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

Example Input: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Mercury Pollution Reduction Act''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) mercury and mercury compounds are highly toxic to 
        humans, ecosystems, and wildlife;
            (2) as many as 10 percent of women in the United States of 
        childbearing age have mercury in their bloodstreams at a level 
        that could pose risks to their unborn babies, and hundreds of 
        thousands of children born annually in the United States are at 
        risk of neurological problems relating to mercury exposure in 
        utero;
            (3) the most significant source of mercury exposure to 
        people in the United States is ingestion of mercury-
        contaminated fish;
            (4) the long-term solution to mercury pollution is to 
        minimize global mercury use and releases of mercury to 
        eventually achieve reduced contamination levels in the 
        environment, rather than reducing fish consumption, since 
        uncontaminated fish represents a critical and healthy source of 
        nutrition for people worldwide;
            (5) mercury pollution is a transboundary pollutant that--
                    (A) is deposited locally, regionally, and globally; 
                and
                    (B) affects bodies of water near industrial areas, 
                such as the Great Lakes, as well as bodies of water in 
                remote areas, such as the Arctic Circle;
            (6) of the approximately 30 plants in the United States 
        that produce chlorine, only 7 use the obsolete ``mercury cell'' 
        chlor-alkali process, and 4 have not yet committed to phasing 
        out mercury use;
            (7)(A) less than 5 percent of the total quantity of 
        chlorine and caustic soda produced in the United States comes 
        from the chlor-alkali plants described in paragraph (6) that 
        use the mercury cell chlor-alkali process;
            (B) cost-effective alternatives are available and in use in 
        the remaining 95 percent of chlorine and caustic soda 
        production; and
            (C) other countries, including Japan, have already banned 
        the mercury cell chlor-alkali process;
            (8) the chlor-alkali industry acknowledges that--
                    (A) mercury can contaminate products manufactured 
                at mercury cell facilities; and
                    (B) the use of some of those products results in 
                the direct and indirect release of mercury;
            (9) despite those quantities of mercury known to have been 
        used or to be in use, neither the chlor-alkali industry nor the 
        Environmental Protection Agency is able--
                    (A) to adequately account for the disposition of 
                the mercury used at those facilities; or
                    (B) to accurately estimate current mercury 
                emissions; and
            (10) it is critically important that the United States work 
        aggressively toward the minimization of supply, demand, and 
        releases of mercury, both domestically and internationally.

SEC. 3. STATEMENT OF POLICY.

    Congress declares that the United States should develop policies 
and programs that will--
            (1) reduce mercury use and emissions within the United 
        States;
            (2) reduce mercury releases from the reservoir of mercury 
        currently in use or circulation within the United States; and
            (3) reduce exposures to mercury, particularly exposures of 
        women of childbearing age and young children.

SEC. 4. USE OF MERCURY IN CHLORINE AND CAUSTIC SODA MANUFACTURING.

    (a) In General.--Title I of the Toxic Substances Control Act (15 
U.S.C. 2601 et seq.) is amended by inserting after section 6 the 
following:

``SEC. 6A. USE OF MERCURY IN CHLORINE AND CAUSTIC SODA MANUFACTURING.

