SECTION 1. SHORT TITLE. This Act may be cited as the ``Healthy School Meals Act of 2010''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) National Health and Nutrition Examination Surveys (1976-1980 and 2003-2006) conducted for the Centers for Disease Control and Prevention show that obesity prevalence increased from 5.0 percent to 12.4 percent in children aged 2 to 5 years, from 6.5 percent to 17.0 percent in those aged 6-11 years and from 5.0 percent to 17.6 percent in those aged 12 to 19 years. (2) A 2007 Department of Agriculture School Nutrition Dietary study found that an estimated 70 percent of schools serve meals that exceed recommended levels of saturated fat, which is linked to heart disease and other obesity-related chronic diseases, such as diabetes and some cancers. (3) The Centers for Disease Control and Prevention predicts one in three children born in the year 2000 will develop diabetes in his or her life. (4) A Yale University study of overweight and obese children found higher than normal blood sugar. Twenty-five percent of children age 4 to 10 had impaired glucose tolerance, suggesting diabetes may soon occur. (5) Healthy school meals are essential for protecting children from weight problems and other diet-related conditions; meals too high in fat and calories are found to contribute to weight and health problems. (6) The Department of Agriculture's National Nutrient Database lists vegetables, fruits, whole grains, and legumes as being extremely low in saturated fat and containing no cholesterol. (7) The American Medical Association and the American Public Health Association have passed resolutions calling for plant-based foods including vegetables, fruits, legumes, grains, and healthful dairy alternative beverages to be included in school meals. (8) A rapidly increasing number of families in the United States opt for plant-based meals for health, ethical, or religious reasons. (9) The July 2009 Journal of the American Dietetic Association published an official position paper of the American Dietetic Association which concluded that plant-based diets are nutritionally adequate for everyone, including children, and provide health benefits when compared to other eating patterns. (10) Studies have shown that the bioavailability of calcium from soymilk fortified with calcium carbonate is equivalent to cow's milk. (11) The Department of Agriculture includes fruits, vegetables, whole grains, and legumes in its commodities program, but these essential ingredients to healthy meals are often underutilized or unavailable to many schools. (12) Access to healthful plant-based school lunch options is essential to improving the health of America's children. (b) Purpose.--The purpose of this Act is to improve the health of America's schoolchildren by raising the nutritional quality of food through the promotion of plant-based meals and healthful dairy alternative beverages in schools. SEC. 3. DEFINITIONS. In this Act: (1) Plant-based alternate protein product.--The term ``plant-based alternate protein product'' means an alternate protein product that-- (A) meets the nutritional requirements described in appendix A to part 210 of title 7 of the Code of Federal Regulations (as in effect on the date of the enactment of this Act); and (B) contains no animal-based foods, products, or byproducts. (2) Plant-based meat alternate.--The term ``plant-based meat alternate'' means a meat alternate that-- (A) meets the nutritional requirements described in paragraph (k)(1) of part 210.10 of title 7 of the Code of Federal Regulations (as in effect on the date of the enactment of this Act); and (B) contains no animal-based foods, products, or byproducts. (3) Plant-based entree.--The term ``plant-based entree'' means a combination of foods or a single food item offered as a main course that-- (A) meets the nutritional requirements described in part 210.10 of title 7 of the Code of Federal Regulations (as in effect on the date of the enactment of this Act) as a meat alternate for food-based menu planning or protein requirement for nutrient-based menu planning for lunches that are reimbursable under the Richard B. Russell National School Lunch Act (20 U.S.C. 1751 et seq.); and (B) contains no animal-based foods, products, or byproducts. (4) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. (5) Substitute for fluid milk.--The term ``substitute for fluid milk'' means a nondairy fluid milk that is nutritionally equivalent to fluid dairy milk and meets the nutritional standards established by the Secretary, which shall include fortification of calcium, 6 or more grams of protein per 8- ounce serving, vitamin A, vitamin D, magnesium, phosphorus, potassium, riboflavin, and vitamin B12 to levels found in fluid dairy milk. SEC. 4. HEALTHY SCHOOL MEALS PILOT PROGRAM. (a) In General.--Not later than 6 months after the date of the enactment of this Act, the Secretary shall select school food authorities to participate in a pilot program that evaluates the use of plant-based alternate protein products and substitute for fluid milk products under the school meal programs under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) and section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773). (b) Selection and Program Requirements.-- (1) Selection requirements.--The Secretary shall select school food authorities to participate in the pilot program under this section that are nationally representative of school food authorities in terms of size, geographic location, and socioeconomic levels of students served. (2) Program requirements.--In addition to the commodities delivered under section 6(b) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1755(b)), the Secretary shall deliver to the school food authorities selected to participate in the pilot program under this section, at no cost to the school food authorities, plant-based alternate protein products and substitute for fluid milk products for schools under the jurisdiction of such school food authorities for the preparation of daily meals under-- (A) the school lunch program under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.); and (B) the school breakfast program under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773). (c) Evaluation.--Not later than 24 months after the date of the enactment of this Act the Secretary shall evaluate the pilot program conducted under this section to assess-- (1) which plant-based alternate protein products and substitute for fluid milk products are superior with regard to-- (A) cost-effectiveness; (B) marketability to school food authorities; (C) ease of preparation and use; and (D) acceptance by children participating in the school meal programs under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) and section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773). (2) any other factors and outcomes associated with increasing the availability of plant-based alternate protein products and substitute for fluid milk products in schools, as determined by the Secretary. (d) Funds.--Not later than October 15, 2011, out of the funds in the Treasury not otherwise appropriated, the Secretary of Treasury shall transfer to the Secretary of Agriculture $4,000,000 to carry out this section. The Secretary of Agriculture shall be entitled to receive the funds and shall accept the funds, without further appropriation. SEC. 5. PURCHASE OF PLANT-BASED COMMODITIES. (a) Purchase of Plant-Based Commodities.--Not later than 24 months after the date of the enactment of this Act, in addition to the commodities delivered under section 6(b) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1755(b)), the Secretary shall deliver plant-based alternate protein products and substitute for fluid milk products that are determined to be superior according to the findings of the evaluation conducted under section 4(c) for use in-- (1) the school lunch program under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.); and (2) the school breakfast program under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773). (b) Training.--The Secretary shall provide training materials to schools and school food authorities on the nutritional benefits and preparation of plant-based meat alternates and alternate protein product commodities for schoolchildren. SEC. 6. COMMODITY ASSISTANCE FOR PLANT-BASED OPTIONS. (a) Rules.--Not later than 24 months after the date of the enactment of this Act, the Secretary shall promulgate rules that-- (1) based on the most recent Dietary Guidelines published under section 301 of the National Nutrition Monitoring and Related Research Act of 1990 (7 U.S.C. 5341), reflect specific recommendations, expressed in serving recommendations, for increased consumption of plant-based foods, including plant- based meat alternates and plant-based entrees, in school nutrition programs under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.); and (2) provide for the distribution-- (A) to any school food authority in which at least two-thirds of the students served by the authority are offered a plant-based entree as a menu item on each daily school lunch menu, supplemental commodity assistance or cash in lieu thereof under section 14 of the Richard B. Russell National School Lunch Act 42 U.S.C. 1762a) that-- (i) is not less than 25 percent of the total commodity assistance or cash in lieu thereof provided to the school food authority during the preceding school year; and (ii) shall be used by the authority to purchase entirely plant-based commodity food products or substitute for fluid milk products; (B) to each State educational agency in which a school food authority receives supplemental commodity assistance or cash in lieu thereof pursuant to paragraph (1), not more than 5 percent of such assistance or cash; and (C) of increased levels of supplemental commodity assistance or cash in lieu thereof to school food authorities pursuant to paragraph (1) as school food authorities increase the number of students who are offered a plant-based entree as a menu item on each daily school lunch menu. (b) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section. SEC. 7. SUBSTITUTE FOR FLUID MILK. (a) Amendments.--Section 9(a)(2) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1958(a)(2)(A)) is amended to read as follows: ``(2) Fluid milk.-- ``(A) In general.--Lunches served by schools participating in the school lunch program under this Act-- ``(i) shall offer students fluid milk in a variety of fat contents; and ``(ii) may offer students flavored and unflavored fluid milk, lactose-free fluid milk, and a nondairy substitute for fluid milk. ``(B) Substitutes.-- ``(i) Standards for substitution.--A school shall substitute for the fluid milk provided under subparagraph (A)(i), a nondairy beverage that is nutritionally equivalent to fluid milk and meets nutritional standards established by the Secretary (which shall, among other requirements to be determined by the Secretary, include fortification of calcium, vitamin A, vitamin D, magnesium, phosphorus, potassium, riboflavin, and vitamin B12 to levels found in fluid dairy milk, and not less than 6 grams of protein per 8-ounce serving) for students who cannot consume fluid milk because of a disability or medical or other special dietary need. ``(ii) Excess expenses borne by school food authority.--Expenses incurred in providing substitutions under this subparagraph that are in excess of expenses covered by reimbursements under this chapter shall be paid by the school food authority.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect not later than 24 months after the date of the enactment of this Act.

