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.

To provide plant-based commodities under the school lunch program under the Richard B. Russell National School Lunch Act and the school breakfast program under the Child Nutrition Act of 1966, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Native American $1 Coin Act''.

SEC. 2. NATIVE AMERICAN $1 COIN PROGRAM.

    (a) In General.--Section 5112 of title 31, United States Code, is
amended by adding at the end the following:
    ``(r) Redesign and Issuance of Circulating $1 Coins Honoring Native
Americans and the Important Contributions Made by Indian Tribes and
Individual Native Americans in United States History.--
            ``(1) Redesign beginning in 2009.--Effective beginning
        January 1, 2009, notwithstanding subsection (d), in addition to
        the coins to be issued pursuant to subsection (n), and in
        accordance with this subsection, the Secretary shall mint and
        issue $1 coins that--
                    ``(A) have as the designs on the obverse the so-
                called `Sakakawea design'; and
                    ``(B) have a design on the reverse selected in
                accordance with paragraph (2)(A), subject to paragraph
                (3)(A).
            ``(2) Design requirements.--The $1 coins issued in
        accordance with paragraph (1) shall meet the following design
        requirements:
                    ``(A) Coin reverse.--The design on the reverse
                shall bear--
                            ``(i) images celebrating the important
                        contributions made by Indian tribes and
                        individual Native Americans to the development
                        of the United States and the history of the
                        United States;
                            ``(ii) the inscription `$1' ; and
                            ``(iii) the inscription `United States of
                        America'.
                    ``(B) Coin obverse.--The design on the obverse
                shall--
                            ``(i) be chosen by the Secretary, after
                        consultation with the Commission of Fine Arts
                        and review by the Citizens Coinage Advisory
                        Committee; and
                            ``(ii) contain the so-called `Sakakawea
                        design' and the inscription `Liberty'.
                    ``(C) Edge-incused inscriptions.--
                            ``(i) In general.--The inscription of the
                        year of minting and issuance of the coin and
                        the inscriptions `E Pluribus Unum' and `In God
                        We Trust' shall be edge-incused into the coin.
                            ``(ii) Preservation of distinctive edge.--
                        The edge-incusing of the inscriptions under
                        clause (i) on coins issued under this
                        subsection shall be done in a manner that
                        preserves the distinctive edge of the coin so
                        that the denomination of the coin is readily
                        discernible, including by individuals who are
                        blind or visually impaired.
                    ``(D) Reverse design selection.--The designs
                selected for the reverse of the coins described under
                this subsection--
                            ``(i) shall be chosen by the Secretary
                        after consultation with the Committee on Indian
                        Affairs of the Senate, the Congressional Native
                        American Caucus of the House of
                        Representatives, the Commission of Fine Arts,
                        and the National Congress of American Indians;
                            ``(ii) shall be reviewed by the Citizens
                        Coinage Advisory Committee;
                            ``(iii) may depict individuals and events
                        such as--
                                    ``(I) the creation of Cherokee
                                written language;
                                    ``(II) the Iroquois Confederacy;
                                    ``(III) Wampanoag Chief Massasoit;
                                    ``(IV) the `Pueblo Revolt';
                                    ``(V) Olympian Jim Thorpe;
                                    ``(VI) Ely S. Parker, a general on
                                the staff of General Ulysses S. Grant
                                and later head of the Bureau of Indian
                                Affairs; and
                                    ``(VII) code talkers who served the
                                United States Armed Forces during World
                                War I and World War II; and
                            ``(iv) in the case of a design depicting
                        the contribution of an individual Native
                        American to the development of the United
                        States and the history of the United States,
                        shall not depict the individual in a size such
                        that the coin could be considered to be a `2-
                        headed' coin.
            ``(3) Issuance of coins commemorating 1 native american
        event during each year.--
                    ``(A) In general.--Each design for the reverse of
                the $1 coins issued during each year shall be
                emblematic of 1 important Native American or Native
                American contribution each year.
                    ``(B) Issuance period.--Each $1 coin minted with a
                design on the reverse in accordance with this
                subsection for any year shall be issued during the 1-
                year period beginning on January 1 of that year and
                shall be available throughout the entire 1-year period.
                    ``(C) Order of issuance of designs.--Each coin
                issued under this subsection commemorating Native
                Americans and their contributions--
                            ``(i) shall be issued, to the maximum
                        extent practicable, in the chronological order
                        in which the Native Americans lived or the
                        events occurred, until the termination of the
                        coin program described in subsection (n); and
                            ``(ii) thereafter shall be issued in any
                        order determined to be appropriate by the
                        Secretary, after consultation with the
                        Committee on Indian Affairs of the Senate, the
                        Congressional Native American Caucus of the
                        House of Representatives, and the National
                        Congress of American Indians.
            ``(4) Issuance of numismatic coins.--The Secretary may mint
        and issue such number of $1 coins of each design selected under
        this subsection in uncirculated and proof qualities as the
        Secretary determines to be appropriate.
            ``(5) Quantity.--The number of $1 coins minted and issued
        in a year with the design in accordance with this subsection
        shall be not less than 20 percent of the total number of $1
        coins minted and issued in such year under this subsection and
        subsection (n).''.
    (b) Marketing Program.--
            (1) In general.--The Secretary of the Treasury shall carry
        out a cost-effective, continuing campaign to encourage
        commercial enterprises to accept and dispense $1 coins that
        have as designs on the obverse the so-called ``Sakakawea
        design''.
            (2) Report.--The Secretary of the Treasury shall submit to
        Congress an annual report on the success of the efforts
        described in paragraph (1).

