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 ``National Future Farmers of America 
Commemorative Coin Act of 2009''.

SEC. 2. FINDINGS.

    The Congress finds that--
            (1) the National Future Farmers of America Organization 
        makes a positive difference in the lives of students by 
        developing their potential for leadership, personal growth, and 
        career success through agricultural education;
            (2) the National Future Farmers of America Organization was 
        founded in 1928, as the ``Future Farmers of America'', to 
        provide leadership training for high school students of 
        vocational agriculture;
            (3) the National Future Farmers of America Organization 
        created a national agricultural education model for use in 
        public school systems that has been adopted by youth leadership 
        organizations throughout the world;
            (4) the National Future Farmers of America Organization 
        prepares its student members to think critically, work in 
        teams, and be successful in more than 300 careers relating to 
        the science, business, and technology of agriculture;
            (5) approximately 9,000,000 living former members of the 
        National Future Farmers of America Organization are prominent 
        industry executives, members of Congress, community members, 
        farmers, and productive United States citizens;
            (6) in 2009, the National Future Farmers of America 
        Organization had 507,763 members in more than 7,400 local 
        chapters in all 50 States, Puerto Rico, and the United States 
        Virgin Islands;
            (7) the Future Farmers of America was chartered by Congress 
        in 1950, and continues to be an intra-curricular educational 
        organization within public school systems throughout the United 
        States; and
            (8) October 2012 will mark the beginning of a year of 
        celebration in honor of the 85th anniversary of the founding of 
        the National Future Farmers of America Organization, which took 
        place at the first national convention of the National Future 
        Farmers of America Organization.

SEC. 3. COIN SPECIFICATIONS.

    (a) Denominations.--In commemoration of the National Future Farmers 
of America Organization and the 85th anniversary of the National Future 
Farmers of America Organization, the Secretary of the Treasury (in this 
Act referred to as the ``Secretary'') shall mint and issue--
            (1) not more than 100,000 gold coins, which shall--
                    (A) weigh 8.359 grams;
                    (B) have a diameter of 0.850 inches; and
                    (C) contain 90 percent gold and 10 percent alloy; 
                and
            (2) not more than 500,000 silver coins, which shall--
                    (A) weigh 26.7 grams;
                    (B) have a diameter of 1.500 inches; and
                    (C) contain 90 percent silver and 10 percent 
                copper.
    (b) Legal Tender.--The coins minted under this Act shall be legal 
tender, as provided in section 5103 of title 31, United States Code.
    (c) Numismatic Items.--For purposes of sections 5134 and 5136 of 
title 31, United States Code, all coins minted under this Act shall be 
considered to be numismatic items.

SEC. 4. DESIGN OF COINS.

    (a) Design Requirements.--
            (1) In general.--The design of the coins minted under this 
        Act shall be emblematic of the 85-year history of the National 
        Future Farmers of America Organization.
            (2) Designation and inscriptions.--On each coin minted 
        under this Act, there shall be--
                    (A) a designation of the value of the coin;
                    (B) inscriptions of the words ``Liberty'', ``In God 
                We Trust'', ``United States of America'', and ``E 
                Pluribus Unum''; and
                    (C) an inscription of the year 2012.
    (b) Selection.--The design for the coins minted under this Act 
shall be--
            (1) selected by the Secretary, after consultation with the 
        National Future Farmers of America Organization and the 
        Commission of Fine Arts; and
            (2) reviewed by the Citizens Coinage Advisory Committee.

SEC. 5. ISSUANCE OF COINS.

    (a) Quality of Coins.--Coins minted under this Act shall be issued 
in uncirculated and proof qualities.
    (b) Period of Issuance.--The Secretary may issue coins under this 
Act only for the 1-year period beginning on January 1, 2012.

SEC. 6. SALE OF COINS.

    (a) Sale Price.--The coins minted under this Act shall be sold by 
the Secretary at a price equal to the sum of--
            (1) the face value of the coins;
            (2) the surcharge provided in section 7 with respect to 
        such coins; and
            (3) the cost of designing and minting the coins (including 
        labor, materials, dies, use of machinery, overhead expenses, 
        marketing, and shipping).
    (b) Bulk Sales.--The Secretary shall make bulk sales of the coins 
minted under this Act at a reasonable discount.
    (c) Prepaid Orders.--
            (1) In general.--The Secretary shall accept prepaid orders 
        for the coins minted under this Act before the issuance of such 
        coins.
            (2) Discount.--Sale prices with respect to prepaid orders 
        under paragraph (1) shall be at a reasonable discount.

