TASK DEFINITION: In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
PROBLEM: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Children's Health Equity Act of 
2003''.

SEC. 2. AUTHORITY FOR QUALIFYING STATES TO USE SCHIP FUNDS FOR MEDICAID 
              EXPENDITURES.

    Section 2105 of the Social Security Act (42 U.S.C. 1397ee) is 
amended by adding at the end the following:
    ``(g) Authority for Qualifying States To Use Certain Funds for 
Medicaid Expenditures.--
            ``(1) State option.--
                    ``(A) In general.--Notwithstanding any other 
                provision of law, with respect to fiscal years in which 
                allotments for a fiscal year under section 2104 
                (beginning with fiscal year 1998) are available under 
                subsections (e) and (g) of that section, a qualifying 
                State (as defined in paragraph (2)) may elect to use 
                such allotments (instead of for expenditures under this 
                title) for payments for such fiscal year under title 
                XIX in accordance with subparagraph (B).
                    ``(B) Payments to states.--
                            ``(i) In general.--In the case of a 
                        qualifying State that has elected the option 
                        described in subparagraph (A), subject to the 
                        total amount of funds described with respect to 
                        the State in subparagraph (A), the Secretary 
                        shall pay the State an amount each quarter 
                        equal to the additional amount that would have 
                        been paid to the State under title XIX for 
                        expenditures of the State for the fiscal year 
                        described in clause (ii) if the enhanced FMAP 
                        (as determined under subsection (b)) had been 
                        substituted for the Federal medical assistance 
                        percentage (as defined in section 1905(b)) of 
                        such expenditures.
                            ``(ii) Expenditures described.--For 
                        purposes of clause (i), the expenditures 
                        described in this clause are expenditures for 
                        such fiscal years for providing medical 
                        assistance under title XIX to individuals who 
                        have not attained age 19 and whose family 
                        income exceeds 133 percent of the poverty line.
                            ``(iii) No impact on determination of 
                        budget neutrality for waivers.--In the case of 
                        a qualifying State that uses amounts paid under 
                        this subsection for expenditures described in 
                        clause (ii) that are incurred under a waiver 
                        approved for the State, any budget neutrality 
                        determinations with respect to such waiver 
                        shall be determined without regard to such 
                        amounts paid.
            ``(2) Qualifying state.--In this subsection, the term 
        `qualifying State' means a State that--
                    ``(A) as of April 15, 1997, has an income 
                eligibility standard with respect to any 1 or more 
                categories of children (other than infants) who are 
                eligible for medical assistance under section 
                1902(a)(10)(A) or under a waiver under section 1115 
                implemented on January 1, 1994, that is up to 185 
                percent of the poverty line or above; and
                    ``(B) satisfies the requirements described in 
                paragraph (3).
            ``(3) Requirements.--The requirements described in this 
        paragraph are the following:
                    ``(A) SCHIP income eligibility.--The State has a 
                State child health plan that (whether implemented under 
                title XIX or this title)--
                            ``(i) as of January 1, 2001, has an income 
                        eligibility standard that is at least 200 
                        percent of the poverty line or has an income 
                        eligibility standard that exceeds 200 percent 
                        of the poverty line under a waiver under 
                        section 1115 that is based on a child's lack of 
                        health insurance;
                            ``(ii) subject to subparagraph (B), does 
                        not limit the acceptance of applications for 
                        children; and
                            ``(iii) provides benefits to all children 
                        in the State who apply for and meet eligibility 
                        standards on a statewide basis.
                    ``(B) No waiting list imposed.--With respect to 
                children whose family income is at or below 200 percent 
                of the poverty line, the State does not impose any 
                numerical limitation, waiting list, or similar 
                limitation on the eligibility of such children for 
                child health assistance under such State plan.
                    ``(C) Additional requirements.--The State has 
                implemented at least 3 of the following policies and 
                procedures (relating to coverage of children under 
                title XIX and this title):
                            ``(i) Uniform, simplified application 
                        form.--With respect to children who are 
                        eligible for medical assistance under section 
                        1902(a)(10)(A), the State uses the same 
                        uniform, simplified application form 
                        (including, if applicable, permitting 
                        application other than in person) for purposes 
                        of establishing eligibility for benefits under 
                        title XIX and this title.
                            ``(ii) Elimination of asset test.--The 
                        State does not apply any asset test for 
                        eligibility under section 1902(l) or this title 
                        with respect to children.
                            ``(iii) Adoption of 12-month continuous 
                        enrollment.--The State provides that 
                        eligibility shall not be regularly redetermined 
                        more often than once every year under this 
                        title or for children described in section 
                        1902(a)(10)(A).
                            ``(iv) Same verification and 
                        redetermination policies; automatic 
                        reassessment of eligibility.--With respect to 
                        children who are eligible for medical 
                        assistance under section 1902(a)(10)(A), the 
                        State provides for initial eligibility 
                        determinations and redeterminations of 
                        eligibility using the same verification 
                        policies (including with respect to face-to-
                        face interviews), forms, and frequency as the 
                        State uses for such purposes under this title, 
                        and, as part of such redeterminations, provides 
                        for the automatic reassessment of the 
                        eligibility of such children for assistance 
                        under title XIX and this title.
                            ``(v) Outstationing enrollment staff.--The 
                        State provides for the receipt and initial 
                        processing of applications for benefits under 
                        this title and for children under title XIX at 
                        facilities defined as disproportionate share 
                        hospitals under section 1923(a)(1)(A) and 
                        Federally-qualified health centers described in 
                        section 1905(l)(2)(B) consistent with section 
                        1902(a)(55).''.

