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 ``Family Investment Package''.

SEC. 2. ASSISTANCE FOR LOW-INCOME WORKING FAMILIES.

    (a) Block Grants.--Section 658B of the Child Care Development Block 
Grant Act of 1990 (42 U.S.C. 9858) is amended to read as follows:

``SEC. 658B. FUNDING OF GRANTS.

    ``(a) Authorization of Appropriations.--Except as provided in 
subsection (b), there is authorized to be appropriated to carry out 
this subchapter $2,000,000,000 for each of fiscal years 1997 through 
2002.
    ``(b) Appropriation.--The Secretary shall pay, from funds in the 
Treasury not otherwise appropriated, $1,400,000,000 for fiscal years 
1997 through 2002, through the awarding of grants to States under this 
subchapter for the purpose of providing child care services for 
families who have left the State program of assistance under part A of 
title IV of the Social Security Act because of employment, families 
that are at risk of becoming dependent on such assistance program, and 
low-income working families described in section 658E(c)(3)(D). Funds 
shall be paid under this subsection to the States in the same manner, 
and subject to the same requirements and limitations, as funds are paid 
to the States under section 418 of the Social Security Act (42 U.S.C. 
618).''.
    (b) Grants for Child Care Supply Shortages.--Section 658E(c)(3) of 
the Child Care Development Block Grant Act of 1990 (42 U.S.C. 
9858c(c)(3)) is amended by adding at the end the following:
                    ``(E) Child care supply shortages.--
                            ``(i) In general.--A State shall ensure 
                        that 100 percent of amounts paid to the State 
                        out of funds appropriated under section 
                        658B(a)(2) with respect to each of the fiscal 
                        years 1997 through 2002 shall be used to carry 
                        out child care activities described in clause 
                        (ii) in geographic areas within the State that 
                        have a shortage, as determined by the State, in 
                        consultation with localities, of child care 
                        services.
                            ``(ii) Child care activities described.--
                        The child care activities described in this 
                        clause include the following:
                                    ``(I) Infant care programs.
                                    ``(II) Before- and after-school 
                                child care programs.
                                    ``(III) Resource and referral 
                                programs.
                                    ``(IV) Nontraditional work hours 
                                child care programs.
                                    ``(V) Extending the hours of pre-
                                kindergarten programs to provide full-
                                day services.
                                    ``(VI) Any other child care 
                                programs that the Secretary determines 
                                are appropriate.''.
    (c) Authorization of Appropriations for Low-Income Working 
Families.--
            (1) In general.--Section 658B(a) of the Child Care 
        Development Block Grant Act of 1990 (42 U.S.C. 9858(a)), as 
        amended by subsection (f), is amended--
                    (A) by striking ``Except as provided in'' and 
                inserting the following:
            ``(1) In general.--Except as provided in paragraph (2) 
        and''; and
                    (B) by adding at the end the following:
            ``(2) Child care supply shortages.--There is authorized to 
        be appropriated to carry out section 658E(c)(3)(E), 
        $500,000,000 for each of fiscal years 1997 through 2002.''.
            (2) Conforming amendment.--Section 658(c)(3)(A) of the 
        Child Care Development Block Grant Act of 1990 (42 U.S.C. 
        9858c(c)(3)(A)) is amended by striking ``(D)'' and inserting 
        ``(E)''.
    (d) Report on Access to Child Care by Low-Income Working 
Families.--
            (1) In general.--Section 658K(a)(2) of the Child Care 
        Development Block Grant Act of 1990 (42 U.S.C. 9858i(a)(2)) is 
        amended--
                    (A) in subparagraph (D), by striking ``and'' at the 
                end; and
                    (B) by inserting after subparagraph (E), the 
                following:
                    ``(F) the total number of families described in 
                section 658B(b) that were eligible for but did not 
                receive assistance under this subchapter or under 
                section 418 of the Social Security Act and a 
                description of the obstacles to providing such 
                assistance; and
                    ``(G) the total number of families described in 
                section 658B(b) that received assistance provided under 
                this subchapter or under section 418 of the Social 
                Security Act and a description of the manner in which 
                that assistance was provided;''.
            (2) Secretarial reporting requirement.--Section 658L of the 
        Child Care Development Block Grant Act of 1990 (42 U.S.C. 
        9858j) is amended by inserting ``, with particular emphasis on 
        access of low-income working families,'' after ``public''.
    (e) Effective Date.--The amendments made by this section shall take 
effect as if included in the enactment of the Personal Responsibility 
and Work Opportunity Reconciliation Act of 1996 (Public Law 104-193, 
110 Stat. 2105).

