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 ''Arson Prevention Act of 1994''.

SEC. 2. FINDINGS.

Congress finds that_
(1) arson is a serious and costly problem, and is responsible
for approximately 25 percent of all fires in the United States;
(2) arson is a leading cause of fire deaths, accounting for
approximately 700 deaths annually in the United States, and is the
leading cause of property damage due to fire in the United States;
(3) estimates of arson property losses are in the range of
$2,000,000,000 annually, or approximately 1 of every 4 dollars lost
to fire;
(4) the incidence of arson in the United States is seriously
underreported, in part because of the lack of adequate
participation by local jurisdictions in the National Fire Incident
Reporting System (NFIRS) and the Uniform Crime Reporting (UCR)
program;
(5) there is a need for expanded training programs for arson
investigators;
(6) there is a need for improved programs designed to enable
volunteer firefighters to detect arson crimes and to preserve
evidence vital to the investigation and prosecution of arson cases;
(7) according to the National Fire Protection Association, of
all the suspicious and incendiary fires estimated to occur, only
/3\ are confirmed as arson; and
(8) improved training of arson investigators will increase the
ability of fire departments to identify suspicious and incendiary
fires, and will result in increased and more effective prosecution
of arson offenses.

SEC. 3. ARSON PREVENTION GRANTS.

The Federal Fire Prevention and Control Act of 1974 is amended by
inserting after section 24 (15 U.S.C. 2220) the following new section:

''SEC. 25. ARSON PREVENTION GRANTS.

''(a) Definitions._As used in this section:
''(1) Arson._The term 'arson' includes all incendiary and
suspicious fires.
''(2) Office._The term 'Office' means the Office of Fire
Prevention and Arson Control of the United States Fire
Administration.
''(b) Grants._The Administrator, acting through the Office, shall
carry out a demonstration program under which not more than 10 grant
awards shall be made to States, or consortia of States, for programs
relating to arson research, prevention, and control.
''(c) Goals._In carrying out this section, the Administrator shall
award 2-year grants on a competitive, merit basis to States, or
consortia of States, for projects that promote one or more of the
following goals:
''(1) To improve the training by States leading to professional
certification of arson investigators, in accordance with nationally
recognized certification standards.
''(2) To provide resources for the formation of arson task
forces or interagency organizational arrangements involving police
and fire departments and other relevant local agencies, such as a
State arson bureau and the office of a fire marshal of a State.
''(3) To combat fraud as a cause of arson and to advance
research at the State and local levels on the significance and
prevention of fraud as a motive for setting fires.
''(4) To provide for the management of arson squads, including_
''(A) training courses for fire departments in arson case
management, including standardization of investigative
techniques and reporting methodology;
''(B) the preparation of arson unit management guides; and
''(C) the development and dissemination of new public
education materials relating to the arson problem.
''(5) To combat civil unrest as a cause of arson and to advance
research at the State and local levels on the prevention and
control of arson linked to urban disorders.
''(6) To combat juvenile arson, such as juvenile fire-setter
counseling programs and similar intervention programs, and to
advance research at the State and local levels on the prevention of
juvenile arson.
''(7) To combat drug-related arson and to advance research at
the State and local levels on the causes and prevention of drug-
related arson.
''(8) To combat domestic violence as a cause of arson and to
advance research at the State and local levels on the prevention of
arson arising from domestic violence.
''(9) To combat arson in rural areas and to improve the
capability of firefighters to identify and prevent arson initiated
fires in rural areas and public forests.
''(10) To improve the capability of firefighters to identify
and combat arson through expanded training programs, including_
''(A) training courses at the State fire academies; and
''(B) innovative courses developed with the Academy and
made available to volunteer firefighters through regional
delivery methods, including teleconferencing and satellite
delivered television programs.
''(d) Structuring of Applications._The Administrator shall assist
grant applicants in structuring their applications so as to ensure that
at least one grant is awarded for each goal described in subsection
(c).
''(e) State Qualification Criteria._In order to qualify for a grant
under this section, a State, or consortium of States, shall provide
assurances adequate to the Administrator that the State or consortium_
''(1) will obtain at least 25 percent of the cost of programs
funded by the grant, in cash or in kind, from non-Federal sources;
''(2) will not as a result of receiving the grant decrease the
prior level of spending of funds of the State or consortium from
non-Federal sources for arson research, prevention, and control
programs;
''(3) will use no more than 10 percent of funds provided under
the grant for administrative costs of the programs; and
''(4) is making efforts to ensure that all local jurisdictions
will provide arson data to the National Fire Incident Reporting
System or the Uniform Crime Reporting program.
''(f) Extension._A grant awarded under this section may be extended
for one or more additional periods, at the discretion of the
Administrator, subject to the availability of appropriations.
''(g) Technical Assistance._The Administrator shall provide
technical assistance to States in carrying out programs funded by
grants under this section.
''(h) Consultation and Cooperation._In carrying out this section,
the Administrator shall consult and cooperate with other Federal
agencies to enhance program effectiveness and avoid duplication of
effort, including the conduct of regular meetings initiated by the
Administrator with representatives of other Federal agencies concerned
with arson and concerned with efforts to develop a more comprehensive
profile of the magnitude of the national arson problem.
''(i) Assessment._Not later than 18 months after the date of
enactment of this subsection, the Administrator shall submit a report
to Congress that_
''(1) identifies grants made under this section;
''(2) specifies the identity of grantees;
''(3) states the goals of each grant; and
''(4) contains a preliminary assessment of the effectiveness of
the grant program under this section.
''(j) Regulations._Not later than 90 days after the date of
enactment of this subsection, the Administrator shall issue regulations
to implement this section, including procedures for grant applications.
''(k) Administration._The Administrator shall directly administer
the grant program required by this section, and shall not enter into
any contract under which the grant program or any portion of the
program will be administered by another party.
''(l) Purchase of American Made Equipment and Products._
''(1) Sense of congress._It is the sense of Congress that any
recipient of a grant under this section should purchase, when
available and cost-effective, American made equipment and products
when expending grant monies.
''(2) Notice to recipients of assistance._In allocating grants
under this section, the Administrator shall provide to each
recipient a notice describing the statement made in paragraph (1)
by the Congress.''.

