In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.

Input: Consider Input: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Public Safety Officer Medal of Valor
Act of 2001''.

SEC. 2. AUTHORIZATION OF MEDAL.

After September 1, 2001, the President may award, and present in
the name of Congress, a Medal of Valor of appropriate design, with
ribbons and appurtenances, to a public safety officer who is cited by
the Attorney General, upon the recommendation of the Medal of Valor
Review Board, for extraordinary valor above and beyond the call of
duty. The Public Safety Medal of Valor shall be the highest national
award for valor by a public safety officer.

SEC. 3. MEDAL OF VALOR BOARD.

(a) Establishment of Board.--There is established a Medal of Valor
Review Board (hereinafter in this Act referred to as the ''Board''),
which shall be composed of 11 members appointed in accordance with
subsection (b) and shall conduct its business in accordance with this
Act.
(b) Membership.--
(1) Members.--The members of the Board shall be individuals
with knowledge or expertise, whether by experience or training,
in the field of public safety, of which--
(A) two shall be appointed by the majority leader
of the Senate;
(B) two shall be appointed by the minority leader
of the Senate;
(C) two shall be appointed by the Speaker of the
House of Representatives;
(D) two shall be appointed by the minority leader
of the House of Representatives; and
(E) three shall be appointed by the President,
including one with experience in firefighting, one with
experience in law enforcement, and one with experience
in emergency services.
(2) Term.--The term of a Board member shall be 4 years.
(3) Vacancies.--Any vacancy in the membership of the Board
shall not affect the powers of the Board and shall be filled in
the same manner as the original appointment.
(4) Operation of the board.--
(A) Chairman.--The Chairman of the Board shall be
elected by the members of the Board from among the
members of the Board.
(B) Meetings.--The Board shall conduct its first
meeting not later than 90 days after the appointment of
the last member appointed of the initial group of
members appointed to the Board. Thereafter, the Board
shall meet at the call of the Chairman of the Board.
The Board shall meet not less often than twice each
year.
(C) Voting and rules.--A majority of the members
shall constitute a quorum to conduct business, but the
Board may establish a lesser quorum for conducting
hearings scheduled by the Board. The Board may
establish by majority vote any other rules for the
conduct of the Board's business, if such rules are not
inconsistent with this Act or other applicable law.
(c) Duties.--The Board shall select candidates as recipients of the
Medal of Valor from among those applications received by the National
Medal of Valor Office. Not more often than once each year, the Board
shall present to the Attorney General the name or names of those it
recommends as Medal of Valor recipients. In a given year, the Board
shall not be required to select any recipients but may not select more
than 5 recipients. The Attorney General may in extraordinary cases
increase the number of recipients in a given year. The Board shall set
an annual timetable for fulfilling its duties under this Act.
(d) Hearings.--
(1) In general.--The Board may hold such hearings, sit and
act at such times and places, administer such oaths, take such
testimony, and receive such evidence as the Board considers
advisable to carry out its duties.
(2) Witness expenses.--Witnesses requested to appear before
the Board may be paid the same fees as are paid to witnesses
under section 1821 of title 28, United States Code. The per
diem and mileage allowances for witnesses shall be paid from
funds appropriated to the Board.
(e) Information From Federal Agencies.--The Board may secure
directly from any Federal department or agency such information as the
Board considers necessary to carry out its duties. Upon the request of
the Board, the head of such department or agency may furnish such
information to the Board.
(f) Information To Be Kept Confidential.--The Board shall not
disclose any information which may compromise an ongoing law
enforcement investigation or is otherwise required by law to be kept
confidential.

SEC. 4. BOARD PERSONNEL MATTERS.

(a) Compensation of Members.--(1) Except as provided in paragraph
(2), each member of the Board shall be compensated at a rate equal to
the daily equivalent of the annual rate of basic pay prescribed for
level IV of the Executive Schedule under section 5315 of title 5,
United States Code, for each day (including travel time) during which
such member is engaged in the performance of the duties of the Board.
(2) All members of the Board who serve as officers or employees of
the United States, a State, or a local government, shall serve without
compensation in addition to that received for those services.
(b) Travel Expenses.--The members of the Board shall be allowed
travel expenses, including per diem in lieu of subsistence, at rates
authorized for employees of agencies under subchapter I of chapter 57
of title 5, United States Code, while away from their homes or regular
places of business in the performance of service for the Board.

SEC. 5. DEFINITIONS.

In this Act:
(1) Public safety officer.--The term ''public safety
officer'' means a person serving a public agency, with or
without compensation, as a firefighter, law enforcement
officer, or emergency services officer, as determined by the
Attorney General. For the purposes of this paragraph, the term
''law enforcement officer'' includes a person who is a
corrections or court officer or a civil defense officer.
(2) State.--The term ''State'' means each of the several
States of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands, Guam, American
Samoa, and the Commonwealth of the Northern Mariana Islands.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated to the Attorney General
such sums as may be necessary to carry out this Act.

