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

Ex Input:
SECTION 1. SHORT TITLE.

This Act may be cited as the ''Air and Health Quality Empowerment
Zone Designation Act of 2008''.

SEC. 2. PURPOSE.

The purpose of this Act is to establish criteria through the use of
which specific geographical areas--
(1) shall be designated as air and health quality
empowerment zones; and
(2) may apply for grants authorized for the purpose of
replacing or retrofitting polluting vehicles or engines (or
both vehicles and engines) in order to improve the health of
the population living in the zones.

SEC. 3. FINDINGS.

Congress finds that--
(1) the San Joaquin Valley faces serious air quality
challenges that impact the development, health, and economy of
the Valley;
(2) the Valley emits approximately 624 tons of nitrogen
oxides per day, and attainment of the federally mandated 8-hour
ozone standard under the Clean Air Act requires emissions of
not more than 160 tons of oxides of nitrogen per day;
(3) the Valley does not attain the federally mandated
standard for PM<INF>2.5</INF>;
(4) the children of the Valley miss 188,000 school days per
year, which translates to 1 in 4 of those children experiencing
a day of absence each year due to elevated ozone levels;
(5) approximately 460 residents of the Valley die earlier
than they otherwise would due to elevated ozone levels, and
Valley residents experience 23,300 asthma attacks per year, a
rate that equals 3 times the State average and 5 times the
national average;
(6) 1 in 5 children residing in the Valley have been
diagnosed with asthma;
(7) nonattainment of Federal air quality standards costs
the Valley $3,200,000,000 annually;
(8) the Valley experiences chronic double-digit
unemployment rates; and
(9) the Federal Government must partner with the Valley and
the State to address air quality, health, and economic
development for the residents of the Valley through the
designation of the Valley as air quality empowerment zone that
is eligible for Federal grants and technical assistance.

SEC. 4. DEFINITIONS.

In this Act:
(1) Administrator.--The term ''Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Agency.--The term ''Agency'' means the Environmental
Protection Agency.
(3) Clean air act.--The term ''Clean Air Act'' means the
Clean Air Act (42 U.S.C. 7401 et seq.).
(4) PM<INF>2.5</INF>.--The term ''PM<INF>2.5</INF>'' means
particulate matter with a diameter that does not exceed 2.5
micrometers.
(5) Strategic plan.--The term ''strategic plan'' means,
with respect to an area, the plan contained in the application
for designation of the area under section 5.
(6) Valley.--The term ''Valley'' means the San Joaquin
Valley, California.

SEC. 5. AIR QUALITY EMPOWERMENT ZONE DESIGNATION PROCEDURES.

(a) In General.--From among the areas nominated for designation
under this section, the Administrator may designate 1 or more areas as
air and health quality empowerment zones.
(b) Period for Which Designation Is in Effect.--
(1) In general.--Any designation under this section shall
remain in effect during the period beginning on the date of the
designation and ending on the earlier of--
(A) the last day of the tenth calendar year
beginning on the date of the designation; or
(B) the date on which the Administrator revokes the
designation.
(2) Revocation of designation.--The Administrator may
revoke the designation under this section of an area if the
Administrator determines that the local air pollution control
district in which the designated area is located--
(A) has been designated as being in attainment with
the national ambient air quality standard for
PM<INF>2.5</INF> and ozone promulgated under the Clean
Air Act; or
(B) is not complying substantially with, or fails
to make progress in achieving the goals of, the
strategic plan.
(c) Limitations on Designations.--No area may be designated under
subsection (a) unless--
(1) the area is nominated for designation by the air
pollution control district with jurisdiction over the area;
(2) the air pollution control district provides written
assurances satisfactory to the Administrator that the strategic
plan will be implemented; and
(3) the Administrator determines that any information
provided is reasonably accurate.
(d) Application.--No area may be designated under subsection (a)
unless the application for the designation--
(1) demonstrates that the nominated area satisfies the
eligibility criteria described in section 6; and
(2) includes a strategic plan for accomplishing the
purposes of this Act that--
(A) describes--
(i) the process by which the nominated area
is a full partner in the process of developing
and implementing the plan; and
(ii) the extent to which local institutions
and organizations have contributed to the
planning process;
(B) identifies--
(i) the amount of State, local, and private
resources that will be available for the
nominated area; and
(ii) the private/public partnerships to be
used (which may include participation by, and
cooperation with, institutions of higher
education, medical centers, and other private
and public entities);
(C) identifies the funding requested under any
Federal program in support of the purposes of this Act;
(D) identifies baselines, methods, and benchmarks
for measuring the success of carrying out the strategic
plan; and
(E) includes such other information as may be
required by the Administrator.