SEC. 4. VOLUNTEER FIREFIGHTER TRAINING.

Section 24(a)(2) of the Federal Fire Prevention and Control Act of
1974 (15 U.S.C. 2220(a)(2)) is amended by inserting before the
semicolon the following: '', with particular emphasis on the needs of
volunteer firefighters for improved and more widely available arson
training courses''.

SEC. 5. CPR TRAINING.

The Federal Fire Prevention and Control Act of 1974 is amended by
adding at the end the following new section:

''SEC. 32. CPR TRAINING.

''No funds shall be made available to a State or local government
under section 25 unless such government has a policy to actively
promote the training of its firefighters in cardiopulmonary
resuscitation.''.

SEC. 6. FEDERAL EMPLOYEE HOUSING EXCEPTIONS.

Section 31(c)(1) of the Federal Fire Prevention and Control Act of
1974 (15 U.S.C. 2227(c)(1)) is amended_
(1) in subparagraph (A), by striking ''No Federal'' and
inserting in lieu thereof ''Except as otherwise provided in this
paragraph, no Federal''; and
(2) by adding at the end the following new subparagraphs:
''(C) Housing covered by this paragraph that does not have an
adequate and reliable electrical system shall not be subject to the
requirement under subparagraph (A) for protection by hard-wired smoke
detectors, but shall be protected by battery operated smoke detectors.
''(D) If funding has been programmed or designated for the
demolition of housing covered by this paragraph, such housing shall not
be subject to the fire protection requirements of subparagraph (A), but
shall be protected by battery operated smoke detectors.''.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

