110 HR 3862 IH: Preparing America’s Seniors for

U.S. House of Representatives
2007-10-16
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
		110th CONGRESS
		1st Session
		H. R. 3862
		IN THE HOUSE OF REPRESENTATIVES

			October 16, 2007
			Mr. Wynn (for himself
			 and Mr. Butterfield) introduced the
			 following bill; which was referred to the Committee on Energy and
			 Commerce

		A BILL
		To improve public awareness in the United States among
		  older individuals and their families and caregivers about the impending Digital
		  Television Transition through the establishment of a Federal interagency
		  taskforce between the Federal Communications Commission, the Administration on
		  Aging, the National Telecommunications and Information Administration, and the
		  outside advice of appropriate members of the aging network and industry
		  groups.

		1.Short title; table of
			 contents
			(a)Short
			 titleThis Act may be cited
			 as the Preparing America’s Seniors for
			 the Digital Transition Act of 2007.
			(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. DTV educational partnership to benefit older
				individuals.
					Sec. 4. Provisions relating to forfeitures.
					Sec. 5. Digital television transition public education outreach
				and installation assistance grants program.
					Sec. 6. Modification of the digital-to-analog converter box
				program.
					Sec. 7. Reporting requirements.

			2.FindingsCongress finds that—
			(1)on February 17,
			 2009, television stations will cease broadcasting analog signals and
			 traditional analog televisions will stop working unless they are connected to a
			 digital-to-analog converter box, cable, or satellite;
			(2)a
			 study conducted by the National Association of Broadcasters revealed that over
			 half of the respondents had seen, read, or heard nothing about
			 the transition to digital television, and only 10 percent were able to guess
			 that the transition would occur in 2009;
			(3)according to a
			 July 2007 study released by the Association of Public Television Stations,
			 older individuals—
				(A)over the age of 65
			 are more likely to be found in over-the-air households and are, therefore, a
			 much more vulnerable group with respect to maintaining television service as
			 the digital transition is completed;
				(B)as a group, are
			 less likely to have purchased a new television in the past 3 years, are less
			 likely to have HDTV capabilities in their households, and are less likely to
			 own a digital television;
				(C)will not have the
			 same exposure to digital television transition messages from electronic
			 retailers as will younger members of the population; and
				(D)will need special
			 focus in efforts to educate the public with respect to the transition from
			 analog to digital television;
				(4)according to a
			 Nielsen Media Research report, approximately 20,000,000 households rely
			 exclusively on analog or free over-the-air broadcasts;
			(5)of these
			 20,000,000 households, approximately 8,000,000 include at least 1 person over
			 the age of 50, according to the Nielsen Media Research TV Household
			 Estimates;
			(6)according to the
			 General Accountability Office, about 48 percent of over-the-air households have
			 incomes under $30,000;
			(7)frail, homebound,
			 rural, minority, disabled, limited English proficient, and low-income older
			 individuals will need specific guidance and assistance in order to purchase and
			 properly install a digital-to-analog converter box;
			(8)without a targeted
			 outreach program residents in nursing homes and assisted living facilities
			 represent a segment of the population at risk for losing television service as
			 a result of the digital transition;
			(9)failure to
			 seamlessly transition from analog to digital television will restrict or
			 eliminate the access of older individuals to essential preparedness and safety
			 information in the event of an emergency or disaster, as such individuals will
			 be unable to receive national and local alerts aired over television;
			(10)it is now 6 years
			 after the communication failures of September 11, 2001, which spurred Federal
			 Government adoption of a firm digital television transition date;
			(11)unfortunately the
			 Department of Commerce and the Federal Communications Commission have not
			 adequately assured Congress that vulnerable households will be properly
			 educated and prepared for such transition; and
			(12)older
			 individuals, their families, caregivers, and aging support networks will need
			 targeted outreach to inform them of steps to take in order to ensure
			 uninterrupted television service and to help mitigate potential digital
			 television transition scams that may target the elderly.
			3.DTV educational
			 partnership to benefit older individualsPart I of title III of the Communications
			 Act of 1934 (47
			 U.S.C. 301 et seq.) is amended by adding at the end the
			 following:

