Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Energy Self-Sufficiency Act for the
21st Century''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--The Congress finds that:
            (1) The greater deployment of distributed energy resources
        can help alleviate bottlenecks and deficiencies in the nation's
        energy production and delivery system, and improve power
        quality and reliability, while bringing more efficient and
        environmentally responsible energy resources into the
        mainstream.
            (2) The United States needs to ensure the rapid deployment
        of new power generation technologies in order to meet the
        growing demand for electricity in the `new economy,' while at
        the same time paying careful attention to improving energy
        efficiency and reducing pollution from energy production.
            (3) The United States is poised to be a world leader in the
        design and manufacture of distributed energy resources
        technology.
            (4) The current regulatory environment serves as a
        disincentive to the deployment of distributed energy resources
        in many parts of the country, due to the lack of consistent
        policies and procedures for the interconnection of distributed
        energy resources to the local electric grid.
            (5) Existing tax treatment of distributed energy resources
        also creates difficulties for the installation of these
        technologies.
            (6) The Federal Government needs a more coordinated program
        for research, development and demonstration of distributed
        energy resources.
    (b) Purposes.--The purposes of this Act are to lower energy costs
to consumers, increase electric system reliability, create a more
diverse and robust energy network, and provide energy efficiency and
environmental improvements, through the rapid development and
deployment of distributed energy resources.

       TITLE I--INTERCONNECTION OF LOCAL DISTRIBUTION FACILITIES

SEC. 101. INTERCONNECTION OF LOCAL DISTRIBUTION FACILITIES.

    Section 210 of the Federal Power Act is amended by adding the
following at the end thereof:
    ``(f) Special Rule for Distributed Generation.--
            ``(1) Definitions.--As used in this subsection:
                    ``(A) Utility distribution company.--The term
                `utility distribution company' means any entity which
                owns, controls, or operates, for public use, local
                utility distribution facilities.
                    ``(B) Local utility distribution facilities.--The
                term `local utility distribution facilities' means any
                facilities used for the local distribution of electric
                energy. Such term does not include any facilities
                determined by the Commission to be transmission
                facilities subject to the jurisdiction of the
                Commission under section 201.
                    ``(C) Distributed generation facility.--The term
                `distributed generation facility' means an electric
                power generation facility that is designed to serve
                retail electric consumers at or near the facility site
                and interconnect with local utility distribution
                facilities.
            ``(2) Interconnection.--A utility distribution company
        shall interconnect its local utility distribution facilities
        with, and provide service to, a distributed generation
        facility, if the distributed generation facility owner or
        operator complies with the final rule promulgated under
        paragraph (3) and pays the costs directly related to such
        interconnection and service, as determined by the Commission.
        The costs, terms and conditions of such interconnection and
        subsequent service shall be just, reasonable and non-
        discriminatory, as determined by the Commission.
            ``(3) Rules.--Within one year after the date of enactment
        of this subsection, the Commission shall promulgate a final
        rule to establish safety, reliability, and power quality
        standards relating to distributed generation facilities. To the
        extent feasible, the Commission shall develop the standards
        through a process involving interested parties. For purposes of
        developing such standards, the Commission shall establish an
        advisory committee composed of qualified experts to make
        recommendations to the Commission.''.

       TITLE II--TAX INCENTIVES FOR DISTRIBUTED ENERGY RESOURCES

SEC. 201. TAX INCENTIVES FOR DISTRIBUTED ENERGY RESOURCES.

    (a) Amendment of 1986 Code.--Except as otherwise expressly
provided, whenever in this title an amendment or repeal is expressed in
terms of an amendment to, or repeal of, a section or other provision,
the reference shall be considered to be made to a section or other
provision of Internal Revenue Code of 1986.
    (b) In General.--Section 48(a)(3) of the Internal Revenue Code of
1986 (defining energy property) is amended by inserting before the last
sentence the following: ``The term `energy property' includes
distributed power property or combined heat and power system property,
but only if the requirements of subparagraphs (B) and (C) are met with
respect to the property.''.
    (c) Definitions.--Subsection (a) of section 48 of the Internal
Revenue Code of 1986 (related to the energy credit) is amended by
adding at the end the following new paragraphs:
            ``(6) Distributed power property.--The term `distributed
        power property' means property--
                    ``(A) which is used in the generation of
                electricity for primary use--
                            ``(i) in nonresidential real or residential
                        rental property used in the taxpayer's trade or
                        business;
                            ``(ii) in the taxpayer's industrial
                        manufacturing process or plant activity,
                    ``(B) which may also produce usable thermal energy
                or mechanical power for use in heating or cooling
                application, but only if at least 40 percent of the
                total useful energy produced consists of--
                            ``(i) with respect to assets described in
                        subparagraph (A)(i), electrical power (whether
                        sold or used by the taxpayer), or
                            ``(ii) with respect to assets described in
                        subparagraph (A)(ii), electrical power (whether
                        sold or used by the taxpayer) and thermal or
                        mechanical energy used in the taxpayer's
                        industrial manufacturing process or plant
                        activity,
                    ``(C) which is not used to transport primary fuel
                to the generating facility or to distribute energy
                within or outside of the facility, and
                    ``(D) if it is reasonably expected that not more
                than 50 percent of the produced electricity will be
                sold to, or used by, unrelated persons.
            ``(7) Combined heat and power system property.--For
        purposes of this subsection--
                    ``(A) Combined heat and power system property.--The
                term `combined heat and power system property' means
                property comprising a system--
                            ``(i) which uses the same energy source for
                        the simultaneous or sequential generation of
                        electrical power, mechanical shaft power, or
                        both, in combination with the generation of
                        steam or other forms of useful thermal energy
                        (including heating and cooling applications),
                            ``(ii) which has an electrical capacity of
                        more than 50 kilowatts or a mechanical energy
                        capacity of more than 67 horsepower or an
                        equivalent combination of electrical and
                        mechanical energy capacities,
                            ``(iii) which produces--
                                    ``(I) at least 20 percent of its
                                total useful energy in the form of
                                thermal energy, and
                                    ``(II) at least 20 percent of its
                                total useful energy in the form of
                                electrical or mechanical power (or
                                combination thereof), and
                            ``(iv) the energy efficiency percentage of
                        which exceeds 60 percent (70 percent in the
                        case of a system with an electrical capacity in
                        excess of 50 megawatts or a mechanical energy
                        capacity in excess of 67,000 horsepower, or an
                        equivalent combination of electrical and
                        mechanical energy capacities).
                    ``(B) Special rules.--
                            ``(i) Energy efficiency percentage.--For
                        purposes of subparagraph (A)(iv), the energy
                        efficiency percentage of a system is the
                        fraction--
                                    ``(I) the numerator of which is the
                                total useful electrical, thermal, and
                                mechanical power produced by the system
                                at normal operating rates, and
                                    ``(II) the denominator of which is
                                the lower heating value of the primary
                                fuel source for the system.
                            ``(ii) Determinations made on btu basis.--
                        The energy efficiency percentage and the
                        percentages under subparagraph (A)(iii) shall
                        be determined on a Btu basis.
                            ``(iii) Input and output property not
                        included.--The term `combined heat and power
                        system property' does not include property used
                        to transport the energy source to the facility
                        or to distribute energy produced by the
                        facility.
                            ``(iv) Public utility property.--
                                    ``(I) Accounting rule for public
                                utility property.--If the combined heat
                                and power system property is public
                                utility property (as defined in section
                                46(f)(5) as in effect on the day before
                                the date of enactment of the Revenue
                                Reconciliation Act of 1990), the
                                taxpayer may only claim the credit
                                under the subsection if, with respect
                                to such property, the taxpayer uses a
                                normalization method of accounting.
                                    ``(II) Certain exception not to
                                apply.--The matter in paragraph (3)
                                which follows subparagraph (D) shall
                                not apply to combined heat and power
                                system property.''.
    (d) No Carryback of Energy Credit Before Effective Date.--
Subsection (d) of section 39 is amended by adding at the end the
following new paragraph:
            ``(10) No carryback of energy credit before effective
        date.--No portion of the unused business credit for any taxable
        year which is attributable to the portion of the energy credit
        described in paragraph (6) or (7) of section 48(a) may be
        carried back to a taxable year ending before the date of the
        enactment of this paragraph.''.
    (e) Depreciation.--Subparagraph (C) of section 168(e)(3) (relating
to classification of certain property as 7-year property) is amended by
redesignating clause (ii) as clause (iii) and by inserting after clause
(i) the following new clause:
                            ``(ii) any distributed power property (as
                        defined in section 48(a)) or combined heat and
                        power system property (as defined in such
                        section), and''.
    (f) Effective Date.--The amendments made by this title shall apply
to property placed in service after December 31, 2000.