SOLUTION: Children's Health Equity Act of 2003 - Amends title XXI (State Children's Health Insurance Program) (SCHIP) of the Social Security Act (SSA) to grant authority for qualifying States to use SCHIP funds for Medicaid (SSA title XIX) expenditures.

PROBLEM: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Commercial Mortgage Capital 
Availability Act of 1993''.

SEC. 2. INSURED DEPOSITORY INSTITUTION CAPITAL REQUIREMENTS FOR 
              TRANSFERS OF MORTGAGE LOANS.

    (a) Accounting Principles.--The accounting principles applicable to 
the transfer of a mortgage loan with recourse contained in reports or 
statements required to be filed with Federal banking agencies by a 
qualified insured depository institution shall be consistent with 
generally accepted accounting principles.
    (b) Capital and Reserve Requirements.--With respect to the transfer 
of a mortgage loan with recourse that is a sale under generally 
accepted accounting principles, each qualified insured depository 
institution shall--
            (1) establish and maintain a reserve equal to an amount 
        sufficient to meet the reasonable estimated liability of the 
        institution under the recourse arrangement; and
            (2) treat as an asset (for purposes of applicable capital 
        standards and other capital measures, including risk-based 
        capital requirements) only the maximum amount at risk under the 
        recourse arrangement.
    (c) Qualified Institutions Defined.--An insured depository 
institution is a qualified insured depository institution for purposes 
of this section if, without regard to the accounting principles or 
capital requirements referred to in subsections (a) and (b), the 
institution is--
            (1) well capitalized; or
            (2) with the approval, by regulation or order, of the 
        appropriate Federal banking agency, adequately capitalized.
    (d) Aggregate Amount of Recourse.--The total outstanding amount at 
risk with respect to transfers of mortgage loans under subsections (a) 
and (b) (together with the amount at risk under any provisions of law 
substantially similar to subsections (a) and (b)) shall not exceed--
            (1) the amount which is equal to 15 percent of the risk-
        based capital of the institution; or
            (2) such greater amount, as established by the appropriate 
        Federal banking agency by regulation or order.
    (e) Institutions That Cease To Be Qualified or Exceed Aggregate 
Limits.--If an insured depository institution ceases to be a qualified 
insured depository institution or exceeds the limits under subsection 
(d), this section shall remain applicable to any transfer of mortgage 
loans that occurred at a time when the institution was qualified and 
had not exceeded such limit.
    (f) Prompt Corrective Action not Affected.--The capital of an 
insured depository institution shall be computed without regard to this 
section in determining whether the institution is less than well 
capitalized.
    (g) Regulations Required.--Before the end of the 180-day period 
beginning on the date of the enactment of this Act, each appropriate 
Federal banking agency shall prescribe final regulations implementing 
this section.
    (h) Alternative System Permitted.--
            (1) In general.--At the discretion of the appropriate 
        Federal banking agency, this section shall not apply if the 
        regulations of the agency provide that the aggregate amount of 
        capital and reserves required with respect to the transfer of 
        mortgage loans with recourse does not exceed the aggregate 
        amount of capital and reserves that would be required under 
        subsection (b).
            (2) Existing transactions not affected.--Notwithstanding 
        paragraph (1), this section shall remain in effect with respect 
        to transfers of mortgage loans with recourse by qualified 
        insured depository institutions occurring before the effective 
        date of regulations referred to in paragraph (1).
    (i) Definitions.--The following definitions apply for purposes of 
this section:
            (1) Adequately capitalized.--The term ``adequately 
        capitalized'' has the same meaning as in section 38(b) of the 
        Federal Deposit Insurance Act.
            (2) Appropriate federal banking agency.--The term 
        ``appropriate Federal banking agency'' has the same meaning as 
        in section 3 of the Federal Deposit Insurance Act.
            (3) Capital standards.--The term ``capital standards'' has 
        the same meaning as in section 38(c) of the Federal Deposit 
        Insurance Act.
            (4) Federal banking agencies.--The term ``Federal banking 
        agencies'' has the same meaning as in section 3 of the Federal 
        Deposit Insurance Act.
            (5) Insured depository institution.--The term ``insured 
        depository institution'' has the same meaning as in section 3 
        of the Federal Deposit Insurance Act.
            (6) Other capital measures.--The term ``other capital 
        measures'' has the same meaning as in section 38(c) of the 
        Federal Deposit Insurance Act.
            (7) Recourse.--The term ``recourse'' has the meaning given 
        to such term under generally accepted accounting principles.
            (8) Mortgage loan.--The term ``mortgage loan'' means any--
                    (A) note or certificate of interest or 
                participation in a note (including any rights designed 
                to assure servicing of, or the timeliness of receipt by 
                the holders of such notes, certificates, or 
                participation of amounts payable under such notes, 
                certificates or participation) that is principally 
                secured by an interest in real property; or
                    (B) any security (within the meaning of section 8 
                of the Securities Exchange Act of 1934) that is secured 
                by one or more notes described in subparagraph (A) or 
                certificates of interest or participation in such notes 
                (with or without recourse to issuers thereof) and that, 
                by its terms, provides for payments of principal in 
                relation to payments, or reasonable projections of 
                payments, on notes described in subparagraph (A) or 
                certificates of interest or participation in such 
                notes.
            (9) Well capitalized.--The term ``well capitalized'' has 
        the same meaning as in section 38(b) of the Federal Deposit 
        Insurance Act.