Summary: Healthy School Meals Act of 2010 - Directs the Secretary of Agriculture to select school food authorities to participate in a pilot program evaluating the use of plant-based alternate protein products and fluid milk substitutes under the school lunch and breakfast programs. Directs the Secretary to: (1) deliver plant-based alternate protein products and fluid milk substitutes to such food authorities at no cost for the preparation of meals under the school lunch and breakfast programs; and (2) assess which of such foods would be best for more general use in the school lunch and breakfast programs, and deliver them for general use under such programs, within two years of this Acts' enactment. Requires the Secretary, within two years of this Act's enactment, to promulgate regulations that: (1) reflect specific recommendations for increased consumption of plant-based foods; and (2) provide for the distribution of supplemental commodity assistance or cash in lieu thereof to states and certain school food authorities that offer a plant-based entree on their daily lunch menus, for the purchase of entirely plant-based commodity food products or fluid milk substitutes. Requires schools participating in the school lunch program to serve a nondairy beverage that is nutritionally equivalent to fluid milk and meets certain nutritional standards to students who cannot consume fluid milk because of a disability or medical or other special dietary need. (Eliminates the requirement that students who cannot consume fluid milk due to a disability provide schools with a statement from a physician that identifies such disability and specifies the fluid milk substitute.)


SECTION 1. SHORT TITLE. This Act may be cited as the ``Pyramid Lake Paiute Tribe Fish Springs Ranch Settlement Act''. SEC. 2. DEFINITIONS. In this Act: (1) Agreement.--The term ``Agreement'' means the agreement entitled ``Fish Springs Ranch Water Rights Settlement Agreement'' and dated May 20, 2007 (including any amendments and exhibits to that agreement). (2) Environmental impact statement.--The term ``environmental impact statement'' means the final environmental impact statement for the North Valleys Rights-of- Way Projects prepared by the Bureau of Land Management (70 Fed. Reg. 68473). (3) Final payment date.--The term ``final payment date'' means the date on which Fish Springs pays to the Tribe the final installment amount, as provided in the Agreement. (4) Fish springs.--The term ``Fish Springs'' means the Fish Springs Ranch, LLC, a Nevada limited liability company (or a successor in interest). (5) Project.-- (A) In general.--The term ``Project'' means the project for pumping and transfer by Fish Springs of not more than 8,000 acre-feet of groundwater per year, as described in the environmental impact statement and the record of decision. (B) Inclusion.--The term ``Project'' includes the pumping and transfer of not more than 5,000 acre-feet of groundwater per year (in addition to the acre-feet referred to in subparagraph (A)) in accordance with the Agreement, including the acquisition by Fish Springs of the rights and approval to pump that groundwater in accordance with Federal and State law. (C) Exclusions.--The term ``Project'' does not include-- (i) the project proposed by Intermountain Water Supply, Ltd., and described in the environmental impact statement; or (ii) any other project or activity not otherwise specified in this Act. (6) Record of decision.--The term ``record of decision'' means the public record of the decision of the District Manager of the Bureau of Land Management for the State of Nevada issued on May 31, 2006, regarding the environmental impact statement and the Project. (7) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (8) Tribe.--The term ``Tribe'' means the Pyramid Lake Paiute Tribe of Indians organized under section 16 of the Act of June 18, 1934 (commonly known as the ``Indian Reorganization Act'') (25 U.S.C. 476). SEC. 3. RATIFICATION OF AGREEMENT. (a) In General.--Except as provided in subsection (c), and except to the extent that a provision of the Agreement conflicts with this Act, notwithstanding any other provision of Federal or tribal law, the Agreement is ratified. (b) Execution of Agreement.--The Secretary shall execute the obligations of the Secretary under the Agreement (including any exhibit to the Agreement requiring the signature of the Secretary) in accordance with this Act. (c) Exceptions.-- (1) Choice of law.--Notwithstanding any provision of the Agreement, the Agreement and this Act shall be governed by applicable Federal law and Nevada State law. (2) Waiver and retention of claims.--Notwithstanding any provision of the Agreement, any waiver or retention of a claim by the Tribe or the United States on behalf of the Tribe relating to the Agreement shall be carried out in accordance with section 4. (d) Environmental Compliance.-- (1) No major federal action.--The execution of the Agreement by the Secretary pursuant to this Act shall not be considered to be a major Federal action under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (2) Compliance activities.--The Secretary shall carry out all required Federal environmental compliance activities in executing the Agreement. (e) Compliance With Applicable Law.--This section and the Agreement shall be considered to be in accordance with all applicable requirements of section 2116 of the Revised Statutes (25 U.S.C. 177). SEC. 4. WAIVER AND RELEASES OF CLAIMS. (a) Release of Claims Against Fish Springs.--In executing the Agreement pursuant to this Act, the Tribe and the Secretary, acting on behalf of the Tribe, shall waive and release all claims against Fish Springs-- (1) for damage, loss, or injury to water rights or claims of interference with or diversion or taking of water rights (including claims for injury to land resulting from such a damage, loss, injury, interference, diversion, or taking under the Agreement) relating to the use of water by Fish Springs under the Agreement for the Project; or (2) relating in any manner to the negotiation or adoption of the Agreement. (b) Release of Claims Against United States.--In carrying out the Agreement, the Tribe shall waive and release any claim of the Tribe against the United States (including all employees and agents of the United States) relating in any manner to-- (1) damage, loss, or injury to water, water rights, land, or any other resource due to loss of water or water rights (including damage, loss, or injury to hunting, fishing, gathering, or cultural rights due to loss of water or water rights, claims relating to interference with or diversion or taking of water or water rights, and claims relating to a failure to protect, acquire, replace, or develop water, water rights, or water infrastructure) due to use of water by Fish Springs under the Agreement for the Project; (2) the record of decision, the environmental impact statement, or the Agreement; or (3) the negotiation, execution, or adoption of the Agreement or this Act, including-- (A) the use by the Tribe of funds paid to the Tribe under the Agreement; and (B) the acquisition and use by the Tribe of land under the Agreement. (c) Effectiveness of Waivers and Releases.-- (1) Claims against fish springs.--The waivers and releases under subsection (a) shall take effect on the final payment date. (2) Claims against united states.--A waiver or release under subsection (b) shall take effect on the date on which the Tribe executes the waiver or release. (d) Retention of Claims by United States and Tribe.--The Tribe and the Secretary, acting on behalf of the Tribe, shall retain-- (1) all claims for enforcement of the Agreement or this Act through such legal and equitable remedies as are available in the appropriate United States court; (2) subject to the right of Fish Springs to carry out the Project, the right to assert and protect any right of the Tribe to surface or groundwater or any other trust resource; (3) all rights to claim or acquire a water right in accordance with applicable law, and to use and protect any water right acquired after the date of enactment of this Act, that is not in conflict with the Agreement and this Act; (4) all claims relating to activities affecting the quality of water, including any claim of the Tribes under-- (A) the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) (including claims for damages to natural resources); (B) the Safe Drinking Water Act (42 U.S.C. 300f et seq.); (C) the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.); or (D) a regulation implementing an Act referred to in subparagraphs (A) through (C); and (5) all rights, remedies, privileges, immunities, and authorities not specifically waived and released pursuant to this Act. SEC. 5. SATISFACTION OF CLAIMS. The benefits provided to the Tribe under the Agreement and this Act shall be considered to be full satisfaction of all claims of the Tribe and the United States waived and released pursuant to section 4. SEC. 6. BENEFICIARIES TO AGREEMENT. (a) Requirement.--The parties to the Agreement shall be the only beneficiaries of the Agreement. (b) Prohibition.--Nothing in the Agreement or this Act provides to any individual or entity third-party beneficiary status relating to the Agreement. SEC. 7. JURISDICTION. A civil action relating to the enforcement of the Agreement shall be filed in the United States District Court for the District of Nevada. SEC. 8. MISCELLANEOUS PROVISIONS. (a) Truckee-Carson-Pyramid Lake Water Rights Settlement Act.-- Nothing in this Act affects any right or interest recognized or established in the Truckee-Carson-Pyramid Lake Water Rights Settlement Act (Public Law 101-618; 104 Stat. 3294). (b) No Establishment of Standard.--Nothing in this Act establishes a standard for the quantification of a Federal reserved water right or any other claim of an Indian tribe other than the Tribe in any other judicial or administrative proceeding. (c) Other Claims.--Nothing in the Agreement or this Act quantifies or otherwise adversely affects any water right, claim or entitlement to water, or any other right of any Indian tribe, band, or community other than the Tribe. SEC. 9. NULLIFICATION DATE. If the Tribe fails to execute any waiver or release described in section 4(b) by the date that is 90 days after the date of enactment of this Act, the Agreement shall be null and void.