SEC. 7. SURCHARGES.

    (a) In General.--All sales of coins minted under this Act shall 
include a surcharge of $25 per gold coin and $10 per silver coin.
    (b) Distribution.--Subject to section 5134(f) of title 31, United 
States Code, the Secretary shall pay all of the surcharges received by 
the Secretary from the sale of coins minted under this Act to the 
National Future Farmers of America Foundation in Indianapolis, Indiana, 
for the creation of an endowment to enhance and expand programs that 
encourage the development of leadership skills, personal growth, and 
career success through agricultural education and the Future Farmers of 
America.
    (c) Audits.--The Comptroller General of the United States is 
authorized to examine such books, records, documents, and other data of 
the organization described in subsection (b) as may be related to the 
expenditures of amounts paid under subsection (b).

SOLUTION: National Future Farmers of America Commemorative Coin Act of 2009 - Directs the Secretary of the Treasury to mint and issue gold and silver coins in commemoration of the National Future Farmers of America Organization and the 85th anniversary of such Organization.

Authorizes the issuance of coins under this Act only for a one year period, beginning on January 1, 2012.

Requires all sales of coins minted under this Act to include a surcharge of $25 per gold coin and $10 per silver coin.

Requires all of the surcharges received from the sale of such coins to be paid to the National Future Farmers of America Foundation in Indianapolis, Indiana, for the creation of an endowment to enhance and expand programs that encourage the development of leadership skills, personal growth, and career success through agricultural education and the Future Farmers of America.

PROBLEM: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Sustainable Revenue for Oregon 
Counties Act of 2009''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) more than half of the land in the State of Oregon is 
        owned by the Federal Government;
            (2) in many counties of the State, significant portions of 
        the land of the counties (often significantly more than half of 
        the land of the counties) is owned by the Federal Government;
            (3) the land described in paragraph (2) includes Forest 
        Service land and Oregon and California grant land;
            (4) the counties described in paragraph (2) are unable to 
        derive revenue from property taxes on land owned by the Federal 
        Government;
            (5) historically, payments made by the Federal Government 
        based on revenues from harvesting timber (including Oregon and 
        California grant land and Forest Service payments) have 
        provided a revenue substitute for property taxes;
            (6) the Secure Rural Schools and Community Self-
        Determination Act of 2000 (16 U.S.C. 500 note; Public Law 106-
        393) augmented the payments described in paragraph (5) because 
        of a significant decline in timber harvest revenues;
            (7) Congress extended the payments described in paragraph 
        (6) for 1 year in 2007, and for 4 years effective beginning in 
        2008, to provide time to develop a long-term sustainable 
        alternative to the payments described in paragraph (6);
            (8) the prospects for a long-term extension are uncertain 
        because of concerns regarding Federal budget deficits and long-
        term financial assistance to local governments of the State;
            (9) counties of the State that have historically received 
        the payments described in paragraph (5) are in need of a 
        sustainable, long-term revenue source;
            (10) there are opportunities for the conduct of activities 
        in the Federal forest land of the counties of the State that 
        could be structured to be economically and environmentally 
        sustainable, including--
                    (A) the harvesting of timber (including thinning to 
                restore forest health) in a sustainable manner and in 
                sustainable quantities;
                    (B) the removal of biomass material from the forest 
                land for--
                            (i) the generation of electricity; and
                            (ii) the production of cellulosic biofuels;
                    (C) the conduct of activities that could--
                            (i) increase the sequestration by the 
                        forest land of atmospheric carbon; or
                            (ii) provide other ecosystem services for 
                        communities, such as clean water; and
                    (D) the conduct of recreational activities;
            (11) other sources of revenue, including State and local 
        revenue sources, should also be considered in selecting a 
        sustainable, long-term revenue source; and
            (12) payments made by the Federal Government could be 
        continued under a variety of different payment methodologies.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Secretaries concerned.--The term ``Secretaries 
        concerned'' means--
                    (A) the Secretary of Agriculture; and
                    (B) the Secretary of the Interior.
            (2) State.--The term ``State'' means the State of Oregon.
            (3) Task force.--The term ``Task Force'' means the Oregon 
        Task Force on Sustainable Revenue for Counties established by 
        section 4(a).