				342.Federal
				interagency taskforce to educate older individuals on the DTV transition of
				2009
					(a)Establishment
						(1)In
				generalThe Chairman and Commissioners of the Federal
				Communications Commission shall enter into a partnership with the
				Administration on Aging and the National Telecommunications and Information
				Administration, to create a comprehensive public education campaign that
				provides information and assistance to older individuals, their families,
				caregivers, and aging support networks about measures that may be taken—
							(A)to ensure that
				such older individuals receive uninterrupted television service during the
				transition from analog to digital television that is to occur on February 17,
				2009; and
							(B)to mitigate the
				likelihood of success of fraudulent schemes relating to such transition that
				may target such older individuals.
							(2)Access to
				resourcesIn carrying out the educational campaign required under
				paragraph (1), the Federal interagency taskforce established under such
				paragraph shall utilize existing resources and efforts of the Federal, State,
				and local governments, industry, and other appropriate entities.
						(3)TimingThe
				educational campaign required under paragraph (1) shall commence not later than
				January 1, 2008 or 60 days after the date of enactment of this section.
						(b)Advisory
				board
						(1)In
				generalThe Commission, the Administration on Aging, and the
				National Telecommunications and Information Administration shall establish an
				advisory board to recommend to the Federal interagency task force established
				under subsection (a) the type, manner, and content of the information to be
				used as part of the educational campaign required under such subsection.
						(2)MembershipThe
				advisory board established under paragraph (1) shall consist of 2 designees
				each from the Commission, the Administration on Aging, and the National
				Telecommunications and Information Administration and no more than 30
				additional members, which shall include—
							(A)representatives
				from the aging network, as such term is defined in section 102 of the Older
				Americans Act of 1965 (42 U.S.C. 3002), such as the
				National Association of Area Agencies on Aging, Meals on Wheels Association of
				America, and National Association of State Units on Aging;
							(B)representatives
				from the entity or entities that the Assistant Secretary for Communications and
				Information selects or assigns to administer the digital-to-analog converter
				box program required under section 3005(c)(2)(A) of the Digital Television
				Transition and Public Safety Act of 2005 (Public Law 109–171; 120 Stat.
				23);
							(C)representatives
				from the associations of industry and related stakeholder groups to
				include—
								(i)commercial and
				noncommercial broadcasters;
								(ii)manufacturers and
				retailers of consumer electronics equipment;
								(iii)cable operators;
				and
								(iv)satellite
				providers;
								(D)State, local, and
				tribal governments, such as the National Association of Telecommunications
				Officers and Advisors and the National Governors Association;
							(E)members from the
				general public who have expertise in consumer education and outreach;
							(F)older
				individuals;
							(G)representatives
				from—
								(i)minority groups,
				including Hispanic Americans;
								(ii)Americans whose
				primary language is not English;
								(iii)tribal
				groups;
								(iv)Americans with
				disabilities;
								(v)Americans living
				in rural communities;
								(vi)nursing homes and
				assisted living facilities; and
								(vii)consumer
				protection groups; and
								(H)representatives
				from low-income assistance program providers.
							(3)AppointmentNot
				later than 30 days after the date of enactment of this section, the Commission,
				the Administration on Aging, and the National Telecommunications and
				Information Administration shall appoint each member of the advisory
				board.
						(4)ChairmanThe
				members of the Advisory Board shall elect 1 member to serve as Chairman within
				30 days after the date of enactment of this section, in order to facilitate
				rapid creation and implementation of the Advisory Board.
						(c)Duties
						(1)in
				generalThe Federal interagency taskforce established under
				subsection (a) shall carry out a nationwide program with the assistance of the
				advisory board established under subsection (b) that includes, at a
				minimum—
							(A)an easily
				comprehensible explanation of the digital television transition,
				including—
								(i)the effective date
				of such transition; and
								(ii)who is affected
				by such transition;
								(B)the public safety
				and emergency preparedness concerns the transition will address, such as the
				Digital Emergency Alert System and reverse 911, and the potential public safety
				hazards to older individuals of not successfully transitioning to digital
				television;
							(C)instructions to
				determine whether a television will receive a digital signal and, if not, the
				options to ensure reception of a digital signal and the related costs;
							(D)information
				related to the digital-to-analog converter box coupon program, eligible versus
				noneligible converter boxes, certified retailers, and important associated
				deadlines; and
							(E)tips on how to
				avoid potential fraudulent schemes related to the digital television transition
				that may target older individuals.
							(2)Additional
				dutiesThe Federal interagency taskforce established under
				subsection (a) shall—
							(A)examine ways to
				simplify the purchasing and installing of a digital-to-analog converter box for
				older individuals and take into consideration the unique needs of frail,
				homebound, minority, disabled, limited English proficient, rural, and
				low-income older individuals, as well as residents of nursing homes and
				assisted living facilities;
							(B)consult with and
				seek assistance from the Commission's Homeland Security and Public Safety
				Bureau;
							(C)establish specific
				and realistic benchmarks for identifying the estimated reach of the public
				education campaign required under this section to older individuals, their
				families, caregivers, and aging support networks;
							(D)coordinate with
				stakeholder to properly implement the comprehensive education campaign;
							(E)provide, at no
				cost, to non profit entities such as entities within the aging network consumer
				education materials and technical assistance regarding the transition from
				analog to digital television that is to occur on February 17, 2009; and
							(F)specifically
				analyze the impact of the transition from analog to digital television on the
				residents of non profit nursing homes and assisted living facilities.
							(d)Report
						(1)Initial
				reportNot later than 90 days after the date of enactment of this
				section, the Commissioner, the Assistant Secretary for Aging, and the Assistant
				Secretary for Communications and Information shall submit a report to Congress
				on—
							(A)the ability of the
				Federal interagency taskforce to meet the requirements and duties described
				under subsection (c); and
							(B)that summarizes
				each agency's efforts to increase consumer education and awareness about the
				transition from analog to digital television among older individuals, as well
				as that agency’s efforts to coordinate with the other Federal and non-Federal
				members of the taskforce and the advisory board.
							(2)Content of
				reportThe report required under paragraph (1) shall, at a
				minimum, also include the following:
							(A)How the Federal
				interagency taskforce will meet the specific benchmarks established under
				subsection (c)(2)(C) to ensure that older individuals who rely on over-the-air
				broadcasting are not left without television service after February 17,
				2009.
							(B)How the Federal
				interagency taskforce will address the unique needs of frail, homebound,
				disabled, minority, rural, limited English proficiency and low-income older
				individuals, as well as residents of nursing homes and assisted living
				facilities, all of whom will need specific guidance and assistance in order to
				purchase and install a digital-to-analog converter box through the National
				Telecommunications and Information Administration’s Digital-to-Analog Converter
				Box Coupon Program without any undue burden.
							(C)How the Federal
				interagency taskforce will provide guidance and technical assistance to the
				families, caregivers, and aging support networks of these vulnerable older
				individuals.
							(D)How the Federal
				interagency taskforce will mitigate potential scams that may target the elderly
				throughout the course of the National Telecommunications and Information
				Administration’s Digital-to-Analog Converter Box Coupon Program.
							(E)How the Federal
				interagency taskforce will coordinate between State, local, and tribal
				governments and the head of each Federal agency overseeing a low-income
				assistance program, such as the Supplemental Security Income Program, the Low
				Income Home Energy Assistance Program, the Lifeline Assistance, and Link Up
				America programs, to ensure that such programs disseminate information about
				the transition from analog to digital television to their program
				recipients.
							(F)What resources
				will be necessary to provide outreach and assistance at the community level and
				how the taskforce will prioritize such resources.
							(3)Final
				reportNot later than 3 months before February 17, 2009, the
				Commissioner, Assistant Secretary for Aging, and the Assistant Secretary for
				Communications and Information shall submit a report to Congress that
				describes—
							(A)the level of
				outreach and success achieved by the education campaign required under
				subsection (a); and
							(B)the necessary
				remaining steps that must be taken in order to ensure that older individuals
				who rely on over-the-air broadcasting are not left without television service
				after February 17, 2009.
							(e)Definition of
				older individualFor purposes of this section, the term
				older individual means an individual who is 50 years of age or
				older.
					(f)Authorization of
				appropriationsThere are authorized to be appropriated to the
				Federal interagency taskforce established under subsection (a) such sums as are
				necessary to carry out the provisions of this section in addition to—
						(1)amounts
				transferred pursuant to section 344(c)(5) of this Act; and
						(2)amounts
				transferred pursuant to section 503(b)(7) of this Act.
						(g)Return of
				unexpended fundsUpon termination of the Federal interagency
				taskforce, any unexpended funds shall be paid back to the original source of
				such funds, including to the general accounts of the Federal Communications
				Commission held at the Treasury for any amounts deposited in the fund pursuant
				to paragraphs (1) or (2) of subsection (f).
					343.Additional
				requirements related to the DTV transition
					(a)Requirements on
				broadcasters
						(1)PSAsBeginning on the date of enactment of this
				section and ending on March 31, 2009, the Commission shall require each full
				power commercial television broadcast licensee or permittee to broadcast during
				each day between the hours of 6 a.m. and 11 p.m., public service announcements
				notifying the public, in particular older individuals and their families,
				caregivers, and aging support networks, of the transition from analog to
				digital television that is to occur after February 17, 2009.
						(2)Time
				requirements and total running timeBased on the overall
				concentration of over-the-air households by State and locality, broadcasters
				shall air a minimum of 60 seconds of public service announcements per day at
				variable time slots throughout the week, with half airing between 5 p.m. and 11
				p.m.
						(3)Required
				contentAny public service
				announcement broadcast after January 1, 2008, shall include—
							(A)information concerning the
				digital-to-analog converter box program required under section 3005 of the
				Digital Television Transition and Public Safety Act of 2005 (Public Law
				109–171; 120 Stat. 23);
							(B)such additional consumer information as the
				Federal interagency taskforce may recommend based on input from the advisory
				committee established under section 342; and
							(C)such additional
				information as local broadcasters may determine necessary to appropriately
				educate their viewers about the transition from analog to digital
				television.
							(4)Consumer
				education plans
							(A)In
				generalNot later than January 1, 2008, or 30 days after the date
				of enactment of this Act if this Act is enacted after such date, each full
				power commercial television broadcast licensee or permittee shall have in place
				a comprehensive consumer education plan to inform local viewers about the
				impending the transition from analog to digital television based on the overall
				concentration of over-the-air households by State and locality.
							(B)ProgramsPrograms
				carried out under the plan required by subparagraph (A) may include educational
				programming, donut spots, crawls, and speaking events.
							(5)Periodic reports
				to the FCC
							(A)Commercial
				broadcastersNot later than 90 days after the date of enactment
				of this section, and every 90 days thereafter until March 31, 2009, each
				commercial television broadcast licensee or permittee shall submit a report to
				the Commission detailing their efforts to comply with the requirements of this
				subsection.
							(B)Non commercial
				broadcastersNot later than June 18, 2008 the Corporation for
				Public Broadcasting, as defined in section 397(2) shall submit a report to the
				Commission on behalf of television public broadcast stations—
								(i)detailing the
				activities of the public television industry in educating the public about the
				digital transition; and
								(ii)including
				information relating to—
									(I)airtime allocated
				towards consumer education; and
									(II)other outreach
				efforts.
									(C)Public
				availabilityThe Commission shall make any report required under
				subparagraph (A) or (B) available to the public on the Internet, without fee or
				other access charge, in a searchable and downloadable manner.
							(b)Requirements on
				MVPD
						(1)In
				generalNot later than January 1, 2008, or 30 days after the date
				of enactment of this Act if this Act is enacted after such date, each
				multichannel video programming distributor (as defined in section 602) shall
				develop a plan to notify subscribers about the transition from analog to
				digital television that is to occur on February 17, 2009.
						(2)Requirements of
				planThe plan required under paragraph (1) shall explain—
							(A)what the digital
				transition is;
							(B)how the transition
				will affect subscribers of the multichannel video programming distributor;
				and
							(C)such additional
				information as multichannel video programming distributors may determine
				necessary to appropriately educate their viewers about the transition from
				analog to digital television.
							(c)Requirements for
				electronics retailers and distributors of converter boxes
						(1)Requirements for
				manufacturers of converter boxesThe manufacturer of any
				digital-to-analog converter box that is eligible to be obtained using a
				redeemable Federal coupon and that is manufactured in the United States or
				shipped in interstate commerce shall—
							(A)place an
				appropriate label on the retail packaging of the converter box; and
							(B)maintain a
				toll-free 1–800 number that customers can call to obtain installation
				assistance.
							(2)Label
				requirementFor purposes of paragraph (1), an appropriate label
				is a label that meets the following requirements:
							(A)The label is
				displayed—
								(i)in
				a clear and conspicuous manner; and
								(ii)in large and
				visible font.
								(B)The label informs
				the consumer that the converter box is fully compliant with all Federal
				standards relating to the eligibility of that converter box to be used with the
				Federal coupon program described under section 3005 of the Digital Television
				Transition and Public Safety Act of 2005 (Public Law 109–171; 120 Stat. 23).
				The information required to be included on a label under this subparagraph may
				be conveyed by affixing the following phrase to the label: NTIA
				Coupon-Eligible.
							(3)Requirements for
				in-store retailersEach in-store retailer shall place adjacent to
				digital-to-analog converter boxes that such retailer displays for sale or rent,
				a separate sign that identifies which converter boxes are NTIA
				Coupon-Eligible.
						(4)Requirements for
				other retailersAny retailer of digital-to-analog converter boxes
				that sells such converter boxes via direct mail, catalog, or electronic means,
				shall ensure that all advertisements or descriptions of such converter box
				identifies whether or not such converter box is NTIA
				Coupon-Eligible.
						(5)Penalties
							(A)In
				generalThe forfeiture penalties established by section 503(b)
				shall apply to a violation of any requirement under this section.
							(B)Transfer to
				Federal interagency taskforceThe amount of any forfeiture
				penalty determined, imposed, or otherwise assessed by the Commission for
				violations of this section shall be transferred to the accounts of the Federal
				interagency taskforce established pursuant to section 342.
							(d)Report of
				certified retailersThe National Telecommunications and
				Information Administration shall require—
						(1)each retailer
				certified by the Administration to participate in the digital-to-analog
				converter box coupon program under section 3005 of the Digital Television
				Transition and Public Safety Act of 2005 (Public Law 109–171; 120 Stat. 23);
				and
						(2)not later than 30
				days after certification, each such retailer to report to the Administration on
				their employee training or consumer information plans regarding the transition
				from analog to digital television that is to occur on February 17, 2009.
						(e)Report of other
				Federal agencies
						(1)In
				generalNot later than 90 days after the date of enactment of
				this section, the head of each Federal agency that oversees a low-income
				assistance program, as determined by the Federal interagency taskforce, and
				including the Supplemental Security Income Program, the Low-Income Home Energy
				Assistance Program, shall report to the Commission on how such agency or
				program will work with the Federal interagency taskforce established under
				section 342 to ensure coordinated efforts are made to disseminate consumer
				education materials developed under such section on the transition from analog
				to digital television to eligible program participants.
						(2)Required
				contentThe report required under paragraph (1) should affirm
				each Federal agency's commitment to assist with the nationwide transition from
				analog to digital television.
						(f)Definition of
				older individualFor purposes of this section, the term
				older individual means an individual who is 50 years of age or
				older.
					.
		4.Provisions
			 relating to forfeitures
			(a)In
			 generalSection 503(b) of the
			 Communications Act of 1934 (47 U.S.C. 503(b)) is amended by
			 adding at the end the following:

