109 HR 3151 IH: To amend part D of title XVIII of the Social Security Act to remove the exclusion of benzodiazepines from required coverage under the Medicare prescription drug program.
U.S. House of Representatives
2005-06-30
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
109th CONGRESS 1st Session
H. R. 3151
IN THE HOUSE OF REPRESENTATIVES

June 30, 2005
Mr. Cardin (for himself and Mr. Ramstad) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL
To amend part D of title XVIII of the Social Security Act to remove the exclusion of benzodiazepines from required coverage under the Medicare prescription drug program.

1.Removal of exclusion of benzodiazepines from required coverage under the medicare prescription drug program
(a)In generalSection 1860D–2(e)(2) of the Social Security Act (42 U.S.C. 1395w–102(e)(2)) is amended—
(1)by striking subparagraph (E) and inserting subparagraphs (E) and (J); and
(2)by inserting and benzodiazepines after smoking cessation agents.
(b)Review of benzodiazepine prescription policies to assure appropriateness and to avoid abuseThe Secretary of Health and Human Services shall review the policies of medicare prescription drug plans (and MA–PD plans) under parts C and D of title XVIII of the Social Security Act regarding the filling of prescriptions for benzodiazepine to ensure that these policies are consistent with accepted clinical guidelines, are appropriate to individual health histories, and are designed to minimize long term use, guard against over-prescribing, and prevent patient abuse.
(c)Development by medicare quality improvement organizations of educational guidelines for physicians regarding prescribing of benzodiazepinesThe Secretary of Health and Human Services shall provide, in contracts entered into with medicare quality improvement organizations under part B of title XI of the Social Security Act, for the development by such organizations of appropriate educational guidelines for physicians regarding the prescribing of benzodiazepines.
(d)Effective dateThe amendments made by this section shall be effective as if included in the enactment of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108–173).


117 HRES 698 IH: Supporting the designation of October 2, 2021, as World Ostomy Day and National Ostomy Awareness Day.
U.S. House of Representatives
2021-09-30
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IV117th CONGRESS1st SessionH. RES. 698IN THE HOUSE OF REPRESENTATIVESSeptember 30, 2021Mr. Payne (for himself, Mr. Raskin, and Mr. Case) submitted the following resolution; which was referred to the Committee on Oversight and ReformRESOLUTIONSupporting the designation of October 2, 2021, as World Ostomy Day and National Ostomy Awareness Day.Whereas an ostomy is a type of surgery that creates an opening in the abdomen that allows for the removal of bodily waste when a person has lost the normal function of digestive or urinary systems due to birth defects, colorectal cancer, bladder cancer, Crohn’s disease, ulcerative colitis, and other medical conditions;Whereas an ostomy is also necessary in cases of severe abdominal or pelvic trauma resulting from accidents or from injuries sustained during military service;Whereas approximately 725,000 to 1,000,000 people in the United States have an ostomy or continent diversion, with approximately 100,000 new ostomy procedures performed each year;Whereas ostomy or continent diversion surgery can occur at any age and does not lower life expectancy;Whereas through the efforts of ostomy support organizations, people needing these surgeries are becoming more aware of the opportunities for education, mutual aid, advocacy, and support that are of such great benefit to them and their families;Whereas the aim of National Ostomy Awareness Day is to work toward a society where people with ostomies and intestinal or urinary diversions are universally accepted and supported socially, economically, medically, and psychologically;Whereas October 2, 2021, marks the 10th celebration of World Ostomy Day which is the result of 30 years of advocacy and education domestic and abroad to increase public acceptance of ostomy surgery and continent diversion;Whereas the theme of the 10th World Ostomy Day is Ostomates’ Rights Are Human Rights - anytime and anywhere! recognizes that health is a human right for everyone, at every age, and that this underserved patient population has patient rights and are entitled to quality ostomy health care;Whereas public education and awareness is vital to ensure those who are living with an ostomy face no discrimination and are accepted as normal, healthy individuals;Whereas through education and awareness we can erase the myths, stigma, and embarrassment that are sometimes associated with having an ostomy;Whereas there is a deep commitment to the proper care and advancement of knowledge about bowel and urinary diversion surgery as a result of birth defects, disease, injury, and other digestive disorders; andWhereas to increase public acceptance of ostomy surgery and continent diversion surgery and to remind those who have had surgery in the United States that by raising awareness they can help the world better understand this life-saving surgery and help people receive better ostomy care: Now, therefore, be itThat the House of Representatives—(1)supports the goals and ideals of National Ostomy Awareness Day; (2)supports the goals and ideals of World Ostomy Day; and(3)encourages the people of the United States to observe the day with the appropriate awareness and educational activities.


115 HR 513 IH: Alaska Mental Health Trust Land Exchange Act of 2017
U.S. House of Representatives
2017-01-12
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I115th CONGRESS1st SessionH. R. 513IN THE HOUSE OF REPRESENTATIVESJanuary 12, 2017Mr. Young of Alaska introduced the following bill; which was referred to the Committee on Natural ResourcesA BILLTo provide for the exchange of certain National Forest System land and non-Federal land in the
			 State of Alaska, and for other purposes.