SEC. 4. TASK FORCE.

    (a) Establishment.--There is established a task force to be known 
as the ``Oregon Task Force on Sustainable Revenue for Counties''.
    (b) Membership.--
            (1) Composition.--The Task Force shall be composed of 15 
        members, of whom--
                    (A) 4 members shall be appointed by the Secretaries 
                concerned, of whom--
                            (i) each shall represent a county of the 
                        State; and
                            (ii) 2 shall represent counties in which 
                        there is located Oregon and California grant 
                        land;
                    (B) 1 member shall be appointed by the Governor of 
                the State as the representative of the Governor of the 
                State;
                    (C) 1 member shall be appointed by the Secretaries 
                concerned from among persons who are experts in 
                economics (including natural resource economics);
                    (D) 1 member shall be appointed by the Secretaries 
                concerned from among persons who are experts in 
                sustainable forestry practices;
                    (E) 1 member shall be appointed by the Secretaries 
                concerned from among persons who are experts in 
                scientific and economic aspects of biomass energy;
                    (F) 1 member shall be appointed by the Secretaries 
                concerned from among persons who are experts in the 
                scientific aspects of ecosystem services that are 
                provided by temperate forests (including, at a minimum, 
                the scientific aspects of carbon sequestration);
                    (G) 1 member shall be appointed by the Secretaries 
                concerned from among persons who are experts in fields 
                relating to wildlife habitat, endangered species, and 
                biodiversity;
                    (H) 1 member shall be appointed by the Secretaries 
                concerned as a representative of the forest products 
                industry located in the State;
                    (I) 1 member shall be appointed by the Secretaries 
                concerned as a representative of regionally or locally 
                recognized conservation organizations located in the 
                State;
                    (J) 1 member shall be appointed by the Secretaries 
                concerned as a representative of--
                            (i) organized labor; or
                            (ii) nontimber forest product harvester 
                        groups;
                    (K) 1 member shall be appointed by the Secretaries 
                concerned as a representative of persons who 
                participate in or provide recreational activities or 
                are engaged in related activities; and
                    (L) 1 member shall be appointed by the Secretaries 
                concerned as a representative of Indian tribes that are 
                located in the State.
            (2) Date of appointments.--The appointment of a member of 
        the Task Force shall be made not later than 60 days after the 
        date of enactment of this Act.
    (c) Term; Vacancies.--
            (1) Term.--A member shall be appointed for the life of the 
        Task Force.
            (2) Vacancies.--A vacancy on the Task Force--
                    (A) shall not affect the powers of the Task Force; 
                and
                    (B) shall be filled in the same manner as the 
                original appointment was made.
    (d) Initial Meeting.--Not later than 30 days after the date on 
which all members of the Task Force have been appointed, the Task Force 
shall hold the initial meeting of the Task Force.
    (e) Meetings.--
            (1) In general.--The Task Force shall meet at the call of 
        the Chairperson.
            (2) Public access.--Each meeting of the Task Force shall be 
        open to the public.
    (f) Quorum.--A majority of the members of the Task Force shall 
constitute a quorum, but a lesser number of members may hold hearings.
    (g) Chairperson and Vice Chairperson.--The Task Force shall select 
a Chairperson and Vice Chairperson from among the members of the Task 
Force.

SEC. 5. DUTIES.