Section 17 of the Federal Fire Prevention and Control Act of 1974
(15 U.S.C. 2216) is amended by adding at the end the following new
subsection:
''(h) In addition to any other amounts that are authorized to be
appropriated to carry out this Act, there are authorized to be
appropriated to carry out this Act_
''(1) $500,000 for fiscal year 1995 for basic research on the
development of an advanced course on arson prevention;
''(2) $2,000,000 for fiscal year 1996 for the expansion of
arson investigator training programs at the Academy under section
24 and at the Federal Law Enforcement Training Center, or through
regional delivery sites;
''(3) $4,000,000 for each of fiscal years 1995 and 1996 for
carrying out section 25, except for salaries and expenses for
carrying out section 25; and
''(4) $250,000 for each of the fiscal years 1995 and 1996 for
salaries and expenses for carrying out section 25.''.

SEC. 8. SUNSET.

Notwithstanding any other provision of this Act, no funds are
authorized to be appropriated for any fiscal year after fiscal year
1996 for carrying out the programs for which funds are authorized by
this Act, or the amendments made by this Act.

Speaker of the House of Representatives.

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

SOLUTION: Arson Prevention Act of 1994 - Amends the Fire Prevention and Control Act of 1974 to direct the Administrator of the United States Fire Administration, acting through the Office of Fire Prevention and Arson Control, to carry out a demonstration program under which not more than ten grant awards shall be made to States or consortia of States (States) for programs relating to arson research, prevention, and control.
Directs the Administrator, in carrying out such provision, to award two-year grants on a competitive, merit basis to States for projects that promote one or more of specified goals, including: (1) improving the training by States leading to professional certification of arson investigators; (2) providing resources for the formation of arson task forces or interagency organizational arrangements involving the police and fire departments and other relevant local agencies; (3) combating fraud as a cause of arson and advancing research at the State and local levels on the significance and prevention of fraud as a motive for setting fires; (4) combating juvenile arson, drug-related arson, and domestic violence as a cause of arson; and (5) improving the capability of firefighters to identify and combat arson through expanded training programs.
Sets forth provisions regarding: (1) the structuring of applications; (2) State qualification criteria; (3) the extension of grants; (4) technical assistance; (5) consultation and cooperation with other Federal agencies; (6) assessment; and (7) the purchase of American made equipment and products by grant recipients.
(Sec. 4) Includes within a provision requiring the Administrator to provide training and instructional materials in skills and knowledge necessary to assist Federal, State, and local fire service and law enforcement personnel in arson prevention, detection, and control, a requirement that particular emphasis be placed on the needs of volunteer firefighters for improved and more widely available arson training courses.
(Sec. 5) Prohibits making certain funds available to a State or local government under the Act unless such government has a policy to actively promote the training of its firefighters in cardiopulmonary resuscitation.
(Sec. 6) Exempts Federal employee housing that does not have an adequate and reliable electrical system from the requirement for protection by hard-wired (but requires battery operated) smoke detectors.
(Sec. 7) Authorizes appropriations, including appropriations for basic research on the development of an advanced course on arson prevention and for the expansion of arson investigator training programs at the National Fire Academy and the Federal Law Enforcement Training Center or through regional delivery sites.
(Sec. 8) Prohibits any funds from being authorized to be appropriated for any fiscal year after FY 1996 for carrying out the programs for which funds are authorized by this Act or the amendments made by this Act.

PROBLEM: SECTION 1. DENIAL OF CASH BENEFITS TO DRUG ADDICTS AND ALCOHOLICS.