    ``(a) Definition of Chlor-alkali Facility.--In this section, the 
term `chlor-alkali facility' means a facility used for the manufacture 
of chlorine or caustic soda using a mercury cell process.
    ``(b) Prohibition.--
            ``(1) In general.--Except as otherwise provided in this 
        subsection, it shall be unlawful to manufacture chlorine or 
        caustic soda using mercury cells at any facility in the United 
        States.
            ``(2) Notice.--The owner or operator of any existing chlor-
        alkali facility shall notify the Administrator no later than 
        June 30, 2012, whether it will--
                    ``(A) replace its chlor-alkali facility with a new 
                manufacturing facility that does not use mercury; or
                    ``(B) cease operations.
            ``(3) Closure.--A chlor-alkali facility for which a closure 
        notice is filed under paragraph (2)(B) shall cease 
        manufacturing chlorine or caustic soda using mercury cells no 
        later than June 30, 2013.
            ``(4) Replacement.--A chlor-alkali facility for which a 
        replacement notice is filed under paragraph (2)(A) may continue 
        to manufacture chlorine or caustic soda using mercury cells 
        until all of the permitting, financing, engineering, and 
        construction of a non-mercury replacement facility is complete, 
        or June 30, 2015, whichever is earlier.
    ``(c) Export Ban.--Effective on the date of the enactment of this 
section, the export of any elemental mercury or the sale of elemental 
mercury for purposes of export, including compounds and mixtures 
containing elemental mercury, by the owner or operator of a chlor-
alkali facility is prohibited.
    ``(d) Savings Provision.--Nothing in this section affects the 
ability of the owner or operator of any chlor-alkali facility to store 
elemental mercury in accordance with section 5(g)(2) of the Mercury 
Export Ban Act of 2008 (42 U.S.C. 6939f).''.
    (b) Conforming Amendments.--(1) The table of contents of the Toxic 
Substances Control Act (15 U.S.C. 2601 note) is amended by inserting 
after the item relating to section 6 the following:

``Sec. 6A. Use of mercury in chlorine and caustic soda 
                            manufacturing.''.
    (2) Paragraphs (1) and (2) of section 15 of such Act are each 
amended by striking ``or 6'' and inserting ``, 6 or 6A''.
Example Output: Mercury Pollution Reduction Act - Declares that the United States should develop policies and programs that will reduce: (1) mercury use and emissions; (2) mercury releases from the reservoir of mercury currently in use or circulation; and (3) exposures to mercury, particularly of women of childbearing age and young children.

Amends the Toxic Substances Control Act to prohibit: (1) the manufacture of chlorine or caustic soda using mercury cells at any facility in the United States; and (2) the export of any elemental mercury or the sale of elemental mercury for purposes of export, including compounds and mixtures containing elemental mercury, by the owner or operator of a chlor-alkali facility.

Requires the owner or operator of any existing chlor-alkali facility to notify the Administrator of the Environmental Protection Agency (EPA) no later than June 30, 2012, on whether the owner or operator will replace its chlor-alkali facility with a new manufacturing facility that does not use mercury or cease operations. Requires a chlor-alkali facility for which a closure notice is filed to cease manufacturing chlorine or caustic soda using mercury cells no later than June 30, 2013. Authorizes a chlor-alkali facility for which a replacement notice is filed to continue to manufacture chlorine or caustic soda using mercury cells until all of the permitting, financing, engineering, and construction of a non-mercury replacement facility is complete or June 30, 2015, whichever is earlier.

Provides that this Act does not affect the ability of the owner or operator of any chlor-alkali facility to store elemental mercury in accordance with the Mercury Export Ban Act of 2008.

Example Input: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Space Leadership Preservation Act of 
2012''.

SEC. 2. ADMINISTRATOR AND DEPUTY ADMINISTRATOR.

    Section 20111 of title 51, United States Code, is amended--
            (1) in subsection (a)--
                    (A) by striking ``Administrator.--There is 
                established'' and inserting ``Administrator.--
            ``(1) In general.--There is established'';
                    (B) in paragraph (1), as so designated by 
                subparagraph (A) of this paragraph--
                            (i) by inserting ``, pursuant to paragraph 
                        (2),'' after ``who shall be appointed''; and
                            (ii) by inserting ``The Administrator shall 
                        serve for a term of 10 years.'' after ``and 
                        activities thereof.''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(2) Board of directors nominations.--The President shall 
        appoint the Administrator under paragraph (1) from among the 
        list of nominees provided by the Board of Directors pursuant to 
        section 20118(l)(2)(A). The President shall appoint a new 
        Administrator not later than 3 months after the first set of 
        nominees is so provided by the Board of Directors. The sitting 
        Administrator may serve in the position until a new 
        Administrator appointed pursuant to this paragraph is confirmed 
        by the Senate.''; and
            (2) in subsection (b)--
                    (A) by striking ``Administrator.--There shall be'' 
                and inserting ``Administrator.--
            ``(1) In general.--There shall be'';
                    (B) in paragraph (1), as so designated by 
                subparagraph (A) of this paragraph, by inserting ``, 
                pursuant to paragraph (2),'' after ``who shall be 
                appointed''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(2) Board of directors nominations.--The President shall 
        appoint the Deputy Administrator under paragraph (1) from among 
        the list of nominees provided by the Board of Directors 
        pursuant to section 20118(j)(2)(B).''.