    (a) Consideration and Review of Revenue Sources.--
            (1) In general.--The Task Force shall consider and review 
        concepts for the establishment of a long-term revenue source 
        for counties located in the State that have historically 
        received Federal funds.
            (2) Revenue sources.--In conducting the consideration and 
        review under paragraph (1), in accordance with paragraph (3), 
        the Task Force shall consider--
                    (A) revenue sources proposed by relevant 
                legislation or administrative actions;
                    (B) payments based on timber harvests (including 
                thinning to restore forest health) carried out at 
                sustainable levels;
                    (C) payments based on revenues that each county of 
                the State could have received through property taxation 
                if the land owned by the Federal Government located in 
                the county was privately held and subject to a property 
                tax;
                    (D) revenue based on--
                            (i) a portion of the proceeds from sales of 
                        material collected from public land located in 
                        the State for the production of biomass 
                        electricity or cellulosic liquid transportation 
                        fuels;
                            (ii) user fees for recreational activities 
                        carried out on public land located in the 
                        State;
                            (iii) payments for increases in carbon 
                        sequestration; and
                            (iv) land exchanges or transfers that could 
                        provide compensation for nontaxable Federal 
                        land located in counties of the State;
                    (E) local sources of revenue that could be used to 
                reduce or eliminate the reliance of counties of the 
                State on Federal funds (including taxes, user fees, or 
                economic development activities that could increase the 
                revenue base of the counties of the State);
                    (F) payments made by the Federal Government to the 
                counties of the State, including--
                            (i) guaranteed payments that are to be 
                        established at a reduced level and not based on 
                        timber harvest revenues; and
                            (ii) guaranteed payments that are to be 
                        established--
                                    (I) at a level similar to the level 
                                of payments reauthorized in 2008;
                                    (II) in part by timber harvest 
                                revenues; and
                                    (III) with the use of additional 
                                Federal funds to the extent that timber 
                                harvest revenues described in subclause 
                                (II) do not meet the guaranteed level 
                                of payment; and
                    (G) any other revenue source that the Task Force 
                determines to be appropriate for consideration and 
                review.
            (3) Factors.--In considering each revenue source under 
        paragraph (2), the Task Force shall take into account--
                    (A) the long-term sustainability of each revenue 
                source considered under paragraph (2);
                    (B) the relative value, long-term sustainability, 
                and any other implication of the relative reliance of 
                the counties of the State on revenues arising from 
                Federal forests located in the counties, as compared to 
                other local revenue sources;
                    (C) the potential long-term effects of each revenue 
                source considered under paragraph (2) on the economies 
                of the counties of the State;
                    (D) revenue sources that are used by other cities 
                or counties of the State;
                    (E) the environmental effects of each revenue 
                source considered under paragraph (2);
                    (F) the effect of each revenue source considered 
                under paragraph (2) on local revenue streams and county 
                services; and
                    (G) comments submitted to the Task Force by a 
                stakeholder relating to any issue or proposal 
                considered by the Task Force.
    (b) Hearings.--
            (1) In general.--The Task Force shall hold such hearings, 
        meet and act at such times and places, take such testimony, and 
        receive such evidence as the Task Force considers advisable to 
        receive the input and determine the opinions of the public and 
        stakeholders with respect to the establishment of a 
        sustainable, long-term revenue source for the counties of the 
        State.
            (2) Incorporation of public and stakeholder input.--In 
        preparing the report required under subsection (c), the Task 
        Force shall incorporate into the recommendations of the Task 
        Force required under subsection (c)(2), to the maximum extent 
        practicable, the public and stakeholder input received under 
        paragraph (1).
    (c) Report.--Not later than 9 months after the date of enactment of 
this Act, the Task Force shall submit to the Committee on Natural 
Resources of the House of Representatives and the Committee on Energy 
and Natural Resources of the Senate a report that contains--
            (1) a detailed statement of the findings and conclusions of 
        the Task Force;
            (2) a description of not less than 2 policy scenarios for 
        providing sustainable revenue to the counties of the State that 
        are recommended by not less than \3/5\ of the members of the 
        Task force for consideration by the Federal Government, the 
        State, and the counties of the State as the Task Force 
        considers appropriate (including such legislation and 
        administrative actions necessary to implement each policy 
        scenario);
            (3) a description of the opinion of each member of the Task 
        Force regarding each policy scenario described in paragraph 
        (2);
            (4) a description of the minority views of each member of 
        the Task Force who does not support any policy scenario 
        described in paragraph (2);
            (5) a description of each revenue source considered but not 
        recommended by the Task Force under paragraph (2), including--
                    (A) an explanation of each reason why the Task 
                Force did not recommend the policy scenario; and
                    (B) a description of the minority views of each 
                member of the Task Force relating to the decision by 
                the Task Force not to recommend the policy scenario; 
                and
            (6) a summary of comments received by the Task Force under 
        subsections (a)(3)(G) and (b)(1).
    (d) Required Hearings.--Not later than 60 days after the date on 
which each committee described in subsection (c) receives the report 
required under that subsection, each committee shall hold a hearing to 
evaluate the recommendations contained in the report.

SEC. 6. POWERS.

