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

Input: Consider Input: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Wind Energy Research and Development
Act of 2009''.

SEC. 2. WIND ENERGY RESEARCH AND DEVELOPMENT PROGRAM.

(a) In General.--The Secretary of Energy shall carry out a program
of research and development to--
(1) improve the energy efficiency, reliability, and
capacity of wind turbines;
(2) optimize the design and adaptability of wind energy
systems to the broadest practical range of atmospheric
conditions; and
(3) reduce the cost of construction, generation, and
maintenance of wind energy systems.
(b) Program.--The program under this section shall focus on
research and development of--
(1) new materials and designs to make larger, lighter, less
expensive, and more reliable rotor blades;
(2) technologies to improve gearbox performance and
reliability;
(3) automation, materials, and assembly of large-scale
components to reduce manufacturing costs;
(4) low-cost transportable towers greater than 100 meters
in height to capitalize on improved wind conditions at higher
elevations;
(5) advanced computational modeling tools to improve--
(A) the reliability of aeroelastic simulations of
wind energy systems;
(B) understanding of the interaction between each
wind turbine component;
(C) siting of wind energy systems to maximize
efficiency and minimize variable generation;
(D) integration of wind energy systems into the
existing electric grid to ensure reliability; and
(E) understanding of the wake effect between upwind
and downwind turbine operations;
(6) advanced control systems and blade sensors to improve
performance and reliability under a wide variety of wind
conditions;
(7) advanced generators, including--
(A) medium-speed and low-speed generators;
(B) direct-drive technology; and
(C) the use of advanced magnets in generator
rotors;
(8) wind technology for offshore applications;
(9) methods to assess and mitigate the effects of wind
energy systems on radar and electromagnetic fields;
(10) wind turbines with a maximum electric power production
capacity of 100 kilowatts or less;
(11) technical processes to enable--
(A) scalability of transmission from remotely
located renewable resource rich areas; and
(B) optimization of advanced infrastructure design,
including high voltage transmission; and
(12) other research areas as determined by the Secretary.

SEC. 3. WIND ENERGY DEMONSTRATION PROGRAM.

(a) In General.--The Secretary of Energy shall conduct a wind
energy demonstration program. In carrying out this section, the
Secretary shall ensure that--
(1) the program is of sufficient size and geographic
diversity to measure wind energy system performance under the
full productive range of wind conditions in the United States;
(2) demonstration projects carried out under this program
are--
(A) conducted in collaboration with industry and,
as appropriate, with academic institutions; and
(B) located in various geographic areas
representing various wind class regimes; and
(3) data collected from demonstration projects carried out
under this program is useful for carrying out section 2(b).
(b) Cost-Sharing.--The Secretary shall carry out the program under
this section in compliance with section 988(a) through (d) and section
989 of the Energy Policy Act of 2005 (42 U.S.C. 16352(a) through (d)
and 16353).

SEC. 4. EQUAL OPPORTUNITY.

In carrying out this Act, the Secretary of Energy shall--
(1) coordinate with the Office of Minority Economic Impact
and with the Office of Small and Disadvantaged Business
Utilization; and
(2) provide special consideration to applications submitted
by institutions, businesses, or entities containing majority
representation by individuals identified in section 33 or 34 of
the Science and Engineering Equal Opportunities Act (42 U.S.C.
1885a or 1885b).

SEC. 5. COMPETITIVE AWARDS.

Awards under section 2 and section 3 shall be made on a competitive
basis with an emphasis on technical merit.

SEC. 6. COORDINATION AND NONDUPLICATION.

To the maximum extent practicable the Secretary of Energy shall
coordinate activities under this Act with other programs of the
Department of Energy and other Federal research programs.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated to the Secretary of Energy
to carry out this Act $200,000,000 for each of the fiscal years 2010
through 2014.

Passed the House of Representatives September 9, 2009.

Attest:

LORRAINE C. MILLER,

Clerk.

Output: Wind Energy Research and Development Act of 2009 - Directs the Secretary of Energy to carry out a research and development program to: (1) improve the energy efficiency, reliability, and capacity of wind turbines; (2) optimize the design and adaptability of wind energy systems to the broadest practical range of atmospheric conditions; and (3) reduce the cost of construction, generation, and maintenance of such systems.

Directs the Secretary to conduct a wind energy demonstration program to measure wind energy system performance under the full productive range of wind conditions in the United States.