 1.Short titleThis Act may be cited as the Alaska Mental Health Trust Land Exchange Act of 2017. 2.PurposeThe purpose of this Act is to facilitate, authorize, direct, and expedite the exchange of land between the Alaska Mental Health Trust and the Secretary of Agriculture in accordance with this Act—
 (1)to preserve the scenic and visual backdrops of southeastern Alaska communities, while creating jobs and economic opportunities in more remote areas of the State;
 (2)to secure Federal ownership and protection of non-Federal land in the State that has significant natural, scenic, recreational, and other public values; and
 (3)to contribute to the goals and objectives of the Alaska Mental Health Trust. 3.DefinitionsIn this Act:
 (1)Alaska Mental Health TrustThe term Alaska Mental Health Trust means the Alaska Mental Health Trust Authority, an agency of the State. (2)Federal landThe term Federal land means the following 7 parcels of National Forest System land, as generally depicted on maps 7 through 9, comprising a total of approximately 20,580 acres:
 (A)The parcel generally depicted as Naukati Phase 1 on map 8, comprising approximately 2,400 acres. (B)The parcel generally depicted as West Naukati on map 8, comprising approximately 4,182 acres.
 (C)The parcel generally depicted as North Naukati on map 8, comprising approximately 1,311 acres. (D)The parcel generally depicted as East Naukati/2016 Naukati addition on map 8, comprising approximately 1,067 acres.
 (E)The parcel generally depicted as Central Naukati on map 8, comprising approximately 1,858 acres. (F)The parcel generally depicted as Hollis on map 9, comprising approximately 1,538 acres.
 (G)The parcel generally depicted as Shelter Cove Area on map 7, comprising approximately 8,224 acres. (3)MapThe term map means the applicable map prepared by the Alaska Region of the Forest Service entitled Alaska Mental Health Trust Act of 2016—
 (A)numbered 1, 2, 3, 4, 5, 6, 7, or 9 and dated September 19, 2016; or (B)numbered 8 and dated November 28, 2016.
 (4)Non-Federal landThe term non-Federal land means the following 20 parcels of non-Federal land, as generally depicted on maps 1 through 6, comprising a total of approximately 17,341 acres:
 (A)The parcel generally depicted as parcel K–1 on map 1, comprising approximately 1,878 acres. (B)The parcel generally depicted as parcel K–2 on map 1, comprising approximately 707 acres.
 (C)The parcel generally depicted as parcel K–3 on map 1, comprising approximately 901 acres, including the 12-acre conservation easement described in section 4(e)(1).
 (D)The parcel generally depicted as parcel K–4A on map 1, comprising approximately 3,180 acres. (E)The parcel generally depicted as parcel P–1A on map 2, comprising approximately 3,174 acres, including the administrative site described in section 5(c).
 (F)The parcel generally depicted as parcel P–1B on map 2, comprising approximately 144 acres. (G)The parcel generally depicted as parcel P–2B on map 2, comprising approximately 181 acres.
 (H)The parcel generally depicted as parcel P–3B on map 2, comprising approximately 92 acres. (I)The parcel generally depicted as parcel P–4 on map 2, comprising approximately 280 acres.
 (J)The parcel generally depicted as parcel W–1 on map 3, comprising approximately 204 acres. (K)The parcel generally depicted as parcel W–2 on map 3, comprising approximately 104 acres.
 (L)The parcel generally depicted as parcel W–3 on map 3, comprising approximately 63 acres. (M)The parcel generally depicted as parcel W–4 on map 3, comprising approximately 700 acres.
 (N)The parcel generally depicted as parcel S–1 on map 4, comprising approximately 2,456 acres. (O)The parcel generally depicted as parcel S–2 on map 4, comprising approximately 284 acres.
 (P)The parcel generally depicted as parcel S–3 on map 4, comprising approximately 109 acres. (Q)The parcel generally depicted as parcel S–4 on map 4, comprising approximately 26 acres.
 (R)The parcel generally depicted as parcel MC–1 on map 5, comprising approximately 169 acres. (S)The parcel generally depicted as parcel J–1B on map 6, comprising approximately 2,261 acres.
 (T)The parcel generally depicted as parcel J–1A on map 6, comprising approximately 428 acres. (5)SecretaryThe term Secretary means the Secretary of Agriculture.
			4.Land exchange
 (a)In generalIf the Alaska Mental Health Trust offers to convey to the Secretary, in the 2 phases described in subsection (n), all right, title, and interest of the Alaska Mental Health Trust in and to the non-Federal land, the Secretary shall simultaneously convey to the Alaska Mental Health Trust, in the 2 phases described in subsection (n), all right, title, and interest of the United States in and to the Federal land.
 (b)Condition on acceptanceTitle to any non-Federal land conveyed by the Alaska Mental Health Trust to the Secretary under subsection (a) shall be in a form that is acceptable to the Secretary.
 (c)Valid existing rightsUnless otherwise agreed to by the Secretary and the Alaska Mental Health Trust, the conveyances under subsection (a) shall be subject to any valid existing rights, reservations, rights-of-way, or other encumbrances of third parties in, to, or on the Federal land and the non-Federal land as of the date of enactment of this Act.
			(d)Reciprocal road easements
 (1)In generalIn conveying the Federal land and the non-Federal land under subsection (a), the Secretary and the Alaska Mental Health Trust shall exchange at no cost reciprocal easements on existing roads as necessary to access the parcels each party acquires in the exchange.
 (2)Public accessThe reciprocal easements exchanged under paragraph (1) shall provide for public access. (3)Cost-share agreementThe Secretary and the Alaska Mental Health Trust may enter into a separate cost-share agreement to cover the cost of road maintenance with respect to the reciprocal easements exchanged under paragraph (1).
				(e)K–3 parcel landfill buffer
 (1)In generalAs a condition of the exchange under subsection (a), in conveying the parcel of non-Federal land described in section 3(4)(C) to the United States, the Alaska Mental Health Trust shall grant to the United States a 300-foot conservation easement abutting that parcel along the interface of the parcel and the City of Ketchikan landfill (as in existence on the date of enactment of this Act), as generally depicted on map 1.
 (2)Development and ownershipThe conservation easement described in paragraph (1) shall remain undeveloped and in the ownership of the Alaska Mental Health Trust.
 (3)EqualizationThe value of the conservation easement described in paragraph (1) shall be included in the value of the non-Federal land for purposes of equalizing the values of the Federal land and the non-Federal land under subsection (j).
				(f)Research easements
 (1)In generalIn order to allow time for the completion of research activities of the Forest Service that are ongoing as of the date of enactment of this Act, in conveying the Federal land to the Alaska Mental Health Trust under subsection (a), the Secretary shall reserve research easements for the following Forest Service study plots (as in existence on the date of enactment of this Act):
 (A)The Sarkar research easement study plot on the parcel of Federal land described in section 3(2)(B), as generally depicted on map 8, to remain in effect for the 10-year period beginning on the date of enactment of this Act.
 (B)The Naukati commercial thinning study plot on the parcel of Federal land described in section 3(2)(B), as generally depicted on map 8, to remain in effect for the 15-year period beginning on the date of enactment of this Act.
 (C)The POW Yatuk study plot on the parcel of Federal land described in section 3(2)(A), as generally depicted on map 8, to remain in effect for the 10-year period beginning on the date of enactment of this Act.
 (D)The POW Naukati study plot on the parcel of Federal land described in section 3(2)(D), as generally depicted on map 8, to remain in effect for the 10-year period beginning on the date of enactment of this Act.
 (E)The Revilla George study plot on the parcel of Federal land described in section 3(2)(G), as generally depicted on map 8, to remain in effect for the 10-year period beginning on the date of enactment of this Act.
 (2)Prohibited activitiesThe Alaska Mental Health Trust shall not construct any new road or harvest timber on any study plot covered by a research easement described in paragraph (1) during the period described in subparagraph (A), (B), (C), (D), or (E) of that paragraph, as applicable.
				(g)Area of karst concern
 (1)In generalIn conveying the parcels of Federal land described in subparagraphs (A) and (D) of section 3(2) to the Alaska Mental Health Trust under subsection (a), the Secretary shall reserve to the United States a conservation easement that shall protect the aquatic and riparian habitat within the area labeled Conservation Easement, as generally depicted on map 8.
 (2)Prohibited activitiesThe conservation easement described in paragraph (1) shall prohibit within the area covered by the conservation easement—
 (A)new road construction and timber harvest within 100 feet of any anadromous water bodies (including underground water bodies); and
 (B)commercial mineral extraction. (h)Compliance with applicable lawPrior to completing each phase of the land exchange described in subsection (n), the Secretary shall complete, for the land to be conveyed in the applicable phase, any necessary land surveys and required preexchange clearances, reviews, mitigation activities, and approvals relating to—
 (1)threatened and endangered species; (2)cultural and historic resources;
 (3)wetland and floodplains; and (4)hazardous materials.
				(i)Appraisals
 (1)In generalNot later than 90 days after the date of enactment of this Act— (A)the Secretary and the Alaska Mental Health Trust shall select an appraiser to conduct appraisals of the Federal land and the non-Federal land; and
 (B)the Secretary shall issue all appraisal instructions for those appraisals. (2)Requirements (A)In generalAll appraisals under paragraph (1) shall be conducted in accordance with nationally recognized appraisal standards, including—
 (i)the Uniform Appraisal Standards for Federal Land Acquisitions; and (ii)the Uniform Standards of Professional Appraisal Practice.
						(B)Final appraised value
 (i)In generalDuring the 3-year period beginning on the date on which the final appraised values of the Federal land and the non-Federal land for each phase of the exchange described in subsection (n) are approved by the Secretary, the Secretary shall not be required to reappraise or update the final appraised values of the Federal land and the non-Federal land.
 (ii)Exchange agreementBeginning on the date of entrance into an exchange agreement under subsection (a), no reappraisal or updates to the final appraised values of the Federal land and the non-Federal land approved by the Secretary shall be required.
 (3)Public reviewBefore completing each phase of the land exchange described in subsection (n), the Secretary shall make available for public review summaries of the appraisals of the Federal land and the non-Federal land for the applicable phase.