    (a) Information From Federal Agencies.--
            (1) In general.--The Task Force may secure directly from a 
        Federal agency such information as the Task Force considers 
        necessary to carry out this Act.
            (2) Provision of information.--On request of the 
        Chairperson of the Task Force, the head of the agency shall 
        provide the information to the Task Force.
    (b) Postal Services.--The Task Force may use the United States 
mails in the same manner and under the same conditions as other 
agencies of the Federal Government.
    (c) Gifts.--The Task Force may accept, use, and dispose of gifts or 
donations of services or property.

SEC. 7. TASK FORCE PERSONNEL MATTERS.

    (a) Compensation of Members.--Each member of the Task Force shall 
serve without compensation.
    (b) Travel Expenses.--A member of the Task Force shall be allowed 
travel expenses, including per diem in lieu of subsistence, at rates 
authorized for an employee of an agency under subchapter I of chapter 
57 of title 5, United States Code, while away from the home or regular 
place of business of the member in the performance of the duties of the 
Task Force.
    (c) Detail of Federal Government Employees.--
            (1) In general.--An employee of the Federal Government may 
        be detailed to the Task Force without reimbursement.
            (2) Civil service status.--The detail of the employee shall 
        be without interruption or loss of civil service status or 
        privilege.
    (d) Procurement of Temporary and Intermittent Services.--The 
Chairperson of the Task Force may procure temporary and intermittent 
services in accordance with section 3109(b) of title 5, United States 
Code, at rates for individuals that do not exceed the daily equivalent 
of the annual rate of basic pay prescribed for level V of the Executive 
Schedule under section 5316 of that title.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as are necessary 
to carry out this Act, to remain available until expended.

SEC. 9. TERMINATION OF TASK FORCE.

    The Task Force shall terminate 120 days after the date on which the 
Task Force submits the report of the Task Force under section 5(c).

SOLUTION: Sustainable Revenue for Oregon Counties Act of 2009 - Establishes the Oregon Task Force on Sustainable Revenue for Counties to consider and review concepts for the establishment of a long-term revenue source for counties in Oregon that have historically received federal funds.

Directs the Task Force, in conducting the consideration and review, to consider: (1) revenue sources proposed by relevant legislation or administrative actions; (2) payments based on timber harvests, including thinning to restore forest health, carried out at sustainable levels; (3) payments based on the revenues each county could have received through property taxation if the land owned by the federal government was privately held and subject to a property tax; (4) revenue based on a portion of the proceeds from sales of material collected from public land in Oregon for the production of biomass electricity or cellulosic liquid transportation fuels, user fees for recreational activities on such land, payments for increases in carbon sequestration, and land exchanges or transfers that could provide compensation for nontaxable federal land in the counties; (5) local revenue sources that could be used to reduce or eliminate reliance of the counties on federal funds; (6) federal payments made by the government to the counties, including specified guaranteed payments; and (7) any other revenue source appropriate for review.

Requires the Task Force to hold hearings on the establishment of a sustainable, long-term revenue source for the counties.

PROBLEM: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Medical Injury Compensation Reform 
Act of 1993''.

SEC. 2. GENERAL PROVISIONS.

    (a) Congressional Findings.--
            (1) Effect on interstate commerce.--The Congress finds that 
        the health care and insurance industries are industries 
        affecting interstate commerce and the medical malpractice 
        litigation systems existing throughout the United States affect 
        interstate commerce by contributing to the high cost of health 
        care and premiums for malpractice insurance purchased by health 
        care providers.
            (2) Effect on federal spending.--The Congress finds that 
        the medical malpractice litigation systems existing throughout 
        the United States have a significant effect on the amount, 
        distribution, and use of Federal funds because of--
                    (A) the large number of individuals who receive 
                health care benefits under programs operated or 
                financed by the Federal Government;
                    (B) the large number of individuals who benefit 
                because of the exclusion from Federal taxes of the 
                amounts spent by their employers to provide them with 
                health insurance benefits;
                    (C) the large number of health care providers and 
                health care professionals who provide items or services 
                for which the Federal Government makes payments; and
                    (D) the large number of such providers and 
                professionals who have received direct or indirect 
                financial assistance from the Federal Government 
                because of their status as such professionals or 
                providers.
    (b) Applicability.--This Act shall apply with respect to any 
medical malpractice liability claim and to any medical malpractice 
liability action brought in any State or Federal court, except that 
this Act shall not apply to--
            (1) a claim or action for damages arising from a vaccine-
        related injury or death to the extent that title XXI of the 
        Public Health Service Act applies to the claim or action; or
            (2) a claim or action in which the claimant's sole 
        allegation is an allegation of an injury arising from the use 
        of a medical product.
    (c) Preemption of State Law.--Subject to section 10, this Act 
supersedes State law only to the extent that State law differs from any 
provision of law established by or under this Act. Any issue that is 
not governed by any provision of law established by or under this Act 
shall be governed by otherwise applicable State or Federal law.
    (d) Federal Court Jurisdiction Not Established on Federal Question 
Grounds.--Nothing in this Act shall be construed to establish any 
jurisdiction in the district courts of the United States over medical 
malpractice liability actions on the basis of section 1331 or 1337 of 
title 28, United States Code.