SEC. 6. ELIGIBILITY CRITERIA.

(a) In General.--A nominated area shall be eligible for designation
under section 5(a) only if the area meets all of the following
criteria:
(1) Nonattainment.--The nominated area has been designated
as being--
(A) in extreme nonattainment of the 8-hour ozone
national ambient air quality standard promulgated by
the Administrator under the Clean Air Act; and
(B) in nonattainment of national ambient air
quality standard for PM<INF>2.5</INF> promulgated by
the Administrator under that Act.
(2) Agricultural sources.--The nominated area has--
(A) emissions of oxides of nitrogen from farm
equipment of at least 30 tons per day in calendar year
2010; or
(B) emissions of volatile organic compounds from
farming operations of at least 40 tons per day in
calendar year 2010.
(3) Air-related health effects.--As of the date of
nomination, the nominated area--
(A) meets or exceeds the national average per
capita incidence of asthma; and
(B) meets or exceeds the national average of school
days missed due to the health impact of elevated ozone
levels.
(4) Economic impact.--As of the date of nomination, the
nominated area experiences unemployment rates higher than the
national average.
(5) State matching funds.--The nominated area is located
within a State and local area that will match at least /2\ of
the funds provided by the Federal Government under this Act.

SEC. 7. ELIGIBLE GRANT APPLICANTS.

Any air pollution control district or other local governmental
entity authorized to regulate air quality in a State under the Clean
Air Act may apply for a grant under this Act.

SEC. 8. AUTHORIZATION OF AIR AND HEALTH EMPOWERMENT GRANTS.

(a) Eligibility.--
(1) In general.--Each area designated as an air and health
quality empowerment zone under section 5(a) shall be eligible
to receive 1 or more grants under this section.
(2) Amount of grants.--The amount of each grant awarded to
a designated air and health quality empowerment zone shall be
determined by the Administrator based upon a review of--
(A) the information contained in the applications
required by section 5(d); and
(B) the needs set forth in the applications by
those designated as beneficiaries.
(3) Timing of grants.--With respect to each designated air
and health quality empowerment zone, the Administrator shall
make--
(A) a grant under this section to each such zone on
the date of designation of the zone under section 5(a);
and
(B) the grant under this section to each such zone
available on the first day of the first fiscal year
that begins after the date of designation of the zone.
(4) Oversight of grants.--The air pollution control
district or other local government entity authorized to
regulate air quality in an area designated as an air and health
safety empowerment zone under section 5(a) shall oversee the
use of any grant funds provided to the zone under this section.
(b) Use of Grants.--Each air and health safety empowerment zone
that receives a grant under this section shall use the grant solely--
(1) to carry out activities that achieve the purposes
described in section 2;
(2) in accordance with the strategic plan for the zone; and
(3) for activities that benefit the residents of the zone
for which the grant is made through improved air quality and
health.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to the Administrator to provide grants under this section
$20,000,000 for each of fiscal years 2009 through 2013.

Ex Output:
Air and Health Quality Empowerment Zone Designation Act of 2008 - Authorizes the Administrator of the Environmental Protection Agency (EPA) to designate areas nominated by local air pollution control districts as air and health quality empowerment zones, which shall be eligible for grants for replacing or retrofitting polluting vehicles and/or engines in order to improve the health of the population living in the zones.

Sets forth area eligibility requirements, including: (1) being in nonattainment of specified national ambient air quality standards for ozone or PM2.5 (particulate matter with a diameter that does not exceed 2.5 micrometers); (2) having specified emission levels from agricultural sources; (3) meeting or exceeding national averages for asthma, school days missed for ozone levels, and unemployment; and (4) being eligible for state or local matching funds.