SEC. 7. NATIONAL MEDAL OF VALOR OFFICE.

There is established within the Department of Justice a National
Medal of Valor Office. The Office shall provide staff support to the
Board to establish criteria and procedures for the submission of
recommendations of nominees for the Medal of Valor and for the final
design of the Medal of Valor.

SEC. 8. CONFORMING REPEAL.

Section 15 of the Federal Fire Prevention and Control Act of 1974
(15 U.S.C. 2214) is amended--
(1) by striking subsection (a) and inserting the following
new subsection (a):
''(a) Establishment.--There is hereby established an honorary award
for the recognition of outstanding and distinguished service by public
safety officers to be known as the Director's Award For Distinguished
Public Safety Service ('Director's Award').'';
(2) in subsection (b)--
(A) by striking paragraph (1); and
(B) by striking ''(2)'';
(3) by striking subsections (c) and (d) and redesignating
subsections (e), (f), and (g) as subsections (c), (d), and (e),
respectively; and
(4) in subsection (c), as so redesignated--
(A) by striking paragraph (1); and
(B) by striking ''(2)''.

SEC. 9. CONSULTATION REQUIREMENT.

The Board shall consult with the Institute of Heraldry within the
Department of Defense regarding the design and artistry of the Medal of
Valor. The Board may also consider suggestions received by the
Department of Justice regarding the design of the medal, including
those made by persons not employed by the Department.

Passed the Senate May 14, 2001.

Attest:

Secretary.
107th CONGRESS

1st Session

S. 39

_______________________________________________________________________

AN ACT

To provide a national medal for public safety officers who act with
extraordinary valor above and beyond the call of duty, and for other
purposes.

Output: Public Safety Officer Medal of Valor Act of 2001 - Allows the President to award, and present in the name of the Congress, a Medal of Valor to a public safety officer cited by the Attorney General, upon the recommendation of the Medal of Valor Review Board, for extraordinary valor above and beyond the call of duty. Provides that the Public Safety Medal of Valor shall be the highest national award for valor by a public safety officer.Establishes a Medal of Valor Review Board to select candidates to receive the Medal from among applications received by the National Medal of Valor Office. Requires the Board to consult with the Institute of Heraldry in the Department of Defense regarding the design of the Medal.Authorizes appropriations.Establishes within the Department of Justice a National Medal of Valor Office to provide staff support to the Board to establish criteria and procedures for the submission of nominee recommendations for the Medal and for the final design of the Medal.Amends the Fire Prevention and Control Act of 1974 to establish an honorary Director's (Director of the Federal Emergency Management Agency) Award for Distinguished Public Safety Service for the recognition of outstanding and distinguished service by public safety officers (repeals provisions regarding the President's Award for Outstanding Public Safety Service and the Secretary of Commerce's Award for Distinguished Public Safety Service).

Input: Consider Input: SECTION 1. KOREA VISA WAIVER PILOT PROGRAM.