SEC. 3. TECHNICAL AND CONFORMING AMENDMENTS.

    (a) Presidential $1 Coin Program.--Section 5112(n) of title 31,
United States Code, is amended--
            (1) in paragraph (1)--
                    (A) by striking the paragraph designation and
                heading and all that follows through ``Notwithstanding
                subsection (d)'' and inserting the following:
            ``(1) Redesign beginning in 2007.--Notwithstanding
        subsection (d)'';
                    (B) by striking subparagraph (B); and
                    (C) by redesignating clauses (i) and (ii) as
                subparagraphs (A) and (B), respectively, and indenting
                the subparagraphs appropriately; and
            (2) by striking ``Sacagawea-design'' each place it appears
        and inserting ``Sakakawea-design''.
    (b) Removal of Barriers to Circulation of $1 Coin.--Section 5112(p)
of title 31, United States Code, is amended in paragraphs (3)(C) and
(5) by striking ``Sacagawea-design'' each place it appears and
inserting ``Sakakawea-design''.

Summary: Native American $1 Coin Act - Directs the Secretary of the Treasury to mint and issue $1 coins in commemoration of Native Americans and the important contributions made by Indian tribes and individual Native Americans to the development of the United States and the history of the United States. Requires the issuance of such coins during each year to be emblematic of one important Native American or Native American contribution.

A bill to require the Secretary of the Treasury to mint and issue coins in commemoration of Native Americans and the important contributions made by Indian tribes and individual Native Americans to the development of the United States and the history of the United States, and for other purposes.


SECTION 1. REMOVAL OF 18 OR 36 MONTH LIMITATION ON COBRA CONTINUATION
              COVERAGE.

    (a) Under ERISA.--
            (1) In general.--Subparagraph (A) of section 602(2) of the
        Employee Retirement Income Security Act of 1974 (29 U.S.C.
        1162(2)) is amended to read as follows:
                    ``(A) No specified maximum required period.--Except
                as otherwise provided, there is no specified deadline
                for the continuation coverage provided under this
                part.''.
            (2) Increased premium permitted for additional coverage.--
        The last sentence of section 602(3) of such Act is amended to
        read as follows: ``In the case of an individual who was
        described in the last sentence of paragraph (2)(A), as in
        effect before the amendment made by section 2(a)(1) of the
        Health Insurance For Life Act of 2006, for any month after the
        18th month of continuation coverage described in clause (i) or
        (ii) of such paragraph and in the case of an individual whose
        continuation coverage is only required under this part due to
        such amendment, any reference in subparagraph (A) of this
        paragraph to `102 percent' is deemed a reference to such
        percentage as the Secretary of Health and Human Services
        determines (from time to time and after consultation with the
        Secretary of Labor and the Secretary of the Treasury) that if
        were applied during the period of the first 18 months of
        continuation coverage under this part would have resulted in a
        premium equal to the average monthly actuarial cost of such
        continuation coverage.''.
    (b) Under IRC.--
            (1) In general.--Clause (i) of section 4980B(f)(2)(B) of
        the Internal Revenue Code of 1986 (relating to maximum required
        period of continuation coverage) is amended to read as follows:
                            ``(i) No specified maximum required
                        period.--Except as otherwise provided, there is
                        no specified deadline for the continuation
                        coverage provided under this section.''.
            (2) Increased premium permitted for additional coverage.--
        The last sentence of section 4980B(f)(2)(C) of such Code is
        amended to read as follows: ``In the case of an individual who
        was described in the last sentence of subparagraph (B)(i), as
        in effect before the amendment made by section 2(b)(1) of the
        Health Insurance For Life Act of 2006, for any month after the
        18th month of continuation coverage described in subclause (I)
        or (II) of such subparagraph and in the case of an individual
        whose continuation coverage is only required under this section
        due to such amendment, any reference in clause (i) of this
        subparagraph to `102 percent' is deemed a reference to such
        percentage as the Secretary of Health and Human Services
        determines from time to time under the last sentence of section
        602(e) of the Employee Retirement Income Security Act of