Summary: Pyramid Lake Paiute Tribe Fish Springs Ranch Settlement Act - Ratifies the Fish Springs Ranch Water Rights Settlement Agreement dated May 20, 2007. Sets forth provisions governing the waiver and retention of claims by the Pyramid Lake Paiute Tribe of Indians and the Secretary of the Interior.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Common Sense Product Liability Reform Act of 1995''. SEC. 2. FEDERAL CAUSE OF ACTION PRECLUDED. This Act does not provide the district courts of the United States with jurisdiction over product liability actions based on section 1331 or 1337 of title 28, United States Code. SEC. 3. APPLICABILITY AND PREEMPTION. (a) Preemption.--This Act governs any product liability action brought in any State or Federal court against a manufacturer or product seller, on any theory for harm caused by a product. A product liability action brought against a manufacturer or product seller for commercial loss shall be governed only by applicable commercial or contract law. (b) Relationship to State Law.--This Act supersedes State law only to the extent that State law applies to an issue covered by this Act. Any issue that is not governed by this Act shall be governed by otherwise applicable State or Federal law. (c) Applicability.--Nothing in this Act shall be construed to-- (1) waive or affect any defense of sovereign immunity asserted by any State under any law; (2) supersede any Federal law, except the Federal Employers Compensation Act and the Longshore and Harbor Workers' Compensation Act; (3) waive or affect any defense of sovereign immunity asserted by the United States; (4) affect the applicability of any provision of chapter 97 of title 28, United States Code; (5) preempt State choice-of-law rules with respect to claims brought by a foreign nation or a citizen of a foreign nation; (6) affect the right of any court to transfer venue or to apply the law of a foreign nation or to dismiss a claim of a foreign nation or of a citizen of a foreign nation on the ground of inconvenient forum; or (7) supersede any Federal law that prescribes a specific regimen for punitive damages. SEC. 4. LIABILITY RULES APPLICABLE TO PRODUCT SELLERS. (a) General Rule.--Except as provided in subsection (b), in any product liability action, a product seller other than a manufacturer shall be liable to a claimant only if the claimant establishes that-- (1)(A) the product which allegedly caused the harm complained of was sold by the product seller; (B) the product seller failed to exercise reasonable care with respect to the product; and (C) such failure to exercise reasonable care was a proximate cause of the claimant's harm; or (2)(A) the product seller made an express warranty applicable to the product which allegedly caused the harm complained of, independent of any express warranty made by a manufacturer as to the same product; (B) the product failed to conform to the warranty; and (C) the failure of the product to conform to the warranty caused the claimant's harm; or (3) the product seller engaged in intentional wrongdoing as determined under applicable State law and such intentional wrongdoing was a proximate cause of the harm complained of by the claimant. For purposes of subparagraph (1)(B), a product seller shall not be considered to have failed to exercise reasonable care with respect to the product based upon an alleged failure to inspect a product where there was no reasonable opportunity to inspect the product in a manner which would, in the exercise of reasonable care, have revealed the aspect of the product which allegedly caused the claimant's harm. (b) Exception.--In a product liability action, a product seller shall be liable for harm to the claimant caused by such product as if the product seller were the manufacturer of such product if-- (1) the manufacturer is not subject to service of process under the laws of any State in which the action might have been brought; or (2) the court determines that the claimant would be unable to enforce a judgment against the manufacturer. SEC. 5. DEFENSE BASED ON CLAIMANT'S USE OF INTOXICATING ALCOHOL OR DRUGS. (a) General Rule.--In any product liability action, it shall be a complete defense to such action if-- (1) the claimant was intoxicated or was under the influence of intoxicating alcohol or any drug; and (2) the claimant, as a result of the influence of the alcohol or drug, was more than 50 percent responsible for the accident or event which resulted in such claimant's harm. (b) Construction.--For purposes of this section-- (1) the determination of whether a person was intoxicated or was under the influence of intoxicating alcohol or any drug shall be made pursuant to applicable State law; and (2) the term ``drug'' means any controlled substance as defined in the Controlled Substances Act (21 U.S.C. 802(6)) that has been taken by the claimant other than in accordance with the terms of a lawfully issued prescription. SEC. 6. SEVERAL LIABILITY FOR NONECONOMIC LOSS. In any product liability action, the liability of each defendant for noneconomic loss shall be several only and shall not be joint. Each defendant shall be liable only for the amount of noneconomic loss attributable to such defendant in direct proportion to such defendant's proportionate share of fault or responsibility for the claimant's harm, as determined by the trier of fact. SEC. 7. STATUTE OF REPOSE. A product liability action shall be barred unless the complaint is served and filed within 15 years after the time of delivery of the product. For the purposes of this section, the term ``time of delivery'' means the time when a product is delivered to its first purchaser or lessee who was not involved in the business of manufacturing or selling such product or using it as a component part of another product to be sold. This section applies only if the harm caused by a product did not include chronic illness and only to claims arising after the date of enactment of this Act. This section does not affect the provisions of the General Aviation Revitalization Act of 1994. SEC. 8. PUNITIVE DAMAGES. (a) General Rule.--Punitive damages may, to the extent permitted by applicable State law, be awarded in any product liability action in any Federal or State court against a defendant if the claimant establishes by clear and convincing evidence that the harm suffered was result of conduct specifically intended to cause harm or conduct manifesting a conscious, flagrant indifference to the safety of those persons who might be harmed by the product for which the action was brought. (b) Proportional Awards.--The amount of punitive damages that may be awarded for a claim in any product liability action subject to this Act shall not exceed 3 times the amount of damages awarded to the claimant for the economic loss on which such claim is based, or $250,000, whichever is greater. This provision shall be applied by the court and shall not be disclosed to the jury. (c) Applicability and Preemption.--Except as provided in section 2, this section shall apply to any product liability action brought in any Federal or State court on any theory where punitive damages are sought. This section does not create a cause of action for punitive damages in any jurisdiction that does not authorize such actions. (d) Bifurcation at Either Party's Request.--At the request of either party, the trier of fact shall consider in a separate proceeding whether punitive damages are to be awarded and the amount of such award. If a separate proceeding is requested, evidence relevant only to the claim of punitive damages, as determined by applicable State law, shall be inadmissible in any proceeding to determine whether compensatory damages are to be awarded. SEC. 9. DEFINITIONS. As used in this Act: (1) The term ``claimant'' means any person who brings a product liability action and any person on whose behalf such an action is brought. If such an action is brought through or on behalf of an estate, the term includes the claimant's decedent. If such action is brought through or on behalf of a minor or incompetent, the term includes the claimant's legal guardian. (2) The term ``clear and convincing evidence'' means that measure or degree of proof that will produce in the mind of the trier of fact a firm belief or conviction as to the truth of the allegations sought to be established. The level of proof required to satisfy such standard is more than that required under preponderance of the evidence, but less than that required for proof beyond a reasonable doubt. (3) The term ``commercial loss'' means any loss incurred in the course of the ongoing business enterprise consisting of providing goods or services for compensation. (4) The term ``economic loss'' means any pecuniary loss resulting from harm (including the loss of earnings, medical expense loss, replacement services loss, loss due to death, burial costs, and loss of business or employment opportunities) to the extent recovery for such loss is allowed under applicable State law. (5) The term ``harm'' means any physical injury, illness, disease, or death caused by a product. The term does not include commercial loss or loss or damage to a product itself. (6) The term ``manufacturer'' means-- (A) any person who is engaged in a business to produce, create, make, or construct any product (or component part of a product) and who (i) designs or formulates the product (or component part of the product), (ii) has engaged another person to design or formulate the product (or component part of the product), or (iii) uses the design or formulation of the product developed by another person; (B) a product seller, but only with respect to those aspects of a product (or component part of a product) which are created or affected when, before placing the product in the stream of commerce, the product seller produces, creates, makes, or constructs and designs or formulates, or has engaged another person to design or formulate, an aspect of a product (or component part of a product) made by another; or (C) any product seller not described in subparagraph (B) which holds itself out as a manufacturer to the user of the product. (7) The term ``nominal damages'' means damages not more than $500. (8) The term ``noneconomic loss'' means subjective, nonmonetary loss resulting from harm, including pain, suffering, inconvenience, mental suffering, emotional distress, loss of society and companionship, loss of consortium, injury to reputation, and humiliation. (9) The term ``person'' means any individual, corporation, company, association, firm, partnership, society, joint stock company, or any other entity (including any governmental entity). (10)(A) The term ``product'' means any object, substance, mixture, or raw material in a gaseous, liquid, or solid state-- (i) which is capable of delivery itself or as an assembled whole, in a mixed or combined state, or as a component part or ingredient; (ii) which is produced for introduction into trade or commerce; (iii) which has intrinsic economic value; and (iv) which is intended for sale or lease to persons for commercial or personal use. (B) The term does not include-- (i) human tissue, human organs, human blood, and human blood products; or (ii) electricity, water delivered by a utility, natural gas, or steam. (11) The term ``product liability action'' means a civil action brought on any theory for harm caused by a product. (12) The term ``product seller'' means a person who, in the course of a business conducted for that purpose, sells, distributes, leases, prepares, blends, packages, labels, or otherwise is involved in placing a product in the stream of commerce, or who installs, repairs, or maintains the harm- causing aspect of a product. The term does not include-- (A) a seller or lessor of real property; (B) a provider of professional services in any case in which the sale or use of a product is incidental to the transaction and the essence of the transaction is the furnishing of judgment, skill, or services; or (C) any person who-- (i) acts in only a financial capacity with respect to the sale of a product; or (ii) leases a product under a lease arrangement in which the selection, possession, maintenance, and operation of the product are controlled by a person other than the lessor. (13) The term ``punitive damages'' means damages awarded against any person or entity to punish or deter such person or entity, or others, from engaging in similar behavior in the future. (14) The term ``State'' means any State of the United States, the District of Columbia, Puerto Rico, the Northern Mariana Island, the Virgin Islands, Guam, American Samoa, and any other territory or possession of the United States, or any political subdivision of any of the foregoing. SEC. 10. EFFECTIVE DATE. This Act shall apply with respect to product liability actions which are commenced after the date of the enactment of this Act.