Prohibits an area from being designated unless the relevant district provides satisfactory assurances that the strategic plan (to be contained in its application) will be implemented. Authorizes the Administrator to revoke the designation if the relevant district: (1) has been designated as being in attainment with the air quality standards; or (2) is failing to comply with, or make progress in achieving the goals of, its strategic plan.

Ex Input:
SECTION 1. SHORT TITLE.

This Act may be cited as the ''Health Care OverUse Reform Today Act
(HealthCOURT Act) of 2009''.

SEC. 2. ESTABLISHMENT OF PERFORMANCE-BASED QUALITY MEASURES.

Not later than January 1, 2010, the Secretary of Health and Human
Services shall submit to Congress a proposal for a formalized process
for the development of performance-based quality measures that could be
applied to physicians' services under the Medicare program under title
XVIII of the Social Security Act. Such proposal shall be in concert and
agreement with the Physician Consortium for Performance Improvement and
shall only utilize measures agreed upon by each physician specialty
organization.

SEC. 3. AFFIRMATIVE DEFENSE BASED ON COMPLIANCE WITH BEST PRACTICE
GUIDELINES.

(a) Selection and Issuance of Best Practices Guidelines.--
(1) In general.--The Secretary of Health and Human Services
(in this section referred to as the ''Secretary'') shall
provide for the selection and issuance of best practice
guidelines (each in this subsection referred to as a
''guideline'') in accordance with paragraphs (2) and (3).
(2) Development process.--Not later than 90 days after the
date of the enactment of this Act, the Secretary shall enter
into a contract with a qualified physician consensus-building
organization (such as the Physician Consortium for Performance
Improvement), in concert and agreement with physician specialty
organizations, to develop guidelines for treatment of medical
conditions for application under subsection (b). Under the
contract, the organization shall take into consideration any
endorsed performance-based quality measures described in
section 2. Under the contract and not later than 18 months
after the date of the enactment of this Act, the organization
shall submit best practice guidelines for issuance as
guidelines under paragraph (3).
(3) Issuance.--
(A) In general.--Not later than 2 years after the
date of the enactment of this Act, the Secretary shall
issue, by regulation, after notice and opportunity for
public comment, guidelines that have been recommended
under paragraph (2) for application under subsection
(b).
(B) Limitation.--The Secretary may not issue
guidelines unless they have been approved or endorsed
by qualified physician consensus-building organization
involved and physician specialty organizations.
(C) Dissemination.--The Secretary shall broadly
disseminate the guidelines so issued.
(b) Limitation on Damages.--
(1) Limitation on noneconomic damages.--In any health care
lawsuit, no noneconomic damages may awarded with respect to
treatment that is within a guideline issued under subsection
(a).
(2) Limitation on punitive damages.--In any health care
lawsuit, no punitive damages may be awarded against a health
care practitioner based on a claim that such treatment caused
the claimant harm if--
(A) such treatment was subject to the quality
review by a qualified physician consensus-building
organization;
(B) such treatment was approved in a guideline that
underwent full review by such organization, public
comment, approval by the Secretary, and dissemination
as described in subparagraph (a); and
(C) such medical treatment is generally recognized
among qualified experts (including medical providers
and relevant physician specialty organizations) as
safe, effective, and appropriate.
(c) Use.--
(1) Introduction as evidence.--Guidelines under subsection
(a) may not be introduced as evidence of negligence or
deviation in the standard of care in any civil action unless
they have previously been introduced by the defendant.
(2) No presumption of negligence.--There would be no
presumption of negligence if a participating physician does not
adhere to such guidelines.
(d) Construction.--Nothing in this section shall be construed as
preventing a State from--
(1) replacing their current medical malpractice rules with
rules that rely, as a defense, upon a health care provider's
compliance with a guideline issued under subsection (a); or
(2) applying additional guidelines or safe-harbors that are
in addition to, but not in lieu of, the guidelines issued under
subsection (a).

SEC. 4. STATE GRANTS TO CREATE ADMINISTRATIVE HEALTH CARE TRIBUNALS.

Part P of title III of the Public Health Service Act (42 U.S.C.
280g et seq.) is amended by adding at the end the following:

''SEC. 399T. STATE GRANTS TO CREATE ADMINISTRATIVE HEALTH CARE
TRIBUNALS.