SEC. 3. AMENDMENT TO DEFINITION OF MORTGAGE RELATED SECURITY.

    Section 3(a)(41)(A)(i) of the Securities Exchange Act of 1934 (15 
U.S.C. 78c(a)(41)(A)(i)) is amended by inserting before the semicolon 
``, or on 1 or more parcels of real estate upon which is located one or 
more commercial structures''.

SEC. 4. AUTHORITY TO EXEMPT COMMERCIAL MORTGAGE RELATED SECURITIES 
              TRANSACTIONS FROM PROHIBITED TRANSACTION RULES.

    The Secretary of Labor, in consultation with the Secretary of the 
Treasury, shall exempt, either unconditionally or on stated terms and 
conditions, transactions involving commercial mortgage related 
securities (as such term is defined in section 3(a)(41) of the 
Securities Exchange Act of 1934, as amended by section 3 of this Act) 
from--
            (1) the restrictions of sections 406(a) and 407(a) of the 
        Employee Retirement Income Security Act of 1974; and
            (2) the taxes imposed under section 4975 of the Internal 
        Revenue Code of 1986.

SEC. 5. PROVISIONS TO SAFEGUARD THE INTEGRITY OF THE SECURITIZATION 
              PROCESS, AND THE SAFETY AND SOUNDNESS OF FEDERALLY 
              INSURED INSTITUTIONS.

    (a) Compliance With Securities Regulations.--Any security relying 
on the provisions of this Act shall comply with all rules and 
regulations of Federal securities laws applicable thereto, as 
determined taking into account the provisions of this Act, including 
all provisions relating to required disclosure to investors, 
registrations, reporting and compliance, and all anti-fraud provisions.
    (b) Treatment of Bank Issued or Purchased Mortgage Backed 
Securities for Purposes of Minimum Capital Requirements.--
            (1) Mortgages held by bank to back securities.--If an issue 
        of securities backed by mortgage loans represents a liability 
        on the balance sheet of an insured depository institution and 
        the assets backing such obligation represent assets on the 
        balance sheet of such institution, the institution shall 
        maintain minimum adequate capital with regard to such assets as 
        prescribed by all applicable rules and regulations of the 
        banking agencies with supervisory and examination authority 
        over such institution, as determined taking into account the 
        provisions of this Act.
            (2) Securities held by bank.--If an insured depository 
        institution purchases a mortgage-related security to which the 
        provisions of this Act apply, the institution shall maintain 
        minimum adequate capital with respect to such security and all 
        other assets as prescribed by all applicable rules and 
        regulations of the banking agencies with supervisory and 
        examination authority over such institution, as determined 
        taking into account the provisions of this Act.