Summary: Common Sense Product Liability Reform Act of 1995 - Declares that this Act: (1) does not provide U.S. district courts with jurisdiction over product liability actions based on specified provisions of the Federal judicial code; (2) governs any product liability action brought in any State or Federal court against a manufacturer or product seller, on any theory for harm caused by a product, except product liability actions brought against a manufacturer or product seller for commercial losses which shall be governed only by applicable commercial or contract law; and (3) supersedes State law only to the extent that such law applies to an issue covered by this Act. (Sec. 4) Makes a product seller other than a manufacturer liable to a claimant in a product liability action only if the claimant establishes that: (1) the seller sold the product which allegedly caused the harm, the seller failed to exercise reasonable care with respect to the product, and such failure was a proximate cause of the claimant's harm; (2) the seller made an express warranty applicable to the product independent of any express warranty made by a manufacturer, the product failed to conform to the warranty, and such failure caused the claimant's harm; or (3) the seller engaged in intentional wrongdoing as determined under applicable State law and such intentional wrongdoing was a proximate cause of the harm complained of by the claimant. Specifies that a product seller shall: (1) not be considered to have failed to exercise reasonable care based upon an alleged failure to inspect a product where there was no reasonable opportunity to inspect the product in a manner which would have revealed the aspect of the product which allegedly caused the claimant's harm; and (2) be liable, in a product liability action, for harm to the claimant caused by such product as if the seller were the manufacturer of such product if the manufacturer is not subject to service of process under the laws of any State in which the action might have been brought, or the court determines that the claimant would be unable to enforce a judgement against the manufacturer. (Sec. 5) Makes it a complete defense to a product liability action that the claimant: (1) was intoxicated or under the influence of intoxicating alcohol or any drug; and (2) as a result of such influence, was more than 50 percent responsible for the accident or event which resulted in such claimant's harm. (Sec. 6) Specifies that in a product liability action the liability of each defendant for noneconomic loss shall be several only and not joint, and that each defendant shall be liable only for the amount of noneconomic loss attributable to such defendant's proportionate share of fault or responsibility for the claimant's harm, as determined by the trier of fact. (Sec. 7) Bars a product liability action unless the complaint is served and filed within 15 years after the time of delivery of the product, with exceptions. (Sec. 8) Authorizes punitive damages, to the extent permitted by applicable State law, in any product liability action in Federal or State court against a defendant if the claimant establishes by clear and convincing evidence that the harm suffered was the result of conduct specifically intended to cause harm or conduct manifesting a conscious, flagrant indifference to the safety of those persons who might be harmed by the product for which the action was brought. Sets forth provisions regarding: (1) proportional awards; (2) applicability and preemption; and (3) bifurcation of proceedings at either party's request.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Assurance of Rx Transitional Assistance Act of 2004''. SEC. 2. AUTOMATIC ENROLLMENT OF MEDICAID BENEFICIARIES ELIGIBLE FOR MEDICARE PRESCRIPTION DRUG BENEFITS. (a) Automatic Enrollment of Beneficiaries Receiving Medical Assistance for Medicare Cost-Sharing Under Medicaid.--Section 1860D- 14(a)(3)(B)(v) (42 U.S.C. 1395w-114(a)(3)(B)(v)) is amended to read as follows: ``(v) Treatment of medicaid beneficiaries.--Subject to subparagraph (F), the Secretary shall provide that part D eligible individuals who are-- ``(I) full-benefit dual eligible individuals (as defined in section 1935(c)(6)) or who are recipients of supplemental security income benefits under title XVI shall be treated as subsidy eligible individuals described in paragraph (1); and ``(II) not described in subclause (I), but who are determined for purposes of the State plan under title XIX to be eligible for medical assistance under clause (i), (iii), or (iv) of section 1902(a)(10)(E), shall be treated as being determined to be subsidy eligible individuals described in paragraph (1).''. (b) Assurance of Transitional Assistance Under Drug Discount Card Program.-- (1) In general.--Section 1860D-31(b)(2)(A) of the Social Security Act (42 U.S.C. 1395w-141(b)(2)(A)) is amended by adding at the end the following new sentence: ``Subject to subparagraph (B), each discount card eligible individual who is described in section 1860D-14(a)(3)(B)(v) shall be considered to be a transitional assistance eligible individual.''. (2) Automatic enrollment of medicaid beneficiaries.-- Section 1860D-31(c)(1) of the Social Security Act (42 U.S.C. 1395w-141(c)(1)) is amended by adding at the end the following new subparagraph: ``(F) Automatic enrollment of certain beneficiaries.-- ``(i) In general.--Subject to clause (ii), the Secretary shall-- ``(I) enroll each discount card eligible individual who is described in section 1860D-14(a)(3)(B)(v), but who has not enrolled in an endorsed discount card program as of August 15, 2004, in an endorsed discount card program selected by the Secretary that serves residents of the State in which the individual resides; and ``(II) notwithstanding paragraphs (2) and (3) of subsection (f), automatically determine that such individual is a transitional assistance eligible individual (including whether such individual is a special transitional assistance eligible individual) without requiring any self- certification or subjecting such individual to any verification under such paragraphs. ``(ii) Opt-out.--The Secretary shall not enroll an individual under clause (i) if the individual notifies the Secretary that such individual does not wish to be enrolled and be determined to be a transitional assistance eligible individual under such clause before the individual is so enrolled.''. (3) Notice of eligibility for transitional assistance.-- Section 1860D-31(d) of the Social Security Act (42 U.S.C. 1395w-141(d)) is amended by adding at the end the following new paragraph: ``(4) Notice of eligibility to medicaid beneficiaries.--Not later than July 15, 2004, each State or the Secretary (at the option of each State) shall mail to each discount card eligible individual who is described in section 1860D-14(a)(3)(B)(v), but who has not enrolled in an endorsed discount card program as of July 1, 2004, a notice stating that-- ``(A) such individual is eligible to enroll in an endorsed discount card program and to receive transitional assistance under subsection (g); ``(B) if such individual does not enroll before August 15, 2004, such individual will automatically be enrolled in an endorsed discount card program selected by the Secretary unless the individual notifies the Secretary that such individual does not wish to be so enrolled; ``(C) if the individual is enrolled in an endorsed discount card program during 2004, the individual will be permitted to change enrollment under subsection (c)(1)(C)(ii) for 2005; and ``(D) there is no obligation to use the endorsed discount card program or transitional assistance when purchasing prescription drugs.''. (c) Effective Date.--The amendments made by this section shall take effect as if included in the enactment of section 101 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173; 117 Stat. 2071).

Summary: Medicare Assurance of Rx Transitional Assistance Act of 2004 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to provide for the automatic enrollment of Medicare Savings Program (MSP) beneficiaries under SSA title XIX (Medicaid) in the interim prescription drug discount program and the transitional assistance program, making them eligible for the $600 per year in low-income discount card assistance without requiring a separate enrollment process.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Congressional Coverage for Discrimination and Family Leave Act''. TITLE I--AGE DISCRIMINATION SEC. 101. COVERAGE OF EMPLOYEES OF THE HOUSE OF REPRESENTATIVES. The Age Discrimination in Employment Act of 1967 (29 U.S.C. 621 et seq.) is amended-- (1) by redesignating sections 16 and 17 as sections 17 and 18, respectively, and (2) by inserting after section 15 the following: ``coverage of certain employees in the legislative branch of the federal government ``Sec. 16. (a) For purposes of this section-- ``(1) the term `employee' means an individual who is employed by, or who applies for employment with, an employing authority; ``(2) the term `employing authority' has the meaning given it in the Fair Employment Practices Resolution and also includes any agent of the employing authority and any Member who participates in determining the terms and conditions applicable to an employee's employment and any agent of such Member, but with respect to a position on the minority staff of a committee, such term does not include the Chairman of such committee; ``(3) the term `Fair Employment Practices Resolution' means-- ``(A) House Resolution 558 of the One Hundredth Congress, as adopted October 4, 1988, and incorporated into rule LI of the Rules of the House of Representatives of the One Hundred Second Congress; or ``(B) any other provision that continues in effect the provisions of such resolution; and ``(4) the term `instrumentality of the Congress' means a unit of the legislative branch (other than the Congress) that does not have positions in the competitive service and any agent of such unit. ``(b) Sections 4 and 7(f) shall apply to employees and to employing authorities. ``(c)(1) The remedies and procedures under the Fair Employment Practices Resolution shall apply with respect to a violation of section 4 as such section is made applicable by subsection (b). ``(2) Within 90 days of the exhaustion of all procedures authorized under paragraph (1), or after 180 days after the filing of a complaint in accordance with such procedures, an employee may bring a civil action in the appropriate United States district court against the employee's employing authority. In any such action, the court may order such relief, including damages, attorneys' fees, and other costs, as may be ordered by a court under section 7. ``(d) Section 4, as such section is made applicable by subsection (b), does not prohibit the taking into consideration of -- ``(1) the domicile of an individual with respect to a position under the clerk-hire allowance of the House of Representatives; or ``(2) the political affiliation of an individual with respect to a position under such clerk-hire allowance or a position on the staff of a committee. ``(e) Not later than 60 days after any payment is made under this section for the benefit of an aggrieved employee out of a Federal account of the House of Representatives and on behalf of the employing authority, the employing authority shall reimburse such account with non-Federal funds. The Committee on House Administration of the House of Representatives shall determine which account shall be used for payments to an aggrieved employee under this section and shall issue guidelines to ensure such reimbursement. ``(f) Each employing authority shall post and keep posted in conspicuous places on its premises a notice that shall be prepared by the Office of Fair Employment Practices, setting forth such information as the Office considers to be appropriate to carry out this section. ``(g) Subsection (c)(1) is enacted as an exercise of the rulemaking power of the House of Representatives, with full recognition of the right of the House of Representatives to change its rules in the same manner, and to the same extent, as in any other rule of the House of Representatives. ``(h)(1) Subject to paragraph (2), sections 4 and 7(f) shall apply with respect to individuals who are employed by, or who apply for employment with, an instrumentality of the Congress. ``(2) The chief official of each instrumentality of the Congress shall establish remedies and procedures to protect the rights provided for in paragraph (1). Such remedies and procedures shall apply exclusively with respect to such rights and shall provide to such individual protection that is equal to or greater than the protection provided under this section to employees of an employing authority. ``(3) The chief official of each instrumentality of the Congress shall submit to the Congress a report describing the remedies and procedures it has established to comply with paragraph (2). ``(4) Within 90 days of the exhaustion of all procedures authorized under paragraph (2) or after 180 days after the filing of a complaint in accordance with such procedures, an employee may bring a civil action in the appropriate United States district court against the employee's instrumentality. In any such action, the court may order such relief, including damages, attorneys' fees, and other costs as may be ordered by a court under section 7.''