TITLE III--RESEARCH AND DEVELOPMENT OF NEW DISTRIBUTED ENERGY RESOURCE
                              TECHNOLOGIES

SEC. 301. RESEARCH AND DEVELOPMENT OF NEW DISTRIBUTED ENERGY RESOURCE
              TECHNOLOGIES.

    (a) In General.--The Secretary of Energy shall develop and
implement an accelerated comprehensive and cooperative program of
research and development to ensure the reliability, efficiency and
environmental responsibility of Distributed Energy Resources (hereafter
in this section referred to as ``DER''). This research and development
program shall include Advanced Energy Technologies Development,
Advanced Energy Systems Development, Advanced Grid Reliability
Technologies development and Technology Transfer and Education.
    (b) Purposes.--The cooperative research program shall promote and
accelerate research and development for the following purposes:
            (1) Ensure long-term safety, reliability, and service for
        DER.
            (2) Expand the capability of DER to be safely, reliably,
        and with integrity connected to the distribution electric grid.
            (3) Improve the non-renewable technologies ability to
        reduce fossil fuel consumption.
            (4) Minimize the environmental impact of DER technologies.
            (5) Provide highly secure interface systems for command,
        control, and communication of DER technologies with the
        electrical grid.
            (6) Develop technologies that advance and enhance the
        electrical transmission and distribution grid.
            (7) Develop integration techniques and methodologies that
        enhance the electric grid's performance.
    (c) Areas.--(1) In carrying out this act, the Secretary of Energy
shall consider research and development on DER, Advanced Systems
Development, and Advanced Electrical Grid reliability for each of the
following:
            (A) Significant advancement in efficiency for Distributed
        Power Prime Movers.
            (B) Significant advancement in efficiency for thermally
        activated technologies.
            (C) Significant advancement in reduction of environmental
        impact deploying pollution prevention enabling technologies
    (2) The program should include the following areas:
            (A) Interconnection standards, protocols, and equipment.
            (B) Microturbines.
            (C) Fuel cells.
            (D) Combined heat and power systems.
            (E) Advanced internal combustion engine generators.
            (F) Advanced natural gas turbines.
            (G) Energy storage devices.
            (H) Ancillary equipment for dispatch and control.
    (d) Points of Contact.--
            (1) In general.--To coordinate and implement the research
        and development programs and activities authorized under this
        Act--
                    (A) the Secretary of Energy shall designate, as the
                point of contact for the Department of Energy, an
                officer of the Department of Energy who has been
                appointed by the President and confirmed by the Senate;
                and
                    (B) the Administrator of the Environmental
                Protection Agency shall designate, as the point of
                contact for the Environmental Protection Agency, an
                officer of the Environmental Protection Agency.
            (2) Duties.--The point of contact for the Department of
        Energy shall have the primary responsibility for coordinating
        and overseeing the implementation of the research, development,
        and field evaluation program plan. The point of contact for the
        Environment Protection Agency shall have the responsibility for
        coordinating the Environmental Protection Agency's input to the
        research, development and field evaluation of those elements of
        the program that impact the directive of the Agency under the
        Clean Air Act. The primary point of contact shall be
        responsible in arranging cooperative agreements for research,
        development and Field evaluation involving respective
        departments, national laboratories, universities, industry
        research organizations and industry.
            (3) Research and development program plan.--Within 120 days
        after the date of enactment of this Act, the Secretary of
        Energy shall prepare and submit to Congress a 6-year program
        plan to guide activities under this Act. In preparing the
        program plan, the Secretary shall consult with appropriate
        representatives of the DER industry to select and prioritize
        appropriate project proposals. The Secretary may also seek the
        advice of utilities, energy services providers, manufacturers,
        institutions of higher learning, Federal agencies, national
        laboratories, State energy officials, State regulatory
        officials, environmental organizations, and professional and
        technical societies. In order to ensure that technologies are
        readily adopted by private entities, the Secretary shall create
        cost-sharing programs with private entities.
    (e) Implementation.--
            (1) Report to congress.--Two years after the enactment of
        this Act and at two year intervals thereafter, the Secretary,
        jointly with the Administrator of the Environmental Protection
        Agency, shall submit a report to Congress describing the
        progress made to achieve the purposes of this Act and
        identifying any additional resources needed to continue the
        rapid development and deployment of DER.
            (2) Authorization of appropriations.--
                    (A) There are authorized to be appropriated to the
                Secretary of Energy for carrying out this Act
                $236,000,000, for each of the fiscal years 2002 through
                2007.
                    (B) There are authorized to be appropriated to the
                Administrator of the Environmental Protection Agency
                for carrying out this Act such sums as may be necessary
                for each of the fiscal years 2002 through 2007.

Output: Energy Self-Sufficiency Act for the 21st Century - Requires a utility distribution company to interconnect its local utility distribution facilities with, and provide service to, a distributed generation facility, if the facility owner or operator: (1) complies with a final rule promulgated by the Federal Energy Regulatory Commission (FERC) that establishes safety, reliability, and power quality standards for such a facility; and (2) pays the just, reasonable, and non-discriminatory costs directly related to such interconnection and service.Requires FERC to establish an advisory commission to make recommendations regarding promulgation of such a rule.Amends the Internal Revenue Code to extend the energy tax credit to distributed energy resources property placed in service during the taxable year, including distributed power property and combined heat and power system property.Instructs the Secretary of Energy to implement an accelerated cooperative research and development program to ensure reliability, efficiency, and environmental responsibility of Distributed Energy Resources, including: (1) Advanced Energy Technologies and Systems Development; (2) Advanced Grid Reliability Technologies development; and (3) Technology Transfer and Education.Directs the Secretary to develop and submit to Congress a six-year research and development program plan.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Women Veterans Health Assessment Act
of 1996''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) Health care for veterans has traditionally been
        considered in terms of male veterans.
            (2) Women constitute nearly 5 percent of the total veteran
        population, a percentage that is growing.
            (3) There are currently 1,200,000 female veterans in the
        United States, a number which is steadily increasing.

SEC. 3. REPORT ON WOMEN'S HEALTH CARE AND RESEARCH.

    (a) In General.--Not later than January 1, 1999, the Secretary of
Veterans Affairs shall submit to the Committees on Veterans' Affairs of
the Senate and House of Representatives a report on the provision of
health care services and the conduct of research carried out by, or
under the jurisdiction of, the Secretary relating to women veterans.
The report shall be prepared through the Center for Women Veterans
established under section 318 of title 38, United States Code, which
shall prepare the report in consultation with the Advisory Committee on
Women Veterans established under section 542 of that title.
    (b) Contents.--The report under subsection (a) shall include the
following information:
            (1) The number of women veterans who have received general
        health care services and the number who have received gender-
        specific health care services in facilities under the
        jurisdiction of the Secretary (or the Secretary of Defense),
        shown by reference to the Department facility which provided
        (or, in the case of Department of Defense facilities, arranged
        for) those services.
            (2) A description of--
                    (A) the services provided at each such facility;
                    (B) the type and amount of services provided by
                such personnel, including information on the numbers of
                inpatient stays and the number of outpatient visits
                through which such services were provided; and
                    (C) the extent to which each such facility relies
                on contractual arrangements under section 1703 or 8153
                of title 38, United States Code, to furnish care to
                women veterans in facilities which are not under the
                jurisdiction of the Secretary where the provision of
                such care is not furnished in a medical emergency.
            (3) The steps taken by each such facility to expand the
        provision of services at such facility (or under arrangements
        with the Department of Defense facility) to women veterans.
            (4) A description of the personnel of the Department who
        provided such services to women veterans, including the number
        of employees (including both the number of individual employees
        and the number of full-time employee equivalents) and the
        professional qualifications or specialty training of such
        employees and the Department facilities to which such personnel
        were assigned.
            (5) A description of any actions taken by the Secretary to
        ensure the retention of the personnel described in paragraph
        (4) and any actions undertaken to recruit such additional
        personnel or personnel to replace such personnel.
            (6) An assessment by the Secretary of any difficulties
        experienced by the Secretary in the furnishing of such services
        and the actions taken by the Secretary to resolve such
        difficulties.
            (7) A description (as of October 1 of the year preceding
        the year in which the report is submitted) of the status of any
        research relating to women veterans being carried out by or
        under the jurisdiction of the Secretary.
            (8) A description of the actions taken by the Secretary to
        foster and encourage the expansion of such research.
            (9) A description of any psychological intimidation of
        women veterans who seek health care from the Department,
        together with the relative prevalence of diagnosis referred to
        as the ``it's all in your head'' syndrome.
            (10) A description of the range in ages for women veterans
        who seek care at Department medical facilities, together with a
        determination as to whether younger women veterans (women in
        their fifties) are more likely, or less likely, to seek care at
        Department medical facilities than older women veterans (women
        in their seventies).
            (11) A description of deficiencies relating to patient
        privacy for women veterans in Department medical facilities.
            (12) A description of any difficulty experienced by the
        Secretary in compiling any of the information required for the
        submission of such report.