(a) Amendments Relating to Title II Disability Benefits.--
(1) In general.--Section 225(c) of the Social Security Act
(42 U.S.C. 425(c)) is amended--
(A) by striking ''(c)(1)(A)'' and inserting
''(2)(A)'';
(B) by striking paragraph (7) and by redesignating
paragraphs (2) through (6) as paragraphs (3) through
(7), respectively; and
(C) by inserting before paragraph (2) as
redesignated by subparagraph (A) the following new
paragraph:
''(c)(1) No cash benefits shall be payable under this title to any
individual who is otherwise entitled to benefits under this title based
on disability, if such individual's alcoholism or drug addiction is a
contributing factor material to the Commissioner's determination that
such individual is disabled.''.
(2) Treatment Requirements.--
(A) Section 225(c)(2)(A) of such Act (42 U.S.C.
425(c)(2)(A)), as redesignated by paragraph (1), is
amended to read as follows:
''(2)(A)(i) Any individual who would be entitled to cash benefits
under this title but for the application of paragraph (1) may elect to
comply with the provisions of this subsection.
''(ii) Any individual who is entitled to cash benefits
under this title by reason of disability (or whose entitlement
to such benefits is suspended), and who was entitled to such
benefits by reason of disability, for which such individual's
alcoholism or drug addiction was a contributing factor material
to the Commissioner's determination that such individual was
disabled, for the month preceding the month in which this
paragraph takes effect, shall be required to comply with the
provisions of this subsection.
(B) Section 225(c)(2)(B) of such Act (42 U.S.C.
425(c)(2)(B)), as so redesignated, is amended--
(i) by striking ''who is required under
subparagraph (A)'' and inserting ''described in
clause (ii) of subparagraph (A) who is
required''; and
(ii) by striking ''paragraph (3)'' and
inserting ''paragraph (4)''.
(C) Section 225(c)(3)(A) of such Act (42 U.S.C.
425(c)(3)(A)), as so redesignated, is amended--
(i) by striking ''paragraph (1)'' and
inserting ''paragraph (2)(A)''; and
(ii) by striking ''paragraph (5)'' and
inserting ''paragraph (6)''.
(D) Section 225(c)(3)(B) of such Act (42 U.S.C.
425(c)(3)(B)), as so redesignated, is amended by
striking ''paragraph (1)'' and inserting ''paragraph
(2)(A)''.
(E) Section 225(c)(5) of such Act (42 U.S.C.
425(c)(5)), as so redesignated, is amended by striking
''paragraph (2)'' and inserting ''paragraph (3)''.
(F) Section 225(c)(6)(A) of such Act (42 U.S.C.
425(c)(6)(A), as so redesignated, is amended--
(i) by striking ''who are receiving
benefits under this title and who as a
condition of payment of such benefits'' and
inserting ''described in paragraph (2)(A)(i)
who elect to undergo treatment; and the
monitoring and testing of all individuals
described in paragraph (2)(A)(ii) who'';
(ii) by striking ''under paragraph (1)'';
and
(iii) by striking ''paragraph (2)(A)'' and
inserting ''paragraph (3)(A)''.
(G) Section 225(c)(6)(C)(ii)(I) of such Act (42
U.S.C. 425(c)(6)(C)(ii)(I)), as so redesignated, is
amended--
(i) by striking ''residing in the State''
and all that follows through ''they are
disabled'' and inserting ''described in
paragraph (2)(A) residing in the State''; and
(ii) by striking ''paragraph (2)(A)'' and
inserting ''paragraph (3)(A)''.
(H) Section 225(c)(6)(C)(ii)(III) of such Act (42
U.S.C. 425(c)(6)(C)(ii)(III)), as so redesignated, is
amended by striking ''paragraph (2)(A)'' and inserting
''paragraph (3)(A)''.
(I) Section 225(c)(6)(C) of such Act (42 U.S.C.
425(c)(6)(C)), as so redesignated, is amended by adding
at the end the following:
''(iii) The monitoring requirements of clause (ii) shall not apply
in the case of any individual described in paragraph (2)(A)(i) who
fails to comply with the requirements of paragraph (2).''.
(J) Section 225(c)(7) of such Act (42 U.S.C.
425(c)(7)), as so redesignated, is amended--
(i) in subparagraph (A), by striking ''who
is entitled'' and all that follows through ''is
under a disability'' and inserting ''described
in paragraph (2)(A)''; and
(ii) in subparagraph (D), by striking ''(4)
or (7)'' and inserting ''(5)''.
(K) Section 225(c)(8) of such Act (42 U.S.C.
425(c)(8)) is amended by striking ''(1), (4) or (7)''
and inserting ''(2) or (5)''.
(L) Section 225(c) of such Act (42 U.S.C. 425(c))
is amended by adding at the end the following new
paragraphs:
''(10) The Commissioner shall provide appropriate notification to
each individual subject to the limitation on cash benefits contained in
paragraph (1) and the treatment provisions contained in paragraph (2).
''(11) The requirements of paragraph (2) shall cease to apply to
any individual if the Commissioner determines that such individual no
longer needs treatment.''.
(3) Representative payee requirements.--
(A) Section 205(j)(1)(B) of such Act (42 U.S.C.
405(j)(1)(B)) is amended to read as follows:
''(B) In the case of an individual entitled to benefits based on
disability, the payment of such benefits shall be made to a
representative payee if the Commissioner of Social Security determines
that such payment would serve the interest of the individual because
the individual also has an alcoholism or drug addiction condition (as
determined by the Commissioner) and the individual is incapable of
managing such benefits.''.
(B) Section 205(j)(2)(C)(v) of such Act (42 U.S.C.
405(j)(2)(C)(v)) is amended by striking ''entitled to
benefits'' and all that follows through ''under a
disability'' and inserting ''described in paragraph
(1)(B)''.
(C) Section 205(j)(2)(D)(ii)(II) of such Act (42
U.S.C. 405(j)(2)(D)(ii)(II)) is amended by striking all
that follows ''15 years, or'' and inserting ''described
in paragraph (1)(B).''.
(D) Section 205(j)(4)(A)(i)(II) of such Act (42
U.S.C. 405(j)(4)(A)(ii)(II)) is amended by striking
''entitled to benefits'' and all that follows through
''under a disability'' and inserting ''described in
paragraph (1)(B)''.
(b) Amendments Relating to SSI Benefits.--
(1) In general.--Section 1611(e)(3) of the Social Security
Act (42 U.S.C. 1382(e)(3)) is amended--
(A) by striking ''(B)'' and inserting ''(C)'';
(B) by striking ''(3)(A)'' and inserting ''(B)'';
and
(C) by inserting before subparagraph (B) as
redesignated by paragraph (2) the following new
subparagraph:
''(3)(A) No cash benefits shall be payable under this title to any
individual who is otherwise eligible for benefits under this title by
reason of disability, if such individual's alcoholism or drug addiction
is a contributing factor material to the Commissioner's determination
that such individual is disabled.''.
(2) Treatment requirements.--
(A) Section 1611(e)(3)(B)(i)(I) of such Act (42
U.S.C. 1382(e)(3)(B)(i)(I)), as redesignated by
paragraph (1), is amended to read as follows:
''(B)(i)(I)(aa) Any individual who would be eligible for cash
benefits under this title but for the application of subparagraph (A)
may elect to comply with the provisions of this subparagraph.
''(bb) Any individual who is eligible for cash benefits
under this title by reason of disability (or whose eligibility
for such benefits is suspended) or is eligible for benefits
pursuant to section 1619(b), and who was eligible for such
benefits by reason of disability, for which such individual's
alcoholism or drug addiction was a contributing factor material
to the Commissioner's determination that such individual was
disabled, for the month preceding the month in which this
subparagraph takes effect, shall be required to comply with the
provisions of this subparagraph.''.
(B) Section 1611(e)(3)(B)(i)(II) of such Act (42
U.S.C. 1382(e)(3)(B)(i)(II)), as so redesignated, is
amended by striking ''who is required under subclause
(I)'' and inserting ''described in division (bb) of
subclause (I) who is required''.
(C) Subclauses (I) and (II) of section
1611(e)(3)(B)(ii) of such Act (42 U.S.C.
1382(e)(3)(B)(ii)), as so redesignated, are each
amended by striking ''clause (i)'' and inserting
''clause (i)(I)''.
(D) Section 1611(e)(3)(B) of such Act (42 U.S.C.
1382(e)(3)(B)), as so redesignated, is amended by
striking clause (v) and by redesignating clause (vi) as
clause (v).
(E) Section 1611(e)(3)(B)(v) of such Act (42 U.S.C.
1382(e)(3)(B)(v)), as redesignated by subparagraph (D),
is amended--
(i) in subclause (I), by striking ''who is
eligible'' and all that follows through ''is
disabled'' and inserting ''described in clause
(i)(I)''; and
(ii) in subclause (V), by striking ''or
(v)''.
(F) Section 1611(e)(3)(C)(i) of such Act (42 U.S.C.
1382(e)(3)(C)(i)), as redesignated by paragraph (1), is
amended by striking ''who are receiving benefits under
this title and who as a condition of such benefits''
and inserting ''described in subparagraph (B)(i)(I)(aa)
who elect to undergo treatment; and the monitoring and