				(j)Equal value land exchange
 (1)In generalThe value of the Federal land and the non-Federal land to be exchanged under subsection (a) shall be—
 (A)equal; or (B)equalized in accordance with this subsection.
					(2)Surplus of Federal land value
 (A)In generalIf the final appraised value of the Federal land (after applying any cash equalization credit or debit from phase 1 of the exchange under subsection (n)(2)) exceeds the final appraised value of the non-Federal land in phase 2 of the exchange, notwithstanding subsection (a), 1 or more parcels, or 1 or more portions of parcels, of the Federal land, as determined by the Alaska Mental Health Trust after consultation with the Secretary, shall be removed from the conveyance to the Alaska Mental Health Trust by—
 (i)removing parcels in accordance with subparagraph (B) until, to the maximum extent practicable, approximate equal value is achieved; and
 (ii)equalizing any remaining difference in value in accordance with paragraph (4). (B)Order of priorityParcels shall be removed under subparagraph (A)(i) in the reverse order of the parcels described in subparagraphs (A) through (G) of section 3(2).
					(3)Surplus of non-Federal land value
 (A)In generalIf the final appraised value of the non-Federal land (after applying any cash equalization credit or debit from phase 1 of the exchange under subsection (n)(2)) exceeds the final appraised value of the Federal land in phase 2 of the exchange, notwithstanding subsection (a), 1 or more parcels, or 1 or more portions of parcels, of the non-Federal land, as determined by the Alaska Mental Health Trust after consultation with the Secretary, shall be removed from the conveyance to the United States by—
 (i)removing parcels in accordance with subparagraph (B) until, to the maximum extent practicable, approximate equal value is achieved; and
 (ii)equalizing any remaining difference in value in accordance with paragraph (4). (B)Order of priorityParcels shall be removed under subparagraph (A)(i) in the reverse order of the parcels, as described in subparagraphs (A) through (T) of section 3(4).
 (C)Waiver of cash equalizationIn order to expedite completion of the exchange, if the values of the Federal land and the non-Federal land cannot be exactly equalized under this paragraph, the Alaska Mental Health Trust may, at its sole discretion, elect to waive any cash equalization payment that would otherwise be due from the United States under paragraph (4).
 (4)Remaining differenceAny remaining difference in value shall be equalized under paragraph (2)(A)(ii) or (3)(A)(ii), as applicable, by—
 (A)removal of a portion of a parcel of the Federal land or the non-Federal land, as applicable, as determined by the Alaska Mental Health Trust after consultation with the Secretary;
 (B)the payment of a cash equalization, as necessary, by the Secretary or the Alaska Mental Health Trust, as appropriate, in accordance with section 206(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(b)); or
 (C)a combination of the methods described in subparagraphs (A) and (B), as determined by the Alaska Mental Health Trust after consultation with the Secretary.
 (k)CostsAs a condition of the land exchange under this Act, the Alaska Mental Health Trust shall agree to pay, without compensation, all costs that are associated with each phase of the exchange described in subsection (n), including—
 (1)all costs to complete the land surveys, appraisals, and environmental reviews described in subsection (h) such that the exchange may be completed in accordance with the deadlines described in subsection (n); and
 (2)on request of the Secretary, reimbursement of costs for agency staff, additional agency staff, or third-party contractors appropriate such that the exchange may be completed in accordance with the deadlines described in subsection (n).
				(l)Land surveys, approvals, uses
 (1)Survey instructionsNot later than 90 days after the date of enactment of this Act, the Secretary of the Interior shall issue survey instructions to assist in the timely completion of all land surveys necessary to complete the land exchange under subsection (a) in accordance with the deadlines described in subsection (n).
 (2)SurveysUnless otherwise agreed to by the Secretary and the Alaska Mental Health Trust, after consultation with the Secretary of the Interior, land surveys shall not be required for—
 (A)any portion of the boundaries of the non-Federal land that is contiguous to— (i)National Forest System land, as in existence on the date of enactment of this Act; or
 (ii)land that has been surveyed or lotted as of the date of enactment of this Act; (B)any portion of the boundaries of the Federal land that is contiguous to—
 (i)land owned as of the date of enactment of this Act by— (I)the Alaska Mental Health Trust; or
 (II)the State; or (ii)land that has been surveyed or lotted as of the date of enactment of this Act;
 (C)any portion of the boundaries that the Secretary and the Alaska Mental Health Trust agree, after consultation with the Secretary of the Interior, is adequately defined by a survey, mapping, or aliquot part, or other legal description; and
 (D)any portion of the boundaries of the non-Federal land that— (i)the United States tentatively conveyed to the State without survey;
 (ii)is being reconveyed to the United States in the land exchange under subsection (a); and (iii)is not surveyed as of the date of enactment of this Act.
 (3)Use of landAny Federal land or non-Federal land that is conveyed to the Alaska Mental Health Trust or the United States under subsection (a) shall, on the conveyance—
 (A)become the property of the party to which the land is conveyed; and (B)be available to the party to which the land is conveyed for all uses permitted under applicable laws (including regulations).
 (m)Parcel adjustmentIf a portion of a parcel of the Federal land or the non-Federal land to be conveyed under subsection (a) cannot be conveyed due to the presence of hazardous materials—
 (1)the portion shall be removed from the exchange; and (2)the final exchange values shall be equalized in accordance with subsection (j).
				(n)Land exchange phases
 (1)In generalThe land exchange under subsection (a) shall be completed in 2 phases, as described in paragraphs (2) and (3).
				(2)Phase 1
 (A)In generalSubject to subparagraph (B) and subsection (j), not later than 1 year after the date of enactment of this Act—
 (i)the Secretary shall convey to the Alaska Mental Health Trust the parcel of Federal land described in section 3(2)(A); and
 (ii)the Alaska Mental Health Trust shall convey to the United States the parcels of non-Federal land described in subparagraphs (A) and (B) of section 3(4).
 (B)ConditionsSubparagraph (A) shall be subject to the following conditions: (i)The land conveyed under this subparagraph shall be appraised—
 (I)separately from the land described in paragraph (3); but (II)in accordance with the nationally recognized appraisal standards described in subsection (i)(2)(A).
 (ii)Any cash equalization payment that would otherwise be necessary to be paid by the Secretary or the Alaska Mental Health Trust on the completion of the conveyance under this paragraph shall be—
 (I)deferred until the completion of the conveyance under paragraph (3); and (II)debited or credited, as appropriate, to any final land or cash equalization that may be due from either party on the completion of the conveyance under paragraph (3).
 (3)Phase 2Subject to subsection (j), not later than 2 years after the date of enactment of this Act— (A)the Secretary shall convey to the Alaska Mental Health Trust the Federal land described in subparagraphs (B) through (G) of section 3(2); and
 (B)the Alaska Mental Health Trust shall convey to the United States the non-Federal land described in subparagraphs (C) through (T) of section 3(4).
					5.Management of non-Federal land
 (a)In generalOn acquisition of the non-Federal land by the Secretary under this Act, the non-Federal land shall— (1)become part of the Tongass National Forest;
 (2)be administered in accordance with the laws applicable to the National Forest System; and (3)be managed to protect the scenic value of the non-Federal land.
 (b)Boundary revisionOn acquisition of the non-Federal land by the Secretary under this Act, the boundaries of the Tongass National Forest shall be modified to reflect the inclusion of the non-Federal land.
 (c)Administrative siteOn acquisition of the parcel of non-Federal land described in section 3(4)(E), the Secretary shall set aside 42 acres of the parcel, in the location generally depicted on map 2, as an administrative site for purposes of the future administrative needs of the Tongass National Forest.
 6.WithdrawalSubject to valid existing rights, the non-Federal land acquired by the Secretary under this Act shall be withdrawn from all forms of—
 (1)entry, appropriation, or disposal under the public land laws; (2)location, entry, and patent under the mining laws; and
 (3)disposition under the mineral leasing, mineral materials, and geothermal leasing laws. 7.Miscellaneous provisions (a)Revocation of orders; withdrawal (1)Revocation of ordersAny public land order or administrative action that withdraws the Federal land from appropriation or disposal under a public land law shall be revoked to the extent necessary to permit the conveyance of the Federal land.
				(2)Withdrawal
 (A)In generalIf the Federal land or any Federal interest in the non-Federal land is not withdrawn or segregated from entry and appropriation under a public land law (including logging and mineral leasing laws and the Geothermal Steam Act of 1970 (30 U.S.C. 1001 et seq.)) as of the date of enactment of this Act, the Federal land or Federal interest in the non-Federal land shall be withdrawn, without further action by the Secretary, from entry and appropriation.
 (B)TerminationThe withdrawal under subparagraph (A) shall be terminated— (i)on the date of the completion of the phase of the land exchange described in section 4(n) covering the applicable Federal land; or
 (ii)if the Alaska Mental Health Trust notifies the Secretary in writing that the Alaska Mental Health Trust elects to withdraw from the land exchange under section 206(d) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(d)), on the date on which the Secretary receives the notice of the election.
						(b)Maps, estimates, descriptions
 (1)Minor errorsThe Secretary and the Alaska Mental Health Trust, by mutual agreement, may correct minor errors in any map, acreage estimate, or description of any land conveyed or exchanged under this Act.
 (2)ConflictIf there is a conflict between a map, acreage estimate, or description of land in this Act, the map shall be given effect unless the Secretary and the Alaska Mental Health Trust mutually agree otherwise.
 (3)AvailabilityOn the date of enactment of this Act, the Secretary shall file and make available for public inspection in the office of the Supervisor of the Tongass National Forest each map.