        1974.''.
    (c) Under PHSA.--
            (1) In general.--Subparagraph (A) of section 2202(2) of the
        Public Health Service Act (42 U.S.C. 300bb-2(2)) is amended to
        read as follows:
                    ``(A) No specified maximum required period.--Except
                as otherwise provided, there is no specified deadline
                for the continuation coverage provided under this
                part.''.
            (2) Increased premium permitted for additional coverage.--
        The last sentence of section 2202(3) of such Act is amended to
        read as follows: ``In the case of an individual who was
        described in the last sentence of paragraph (2)(A), as in
        effect before the amendment made by section 2(c)(1) of the
        Health Insurance For Life Act of 2006, for any month after the
        18th month of continuation coverage described in clause (i) or
        (ii) of such paragraph and in the case of an individual whose
        continuation coverage is only required under this part due to
        such amendment, any reference in subparagraph (A) of this
        paragraph to `102 percent' is deemed a reference to such
        percentage as the Secretary of Health and Human Services
        determines from time to time under the last sentence of section
        602(e) of the Employee Retirement Income Security Act of
        1974.''.
    (d) FEHBP.--
            (1) In general.--Subsection (e) of section 8905a of title
        5, United States Code, is amended to read as follows:
    ``(e) Continuation coverage under this section shall not extend
beyond the period of continuation required under section 602(2) of the
Employee Retirement Income Security Act of 1974 for a group health plan
covered under such section.''.
            (2) Increased premium permitted for additional coverage.--
        Section 8905a(d) of such title is amended--
                    (A) in paragraph (1)(A), by striking ``and (5)''
                and inserting ``, (5), and (6)'';
                    (B) in paragraph (4)(A), in the matter before
                clause (i), by inserting ``for periods of continuation
                coverage not resulting from the amendment made by
                section 2(d)(1) of the Health Insurance For Life Act of
                2006'' after ``National Nuclear Security
                Administration'';
                    (C) in paragraph (5)(A), in the matter before
                clause (i), by inserting ``for periods of continuation
                coverage not resulting from the amendment made by
                section 2(d)(1) of the Health Insurance For Life Act of
                2006'' after ``Atomic Energy Defense Act''; and
                    (D) by adding at the end the following new
                paragraph:
    ``(6) In the case of any period of continuation coverage under this
section resulting from the amendment made by section 2(d)(1) of the
Health Insurance For Life Act of 2006, the amount required to be paid
under this subsection shall be equal to a percentage (equal to such
percentage as the Secretary of Health and Human Services determines
from time to time under the last sentence of section 602(e) of the
Employee Retirement Income Security Act of 1974) applied to the amount
described in paragraph (1)(A)(i).''.
    (e) Effective Date.--
            (1) In general.--Subject to paragraph (2), the amendments
        made by subsections (a) through (c) shall apply with respect to
        group health plans, and health insurance coverage offered in
        connection with group health plans, for plan years beginning
        after the date of the enactment of this Act and the amendments
        made by subsection (d) shall apply to contract years beginning
        after the date of the enactment of this Act.
            (2)  Treatment of collective bargaining agreements.--In the
        case of a group health plan maintained pursuant to 1 or more
        collective bargaining agreements between employee
        representatives and 1 or more employers ratified before the
        date of enactment of this Act, the amendments made by
        subsections (a) through (c) shall not apply to plan years
        beginning before the later of--
                    (A) the date on which the last collective
                bargaining agreements relating to the plan terminates
                (determined without regard to any extension thereof
                agreed to after the date of enactment of this Act); or
                    (B) 2 years after the date of the enactment of this
                Act.
        For purposes of subparagraph (A), any plan amendment made
        pursuant to a collective bargaining agreement relating to the
        plan which amends the plan solely to conform to any requirement
        added by this section shall not be treated as a termination of
        such collective bargaining agreement.