SEC. 4. POPULATION STUDY.

    (a) Study.--The Secretary of Veterans Affairs, subject to
subsection (f), shall conduct a study to determine the needs of women
veterans for health care services. The study shall be carried out
through the Center for Women Veterans.
    (b) Consultation.--Before carrying out the study, the Secretary
shall request the advice of the Advisory Committee on Women Veterans on
the conduct of the study.
    (c) Persons To Be Included in Sample of Veterans Studied.--The
study shall be based on--
            (1) an appropriate sample of veterans who are women; and
            (2) an examination of the medical and demographic histories
        of the women comprising such sample.
    (d) Reports.--The Secretary shall submit to the Committees on
Veterans' Affairs of the Senate and House of Representatives reports
relating to the study as follows:
            (1) Not later than January 1, 1998, an interim report
        describing (A) the information and advice obtained by the
        Secretary from the Advisory Committee on Women Veterans, and
        (B) the status of the study.
            (2) Not later than January 1, 2000, a final report
        describing the results of the study.

Output:
Women Veterans Health Assessment Act of 1996 - Directs the Secretary of Veterans Affairs to report to the congressional veterans' committees on the provision of health care services to, and the conduct of research carried out by the Secretary for, women veterans.
Directs the Secretary to study and report to such committees on the needs of women veterans for health care services.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Health Insurance Certificate Act of
2003''.

SEC. 2. ESTABLISHMENT OF PROGRAM.

    (a) In General.--The Secretary of Health and Human Services (in
this Act referred to as the ``Secretary'') shall establish a program
for the issuance to eligible individuals of health insurance
certificates which may be applied towards the cost of purchasing
qualified health insurance coverage for such individuals and family
members. The issuance of such certificates for any fiscal year is
limited to the amount appropriated under subsection (f) for such fiscal
year.
    (b) Eligibility.--
            (1) In general.--For purposes of this Act, the terms
        ``eligible individual'' and ``qualified family member'' mean,
        with respect to a month, an adult or family member,
        respectively, who--
                    (A) is a citizen or national of the United States
                or an alien permanently residing lawfully in the United
                States as of the first day of the month;
                    (B) is under 65 years of age as of the last day of
                the month; and
                    (C) is not eligible to be covered under public
                coverage described in paragraph (3) as of the first day
                of the month.
            (2) No certificate for covered family members.--
                    (A) In general.--No certificate shall be issued
                under this section to a member of the family of a
                principal eligible individual if the family member is
                covered under the qualified health insurance coverage
                covering the principal eligible individual.
                    (B) Member of family.--For purposes of this Act,
                the term ``member of family'' has the meaning given
                such term under section 8901(5) of title 5, United
                States Code.
                    (C) Spouse.--For purposes of this Act, the term
                ``married'' and ``spouse'' shall have the meaning given
                such term for purposes of chapter 89 of title 5, United
                States Code.
                    (D) No duplication.--In no case may the certificate
                value of more than one certificate take into account
                any member of a family and, with respect to an eligible
                individual, no more than 2 member of the individual's
                family (other than the spouse of the individual) shall
                be taken into account.
            (3) Exclusion for those eligible for coverage under public
        program.--Subject to paragraph (4), an individual is not an
        eligible individual as of the first day of a month if such
        individual is eligible to be covered as of such day under any
        medical care program described in--
                    (A) title XVIII, XIX, or XXI of the Social Security
                Act;
                    (B) chapter 55 of title 10, United States Code;
                    (C) chapter 17 of title 38, United States Code;
                    (D) chapter 89 of title 5, United States Code; or
                    (E) the Indian Health Care Improvement Act.
            (4) Treatment of cobra continuation coverage.--In the case
        of continuation coverage under a group health plan which is
        required to be provided by Federal law for an individual during
        the period specified in section 602(2) of the Employee
        Retirement Income Security Act of 1974, section 4980B(f)(2)(B)
        of the Internal Revenue Code of 1986, or section 2202(2) of the
        Public Health Service Act, or coverage under chapter 89 of
        title 5, United States Code which is required to be provided
        under section 8905a of title 5, United States Code, paragraph
        (3) shall not apply with respect to such continuation coverage
and the coverage shall be treated as qualified health insurance
coverage.
    (c) Health Insurance Certificates.--
            (1) In general.--The Secretary shall design health
        insurance certificates to be in a form so that, when presented
        to the issuer of a qualified health insurance coverage, the
        issuer may secure directly from the Secretary the value
        specified in the certificate towards the cost of purchasing
        such coverage. Once paid, the Secretary may not seek
        reimbursement from the issuer if there is a finding that any
        relevant information provided by an individual was incorrect. A
        certificate is issued with respect to the costs of obtaining
        health insurance coverage in a year for a specified eligible
        individual (and family members) and may not be used for such
        coverage in any other period.
            (2) Limitation.--In no case shall the value of the
        certificate, as applied with respect to health insurance
        coverage, be applied towards an amount that exceeds--
                    (A) 70 percent of the premium for coverage for the
                period involved, or
                    (B) in the case of a certificate described in
                subsection (d)(2), 70 percent of the employee's premium
                for coverage under the group health plan involved.
            (3) Form of certificate.--A health insurance certificate
        for a year shall be valued and paid as follows:
                    (A) Value.--The value of the certificate for a year
                shall be determined based upon a methodology for
                determining income specified by the Secretary that is
                similar to that applied for purposes of determining
                eligibility on the basis of income under needs-based
                Federal programs and that may be based on the standards
                used under section 1612 for purposes of the
                supplemental security income program. Such methodology
                under this section may allow for use of both a Federal
                methodology and alternate State methodologies where the
                Secretary deems appropriate for ease of administration
                and coordination of programs. The Secretary may provide
                for self-certification of information by individuals
                where the Secretary deems appropriate for
                administration of the program.
                    (B) Availability of group health plan coverage.--If
                an individual is (for the individual or for the
                individual's family members) eligible for coverage
                under a group health plan and the premium charged the
                individual for such coverage does not exceed 50 percent
                of the cost of coverage, such an individual is eligible
                only for a certificate under section (d)(2) and not
                under subsection (d)(1).
                    (C) Minimum threshold for issuance of
                certificate.--No health insurance certificate shall be
                issued under this section where the annualized value of
                the certificate is less than $200.
    (d) Value of Certificate.--
            (1) In general.--The annualized value of a health insurance
        certificate for an eligible individual shall be determined as
        follows (and applied on a monthly basis based on \1/12\ of such
        annualized value):
                    (A) Unmarried individual with no dependent family
                members.--Subject to subparagraph (C)(i), in the case
                of an eligible individual who is not married, who has
                no dependent family members, who has qualified health
                insurance coverage, and whose income--
                            (i) is $13,000 or less, the annualized
                        value of the certificate is $1,000; or
                            (ii) exceeds $13,000, the annualized value
                        of the certificate be equal to $1,000 minus 15
                        percent of such amount for every $1000 of the
                        amount by which such income exceeds $12,001.
                    (B) Individual with dependent family members.--
                Subject to subparagraph (C)(ii), in the case of an
                eligible individual who has dependent family members
                and who has qualified health insurance coverage that
                covers the individual, such family members, or both, if
                the family's income--
                            (i) is $25,000 or less, the annualized
                        value of the certificate is the sum of--
                                    (I) $1,000, for the individual;
                                    (II) $750, if such a family member
                                is the individual's spouse; and
                                    (III) $500 for each other family
                                member, but not to exceed a total of
                                $1,000 under this subclause; or
                            (ii) exceeds $25,000, the annualized value
                        of the certificate shall be the amount
                        determined under clause (i) minus 10 percent of
                        such amount for each $1,000 by which such
                        income exceeds $24,001.
                Each of two eligible individuals who are married to
                each other may receive the appropriate amount
                designated for an individual, as opposed to the amount
                designated for a spouse, where they choose separate
                insurance coverage.
                    (C) Application of assets test.--
                            (i) Self only coverage.--In the case of an
                        individual described in clause (i) or (ii) of
                        subparagraph (A) whose resources (as determined
                        under a methodology that is similar to the
                        methodology under section 1613 for purposes of
                        the supplemental security income program)
                        exceed $12,500, the annualized value of the
                        certificate shall be 0.
                            (ii) Self and family coverage.--In the case
                        of an individual described in clause (i) or
                        (ii) of subparagraph (B) whose family resources
                        (as determined under a methodology that is
                        similar to the methodology under section 1613
                        for purposes of the supplemental security
                        income program) exceed $20,000, the annualized
                        value of the certificate shall be 0.
                    (D) Rounding.--Any amount determined under
                subparagraph (A) or (B) which is not a multiple of $12
                shall be rounded to the next lowest $12.
            (2) Certificates for use in group health plans.--In the
        case of an eligible individual who is covered under a group
        health plan--
                    (A) subparagraph (C) of subsection (b)(1) shall not
                apply;
                    (B) the exclusion with respect to such coverage
                under subsection (e)(2)(C) shall not apply;
                    (C) the value of the certificate shall be 40
                percent of the value determined otherwise determined
                under paragraph (1) (before the application of
                subparagraph (D) thereof); and
                    (D) certificates under this paragraph may be used
                for qualified health insurance under any group health
                plan available to any family member by virtue of that
                member's employment status.
    (e) Qualified Health Insurance Coverage.--For purposes of this
section--
            (1) In general.--The term ``qualified health insurance
        coverage'' means health benefits coverage (including individual
        health insurance coverage or coverage through a State high risk
        pool) that is creditable coverage (as defined in section
        2701(c)(1) of the Public Health Service Act), which does not
        consist entirely of excepted benefits (as defined in section
        2791(c) of such Act).
            (2) Exception.--The term `qualified health insurance
        coverage' does not include--
                    (A) a flexible spending or similar arrangement;
                    (B) any insurance if substantially all of its
                coverage is of excepted benefits described in section
                9832(c) of the Internal Revenue Code of 1986;
                    (C) except as provided in subsection (d)(2),
                insurance provided through any group health plan
                related to employment, other than COBRA continuation
                coverage; or
                    (D) any medical program described in section
                2(b)(3).
    (f) Authorization of Appropriations.--To carry out this section and
section 2745 of the Public Health Service Act (as amended by section
3), there are authorized to be appropriated such sums as may be
necessary not to exceed--
            (1) $28,457,000,000 for the period of fiscal years 2004
        through 2008; and
            (2) $49,965,000,000 for the period of fiscal years 2004
        through 2013.