testing of all individuals described in subparagraph
(B)(i)(I)(bb) who''.
(G) Section 1611(e)(3)(C)(iii)(II)(aa) of such Act
(42 U.S.C. 1382(e)(3)(C)(iii)(II)(aa)), as so
redesignated, is amended by striking ''residing in the
State'' and all that follows through ''they are
disabled'' and inserting ''described in subparagraph
(B)(i)(I) residing in the State''.
(H) Section 1611(e)(3)(C)(iii) of such Act (42
U.S.C. 1382(e)(3)(C)(iii)), as so redesignated, is
amended by adding at the end the following:
''(III) The monitoring requirements of subclause (II) shall not
apply in the case of any individual described in subparagraph
(B)(i)(I)(aa) who fails to comply with the requirements of subparagraph
(B).''.
(I) Section 1611(e)(3) of such Act (42 U.S.C.
1382(e)(3)), as amended by paragraph (1), is amended by
adding at the end the following new subparagraphs:
''(D) The Commissioner shall provide appropriate notification to
each individual subject to the limitation on cash benefits contained in
subparagraph (A) and the treatment provisions contained in subparagraph
(B).
''(E) The requirements of subparagraph (B) shall cease to apply to
any individual if the Commissioner determines that such individual no
longer needs treatment.''.
(3) Representative payee requirements.--
(A) Section 1631(a)(2)(A)(ii)(II) of such Act (42
U.S.C. 1383(a)(2)(A)(ii)(II)) is amended to read as
follows:
''(II) In the case of an individual eligible for benefits under
this title by reason of disability, the payment of such benefits shall
be made to a representative payee if the Commissioner of Social
Security determines that such payment would serve the interest of the
individual because the individual also has an alcoholism or drug
addiction condition (as determined by the Commissioner) and the
individual is incapable of managing such benefits.''.
(B) Section 1631(a)(2)(B)(vii) of such Act (42
U.S.C. 1383(a)(2)(B)(vii)) is amended by striking
''eligible for benefits'' and all that follows through
''is disabled'' and inserting ''described in
subparagraph (A)(ii)(II)''.
(C) Section 1631(a)(2)(B)(ix)(II) of such Act (42
U.S.C. 1383(a)(2)(B)(ix)(II)) is amended by striking
all that follows ''15 years, or'' and inserting
''described in subparagraph (A)(ii)(II).''.
(D) Section 1631(a)(2)(D)(i)(II) of such Act (42
U.S.C. 1383(a)(2)(D)(i)(II)) is amended by striking
''eligible for benefits'' and all that follows through
''is disabled'' and inserting ''described in
subparagraph (A)(ii)(II)''.
(4) Preservation of medicaid eligibility.--Section 1634(e)
of such Act (42 U.S.C. 1382(e)) is amended--
(A) by striking ''clause (i) or (v) of section
1611(e)(3)(A)'' and inserting ''subparagraph (A) or
subparagraph (B)(i)(II) of section 1611(e)(3)''; and
(B) by adding at the end the following: ''This
subsection shall cease to apply to any such person if
the Commissioner determines that such person no longer
needs treatment.''.
(5) Conforming amendment.--Section 201(c) of the Social
Security Independence and Program Improvements Act of 1994 (42
U.S.C. 425 note) is repealed.
(c) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to applicants for
benefits under title II or title XVI of the Social Security Act
for months beginning on or after the date of the enactment of
this Act, without regard to whether regulations have been
issued to implement such amendments.
(2) Application to current recipients.--Notwithstanding any
other provision of law, in the case of an individual who is
receiving benefits under title II of the Social Security Act or
supplemental security income benefits under title XVI of such
Act as of the date of the enactment of this Act and whose
entitlement or eligibility for such benefits would terminate by
reason of the amendments made by this section, such amendments
shall apply with respect to the benefits of such individual for
months beginning on or after January 1, 1997, and the
Commissioner of Social Security shall so notify the individual
not later than 90 days after the date of the enactment of this
Act.
(3) Benefits under title xvi.--For purposes of this
subsection, the term ''benefits under title XVI of the Social
Security Act'' includes supplementary payments pursuant to an
agreement for Federal administration under section 1616(a) of
the Social Security Act, and payments pursuant to an agreement
entered into under section 212(b) of Public Law 93-66.