''(a) In General.--The Secretary may award grants to States for the
development, implementation, and evaluation of administrative health
care tribunals that comply with this section, for the resolution of
disputes concerning injuries allegedly caused by health care providers.
''(b) Conditions for Demonstration Grants.--To be eligible to
receive a grant under this section, a State shall submit to the
Secretary an application at such time, in such manner, and containing
such information as may be required by the Secretary. A grant shall be
awarded under this section on such terms and conditions as the
Secretary determines appropriate.
''(c) Representation by Counsel.--A State that receives a grant
under this section may not preclude any party to a dispute before an
administrative health care tribunal operated under such grant from
obtaining legal representation during any review by the expert panel
under subsection (d), the administrative health care tribunal under
subsection (e), or a State court under subsection (f).
''(d) Expert Panel Review and Early Offer Guidelines.--
''(1) In general.--Prior to the submission of any dispute
concerning injuries allegedly caused by health care providers
to an administrative health care tribunal under this section,
such allegations shall first be reviewed by an expert panel.
''(2) Composition.--
''(A) In general.--The members of each expert panel
under this subsection shall be appointed by the head of
the State agency responsible for health. Each expert
panel shall be composed of no fewer than 3 members and
not more than 7 members. At least one-half of such
members shall be medical experts (either physicians or
health care professionals).
''(B) Licensure and expertise.--Each physician or
health care professional appointed to an expert panel
under subparagraph (A) shall--
''(i) be appropriately credentialed or
licensed in 1 or more States to deliver health
care services; and
''(ii) typically treat the condition, make
the diagnosis, or provide the type of treatment
that is under review.
''(C) Independence.--
''(i) In general.--Subject to clause (ii),
each individual appointed to an expert panel
under this paragraph shall--
''(I) not have a material familial,
financial, or professional relationship
with a party involved in the dispute
reviewed by the panel; and
''(II) not otherwise have a
conflict of interest with such a party.
''(ii) Exception.--Nothing in clause (i)
shall be construed to prohibit an individual
who has staff privileges at an institution
where the treatment involved in the dispute was
provided from serving as a member of an expert
panel merely on the basis of such affiliation,
if the affiliation is disclosed to the parties
and neither party objects.
''(D) Practicing health care professional in same
field.--
''(i) In general.--In a dispute before an
expert panel that involves treatment, or the
provision of items or services--
''(I) by a physician, the medical
experts on the expert panel shall be
practicing physicians (allopathic or
osteopathic) of the same or similar
specialty as a physician who typically
treats the condition, makes the
diagnosis, or provides the type of
treatment under review; or
''(II) by a health care
professional other than a physician, at
least two medical experts on the expert
panel shall be practicing physicians
(allopathic or osteopathic) of the same
or similar specialty as the health care
professional who typically treats the
condition, makes the diagnosis, or
provides the type of treatment under
review, and, if determined appropriate
by the State agency, an additional
medical expert shall be a practicing
health care professional (other than
such a physician) of such a same or
similar specialty.
''(ii) Practicing defined.--In this
paragraph, the term 'practicing' means, with
respect to an individual who is a physician or
other health care professional, that the
individual provides health care services to
individual patients on average at least 2 days
a week.
''(E) Pediatric expertise.--In the case of dispute
relating to a child, at least 1 medical expert on the
expert panel shall have expertise described in
subparagraph (D)(i) in pediatrics.
''(3) Determination.--After a review under paragraph (1),
an expert panel shall make a determination as to the liability
of the parties involved and compensation.
''(4) Acceptance.--If the parties to a dispute before an
expert panel under this subsection accept the determination of
the expert panel concerning liability and compensation, such
compensation shall be paid to the claimant and the claimant
shall agree to forgo any further action against the health care
providers involved.
''(5) Failure to accept.--If any party decides not to
accept the expert panel's determination, the matter shall be
referred to an administrative health care tribunal created
pursuant to this section.
''(e) Administrative Health Care Tribunals.--
''(1) In general.--Upon the failure of any party to accept
the determination of an expert panel under subsection (d), the
parties shall have the right to request a hearing concerning
the liability or compensation involved by an administrative
health care tribunal established by the State involved.
''(2) Requirements.--In establishing an administrative
health care tribunal under this section, a State shall--
''(A) ensure that such tribunals are presided over
by special judges with health care expertise;
''(B) provide authority to such judges to make
binding rulings, rendered in written decisions, on
standards of care, causation, compensation, and related
issues with reliance on independent expert witnesses
commissioned by the tribunal;
''(C) establish gross negligence as the legal
standard for the tribunal;
''(D) allow the admission into evidence of the
recommendation made by the expert panel under
subsection (d); and
''(E) provide for an appeals process to allow for
review of decisions by State courts.
''(f) Review by State Court After Exhaustion of Administrative
Remedies.--
''(1) Right to file.--If any party to a dispute before a
health care tribunal under subsection (e) is not satisfied with
the determinations of the tribunal, the party shall have the
right to file their claim in a State court of competent
jurisdiction.
''(2) Forfeit of awards.--Any party filing an action in a
State court in accordance with paragraph (1) shall forfeit any
compensation award made under subsection (e).
''(3) Admissibility.--The determinations of the expert
panel and the administrative health care tribunal pursuant to
subsections (d) and (e) with respect to a State court
proceeding under paragraph (1) shall be admissible into
evidence in any such State court proceeding.
''(g) Definition.--In this section, the term 'health care provider'
has the meaning given such term for purposes of part A of title VII.
''(h) Authorization of Appropriations.--There are authorized to be
appropriated for any fiscal year such sums as may be necessary for
purposes of making grants to States under this section.''.