SEC. 3. BOARD OF DIRECTORS.

    (a) Establishment.--Subchapter II of chapter 201 of title 51, 
United States Code, is amended by adding at the end the following new 
section:
``Sec. 20118. Board of Directors
    ``(a) Establishment.--There shall be established a Board of 
Directors for the National Aeronautics and Space Administration in 
accordance with this section, not later than 9 months after the date of 
enactment of the `Space Leadership Preservation Act of 2012'.
    ``(b) Membership and Appointment.--The Board shall consist of 11 
members to be appointed as follows:
            ``(1) Three members shall be appointed by the President.
            ``(2) Three members shall be appointed by the president pro 
        tempore of the Senate.
            ``(3) One member shall be appointed by the minority leader 
        of the Senate.
            ``(4) Three members shall be appointed by the Speaker of 
        the House of Representatives.
            ``(5) One member shall be appointed by the minority leader 
        of the House of Representatives.
In addition to the members appointed under paragraphs (1) through (5), 
the Administrator shall be an ex officio, nonvoting member of the 
Board.
    ``(c) Qualifications.--The persons appointed as members of the 
Board shall be--
            ``(1) former astronauts or scientists or engineers eminent 
        in the fields of human spaceflight, planetary science, space 
        science, Earth science, and aeronautics, or other scientific, 
        engineering, business, and social science disciplines related 
        to space and aeronautics;
            ``(2) selected on the basis of established records of 
        distinguished service; and
            ``(3) so selected as to provide representation of the views 
        of engineering, science, and aerospace leaders in all areas of 
        the Nation.
    ``(d) Limitation on Members.--An individual employed by or 
representing an organization with which the Administration has a 
contract is not eligible to serve on the Board, except for scientists 
employed by or representing colleges, universities, and other not-for-
profit organizations. Additionally, a former Board member may not take 
employment with or represent an organization with which the 
Administration has a contract, or which is seeking such a contract, for 
a period of 2 years following completion of service on the Board.
    ``(e) Terms.--The term of office of each member of the Board shall 
be 3 years, except that any member appointed to fill a vacancy 
occurring prior to the expiration of the term for which his predecessor 
was appointed shall be appointed for the remainder of such term. Any 
person who has been a member of the Board for 12 consecutive years 
shall thereafter be ineligible for appointment during the 2-year period 
following the expiration of such 12th year.
    ``(f) Travel Expenses.--Each member of the Board shall receive 
travel expenses, including per diem in lieu of subsistence, in 
accordance with applicable provisions under subchapter I of chapter 57 
of title 5, United States Code.
    ``(g) Meetings.--The Board shall meet quarterly and at such other 
times as the Chairman may determine, but the Chairman shall also call a 
meeting whenever one-third of the members so request in writing. The 
Board shall adopt procedures governing the conduct of its meetings, 
including delivery of notice and a definition of a quorum, which in no 
case shall be less than one-half plus one of the members of the Board.
    ``(h) Chairman and Vice Chairman.--The election of the Chairman and 
Vice Chairman of the Board shall take place at each first quarter 
meeting occurring in an even-numbered year. The Vice Chairman shall 
perform the duties of the Chairman in his absence. In case a vacancy 
occurs in the chairmanship or vice chairmanship, the Board shall elect 
a member to fill such vacancy.
    ``(i) Staff.--The Board may, with the concurrence of a majority of 
its members, permit the appointment of a staff consisting of 
professional staff members, technical and professional personnel on 
leave of absence from academic, industrial, or research institutions 
for a limited term, and such operations and support staff members as 
may be necessary. Such staff shall be appointed by the Chairman and 
assigned at the direction of the Board. The professional members and 
limited term technical and professional personnel of such staff may be 
appointed without regard to the provisions of title 5, United States 
Code, governing appointments in the competitive service, and the 
provisions of chapter 51 of such title relating to classification, and 
shall be compensated at a rate not exceeding the maximum rate payable 
under section 5376 of such title, as may be necessary to provide for 
the performance of such duties as may be prescribed by the Board in 
connection with the exercise of its powers and functions under this 
section.
    ``(j) Special Commissions.--The Board is authorized to establish 
such special commissions as it may from time to time deem necessary for 
the purposes of this section.
    ``(k) Committees.--The Board is also authorized to appoint from 
among its members such committees as it deems necessary, and to assign 
to committees so appointed such survey and advisory functions as the 
Board deems appropriate to assist it in exercising its powers and 