SOLUTION: Denies monthly cash disability benefits under titles II (Old Age, Survivors and Disability Insurance) (OASDI) and XVI (Supplemental Security Income) (SSI), respectively, of the Social Security Act for drug addicts and alcoholics whose substance abuse is a contributing factor material to their disability. Allows such individuals, instead, to elect to undergo treatment for their substance abuse. (Currently, such recipients are required to undergo treatment only at approved facilities or institutions.)
Revises OASDI and SSI program representative payee requirements to require the payment of program benefits through a representative payee if it is in the interest of an otherwise disabled individual with an alcohol or drug addiction condition who is incapable of managing such benefits.
Preserves the Medicaid eligibility of SSI recipients denied cash disability benefits because of the connection between their drug addiction or alcoholism and their disability.

PROBLEM: SECTION 1. PAYMENTS FOR FUTURE LOSSES IN A HEALTH CARE LIABILITY
ACTION.

(a) In General.--In any health care liability action, brought under
Federal law or in a Federal court, in which the damages awarded to a
claimant for future economic and noneconomic loss combined exceed
$50,000, the claimant shall not be required to receive such damages in
a single, lump-sum payment.
(b) Periodic Payments.--A claimant who is awarded damages described
in subsection (a) shall be entitled to request the court to order that
such damages be paid in whole or in part on a periodic basis. A court
awarding such periodic payments shall attempt to ensure that the amount
of such payments, along with any lump-sum payment, constitute a full
recovery of the claimant's future loss and that the payment schedule is
in the best interests of the claimant.

SEC. 2. NONAPPLICABILITY.

Section 1 shall not apply with respect to any health care liability
action--
(1) for damages arising from a vaccine-related injury or
death to the extent that title XXI of the Public Health Service
Act (42 U.S.C. 300aa-10 et seq.) applies to the action; or
(2) under the Employee Retirement Income Security Act of
1974 (29 U.S.C. 1001 et seq.).

SEC. 3. FINALITY OF JUDGMENT.

Except where specifically authorized by statute, the judgment of a
court awarding periodic payments described in section 1(b) may not, in
the absence of fraud, be reopened at any time to contest, amend, or
modify the schedule or amount of the payments.

SEC. 4. ASSURANCE OF FUTURE PERIODIC PAYMENTS.

A court awarding periodic payments described in section 1(b) shall,
upon request of the claimant to receive the award, require the person
ordered to make the payments to make assurances that satisfy the court
that the payments will be made by--
(1) making a qualified assignment (as described in section
130 of the Internal Revenue Code of 1986) of the periodic
payment liability;
(2) purchasing an annuity contract issued by a company
licensed to do business as an insurance company under the laws
of any State;
(3) purchasing obligations of the United States; or
(4) providing other assurances.