SEC. 5. SENSE OF CONGRESS REGARDING HEALTH INSURER LIABILITY.

It is the sense of Congress that a health insurance issuer should
be liable for damages for harm caused when it makes a decision as to
what care is medically necessary and appropriate.

Ex Output:
Health Care OverUse Reform Today Act (HealthCOURT Act) of 2009 - Directs the Secretary of Health and Human Services (HHS) to propose to Congress a formalized process for the development of performance-based quality measures that could be applied to physicians' services under title XVIII (Medicare) of the Social Security Act. Requires the proposal: (1) to be in concert and agreement with the Physician Consortium for Performance Improvement; and (2) utilize only measures agreed upon by each physician specialty organization.

Directs the Secretary to: (1) provide for the selection and issuance of best practice guidelines for treatment of medical conditions; and (2) contract with a qualified physician consensus-building organization (such as the Physician Consortium for Performance Improvement), in concert and agreement with physician specialty organizations, to develop such guidelines.

Prohibits the award of any noneconomic damages in any health care lawsuit with respect to treatment that is within an issued guideline.

Prohibits the award of punitive damages against a health care practitioner in such a lawsuit based on a claim that medical treatment caused the claimant harm if the treatment: (1) was subject to quality review by a qualified physician consensus-building organization; (2) was approved in a guideline that underwent full review by such organization, public comment, the Secretary's approval, and dissemination; and (3) is generally recognized among qualified experts as safe, effective, and appropriate.

Amends the Public Health Service Act to authorize the Secretary to award grants to states for the development, implementation, and evaluation of administrative health care tribunals for the resolution of disputes concerning injuries allegedly caused by health care providers.

Expresses the sense of Congress that a health insurance issuer should be liable for damages for a harm caused when it makes a decision as to what care is medically necessary and appropriate.

Ex Input:
SECTION 1. SHORT TITLE.

This Act may be cited as the ''Family Self-Sufficiency Act of
2009''.

SEC. 2. ADMINISTRATIVE FEES FOR FAMILY SELF-SUFFICIENCY PROGRAM COSTS.