SOLUTION: Commercial Mortgage Capital Availability Act of 1993 - Sets forth a regulatory scheme under which qualified insured depository institutions meeting prescribed reserve and capital requirements may execute mortgage loan transfers with a recourse arrangement. 
Amends the Securities Exchange Act of 1934 to modify the definition of "mortgage related security" to include notes directly secured by a first lien on real estate with commercial structures located upon it (thus bringing such securities within the purview of the Act). 
Directs the Secretary of Labor to exempt commercial mortgage related securities transactions from:  (1) certain restrictions of the Employee Retirement Income Security Act of 1974; and (2) certain taxes imposed under the Internal Revenue Code. 
Mandates that securities relying on the provisions of this Act comply with all Federal securities laws relating to disclosure to investors, registrations, reporting and anti-fraud provisions. 
Requires insured depository institutions to maintain the minimum adequate capital prescribed by regulatory banking agencies when executing mortgage backed securities transactions.

PROBLEM: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Coal Refuse Reclamation Act''.

SEC. 2. CREDIT FOR COAL REFUSE USED TO PRODUCE ELECTRICITY AT CERTAIN 
              FACILITIES.

    (a) In General.--Section 45(e) of the Internal Revenue Code of 1986 
is amended by adding at the end the following new paragraph:
            ``(12) Coal refuse facilities.--
                    ``(A) Determination of credit amount.--The credit 
                determined under this section (without regard to this 
                subparagraph) for any taxable year shall be increased 
                by an amount equal to $12 per ton of coal refuse used 
                at a coal refuse facility to produce electricity at 
                such facility during the 10-year period beginning on 
                January 1, 2018.
                    ``(B) Tons of coal refuse.--For purposes of 
                subparagraph (A), the tons of coal refuse used by an 
                owner of a coal refuse facility shall be as set forth 
                in Schedule 4, Part A (Fossil Fuel Stocks at the End of 
                the Reporting Period and the Data Balance) of the U.S. 
                Energy Information Administration Form-EIA923 Power 
                Plant Operations Report (or any amended, successor, or 
                similar form).
                    ``(C) Credit eligibility.--In the case of a 
                facility described in subparagraph (A), if the owner of 
                such facility is not the producer of the electricity, 
                the person eligible for the increase in credit 
                determined under subparagraph (A) shall be the lessee 
                or the operator of such facility.
                    ``(D) Application of rules.--Rules similar to the 
                rules of paragraphs (1), (3), and (5) of this 
                subsection shall apply for purposes of determining the 
                amount of any increase under this paragraph.
                    ``(E) Exemption from passive and at-risk 
                limitations.--Sections 465 and 469 shall not apply with 
                respect to any increase under this paragraph.''.
    (b) Coal Refuse Facility Defined.--Section 45(d) of such Code is 
amended by adding at the end the following new paragraph:
            ``(12) Coal refuse facility.--In the case of a facility 
        using coal refuse to produce electricity, the term `coal refuse 
        facility' means any facility--
                    ``(A) which was originally placed in service prior 
                to January 1, 2018, and combusts coal refuse or fuel 
                composed of at least 75 percent coal refuse by BTU 
                energy value, and
                    ``(B) uses--
                            ``(i) at a minimum, a circulating fluidized 
                        bed combustion unit or a pressurized fluidized 
                        bed combustion unit equipped with a limestone 
                        injection system, for control of acid gases, 
                        and
                            ``(ii) a fabric filter particulate emission 
                        control system.''.
    (c) Coal Refuse.--Section 45(c) of such Code is amended by adding 
at the end the following new paragraph:
            ``(11) Coal refuse.--The term `coal refuse' means any waste 
        coal, rock, shale, slurry, culm, gob, boney, slate, clay and 
        related materials associated with or near a coal seam that are 
        either brought aboveground or otherwise removed from a coal 
        mine in the process of mining coal or that are separated from 
        coal during the cleaning or preparation operations. Such term 
        includes underground development wastes, coal processing wastes 
        and excess spoil, but does not include overburden from surface 
        mining activities.''.
    (d) Allowance of Credit Against Alternative Minimum Tax.--Section 
38(c)(4)(B)(v) of such Code is amended by inserting ``or section 
45(e)(12) (relating to coal refuse facilities)'' before the comma at 
the end.
    (e) Advance Payment of Credit.--Subchapter B of chapter 65 of such 
Code is amended by adding at the end the following new section:

``SEC. 6433. ELECTIVE PAYMENT FOR COAL REFUSE FACILITIES.