SOLUTION: Family Investment Package - Amends the Child Care Development Block Grant Act of 1990 to increase the authorization of appropriations for FY 1997 through 2002 for block grants to States for child care assistance for low-income working families. 
Authorizes separate appropriations for such period for grants to States for specified child care activities in geographic areas with child care supply shortages. 
Authorizes appropriations in a specified amount to the Secretary of Health and Human Services for FY 1997 through 2002 to award grants to States for providing child care services for families who have left the State program of assistance under part A (Temporary Assistance for Needy Families) of title IV of the Social Security Act because of employment, families that are at risk of becoming dependent on such assistance program, and low-income working families. 
Requires States and the Secretary to report on access to child care by low-income working families.

PROBLEM: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Right to Try Act''.

SEC. 2. USE OF UNAPPROVED MEDICAL PRODUCTS BY PATIENTS DIAGNOSED WITH A 
              TERMINAL ILLNESS.

    (a) In General.--Notwithstanding the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 301 et seq.), the Controlled Substances Act (21 
U.S.C. 801 et seq.), and any other provision of Federal law, the 
Federal Government shall not take any action to prohibit or restrict--
            (1) the production, manufacture, distribution, prescribing, 
        or dispensing of an experimental drug, biological product, or 
        device that--
                    (A) is intended to treat a patient who has been 
                diagnosed with a terminal illness; and
                    (B) is authorized by, and in accordance with, State 
                law; and
            (2) the possession or use of an experimental drug, 
        biological product, or device--
                    (A) that is described in subparagraphs (A) and (B) 
                of paragraph (1); and
                    (B) for which the patient has received a 
                certification from the patient's treating physician in 
                accordance with subsection (b).
    (b) Physician Certification.--A certification by the patient's 
treating physician referred to in subsection (a)(2)(B) must include 
each of the following:
            (1) A certification that the physician--
                    (A) is in good standing with the physician's 
                certifying organization or board; and
                    (B) has personally examined the patient.
            (2) A certification that there is no reason to conclude the 
        experimental drug, biological product, or device poses an 
        unreasonable and significant risk of danger to the patient.
            (3) A certification that the patient has been diagnosed 
        with a terminal disease or condition and does not have any 
        treatment options that--
                    (A) are comparable to treatment using the 
                experimental drug, biological product, or device or 
                otherwise satisfactory; and
                    (B) are approved, licensed, or cleared for 
                commercial distribution under section 505, 510(k), or 
                515 of the Federal Food, Drug, and Cosmetic Act (21 
                U.S.C. 355, 360(k), 360(e)) or section 351 of the 
                Public Health Service Act (42 U.S.C. 262) and are 
                available to diagnose, monitor, or treat the patient's 
                disease or condition.
            (4) A certification that the probable risk to the patient 
        from the experimental drug, biological product, or device is 
        not greater than the probable risk from the patient's disease 
        or condition.
            (5) A certification that the physician has provided the 
        patient with a written statement and oral explanation of the 
        medical treatment to be provided using the experimental drug, 
        biological product, or device.
            (6) An acknowledgement signed by the patient (or the 
        patient's legal representative) that the physician has provided 
        the written statement and oral explanation required by 
        paragraph (5), and has disclosed the following:
                    (A) That the medical treatment using the 
                experimental drug, biological product, or device is 
                experimental or nonconventional.
                    (B) That the experimental drug, biological product, 
                or device has not been approved, licensed, or cleared 
                for commercial distribution under section 505, 510(k), 
                or 515 of the Federal Food, Drug, and Cosmetic Act (21 
                U.S.C. 355, 360(k), 360(e)) or section 351 of the 
                Public Health Service Act (42 U.S.C. 262) for any 
                indication.
                    (C) The material risks generally recognized by a 
                reasonably prudent physician of the medical treatment's 
                side effects.
                    (D) An explanation of the medical treatment, 
                including the expected frequency and duration of the 
                treatment.
    (c) No Liability or Use of Outcomes.--
            (1) No liability.--Notwithstanding any other provision of 
        law, no liability shall lie against a producer, manufacturer, 
        distributor, prescriber, dispenser, possessor, or user of an 
        experimental drug, biological product, or device for the 
        production, manufacture, distribution, prescribing, dispensing, 
        possession, or use of an experimental drug, biological product, 
        or device that is in compliance, with subsection (a).
            (2) No use of outcomes.--Notwithstanding any other 
        provision of law, the outcome of any production, manufacture, 
        distribution, prescribing, dispensing, possession, or use of an 
        experimental drug, biological product, or device that was done 
        in compliance with subsection (a) shall not be used by a 
        Federal agency reviewing the experimental drug, biological 
        product, or device to delay or otherwise adversely impact 
        review or approval of such experimental drug, biological 
        product, or device.
    (d) Rules of Construction.--Nothing in this Act shall be construed 
to--
            (1) require a manufacturer or other person to make 
        available any experimental drug, biological product, or device; 
        or
            (2) prohibit a manufacturer or other person from receiving 
        compensation or recovering costs for the production, 
        manufacture, distribution, or sale of an experiment drug, 
        biological product, or device.
    (e) Definitions.--In this section:
            (1) Biological product.--The term ``biological product'' 
        has the meaning given to such term in section 351 of the Public 
        Health Service Act (42 U.S.C. 262).
            (2) Device; drug.--The terms ``device'' and ``drug'' have 
        the meanings given to such terms in section 201 of the Federal 
        Food, Drug, and Cosmetic Act (21 U.S.C. 321).
            (3) Experimental drug, biological product, or device.--The 
        term ``experimental drug, biological product, or device'' means 
        a drug, biological product, or device that--
                    (A) has successfully completed a phase 1 clinical 
                investigation;
                    (B) remains under investigation in a clinical trial 
                approved by the Food and Drug Administration; and
                    (C) is not approved, licensed, or cleared for 
                commercial distribution under section 505, 510(k), or 
                515 of the Federal Food, Drug, and Cosmetic Act (21 
                U.S.C. 355, 360(k), 360(e)) or section 351 of the 
                Public Health Service Act (42 U.S.C. 262).
            (4) Phase 1 clinical investigation.--The term ``phase 1 
        clinical investigation'' means a phase 1 clinical 
        investigation, as described in section 312.21 of title 21, Code 
        of Federal Regulations (or any successor regulations).
            (5) Terminal illness.--The term ``terminal illness'' has 
        the meaning given to such term in the State law specified in 
        subsection (a)(1)(B).