SEC. 3. DEFINITIONS.

    As used in this Act:
            (1) Claimant.--The term ``claimant'' means any person who 
        alleges a medical malpractice liability claim or, in the case 
        of an individual who is deceased, incompetent, or a minor, the 
        person on whose behalf such a claim is alleged.
            (2) Economic damages.--The term ``economic damages'' means 
        damages paid to compensate an individual for losses for 
        hospital and other medical expenses, lost wages, lost 
        employment, and other pecuniary losses.
            (3) Health care professional.--The term ``health care 
        professional'' means any individual who provides health care 
        services in a State and who is required by State law or 
        regulation to be licensed or certified by the State to provide 
        such services in the State.
            (4) Health care provider.--The term ``health care 
        provider'' means any organization or institution that is 
        engaged in the delivery of health care services in a State and 
        that is required by State law or regulation to be licensed or 
        certified by the State to engage in the delivery of such 
        services in the State.
            (5) Injury.--The term ``injury'' means any illness, 
        disease, or other harm that is the subject of a medical 
        malpractice liability action or claim.
            (6) Medical malpractice liability action.--The term 
        ``medical malpractice liability action'' means a civil action 
        (other than an action in which the claimant's sole allegation 
        is an allegation of an intentional tort) brought in a State or 
        Federal court against a health care provider or health care 
        professional (regardless of the theory of liability on which 
        the action is based) in which the claimant alleges a medical 
        malpractice liability claim.
            (7) Medical malpractice liability claim.--The term 
        ``medical malpractice liability claim'' means a claim in which 
        the claimant alleges that injury was caused by the provision of 
        (or the failure to provide) health care services.
            (8) Medical product.--The term ``medical product'' means a 
        device (as defined in section 201(h) of the Federal Food, Drug, 
        and Cosmetic Act) or a drug (as defined in section 201(g)(1) of 
        the Federal Food, Drug, and Cosmetic Act).
            (9) Noneconomic damages.--The term ``noneconomic damages'' 
        means damages paid to compensate an individual for losses for 
        physical and emotional pain, suffering, inconvenience, physical 
        impairment, mental anguish, disfigurement, loss of enjoyment of 
        life, loss of consortium, and other nonpecuniary losses, but 
        does not include punitive damages.
            (10) Secretary.--The term ``Secretary'' means the Secretary 
        of Health and Human Services.
            (11) State.--The term ``State'' means each of the several 
        States, the District of Columbia, the Commonwealth of Puerto 
        Rico, and any other territory or possession of the United 
        States.

SEC. 4. EFFECTIVE DATE.

    (a) In General.--Except as provided in subsection (b) and section 
11, this Act shall apply with respect to claims accruing or actions 
brought on or after the expiration of the 3-year period that begins on 
the date of the enactment of this Act.
    (b) Exception for States Requesting Earlier Implementation of 
Reforms.--
            (1) Application.--A State may submit an application to the 
        Secretary requesting the early implementation of this Act with 
        respect to claims or actions brought in the State.
            (2) Decision by secretary.--The Secretary shall issue a 
        response to a State's application under paragraph (1) not later 
        than 90 days after receiving the application. If the Secretary 
        determines that the State meets the requirements of this Act at 
        the time of submitting its application, the Secretary shall 
        approve the State's application, and this Act shall apply with 
        respect to actions brought in the State on or after the 
        expiration of the 90-day period that begins on the date the 
        Secretary issues the response. If the Secretary denies the 
        State's application, the Secretary shall provide the State with 
        a written explanation of the grounds for the decision.

SEC. 5. STATUTE OF LIMITATIONS.