    ``(a) In General.--Any person electing the application of this 
section with respect to any eligible coal refuse facility shall be 
treated as making a payment against the tax imposed by subtitle A for 
the taxable year equal to the amount of the credit that would be 
determined under section 45 for such facility for such year. Except as 
provided in subsection (b), such payment shall be treated as made on 
the later of the due date of the return of such tax or the date on 
which such return is filed.
    ``(b) Quarterly Election.--
            ``(1) In general.--At the close of any quarter of the 
        taxable year of any taxpayer entitled to a credit with respect 
        to an eligible coal refuse facility, if a claim is filed under 
        this section, the Secretary shall pay (without interest) an 
        amount equal to the credit determined under section 45 for such 
        quarter, calculated as if such credit were determined on a 
        quarterly basis and as if the tons of coal refuse under section 
        45(e)(12)(B) were reported quarterly on Schedule 4, Part A 
        (Fossil Fuel Stocks at the End of the Reporting Period and the 
        Data Balance) of the U.S. Energy Information Administration 
        Form-EIA923 Power Plant Operations Report (or any amended, 
        successor, or similar form).
            ``(2) Time for filing claim.--No claim filed under this 
        subsection (b) shall be allowed unless filed during the first 
        quarter following the last quarter included in the claim.
            ``(3) Payment of claim.--Notwithstanding paragraph (1) of 
        this subsection, if the Secretary has not paid pursuant to a 
        claim filed under this section within 45 days of the date of 
        the filing of such claim (20 days in the case of an electronic 
        claim), the claim shall be paid with interest from such date 
        determined by using the overpayment rate and method under 
        section 6621.
    ``(c) Special Rules for Partnerships and S Corporations.--In the 
case of an eligible coal refuse facility owned or used by a partnership 
or an S corporation--
            ``(1) the elections under subsection (a) or (b) may be made 
        only by such partnership or S corporation,
            ``(2) such partnership or S corporation shall be treated as 
        making the payment referred to in subsection (a) only to the 
        extent of the proportionate share of such partnership or S 
        corporation as is owned by persons who would be treated as 
        making such payment if the property were owned or used by such 
        persons, and
            ``(3) the return required to be made by such partnership or 
        S corporation under section 6031 or 6037 (as the case may be) 
        shall be treated as a return of tax for purposes of subsection 
        (a).
    ``(d) Coordination With Production Credits.--In the case of any 
eligible coal refuse facility with respect to which an election is made 
under subsection (a) or (b), no credit shall be determined under 
section 45 with respect to such facility for the taxable year in which 
such election is made.
    ``(e) Eligible Coal Refuse Facility.--The term `eligible coal 
refuse facility' means a facility eligible for a credit during the 
taxable year pursuant to section 45(d)(12).
    ``(f) Exclusion From Gross Income.--Any credit or refund allowed or 
made by reason of this section shall not be includible in gross income 
or alternative minimum taxable income.
    ``(g) Regulations.--The Secretary may by regulations prescribe the 
conditions, not inconsistent with the provisions of this section, under 
which payments may be made under this section.''.
    (f) Effective Date.--The amendments made by this section shall 
apply to coal refuse used to produce electricity after December 31, 
2017, in taxable years beginning after such date.

SOLUTION:
Coal Refuse Reclamation Act  This bill amends the Internal Revenue Code to allow a tax credit for facilities that use coal refuse to produce electricity. The credit is equal to $12 per ton of coal refuse used at a coal refuse facility to produce electricity at the facility during the 10-year period beginning on January 1, 2018.  To qualify for the credit, the facility must have been originally placed in service prior to January 1, 2018, and combust coal refuse or fuel composed of at least 75% coal refuse by BTU energy value. The facility must also use: (1) at a minimum, a circulating fluidized bed combustion unit or a pressurized fluidized bed combustion unit equipped with a limestone injection system, for control of acid gases; and (2) a fabric filter particulate emission control system.  The bill defines &quot;coal refuse&quot; as any waste coal, rock, shale, slurry, culm, gob, boney, slate, clay and related materials associated with or near a coal seam that are either brought aboveground or otherwise removed from a coal mine in the process of mining coal or that are separated from coal during the cleaning or preparation operations. The term includes underground development wastes, coal processing wastes and excess spoil, but does not include overburden from surface mining activities.