Summary: Amends the Employee Retirement Income Security Act (ERISA), the Internal Revenue Code, and the Public Health Service Act to remove all limitations on Consolidated Omnibus Budget Reconciliation Act (COBRA) continuation coverage that establish a period by which such coverage must end, and instead provides no deadline for discontinuing such coverage. Sets forth a formula to determine the maximum allowable premium that certain qualified disabled beneficiaries and individuals receiving extended coverage provided pursuant to this Act may be charged based on the average monthly actuarial cost of such continuation coverage. Applies such provisions to continuation coverage provided pursuant to the Federal Employee Health Benefits Program (FEHBP).

To remove the 18 or 36 month limitation on the period of COBRA continuation coverage.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Alaska Native Veterans Land
Allotment Equity Act''.

SEC. 2. OPEN SEASON FOR CERTAIN ALASKA NATIVE VETERANS FOR ALLOTMENTS.

    Section 41 of the Alaska Native Claims Settlement Act (43 U.S.C.
1629g) is amended--
            (1) in subsection (a)--
                    (A) in the subsection heading, by striking ``In
                General'' and inserting ``Alaska Native Veteran
                Allotments'';
                    (B) by striking paragraphs (1) through (4) and
                inserting the following:
            ``(1) Allotments.--
                    ``(A) Eligible recipients.--Any person described in
                paragraph (1) or (2) of subsection (b) shall be
                eligible to receive an allotment under the Act of May
                17, 1906 (34 Stat. 197, chapter 2469), of not more than
                2 parcels of Federal land, the total area of which
                shall not exceed 160 acres.
                    ``(B) Filing deadline.--An allotment shall be filed
                for an eligible recipient not later than 3 years after
                the date on which the Secretary promulgates regulations
                pursuant to section 3 of the Alaska Native Veterans
                Land Allotment Equity Act.
            ``(2) Land available for allotments.--
                    ``(A) In general.--An allotment under this section
                shall be selected from land that is--
                            ``(i)(I) vacant; and
                            ``(II) owned by the United States;
                            ``(ii) selected by, or conveyed to, the
                        State of Alaska, if the State voluntarily
                        relinquishes or conveys to the United States
                        the land for the allotment; or
                            ``(iii) selected by, or conveyed to, a
                        Native Corporation, if the Native Corporation
                        voluntarily relinquishes or conveys to the
                        United States the land for the allotment.
                    ``(B) Relinquishment by native corporation.--If a
                Native Corporation relinquishes land under subparagraph
                (A)(iii), the Native Corporation may select appropriate
                Federal land, as determined by the Secretary, the area
                of which is equal to the area of the land relinquished
                by the Native Corporation, to replace the relinquished
                land.
                    ``(C) Exclusions.--An allotment under this section
                shall not be selected from land that is located
                within--
                            ``(i) a right-of-way of the TransAlaska
                        Pipeline; or
                            ``(ii) an inner or outer corridor of such a
                        right-of-way.
            ``(3) Alternative allotments.--A person described in
        paragraph (1) or (2) of subsection (b) who qualifies for an
        allotment under this section on land described in paragraph
        (2)(C) may select an alternative allotment from land that is--
                    ``(A) located within the boundaries land described
                in paragraph (2)(C); and
                    ``(B)(i)(I) withdrawn under section 11(a)(1)(C);
                and
                    ``(II) not selected, or relinquished after
                selection, under section 11(a)(3);
                    ``(ii) contiguous to an outer boundary of land
                withdrawn under section 11(a)(1)(C), unless that land
                is within a National Park; or
                    ``(iii) vacant, unappropriated, and unreserved.'';
                and
                    (C) by redesignating paragraphs (5) and (6) as
                paragraphs (4) and (5), respectively;
            (2) in subsection (b)--
                    (A) in paragraph (1), by striking subparagraph (B)
                and inserting the following:
            ``(B) is a veteran who served during the period beginning
        August 5, 1964, and ending May 7, 1975.'';
                    (B) by striking paragraph (2) and inserting the
                following:
            ``(2) Deceased individuals.--If an individual who would
        otherwise have been eligible for an allotment under this
        section dies before applying for an allotment, an heir of the
        individual may apply for, and receive, an allotment under this
        section, on behalf of the estate of the individual.'';
                    (C) in paragraph (3), by inserting before the
                period at the end the following: ``, other than an heir
                who applies for, and receives, an allotment on behalf
                of the estate of a deceased individual under paragraph
                (2).'';
            (3) by redesignating subsections (d) and (e) as subsections
        (f) and (g), respectively; and
            (4) by adding at the end the following:
    ``(d) Approval of Allotments.--
            ``(1) In general.--Subject to any valid right in existence
        on the date of enactment of the Alaska Native Veterans Land
        Allotment Equity Act, and except as provided in paragraph (3),
        not later than January 31, 2010, the Secretary shall--
                    ``(A) approve any application for an allotment
                filed in accordance with subsection (a); and
                    ``(B) issue a certificate of allotment under any
                term, condition, or restriction as the Secretary
                determines to be appropriate.
            ``(2) Notification.--Not later than October 31, 2007, on
        receipt of an application for an allotment under this section,
        the Secretary shall provide to any person or entity that has an
        interest in land described in subsection (a)(2) that is
        potentially adverse to the interest of the applicant notice of
        the right of the person or entity, not later than 90 days after
        the date of receipt of the notice--
                    ``(A) to initiate a private contest of the
                allotment; or
                    ``(B) to file a protest against the allotment in
                accordance with procedures established by the
                Secretary.
            ``(3) Action by secretary.--If a private contest or protest
        relating to an application for an allotment is initiated or
        filed under paragraph (2), the Secretary shall not issue a
        certificate to the allotment under paragraph (1)(B) until a
        final determination has been made with respect to the private
        contest or protest.
    ``(e) Reselection.--A person that selected an allotment under this
section may withdraw that selection and reselect land in accordance
with this section after the date of enactment of the Alaska Native
Veterans Land Allotment Equity Act, if the land originally selected--
            ``(1) was selected before the date of enactment of the
        Alaska Native Veterans Land Allotment Equity Act; and
            ``(2) as of the date of enactment of that Act, was not
        conveyed to the person.''.

SEC. 3. REGULATIONS.

    Not later than 1 year after the date of enactment of this Act, the
Secretary of the Interior shall promulgate final regulations to carry
out the amendments made by this Act.

Summary: Alaska Native Veterans Land Allotment Equity Act - Amends the Alaska Native Claims Settlement Act (ANCSA) with respect to the open season during which certain Alaska Native Vietnam veterans are eligible to file for allotments of up to two parcels of federal land totaling up to 160 acres. Ends such open season three years after regulations have been issued under this Act. Revises the requirements for selection of such allotments. Allows allotments to be selected from land that is selected by or conveyed to the State of Alaska or a Native Corporation if the State or Native Corporation voluntarily relinquishes or conveys to the United States the land for the allotment. Limits the prohibition against the conveyance of certain allotments to: (1) lands within the right-of-way granted for the TransAlaska Pipeline. Or (2) the inner or outer corridor of such right-of-way. Expands the eligibility for allotment to veterans who served between August 5, 1964, and May 7, 1975. Allows an heir to apply for and receive an allotment on behalf of the estate of a deceased eligible individual. Prescribes criteria for the approval of allotment applications. Permits any person who made an allotment selection under this Act to withdraw it and reselect land in accordance with this Act, if the land originally selected: (1) was selected before enactment of this Act. And (2) as of the enactment of this Act, was not conveyed to the person.