Requires awards under such programs to be made on a competitive basis with an emphasis on technical merit.

Requires the Secretary, in carrying out this Act, to: (1) coordinate with the Office of Minority Economic Impact and with the Office of Small and Disadvantaged Business Utilization; and (2) provide special consideration to applications submitted by institutions, businesses, or entities containing majority representation of women, minorities, or persons with disabilities in science and engineering.

Authorizes appropriations.

Input: Consider 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.

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.

Input: Consider Input: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Healthy and High Performance Schools
Act of 2001''.

SEC. 2. FINDINGS AND PURPOSE.

(a) Findings.--The Congress finds the following:
(1) American kindergarten through grade 12 schools spend
over $6,000,000,000 annually on energy costs, which is more
than is spent on books and computers combined.
(2) Approximately 25,000,000 students are attending schools
with at least 1 unsatisfactory environmental condition.
(3) Educators teach and students learn best in an
environment that is comfortable, healthy, naturally lit where
possible, and in good repair, and studies have indicated that
student achievement is greater and attendance higher when those
conditions are met.
(4) Over half of our Nation's kindergarten through grade 12
schools are more than 40 years old and in need of renovation to
reach such standard of efficiency and comfort, and 6,000 new
schools will be required over the next 10 years to accommodate
the growing number of students.
(5) Inadequate ventilation in school buildings, poor
lighting and acoustical quality, and uncomfortable temperatures
can cause poor health and diminish students' capacity to
concentrate and excel.
(6) Inefficient use of water, either in consumption or from
poorly maintained systems, is prevalent in older schools.
(7) Using a whole building approach in the design of new
schools and the renovation of existing schools (considering how
materials, systems, and products connect and overlap and also
how a school is integrated on its site and within the
surrounding community) will result in healthy and high
performance school buildings.
(8) Adoption of whole building concepts has been shown to
result in dramatic improvements in student and teacher
performance.
(9) Adopting a whole building approach usually results in a
lower life cycle cost for the school building than for a
conventionally designed and built building.
(10) Systematic use of energy conservation in school
construction and renovation projects can save at least one
quarter of current energy costs, leaving more money for
teachers and educational materials.
(11) The use of renewable energy sources such as
daylighting, solar, wind, geothermal, hydropower, and biomass
power in a building already designed to be energy-efficient can
help meet the building's energy needs without added emissions.
(12) Using environmentally preferable products and
providing for adequate supplies of fresh air will improve
indoor air quality and provide healthful school buildings.
(13) Most school districts do not have the knowledge of
cutting-edge design and technologies to integrate optimum
efficiency and environmentally healthy designs into new school
construction or into school renovations.
(b) Purpose.--It is the purpose of this Act to assist local
educational agencies in the production of high performance elementary
school and secondary school buildings that are healthful, productive,
energy-efficient, and environmentally sound.

SEC. 3. PROGRAM ESTABLISHMENT AND ADMINISTRATION.