SEC. 3. EXTENSION OF FUNDING FOR OPERATION OF STATE HIGH RISK HEALTH
              INSURANCE POOLS.

    Section 2745 of the Public Health Service Act, as inserted by
section 201 of the Trade Act of 2002 (Public Law 107-210), is amended--
            (1) in subsection (b)(1), by striking ``established a
        qualified health risk pool that'' and all that follows through
        the end of subparagraph (C) and inserting ``established a
        qualified health risk pool that provides for premium rates and
        covered benefits for such coverage consistent with standards
        included in the NAIC Model Health Plan for Uninsurable
        Individuals'';
            (2) in subsection (b)(2), by striking ``number of uninsured
        individuals'' and inserting ``enrollees in qualified high risk
        pools''; and
            (3) in subsection (c)(2), by striking ``$40,000,000 for
        each of fiscal years 2003 and 2004'' and inserting
        ``$40,000,000 for fiscal year 2003 and, subject to availability
        of funds under section 2(f) of the Health Insurance Certificate
        Act of 2003, $75,000,000 for each of fiscal years 2004 through
        2009''.

Output:
Health Insurance Certificate Act of 2003 - Directs the Secretary of Health and Human Services to establish a program for the issuance to eligible individuals of health insurance certificates to be applied towards the cost of qualified health insurance coverage for such individuals and family members. Declares that no certificate shall be issued to a family member who is covered under the eligible individual's qualified health insurance coverage. Prohibits more than one certificate from being used for any one person. States that a certificate may be used for a spouse and up to two other family members.

Excludes an individual from counting as an eligible individual if such individual is eligible to be covered under any of specified medical programs (not counting Cobra continuation coverage).

Declares that in no case shall the value of a certificate be applied towards an amount that exceeds 70 percent of the premium for coverage for a given period or 70 percent of an employee's premium for coverage under a group health plan.

Sets forth procedures for calculating the value of certificates. Sets forth rules to cover certificates used to purchase coverage in group health plans.

Amends the Public Health Service Act to extend funding for the operation of State high risk health insurance pools.


Input:
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Military Pain Care
Act of 2008''.
    (b) Table of Contents.--The table of contents of this Act is as
follows:

Sec. 1. Short title and table of contents.
Sec. 2. Findings.
Sec. 3. Pain care initiative in military health care facilities.
Sec. 4. Pain care standards in TRICARE plans.
Sec. 5. Report of Comptroller General.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Acute and chronic pain are prevalent conditions among
        active duty and retired military personnel.
            (2) Characteristics of modern warfare, including the use of
        improvised explosive devices, produce substantial numbers of
        battlefield casualties with significant damage to both the
        central and peripheral nervous systems.
            (3) The successes of military health care both on and off
        the battlefield result in high survival rates of severely
        injured military personnel who will be afflicted with
        significant pain disorders on either an acute or chronic basis.
            (4) Failure to treat acute pain promptly and appropriately
        at the time of injury, during initial medical and surgical
        care, and at the time of transition to community-based care,
        contributes to the development of long-term chronic pain
        syndromes, in some cases accompanied by long-term mental health
        and substance abuse disorders.
            (5) Pain is a leading cause of short- and long-term
        disability among military personnel.
            (6) The military health care systems have implemented
        important pain care programs at some facilities and in some
        areas, but comprehensive pain care is not consistently provided
        on a uniform basis throughout the systems to all patients in
        need of such care.
            (7) Inconsistent and ineffective pain care leads to pain-
        related impairments, occupational disability, and medical and
        mental complications with long-term costs for the military
        health and disability systems, and for society at large.
            (8) Research, diagnosis, treatment, and management of acute
        and chronic pain in the active duty and retired military
        populations constitute health care priorities of the United
        States.

SEC. 3. PAIN CARE INITIATIVE IN MILITARY HEALTH CARE FACILITIES.

    (a) Requirement.--
            (1) In general.--Chapter 55 of title 10, United States
        Code, is amended by adding at the end the following new
        section:
``Sec. 1110a. Pain care
    ``(a) Pain Care Initiative Requirement.--The Secretary of Defense,
in coordination with the Secretary of Veterans Affairs, the Secretary
of Health and Human Services, and the Surgeon General of the United
States, shall develop and implement a pain care initiative in all
health care facilities of the uniformed services.
    ``(b) Matters Covered.--(1) The initiative shall be designed to
ensure that all active and retired members of the uniformed services
and their dependents receiving treatment in health care facilities of
the uniformed services--
            ``(A) are assessed for pain at the time of admission or
        initial treatment, and periodically thereafter, using a
        professionally recognized pain assessment tool or process; and
            ``(B) receive appropriate pain care consistent with
        recognized means for assessment, diagnosis, treatment and
        management of acute and chronic pain, including, in appropriate
        cases, access to specialty pain management services.
    ``(2) The initiative shall include the training and deployment of
acute pain personnel and services at all Level III care facilities,
and, to the extent feasible, on the battlefield.
    ``(c) Implementation.--The Secretary of Defense shall implement the
pain care initiative--
            ``(1) in the case of inpatient care, not later than 12
        months after the date of the enactment of this section; and
            ``(2) in the case of outpatient care, not later than 18
        months after the date of the enactment of this section.''.
            (2) Clerical amendment.--The table of sections at the
        beginning of such chapter is amended by adding at the end the
        following new item:

``1110a. Pain care.''.
    (b) Report.--Not later than nine months after the date of the
enactment of this Act, the administering Secretaries (as defined in
section 1072(3) of title 10, United States Code), shall submit to the
congressional defense committees a report on the status of the
development and implementation of the pain care initiative required
under section 1110a of title 10, United States Code, as added by
subsection (a).

SEC. 4. PAIN CARE STANDARDS IN TRICARE PLANS.