A bill to amend the Alaska Native Claims Settlement Act to provide for equitable allotment of land to Alaska Native veterans.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Free Speech Protection Act of
2008''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) The freedom of speech and the press is enshrined in the
        First Amendment to the United States Constitution.
            (2) Free speech, the free exchange of information, and the
        free expression of ideas and opinions are essential to the
        functioning of representative democracy in the United States.
            (3) The free expression and publication by journalists,
        academics, commentators, experts, and others of the information
        they uncover and develop through research and study is
        essential to the formation of sound public policy and thus to
        the security of Americans.
            (4) The First Amendment jurisprudence of the Supreme Court,
        articulated in such precedents as New York Times v. Sullivan,
        376 U.S. 254 (1964), and its progeny, reflects the fundamental
        value that Americans place on promoting the free exchange of
        ideas and information, requiring in cases involving public
        figures a demonstration of actual malice--that is, that
        allegedly defamatory, libelous, or slanderous statements about
        public figures are not merely false but made with knowledge of
        that falsity or with reckless disregard of their truth or
        falsity.
            (5) Some persons are obstructing the free expression rights
        of Americans, and the vital interest of the American people in
        receiving information on matters of public importance, by first
        seeking out foreign jurisdictions that do not provide the full
        extent of free-speech protection that is fundamental in the
        United States and then suing Americans in such jurisdictions in
        defamation actions based on speech uttered or published in the
        United States--speech that is fully protected under First
        Amendment jurisprudence in the United States and the laws of
        the several States and the District of Columbia.
            (6) Some of these actions are intended not only to suppress
        the free speech rights of journalists, academics, commentators,
        experts, and other individuals but to intimidate publishers and
        other organizations that might otherwise disseminate or support
        the work of those individuals with the threat of prohibitive
        foreign lawsuits, litigation expenses, and judgments that
        provide for money damages and other speech-suppressing relief.
            (7) The governments and courts of some foreign countries
        have failed to curtail this practice, permitting lawsuits filed
        by persons who are often not citizens of those countries, under
        circumstances where there is often little or no basis for
        jurisdiction over the Americans against whom such suits are
        brought.
            (8) Some of the plaintiffs bringing such suits are
        intentionally and strategically refraining from filing their
        suits in the United States, even though the speech at issue was
        published in the United States, in order to avoid the Supreme
        Court's First Amendment jurisprudence and frustrate the
        protections it affords Americans.
            (9) The Americans against whom such suits are brought must
        consequently endure the prohibitive expense, inconvenience, and
        anxiety attendant to being sued in foreign courts for conduct
        that is protected by the First Amendment, or decline to answer
        such suits and risk the entry of costly default judgments that
        may be executed in countries other than the United States where
        those individuals travel or own property.
            (10) Journalists, academics, commentators, experts, and
        others subjected to such suits are suffering concrete and
        profound financial and professional damage for engaging in
        conduct that is protected under the United States Constitution
        and essential to informing the American people, their
        representatives, and other policy-makers.
            (11) In turn, the American people are suffering concrete
        and profound harm because they, their representatives, and
        other government policymakers rely on the free expression of
        information, ideas, and opinions developed by responsible
        journalists, academics, commentators, experts, and others for
        the formulation of sound public policy, including national
        security policy.
            (12) The United States respects the sovereign right of
        other countries to enact their own laws regarding speech, and
        seeks only to protect the First Amendment rights of Americans
        in connection with speech that occurs, in whole or in part, in
        the United States.

SEC. 3. FEDERAL CAUSE OF ACTION.

    (a) Cause of Action.--Any United States person against whom a
lawsuit is brought in a foreign country for defamation on the basis of
the content of any writing, utterance, or other speech by that person
that has been published, uttered, or otherwise disseminated in the
United States may bring an action in a United States district court
specified in subsection (f) against any person who, or entity which,
brought the foreign suit if the writing, utterance, or other speech at
issue in the foreign lawsuit does not constitute defamation under
United States law.
    (b) Jurisdiction.--It shall be sufficient to establish jurisdiction
over the person or entity bringing a foreign lawsuit described in
subsection (a) that such person or entity has filed the lawsuit against
a United States person, or that such United States person has assets in
the United States against which the claimant in the foreign action
could execute if a judgment in the foreign lawsuit were awarded.
    (c) Remedies.--
            (1) Order to bar enforcement and other injunctive relief.--
        If the cause of action set forth in subsection (a) is
        established, the district court shall order that any foreign
        judgment in the foreign lawsuit in question may not be enforced
        in the United States, including by any Federal, State, or local
        court, and may order such other injunctive relief that the
        court considers appropriate to protect the right to free speech
        under the First Amendment to the United States Constitution.
            (2) Damages.--In addition to the remedy under paragraph
        (1), damages may be awarded to the United States person
        bringing the action under subsection (a), based on the
        following:
                    (A) The amount of the foreign judgment.
                    (B) The costs, including all legal fees,
                attributable to the foreign lawsuit that have been
                borne by the United States person.
                    (C) The harm caused to the United States person due
                to decreased opportunities to publish, conduct
                research, or generate funding.
    (d) Treble Damages.--If, in an action brought under subsection (a),
the factfinder determines by a preponderance of the evidence that the
person or entity bringing the foreign lawsuit at issue intentionally
engaged in a scheme to suppress First Amendment rights by discouraging
publishers or other media not to publish, or discouraging employers,
contractors, donors, sponsors, or similar financial supporters not to
employ, retain, or support, the research, writing, or other speech of a
journalist, academic, commentator, expert, or other individual, the
factfinder may award treble damages.
    (e) Expedited Discovery.--Upon the filing of an action under
subsection (a), the court may order expedited discovery if the court
determines, based on the allegations in the complaint, that the speech
at issue in the foreign defamation action is protected by the First
Amendment to the United States Constitution.
    (f) Venue.--An action under subsection (a) may be brought by a
United States person only in a United States district court in which
the United States person is domiciled, does business, or owns real
property that could be executed against in satisfaction of a judgment
in the foreign defamation lawsuit giving rise to the action.
    (g) Timing of Action; Statute of Limitations.--
            (1) Timing.--An action under subsection (a) may be
        commenced after the filing of the defamation lawsuit in a
        foreign country on which the action is based.
            (2) Statute of limitations.--For purposes of section
        1658(a) of title 28, United States Code, the cause of action
        under subsection (a) accrues on the date on which the
        defamation lawsuit in a foreign country on which the cause of
        action is based is filed.