					(7)Beginning on the
				date of enactment of this paragraph and ending on February 17, 2009, the amount
				of any forfeiture penalty determined, imposed, or otherwise assessed by the
				Commission, and payable into the Treasury of the United States, for violations
				of the point of sale disclosure requirements for analog-only television
				equipment as described in the Second Periodic Review of the Commission’s Rules
				and Policies Affecting the Conversion To Digital Television (MB Docket No.
				03–15; RM–9832; adopted April 25, 2007) during such period shall be transferred
				to the accounts of the Federal interagency taskforce established pursuant to
				section
				342.
					.
			(b)Future
			 rulemakings related to digital television transitionThe Federal
			 Communications Commission shall in any future rulemaking related to the
			 nationwide transition from analog to digital television that is to occur on
			 February 17, 2009, ensure that any proposed forfeiture penalty for violation of
			 such rule is transferred to the accounts of the Federal interagency taskforce
			 established pursuant to section 343 of the Communications Act of 1934 (as added
			 under section 3 of this Act).
			5.Digital
			 television transition public education outreach and installation assistance
			 grants program
			(a)Program
			 authorized
				(1)GrantsThe
			 Federal Communications Commission shall award grants, on a competitive basis,
			 to eligible entities to—
					(A)provide public
			 education outreach about the digital television transition taking place on
			 February 17, 2009 to vulnerable populations particularly at risk for losing
			 television reception as a result of the digital television transition;
			 and
					(B)provide assistance
			 with the purchasing and installation of digital-to-analog converter boxes to
			 vulnerable populations particularly at risk for losing television reception as
			 a result of the digital television transition.
					(2)Grant
			 periodsThe Commission shall award grants under this section for
			 a period of up to 3 years.
				(b)Application
				(1)In
			 generalTo be eligible to receive a grant under this section, an
			 entity shall submit an application to the Commission at such time, in such
			 manner, and containing such information as the Commission may require.
				(2)ActionThe
			 Commission shall take such action necessary to award grants not later than 90
			 days after the date of enactment of this section.
				(c)PreferenceThe
			 Commission shall give priority in awarding grants under this section to an
			 entity that—
				(1)will provide
			 public education outreach and installation assistance to older individuals and
			 other vulnerable populations (with particular attention to individuals with
			 disabilities, individuals with limited English proficiency, individuals
			 residing in rural areas, minorities, and low-income communities);
				(2)has demonstrated
			 experience in providing outreach and assistance to older individuals and other
			 vulnerable populations; and
				(3)can demonstrate
			 the ability and commitment to identifying, after February 17, 2009, the date of
			 the transition, those households that may have lost television reception and
			 can aid in reinstating television reception for such households.
				(d)PartnershipsIn
			 awarding grants under this section, the Commission may encourage applicants to
			 enter into a partnership with 1 or more private entities who may assist with
			 training or providing donated technologies including digital televisions or
			 digital-to-analog converter boxes.
			(e)Use of
			 funds
				(1)In
			 generalAn eligible entity shall use funds made available under a
			 grant awarded under this section to—
					(A)carry out a
			 project described in subsection (a); and
					(B)evaluate the
			 project in accordance with subsection (h).
					(2)Relationship to
			 other funding sourcesFunds made available under this section
			 shall supplement, and not supplant, any Federal, State, and local funds
			 expended by a State or unit of general purpose local government to provide the
			 services described in subsection (a).
				(f)Eligible
			 entitiesAn entity eligible to receive a grant under subsection
			 (a) shall be—
				(1)a
			 nonprofit organization, an area agency on aging or other local government
			 agency, a State unit on aging or other State government agency, and a tribal
			 government or organization (including a consortium thereof) that—
					(A)has the ability to
			 conduct the coordination, promotion, and facilitation described in subsection
			 (a); and
					(B)has experience
			 providing outreach and assistance targeted at older individuals and other
			 vulnerable populations (with particular attention to individuals with
			 disabilities, individuals with limited English proficiency, individuals
			 residing in rural areas, minorities, and low-income communities); or
					(2)any other entity
			 not described in paragraph (1) that—
					(A)the Commission
			 determines to be appropriate to carry out a project under subsection (a);
			 and
					(B)demonstrates
			 experience conducting public education outreach campaigns and providing
			 assistance targeted at older individuals and other vulnerable
			 populations.
					(g)Competitive
			 grants for technical assistanceThe Commission may make a grant,
			 on a competitive basis, to an eligible nonprofit organization, to enable the
			 organization to—
				(1)provide technical
			 assistance to recipients of grants under subsection (a); and
				(2)carry out other
			 duties, as determined by the Commission.
				(h)Local evaluation
			 and report
				(1)EvaluationEach
			 entity or consortium thereof receiving a grant under subsection (a) to carry
			 out a project described in subsection (a) shall evaluate the outreach and
			 assistance carried out under the project to determine—
					(A)the effectiveness
			 of the outreach and assistance involved; and
					(B)the impact of such
			 outreach and assistance on the community being served and the organization
			 providing the outreach and assistance.
					(2)ReportThe
			 organization shall submit a report to the Commission containing the evaluation
			 not later than 3 months after the expiration of the period for which the grant
			 is in effect.
				(i)Annual report to
			 CongressNot later than 60 days after the close of fiscal year
			 2008 and fiscal year 2009, the Commission shall prepare and submit a full and
			 complete report to Congress on the activities carried out under this section
			 which shall—
				(1)summarize the
			 distribution of funds authorized for grants under this section and the
			 expenditure of such funds;
				(2)summarize the
			 scope and content of the public education outreach campaigns and assistance
			 carried out under this section; and
				(3)make
			 recommendations for legislative or administrative action, as the Commission
			 determines appropriate.
				(j)Final report to
			 CongressNot later than 60 days after the close of fiscal year
			 2010 the Commission shall prepare and submit a full and complete report to
			 Congress on the activities carried out under this section which shall—
				(1)summarize the
			 distribution of funds authorized for grants under this section and the
			 expenditure of such funds;
				(2)summarize the
			 scope and content of the public education outreach campaigns and assistance
			 carried out under this section;
				(3)summarize findings
			 from the reports containing the evaluations from subsection (h)(2); and
				(4)make
			 recommendations for legislative or administrative action, as the Commission
			 determines appropriate.
				(k)Authorization of
			 appropriationsThere are authorized to be appropriated such sums
			 as necessary to carry out this section for fiscal years 2008, 2009, and
			 2010.
			6.Modification of
			 the digital-to-analog converter box programSection 3005(c) of the Digital Television
			 Transition and Public Safety Act of 2005 (Public Law 109–171; 120 Stat. 23) is
			 amended—
			(1)by amending
			 paragraph (1) to read as follows:

					(1)Applications
						(A)Procurement of
				coupons
							(i)Submission of
				applicationNot later than December 31, 2007, the Assistant
				Secretary shall by regulation develop and produce a standard application that
				each household shall submit to the Assistant Secretary between January 1, 2008,
				and March 31, 2009, inclusive, in order to obtain a coupon that can be applied
				toward the purchase of a digital-to-analog converter box.
							(ii)Requirement for
				applicationsThe application developed under clause (i)
				shall—
								(I)be uniform in
				style and form regardless of the medium through which it is available,
				including for printed applications, application available by e-mail, or
				available on the website of the Assistant Secretary or of the Federal
				Communications Commission;
								(II)require each
				household to submit—
									(aa)the
				name, address, phone number, and e-mail address of the applicant;
									(bb)the
				number of coupons that the household seeks to obtain;
									(cc)a
				certification of whether the household receives—
										(AA)only over-the-air
				broadcast programming; or
										(BB)cable or
				satellite service and over-the-air broadcast programming;
										(III)inform
				households about—
									(aa)the
				transition from analog to digital television, including information on
				the—
										(AA)digital-to-analog
				converter box coupon program; and
										(BB)important
				associated deadlines; and
										(bb)the
				various options and alternatives that households may utilize to ensure
				reception of a digital signal, including that if the household—
										(AA)has an analog
				television set and receives only over-the-air broadcast programming that a
				digital-to-analog converter box is required;
										(BB)has a digital
				television set and receives only over-the-air broadcast programming that a
				digital-to-analog converter box is not required; and
										(CC)has either an
				analog or digital television set and receives cable or satellite service that a
				digital-to-analog converter box is not required.
										(iii)Shipping of
				couponsThe Assistant Secretary shall ensure that each household
				that submits an application for a coupon under this subparagraph receives such
				coupon via the United States Postal Service.
							(iv)Duration of
				couponsAll coupons shall expire 4 months after issuance.
							(v)Rule of
				constructionFor purposes of this paragraph, the term
				household shall include residents of nursing homes and assisted
				living facilities.
							;

			(2)by amending
			 paragraph (2) to read as follows:

					(2)Distribution of
				coupons
						(A)Priority
				consideration for OTA households
							(i)In
				generalThe Assistant Secretary shall for the period beginning
				January 1, 2008, and ending March 31, 2009, distribute coupons only to
				households that have certified on their coupon application submitted under
				paragraph (1) that such household receives only over-the-air broadcast
				programming.
							(ii)Cap on
				couponsThe total maximum value of all the coupons distributed
				under clause (i) shall not exceed $990,000,000.
							(B)Other
				households
							(i)In
				generalThe Assistant Secretary shall for the period beginning
				July 1, 2008, or the period beginning on the date that the total maximum value
				established under subparagraph (A)(ii) is reached, whichever is earlier, and
				ending March 31, 2009, distribute coupons to any household that has submitted a
				coupon application under paragraph (1).
							(ii)Cap on
				couponsThe total maximum value of all the coupons distributed
				under clause (i) shall not exceed $510,000,000.
							(C)LimitationThe
				Assistant Secretary shall ensure that—
							(i)no
				household that receives only over-the-air broadcast programming receives more
				than 2 coupons; and
							(ii)no other
				household receives more than 1 coupon.
							(D)Required
				disclosuresThe Assistant Secretary shall include along with any
				coupon distributed pursuant to this subsection a list of—
							(i)certified
				retailers of digital-to-analog converter boxes by zip code and area code,
				including each retailer's phone number and address;
							(ii)at least 2
				national certified retailers or mail order companies and the 1–800 numbers of
				such retailers or companies so that households may order digital-to-analog
				converter boxes over the phone; and
							(iii)digital-to-analog
				converter boxes that are eligible to be purchased with a coupon.
							(E)Prohibition on
				resale of couponsNo person, including any retailer or
				manufacturer, may sell or offer to sell a coupon distributed under this section
				for any monetary
				amount.
						.
			7.Reporting
			 requirements
			(a)Report by the
			 National Telecommunications and Information AdministrationNot
			 later than 90 days after the date of enactment of this Act, and every 90 days
			 thereafter until March 31, 2009, the National Telecommunications and
			 Information Administration shall report to Congress on the following:
				(1)Consumer
			 education effortsThe effectiveness of its outreach efforts to
			 inform the public about the transition from analog to digital television,
			 including a summary of any materials distributed, surveys and focus groups
			 conducted, and any other efforts targeted at high-risk market segments, such as
			 low-income individuals, the elderly, or individuals located in rural
			 communities. The ongoing efforts and coordination of the Administration with
			 industry groups (such as broadcasters, retailers, and manufacturers), other
			 Federal agencies, nonprofit organizations, and community-based
			 organizations.
				(2)Converter box
			 manufacturingWith respect to the digital-to-analog converter box
			 program required under section 3005 of the Digital Television Transition and
			 Public Safety Act of 2005 (Public Law 109–171; 120 Stat.
			 23):
					(A)The participation
			 level of manufacturers in such program.
					(B)The number of
			 digital-to-analog converter box models manufactured pursuant to such
			 program.
					(C)The number of
			 digital-to-analog converter boxes shipped in the prior 90 days.
					(D)The performance
			 testing results of each digital-to-analog converter box model manufactured
			 pursuant to such program.
					(E)The number of
			 digital-to-analog converter boxes in the marketplace that are—
						(i)compliant with the
			 requirements under such program; and
						(ii)noncompliant with
			 the requirements under such program.
						(3)Converter box
			 retailingWith respect to retailers:
					(A)The compliance
			 rates of retailers with the labeling requirements under section 344(c) of the
			 Communications Act of 1934.
					(B)The supply levels
			 of retailers of digital-to-analog converter boxes, such levels shall be
			 categorized on a—
						(i)State by State
			 level; and
						(ii)regional
			 level.
						(C)The price charged
			 by such retailers for digital-to-analog converter boxes, and the sales efforts
			 of such retailers with respect to such boxes.
					(D)The efforts of
			 retailers on training and educating their sales force regarding the transition
			 from analog to digital television.
					(4)Coupon
			 AdministrationWith respect to the digital-to-analog converter
			 box coupon program established under section 3005(c) of the Digital Television
			 Transition and Public Safety Act of 2005 (Public Law 109–171; 120 Stat.
			 23):
					(A)The number of
			 coupons issued, categorized nationally, by State, and by 5 digit zip
			 code.
					(B)The number of
			 coupons redeemed by households, categorized nationally, by State, and by 5
			 digit zip code.
					(C)The efforts of the
			 Administration and the Assistant Secretary of Communications and Information to
			 inform retailers about the coupon program and the process needed to redeem
			 coupons, categorized by 5 digit zip code.
					(D)The number of
			 households that have an analog television set and receive only over-the-air
			 broadcast programming and that have submitted an application for a coupon,
			 categorized nationally, by State, and by 5 digit zip code.
					(E)The number of
			 households that have a digital television set and receive only over-the-air
			 broadcast programming and that have submitted an application for a coupon,
			 categorized nationally, by State, and by 5 digit zip code.
					(F)The number of
			 households that have either an analog or digital television set and receive
			 cable or satellite service and that have submitted an application for a coupon,
			 categorized nationally, by State, and by 5 digit zip code.
					(G)The efforts of the
			 Administration to utilize the household demographics collected under
			 subparagraphs (D), (E), and (F) to determine an appropriate strategy for the
			 distribution of print applications for coupons, such as distribution at
			 post-offices, departments of motor vehicles, and community centers.
					(H)The average time
			 of redemption of a coupon, measured from the date of issuance of the coupon to
			 a household to the date of redemption of that coupon at a certified retailer of
			 digital-to-analog converter boxes.
					(I)The top 10
			 retailers, by volume, where coupons are redeemed.
					(J)The results of
			 quarterly surveys conducted between January 1, 2008 and March 31, 2009, on
			 consumer satisfaction with the coupon program, including results related to
			 ease of redemption, availability of digital-to-analog converter box, and the
			 certified retailer’s knowledge of the impending transition from analog to
			 digital television.
					(b)Report by the
			 FCCNot later than 90 days after the date of enactment of this
			 Act, and every 90 days thereafter until March 31, 2009, the Federal
			 Communications Commission shall report to Congress on—
				(1)the effectiveness
			 of its outreach efforts to inform the public about the transition from analog
			 to digital television, including a summary of any materials distributed,
			 surveys and focus groups conducted, and any other efforts targeted at high-risk
			 market segments, such as low-income individuals, the elderly, or individuals
			 located in rural communities;
				(2)the ongoing efforts
			 and coordination of the Commission with industry groups (such as broadcasters,
			 retailers, and manufacturers), other Federal agencies, States, nonprofit
			 organizations, and community-based organizations; and
				(3)the ongoing
			 efforts of the Commission to—
					(A)prevent fraud and
			 abuse with respect to the transition from analog to digital television;
					(B)educate high-risk
			 market segments, such as low-income individuals, the elderly, or individuals
			 located in rural communities, on how to—
						(i)avoid potential
			 fraudulent schemes related to the digital television transition; and
						(ii)identify
			 occurrences of fraud;
						(C)prosecute those
			 individuals accused of participating in fraudulent schemes related to the
			 digital television transition; and
					(D)monitor the
			 compliance of retailers and manufacturers with the labeling requirements under
			 section 344(c) of the Communications Act of 1934.
					(c)Authorization of
			 appropriationsThere are authorized to be appropriated to the
			 National Telecommunications and Information Administration and the Federal
			 Communications Commission such sums as are necessary to carry out the
			 provisions of this section.


110 HR 4082 IH: Long-term Care Quality and Modernization Act of

U.S. House of Representatives
2007-11-06
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
		110th CONGRESS
		1st Session
		H. R. 4082
		IN THE HOUSE OF REPRESENTATIVES

			November 6, 2007
			Mr. Pomeroy (for
			 himself, Mrs. Capito, and
			 Mr. Allen) 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 improve the quality of, and access to, long-term
		  care.

		1.Short title; table of
			 contents
			(a)Short
			 titleThis Act may be cited as the Long-term Care Quality and Modernization Act of
			 2007.
			(b)Table of
			 contentsThe table of contents of this Act is as follows:

					Sec. 1. Short title; table of contents.
					Title I—Medicare and Medicaid Modernization
					Sec. 101. Demonstration program for joint training of surveyors
				and providers in nursing facilities.
					Sec. 102. Resumption of nurse aide training program after
				correction of deficiencies.
					Sec. 103. Authority to exclude high cost and low probability
				drugs used in the treatment of cancer from the Medicare prospective payment
				system for skilled nursing facilities.
					Sec. 104. Exclusion of all ambulance services from the Medicare
				prospective payment system for skilled nursing facilities.
					Sec. 105. Authority to exclude additional items and services
				from the Medicare prospective payment system for skilled nursing
				facilities.
					Sec. 106. Payment for blood glucose tests administered as part
				of a physician, nurse practitioner, or clinical nurse specialist prescribed
				protocol of blood glucose monitoring.
					Sec. 107. Counting of observation days for purposes of applying
				the Medicare post-hospital requirement for coverage of skilled nursing facility
				care.
					Sec. 108. Payment for therapy services.
					Sec. 109. Expansion of telehealth services to skilled nursing
				facilities.
					Sec. 110. Physical therapy grant program.
					Sec. 111. Long-Term Care Quality Advisory Commission and
				demonstration projects.
					Title II—Workforce Support
					Sec. 201. Nursing loan repayment program.
					Sec. 202. National nursing database.
					Sec. 203. Reports on nursing levels.
					Title III—Tax Incentives
					Sec. 301. 15-year recovery period for qualified long-term care
				improvement property.

			IMedicare and
			 Medicaid Modernization
			101.Demonstration
			 program for joint training of surveyors and providers in nursing
			 facilities
				(a)In
			 generalThe Secretary of Health and Human Services (in this
			 section referred to as the Secretary) shall conduct a
			 demonstration program under which the Secretary, under sections 1819(e) and
			 1919(e) of the Social Security Act (42 U.S.C. 1395i–3(e), 1396r(e)), shall
			 require a State to establish a process for joint training and education of
			 surveyors and providers for skilled nursing facilities and nursing facilities
			 at least annually and periodically as changes to regulations, guidelines, and
			 policy governing nursing facility operations are implemented and used in
			 surveys of participating facilities.
				(b)Demonstration
			 StatesThe demonstration
			 program under this section shall be conducted in 5 States. In selecting the
			 States in which to conduct the demonstration program, the Secretary shall
			 ensure that the States vary in geographic location and include States with high
			 levels of deficiencies as well as States with low levels of
			 deficiencies.
				(c)DurationThe
			 Secretary shall conduct the demonstration program under this section for a
			 2-year period.
				(d)Waiver
			 authorityThe Secretary may waiver such requirements of titles
			 XI, XVIII, and XIX of the Social Security Act as may be necessary for purposes
			 of carrying out the demonstration program under this section.
				(e)Report
					(1)In
			 generalNot later than 6 months after the completion of the
			 demonstration program under this section, the Secretary shall submit a report
			 to Congress on the project.
					(2)RequirementsThe
			 report submitted under paragraph (1) shall include—
						(A)the results of the
			 demonstration program as they relate to the rate and type of deficiencies in
			 skilled nursing facilities and nursing facilities in the States selected under
			 subsection (b) compared to those States not so selected;
						(B)an evaluation of
			 added efficiencies or deficiencies in care for patients in skilled nursing
			 facilities and nursing facilities that directly resulted from the demonstration
			 program; and
						(C)recommendations for
			 such legislation and administrative action as the Secretary determines
			 appropriate.
						The results
			 and evaluation under subparagraphs (A) and (B) shall include an examination of
			 the current baseline.102.Resumption of
			 nurse aide training program after correction of deficiencies
				(a)Resumption of
			 nurse aide training program for skilled nursing
			 facilitiesSection 1819(f)(2) of the Social Security Act (42
			 U.S.C. 1395i–3(f)(2)) is amended—
					(1)in subparagraph
			 (B)(iii), in the matter preceding subclause (I), by striking (C) and
			 (D) and inserting (C), (D), and (E); and
					(2)by adding at the
			 end the following new subparagraph:

							(E)Resumption of
				nurse aide training program after correction of
				deficienciesClause (iii)(I) of subparagraph (B) shall not apply
				to a program offered by or in a skilled nursing facility if the facility
				has—
								(i)corrected any
				deficiencies that resulted in the prohibition of approval of such program;
				and
								(ii)demonstrated
				compliance with the requirements of subsections (b), (c), and (d) of this
				section.
								.
					(b)Resumption of
			 nurse aide training program for nursing facilitiesSection
			 1919(f)(2) of the Social Security Act (42 U.S.C. 1396r(f)(2)) is
			 amended—
					(1)in subparagraph
			 (B)(iii), in the matter preceding subclause (I), by striking (C) and
			 (D) and inserting (C), (D), and (E); and
					(2)by adding at the
			 end the following new subparagraph:

							(E)Resumption of
				nurse aide training program after correction of
				deficienciesClause (iii)(I) of subparagraph (B) shall not apply
				to a program offered by or in a nursing facility if the facility has—
								(i)corrected any
				deficiencies that resulted in the prohibition of approval of such program;
				and
								(ii)demonstrated
				compliance with the requirements of subsections (b), (c), and (d) of this
				section.
								.
					(c)Effective
			 dateThe amendments made by this section shall take effect on
			 January 1, 2008.
				103.Authority to
			 exclude high cost and low probability drugs used in the treatment of cancer
			 from the Medicare prospective payment system for skilled nursing
			 facilities
				(a)In
			 generalSection 1888(e)(2)(A)(iii) of the
			 Social Security Act (42 U.S.C.
			 1395yy(e)(2)(A)(iii)) is amended—
					(1)by redesignating
			 subclauses (IV) and (V) as subclauses (V) and (VI), respectively; and
					(2)by
			 inserting after subclause (III) the following new subclause:

							(IV)Any drugs (not
				otherwise described in subclause (II)) used in the treatment of cancer,
				including antineoplastic drugs, antiemetics, and supportive medications, that
				the Secretary determines to be
				appropriate.
							.
					(b)Effective
			 dateThe amendments made by subsection (a) shall apply to drugs
			 furnished on or after October 1, 2008.
				104.Exclusion of
			 all ambulance services from the Medicare prospective payment system for skilled
			 nursing facilities
				(a)In
			 generalSection 1888(e)(2)(A)(iii)(I) of the
			 Social Security Act (42 U.S.C.
			 1395yy(e)(2)(A)(iii)(I)) is amended by striking furnished to and
			 all that follows before the period.
				(b)Effective
			 dateThe amendment made by subsection (a) shall apply to services
			 furnished on or after October 1, 2008.
				105.Authority to
			 exclude additional items and services from the Medicare prospective payment
			 system for skilled nursing facilities
				(a)AuthoritySection
			 1888(e)(2)(A) of the Social Security
			 Act (42 U.S.C. 1395yy(e)(2)(A)) is amended—
					(1)in clause (i)(II),
			 by striking and (iv) and inserting (iv), and
			 (v)(I); and
					(2)by adding at the
			 end the following new clause:

							(v)Exclusion of
				additional items and services determined appropriate by the Secretary
								(I)In
				generalItems and services described in this clause are any items
				and services not otherwise described in clauses (ii), (iii), or (iv), that the
				Secretary determines to be appropriate.
								(II)Annual
				updateThe Secretary shall annually update the items and services
				described in subclause (I) to take into account changes in the practice of
				medicine.
								.
					(b)ClarificationItems
			 and services described in section 1888(e)(2)(A)(v)(I) of the
			 Social Security Act (42 U.S.C.
			 1395yy(e)(2)(A)(v)(I)), as added by subsection (a), may include items and
			 services furnished in a freestanding clinic to an individual who is a resident
			 of a skilled nursing facility.
				(c)Effective
			 dateThe amendment made by subsection (a) shall take effect on
			 October 1, 2008.
				106.Payment for
			 blood glucose tests administered as part of a physician, nurse practitioner, or
			 clinical nurse specialist prescribed protocol of blood glucose
			 monitoringSection 1835(a) of
			 the Social Security Act (42 U.S.C. 1395n(a)) is amended—
				(1)in paragraph (2),
			 in the matter preceding subparagraph (A), by inserting , or, as provided
			 in the last 2 sentences of this subsection with respect to blood glucose tests,
			 a physician, a nurse practitioner, or a clinical nurse specialist,
			 after physician; and
				(2)by adding at the end the following new
			 sentences: “With respect to paragraph (2)(B), a physician, or a nurse
			 practitioner or a clinical nurse specialist in accordance with State law, may
			 certify that a prescribed series of blood glucose tests, furnished over a
			 specified and limited period of time to monitor an individual’s blood glucose
			 levels, are medically required. For purposes of the preceding sentence, neither
			 a physician’s, a nurse practitioner's, or a clinical nurse specialist's order
			 for a prescribed series of blood glucose tests nor a physician’s, a nurse
			 practitioner's, or a clinical nurse specialist's certification that such tests
			 are medically required constitutes a standing order.”.
				107.Counting of
			 observation days for purposes of applying the Medicare post-hospital
			 requirement for coverage of skilled nursing facility care
				(a)In
			 generalSection 1861(i) of the Social Security Act (42 U.S.C.
			 1395x(i)) is amended by adding at the end the following: For purposes of
			 this subsection, an individual shall be treated as an inpatient of a hospital
			 for a day if the individual is staying as an inpatient in the hospital
			 overnight for observation for that day..
				(b)Effective
			 dateThe amendment made by subsection (a) shall apply to
			 observation days occurring on or after the first day of the month beginning
			 more than 60 days after the date of the enactment of this Act.
				108.Payment for
			 therapy services
				(a)Extension of
			 exceptions process for medicare therapy capsSection 1833(g)(5)
			 of the Social Security Act (42 U.S.C. 1395l(g)(5)), as amended by section 201
			 of the Medicare Improvements and Extension Act of 2006 (division B of Public
			 Law 109–432), is amended by striking 2007 and inserting
			 2009.
				(b)Study and
			 report
					(1)StudyThe Secretary of Health and Human Services,
			 in consultation with appropriate stakeholders, including the national
			 professional associations representing long-term care providers and each
			 therapy discipline (including physical therapy, speech-language pathology, and
			 occupational therapy), shall conduct a study or studies to develop utilization
			 management alternatives to the Medicare payment cap under section 1833(g) of
			 the Social Security Act (42 U.S.C. 1395l(g)) for physical therapy services and
			 speech-language pathology services, described in paragraph (1) of such section
			 and occupational therapy services described in paragraph (3) of such
			 section.
					(2)ConsiderationsSuch study or studies shall—
						(A)identify, test,
			 and utilize standardized patient assessment instruments that can collect
			 general and discipline-specific data elements, including rehabilitation
			 diagnosis, age, illness, caregiver support, setting, co-morbidities, and
			 functional status;
						(B)assure that assessment instruments are
			 compatible with a uniform electronic health record to collect the data and keep
			 discipline-specific data; and
						(C)utilize such assessment instruments and
			 resulting data to develop a utilization management system that—
							(i)assures
			 appropriate access to medically necessary services;
							(ii)employs the use
			 of practice guidelines,
							(iii)outcomes tracking
			 and other appropriate quality measurement mechanisms;
							(iv)includes, with
			 respect to Medicare reimbursement for outpatient therapy services, the
			 development of the systems described in paragraph (3); and
							(v)applies the
			 extension and the refinement of an exceptions process and other methods of
			 utilization control, such as the creation of multiple payment classifications
			 based on the clinical diagnosis (including comorbidities), setting,
			 rehabilitation potential, functional status and other patient characteristics;
			 and
							(D)include a variety of geographic sites and
			 practice settings, including all settings or facilities in which the therapy
			 disciplines furnish services under part B of the Medicare program.
						(3)SystemsThe systems described in this paragraph are
			 the following:
						(A)A utilization management system based on
			 classifying the individual beneficiary’s need for therapy.
						(B)A prospective payment system, including an
			 episode-based utilization management system, for services described in
			 paragraph (1).
						(4)ReportNot
			 later than January 1, 2009, the Secretary shall submit to Congress a report on
			 the study conducted under paragraph (1).
					109.Expansion of
			 telehealth services to skilled nursing facilities
				(a)In
			 generalSection
			 1834(m)(4)(C)(ii) of the Social Security Act (42 U.S.C. 1395m(m)(4)(C)(ii)) is
			 amended by adding at the end the following new subclause:

						(IV)A skilled nursing facility (as defined in
				section
				1819(a)).
						.
				(b)Effective
			 dateThe amendment made by subsection (a) shall apply to
			 telehealth services furnished on or after January 1, 2009.
				110.Physical
			 therapy grant programSubpart
			 2 of part E of title VII of the Public Health Service Act (42 U.S.C. 295 et
			 seq.) is amended by inserting after section 769, the following:

					769A.Physical
				therapy
						(a)In
				generalThe Secretary may
				make grants to, and enter into contracts with, programs of physical therapy for
				the purpose of planning and implementing projects to recruit and retain faculty
				and students, develop curriculum, support the distribution of physical therapy
				practitioners in underserved areas, or support the continuing development of
				these professions.
						(b)Preference in
				Making GrantsIn making
				grants under subsection (a), the Secretary shall give preference to qualified
				applicants that seek to educate physical therapists in rural or urban medically
				underserved communities, or to expand post-professional programs for the
				advanced education of physical therapist practitioners.
						(c)Peer
				reviewEach peer review group
				under section 799(f) that is reviewing proposals for grants or contracts under
				subsection (a) shall include not fewer than 2 physical therapists.
						(d)Report to
				Congress
							(1)In
				generalThe Secretary shall
				prepare a report that—
								(A)summarizes the
				applications submitted to the Secretary for grants or contracts under
				subsection (a);
								(B)specifies the
				identity of entities receiving the grants or contracts; and
								(C)evaluates the
				effectiveness of the program based upon the objectives established by the
				entities receiving the grants or contracts.
								(2)Date certain for
				submissionNot later than
				February 1, 2009, the Secretary shall submit the report prepared under
				paragraph (1) to the Committee on Energy and Commerce and the Committee on
				Appropriations of the House of Representatives, the Committee on Health,
				Education, Labor, and Pensions and the Committee on Appropriations of the
				Senate.
							.
			111.Long-Term Care
			 Quality Advisory Commission and demonstration projects
				(a)Long-Term Care
			 Quality Advisory Commission
					(1)EstablishmentNot
			 later than 6 months after the date of the enactment of this section, the
			 Secretary of Health and Human Services (in this section referred to as the
			 Secretary) shall establish a commission to be known as the Long
			 Term Care Quality Advisory Commission (in this section referred to as the
			 Commission).
					(2)Duties of
			 commission
						(A)National
			 planThe Commission shall develop, coordinate, and facilitate
			 implementation of a national plan for long-term care quality improvement. The
			 national plan shall—
							(i)identify
			 objectives for long-term care quality improvement;
							(ii)identify
			 strategies to eliminate known gaps in long-term care health system capacity and
			 improve long-term care quality; and
							(iii)provide for
			 Federal programs to identify opportunities for strengthening and aligning
			 policies and programs to improve long-term care quality.
							(B)Demonstration
			 projectsThe Commission shall design demonstration projects to
			 test alternative models for long-term care quality improvement, including with
			 respect to both personal and population health.
						(C)MonitoringThe
			 Commission shall monitor progress toward the objectives identified pursuant to
			 paragraph (1)(A).
						(3)Membership
						(A)NumberThe
			 Commission shall be composed of 11 members appointed by the Secretary.
						(B)SelectionThe
			 Secretary shall select the members of the Commission from among individuals
			 with significant long-term care and health care quality expertise, including
			 expertise in clinical health care, health care quality research, population or
			 public health, rehabilitation care, or consumer organizations.
						(4)Contracting
			 authoritySubject to the availability of funds, the Commission
			 may enter into contracts and make other arrangements, as may be necessary to
			 carry out the duties described in paragraph (2).
					(5)StaffUpon
			 the request of the Commission, the Secretary may detail, on a reimbursable
			 basis, any of the personnel of the Administration on Aging, the Agency for
			 Health Care Quality and Research, or the Centers for Medicare & Medicaid
			 Services to the Commission to assist in carrying out this subsection.
					(6)Reports to
			 congressNot later than 1 year after the establishment of the
			 Commission, and annually thereafter, the Commission shall submit a report to
			 the Congress on long-term care quality. Each such report shall include the
			 following:
						(A)An inventory of
			 relevant programs and recommendations for improved coordination and integration
			 of policy and programs.
						(B)An assessment of
			 achievement of the objectives identified in the national plan developed under
			 paragraph (2) and recommendations for realizing such objectives.
						(C)Recommendations on
			 Federal legislation, regulations, or administrative policies to enhance
			 long-term care quality and outcomes.
						(b)Long-Term Care
			 Quality Demonstration Projects
					(1)In
			 generalNot later than 270 days after the date of the enactment
			 of this Act, the Secretary, in consultation with the Administration on Aging,
			 the Agency for Healthcare Research and Quality, and the Centers for Medicare
			 & Medicaid Services, shall make grants to eligible entities for 5
			 demonstration projects to implement and evaluate methods for improving the
			 quality of health care in long-term care settings. Each such demonstration
			 project shall include—
						(A)alternative
			 community models that—
							(i)will
			 achieve greater integration of personal and population health services;
			 and
							(ii)address safety,
			 effectiveness, patient- or community-centeredness, timeliness, efficiency, and
			 equity (the six aims identified by the Institute of Medicine of the National
			 Academies in its report entitled Crossing the Quality Chasm: A New
			 Health System for the 21st Century released on March 1, 2001);
							(B)innovative
			 approaches to the financing and delivery of health services to achieve
			 long-term care quality goals; and
						(C)development of
			 quality improvement support structures to assist long-term care systems and
			 professionals (such as workforce support structures, quality monitoring and
			 reporting, clinical care protocols, and information technology
			 applications).
						(2)Eligible
			 entitiesIn this subsection, the term eligible
			 entity means a consortium that—
						(A)shall
			 include—
							(i)at
			 least one health care provider or health care delivery system; and
							(ii)at
			 least one organization representing multiple community stakeholders; and
							(3)ConsultationIn
			 developing the program for awarding grants under this subsection, the Secretary
			 shall consult with the Administrator of the Agency for Healthcare Research and
			 Quality, long-term care providers, long-term care researchers, and private and
			 non-profit groups (including national associations) which are undertaking
			 similar efforts.
					(4)Expedited
			 waiversThe Secretary shall expedite the processing of any waiver
			 that—
						(A)is authorized under
			 title XVIII or XIX of the Social Security Act (42 U.S.C. 1395 et seq.);
			 and
						(B)is necessary to
			 carry out a demonstration project under this subsection.
						(5)Demonstration
			 project sitesThe Secretary shall ensure that the 5 demonstration
			 projects funded under this subsection are conducted at a variety of sites
			 representing the diversity of geographic locations in the Nation.
					(6)DurationEach
			 demonstration project under this subsection shall be for a period of 4
			 years.
					(7)Independent
			 evaluationThe Secretary shall enter into an arrangement with an
			 entity that has experience working directly with long-term care systems for the
			 conduct of an independent evaluation of the program carried out under this
			 subsection.
					(8)ReportNot
			 later than one year after the conclusion of all of the demonstration projects
			 funded under this subsection, the Secretary shall submit a report to the
			 Congress on the results of such projects. The report shall include—
						(A)an evaluation of
			 patient access to care, patient outcomes, and an analysis of the cost
			 effectiveness of each such project; and
						(B)recommendations on
			 Federal legislation, regulations, or administrative policies to enhance
			 long-term care quality and outcomes.
						(c)AppropriationFor the purpose of carrying out this
			 section, there is authorized to be appropriated such sums as may be
			 necessary.
				IIWorkforce
			 Support
			201.Nursing loan
			 repayment programSection
			 846(a) of the Public Health Service Act (42 U.S.C. 297n(a)) is amended by
			 striking the last sentence.
			202.National
			 nursing database
				(a)In
			 generalThe Secretary of Health and Human Services shall provide
			 for the establishment of a national nursing database (including geriatric
			 nursing) to be used to predict future nursing shortages.
				(b)Information in
			 databaseThe database established under subsection (a) shall be
			 designed to include nursing workforce data across all healthcare provider
			 settings, including nursing educators, as determined by the Secretary of Health
			 and Human Services to be appropriate for use in the analysis of trends in the
			 supply and demand of nurses and to create an educational model to predict
			 future nursing workforce needs.
				(c)FundingThe
			 Secretary of Health and Human Services may transfer, from amounts appropriated
			 for the National Center for Health Workforce Analysis, such sums as may be
			 necessary to carry out this section.
				203.Reports on
			 nursing levelsSection 806 of
			 the Public Health Service Act (42 U.S.C. 296e) is amended by adding at the end
			 the following:

					(i)Reports
				concerning nursing levels
						(1)In
				generalThe entities described in paragraph (2) shall annually
				submit to the Secretary a report concerning how assistance under this title is
				being used by such entities to increase the number of nurses, nursing
				educators, and nurse education enrollment slots (including with respect to
				geriatric nursing).
						(2)Entities
				describedAn entity is described in this paragraph if such entity
				is—
							(A)an entity that
				receives a grant or contract under this title;
							(B)a school of
				nursing that receives student loan funds under this title;
							(C)a school of
				nursing that receives nurse faculty student loan funds under this title;
				and
							(D)any other entity
				that receives assistance under this
				title.
							.
			IIITax
			 Incentives
			301.15-year
			 recovery period for qualified long-term care improvement property
				(a)In
			 generalSubparagraph (E) of section 168(e)(3) of the Internal
			 Revenue Code of 1986 (relating to 15-year property) is amended by striking
			 and at the end of clause (vii), by striking the period at the
			 end of clause (viii) and inserting , and, and by adding at the
			 end the following new clause:

						(ix)any qualified
				long-term care improvement
				property.
						.
				(b)Qualified
			 long-term care improvement propertySection 168(e) of the
			 Internal Revenue Code of 1986 (relating to classification of property) is
			 amended by adding at the end the following new paragraph:

						(8)Qualified
				long-term care improvement propertyThe term qualified
				long-term care improvement property means any section 1250 property
				which is an improvement to a building if—
							(A)such improvement
				is placed in service more than 3 years after the date such building was first
				placed in service, and
							(B)such building is,
				or is a part of, a nursing facility, residential care facility, intermediate
				care facility for the mentally retarded, or similar facility designed to
				provide housing and healthcare for the elderly and
				disabled.
							.
				(c)Effective
			 dateThe amendments made by this section shall apply to property
			 placed in service after the date of the enactment of this Act.


117 HR 1028 IH: Religious Insignia on Dog Tags Act
U.S. House of Representatives
2021-02-11
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.