SOLUTION: Right to Try Act This bill requires the federal government to allow unrestricted manufacturing, distribution, prescribing, and dispensing of experimental drugs, biological products, and medical devices that are authorized by state law and intended to treat terminally ill patients. Patients receiving these treatments must be certified by a physician as having exhausted all other treatment options and as being at greater risk from their medical condition than the treatment. The physician must explain the treatment to the patient, including that the treatment is experimental, and the patient, or the patient's legal representative, must acknowledge the explanation. A manufacturer, distributor, prescriber, dispenser, possessor, or user of such a treatment has no liability regarding the treatment. The outcome of manufacture, distribution, prescribing, dispensing, possession, or use of such a treatment may not be used by a federal agency to adversely impact review or approval of the treatment. The treatment must: (1) have successfully completed a phase 1 (initial, small scale) clinical trial; (2) remain under investigation in a clinical trial approved by the Food and Drug Administration (FDA); and (3) not be approved, licensed, or cleared for sale by the FDA.  

PROBLEM: .

    (a) Qualified Expert Opinion.--
            (1) Accompanying affidavit.--No medical malpractice 
        liability action may be brought against a health care 
        professional or a health care provider by any claimant unless, 
        at the time the claimant brings the action (except as provided 
        in subsection (c)), it is accompanied by the affidavit of a 
        qualified specialist or medical expert containing the 
        information required by paragraph (2).
            (2) Contents of affidavit.--To satisfy the requirements of 
        paragraph (1), the affidavit shall include the specialist's or 
        expert's statement of belief that, based on a review of the 
        available medical record and other relevant material, there is 
        a reasonable and meritorious cause for the filing of the 
        action.
    (b) Qualified Specialist or Medical Expert.--With respect to a 
medical malpractice liability action, a qualified specialist or medical 
expert is a person who has been so recognized by the Secretary or has 
received proper accreditation from the medical licensing board of any 
State, such that such qualified specialist or medical expert is 
recognized--
            (1) to be knowledgeable in the relevant issues involved in 
        the action;
            (2) to practice (or to have practiced) or to teach (or to 
        have taught) in the same area of health care or medicine that 
        is at issue in the action; and
            (3) in the case of an action against a physician, to be 
        board certified in a speciality relating to that area of 
        medicine.
    (c) Extension in Certain Instances.--
            (1) Unavailability of adequate medical records.--Subject to 
        paragraph (2), subsection (a) shall not apply with respect to a 
        claimant who brings a medical malpractice liability action 
        without submitting an affidavit described in such subsection 
        if, as of the time the claimant brings the action, the claimant 
        certifies that adequate medical records or other information 
        necessary to prepare the affidavit are unavailable.
            (2) Time limit.--In the case of an claimant who brings an 
        action for which paragraph (1) applies, the action shall be 
        dismissed unless the claimant submits the affidavit described 
        in subsection (a) not later than 120 days after commencement of 
        the action.
    (d) Medical Malpractice Arbitration Panels.--
            (1) Establishment.--The Secretary of Health and Human 
        Services shall provide for the establishment of medical 
        malpractice arbitration panels which shall hear and render a 
        decision on all medical malpractice claims.
            (2) Composition of arbitration panels.--Arbitration shall 
        be conducted by one or more arbitrators who--
                    (A) are qualified specialists or medical experts; 
                and
                    (B) are selected by agreement of the parties, or, 
                if the parties do not agree, who are qualified under 
                applicable State law and selected by the court.
            (3) Mandatory participation and dissatisfaction.--
                    (A) Mandatory participation.--Participation in 
                arbitration to resolve a medical malpractice claim is 
                mandatory, and shall be in lieu of any other 
                alternative dispute resolution method required by any 
                other law or by any contractual arrangement made by or 
                on behalf of the parties to the arbitration before the 