116 S4990 IS: Health Data De-identification Report Act
U.S. Senate
2020-12-09
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II116th CONGRESS2d SessionS. 4990IN THE SENATE OF THE UNITED STATESDecember 9, 2020Mr. Cassidy introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and PensionsA BILLTo require the Office for Civil Rights of the Department of Health and Human Services to conduct a study and issue a report on the de-identification of data pursuant to privacy regulations.1.Short titleThis Act may be cited as the Health Data De-identification Report Act.2.Study and report by the HHS Office for Civil Rights(a)In generalThe Office for Civil Rights of the Department of Health and Human Services, in cooperation with the National Institute of Standards and Technology, shall conduct a study that considers and compares the effectiveness and validity of safe harbor and expert determination as methods of carrying out the de-identification of data required under section 164.514 of title 45, Code of Federal Regulations (as in effect on the date of enactment of this Act), and shall submit to Congress a report on such study not later than 270 days of the date of enactment of this Act.(b)Content of study and reportThe study and report under subsection (a) shall consider—(1)any known instances where data that was de-identified as required under section 164.514 of title 45, Code of Federal Regulations (as in effect on the date of enactment of this Act) became re-identified, even partially, and, with respect to each such instance, how such re-identification occurred and any harm incurred by any individual whose data was re-identified;(2)the frequency by which each of the safe harbor method and the expert determination method is used for the de-identification of data as described in subsection (a), and the sizes of the data sets on which each such method is used;(3)the costs of each such method of de-identification, and the relative utility of the data that is de-identified through each such method;(4)which of the 2 methods of de-identification renders data less likely to be easily re-identifiable;(5)whether either such method removes information that would help address health care disparities, thereby making it more difficult to address such disparities; (6)which of the 2 methods is most commonly used for purposes of medical research, and the benefits and disadvantages of using each such method for such purpose;(7)the risk of re-identification by each of the 2 methods, especially when the resulting de-identified dataset will be accessible by entities that have access to additional data;(8)whether or not there are use cases that cannot be performed using data de-identified by either of the 2 methods; and(9)the ease or difficulty of expert determination, taking into consideration cost, accessibility, and qualifications of experts.