I117th CONGRESS1st SessionH. R. 1028IN THE HOUSE OF REPRESENTATIVESFebruary 11, 2021Mr. Steube (for himself, Mr. Waltz, Mr. Gohmert, and Mr. Gaetz) introduced the following bill; which was referred to the Committee on Armed ServicesA BILLTo direct the Secretary of Defense to revise and update the Department of Defense regulations to allow trademarks owned or controlled by the Department of Defense to be combined with religious insignia on commercial identification tags (commonly known as dog tags) and to be sold by lawful trademark licensees, and for other purposes.1.Short titleThis Act may be cited as the Religious Insignia on Dog Tags Act.2.Religious insignia on commercial identification tags(a)In generalNot later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall review and update Department of Defense Directive 5535.12 and any associated regulations to allow trademarks owned or controlled by the Department of Defense to be combined with religious insignia on commercial identification tags (commonly known as dog tags) and to be sold by lawful trademark licensees.(b)Retroactive effective dateThe update to the Directive under subsection (a) shall be deemed to have taken effect on September 13, 2013.


113 HR 1964 RH: National Petroleum Reserve Alaska Access Act
U.S. House of Representatives
2013-09-10
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.

IBUnion Calendar No. 144113th CONGRESS1st SessionH. R. 1964[Report No. 113–197]IN THE HOUSE OF REPRESENTATIVESMay 14, 2013Mr. Hastings of Washington (for himself and Mr. Young of Alaska) introduced the following bill; which was referred to the Committee on Natural ResourcesSeptember 10, 2013Committed to the Committee of the Whole House on the State of the Union and ordered to be printedA BILLTo amend the Naval Petroleum Reserves Production Act of 1976 to direct the Secretary of the Interior to conduct an expeditious program of competitive leasing of oil and gas in the National Petroleum Reserve in Alaska, including at least one lease sale in the Reserve each year in the period 2013 through 2023, and for other purposes.1.Short titleThis bill shall be called the National Petroleum Reserve Alaska Access Act.2.Sense of Congress and reaffirming national policy for the National Petroleum Reserve in AlaskaIt is the sense of Congress that—(1)the National Petroleum Reserve in Alaska remains explicitly designated, both in name and legal status, for purposes of providing oil and natural gas resources to the United States; and(2)accordingly, the national policy is to actively advance oil and gas development within the Reserve by facilitating the expeditious exploration, production, and transportation of oil and natural gas from and through the Reserve.3.National Petroleum Reserve in Alaska: lease salesSection 107(a) of the Naval Petroleum Reserves Production Act of 1976 (42 U.S.C. 6506a(a)) is amended to read as follows:(a)In GeneralThe Secretary shall conduct an expeditious program of competitive leasing of oil and gas in the reserve in accordance with this Act. Such program shall include at least one lease sale annually in those areas of the reserve most likely to produce commercial quantities of oil and natural gas each year in the period 2013 through 2023..4.National Petroleum Reserve in Alaska: planning and permitting pipeline and road construction(a)In generalNotwithstanding any other provision of law, the Secretary of the Interior, in consultation with other appropriate Federal agencies, shall facilitate and ensure permits, in a timely and environmentally responsible manner, for all surface development activities, including for the construction of pipelines and roads, necessary to—(1)develop and bring into production any areas within the National Petroleum Reserve in Alaska that are subject to oil and gas leases; and(2)transport oil and gas from and through the National Petroleum Reserve in Alaska in the most direct manner possible to existing transportation or processing infrastructure on the North Slope of Alaska.(b)TimelineThe Secretary shall ensure that any Federal permitting agency shall issue permits in accordance with the following timeline:(1)Permits for such construction for transportation of oil and natural gas produced under existing Federal oil and gas leases with respect to which the Secretary has issued a permit to drill shall be approved within 60 days after the date of enactment of this Act.(2)Permits for such construction for transportation of oil and natural gas produced under Federal oil and gas leases shall be approved within 6 months after the submission to the Secretary of a request for a permit to drill.(c)PlanTo ensure timely future development of the Reserve, within 270 days after the date of the enactment of this Act, the Secretary of the Interior shall submit to Congress a plan for approved rights-of-way for a plan for pipeline, road, and any other surface infrastructure that may be necessary infrastructure that will ensure that all leasable tracts in the Reserve are within 25 miles of an approved road and pipeline right-of-way that can serve future development of the Reserve.5.Issuance of a new integrated activity plan and environmental impact statement(a)Issuance of new integrated activity planThe Secretary of the Interior shall, within 180 days after the date of enactment of this Act, issue—(1)a new proposed integrated activity plan from among the non-adopted alternatives in the National Petroleum Reserve Alaska Integrated Activity Plan Record of Decision issued by the Secretary of the Interior and dated February 21, 2013; and(2)an environmental impact statement under section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) for issuance of oil and gas leases in the National Petroleum Reserve-Alaska to promote efficient and maximum development of oil and natural gas resources of such reserve.(b)Nullification of existing record of decision, IAP, and EISExcept as provided in subsection (a), the National Petroleum Reserve-Alaska Integrated Activity Plan Record of Decision issued by the Secretary of the Interior and dated February 21, 2013, including the integrated activity plan and environmental impact statement referred to in that record of decision, shall have no force or effect.6.Departmental accountability for developmentThe Secretary of the Interior shall issue regulations not later than 180 days after the date of enactment of this Act that establish clear requirements to ensure that the Department of the Interior is supporting development of oil and gas leases in the National Petroleum Reserve-Alaska.7.Deadlines under new proposed integrated activity planAt a minimum, the new proposed integrated activity plan issued under section 5(a)(1) shall—(1)require the Department of the Interior to respond within 5 business days to a person who submits an application for a permit for development of oil and natural gas leases in the National Petroleum Reserve-Alaska acknowledging receipt of such application; and(2)establish a timeline for the processing of each such application, that—(A)specifies deadlines for decisions and actions on permit applications; and(B)provide that the period for issuing each permit after submission of such an application shall not exceed 60 days without the concurrence of the applicant.8.Updated resource assessment(a)In generalThe Secretary of the Interior shall complete a comprehensive assessment of all technically recoverable fossil fuel resources within the National Petroleum Reserve in Alaska, including all conventional and unconventional oil and natural gas.(b)Cooperation and consultationThe resource assessment required by subsection (a) shall be carried out by the United States Geological Survey in cooperation and consultation with the State of Alaska and the American Association of Petroleum Geologists.(c)TimingThe resource assessment required by subsection (a) shall be completed within 24 months of the date of the enactment of this Act.(d)FundingThe United States Geological Survey may, in carrying out the duties under this section, cooperatively use resources and funds provided by the State of Alaska.September 10, 2013Committed to the Committee of the Whole House on the State of the Union and ordered to be printed


116 HR 2048 IH: Consider Teachers Act of 2021
U.S. House of Representatives
2021-03-18
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.