(a) Congressional Findings.--The Congress finds that--
(1) travel and tourism play a major role in reducing the
United States unfavorable balance of trade;
(2) the characteristics of the Korean travel market do not
permit long-term planning for longer trips;
(3) applications for United States visas cannot now be
processed in a reasonable period of time;
(4) the Secretary of State has attempted to solve the
problem by adding additional staff to the consular section at
the United States Embassy in Seoul;
(5) unfortunately, these additions have not resulted in any
discernable improvement in reducing visa processing delays;
(6) further, it is unlikely, given the current fiscal
environment, to expect funding to be available for further
staff additions in sufficient numbers to effect any significant
improvement in the time required to process visa applications;
(7) most of the nations of the South Pacific, Europe, and
Canada do not currently require Koreans entering their
countries to have a visa, thus providing them with a serious
competitive advantage in the tourism industry;
(8) the United States territory of Guam has been permitted
by the United States Government to eliminate visa requirements
for Koreans visiting Guam, with resultant impressive increases
in travel and tourism from citizens of the Republic of Korea;
(9) any application under existing procedures to add the
Republic of Korea, or any other nation to the group of favored
nations exempted from United States visa regulations, would
require many years during which time the United States could
well lose its competitive advantages in attracting travel and
tourism from the Republic of Korea;
(10) the Republic of Korea, as a gesture of goodwill, has
already unilaterally exempted United States tourists who seek
to enter the Republic of Korea from the requirement of
obtaining a visa; and
(11) growth in Korean travel to the United States has not
kept pace with growth in travel to non-United States
destinations, and cumbersome and time-consuming visa processing
procedures are widely recognized as the cause of this loss of
market share and competitiveness with alternative destinations.
(b) Pilot Program.--The Secretary of State and the Attorney General
jointly shall establish a pilot project (in this section referred to as
the ''pilot program'') within six months of the date of the enactment
of this Act under which the requirement of paragraph (7)(B)(i)(II) of
section 212(a) of the Immigration and Nationality Act (8 U.S.C.
1182(a)(7)(B)(i)(II)) is waived during the pilot program period in the
case of any alien who meets the following requirements:
(1) National of pilot program country.--The alien is a
national of, and presents a passport issued by, the Republic of
Korea. The Republic of Korea is urged to provide machine
readable passports to its citizens in the near future.
(2) Seeking entry as tourist.--The alien is applying for
admission to the United States during the pilot program period
as a nonimmigrant visitor for pleasure (as described in section
101(a)(15)(B) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(B))), as part of a group tour to the United States.
(3) Period of stay.--The alien seeks to stay in the United
States for a period of not more than 15 days.
(4) Executes immigration forms.--The alien before the time
of such admission completes such immigration form as the
Attorney General shall establish.
(5) Entry into the united states.--If arriving by sea or
air, the alien arrives at the port of entry into the United
States on a carrier which has entered into an agreement with the
Immigration and Naturalization Service to guarantee transport of the
alien out of the United States if the alien is found inadmissible or
deportable by an immigration officer.
(6) Not a safety threat.--The alien has been determined not
to represent a threat to the welfare, health, safety, or
security of the United States.
(7) No previous violation.--If the alien previously was
admitted without a visa under this section, the alien must not
have failed to comply with the conditions of any previous
admission as such a nonimmigrant.
(8) Round-trip ticket.--The alien is in possession of a
round-trip transportation ticket (unless this requirement is
waived by the Attorney General under regulations).
(c) Waiver of Rights.--An alien may not be provided a waiver under
the pilot program unless the alien has waived any right--
(1) to review or appeal under this Act of an immigration
officer's determination as to the admissibility of the alien at
the port of entry into the United States, or
(2) to contest, other than on the basis of an application
for asylum, any action for deportation against the alien.
(d) Termination of Authority.--Notwithstanding any other provision
of this section, the Attorney General and the Secretary of State,
acting jointly, may terminate the pilot program under this section on
or after a date which is one year after the date of the establishment
of the pilot program if--
(1) during the preceding fiscal year, the overstay rate for
nationals of the Republic of Korea entering the United States
under the pilot program exceeds the overstay rate of such
nationals entering the United States with valid visas; and
(2) the Attorney General and the Secretary of State have
jointly determined that the pilot program is leading to a
significant increase in the number of overstays by such
nationals.
(e) Special Bond and Notification Requirements for Tour
Operators.--
(1) In general.--Nationals of the Republic of Korea may not
enter the United States under the terms of this section unless
they are accompanied for the duration of their authorized
admission period by a tour operator who has fulfilled the
following requirements:
(A) The tour operator has posted a bond of $200,000
with the Secretary of State.
(B) The Secretary of State, under such regulations
as the Secretary may prescribe, has approved an
application by the tour operator to escort tour groups
to the United States.
(C) The tour operator provides the name, address,
birthdate, passport number, and citizenship of all
prospective tour group members to the Secretary of
State no less than one business day prior to the
departure date of the group, under such regulations as
he may prescribe, in order to determine that the
prospective travelers do not represent a threat to the
welfare, health, safety, and security of the United
States.
(D) The tour operator excludes from the tour group
any person whom the Secretary of State denies
permission to travel to the United States.
(E) The tour operator provides written
certification or other such evidence prescribed by the
Secretary of State and Attorney General which documents
the return to Korea of each tour group member.
(2) Forfeiture of bonds.--Bonds posted in accordance with
this subsection shall be forfeited in whole or in part and a
tour operator's authorization to escort tours to the United
States may be suspended or revoked if the Secretary of State
finds that the tour operator--
(A) has failed to disclose a material fact in
connection with the application required under
paragraph (1)(B);
(B) fails to comply with the advance notification
and refusal requirements of paragraphs (1)(C) and
(1)(D);
(C) has failed to take adequate steps to ensure
that visitors who are being escorted to the United
States under the terms of an approved application
return to their country of residence; or
(D) is found at any time to have committed a felony
or any offense under the immigration laws of the United
States.
(f) Participation by Tour Agents.--The Secretary of State shall
periodically review the overstay rate of nationals of the Republic of
Korea that corresponds to each tour agent participating in the program
under this section. The Secretary may terminate the participation in
the program of any tour agent if the Secretary determines that the
corresponding overstay rate is excessive.
(g) Definitions.--For purposes of this section--
(1) Group tour.--The term ''group tour'' means travelers
who take advantage of group-purchased hotel or airfare
packages, as guided, supervised, and arranged by a tour agent
in the Republic of Korea approved or licensed by the Department
of State.
(2) Overstay rate.--The term ''overstay rate'' means,
during a specified period of time, the proportion that the
number of aliens remaining in the United States after the
expiration of their visas bears to the total number of aliens
entering the United States during that period of time.
(3) Pilot program period.--The term ''pilot program
period'' means the three-year period immediately following the
establishment of the pilot program.

Output: Directs the Secretary of State and the Attorney General to jointly establish a visa waiver pilot program for Korean nationals traveling in tour groups to the United States. Specifies requirements for such waiver.

Input: Consider Input: .

(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.
Output: 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.