SEC. 4. APPLICABILITY.

    This Act applies with respect to any foreign lawsuit that is
described in section 3(a) and is brought in the foreign country
concerned before, on, or after the date of the enactment of this Act.

SEC. 5. CONSTRUCTION.

    Nothing in this Act limits the right of foreign litigants who bring
good faith defamation actions to prevail against journalists,
academics, commentators, and others who have failed to adhere to
standards of professionalism by publishing false information
maliciously or recklessly.

SEC. 6. DEFINITIONS.

    In this Act:
            (1) Defamation.--The term ``defamation'' means any action
        for defamation, libel, slander, or similar claim alleging that
        forms of speech are false or have caused damage to reputation.
            (2) Foreign country.--The term ``foreign country'' means
        any country other than the United States.
            (3) Foreign judgment.--The term ``foreign judgment'' means
        any judgment of a foreign country, including the court system
        of a foreign country, that grants or denies any form of relief,
        including injunctive relief and monetary damages, in a
        defamation action.
            (4) United states.--The term ``United States'' means the
        several States, the District of Columbia, and any commonwealth,
        territory, or possession of the United States.
            (5) United states person.--The term ``United States
        person'' includes a United States citizen, an alien lawfully
        admitted for permanent residence to the United States, and a
        business entity lawfully doing business in the United States.

Summary: Free Speech Protection Act of 2008 - Allows any US person against whom a lawsuit for defamation is brought in a foreign country on the basis of the content of any speech by that person that has been published, uttered, or otherwise disseminated in the United States to bring an action in a US district court against any person who, or entity which, brought the suit, if the speech at issue in the foreign lawsuit does not constitute defamation under US law. Allows the award of treble damages if it is determined by a preponderance of the evidence that the person or entity bringing the foreign lawsuit intentionally engaged in a scheme to suppress rights under the First Amendment to the Constitution by discouraging publishers or other media from publishing, or by discouraging financial supporters from employing, retaining, or supporting the research, writing, or other speech of an individual.

To create a Federal cause of action to determine whether defamation exists under United States law in cases in which defamation actions have been brought in foreign courts against United States persons on the basis of publications or speech in the United States.


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 US 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. 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. 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. 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. 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. 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 ``Agricultural Market Promotion
Program Amendments Act of 1993''.

SEC. 2. MODIFICATIONS TO MARKET PROMOTION PROGRAM.