I117th CONGRESS1st SessionH. R. 2048IN THE HOUSE OF REPRESENTATIVESMarch 18, 2021Ms. Norton introduced the following bill; which was referred to the Committee on Education and LaborA BILLTo amend the Higher Education Act of 1965 in order to improve the service obligation verification process for TEACH Grant recipients, and for other purposes.1.Short titleThis Act may be cited as the Consider Teachers Act of 2021.2.Teach grantsSection 420N of the Higher Education Act of 1965 (20 U.S.C. 1070g–2) is amended—(1)in subsection (b)(1)—(A)in subparagraph (A), by inserting (referred to in this section as the service obligation window) after under this subpart;(B)in subparagraph (C)(vii), by inserting or geographic area after field; and(C)by striking subparagraphs (D) and (E) and inserting the following:(D)submit a certification of employment by the chief administrative officer of the school in accordance with subsection (d)(5); and(E)meet all State certification requirements for teaching (which may include meeting such requirements through a certification obtained through alternative routes to teaching);;(2)in subsection (c)—(A)by striking In the event and inserting the following:(1)In generalIn the event; and(B)by adding at the end the following:(2)Reconsideration of conversion decisions(A)Request to reconsiderIn any case where the Secretary has determined that a recipient of a grant under this subpart has failed or refused to comply with the service obligation in the agreement under subsection (b) and has converted the grant into a Federal Direct Unsubsidized Stafford Loan under part D in accordance with paragraph (1), (including a TEACH Grant converted to a loan prior to the date of enactment of the Consider Teachers Act of 2021 and including cases where such loans have been fully or partially paid), the recipient may request that the Secretary reconsider such initial determination and may submit additional information to demonstrate satisfaction of the service obligation. Upon receipt of such a request, the Secretary shall reconsider the determination in accordance with this paragraph not later than 90 days after the date that such request was received.(B)ReconsiderationIf, in reconsidering an initial determination under subparagraph (A) (including reconsideration related to a TEACH Grant that was converted to a loan prior to the date of enactment of the Consider Teachers Act of 2021 and including cases where such loans were fully or partially paid), the Secretary determines that the reason for such determination was the recipient’s failure to timely submit a certification required under subsection (b)(1)(D) (as in effect on the day before the date of enactment of the Consider Teachers Act of 2021), an error or processing delay by the Secretary, a change to the fields considered eligible for fulfillment of the service obligation (as described in subsection (b)(1)(C)), a recipient having previously requested to have the TEACH Grant converted to a loan, or another valid reason determined by the Secretary, and that the recipient has, as of the date of the reconsideration, demonstrated that the recipient did meet, or is meeting the service obligation in the agreement under subsection (b), the Secretary shall—(i)discharge the Federal Direct Unsubsidized Stafford Loan under part D, and reinstate the recipient’s grant under this subpart;(ii)discharge any interest or fees that may have accumulated during the period that the grant was converted to a Federal Direct Unsubsidized Stafford Loan under part D;(iii)if the recipient has other loans under part D, apply any payments made for the Federal Direct Unsubsidized Stafford Loan under part D during such period to those other loans under part D;(iv)if the recipient does not have other loans under part D, reimburse the recipient for any amounts paid on the Federal Direct Unsubsidized Stafford Loan under part D during such period;(v)request that consumer reporting agencies remove any negative credit reporting due to the conversion of the TEACH Grant to a loan; and(vi)use the additional information provided under subparagraph (A) to determine the progress the recipient has made in meeting the service obligation.(C)Extension of time to complete service obligationIn the case of a recipient whose TEACH Grant was reinstated in accordance with subparagraph (B), the Secretary shall, upon such reinstatement—(i)extend the time remaining for the recipient to fulfill the service obligation described in subsection (b)(1) to a period of time equal to—(I)8 years; minus(II)the number of full academic years of teaching that the recipient completed prior to the reconversion of the loan to a TEACH Grant under subparagraph (B), including any years of qualifying teaching completed during the period when the TEACH Grant was in loan status; and(ii)treat any full academic years of teaching described in clause (i)(II) as years that count toward the individual’s service obligation (regardless of whether the TEACH Grant funds were in grant or loan status) if that time otherwise meets the requirements of this section.; and(3)in subsection (d), by adding at the end the following:(3)Communication with recipientsThe Secretary shall notify TEACH grant recipients not less than once per calendar year regarding how to submit the employment certification under subsection (b)(1)(D) and the recommendations and requirements for submitting that certification under subsection (d)(5).(4)Qualifying schools and high-need fieldsThe Secretary shall maintain and annually update a list of qualifying schools as described in subsection (b)(1)(B), and a list of high-need fields as described in subsection (b)(1)(C) and shall make such lists publicly available on the Department’s website in a sortable and searchable format..3.Submission of employment certificationSection 420N(d) of the Higher Education Act of 1965 (20 U.S.C. 1070g–2(d)), as amended by section 2, is further amended by adding at the end the following:(5)Submission of employment certification(A)Recommended submissionsThe Secretary shall notify TEACH Grant recipients that the Department recommends that TEACH Grant recipients submit the employment certification described in subsection (b)(1)(D) as soon as practicable after the completion of each year of service.(B)Required submissionA TEACH Grant recipient shall be required to submit to the Department employment certification within the timeframe that would allow that individual to complete their service obligation before the end of the service obligation window.(C)NotificationThe Secretary shall notify TEACH Grant recipients of the required submission deadlines described in this paragraph.(D)Adjustment of deadlineThe Secretary shall adjust the submission deadline described in subparagraph (B) to account for a service obligation window extension.(E)Alternative to certificationThe Secretary shall provide an alternative to the certification of employment described in subsection (b)(1)(D) for recipients who cannot obtain such required certification of employment from the chief administrative officer of the school because the recipient can demonstrate the school is no longer in existence or the school refuses to cooperate..4.Extension of time to fulfill service obligation due to COVID–19(a)Section 3519(a) of the CARES Act (Public Law 116–136; 20 U.S.C. 1001 note) is amended—(1)in the matter preceding paragraph (1), by striking For the purpose of section 420N of the Higher Education Act of 1965 (20 U.S.C. 1070g–2), during a qualifying emergency, and inserting Notwithstanding any provision of subpart 9 of part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070g et seq.),;(2)in paragraph (1), by striking and after the semicolon;(3)in paragraph (2), by striking such section 420N. and inserting section 420N of such Act; and; and(4)by adding at the end the following:(3)shall extend the service obligation window (as described in section 420N(b)(1)(A) of such Act) for a period of not more than 3 years, in addition to any extensions provided in accordance with subpart 9 of part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070g et seq.), in the case of a grant recipient whose service obligation window begins during, or includes—(A)the qualifying emergency period; or(B)a period of recession or economic downturn related to the qualifying emergency period, as determined by the Secretary in consultation with the Secretary of Labor..(b)Section 3519 of the CARES Act (Public Law 116–136; 20 U.S.C. 1001 note) is amended by adding at the end the following:(c)Federal perkins loansNotwithstanding section 465 of the Higher Education Act of 1965 (20 U.S.C. 1087ee), the Secretary shall waive the requirements of such section in regard to full-time service and shall consider an incomplete year of service of a borrower as fulfilling the requirement for a complete year of service under such section, if the service was interrupted due to a qualifying emergency..(c)Effective dateThe amendments made by this section shall take effect as if included in the enactment of the CARES Act (Public Law 116–136).5.ImplementationIn carrying out this Act and any amendments made by this Act, or any regulations promulgated under this Act or under such amendments, the Secretary of Education may waive the application of—(1)subchapter I of chapter 35 of title 44, United States Code (commonly known as the Paperwork Reduction Act);(2)the master calendar requirements under section 482 of the Higher Education Act of 1965 (20 U.S.C. 1089);(3)negotiated rulemaking under section 492 of the Higher Education Act of 1965 (20 U.S.C. 1098a); and(4)the requirement to publish the notices related to the system of records of the agency before implementation required under paragraphs (4) and (11) of section 552a(e) of title 5, United States Code (commonly known as the Privacy Act of 1974), except that the notices shall be published not later than 180 days after the date of enactment of this Act.


117 HR 4845 IH: To amend title 38, United States Code, to establish the Advisory Committee on Lesbian, Gay, Bisexual, Transgender, and Queer Veterans.
U.S. House of Representatives
2021-07-29
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.

I117th CONGRESS1st SessionH. R. 4845IN THE HOUSE OF REPRESENTATIVESJuly 29, 2021Mr. Pappas (for himself, Ms. Scanlon, Ms. Norton, Mr. Tonko, Mr. Auchincloss, Mrs. Murphy of Florida, Mr. Peters, Mr. Courtney, Mr. Soto, Mrs. Hayes, and Ms. Chu) introduced the following bill; which was referred to the Committee on Veterans' AffairsA BILLTo amend title 38, United States Code, to establish the Advisory Committee on Lesbian, Gay, Bisexual, Transgender, and Queer Veterans.1.Establishment of Advisory Committee on Lesbian, Gay, Bisexual, Transgender, and Queer Veterans(a)EstablishmentSubchapter III of chapter 5 of title 38, United States Code, is amended by adding at the end the following new section:548.Advisory Committee on Lesbian, Gay, Bisexual, Transgender, and Queer Veterans(a)EstablishmentThere is in the Department the Advisory Committee on Lesbian, Gay, Bisexual, Transgender, and Queer Veterans (in this section referred to as the Committee).(b)Membership(1)The Committee shall consist of members appointed by the Secretary from the general public, including—(A)representatives of LGBTQ veterans;(B)individuals who are recognized authorities in fields pertinent to the needs of LGBTQ veterans, including the specific health-care needs of LGBTQ veterans;(C)representatives of LGBTQ veterans with service-connected disabilities, including at least one lesbian, gay, or bisexual veteran with a service-connected disability, and at least one transgender veteran with a service-connected disability;(D)veterans who are minority group members, as defined in section 544 of this title; and(E)LGBTQ veterans who are recently separated from service in the Armed Forces, including veterans who were involuntarily separated from the Armed Forces due to being LGBTQ.(2)The Committee shall include, as ex officio members—(A)the Secretary of Labor (or the designee of the Secretary of Labor after consultation with the Assistant Secretary of Labor for Veterans’ Employment);(B)the Secretary of Defense (or the designee of the Secretary of Defense); (C)the Under Secretary for Health (or the designee of such Under Secretary); and(D)the Under Secretary for Benefits (or the designee of such Under Secretary).(3)The Secretary may invite representatives of other Federal departments and agencies to participate in the meetings and other activities of the Committee.(4)The Secretary shall determine the number, terms of service, and pay and allowances of members of the Committee appointed by the Secretary, except that a term of service of any such member may not exceed three years. The Secretary may reappoint any such member for additional terms of service.(5)The Committee shall meet as often as the Secretary determines necessary or appropriate, but not less often than twice each fiscal year.(c)ConsultationThe Secretary shall consult regularly with and seek the advice of the Committee with respect to the administration of benefits by the Secretary for LGBTQ veterans, reports and studies pertaining to LGBTQ veterans and the needs of LGBTQ veterans with respect to compensation, health care, rehabilitation, outreach, and other benefits and programs administered by the Secretary, including the Center for Women Veterans and Center for Minority Veterans.(d)Reporting(1)Not later than July 1 of each even-numbered year, the Committee shall submit to the Secretary a report on the programs and activities of the Department that pertain to LGBTQ veterans. Each such report shall include—(A)an assessment of the needs of LGBTQ veterans with respect to compensation, health care, rehabilitation, outreach, and other benefits and programs administered by the Secretary;(B)a review of the programs and activities of the Department designed to meet such needs; and(C)such recommendations (including recommendations for administrative and legislative action) as the Committee determines appropriate.(2)The Secretary shall, not later than 60 days after receiving each report under paragraph (1), submit to the Congress a copy of the report, together with any comments concerning the report that the Secretary determines appropriate.(3)The Committee may also submit to the Secretary such other reports and recommendations the Committee determines appropriate.(4)The Secretary shall submit, with each annual report submitted to Congress pursuant to section 529 of this title, a summary of all reports and recommendations of the Committee received by the Secretary since the previous such annual report.(e)LGBTQ definedIn this section, the term LGBTQ means lesbian, gay, bisexual, transgender, or queer..(b)Clerical amendmentThe table of sections at the beginning of such chapter is amended by adding after the item relating to section 547 the following new item:548. Advisory Committee on Lesbian, Gay, Bisexual, Transgender, and Queer Veterans..


		I
		111th CONGRESS
		2d Session
		H. R. 6490
		IN THE HOUSE OF REPRESENTATIVES

			December 2, 2010
			Mrs. Lummis (for
			 herself and Mr. Wu) introduced the
			 following bill; which was referred to the Committee on Natural
			 Resources

		A BILL
		To amend the Soda Ash Royalty Reduction Act of 2006 to
		  extend the reduced royalty rate for soda ash.

		1.Extension of reduction in
			 royalty rate on soda ashSection 102 of the Soda Ash Royalty
			 Reduction Act of 2006 (Public Law 109–338; 30 U.S.C. 262 note) is amended by
			 striking 5-year and inserting 10-year.