SEC. 5. LUMP-SUM SETTLEMENTS.

This Act shall not be construed to preclude a settlement that
provides for a single, lump-sum payment.

SEC. 6. DEFINITIONS.

In this Act--
(1) the term ''claimant'' means any person who brings a
health care liability action and any person on whose behalf
such an action is brought;
(2) the term ''health benefit plan'' means--
(A) a hospital or medical expense incurred policy
or certificate;
(B) a hospital or medical service plan contract;
(C) a health maintenance subscriber contract; or
(D) a Medicare+Choice plan (offered under part C of
title XVIII of the Social Security Act),
that provides benefits with respect to health care services;
(3) the term ''health care liability action'' means a civil
action against--
(A) a health care provider;
(B) an entity which is obligated to provide or pay
for health benefits under any health benefit plan
(including any person or entity acting under a contract
or arrangement to provide or administer any health
benefit); or
(C) the manufacturer, distributor, supplier,
marketer, promoter, or seller of a medical product,
in which the claimant alleges a claim (including third party
claims, cross claims, counter claims, or contribution claims)
based upon the provision of (or the failure to provide or pay
for) health care services or the use of a medical product;
(4) the term ''health care provider'' means any person
engaged in the delivery of health care services in a State that
is required by the laws or regulations of the State to be
licensed or certified by the State to engage in the delivery of
such services in the State;
(5) the term ''health care services'' means services
eligible for payment under a health benefit plan, including
services related to the delivery or administration of such
services; and
(6) the term ''medical product'' means, with respect to the
allegation of a claimant, a drug (as defined in section
201(g)(1) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 321(g)(1)) or a device (as defined in section 201(h) of
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(h))
if--
(A) such drug or device--
(i) was subject to premarket approval under
section 505 or 515 of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 355 or 360e) or
licensed under section 351 of the Public Health
Service Act (42 U.S.C. 262) with respect to the
safety of the formulation or performance of the
aspect of such drug or device which is the
subject of the claimant's allegation or the
adequacy of the packaging or labeling of such
drug or device; and
(ii) was approved by the Food and Drug
Administration at the time that the claimant's
claim of action arose; or
(B) the drug or device is generally recognized as
safe and effective under regulations issued by the
Secretary of Health and Human Services under section
201(p) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 321(p)),
except that such term shall not include any product that the
claimant can show gained approval for marketing from the Food
and Drug Administration as a result of withheld information,
misrepresentation, or an illegal payment by the manufacturer of
the product.

SOLUTION:
Provides that in a health care liability action brought under Federal law or in Federal court in which damages awarded to a claimant for future economic and noneconomic loss combined exceed $50,000, the claimant shall not be required to receive such damages in a single, lump-sum payment.
Entitles such claimant to request the court to order payment in whole or in part on a periodic basis. Requires a court awarding periodic payments to attempt to ensure that the amount of such payments, along with any lump-sum payment, constitute a full recovery of the claimant's future loss and that the payment schedule is in the best interests of the claimant.
(Sec. 2) Makes such provisions inapplicable to any such action: (1) for damages arising from a vaccine-related injury or death to the extent that provisions of the Public Health Service Act (regarding the National Vaccine Injury Compensation Program) apply; or (2) under the Employee Retirement Income Security Act of 1974.
(Sec. 3) Provides that, except where specifically authorized by statute, the judgment of a court awarding periodic payments may not, in the absence of fraud, be reopened at any time to contest, amend, or modify the schedule or amount of the payments.
(Sec. 4) Directs that a court awarding such periodic payments, upon request of the claimant to receive the award, require the person ordered to make the payments to make assurances that satisfy the court that the payments will be made by: (1) making a qualified assignment of the periodic payment liability; (2) purchasing an annuity contract issued by a company licensed to do business as an insurance company under the laws of any State; (3) purchasing obligations of the United States; or (4) providing other assurances.
(Sec. 5) Specifies that this Act shall not be construed to preclude a settlement that provides for a single, lump-sum payment.