functions under this section.
    ``(l) Functions.--
            ``(1) Budget proposal.--Not later than November 15 of each 
        year, the Board shall provide to the President, and to the 
        Committee on Appropriations and the Committee on Science, 
        Space, and Technology of the House of Representatives and the 
        Committee on Appropriations and the Committee on Commerce, 
        Science, and Transportation of the Senate, a proposed budget 
        for the National Aeronautics and Space Administration for the 
        next fiscal year. Such budget shall--
                    ``(A) carry out the purpose described in section 
                20102(h);
                    ``(B) be based on--
                            ``(i) the best professional judgement of 
                        the Board;
                            ``(ii) recommendations from the scientific, 
                        engineering, and other technical experts 
                        communities; and
                            ``(iii) the recommendations of the most 
                        recent National Research Council decadal 
                        surveys; and
                    ``(C) follow such decadal survey's recommended 
                decision rules regarding program implementation, 
                including a strict adherence to the recommendation that 
                the National Aeronautics and Space Administration 
                include in a balanced program a flagship class mission, 
                which may be executed in cooperation with one or more 
                international partners.
            ``(2) Nominees for administrator, deputy administrator, and 
        chief financial officer.--The Board shall provide to the 
        President--
                    ``(A) a list of 3 nominees from which the President 
                shall appoint an Administrator pursuant to section 
                20111(a);
                    ``(B) a list of 3 nominees from which the President 
                shall appoint a Deputy Administrator pursuant to 
                section 20111(b); and
                    ``(C) a list of 3 nominees from which the President 
                shall appoint a Chief Financial Officer pursuant to 
                section 205(a) of the Chief Financial Officers Act (31 
                U.S.C. 901(a)).
        The Board shall provide the first set of nominees under this 
        paragraph not later than 15 months after the date of enactment 
        of the `Space Leadership Preservation Act of 2012'.
            ``(3) Reports.--
                    ``(A) Annual infrastructure, capabilities, and 
                workforce assessment.--The Board shall provide to the 
                President and the Congress annually a report assessing 
                the status of United States spaceflight infrastructure, 
                unique space capabilities, and the health of the United 
                States workforce necessary to maintain such 
                infrastructure and capabilities. The assessment shall 
                also identify areas of concern, gaps in capability 
                compared to foreign spaceflight capabilities, and 
                recommendations on how to strengthen or improve United 
                States capabilities and workforce.
                    ``(B) Specific policy matter reports.--The Board 
                shall provide to the President and the Congress reports 
                on specific, individual policy matters within the 
                authority of the Administration (or otherwise as 
                requested by the Congress or the President) related to 
                human space flight, planetary science, earth science, 
                aeronautics, and science, technology, engineering, and 
                mathematics education, as the Board, the President, or 
                the Congress determines the need for such reports.
            ``(4) Quadrennial review.--The Board shall provide to the 
        President and the Congress, not later than the later of 180 
        days after the establishment of the Board or the third 
        quarterly meeting of the Board, and once every 4 years 
        thereafter, a quadrennial review of current space programs and 
        a vision for future space exploration.
            ``(5) Removal of administrator for cause.--The Board may 
        provide to the President and the Congress a report recommending 
        the removal of the Administrator for cause. Any such report 
        shall include the reasons for such recommendation.
    ``(m) Budget Meetings.--Portions of Board meetings in which the 
Board considers the budget proposal required under subsection (l)(1) 
for a particular fiscal year may be closed to the public until the 
Board submits the proposal to the President and the Congress.
    ``(n) Financial Disclosure.--Members of the Board shall be required 
to file a financial disclosure report under title II of the Ethics in 
Government Act of 1978 (5 U.S.C. App. 92 Stat. 1836), except that such 
reports shall be held confidential and exempt from any law otherwise 
requiring their public disclosure.''.
    (b) Table of Sections.--The table of sections for chapter 201 of 
title 51, United States Code, is amended by adding at the end of the 
items for subchapter II the following new item:

``20118. Board of Directors.''.

SEC. 4. BUDGET PROPOSAL.

    Section 30103 of title 51, United States Code, is amended by adding 
at the end the following new subsection:
    ``(e) Board of Directors Proposal.--
            ``(1) Inclusion in president's proposed budget.--The 
        proposed budget for the Administration submitted to the 
        Congress by the President for each fiscal year shall include a 
        description of, and a detailed justification for, any 
        differences between the President's proposed budget and the 
        budget provided by the Board of Directors under section 
        20118(l)(1).
            ``(2) Elements of budget proposal.--Subsections (a) through 
        (d) of this section shall apply to the proposed budget provided 
        by the Board of Directors under section 20118(l)(1).''.

SEC. 5. LONG TERM CONTRACTING.

    (a) Amendments.--Section 20142 of title 51, United States Code, is 
amended--
            (1) in the section heading, by striking ``Contracts 
        regarding expendable launch vehicles'' and inserting ``Long 
        term contracting'';
            (2) in subsection (a), by--
                    (A) striking ``expendable launch vehicle services'' 
                and inserting ``rocket propulsion systems and manned 
                and unmanned space transportation vehicles and 
                payloads, including expendable launch vehicles, and any 
                other infrastructure intended for placement or 
                operation in space or on celestial bodies, and services 
                related thereto,''; and
                    (B) striking ``related to launch'' and inserting 
                ``related to''; and
            (3) in subsection (b), by striking ``launch services'' and 
        inserting ``the goods and services to have been provided under 
        the contract''.
    (b) Table of Sections Amendment.--The item relating to section 
20142 in the table of sections for chapter 201 of title 51, United 
States Code, is amended to read as follows:

``20142. Long term contracting.''.
Example Output: Space Leadership Preservation Act of 2012 - Establishes a Board of Directors for the National Aeronautics and Space Administration (NASA). Sets forth Board membership and appointment criteria. Directs the President to appoint the NASA Administrator and Deputy Administrator from among a list of nominees provided by the Board.

Requires the Board to provide: (1) NASA's proposed annual budget; (2) annual reports on spaceflight infrastructure, unique space capabilities, and the workforce necessary to maintain such infrastructure and capabilities; (3) reports on specific policy matters; and (4) quadrennial reviews of current space programs and a vision for future space exploration.

Authorizes the Administrator to enter into contracts for rocket propulsion systems and manned and unmanned space transportation vehicles and payloads.

Example 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.
Example 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.