    (a) Small-Sized Commercial Entities and Medium-Sized Commercial
Entities That Are Beginning Exporters.--Section 203(c) of the
Agricultural Trade Act of 1978 (7 U.S.C. 5623(c)) is amended--
            (1) in paragraph (2), by striking ``in the case of an
        unfair trade practice'' and inserting ``in the case of--
                    ``(A) an unfair trade practice; or
                    ``(B) a small-sized commercial entity, or a medium-
                sized commercial entity, that is a beginning exporter,
                as determined by the Secretary.''; and
            (2) by adding at the end the following new paragraph:
            ``(3) Goal for small-sized commercial entities and medium-
        sized commercial entities that are beginning exporters.--In
        carrying out the program established under this section, the
        Secretary shall use, to the maximum extent practicable, at
        least 30 percent of the total funds available or 30 percent of
        the value of any commodities employed, as determined by the
        Secretary, for each of fiscal years 1994 and 1995 for program
        activities involving small-sized commercial entities, and
        medium-sized commercial entities, that are beginning
        exporters.''.
    (b) Branded Promotion.--Section 203(e)(4) of such Act is amended by
adding at the end the following new sentence: ``Assistance provided
under this paragraph may be used only for market promotion activities
that are in addition to activities for which a commercial entity
expends an amount during a year in a foreign country, in United States
dollars adjusted to reflect the latest Consumer Price Index for all-
urban consumers published by the Department of Labor, that is equal to
the dollar amount expended by the commercial entity (other than amounts
provided under this section) on all market promotion activities during
the preceding year in the foreign country.''.
    (c) Other Terms and Conditions.--Section 203(f) of such Act is
amended by adding at the end the following new paragraphs:
            ``(4) Independent audits.--In addition to an audit that is
        required by section 403, the Secretary shall require that, as a
        condition of eligibility for assistance under this section, a
        commercial entity that receives more than $50,000 a year in
        assistance under this section shall provide for an independent
        audit of program activities under this section during the year
        to determine whether the entity has complied with the
        requirements of this section.
            ``(5) Prohibition on assistance for tobacco.--No assistance
        under this section may be used for the development,
        maintenance, or expansion of a commercial export market for
        tobacco.
            ``(6) Definitions.--As used in this section:
                    ``(A) Commercial entity.--The term `commercial
                entity' means a cooperative or private organization
                that exports or promotes an agricultural commodity,
                including an entity that controls, is controlled by, or
                is under common control with such a cooperative or
                private organization.
                    ``(B) Medium-sized commercial entity.--The term
                `medium-sized commercial entity' means a commercial
                entity that employs not less than 51, nor more than
                500, individuals.
                    ``(C) Small-sized commercial entity.--The term
                `small-sized commercial entity' means a commercial
                entity that employs not more than 50 individuals.''.
    (d) Graduation.--Paragraph (2) of section 203(g) of such Act is
amended to read as follows:
            ``(2) Limitations.--
                    ``(A) Branded promotion.--
                            ``(i) In general.--Assistance provided
                        under this section to a commercial entity for
                        activities described in subsection (e)(4) that
                        are conducted in a foreign country--
                                    ``(I) during each year of the first
                                3-year period the commercial entity
                                receives assistance for the activities,
                                shall not exceed 50 percent of the cost
                                of implementing the marketing plan in
                                the country;
                                    ``(II) during the 4th year of the
                                period the commercial entity receives
                                assistance for the activities, shall
                                not exceed 33 percent of the cost of
                                implementing the marketing plan in the
                                country; and
                                    ``(III) during the 5th year of
                                period the commercial entity receives
                                assistance for the activities, shall
                                not exceed 17 percent of the cost of
                                implementing the marketing plan in the
                                country.
                            ``(ii) Maximum period.--Assistance provided
                        under this section to a commercial entity for
                        activities described in subsection (e)(4) that
                        are conducted in a foreign country shall not be
                        provided for more than 5 years.
                    ``(B) Generic promotion.--
                            ``(i) In general.--To be eligible for
                        assistance under this section (other than for
                        activities described in subsection (e)(4) or
                        clause (iii)), an eligible trade organization
                        shall contribute a larger share of the cost of
                        a marketing plan for a foreign country in each
                        year the organization conducts activities in
                        the country, as determined by the Secretary.
                            ``(ii) Maximum period.--The nonfederal
                        share shall be progressively increased in such
                        a manner that an eligible trade organization
                        shall not receive assistance under this section
                        in the country for more than 5 years.
                            ``(iii) Regional state-related trade
                        organizations.--Assistance may be provided
                        under this section for a period not to exceed 5
                        years for each agricultural commodity for which
                        an eligible regional State-related organization
                        has an approved marketing place for an
                        activity, other than for an activity described
                        in subsection (e)(4).
                    ``(C) Waiver.--The Secretary may waive the
                limitations described in subparagraphs (A) and (B) in
                the case of an agricultural commodity with respect to
                which there has been a favorable decision by the United
                States Trade Representative under section 301 of the
                Trade Act of 1974 (19 U.S.C. 2411). To grant waivers,
                the Secretary shall establish criteria that are
                consistent and documented.''.

SEC. 3. COOPERATOR FOREIGN MARKET DEVELOPMENT PROGRAM.

    Section 1126(b) of the Food Security Act of 1985 (7 U.S.C.
1736u(b)) is amended by striking ``shall be'' and inserting ``shall not
be''.

SEC. 4. EFFECTIVE DATE; REGULATIONS.

    (a) Effective Date.--This Act and the amendments made by this Act
shall become effective on the date of enactment of this Act.
    (b) Regulations.--Not later than 60 days after the date of
enactment of this Act, the Secretary of Agriculture shall issue
regulations to carry out this Act and the amendments made by this Act.

Summary: Agricultural Market Promotion Program Amendments Act of 1993 - Amends the Agricultural Trade Act of 1978 with regard to the agricultural market promotion program to: (1) give priority to, and obligate specified funds for, small and medium beginning exporters. (2) permit assistance for branded promotion only to supplement an entity's own promotional activities, (3) prohibit assistance for tobacco promotion. And (4) incrementally reduce and eliminate over a five-year period assistance for branded and generic promotion in a foreign country.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Liberian Refugee Immigration
Fairness Act of 2015''.

SEC. 2. ADJUSTMENT OF STATUS.