    (a) In General.--No medical malpractice liability claim may be 
brought after the expiration of the 2-year period that begins on the 
date the alleged injury that is the subject of the action should 
reasonably have been discovered, but in no event after the expiration 
of the 4-year period that begins on the date the alleged injury 
occurred.
    (b) Exception for Minors.--In the case of an alleged injury 
suffered by a minor who has not attained 6 years of age, no medical 
malpractice liability claim may be brought after the expiration of the 
2-year period that begins on the date the alleged injury that is the 
subject of the action should reasonably have been discovered, but in no 
event after the date on which the minor attains 10 years of age.

SEC. 6. ATTORNEYS' FEES.

    (a) Limitation on Contingency Fees.--An attorney shall not contract 
for or collect a contingency fee for representing a claimant in a 
medical malpractice liability action in excess of the following:
            (1) 40 percent of the first $50,000 (or portion thereof) of 
        the amount recovered by the claimant.
            (2) 33\1/3\ percent of the next $50,000 (or portion 
        thereof) of the amount recovered by the claimant.
            (3) 25 percent of the next $500,000 (or portion thereof) of 
        the amount recovered by the claimant.
            (4) 15 percent of any amounts recovered by the claimant in 
        excess of $600,000.
This subsection applies whether the recovery is by settlement, 
arbitration, or judgment.
    (b) Calculation of Periodic Payments.--If periodic payments are 
awarded to the claimant pursuant to section 7(b), the court shall place 
a total value on these payments based upon the projected life 
expectancy of the claimant and include this amount in computing the 
total award from which attorneys' fees are calculated under subsection 
(a).
    (c) Effect of Failure To Comply.--Failure to comply with this 
section by an attorney at law shall be grounds for professional 
discipline by the appropriate State agency responsible for the conduct 
of disciplinary actions against attorneys-at-law.
    (d) Definitions.--For purposes of this section--
            (1) the term ``contingency fee'' means any fee for 
        professional legal services which is in whole or in part 
        contingent upon the recovery of any amount of damages, whether 
        through judgment or settlement; and
            (2) the term ``recovered'' means the net sum recovered 
        after deducting any disbursements or costs incurred in 
        connection with prosecution or settlement of the claim, except 
        that costs of medical care incurred by the claimant and the 
        attorney's office overhead costs or charges shall not be 
        deductible disbursements under this paragraph.

SEC. 7. CALCULATION AND PAYMENT OF DAMAGES.

    (a) Limitation on Noneconomic Damages.--The total amount of 
noneconomic damages that may be awarded to a claimant for losses 
resulting from the injury which is the subject of a medical malpractice 
liability action may not exceed $250,000, regardless of the number of 
parties against whom the action is brought or the number of actions 
brought with respect to the injury.
    (b) Periodic Payments for Future Losses.--If more than $50,000 in 
damages for expenses to be incurred in the future is awarded to the 
claimant in a medical malpractice liability action, the court shall, at 
the request of either party, enter a judgment ordering such damages to 
be paid on a periodic basis determined appropriate by the court (based 
upon projections of when such expenses are likely to be incurred).
    (c) Mandatory Offsets for Damages Paid by a Collateral Source.--The 
total amount of damages received by a claimant in a medical malpractice 
liability action shall be reduced by any other payment that has been or 
will be made to the individual to compensate the claimant for the 
injury that was the subject of the action, including payment under--
            (1) Federal or State disability or sickness programs;
            (2) Federal, State, or private health insurance programs;
            (3) private disability insurance programs;
            (4) employer wage continuation programs; and
            (5) any other source of payment intended to compensate the 
        claimant for such injury.

SEC. 8. NOTICE OF ACTION.

    (a) Notice Requirement.--
            (1) In general.--No medical malpractice liability action 
        may be commenced unless the defendant has been given at least 
        90 days notice of the intention to commence the action.
            (2) Contents of notice.--The notice under paragraph (1) 
        shall include the legal basis of the medical malpractice 
        liability claim on which the action is based and the type of 
        loss sustained, including the specific nature of the injuries 
        suffered.
    (b) Effect on Statute of Limitations.--If the notice under 
paragraph (1) is served within 90 days before the expiration of the 
statute of limitations for filing the medical malpractice liability 
action, the time for commencing the action shall extend for 90 days 
after the notice under paragraph (1) is served.
    (c) Effect of Failure to Comply.--Failure to comply with this 
section shall not invalidate any court proceedings in the medical 
malpractice liability action involved, and shall not affect the 
jurisdiction of the court to render a judgment in the action, but a 
failure to comply with this section by an attorney at law shall be 
grounds for professional discipline by the appropriate State agency 
responsible for the conduct of disciplinary actions against attorneys-
at-law.