(a) Program.--There is established in the Department of Education
the High Performance Schools Program (in this Act referred to as the
''Program'').
(b) Grants.--The Secretary, in consultation with the Secretary of
Energy and the Administrator of the Environmental Protection Agency,
may, through the Program, award grants to State educational agencies to
permit such State educational agencies to carry out subsection (c).
(c) State Use of Funds.--
(1) Subgrants.--
(A) In general.--A State educational agency
receiving a grant under this Act shall use the grant
funds made available under section 4(a)(1) to award
subgrants to local educational agencies to permit such
local educational agencies to carry out the activities
described in subsection (d).
(B) Limitation.--A State educational agency shall
award subgrants under subparagraph (A) to local
educational agencies that have made a commitment to use
the subgrant funds to develop healthy, high performance
school buildings in accordance with the plan developed
and approved pursuant to subparagraph (C)(i).
(C) Implementation.--
(i) Plans.--A State educational agency
shall award subgrants under paragraph (1) only
to local educational agencies that, in
consultation with the State educational agency
and State offices with responsibilities
relating to energy and health, have developed
plans that the State educational agency
determines to be feasible and appropriate in
order to achieve the purposes for which such
subgrants are made.
(ii) Supplementing grant funds.--The State
educational agency shall encourage qualifying
local educational agencies to supplement their
subgrant funds with funds from other sources in
the implementation of their plans.
(2) Administration.--A State educational agency receiving a
grant under this Act shall use the grant funds made available
under section 4(a)(2)--
(A) to evaluate compliance by local educational
agencies with the requirements of this Act;
(B) to distribute information and materials to
clearly define and promote the development of healthy,
high performance school buildings for both new and
existing facilities;
(C) to organize and conduct programs for school
board members, school district personnel, architects,
engineers, and others to advance the concepts of
healthy, high performance school buildings;
(D) to obtain technical services and assistance in
planning and designing high performance school
buildings; and
(E) to collect and monitor information pertaining
to the high performance school building projects funded
under this Act.
(3) Promotion.--Subject to section 4(a), a State
educational agency receiving a grant under this Act may use
grant funds for promotional and marketing activities, including
facilitating private and public financing, working with school
administrations, students, and communities, and coordinating
public benefit programs.
(d) Local Use of Funds.--
(1) In general.--A local educational agency receiving a
subgrant under subsection (c)(1) shall use such subgrant funds
for new school building projects and renovation projects that--
(A) achieve energy-efficiency performance that
reduces energy use to at least 30 percent below that of
a school constructed in compliance with standards
prescribed in Chapter 8 of the 2000 International
Energy Conservation Code, or a similar State code
intended to achieve substantially equivalent results;
and
(B) achieve environmentally healthy schools in
compliance with Federal and State codes intended to
achieve healthy and safe school environments.
(2) Existing buildings.--A local educational agency
receiving a subgrant under subsection (c)(1) for renovation of
existing school buildings shall use such subgrant funds to
achieve energy efficiency performance that reduces energy use
below the school's baseline consumption, assuming a 3-year,
weather-normalized average for calculating such baseline and to
help bring schools into compliance with health and safety
standards.

SEC. 4. ALLOCATION OF FUNDS.

(a) In General.--A State receiving a grant under this Act shall
use--
(1) not less than 70 percent of such grant funds to carry
out section 3(c)(1); and
(2) not less than 15 percent of such grant funds to carry
out section 3(c)(2).
(b) Reservation.--The Secretary may reserve an amount not to exceed
$300,000 per year from amounts appropriated under section 6 to assist
State educational agencies in coordinating and implementing the
Program. Such funds may be used to develop reference materials to
further define the principles and criteria to achieve healthy, high
performance school buildings.

SEC. 5. REPORT TO CONGRESS.

(a) In General.--The Secretary shall conduct a biennial review of
State actions implementing this Act, and shall report to Congress on
the results of such reviews.
(b) Reviews.--In conducting such reviews, the Secretary shall
assess the effectiveness of the calculation procedures used by State
educational agencies in establishing eligibility of local educational
agencies for subgrants under this Act, and may assess other aspects of
the Program to determine whether the aspects have been effectively
implemented.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated to the Secretary to carry
out this Act--
(1) $250,000,000 for each of fiscal years 2002 through
2005; and
(2) such sums as may be necessary for each of fiscal years
2006 through 2011.

SEC. 7. DEFINITIONS.

In this Act:
(1) Elementary school and secondary school.--The terms
''elementary school'' and ''secondary school'' have the same
meanings given such terms in section 14101 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 8801).
(2) Healthy, high performance school building.--The term
''healthy, high performance school building'' means a school
building which, in its design, construction, operation, and
maintenance, maximizes use of renewable energy and energy-
efficient practices, is cost-effective on a life cycle basis,
uses affordable, environmentally preferable, durable materials,
enhances indoor environmental quality, protects and conserves
water, and optimizes site potential.
(3) Local educational agency.--The term ''local educational
agency'' has the same meaning given such term in section 14101
of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 8801).
(4) Renewable energy.--The term ''renewable energy'' means
energy produced by solar, wind, geothermal, hydroelectric, or
biomass power.
(5) Secretary.--The term ''Secretary'' means the Secretary
of Education.
(6) State educational agency.--The term ''State educational
agency'' has the same meaning given such term in section 14101
of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 8801).
Output: Healthy and High Performance Schools Act of 2001 - Establishes in the Department of Education a High Performance Schools Program.Authorizes the Secretary of Education to award grants to States to provide subgrants to local educational agencies for renovation projects to make existing elementary school and secondary school buildings energy-efficient and environmentally healthy.