114 S363 IS: To Aid Gifted and High-Ability Learners by Empowering the Nation's Teachers Act
U.S. Senate
2015-02-04
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II114th CONGRESS1st SessionS. 363IN THE SENATE OF THE UNITED STATESFebruary 4, 2015Mr. Grassley (for himself, Ms. Mikulski, Mr. Casey, Mr. Whitehouse, and Mr. Boozman) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and PensionsA BILLTo amend the Elementary and Secondary Education Act of 1965 to aid gifted and talented and
			 high-ability learners by empowering the Nation's teachers, and for other
			 purposes.

		1.Short
			 title; table of contents
			(a)Short
 titleThis Act may be cited as the To Aid Gifted and High-Ability Learners by Empowering the Nation's Teachers Act or the TALENT Act.
			(b)Table of
 contentsThe table of contents for this Act is as follows:Sec. 1. Short title; table of contents.Sec. 2. Findings.Sec. 3. References.TITLE I—Improving basic program requirementsSec. 101. State plans.Sec. 102. Annual State report cards.Sec. 103. Local educational agency plans.Sec. 104. National assessment of title I.TITLE II—Improving teaching for gifted and talented studentsSec. 201. State applications.Sec. 202. Local applications and needs assessments.Sec. 203. Local use of funds.Sec. 204. Subgrants to eligible partnerships.TITLE III—Gifted and talented students in rural schoolsSec. 301. Small rural school achievement program.Sec. 302. Rural and low-income school program.TITLE IV—Supporting essential research on the learning needs of gifted and talented studentsSec. 401. Supporting essential research on the learning needs of gifted and talented students.TITLE V—General provisionsSec. 501. Definitions.Sec. 502. Amendments to other laws.Sec. 503. Effective date. 2.FindingsCongress makes the following findings:
 (1)Academically gifted and talented students make up an estimated 6 to 10 percent of the prekindergarten through grade 12 student population, totaling between 3,000,000 and 6,000,000 students.
 (2)There is a growing excellence gap at the highest levels of achievement between the performance of subgroups of students, particularly between the performance of students who are African-American or Hispanic and the performance of White students, and between low-income students compared to their more advantaged peers, on statewide assessments and on the National Assessment of Educational Progress.
 (3)Advanced students in the United States lag behind the performance of similar students in other countries, which puts the Nation at a competitive disadvantage.
 (4)Gifted and talented students, and high-ability students who have not been formally identified for gifted education services, require modifications to the general education curriculum to fully meet their potential.
 (5)Effective assessment and instruction of gifted and talented students requires educators to have specialized knowledge and skills.
 (6)Ninety percent of teachers nationwide want more professional development focused on the skills necessary for teaching advanced students.
 (7)Interventions and strategies that have been demonstrated to be successful with gifted and talented students can be modified to improve the achievement of all students.
 (8)The availability of gifted education programs and services to students who require such services is unequal and often relies solely on local resources and leadership, leaving many high-ability students from rural areas or who are English language learners or Hispanic, African-American, or Native American, among others, without access to appropriate services.
 (9)There are an estimated 360,000 students in the United States who are both gifted and have a disability. These twice exceptional children present special challenges because their disability often masks their academic potential or their academic strengths may mask their disability, resulting in a lack of services and supports for this student population.
 (10)The development and dissemination of research and national data on gifted and talented students is necessary to—
 (A)guide evidence-based classroom practices vital to meeting the unique needs of this population of students; and
 (B)contribute to the decisionmaking of educators, families, and policymakers.
 3.ReferencesExcept as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.).
		IImproving basic
			 program requirements
			101.State
			 plans
 (a)AccountabilitySection 1111(b)(2)(A) (20 U.S.C. 6311(b)(2)(A)) is amended—
 (1)in clause (ii), by striking and after the semicolon;
 (2)in clause (iii), by striking the period at the end and inserting ; and; and
 (3)by adding at the end the following:

 (iv)include a recognition program for local educational agencies in the State that, for each category of students described in subparagraph (C)(v), significantly increase the proportion of students scoring at or above the advanced level of achievement on the State academic assessments under paragraph (3)..
					(b)State
 assessmentsSection 1111(b)(3)(C) (20 U.S.C. 6311(b)(3)(C)) is amended—
 (1)in clause (xiv), by striking and after the semicolon;
 (2)in clause (xv), by striking the period at the end and inserting ; and; and
 (3)by adding at the end the following:

 (xvi)measure individual academic achievement, including measuring above grade level achievement..
					(c)Accountability
 systemSection 1111(b)(8) (20 U.S.C. 6311(b)(8)) is amended—
 (1)in subparagraph (D), by striking and after the semicolon;
 (2)by redesignating subparagraph (E) as subparagraph (F); and
 (3)by inserting after subparagraph (D) the following:

 (E)the specific steps the State educational agency will take to assist each local educational agency and school affected by the State plan to provide additional educational assistance to individual students who—
 (i)perform at the advanced level of achievement on the State academic assessments described in paragraph (3); and
 (ii)are gifted and talented (including high-ability students with disabilities, high-ability students who are limited English proficient, and other high-ability students who have not previously been formally identified for gifted education services); and.
					102.Annual State
 report cardsSection 1111(h)(1)(C) (20 U.S.C. 6311(h)(1)(C)) is amended—
 (1)in clause (vii), by striking and after the semicolon; (2)by redesignating clause (viii) as clause (ix); and
 (3)by inserting after clause (vii) the following:

 (viii)a comparison of the performance of students between different local educational agencies across the State at each level of achievement described in subsection (b)(1)(D)(ii), disaggregated by the subgroups described in subsection (b)(2)(C)(v); and.
				103.Local
			 educational agency plans
				(a)Plan
 provisionsSection 1112(b)(1) (20 U.S.C. 6312(b)(1)) is amended—
 (1)in subparagraph (P), by striking and after the semicolon;
 (2)in subparagraph (Q), by striking the period at the end and inserting ; and; and
 (3)by adding at the end the following:

 (R)a description of how the local educational agency will—
 (i)identify gifted and talented students, including high-ability students with disabilities, high-ability students who are limited English proficient, and other high-ability students who have not previously been formally identified for gifted education services; and
 (ii)implement educational approaches at the elementary and secondary levels to support the learning needs of gifted and talented students to ensure that such students make appropriate learning gains, such as early entrance to kindergarten, enrichment, acceleration, curriculum compacting, and dual enrollment in secondary school and postsecondary education..
					(b)Schoolwide
 programsSection 1114(b)(1) (20 U.S.C. 6314(b)(1)) is amended by adding at the end the following:

 (K)A description of how the school will identify gifted and talented students, including high-ability students with disabilities, high-ability students who are limited English proficient, and other high-ability students who have not previously been formally identified for gifted education services, and provide services to support the learning needs of gifted and talented students to ensure that such students make appropriate learning gains..
				(c)Targeted
 assistance schoolsSection 1115(c)(1) (20 U.S.C. 6315(c)(1)) is amended—
 (1)in subparagraph (G), by striking and after the semicolon;
 (2)in subparagraph (H), by striking the period at the end and inserting ; and; and
 (3)by adding at the end the following:

 (I)identify gifted and talented students, including high-ability students with disabilities, high-ability students who are limited English proficient, and other high-ability students who have not previously been formally identified for gifted education services, and provide services to support the learning needs of gifted and talented students to ensure that gifted and talented and high-ability students make appropriate learning gains..
					104.National
 assessment of title ISection 1501(a)(2)(E) (20 U.S.C. 6491(a)(2)(E)) is amended—
 (1)in clause (iv), by striking and;
 (2)in clause (v), by striking the period at the end and inserting ; and; and
 (3)by adding at the end the following:  (vi)made public an analysis of excellence gaps and a description of activities to close any such gaps..
				IIImproving
			 teaching for gifted and talented students
			201.State
 applicationsSection 2112(b)(5) (20 U.S.C. 6612(b)(5)) is amended by adding at the end the following:

 (C)A description of the comprehensive strategy the State educational agency will use to improve the teaching skills of teachers, principals, pupil services personnel, and other instructional leaders in order to enable them to employ strategies that focus on—
 (i)the identification of students' specific learning needs, particularly students with disabilities, students who are limited English proficient, students who are gifted and talented, and students with low literacy levels; and
 (ii)the tailoring of academic instruction to such needs..
			202.Local
			 applications and needs assessments
				(a)Local
 applicationsSection 2122(b) (20 U.S.C. 6622(b)) is amended by adding at the end the following:

 (12)A description of how the activities will have a substantial, measurable, and positive impact on student academic achievement and how the activities will be used as part of a broader strategy to eliminate the achievement gap and the excellence gap..
				(b)Needs
 assessmentSection 2122(c)(2) (20 U.S.C. 6622(c)(2)) is amended by inserting shall be based on an analysis of the achievement and learning needs of students at each level of achievement described in section 1111(b)(1)(D)(ii) on the State academic assessments, disaggregated by each subgroup described in section 1111(b)(2)(C)(v)(II), before shall be conducted.
				203.Local use of
 fundsSection 2123(a) (20 U.S.C. 6623(a)) is amended—
 (1)in the matter preceding paragraph (1), by striking to carry out and inserting to increase student achievement for all students, including limited English proficient students, students with disabilities, and gifted and talented students, by carrying out; and
 (2)in paragraph (3)(B)— (A)in clause (iv), by striking and;
 (B)in clause (v), by striking the period at the end and inserting ; and; and
 (C)by adding at the end the following:  (vi)provide training to support the identification of students who are gifted and talented, and to implement instructional practices that support the education of such students, such as early entrance to kindergarten, enrichment, acceleration, curriculum compacting and dual enrollment in secondary school and postsecondary education..
					204.Subgrants to
 eligible partnershipsSection 2134(a)(1) (20 U.S.C. 6634(a)(1)) is amended—
 (1)in subparagraph (A), by striking and after the semicolon; and
 (2)by adding at the end the following:  (C)teachers, principals, and pupil service personnel have the training to support—
 (i)the identification of students who are gifted and talented, including high-ability students with disabilities, high-ability students who are limited English proficient, and other high-ability students who have not previously been formally identified for gifted education services; and
 (ii)implementation of instructional practices that support the education of gifted and talented students, such as early entrance to kindergarten, enrichment, acceleration, curriculum compacting, and dual enrollment in secondary school and postsecondary education; and.
				IIIGifted and
			 talented students in rural schools
			301.Small rural
 school achievement programSection 6211(a)(1) (20 U.S.C. 7345(a)(1)) is amended by inserting , including supporting gifted and talented students (including high-ability students with disabilities, high-ability students who are limited English proficient, and other high-ability students who have not previously been formally identified for gifted education services), after local activities.
			302.Rural and
 low-income school programSection 6222(a)(2) (20 U.S.C. 7351a(a)(2)) is amended by striking and to train and inserting , train teachers to meet the unique learning needs of gifted and talented students, including high-ability students with disabilities, high-ability students who are limited English proficient, and other high-ability students who have not previously been formally identified for gifted education services, and train.
			IVSupporting
			 essential research on the learning needs of gifted and talented
			 students
			401.Supporting
			 essential research on the learning needs of gifted and talented
 studentsThe Secretary, acting through the Director of the Institute of Education Sciences, shall—
 (1)continue research and development activities related to the education of gifted and talented students, particularly research and development activities related to such students who reside in rural communities or have been underrepresented as gifted and talented, including students who are low-income or limited English proficient, students with disabilities, and students from minority backgrounds;
 (2)support a National Research and Dissemination Center on the Gifted and Talented that conducts research and serves as a national clearinghouse for evidence-based best practices to improve the identification and instruction of gifted and talented students;
 (3)administer demonstration grants that build and enhance the ability of elementary school and secondary school personnel to support gifted and talented students; and
 (4)ensure that statistical data related to the education of gifted and talented children in kindergarten through grade 12 in the United States and in other nations is collected, reported, analyzed, and disseminated.
				VGeneral
			 provisions
 501.DefinitionsSection 9101 (20 U.S.C. 7801) is amended—
 (1)by redesignating paragraphs (19) through (42) and paragraph (43) as paragraphs (20) through (43) and paragraph (45), respectively;
 (2)by inserting after paragraph (18) the following:

						(19)Excellence
 gapThe term excellence gap means differences in the percentage of students performing at the highest level of achievement described in section 1111(b)(1)(D)(ii) between different subgroups described in section 1111(b)(2)(C)(v)(II).;
				and
 (3)by inserting after paragraph (43), as redesignated by paragraph (1), the following:

						(44)Teaching
 skillsThe term teaching skills has the meaning given the term in section 200 of the Higher Education Act of 1965..
				502.Amendments to
			 other laws
				(a)Coordination of
 Federal STEM educationSection 101(b) of the America COMPETES Reauthorization Act of 2010 (42 U.S.C. 6621(b)) is amended—
 (1)in the first subsection (b)—
 (A)in paragraph (5)(D), by striking and after the semicolon;
 (B)in paragraph (6), by striking the period at the end and inserting ; and; and
 (C)by inserting after paragraph (6), the following:

 (7)encourage participating agencies to develop and implement activities and programs that support advanced students in kindergarten through grade 12, including advanced students who are from low-income families and advanced students from other groups that are underrepresented in the STEM fields, in order to promote advanced students' pursuit of careers in STEM fields.;
				and
 (2)by redesignating the second subsection (b) and subsection (c) as subsection (c) and subsection (d), respectively.
					(b)Laboratory
			 cooperative science centers and other authorized education
 activitiesSection 3164 of the National Defense Authorization Act for Fiscal Year 1991 (42 U.S.C. 7381b(a)) is amended—
 (1)in paragraph (5), by inserting The Secretary shall determine which students are eligible to participate in such mathematics and science education programs based on the academic achievement of such students. after development facilities.; and
 (2)in paragraph (13), by inserting The Secretary shall determine which middle-school students are eligible to participate in such prefreshman enrichment program based on the academic achievement of such students. after by universities on their campuses..
					(c)Advanced
 Placement and International Baccalaureate programsSection 6123 of the America COMPETES Act (20 U.S.C. 9833) is amended—
 (1)in subsection (d)—
 (A)in paragraph (1), by striking and after the semicolon;
 (B)in paragraph (2), by striking the period at the end and inserting ; and; and
 (C)by adding at the end the following:

 (3)the availability of Advanced Placement or International Baccalaureate mathematics, science, and critical foreign language courses earlier than is typical to students who are prepared for such work.;
				and
 (2)in subsection (f)(2)—
 (A)in subparagraph (E), by striking and after the semicolon;
 (B)in subparagraph (F), by striking the period at the end and inserting ; and; and
 (C)by adding at the end the following:

 (G)how the eligible entity will make Advanced Placement or International Baccalaureate mathematics, science, and critical foreign language courses available earlier than is typical to students who are prepared for such work..
						503.Effective
 dateThis Act, and the amendments made by this Act, shall take effect 1 year after the date of enactment of this Act.


I
108th CONGRESS
2d Session
H. R. 4236
IN THE HOUSE OF REPRESENTATIVES

April 28, 2004
Mr. Gutierrez (for himself, Mr. Paul, Mr. Sherman, Mr. Otter, Mr. Towns, Mr. Baca, Ms. Lee, Mrs. Maloney, Mr. Brady of Pennsylvania, Ms. Carson of Indiana, Mr. Price of North Carolina, Mr. Lipinski, Mr. Acevedo-Vilá, Ms. Waters, Mr. Rangel, Mr. Nadler, Mr. Sanders, Mr. Hinchey, Ms. Slaughter, Mr. Owens, Mr. Rush, Mr. Weiner, Mr. Davis of Illinois, Mr. Clay, Mr. Serrano, Ms. Schakowsky, Mr. Grijalva, Mr. Moran of Virginia, Ms. Baldwin, and Mr. Bartlett of Maryland) introduced the following bill; which was referred to the Committee on Financial Services

A BILL
To provide for congressional disapproval of certain regulations issued by the Comptroller of the Currency, in accordance with section 802 of title 5, United States Code.

 That the Congress disapproves the rule submitted by the Comptroller of the Currency relating to bank activities and regulations, published at 69 Fed. Reg. 1895 (2004), and such rule shall have no force or effect.