    (a) Adjustment of Status.--
            (1) In general.--
                    (A) Eligibility.--Except as provided under
                subparagraph (B), the Secretary of Homeland Security
                shall adjust the status of an alien described in
                subsection (b) to that of an alien lawfully admitted
                for permanent residence if the alien--
                            (i) applies for adjustment not later than 1
                        year after the date of the enactment of this
                        Act; and
                            (ii) is otherwise eligible to receive an
                        immigrant visa and admissible to the United
                        States for permanent residence, except that, in
                        determining such admissibility, the grounds for
                        inadmissibility specified in paragraphs (4),
                        (5), (6)(A), and (7)(A) of section 212(a) of
                        the Immigration and Nationality Act (8 U.S.C.
                        1182(a)) shall not apply.
                    (B) Ineligible aliens.--An alien shall not be
                eligible for adjustment of status under this section if
                the Secretary of Homeland Security determines that the
                alien--
                            (i) has been convicted of any aggravated
                        felony (as defined in section 101(a)(43) of the
                        Immigration and Nationality Act (8 U.S.C.
                        1101(a)(43));
                            (ii) has been convicted of 2 or more crimes
                        involving moral turpitude; or
                            (iii) has ordered, incited, assisted, or
                        otherwise participated in the persecution of
                        any person on account of race, religion,
                        nationality, membership in a particular social
                        group, or political opinion.
            (2) Relationship of application to certain orders.--
                    (A) In general.--An alien present in the United
                States who has been subject to an order of exclusion,
                deportation, or removal, or has been ordered to depart
                voluntarily from the United States under any provision
                of the Immigration and Nationality Act may,
                notwithstanding such order, apply for adjustment of
                status under paragraph (1) if otherwise qualified under
                such paragraph.
                    (B) Separate motion not required.--An alien
                described in subparagraph (A) may not be required, as a
                condition of submitting or granting such application,
                to file a separate motion to reopen, reconsider, or
                vacate the order described in subparagraph (A).
                    (C) Effect of decision by secretary.--If the
                Secretary of Homeland Security adjusts the status of an
                alien pursuant to an application under paragraph (1),
                the Secretary shall cancel the order described in
                subparagraph (A). If the Secretary of Homeland Security
                makes a final decision to deny such adjustment of
                status, the order shall be effective and enforceable to
                the same extent as if the application had not been
                made.
    (b) Aliens Eligible for Adjustment of Status.--
            (1) In general.--The benefits provided under subsection (a)
        shall apply to any alien--
                    (A) who is--
                            (i) a national of Liberia; and
                            (ii) has been continuously present in the
                        United States between January 1, 2013, and the
                        date on which the alien submits an application
                        under subsection (a); or
                    (B) who is the spouse, child, or unmarried son or
                daughter of an alien described in subparagraph (A).
            (2) Determination of continuous physical presence.--For
        purposes of establishing the period of continuous physical
        presence referred to in paragraph (1)(A)(ii), an alien shall
        not be considered to have failed to maintain continuous
        physical presence by reasons of an absence, or absences, from
        the United States for any period or periods amounting in the
        aggregate to not more than 180 days.
    (c) Stay of Removal.--
            (1) In general.--The Secretary of Homeland Security shall
        establish procedures, by regulation, through which an alien,
        who is subject to a final order of deportation, removal, or
        exclusion, may seek a stay of such order based upon the filing
        of an application under subsection (a).
            (2) During certain proceedings.--Notwithstanding any
        provision in the Immigration and Nationality Act (8 U.S.C. 1101
        et seq.), the Secretary of Homeland Security may not order an
        alien to be removed from the United States if the alien is in
        exclusion, deportation, or removal proceedings under any
        provision of such Act and has applied for adjustment of status
        under subsection (a) unless the Secretary of Homeland Security
        has made a final determination to deny the application.
            (3) Work authorization.--
                    (A) In general.--The Secretary of Homeland Security
                may--
                            (i) authorize an alien who has applied for
                        adjustment of status under subsection (a) to
                        engage in employment in the United States while
                        a determination regarding such application is
                        pending; and
                            (ii) provide the alien with an ``employment
                        authorized'' endorsement or other appropriate
                        document signifying authorization of
                        employment.
                    (B) Pending applications.--If an application for
                adjustment of status under subsection (a) is pending
                for a period exceeding 180 days and has not been
                denied, the Secretary of Homeland Security shall
                authorize such employment.
    (d) Record of Permanent Residence.--Upon the approval of an alien's
application for adjustment of status under subsection (a), the
Secretary of Homeland Security shall establish a record of the alien's
admission for permanent residence as of the date of the alien's arrival
in the United States.
    (e) Availability of Administrative Review.--The Secretary of
Homeland Security shall provide to applicants for adjustment of status
under subsection (a) the same right to, and procedures for,
administrative review as are provided to--
            (1) applicants for adjustment of status under section 245
        of the Immigration and Nationality Act (8 U.S.C. 1255); and
            (2) aliens subject to removal proceedings under section 240
        of such Act (8 U.S.C. 1229a).
    (f) Limitation on Judicial Review.--A determination by the
Secretary of Homeland Security regarding the adjustment of status of
any alien under this section is final and shall not be subject to
review by any court.
    (g) No Offset in Number of Visas Available.--If an alien is granted
the status of having been lawfully admitted for permanent residence
pursuant to this section, the Secretary of State shall not be required
to reduce the number of immigrant visas authorized to be issued under
any provision of the Immigration and Nationality Act (8 U.S.C. 1101 et
seq.).
    (h) Application of Immigration and Nationality Act Provisions.--
            (1) Definitions.--Except as otherwise specifically provided
        in this Act, the definitions contained in the Immigration and
        Nationality Act (8 U.S.C. 1101 et seq.) shall apply in this
        section.
            (2) Savings provision.--Nothing in this Act may be
        construed to repeal, amend, alter, modify, effect, or restrict
        the powers, duties, function, or authority of the Secretary of
        Homeland Security in the administration and enforcement of the
        Immigration and Nationality Act or any other law relating to
        immigration, nationality, or naturalization.
            (3) Effect of eligibility for adjustment of status.--
        Eligibility to be granted the status of having been lawfully
        admitted for permanent residence under this section shall not
        preclude an alien from seeking any status under any other
        provision of law for which the alien may otherwise be eligible.

Summary: Liberian Refugee Immigration Fairness Act of 2015 This bill directs the Department of Homeland Security to adjust to permanent resident status a qualifying Liberian national who: (1) has been continuously present in the United States between January 1, 2013, through the date of status adjustment application. Or (2) is the spouse, child, or unmarried son or daughter of such an alien. Adjustment applications must be filed not later than one year after the date of enactment of this bill.