. TITLE II--TITLE VII OF THE CIVIL RIGHTS ACT OF 1964 SEC. 201. REFERENCE. Whenever in this title an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Civil Rights Act of 1991. SEC. 202. APPLICATION TO CONGRESS. (a) Coverage.--Section 117(a)(2)(A) (2 U.S.C. 60l(a)(2)(A)) is amended by adding at the end the following: ``For purposes of this section, the term `employee' also includes an individual who applies for employment and the term `employing authority' also includes any agent of the employing authority and any Member who participates in determining the terms and conditions applicable to an employee's employment and any agent of such Member but with respect to a position on the minority staff of a committee such term does not include the Chairman of such committee.''. (b) Employee Actions, Payments, Considerations, and Notice.-- (1) Amendment.--Section 117 (2 U.S.C. 60l) is amended in subsection (b)(4), by inserting before the period the following: ``and includes any agent of any of the foregoing entities'', and (2) by adding at the end the following: ``(c) Employee Actions.-- ``(1) In general.--Within 90 days of the exhaustion of all procedures authorized under subsection (a) or (b) or after 180 days after the filing of a complaint in accordance with such procedures an employee may bring a civil action in the appropriate United States district court against the employee's employing authority or if employed by an instrumentality of Congress, against such instrumentality. In any such action, the court may order such relief as is provided under title VII of the Civil Rights Act of 1964 and section 1977A of the Revised Statutes (42 U.S.C. 1981a), except that the sum of the amount of compensatory damages awarded for future pecuniary losses, emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, and other nonpecuniary losses and the amount of punitive damages shall not exceed for each complaining party $50,000 in an action against an employing authority. ``(2) Trial.--In an action brought under paragraph (1)-- ``(A) any party may demand a trial by jury, and ``(B) the court shall not inform the jury of the dollar limitation prescribed by paragraph (1). ``(3) Fees.--In an action brought under paragraph (1), the court may allow the prevailing party a reasonable attorney's fees (including expert witness fees) as part of the costs. ``(d) Payments.--Not later than 60 days after any payment is made under this section for the benefit of an aggrieved employee out of a Federal account of the House of Representatives and on behalf of an employing authority, the employing authority shall reimburse such account with non-Federal funds. The Committee on House Administration of the House of Representatives shall determine which account shall be used for payments to an aggrieved employee under this section and shall issue guidelines to ensure such reimbursement. ``(e) Considerations.--The rights and protections provided by this section do not prohibit the taking into consideration of: ``(1) the domicile of an individual with respect to a position under the clerk-hire allowance of the House of Representatives; or ``(2) the political affiliation of an individual with respect to a position under such clerk-hire allowance or a position on the staff of a committee. ``(f) Notice.--Each employing authority and instrumentality of Congress shall post and keep posted, in conspicuous places on its premises, a notice that shall be prepared by the Office of Fair Employment Practices or the instrumentality which sets forth such information as such Office or instrumentality considers to be appropriate to carry out this section.''. (2) Conforming amendment.--Section 117(a)(2)(B)(i) (2 U.S.C. 60l(a)(2)(B)(i)) is amended by inserting before the period at the end the following: ``, except as provided in subsections (c) through (f)''. TITLE III--DISABILITIES SEC. 301. REFERENCE. Whenever in this title an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Americans with Disabilities Act of 1990. SEC. 302. APPLICATION TO CONGRESS. (a) Coverage.--Section 509(b)(2)(A) (42 U.S.C. 12209(b)(2)(A)) is amended by adding at the end the following: ``For purposes of this section, the term `employee' also includes an individual who applies for employment and the term `employing authority' also includes any agent of the employing authority and any Member who participates in determining the terms and conditions applicable to an employee's employment and any agent of such Member but with respect to the minority staff of a committee does not include the Chairman of such committee.''. (b) Employee Actions, Payments, Considerations, and Notice.-- (1) Amendment.--Section 509 (42 U.S.C. 12209) is amended-- (A) in subsection (c)(4), by adding before the period the following: ``and includes any agent of any of the foregoing entities'', and (B) by adding at the end the following: ``(d) Employee Actions.-- ``(1) In general.--Within 90 days of the exhaustion of all procedures authorized under subsection (b)(2) or (c)(2) or after 180 days after the filing of a complaint in accordance with such procedures, an employee may bring a civil action in the appropriate United States district court against the employee's employing authority or if employed by an instrumentality of Congress, against such instrumentality. In any such action, the court may order such relief as is provided under title VII of the Civil Rights Act of 1964 and section 1977A of the Revised Statutes (42 U.S.C. 1981a), except that the sum of the amount of compensatory damages awarded for future pecuniary losses, emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, and other nonpecuniary losses and the amount of punitive damages shall not exceed for each complaining party $50,000 in an action against an employing authority. ``(2) Trial.--In an action brought under paragraph (1)-- ``(A) any party may demand a trial by jury, and ``(B) the court shall not inform the jury of the dollar limitation prescribed by paragraph (1). ``(3) Fees.--In an action brought under paragraph (1), the court may allow the prevailing party a reasonable attorney's fees (including expert witness fees) as part of the costs. ``(e) Payments.--Not later than 60 days after any payment is made under this section for the benefit of an aggrieved employee out of a Federal account of the House of Representatives and on behalf of an employing authority, the employing authority shall reimburse such account with non-Federal funds. The Committee on House Administration of the House of Representatives shall determine which account shall be used for payments to an aggrieved employee under this section and shall issue guidelines to ensure such reimbursement. ``(f) Considerations.--The rights and protections provided by this section do not prohibit the taking into consideration of: ``(1) the domicile of an individual with respect to a position under the clerk-hire allowance of the House of Representatives; or ``(2) the political affiliation of an individual with respect to a position under such clerk-hire allowance or a position on the staff of a committee. ``(g) Notice.--Each employing authority and instrumentality of Congress shall post and keep posted, in conspicuous places on its premises, a notice that shall be prepared by the Office of Fair Employment Practices or the instrumentality which sets forth such information as such Office or instrumentality considers to be appropriate to carry out this section.''. (2) Conforming amendment.--Section 509(b)(2)(B)(i) (42 U.S.C. 12209(b)(2)(B)(i)) is amended by inserting before the period at the end the following: ``, except as provided in subsections (d) through (g)''. TITLE IV--FAMILY AND MEDICAL LEAVE SEC. 401. ENFORCEMENT ACTION. (a) Employing Authority.--Section 502(a) of the Family and Medical Leave Act of 1993 (2 U.S.C. 60n(a)) is amended by inserting before the period the following: ``, except that with respect to a position on the minority staff of a committee, the term `employing authority' does not include the Chairman of such committee''. (b) Remedy.--Subsection (c) of section 502 of the Family and Medical Leave Act of 1993 (2 U.S.C. 60n) is redesignated as subsection (f) and the following is inserted after subsection (b): ``(c) Employee Action.-- Within 90 days of the exhaustion of all procedures authorized under subsection (b), or after 180 days after the timely filing of a complaint in accordance with such procedures, an employee may bring a civil action in the appropriate United States district court against the employee's employing authority. In any such action, the court may order such relief, including damages, interest, attorneys' fees, expert witness fees, and other costs, as may be ordered by a court under section 107. ``(d) Payments.--Not later than 60 days after any payment is made under this section for the benefit of an aggrieved employee out of a Federal account of the House of Representatives and on behalf of an employing authority, the employing authority shall reimburse such account with non-Federal funds. The Committee on House Administration of the House of Representatives shall determine which account shall be used for payments to an aggrieved employee under this section and shall issue guidelines to ensure such reimbursement. ``(e) Instrumentalities of Congress.-- ``(1) In general.--The rights and protections under sections 102 through 105 (other than section 104(b)) shall, subject to paragraph (2), apply with respect to the conduct of each instrumentality of the Congress. ``(2) Establishment of remedies and procedures by instrumentalities.--The chief official of each instrumentality of the Congress shall establish remedies and procedures to protect the rights provided for in paragraph (1). ``(3) Report to congress.--The chief official of each instrumentality of the Congress shall, after establishing remedies and procedures for purposes of paragraph (2), submit to the Congress a report describing the remedies and procedures it has established to comply with paragraph (2). ``(4) Definition of instrumentalities.--For purposes of this section, instrumentalities of the Congress include the Architect of the Capitol, the Library of Congress, the Congressional Budget Office, the General Accounting Office, the Government Printing Office, the Office of Technology Assessment, and the United States Botanic Garden and includes any agent of any of the foregoing entities. ``(5) Civil action.--Within 90 days of the exhaustion of all procedures authorized under paragraph (2) or after 180 days after the filing of a complaint in accordance with such procedures, an employee may bring a civil action in the appropriate United States district court against the employee's instrumentality. In any such action, the court may order such relief, including damages, attorneys' fees, and other costs as may be ordered by a court under section 107. ``(f) Notice.--Each employing authority and instrumentality of Congress shall post and keep posted, in conspicuous places on its premises, a notice that shall be prepared by the Office of Fair Employment Practices or the instrumentality which sets forth such information as such Office or instrumentality considers to be appropriate to carry out this section.''. TITLE V--GUIDELINES SEC. 501. GUIDELINES. Any guidelines issued by any committee of the House of Representatives to implement any provision of this Act shall be published in the Congressional Record for a period of at least 60 days before such implementation. TITLE VI--EFFECTIVE DATE SEC. 601. EFFECTIVE DATE. The amendments made by this Act shall take effect upon the expiration of 3 months after the date of the enactment of this Act. HR 2499 IH----2