                commencement of the action.
                    (B) Dissatisfaction.--Any party dissatisfied with a 
                determination reached by a medical malpractice 
                arbitration panel with respect to a medical malpractice 
                claim as a result of such arbitration shall not be 
                bound by such determination, and may bring a civil 
                action in any Federal district court of competent 
                jurisdiction within the 30-day period beginning on the 
                date such determination was reached. The determination 
                of such arbitration, and all statements, offers, and 
                communications made during such arbitration, shall be 
                inadmissible for purposes of adjudicating such action.
            (4) Frivolousness.--
                    (A) Federal district court.--Except as provided in 
                subparagraph (B), if a medical malpractice arbitration 
                panel determines a medical malpractice claim to be 
                frivolous, the panel shall dismiss such claim. If such 
                claim is dismissed, the claimant may bring a civil 
                action in any Federal district court of competent 
                jurisdiction. If the defendant prevails in such action, 
                the court may, in its discretion and as the interests 
                of justice require, assess against the claimant a 
                reasonable attorney's fee and other litigation costs 
                and expenses (including expert fees) reasonably 
                incurred.
                    (B) Exception.--If a medical malpractice 
                arbitration panel is unable to determine if a medical 
                malpractice claim is frivolous, the panel may dismiss 
                such claim. If such claim is dismissed, the claimant 
                may bring a civil action in any Federal district court 
                of competent jurisdiction. If the claimant prevails in 
                such action, each party shall individually be 
                responsible for reasonable attorney's fee and other 
                litigation costs and expenses (including expert fees) 
                reasonably incurred.
            (5) Disclosure.--Each State shall disclose to residents of 
        the State the procedures relating to arbitration and formal 
        adjudication for resolution of medical malpractice claims.
            (6) Additional requirements.--The Attorney General, in 
        consultation with the Secretary for Health and Human Services, 
        shall proscribe regulations to ensure that medical malpractice 
        arbitration is carried out in a manner that--
                    (A) is affordable for the parties involved;
                    (B) encourages timely resolution of medical 
                malpractice claims;
                    (C) encourages the consistent and fair resolution 
                of such claims; and
                    (D) provides for reasonably convenient access to 
                dispute resolution.
    (e) Effective Date.--This section shall apply with respect to any 
medical malpractice claim that arises more than 180 days after the date 
of the enactment of this Act.

SEC. 5. PREEMPTION.

    The provisions of this Act shall preempt any State law to the 
extent such law is inconsistent with the provisions of this Act.

SOLUTION:
Medical Malpractice Insurance Corporation Act - Authorizes the establishment of corporations to provide medical malpractice insurance to health care professionals and providers based on customary coverage terms and liability amounts. Requires the Secretary of Health and Human Services to certify corporations as medical malpractice insurance corporations if they meet the requirements of this Act, which include that excess earnings of such corporations are used to reduce premiums paid by the insured. Allows such corporations to operate and function without hindrance or impedance in all states.

Prohibits any medical malpractice liability action from being brought against a health care professional or provider without an affidavit from a qualified specialist or medical expert that there is a reasonable and meritorious cause for filing the action.

Requires the Secretary to establish medical malpractice arbitration panels to hear and render decisions on all medical malpractice claims. Mandates participation in such panels. Allows participants dissatisfied with the results to bring a federal civil action.

Requires the Attorney General to proscribe regulations to ensure that such arbitration: (1) is affordable; (2) encourages timely resolution of medical malpractice claims; (3) encourages the consistent and fair resolution of such claims; and (4) provides for reasonable convenient access to dispute resolution.