    (a) In General.--Section 1097 of title 10, United States Code, is
amended by adding at the end the following new subsection:
    ``(f) Pain Care Standards.--(1) Any contract entered into under
this section shall include the provision of appropriate care for the
treatment of patients in pain that--
            ``(A) is consistent with recognized means for assessment,
        diagnosis, treatment, and management of acute and chronic pain;
            ``(B) includes evaluation and treatment of accompanying
        illnesses, including depression, other mental health disorders,
        sleep disturbance, and substance abuse;
            ``(C) provides medical and other health services through
        physicians and other practitioners appropriately credentialed
        or experienced in pain management;
            ``(D) provides for referral of patients with chronic pain
        to specialists, and, in appropriate cases, to a comprehensive
        multidisciplinary pain management program;
            ``(E) continues treatment for as long as treatment is
        required to maximize the quality of life and functional
        capacity of the patient; and
            ``(F) permits physicians and other practitioners
        appropriately credentialed or experienced in pain management to
        make clinical decisions with respect to the need for and the
        extent and duration of pain care services.
    ``(2) In this subsection:
            ``(A) The term `chronic pain' means severe, persistent, or
        recurrent pain, regardless of causation or body location, that
        interferes with the activities of daily living, and has not
        been significantly reduced or ameliorated despite reasonable
        treatment efforts.
            ``(B) The term `comprehensive multidisciplinary pain
        management program' means an inpatient or outpatient health
        care facility or program that--
                    ``(i) provides at least medical, nursing, mental
                health, and rehabilitation services through licensed
                health care professionals;
                    ``(ii) provides or arranges for the provision of
                inpatient and outpatient hospital and rehabilitation
                facility services, drugs, devices, and other items and
                services required for the treatment of chronic pain;
                    ``(iii) provides ongoing patient and professional
                education for pain management;
                    ``(iv) is accredited as a comprehensive pain
                management program by an accrediting organization
                approved by the Secretary, including the Joint
                Commission on the Accreditation of Health Care
                Organizations or the Rehabilitation Accreditation
                Commission; and
                    ``(v) is directed by one or more physicians
                credentialed in pain management (or, in appropriate
                cases, dentistry) by a board or boards approved by the
                Secretary, which shall include the American Board of
                Pain Medicine and boards recognized by the American
                Board of Medical Specialties.
    ``(3) Compliance.--A contractor may comply with the requirements
set forth in this subsection by providing care through its own network
of participating providers, or under arrangement with out-of-network
providers, but in no event may a contractor impose higher costs on its
enrollees in the form of deductibles, copayments, premiums, or
otherwise, in the event appropriate pain care in accordance with the
standards set forth in this subsection is provided out-of-network.''.
    (b) Effective Date.--The amendment made by subsection (a) shall
apply to contracts entered into on or after the date occurring one year
after the date of the enactment of this Act.

SEC. 5. REPORT OF COMPTROLLER GENERAL.

    (a) Report.--The Comptroller General shall conduct a study of, and
deliver to the congressional defense committees not later than six
months after the date of the enactment of this Act a report on, the
adequacy of pain care in the health care facilities, services, and
programs of the Department of Defense.
    (b) Purposes.--The purposes of the study and report shall be to
evaluate the consistency, across programs, facilities, relevant
demographic groups, and geographic regions, with which--
            (1) patients are initially assessed and periodically
        reassessed for pain;
            (2) both acute and chronic pain are promptly and
        appropriately diagnosed, treated, and managed;
            (3) patients and their families or other caregivers are
        included as active participants in pain management;
            (4) pain care is provided in a comprehensive and
        interdisciplinary manner where appropriate; and
            (5) health care professionals in military facilities are
        adequately trained in pain management.
    (c) Authorization of Appropriations.--For purposes of carrying out
this section, there is authorized to be appropriated such sums as may
be necessary for fiscal years 2009 through 2011.

Output:
Military Pain Care Act of 2008 - Directs the Secretaries of Defense, Veterans Affairs, and Health and Human Services and the Surgeon General of the United States to develop and implement a pain care initiative in all military health care facilities. Requires the initiative to ensure that all active and retired military personnel and dependents receiving treatment in military health care facilities: (1) are assessed for pain at the time of admission or initial treatment, and periodically thereafter, using a professionally recognized pain assessment tool or process; and (2) receive appropriate pain care consistent with recognized means for assessment, diagnosis, treatment, and management of acute and chronic pain, including, as appropriate, access to specialty pain management services.

Requires: (1) Department of Defense (DOD) contracts for medical care for military retirees, dependents, and survivors to include the provision of appropriate care for the treatment of pain; and (2) a Comptroller General study on the adequacy of pain care in DOD health care facilities, services, and programs.


Input:
SECTION 1. UPDATED OR NEW MOTOR VEHICLE SAFETY STANDARDS FOR HIGHLY
              AUTOMATED VEHICLES.

    (a) Amendment.--Chapter 301 of subtitle VI of title 49, United
States Code, is amended by inserting after section 30128 the following
new section:
``Sec. 30129. Updated or new motor vehicle safety standards for highly
              automated vehicles
    ``(a) Safety Assessment Certification.--
            ``(1) Final rule.--Not later than 24 months after the date
        of the enactment of this section, the Secretary of
        Transportation shall issue a final rule requiring the
        submission of safety assessment certifications regarding how
        safety is being addressed by each entity developing a highly
        automated vehicle or an automated driving system. Such rule
        shall include--
                    ``(A) a specification of which entities are
                required to submit such certifications;
                    ``(B) a clear description of the relevant test
                results, data, and other contents required to be
                submitted by such entity, in order to demonstrate that
                such entity's vehicles are likely to maintain safety,
                and function as intended and contain fail safe
                features, to be included in such certifications; and
                    ``(C) a specification of the circumstances under
                which such certifications are required to be updated or
                resubmitted.
            ``(2) Interim requirement.--Until the final rule issued
        under paragraph (1) takes effect, safety assessment letters
        shall be submitted to the National Highway Traffic Safety
        Administration as contemplated by the Federal Automated
        Vehicles Policy issued in September 2016, or any successor
        guidance issued on highly automated vehicles requiring a safety
        assessment letter.
            ``(3) Periodic review and updating.--Not later than 5 years
        after the date on which the final rule is issued under
        paragraph (1), and not less frequently than every 5 years
        thereafter, the Secretary shall--
                    ``(A) review such rule; and
                    ``(B) update such rule if the Secretary considers
                it necessary.
            ``(4) Rules of construction.--
                    ``(A) No conditions on deployment.--Nothing in this
                subsection may be construed to limit or affect the
                Secretary's authority under any other provision of law.
                The Secretary may not condition deployment or testing
                of highly automated vehicles on review of safety
                assessment certifications.
                    ``(B) No new authorities.--No new authorities are
                granted to the Secretary under this section other than
                the promulgation of the rule pursuant to paragraph (1).
    ``(b) Review and Research.--To accommodate the development and
deployment of highly automated vehicles and to ensure the safety and
security of highly automated vehicles and motor vehicles and others
that will share the roads with highly automated vehicles, not later
than 180 days after the date of the enactment of this section, the
Secretary shall--
            ``(1) initiate or continue a review of the Federal motor
        vehicle safety standards in effect on such date of enactment;
        and
            ``(2) initiate or continue research regarding new Federal
        motor vehicle safety standards.
    ``(c) Rulemaking and Safety Priority Plan.--
            ``(1) In general.--Not later than 1 year after the date of
        enactment of this section, the Secretary shall make available
        to the public and submit to the Committee on Energy and
        Commerce of the House of Representatives and the Committee on
        Commerce, Science, and Transportation of the Senate a
        rulemaking and safety priority plan, as necessary to
        accommodate the development and deployment of highly automated
        vehicles and to ensure the safety and security of highly
        automated vehicles and motor vehicles and others that will
        share the roads with highly automated vehicles, to--
                    ``(A) update the motor vehicle safety standards in
                effect on such date of enactment;
                    ``(B) issue new motor vehicle safety standards; and
                    ``(C) consider how objective ranges in performance
                standards could be used to test motor vehicle safety
                standards, which safety standards would be appropriate
                for such testing, and whether additional authority
                would facilitate such testing.
            ``(2) Inclusion of priorities.--
                    ``(A) Priorities.--The plan required by paragraph
                (1) shall detail the overall priorities of the National
                Highway Traffic Safety Administration for the 5 years
                following the issuance of the plan, including both
                priorities with respect to highly automated vehicles
                and priorities with respect to other safety initiatives
                of the Administration, in order to meet the Nation's
                motor vehicle safety challenges.
                    ``(B) Identification of elements that may require
                standards.--For highly automated vehicles, the National
                Highway Traffic Safety Administration should identify
                elements that may require performance standards
                including human machine interface and sensors and
                actuators, and consider process and procedure standards
                for software and cybersecurity as necessary.
            ``(3) Periodic updating.--The plan required by paragraph
        (1) shall be updated every 2 years, or more frequently if the
        Secretary considers it necessary.
    ``(d) Rulemaking Proceedings on Updated or New Motor Vehicle Safety
Standards.--
            ``(1) In general.--Not later than 18 months after the date
        of enactment of this section, the Secretary shall initiate the
        first rulemaking proceeding in accordance with the rulemaking
        and safety priority plan required by subsection (c).
            ``(2) Prioritization of subsequent proceedings.--The
        Secretary shall continue initiating rulemaking proceedings in
        accordance with such plan. The Secretary may change at any time
        those priorities to address matters the Secretary considers of
        greater priority. If the Secretary makes such a change, the
        Secretary shall complete an interim update of the priority
        plan, make such update available to the public, and submit such
        update to the Committee on Energy and Commerce of the House of
        Representatives and the Committee on Commerce, Science, and
        Transportation of the Senate.''.
    (b) Clerical Amendment.--The analysis for chapter 301 of subtitle
VI of title 49, United States Code, is amended by inserting after the
item relating to section 30128 the following new item:

        ``30129. Updated or new motor vehicle safety standards for
                            highly automated vehicles.''.
    (c) Definitions.--Section 30102 of title 49, United States Code, is
amended--
            (1) in subsection (a)--
                    (A) by redesignating paragraphs (1) through (13) as
                paragraphs (2), (3), (4), (5), (8), (9), (10), (11),
                (12), (13), (15), (16), and (17), respectively;
                    (B) by inserting before paragraph (2) (as so
                redesignated) the following:
            ``(1) `automated driving system' means the hardware and
        software that are collectively capable of performing the entire
        dynamic driving task on a sustained basis, regardless of
        whether such system is limited to a specific operational design
        domain.'';
                    (C) by inserting after paragraph (5) (as so
                redesignated) the following:
            ``(6) `dynamic driving task' means all of the real time
        operational and tactical functions required to operate a
        vehicle in on-road traffic, excluding the strategic functions
        such as trip scheduling and selection of destinations and
        waypoints, and including--
                    ``(A) lateral vehicle motion control via steering;
                    ``(B) longitudinal vehicle motion control via
                acceleration and deceleration;
                    ``(C) monitoring the driving environment via object
                and event detection, recognition, classification, and
                response preparation;
                    ``(D) object and event response execution;
                    ``(E) maneuver planning; and
                    ``(F) enhancing conspicuity via lighting,
                signaling, and gesturing.
            ``(7) `highly automated vehicle'--
                    ``(A) means a motor vehicle equipped with an
                automated driving system; and
                    ``(B) does not include a commercial motor vehicle
                (as defined in section 31101).''; and
                    (D) by inserting after paragraph (13) (as so
                redesignated) the following:
            ``(14) `operational design domain' means the specific
        conditions under which a given driving automation system or
        feature thereof is designed to function.''; and
            (2) by adding at the end the following:
    ``(c) Revisions to Certain Definitions.--
            ``(1) If SAE International (or its successor organization)
        revises the definition of any of the terms defined in paragraph
        (1), (6), or (14) of subsection (a) in Recommended Practice
        Report J3016, it shall notify the Secretary of the revision.
        The Secretary shall publish a notice in the Federal Register to
        inform the public of the new definition unless, within 90 days
        after receiving notice of the new definition and after opening
        a period for public comment on the new definition, the
        Secretary notifies SAE International (or its successor
        organization) that the Secretary has determined that the new
        definition does not meet the need for motor vehicle safety, or
        is otherwise inconsistent with the purposes of this chapter. If
        the Secretary so notifies SAE International (or its successor
        organization), the existing definition in subsection (a) shall
        remain in effect.
            ``(2) If the Secretary does not reject a definition revised
        by SAE International (or its successor organization) as
        described in paragraph (1), the Secretary shall promptly make
        any conforming amendments to the regulations and standards of
        the Secretary that are necessary. The revised definition shall
        apply for purposes of this chapter. The requirements of section
        553 of title 5 shall not apply to the making of any such
        conforming amendments.
            ``(3) Pursuant to section 553 of title 5, the Secretary may
        update any of the definitions in paragraph (1), (6), or (14) of
        subsection (a) if the Secretary determines that materially
        changed circumstances regarding highly automated vehicles have
        impacted motor vehicle safety such that the definitions need to
        be updated to reflect such circumstances.''.

SEC. 2. HEADLAMPS.

    (a) Safety Research Initiative.--Not later than 2 years after the
date of enactment of this Act, the Secretary of Transportation shall
complete research into the development of updated motor vehicle safety
standards or performance requirements for motor vehicle headlamps that
would improve the performance of headlamps and improve overall safety.
    (b) Rulemaking or Report.--
            (1) Rulemaking.--After the completion of the research
        required by subsection (a), the Secretary shall initiate a
        rulemaking proceeding to revise the motor vehicle safety
        standards regarding headlamps if the Secretary determines that
        a revision of the standards meets the requirements and
        considerations set forth in subsections (a) and (b) of section
        30111 of title 49, United States Code.
            (2) Report.--If the Secretary determines that a revision to
        the standard described in paragraph (1) does not meet the
        requirements and considerations set forth in such subsections,
        the Secretary shall submit a report describing the reasons for
        not revising the standard to the Committee on Energy and
        Commerce of the House of Representatives and the Committee on
        Commerce, Science, and Transportation of the Senate.

Output: This bill directs the Department of Transportation (DOT) to issue a final rule requiring the submission of safety assessment certifications for highly automated vehicles or automated driving systems. DOT shall make available to the public and submit to Congress a rulemaking and safety priority plan to accommodate the development and deployment of highly automated vehicles and to ensure their safety and security.  DOT shall: (1) initiate the first rulemaking proceeding for the rulemaking and safety priority plan within 18 months of this bill's enactment, and (2) complete research into the development of updated safety standards or performance requirements for motor vehicle headlamps within two years.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``District of Columbia Mental Health
Civil Commitment Modernization Act of 2004''.

SEC. 2. COMPOSITION, APPOINTMENT, AND ORGANIZATION OF COMMISSION ON
              MENTAL HEALTH.

    (a) In General.--Section 21-502, District of Columbia Official
Code, is amended to read as follows:

``Sec. 21-502. Commission on Mental Health; composition; appointment
            and terms of members; organization; chairperson; salaries

    ``(a) The Commission on Mental Health is continued. The Chief Judge
of the Superior Court of the District of Columbia shall appoint the
members of the Commission, and the Commission shall be composed of 9
members and an alternate chairperson. One member shall be a magistrate
judge of the Court appointed pursuant to title 11, District of Columbia
Official Code, who shall be a member of the bar of the Court and has
engaged in active practice of law in the District of Columbia for a
period of at least 5 years prior to his or her appointment. The
magistrate judge shall be the Chairperson of the Commission and act as
the administrative head of the Commission. The Chairperson shall
preside at all hearings and direct all of the proceedings before the
Commission. Eight members of the Commission shall be psychiatrists or
qualified psychologists, as those terms are defined in section 21-501,
who have not had less than 5 years of experience in the diagnosis and
treatment of mental illness.
    ``(b)(1) Appointment of members of the Commission shall be for
terms of 4 years.
    ``(2) The initial appointment of a psychiatrist or a qualified
psychologist shall be for a probationary period of one year. After the
initial one-year probationary appointment, subsequent appointments of
the psychiatrist or qualified psychologist shall be for terms of 4
years.
    ``(c) The psychiatrist or qualified psychologist members of the
Commission shall serve on a part-time basis and shall be rotated by
assignment of the Chief Judge of the Court, so that at any one time the
Commission shall consist of the Chairperson and 2 members, each of whom
is either a psychiatrist or a qualified psychologist. Members of the
Commission who are psychiatrists or qualified psychologists may
practice their professions during their tenures of office, but may not
participate in the disposition of a case of a person in which they have
rendered professional service or advice.
    ``(d) The Chief Judge of the Court shall appoint a magistrate judge
of the Court to serve as an alternate Chairperson of the Commission.
The alternate Chairperson shall serve on a part time basis and act as
Chairperson in the absence of the permanent Chairperson.
    ``(e) The rate of compensation for the members of the Commission
who are psychiatrists or qualified psychologists shall be fixed by the
Executive Officer of the Court.''.
    (b) Clerical Amendment.--The item relating to section 21-502 in the
table of sections for subchapter I of chapter 5 of title 21, District
of Columbia Official Code, is amended to read as follows:
``21-502. Commission on Mental Health; composition; appointment and
          terms of members; organization; chairperson; salaries.''.
    (c) Effective Date; Transition for Current Members.--The amendments
made by this section shall take effect on the date of the enactment of
this Act, except nothing in this section or the amendments made by this
section may be construed to affect the appointment or term of service
of any individual who serves as a member or alternate member of the
Commission on Mental Health (including an individual who serves as the
Chairperson or alternate Chairperson of the Commission) on such date.

