Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Gulf Coast Small Business Recovery
Act''.

SEC. 2. PRIORITY FOR SMALL BUSINESS CONCERNS IN PROCUREMENT RELATED TO
              HURRICANE KATRINA AND HURRICANE RITA.

    (a) Priority for Gulf Hurricane Disaster-Affected Businesses.--
Notwithstanding any other provision of law, for any contract for the
procurement of goods or services related to any damage caused as a
result of Hurricane Katrina or Hurricane Rita or any reconstruction
related to such damage, the head of a Federal department or agency
shall give priority to a business concern that as of August 28, 2005,
had a significant presence in a Gulf hurricane disaster-affected area.
    (b) Contract Requirement.--
            (1) Small business participation.--For the procurement of
        goods and services related to any damage caused as a result of
        Hurricane Katrina or Hurricane Rita or any reconstruction
        related to such damage, the head of a Federal department or
        agency shall award not less than 30 percent of amounts expended
        for prime contracts and not less than 40 percent of amounts
        expended for subcontracts on procurements to small business
        concerns that as of August 28, 2005, had a significant presence
        in a Gulf hurricane disaster-affected area.
            (2) Opportunities for small businesses.--In carrying out
        paragraph (1), the head of a Federal department or agency shall
        provide the maximum practicable opportunity for small
        businesses participation.
            (3) Compliance with subcontracting goals.--In carrying out
        paragraph (1), the head of a Federal department or agency shall
        ensure that a contract complies with the subcontracting goals
        for small business concerns under the Small Business Act (15
        U.S.C. 631 et seq.) and Federal Acquisition Regulations.
            (4) Report.--Not later than 2 years after the date of the
        enactment of this Act, the Administrator of the Small Business
        Administration shall submit to Congress a report describing the
        opportunities provided for small business concerns under this
        subsection.
            (5) Termination.--This subsection shall terminate on the
        date that is one day after the date on which all Federal
        Disaster Declaration notices for Gulf hurricane disaster-
        affected areas are lifted.

SEC. 3. TREATMENT OF GULF HURRICANE DISASTER-AFFECTED SMALL BUSINESS
              CONCERNS FOR PURPOSES OF HUBZONE PROGRAM.

    (a) Treatment of Gulf Hurricane Disaster-Affected Small Business
Concerns.--Notwithstanding any other provision of law, a Gulf hurricane
disaster-affected small business concern shall be treated as if it were
located in a HUBZone for purposes of the program under section 31 of
the Small Business Act (15 U.S.C. 657a).
    (b) Applicability.--Subsection (a) shall apply with respect to a
Gulf hurricane disaster-affected small business concern during the
period for which a Federal Disaster Declaration applies for the county
in which such small business concern was located as of August 28, 2005.

SEC. 4. PROHIBITION ON PERMANENT RELOCATION OF FEDERAL FACILITIES FROM
              GULF HURRICANE DISASTER-AFFECTED AREAS.

    (a) Prohibition.--Notwithstanding any other provision of law, no
facility of the Federal Government shall be permanently relocated from
a location in a Gulf hurricane disaster-affected area to a location
outside that area.
    (b) Termination.--Subsection (a) shall terminate upon the
expiration of the two-year period that begins on the date of the
enactment of this Act.
    (c) Reports Required.--In the case of a facility of a department of
agency of the Federal Government that is temporarily relocated for a
period of longer than 6 months, the head of that department or agency
shall submit to the House Committee on Government Reform and the Senate
Committee on Homeland Security and Government Affairs, the following
reports:
            (1) A report to be submitted not later than 6 months after
        the date on which this section takes effect on the status of
        the temporary relocation of the facility from a location in a
        Gulf hurricane disaster-affected area to a location outside
        that area.
            (2) Additional reports on such status to be submitted every
        6 months thereafter for the duration of the period during which
        such facility is temporarily relocated.

SEC. 5. DEFINITIONS.

