Input:
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.

Output:
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.


Input:
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).

Output: 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.


Input:
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

Output:
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.


Input:
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.''.

Output: 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.


Input:
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.

Output:
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.


Input:
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.

Output: (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.