Subsection (h) of section 23 of the United States Housing Act of
1937 (42 U.S.C. 1437u(h)) is amended by striking paragraph (1) and
inserting the following new paragraph:
''(1) Section 8 fees.--
''(A) In general.--The Secretary shall establish a
fee under section 8(q) for the costs incurred in
administering the self-sufficiency program under this
section to assist families receiving voucher assistance
through section 8(o).
''(B) Eligibility for fee.--The fee shall provide
funding for family self-sufficiency coordinators as
follows:
''(i) Base fee.--A public housing agency
serving 25 or more participants in the family
self-sufficiency program under this section
shall receive a fee equal to the costs of
employing one full-time family self-sufficiency
coordinator. An agency serving fewer than 25
such participants shall receive a prorated fee.
''(ii) Additional fee.--An agency that
meets minimum performance standards shall
receive an additional fee sufficient to cover
the costs of employing a second family self-
sufficiency coordinator if the agency has 75 or
more participating families, and a third such
coordinator if it has 125 or more participating
families.
''(iii) Previously funded agencies.--An
agency that received funding from the
Department of Housing and Urban Development for
more than three such coordinators in any of
fiscal years 1999 through 2008 shall receive
funding for the highest number of coordinators
funded in a single fiscal year during that
period, provided they meet applicable size and
performance standards.
''(iv) Initial year.--For the first year in
which a public housing agency exercises its
right to develop an family self-sufficiency
program for its residents, it shall be entitled
to funding to cover the costs of up to one
family self-sufficiency coordinator, based on
the size specified in its action plan for such
program.
''(v) State and regional agencies.--For
purposes of calculating the family self-
sufficiency portion of the administrative fee
under this subparagraph, each administratively
distinct part of a State or regional public
housing agency shall be treated as a separate
agency.
''(vi) Determination of number of
coordinators.--In determining whether a public
housing agency meets a specific threshold for
funding pursuant to this paragraph, the number
of participants being served by the agency in
its family self-sufficiency program shall be
considered to be the average number of families
enrolled in such agency's program during the
course of the most recent fiscal year for which
the Department of Housing and Urban Development
has data.
''(C) Proration.--If insufficient funds are
available in any fiscal year to fund all of the
coordinators authorized under this section, the first
priority shall be given to funding one coordinator at
each agency with an existing family self-sufficiency
program. The remaining funds shall be prorated based on
the number of remaining coordinators to which each
agency is entitled under this subparagraph.
''(D) Recapture.--Any fees allocated under this
subparagraph by the Secretary in a fiscal year that
have not been spent by the end of the subsequent fiscal
year shall be recaptured by the Secretary and shall be
available for providing additional fees pursuant to
subparagraph (B)(ii).
''(E) Performance standards.--Within six months
after the date of the enactment of this paragraph, the
Secretary shall publish a proposed rule specifying the
performance standards applicable to funding under
clauses (ii) and (iii) of subparagraph (B). Such
standards shall include requirements applicable to the
leveraging of in-kind services and other resources to
support the goals of the family self-sufficiency
program.
''(F) Data collection.--Public housing agencies
receiving funding under this paragraph shall collect
and report to the Secretary, in such manner as the
Secretary shall require, information on the performance
of their family self-sufficiency programs.
''(G) Evaluation.--The Secretary shall conduct a
formal and scientific evaluation of the effectiveness
of well-run family self-sufficiency programs, using
random assignment of participants to the extent
practicable. Not later than the expiration of the 4-
year period beginning upon the enactment of this
paragraph, the Secretary shall submit an interim
evaluation report to the Congress. Not later than the
expiration of the 8-year period beginning upon such
enactment, the Secretary shall submit a final
evaluation report to the Congress. There is authorized
to be appropriated $10,000,000 to carry out the
evaluation under this subparagraph.
''(H) Incentives for innovation and high
performance.--The Secretary may reserve up to 10
percent of the amounts made available for
administrative fees under this paragraph to provide
support to or reward family self-sufficiency programs
that are particularly innovative or highly successful
in achieving the goals of the program.''.

Passed the House of Representatives April 29, 2009.

Attest:

LORRAINE C. MILLER,

Clerk.

Ex Output:
Family Self-Sufficiency Act of 2009 - Amends the United States Housing Act of 1937 to revise requirements for the administrative fee payable to public housing agencies to cover the costs of administering family self-sufficiency programs in connection with the housing choice voucher program of the Department of Housing and Urban Development.

Prescribes: (1) a base fee for a public housing agency serving 25 or more program participants equal to the costs of employing one full-time family self-sufficiency coordinator (prorated for an agency serving fewer than 25 such participants); and (2) an additional fee for an agency meeting minimum performance standards to cover the costs of employing a second coordinator if the agency has 75 or more participating families, and a third coordinator if it has 125 or more participating families.

Permits the Secretary to reserve certain amounts to provide support to or reward family self-sufficiency programs that are particularly innovative or highly successful in achieving program goals.