SEC. 3. COMMISSION MEMBERS DEEMED COMPETENT AND COMPELLABLE WITNESSES
              AT MENTAL HEALTH PROCEEDINGS.

    Section 21-503(b), District of Columbia Official Code, is amended
by striking ``The Commission, or any of the members thereof,'' and
inserting ``Commission members who are psychiatrists or qualified
psychologists''.

SEC. 4. DETENTION FOR EMERGENCY OBSERVATION AND DIAGNOSIS.

    Section 21-526, District of Columbia Official Code, is amended by
adding at the end the following new subsections:
    ``(c) The maximum period of time for detention for emergency
observation and diagnosis may be extended for up to 21 days, if
judicial proceedings under subchapter IV of this chapter have been
commenced before the expiration of the order entered under section 21-
524 and a psychiatrist or qualified psychologist has examined the
person who is the subject of the judicial proceedings and is of the
opinion that the person being detained remains mentally ill and is
likely to injure himself or others as a result of the illness unless
the emergency detention is continued. For good cause shown, the Court
may extend the period of detention for emergency observation and
diagnosis. The period of detention for emergency observation and
diagnosis may be extended pursuant to section 21-543(b) or following a
hearing before the Commission pursuant to subsections (d) and (e) of
this section.
    ``(d) If the Commission, at the conclusion of its hearing pursuant
to section 21-542, has found that the person with respect to whom the
hearing was held is mentally ill and, because of the mental illness, is
likely to injure himself or others if not committed, and has concluded
that a recommendation of inpatient commitment is the least restrictive
alternative available to prevent the person from injuring himself or
others, the detention for emergency observation and diagnosis may be
continued by the Department or hospital--
        ``(1) pending the conclusion of judicial proceedings under
    subchapter IV of this chapter;
        ``(2) until the Court enters an order discharging the person;
    or
        ``(3) until the Department or hospital determines that
    continued hospitalization is no longer the least restrictive form
    of treatment appropriate for the person being detained.
    ``(e) If the Commission, at the conclusion of its hearing, finds
that the person is mentally ill, is likely to injure himself or other
persons as a result of mental illness if not committed, and that
outpatient treatment is the least restrictive form of commitment
appropriate, then, within 14 days of the date of the hearing, the
person shall be discharged from inpatient status and shall receive
outpatient mental health services or mental health supports as an
emergency nonvoluntary patient consistent with this subchapter, pending
the conclusion of judicial proceedings under subchapter IV of this
chapter.''.

SEC. 5. REPRESENTATION BY COUNSEL OF PERSONS ALLEGED TO BE MENTALLY
              ILL.

    Section 21-543, District of Columbia Official Code, is amended--
        (1) in subsection (a) (as redesignated by section 2(r)(1) of
    the Mental Health Civil Commitment Act of 2002), by striking the
    last sentence; and
        (2) by adding at the end the following new subsection:
    ``(b) The Commission may not grant a continuance for counsel to
prepare his case for more than 5 days. The Commission may grant
continuances for good cause shown for periods of up to 14 days. If the
Commission grants a continuance, the emergency observation and
detention of the person about whom the hearing is being held shall be
extended for the duration of the continuance.''.

SEC. 6. HEARING AND DETERMINATION ON QUESTION OF MENTAL ILLNESS.

    (a) In General.--Section 21-545, District of Columbia Official
Code, is amended--
        (1) in subsection (a), by striking ``jury trial'' each place it
    appears and inserting ``jury trial or a trial by the Court'';
        (2) by amending subsection (b) to read as follows:
    ``(b)(1) If the Court or jury finds that the person is not mentally
ill or is not likely to injure himself or others as a result of mental
illness, the Court shall dismiss the petition and order the person's
release.
    ``(2) If the Court or jury finds that the person is mentally ill
and, because of that mental illness, is likely to injure himself or
others if not committed, the Court may order the person's commitment to
the Department or to any other facility, hospital, or mental health
provider that the Court believes is the least restrictive alternative
consistent with the best interests of the person and the public. An
order of commitment issued pursuant to this paragraph shall be for a
period of one year.''; and
        (3) by adding at the end the following new subsections:
    ``(c) The psychiatrists and qualified psychologists who are members
of the Commission shall be competent and compellable witnesses at a
hearing or trial held pursuant to this chapter.
    ``(d) The jury to be used in any case where a jury trial is
demanded under this chapter shall be impaneled, upon order of the
Court, from the jurors in attendance upon other branches of the Court,
who shall perform the services in addition to and as part of their
duties in the Court.''.
    (b) Effective Date.--The amendments made by this section shall
apply with respect to trials under section 21-545, District of Columbia
Code, which are initiated on or after the date of the enactment of this
Act.

SEC. 7. RENEWAL OF COMMITMENT STATUS BY COMMISSION.

    (a) In General.--Subchapter IV of chapter 5 of title 21, District
of Columbia Official Code, is amended by inserting after section 21-545
the following new section:

``Sec. 21-545.01. Renewal of commitment status by commission; review by
            Court

    ``(a) At least 60 days prior to the expiration of an order of
commitment issued pursuant to section 21-545 or this section, the chief
clinical officer of the Department, or the chief of service of the
facility, hospital, or mental health provider to which the person is
committed may petition the Commission for a renewal of the order of
commitment for that person. For good cause shown, a petition of
commitment may be filed within the last 60 days of the one-year period
of commitment. The petition for renewal of commitment shall be
supported by a certificate of a psychiatrist or qualified psychologist
stating that he has examined the person and is of the opinion that the
person is mentally ill, and, because of the illness, is likely to
injure himself or other persons if not committed. The term of the
renewed commitment order shall not exceed one year.
    ``(b) Within 3 days of the filing of a petition under subsection
(a) of this section, the Commission shall send a copy of the petition
and supporting certificate by registered mail to the person with
respect to whom the petition was filed and by regular mail to the
person's attorney.
    ``(c) The Commission shall promptly examine a person for whom a
petition is filed under subsection (a) of this section, and, in
accordance with the procedures described in sections 21-542 and 21-543,
shall thereafter promptly hold a hearing on the issue of the person's
mental illness and whether, as a result of a mental illness, the person
is likely to injure himself or other persons if not committed.
    ``(d) If the Commission finds, after a hearing under subsection (c)
of this section, that the person with respect to whom the hearing was
held is no longer mentally ill, or is not mentally ill to the extent
that the person is likely to injure himself or other persons if not
committed, the Commission shall immediately order the termination of
the commitment and notify the Court of that fact in writing.
    ``(e) If the Commission finds, after a hearing under subsection (c)
of this section, that the person with respect to whom the hearing was
held remains mentally ill to the extent that the person is likely to
injure himself or others if not committed, the Commission shall order
the renewal of the commitment of the person for an additional term not
to exceed one year and shall promptly report that fact, in writing, to
the Court. The report shall contain the Commission's findings of fact
and conclusions of law. A copy of the report shall be served by
registered mail on the person with respect to whom the hearing was held
and by mail on the person's attorney.
    ``(f) If a petition for a renewal of an order of commitment is
pending at the expiration of the commitment period ordered under
section 21-545 or this section, the Court may, for good cause shown,
extend the period of commitment pending resolution of the renewal
petition.
    ``(g) Within the last 30 days of the period of commitment, the
chief clinical officer of the Department, or the chief of service of
the facility, hospital, or mental health provider to which a person is
committed, shall notify the Court which ordered the person's commitment
pursuant to section 21-545 or this section of the decision not to seek
renewal of commitment. Notice to the Court shall be in writing and a
copy of the notice shall be mailed to the person who was committed and
the person's attorney.
    ``(h)(1) A person for whom the Commission orders renewed commitment
pursuant to subsection (e) of this section may seek a review of the
Commission's order by the Superior Court of the District of Columbia,
and the Commission, orally and in writing, shall advise the person of
this right.
    ``(2) A review of the Commission's order of renewed commitment, in
whole or in part, may be made by a judge of the appropriate division
sua sponte and shall be made upon a motion of one of the parties made
pursuant to procedures established by rules of the Court. The reviewing
judge shall conduct such proceedings as required by the rules of the
Court.
    ``(3) An appeal to the District of Columbia Court of Appeals may be
made only after a judge of the Court has reviewed the Commission's
order of renewed commitment.''.
    (b) Clerical Amendment.--The table of sections of subchapter IV of
chapter 5 of title 21, District of Columbia Official Code, is amended
by inserting after the item relating to section 21-545 the following:
``21-545.01. Renewal of commitment status by Commission; review by
          Court.''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and
                                               President of the Senate.