Summary: TABLE OF CONTENTS: Title I: Age Discrimination Title II: Title VII of the Civil Rights Act of 1964 Title III: Disabilities Title IV: Family and Medical Leave Title V: Guidelines Title VI: Effective Date Congressional Coverage for Discrimination and Family Leave Act - Title I: Age Discrimination - Amends the Age Discrimination in Employment Act of 1967 (the Act) to cover employees in the House of Representatives and in instrumentalities of the Congress. Authorizes an aggrieved employee to bring a civil action in the appropriate district court against an employing authority or instrumentality of the Congress. Authorizes the court to order such relief, including damages, attorney's fees, and other costs provided by this Act. Requires the employing authority to reimburse the Federal account of the House with non-Federal funds for any damages paid out of the account on behalf of an aggrieved employee. Title II: Title VII of the Civil Rights Act of 1964 - Amends the Civil Rights Act of 1991 to authorize an employee in the House of Representatives or in an instrumentality of the Congress to bring a civil action in the appropriate United States district court against his or her employing authority or the appropriate instrumentality. Authorizes the court to order such relief specified under the Civil Rights Act of 1964 and the Revised Statutes. Limits the aggregate amount of compensatory and punitive damages to $50,000. Authorizes the complaining party to demand a jury trial. Prohibits the court from informing the jury of the dollar limitation imposed under this Act. Authorizes the court to allow the prevailing party a reasonable attorney's fees (including expert witness fees) as part of the costs. Requires the employing authority to reimburse the Federal account of the House with non-Federal funds for any damages paid out of the account on behalf of an aggrieved employee. Title III: Disabilities - Amends the Americans with Disabilities Act of 1990 to authorize an employee in the House of Representatives or in an instrumentality of the Congress to bring a civil action in the appropriate district court against his or her employing authority or the appropriate instrumentality. Authorizes the court to order such relief specified under the Civil Rights Act of 1964 and the Revised Statutes. Limits the aggregate amount of compensatory and punitive damages to $50,000. Authorizes the complaining party to demand a jury trial. Prohibits the court from informing the jury of the dollar limitation imposed under this Act. Authorizes the court to allow the prevailing party a reasonable attorney's fees (including expert witness fees) as part of the costs. Requires the employing authority to reimburse the Federal account of the House with non-Federal funds for any damages paid out of the account on behalf of an aggrieved employee. Title IV: Family and Medical Leave - Amends the Family and Medical Leave Act of 1993 (the Act) to authorize an employee to bring a civil action in the appropriate United States district court against the employee's employing authority or the appropriate instrumentality of the Congress. Authorizes the court to order such relief, including damages, interest, attorney's fees, expert witness fees, and other costs specified by the Act. Applies the rights and protections under title I of the Act to employees of each instrumentality of the Congress, except for the exemption concerning highly compensated employees. Title V: Guidelines - Requires implementing guidelines issued by any House committee for this Act to be published in the Congressional Record at least 60 days before such implementation. Title VI: Effective Date - Makes this Act effective three months after the date of enactment.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Student Success Act of 2001''. TITLE I--AUTHORIZATION OF HUMAN CAPITAL INVESTMENT CONTRACTS SEC. 101. PURPOSE; LAWFULNESS OF INSTRUMENTS; PREEMPTION OF STATE LAW. (a) Purpose.--It is the purpose of this title to authorize individuals to enter into contracts for the purposes of obtaining funds for the payment of tuition and other related expenses of postsecondary education by agreeing to pay to the holder of the contract a specified percentage of the individual's future earned income. (b) Lawfulness of Contracts; Preemption.--Any human capital investment contract that complies with the requirements of section 102 shall be a valid, binding, and enforceable contract notwithstanding any State law limiting or otherwise regulating assignments of future wages or other income. SEC. 102. TERMS AND CONDITIONS OF HUMAN CAPITAL INVESTMENT CONTRACTS. (a) Definition of Human Capital Investment Contract.--For purposes of this title, the term ``human capital investment contract'' means an agreement between an eligible student and any other person under which the eligible student sells and assigns specified percentages of the eligible student's future income, for a specified period of time, in exchange for payments to or on behalf of such student for-- (1) the tuition and related expenses of attendance by the student at an eligible institution, and (2) any income taxes owed by the student as a consequence of the receipt of such payments. (b) Terms and Conditions of Agreements.--A human capital investment contract complies with the requirements of this section if the contract complies with each of the following conditions: (1) Specified percentage of earned income.--A human capital investment contract shall specify the percentages of future earned income which the student will be obligated to pay, except that the contract-- (A) shall specify the maximum amount of earned income for each year to which such specified percentage shall apply; (B) shall provide a schedule of reductions in such percentage if the student's earned income from full- time employment is less than amounts specified in the contract; and (C) may specify a schedule of increases in such percentage if the student obtains a deferral under paragraph (6), subject to the limitation in paragraph (2). (2) Aggregate limitation on obligation.--No eligible student may enter into any human capital investment contract if the total percentage of such student's future earned income that the student agrees to pay under that contract, and any other human capital investment contracts of such student, exceeds 20 percent of such future earned income. (3) Specified duration; extension of period for deferrals.--A human capital investment contract shall specify the maximum period of time during which the student will be obligated to pay a portion of the student's future earned income from full-time employment, except that-- (A) except as provided in subparagraph (B), such period may not exceed 180 months; and (B) such contract may provide that such period may be extended by the number of months during which the student obtains a deferral of payments under paragraph (5) or (6). (4) Commencement of repayment.--A human capital investment contract shall provide that the student is not obligated to commence payments, and that the deferral period in paragraph (5) does not begin to toll, until the student-- (A) ceases to carry at an eligible institution at least the minimum academic workload set forth in the contract; or (B) ceases to be eligible to meet the deferral requirements set forth in paragraph (6). (5) Deferral for under-employment or unemployment.--A human capital investment contract shall provide that the student may obtain a deferral of the obligation to make payments under the contract during any period in which the student is unemployed, except that the contract may provide that, if the student is unemployed for longer than a maximum period specified in the contract, the student agrees to extinguish obligations under the contract by payment of-- (A) the amounts determined in accordance with paragraph (7), and (B) any related administrative costs of collecting such amounts, including attorney's fees. (6) Deferral during periods of graduate study.--A human capital investment contract shall provide that a student who is enrolled or accepted for enrollment in a postgraduate degree program is not obligated to commence payments under the contract until the student ceases to carry a full-time academic workload leading to such a degree at an eligible institution, except that the contract may provide that the maximum period for which payments may be deferred pursuant to this paragraph shall not exceed 48 months. (7) Accelerated repayment.--A human capital investment contract shall specify the terms and conditions by which the student may extinguish the student's obligations under the contract before the end of the payment period specified in the human capital investment contract, based on the remaining term of such period. (c) Required Disclosures.--A human capital investment contract does not comply with the requirements of this section unless the eligible student is provided, before entry into agreement, a disclosure document that clearly and simply discloses that-- (1) the agreement is not a debt instrument, and that the amount the student will be required to pay under the agreement-- (A) may be more or less than the amount provided to the student; and (B) will vary in proportion to the student's future earned income; (2) the obligations of the student under the agreement are not dischargeable under bankruptcy law; (3) the obligations of the student under the agreement may be extinguished by accelerating payments, as specified in the agreement; and (4) the duration of the student's obligations under the agreement (absent such accelerating payments). SEC. 103. DEFINITIONS. As used in this title-- (1) Earned income.-- (A) The term ``earned income'' means compensation and self-employment income. (B) The term ``compensation'' means the gross amount of salaries, wages, and other remunerations earned by the student as an employee, not taking into account any deferred compensation arrangements or any payments to any retirement, pension, or other benefit plan. (C) The term ``self-employment income'' means the net earnings from self-employment, as defined in section 1402 of the Internal Revenue Code of 1986, and regulations prescribed thereunder. (2) Eligible student.--The term ``eligible student'' means any person-- (A) who is a citizen or national of the United States, a permanent resident of the United States, able to provide evidence from the Immigration and Naturalization Service that he or she is in the United States for other than a temporary purpose with the intention of becoming a citizen or permanent resident, or permanent resident of the Trust Territory of the Pacific Islands, Guam, the Northern Mariana Islands; (B) who is enrolled or accepted for enrollment in a degree, certificate, or other program (including a program of study abroad approved for credit by the eligible institution at which such student is enrolled) leading to a recognized educational credential at an eligible institution of higher education; and (C) who is not enrolled in an elementary or secondary school. (3) Eligible institution.--The term ``eligible institution'' means an institution of higher education as such term is defined in section 481(a) of the Higher Education Act of 1965 (20 U.S.C. 1088(a)). (4) Full-time employment; period of no employment.-- Determinations of full-time employment in a given calendar year shall be based on an average employment of 35 hours (or more) per week during such year (a total of 1,820 hours or more for the year). Determinations of period of no employment of a student shall be determined separately for each calendar year and expressed as a whole number of weeks and shall be based on the excess, if any, of 1,820 over the total number of hours of employment of the student during the year, divided by 35, and rounded down to the nearest whole number. (5) State law.