SEC. 9. INJUNCTIVE RELIEF.

    Whenever any person has engaged or is about to engage in any 
conduct in violation of this Act, the appropriate court may, upon 
application of an interested party, issue an injunction or other 
appropriate order restraining such conduct.

SEC. 10. PREEMPTION.

    (a) In General.--The preceding provisions of this Act supersede any 
State law only to the extent that State law--
            (1) permits the recovery of a greater amount of damages by 
        claimant;
            (2) permits the collection of a greater amount of 
        attorneys' fees by a claimant's attorney; or
            (3) establishes a longer period during which a medical 
        malpractice liability claim may be initiated.
    (b) Effect on Sovereign Immunity and Choice of Law or Venue.--
Nothing in subsection (a) shall be construed to--
            (1) waive or affect any defense of sovereign immunity 
        asserted by any State under any provision of law;
            (2) waive or affect any defense of sovereign immunity 
        asserted by the United States;
            (3) affect the applicability of any provision of the 
        Foreign Sovereign Immunities Act of 1976;
            (4) preempt State choice-of-law rules with respect to 
        claims brought by a foreign country or a citizen of a foreign 
        country; or
            (5) affect the right of any court to transfer venue or to 
        apply the law of a foreign country or to dismiss a claim of a 
        foreign country or of a citizen of a foreign nation on the 
        ground of inconvenient forum.

SEC. 11. PERMITTING STATE PROFESSIONAL SOCIETIES TO PARTICIPATE IN 
              DISCIPLINARY ACTIVITIES.

    (a) Role of Professional Societies.--Notwithstanding any other 
provision of State or Federal law, a State agency responsible for the 
conduct of disciplinary actions for a type of health care practitioner 
may enter into agreements with State or county professional societies 
of such type of health care practitioner to permit such societies to 
participate in the licensing of such health care practitioner, and to 
review any health care malpractice action, health care malpractice 
claim or allegation, or other information concerning the practice 
patterns of any such health care practitioner. Any such agreement shall 
comply with subsection (b).
    (b) Requirements of Agreements.--Any agreement entered into under 
subsection (a) for licensing activities or the review of any health 
care malpractice action, health care malpractice claim or allegation, 
or other information concerning the practice patterns of a health care 
practitioner shall provide that--
            (1) the health care professional society conducts such 
        activities or review as expeditiously as possible;
            (2) after the completion of such review, such society shall 
        report its findings to the State agency with which it entered 
        into such agreement;
            (3) the conduct of such activities or review and the 
        reporting of such findings be conducted in a manner which 
        assures the preservation of confidentiality of health care 
        information and of the review process; and
            (4) no individual affiliated with such society is liable 
        for any damages or injury directly caused by the individual's 
        actions in conducting such activities or review.
    (c) Agreements Not Mandatory.--Nothing in this section may be 
construed to require a State to enter into agreements with societies 
described in subsection (a) to conduct the activities described in such 
subsection.
    (d) Effective Date.--This section shall take effect 2 years after 
the date of the enactment of this Act.

SOLUTION:
Medical Injury Compensation Reform Act of 1993 - Makes this Act applicable, with exceptions, to:  (1) any medical malpractice liability claim and action brought in State or Federal court; and (2) claims accruing or actions brought after three years after enactment of this Act.  Specifies that nothing in this Act shall be construed to establish jurisdiction in U.S. district courts over medical malpractice liability actions on Federal question grounds. 
Prohibits a medical malpractice liability claim from being brought more than two years after the date the alleged injury should reasonably have been discovered, but in no event after four years after the alleged injury occurred, with an exception for minors. 
Sets forth provisions regarding:  (1) attorney's fees (including limitations on contingency fees); (2) calculation and payment of damages (including limitations on noneconomic damages, periodic payments for future losses, and mandatory offsets for damages paid by a collateral source); (3) notice requirements; (4) injunctive relief; and (5) preemption. 
Permits State professional societies to participate in disciplinary activities.