Output:
District of Columbia Mental Health Civil Commitment Modernization Act of 2004 - (Sec. 2) Amends the District of Columbia Code to modify the composition of, appointment to, and organization of the Commission on Mental Health.

(Sec. 3) Limits to Commission members who are psychiatrists or qualified psychologists (currently, the Commission or any of its members) the competency to be witnesses at any mental health proceeding.

(Sec. 4) Authorizes Superior Court extension for up to 21 days, under certain conditions, of the period for which an individual may be detained for emergency observation and diagnosis in a facility, hospital, or mental health provider.

(Sec. 5) Authorizes the Commission to grant a continuance of up to 14 days beyond the current allowed recess of five days for the counsel of persons alleged to be mentally ill to prepare a case. Requires extension of the emergency observation and detention period for the subject of the hearing for the duration of the continuance.

(Sec. 6) Revises procedures on hearings and determination of mental illness. Limits to the least restrictive alternative the kind of facility to which a Court may order a person's commitment, consistent with the best interests of the person and the public.

(Sec. 7) Authorizes a one-year renewal of commitment status by the Commission, subject to judicial review, of a person in a facility, hospital, or mental health provider.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Humboldt Project Conveyance Act''.

SEC. 2. DEFINITIONS.

    For purposes of this Act:
            (1) Secretary.--The term ``Secretary'' means the Secretary
        of the Interior.
            (2) State.--The term ``State'' means the State of Nevada.
            (3) PCWCD.--The term ``PCWCD'' means the Pershing County
        Water Conservation District, a public entity organized under
        the laws of the State of Nevada.
            (4) Pershing county.--The term ``Pershing County'' means
        the Pershing County government, a political subunit of the
        State of Nevada.
            (5) Lander county.--The term ``Lander County'' means the
        Lander County government, a political subunit of the State of
        Nevada.

SEC. 3. AUTHORITY TO CONVEY TITLE.

    (a) In General.--The Secretary shall, as soon as practicable after
the date of enactment of this Act, convey, all right, title, and
interest in and to the lands and features of the Humboldt Project,
including all water rights for storage and diversion, to PCWCD, the
State, Pershing County, and Lander County, consistent with the terms
and conditions set forth in the Memorandum of Agreement between PCWCD
and Lander County dated January 24, 2000, the Conceptual Agreement
between PCWCD and the State dated October 18, 2001, and the Letter of
Agreement between Pershing County and the State dated April 16, 2002.
    (b) Compliance With Agreements.--All parties to the conveyance
under subsection (a) shall comply with the terms and conditions of the
agreements cited in subsection (a).
    (c) Report.--If the conveyance required by this section has not
been completed within 18 months after the date of enactment of this
Act, the Secretary shall submit a report to the Committee on Resources
of the House of Representatives and the Committee on Energy and Natural
Resources of the Senate that describes--
            (1) the status of the conveyance;
            (2) any obstacles to completion of the conveyance; and
            (3) the anticipated date for completion of the conveyance.

SEC. 4. PAYMENT.

    (a) In General.--As consideration for any conveyance required by
section 3, PCWCD shall pay to the United States the net present value
of miscellaneous revenues associated with the lands and facilities to
be conveyed.
    (b) Withdrawn Lands.--As consideration for any conveyance of
withdrawn lands required by section 3, the entity receiving title shall
pay the United States (in addition to amounts paid under subsection
(a)) the fair market value for any such lands conveyed that were
withdrawn from the public domain pursuant to the Secretarial Orders
dated March 16, 1934, and April 6, 1956.
    (c) Administrative Costs.--Administrative costs for conveyance of
any land or facility under this Act shall be paid in equal shares by
the Secretary and the entity receiving title to the land or facility,
except costs identified in subsections (d) and (e).
    (d) Real Estate Transfer Costs.--As a condition of any conveyance
of any land or facility required by section 3, costs of all boundary
surveys, title searches, cadastral surveys, appraisals, and other real
estate transactions required for the conveyance shall be paid by the
entity receiving title to the land or facility.
    (e) NEPA Costs.--Costs associated with any review required under
the National Environmental Policy Act of 1969 for conveyance of any
land or facility under section 3 shall be paid in equal shares by the
Secretary and the entity receiving title to the land or facility.
    (f) State of Nevada.--The State shall not be responsible for any
payments for land or facilities under this section. Any proposal by the
State to reconvey to another entity land conveyed by the Secretary
under this Act shall be pursuant to an agreement with the Secretary
providing for fair market value to the United States for the lands, and
for continued management of the lands for recreation, wildlife habitat,
wetlands, or resource conservation.

SEC. 5. COMPLIANCE WITH OTHER LAWS.

    Following the conveyance required by section 3, the district, the
State, Pershing County, and Lander County shall, with respect to the
interests conveyed, comply with all requirements of Federal, State, and
local law applicable to non-Federal water distribution systems.

SEC. 6. REVOCATION OF WITHDRAWALS.

    Effective on the date of the conveyance required by section 3, the
Secretarial Orders dated March 16, 1934, and April 6, 1956, that
withdrew public lands for the Rye Patch Reservoir and the Humboldt
Sink, are hereby revoked.

SEC. 7. LIABILITY.

    Effective on the date of the conveyance required by section 3, the
United States shall not be held liable by any court for damages of any
kind arising out of any act, omission, or occurrence relating to the
Humboldt Project, except for damages caused by acts of negligence
committed by the United States or by its employees or agents prior to
the date of conveyance. Nothing in this section shall be considered to
increase the liability of the United States beyond that currently
provided in chapter 171 of title 28, United States Code, popularly
known as the Federal Tort Claims Act.

SEC. 8. NATIONAL ENVIRONMENTAL POLICY ACT.

    Prior to conveyance the Secretary shall complete all actions as may
be required under the National Environmental Policy Act of 1969 (U.S.C.
4321 et seq.).

SEC. 9. FUTURE BENEFITS.

    Upon conveyance of the lands and facilities by the Secretary under
this Act, the Humboldt Project shall no longer be a Federal reclamation
project and the district shall not be entitled to receive any future
reclamation benefits with respect to that project, except those
benefits that would be available to other nonreclamation districts.

Output: Humboldt Project Conveyance Act - Requires the Secretary of the Interior to convey all right, title, and interest in and to the lands and features of the Humboldt Project, including all water rights for storage and diversion, to the Pershing County Water Conservation District (PCWCD), the State of Nevada, the Pershing County government, and the Lander County government, consistent with the terms and conditions set forth in the Memorandum of Agreement between PCWCD and Lander County dated January 24, 2002, the Conceptual Agreement between PCWCD and the State dated October 28, 2001, and the Letter of Agreement between Pershing County and the State dated April 16, 2002.(Sec. 4) Requires PCWCD to pay the United States the net present value of miscellaneous revenues associated with the lands and facilities to be conveyed.Requires the entity receiving title under this act to pay the United States the fair market value for any withdrawn land conveyed, as well as the real estate transfer costs for any land or facility conveyed.Declares that the State of Nevada will not be responsible for any payments for land or facilities under this Act.Declares that any proposal by the State to reconvey to another entity land conveyed by the Secretary must provide fair market value to the Unites States for the lands and for continued management of the lands for recreation, wildlife habitat, wetlands, or resource conservation.(Sec. 6) Revokes the Secretarial Orders dated March 16, 1934, and April 6, 1956, that withdrew public lands for the Rye Patch Reservoir and the Humboldt Sink.(Sec. 7) Exempts the United States from liability for damages arising out of any act, omission, or occurrence relating to the Humboldt project, except for damages caused by acts of negligence committed by the United States, its employees or agents prior to the date of conveyance.(Sec. 8) Requires the Secretary to complete, prior to conveyance, all actions required under the National Environment Policy Act of 1969.(Sec. 9) Declares that upon conveyance of the lands and facilities, the Humboldt Project will no longer be a Federal reclamation project and the district shall not be entitled to receive any future reclamation benefits with respect to the project, except those benefits that would be available to other nonreclamation districts.