-- (A) The term ``State law'' means any law, decision, rule, regulation, or other action having the effect of a law of any State or any political subdivision of a State, or any agency or instrumentality of a State or political subdivision of a State, except that a law of the United States applicable only to the District of Columbia shall be treated as a State law (rather than a law of the United States). (B) The term ``State'' includes, in addition to the several States of the Union, the Commonwealth of Puerto Rico, the District of Columbia, Guam, American Samoa, the Virgin Islands, the government of the Northern Mariana Islands, and the Trust Territory of the Pacific Islands. TITLE II--TAX TREATMENT OF HUMAN CAPITAL INVESTMENT CONTRACTS SEC. 201. TAX TREATMENT OF HUMAN CAPITAL INVESTMENT CONTRACTS. (a) In General.--Section 7701 of the Internal Revenue Code of 1986 is amended by redesignating subsection (m) as subsection (n) and by inserting after subsection (l) the following new subsection: ``(m) Human Capital Investment Contracts.--A human capital investment contract (as defined in section 102 of the Student Success Act of 2001) shall not be treated as a debt instrument for purposes of this title, and amounts received by the student for entering into such a contract shall be includible in such student's gross income for purposes of subtitle A.'' (b) Depreciation.--Section 167 of the Internal Revenue Code of 1986 (relating to depreciation) is amended by redesignating subsection (h) as subsection (i) and by inserting after subsection (g) the following new subsection: ``(h) Human Capital Investment Contracts.--If a depreciation deduction is allowable under subsection (a) with respect to any human capital investment contract (as defined in section 102 of the Student Success Act of 2001), such deduction-- ``(1) shall be allowable beginning with the taxable year during which the student is first obligated to begin payments under the contract, and ``(2) shall be computed by using the straight-line method and a useful life equal to the shorter of-- ``(A) 15 years, or ``(B) the maximum period the student is obligated to make payments under the contract (determined without regard to any extension of such period by reason of a deferral).'' (c) Deduction for Payments.-- (1) In general.--Part VII of subchapter B of chapter 1 of such Code is amended by redesignating section 221 as section 222 and by inserting after section 220 the following new section: ``SEC. 221. PAYMENTS UNDER HUMAN CAPITAL INVESTMENT CONTRACTS. ``In the case of an individual who is obligated to make payments under a human capital investment contract (as defined in section 102 of the Student Success Act of 2001), there shall be allowed as a deduction the amount of such payments made during the taxable year.'' (2) Deduction allowable in determining adjusted gross income.--Subsection (a) of section 62 of such Code is amended by inserting after paragraph (16) the following new paragraph: ``(17) Human capital investment contract payments.--The deduction allowed by section 221.'' (3) Clerical amendment.--The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by striking the last item and inserting the following new items: ``Sec. 221. Payments under human capital investment contracts. ``Sec. 222. Cross reference.'' (d) Qualifying Income of Publicly Traded Partnerships.--Paragraph (1) of section 7704(d) of such Code is amended by striking ``and'' at the end of subparagraph (F), by striking the period at the end of subparagraph (G) and inserting ``, and'', and by inserting after subparagraph (G) the following new subparagraph: ``(H) income derived from, or gain from the sale or other disposition of any human capital investment contract (as defined in section 102 of the Student Success Act of 2001).'' (e) Effective Date.--The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act. TITLE III--SECURITIES LAW TREATMENT OF HUMAN CAPITAL INVESTMENT CONTRACTS SEC. 301. POOLING OF HUMAN CAPITAL INVESTMENT CONTRACTS INTO INVESTMENT COMPANIES. Section 2(a)(36) of the Investment Company Act of 1940 (15 U.S.C. 80a-2) is amended by inserting ``human capital investment contracts (as such term is defined in section 102 of the Student Success Act of 2001),'' after ``relating to foreign currency,''. TITLE IV--BANKRUPTCY LAW TREATMENT OF HUMAN CAPITAL INVESTMENT CONTRACTS. SEC. 401. EXCEPTION TO DISCHARGE. Section 523(a) of title 11, United States Code, is amended-- (1) in paragraph (17) by striking ``and'' at the end, (2) in paragraph (18) by striking the period at the end and inserting ``; and'', and (3) by adding at the end the following: ``(19) for a payment owed by the debtor as a result of a payment made to or for the benefit of the debtor, under a human capital investment contract (as defined in section 102 of the Student Success Act of 2001 unless-- ``(A) such payment owed by the debtor first became due more than 7 years (exclusive of any applicable suspension of the debtor's payment period) before the date of the filing of the petition; or ``(B) excepting such debt from discharge under this paragraph will impose an undue hardship on the debtor and the debtor's dependents.''. TITLE V--FEDERAL STUDENT ASSISTANCE TREATMENT OF HUMAN CAPITAL INVESTMENT CONTRACTS. SEC. 501. AMOUNTS RECEIVED NOT TREATED AS INCOME IN CALCULATION OF FINANCIAL NEED. Section 480(a) of the Higher Education Act of 1965 (20 U.S.C. 1087vv(a)) is amended-- (1) in paragraph (1), by striking ``paragraph (2)'' and inserting ``paragraphs (2) and (3)''; and (2) by adding at the end the following new paragraph: ``(3) No portion of any amounts received by a student for entering into a human capital investment contract (as defined in section 102 of the Student Success Act of 2001) shall be included as income or assets in the computation of expected family contribution for any program funded in whole or in part under this Act.''.

Summary: Student Success Act of 2001 - Authorizes individuals to enter into human capital investment contracts (HCICs) to obtain funds for the payment of tuition and other related expenses of postsecondary education by agreeing to pay to the holder of the contract a specified percentage of the individual's future earned income. Makes any HCIC that complies with required terms and conditions under this Act a valid, binding, and enforceable contract notwithstanding any State law limiting or otherwise regulating assignments of future wages or other income.Amends the Internal Revenue Code to provide that: (1) an HCIC shall not be treated as a debt instrument for specified purposes; and (2) amounts received by the student for entering into an HCIC shall be includible in such student's gross income for certain tax purposes. Sets forth conditions for allowable depreciation deductions with respect to HCICs. Allows a tax deduction, in determining adjusted gross income, for an individual's obligated payments under an HCIC.Deems income derived from, or gain from the sale or other disposition of, an HCIC as qualifying income which would exempt a publicly traded partnership from treatment as a corporation.Amends the Investment Company Act of 1940 to provide for pooling of HCICs into investment companies.Amends Federal bankruptcy law to except from discharge in bankruptcy, under certain conditions, any payment owed by the debtor as a result of a payment made to or for the benefit of the debtor under an HCIC.Amends the Higher Education Act of 1965 (HEA) to provide that no portion of any amounts received by a student for entering into an HCIC shall be included as income or assets in the computation of expected family contribution for any program funded in whole or in part under HEA.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business, Family Farms, and Constitutional Protection Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds the following: (1) The provision of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1999, that prohibits the use of Federal funds to implement the Kyoto Protocol to the United Nations Framework Convention on Climate Change prior to its ratification should be extended and strengthened. (2) The Environmental Protection Agency claims that it has authority under the Clean Air Act to regulate carbon dioxide as a ``pollutant'', although the Administrator of the Environmental Protection Agency has not yet proposed to regulate carbon dioxide under the Act. (3) When the Congress enacted and amended the Clean Air Act, it did not delegate to the Environmental Protection Agency authority to regulate carbon dioxide. Such regulation would constitute a usurpation of legislative power. (4) Furthermore, regulation of carbon dioxide would necessarily have the effect of implementing the Kyoto Protocol. (5) Since a speech by the President on October 22, 1997, the Administration has called for enactment of a program commonly known as ``credit for early action'' or ``early action crediting'' as part of its global climate change policy. (6) Early action crediting is fundamentally a strategy to prematurely implement the nonratified Kyoto Protocol and to build a pro-Kyoto business constituency. (7) Early action crediting would reward some big businesses for taking steps to comply with the Kyoto Protocol prior to its ratification. (8) Early action crediting would also encourage participating big businesses to support ratification, because participants would acquire costly paper assets that could be used as emission credits under a future regulatory system and that could be monetized if the Kyoto Protocol were ratified. (9) Early action crediting is not a truly voluntary program, because it would penalize non-participants by reducing the supply of emission credits available to them in the first Kyoto Protocol compliance period. (10) Early action crediting would increase compliance costs under the Kyoto Protocol for small businesses and family farms, which generally lack the technical expertise and discretionary capital required for participation in emissions reduction projects and lack the legal sophistication necessary to negotiate early action agreements with Federal agencies. (11) Early action crediting would lose even the pretense of being voluntary if it were administered by the Environmental Protection Agency or any other agency wielding powers of regulatory coercion. (12) Companies already may voluntarily record and report their actions to reduce greenhouse gases under section 1605 of the Energy Policy Act of 1992 (42 U.S.C. 13385). That section is administered by the Energy Information Administration, an agency with no regulatory authority or agenda. (13) Early action crediting is not needed to protect early big business emissions reducers from any extra costs under the Kyoto Protocol, because, as a practical political matter, the Kyoto Protocol will not be ratified and implementing legislation will not be adopted without the active support of the policy makers and big businesses advocating early action crediting. (14) The most effective way for members of the Congress to protect United States competitiveness, small businesses, and family farms from the regulatory excesses of a possible future climate treaty is to declare their unequivocal and unqualified opposition to the Kyoto Protocol. (b) Purposes.--The purposes of this Act are the following: (1) To safeguard the Senate's constitutional role in treaty making. (2) To prevent implementation of the Kyoto Protocol prior to its ratification. (3) To protect small businesses and family farms from incurring additional costs under a future climate change treaty or domestic program to regulate greenhouse gas emissions. SEC. 3. PROHIBITION ON FEDERAL ACTIONS TO IMPLEMENT THE KYOTO PROTOCOL. (a) In General.--Federal funds may not be used to propose or issue rules, regulations, decrees, or orders or used to propose or issue rules, regulations, decrees, or orders or for programs designed to implement, or in preparation for implementing, the Kyoto Protocol to the United Nations Framework Convention on Climate Change before the date on which the Senate gives its advice and consent to ratification of the Kyoto Protocol. (b) No Federal Authority To Regulate Carbon Dioxide Emissions.-- Notwithstanding any other provision of law, no Federal Agency has authority to promulgate regulations to limit emissions of carbon dioxide unless a law is enacted after the date of enactment of this Act that specifically grants such authority. (c) Restriction on Use of Funds for Regulatory Credits.-- Notwithstanding any other provision of law, Federal funds may not be used to advocate, develop, or implement a program providing regulatory credits for early voluntary greenhouse gas emission reductions, before the date on which the Senate gives its advice and consent to ratification of the Kyoto Protocol.

Summary: Small Business, Family Farms, and Constitutional Protection Act - Prohibits the use of Federal funds to propose or issue rules, regulations, decrees, or orders or for programs to implement the Kyoto Protocol to the United Nations Framework Convention on Climate Change before the date on which the Senate gives its advice and consent to Protocol ratification. Provides that no Federal agency has authority to promulgate regulations to limit carbon dioxide emissions unless a law is enacted after this Act's enactment that specifically grants such authority. Prohibits the use of Federal funds to advocate, develop, or implement a program providing regulatory credits for early voluntary greenhouse gas emission reductions before the date on which the Senate gives its advice and consent to Protocol ratification.


SECTION 1. REAUTHORIZATION. Section 717(a) of the Defense Production Act of 1950 (50 U.S.C. App. 2166(a)) is amended-- (1) by striking ``2014'' and inserting ``2019''; and (2) by striking ``on or after the date of enactment of the Defense Production Act Reauthorization of 2009''. SEC. 2. DEFENSE PRODUCTION ACT COMMITTEE IMPROVEMENTS. Section 722 of the Defense Production Act of 1950 (50 U.S.C. App. 2171) is amended-- (1) in subsection (a)-- (A) by striking ``advise the President'' and inserting ``coordinate and plan for''; and (B) by striking ``the authority'' and inserting ``the priorities and allocations authorities''; (2) in subsection (b), by amending paragraph (2) to read as follows: ``(2) The Chairperson of the Committee shall be the head of the agency to which the President has delegated primary responsibility for government-wide coordination of the authorities in this Act.''; (3) by amending subsection (c) to read as follows: ``(c) Coordination of Committee Activities.--The Chairperson shall appoint one person to coordinate all of the activities of the Committee, and such person shall-- ``(1) be a full-time employee of the Federal Government; ``(2) report to the Chairperson; and ``(3) carry out such activities relating to the Committee as the Chairperson may determine appropriate.''; and (4) in subsection (d)-- (A) by striking ``Not later than'' and all that follows through ``Committee shall submit'' and inserting the following: ``The Committee shall issue a report each year by March 31''; (B) by striking ``each member of the Committee'' and inserting ``the Chairperson''; (C) in paragraph (1)-- (i) by striking ``a review of the authority under this Act of'' and inserting ``a description of the contingency planning by''; and (ii) by inserting before the semicolon the following: ``for events that might require the use of the priorities and allocations authorities''; (D) in paragraph (2), by striking ``authority described in paragraph (1)'' and inserting ``priorities and allocations authorities in this Act''; (E) by amending paragraph (3) to read as follows: ``(3) recommendations for legislation actions, as appropriate, to support the effective use of the priorities and allocations authorities in this Act;''; (F) in paragraph (4), by striking ``all aspects of'' and all that follows through the end of the paragraph and inserting ``the use of the priorities and allocations authorities in this Act;''; and (G) by adding at the end the following: ``(5) up-to-date copies of the rules described under section 101(d)(1); and ``(6) short attestations signed by each member of the Committee stating their concurrence in the report.''. SEC. 3. UPDATED RULEMAKING. Section 101(d)(1) of the Defense Production Act of 1950 (50 U.S.C. App. 2071(d)(1)) is amended by striking ``not later than'' and all that follows through ``rules'' and inserting the following: ``issue, and annually review and update whenever appropriate, final rules''. SEC. 4. PRESIDENTIAL DETERMINATION. (a) In General.--Section 303(a) of the Defense Production Act of 1950 (50 U.S.C. App. 2093(a)) is amended-- (1) in paragraph (5)-- (A) by striking ``determines'' and inserting the following: ``, on a non-delegable basis, determines, with appropriate explanatory material and in writing,''; (B) in subparagraph (A), by striking ``and'' at the end; (C) in subparagraph (B), by striking the period and inserting ``; and''; and (D) by adding at the end the following: ``(C) purchases, purchase commitments, or other action pursuant to this section are the most cost effective, expedient, and practical alternative method for meeting the need.''; and (2) in paragraph (6), by adding at the end the following: ``(C) Limitation.--If the taking of any action or actions under this section to correct an industrial resource shortfall would cause the aggregate outstanding amount of all such actions for such industrial resource shortfall to exceed $50,000,000, no such action or actions may be taken, unless such action or actions are authorized to exceed such amount by an Act of Congress.''. (b) Exception.--Section 303(a)(6)(C) of the Defense Production Act of 1950, as added by subsection (a)(2), shall not apply to a project undertaken pursuant to a determination made before the date of the enactment of this Act. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. Section 711 of the Defense Production Act of 1950 (50 U.S.C. App. 2161) is amended-- (1) by striking ``are hereby authorized to be appropriated such sums as may be necessary and appropriate'' and inserting `` is authorized to be appropriated $133,000,000 for fiscal year 2015 and each fiscal year thereafter''; and (2) by striking the second and third sentences. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Summary: (This measure has not been amended since it was passed by the House on July 29, 2014. (Sec. 1) Reauthorizes provisions of the Defense Production Act of 1950 (provides authority for the President and federal agencies to prepare for national defense, military conflicts, disasters, or acts of terrorism using the domestic industrial base to supply materials and services) through September 30, 2019. Reinstates authorities under which the President may provide for loans to private business enterprises or authorize a guaranteeing agency to guarantee loans by private institutions to contractors, providers of critical infrastructure, or other persons for services, production, or deliveries essential to national defense. Makes such authorities effective for any fiscal year only to such extent or in such amounts as are provided in advance in appropriations Acts. (Sec. 2) Revises requirements relating to the Defense Production Act Committee to: (1) direct the Committee to coordinate and plan (currently, advise the President) according to specified priorities and allocation authorities; (2) require the Chairperson to be the head of the agency to which the President has delegated primary responsibility for government-wide coordination of such activities; and (3) require the Chairperson to appoint a coordinator of Committee activities (currently, the President appoints an Executive Director). Expands the Committee's annual report to Congress to include a description of contingency planning by federal agencies, legislative recommendations, and updated copies of federal agencies' rules to promote national defense under both emergency and nonemergency conditions. (Sec. 3) Requires federal agencies delegated defense production authority to review such rules annually and make updates whenever appropriate. (Sec. 4) Prohibits the President from: (1) delegating a determination to execute a contract for an industrial resource, material, or critical technology that is essential to national defense; (2) executing contracts for such capabilities unless the purchases are the most cost effective, expedient, and practical alternative method for meeting the need; and (3) taking action to correct an industrial resource shortfall without congressional authorization if such action would cause the aggregate outstanding amount of all such actions to exceed $50 million. Prohibits the congressional authorization requirement for an aggregate amount exceeding $50 million from applying to projects undertaken pursuant to a determination made before the enactment of this Act. (Sec. 5) Authorizes specified appropriations.