    (a) Gulf Hurricane Disaster-Affected Small Business Concern.--For
purposes of this Act, the term ``Gulf hurricane disaster-affected small
business concern'' means a small business concern that as of August 28,
2005, was located in a Gulf hurricane-affected area.
    (b) Gulf Hurricane Disaster.--For purposes of this Act, the term
``Gulf hurricane disaster'' means an event caused by Hurricane Katrina
or Hurricane Rita that is declared to be a major disaster by the
President in accordance with section 401 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170).
    (c) Gulf Hurricane Disaster-Affected Area.--For purposes of this
Act, the term ``Gulf hurricane disaster-affected area'' means a county
or parish in the State of Louisiana, Mississippi, Alabama, or Texas
that has been designated by the Federal Emergency Management Agency for
disaster assistance for individuals and households by reason of
Hurricane Katrina or Hurricane Rita.
    (d) Small Business Concern.--For purposes of this Act, the term
``small business concern'' has the meaning given that term under
section 3 of the Small Business Act (15 U.S.C. 632).

SEC. 6. EFFECTIVE DATE.

    This Act shall take effect on the date that is 10 days after the
date of the enactment of this Act.

Output:
Gulf Coast Small Business Recovery Act - Requires, for any contract for the procurement of goods or services related to any damage caused as a result of Hurricane Katrina or Rita, or any reconstruction related to such damage, a federal agency to give priority to a business that as of August 28, 2005, had a significant presence in a Gulf hurricane disaster-affected area. Requires an agency to award not less than 30 percent of amounts expended for prime contracts, and not less than 40 percent of amounts expended for subcontracts, on procurements to small businesses that, as of such date, had such a presence. Requires an agency to provide the maximum practicable opportunity for small business participation in all such contracts and subcontracts.

Requires a Gulf hurricane disaster-affected small business to be treated as if it were located in a HUBZone (heavily underutilized business zone) for purposes of favorable loan status under the Small Business Act.

Prohibits, until two years after the enactment of this Act, any federal government facility from being permanently relocated from a location in a Gulf hurricane disaster-affected area to a location outside that area.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Small Business Administration
Franchise Loan Transparency Act of 2015''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--Congress makes the following findings:
            (1) Franchise businesses represent a large and growing
        segment of the retail and service businesses of the United
        States and are rapidly replacing more traditional forms of
        small business ownership in the economy of the United States.
            (2) The Small Business Administration (SBA) guarantees much
        of the financing available in franchising.
            (3) The SBA requires pro forma projections, including
        projected revenue, for the first year of operations of a
        franchise as part of the standard operating requirements for a
        franchisee to qualify for financing.
            (4) On July 13, 2011, the SBA Office of Inspector General
        published an audit (Report No. 11-16) on loans made under
        section 7(a) of the Small Business Act to Huntington Learning
        Center franchises where first year revenue projections were all
        significantly inflated.
            (5) On July 2, 2013, the SBA Office of Inspector General
        published an audit evaluation (Report No. 13-17) showing that
        the SBA needed to improve the management of its 7(a) loan
        portfolio risk, specifically with certain franchise brands that
        had exceptionally high default rates that continued to receive
        guaranteed loans from the SBA.
            (6) In September 2013, the Government Accountability Office
        published a study (GAO-13-759) showing that over the 10-year
        period from 2003 to 2012, 28 percent of 7(a) loans to
        franchises required a guarantee payment. The study was based on
        32,323 loans totaling $10.6 billion, which required $1.5
        billion in guarantee payments. The report specifically stated,
        ``Potential franchisees should include first-year revenue
        estimates in their SBA loan applications. However, this
        information is not necessarily available to potential
        franchisees in the franchise organization's disclosure
        document.''.
            (7) Franchise companies most often collect royalties based
        on gross revenue; therefore, revenue data on each franchise
        outlet are readily available.
            (8) While both the franchisor and the lender profit as a
        result of the SBA financing, only the franchisee bears the
        total liability for the loan.
    (b) Purpose.--It is the purpose of this Act to--
            (1) ensure transparency in the loan processes of the Small
        Business Administration, so that the franchisee borrower, the
        lender, and the Administration all have access to information
        that is key to the lending process;
            (2) remove any hidden discussions between the franchisor
        and the lender on financial data critical to the loan approval
        process;
            (3) lower the fees and rates charged to franchisee
        borrowers; and
            (4) help ensure lower default rates in order to make more
        money available for loans.

SEC. 3. REQUIRED DISCLOSURES.

    (a) In General.--A franchisor, except for a franchisor of a
franchise in the lodging industry, shall disclose in the required
Federal Trade Commission disclosure document, the following:
            (1) The average first-year revenue of each specific
        location of the franchise for each of the preceding five years
        of operation.
            (2) The number of franchise locations that went out of
        business or were sold by the franchisee during the first year
        of operation for each of the preceding five years.
            (3) Average revenues for all locations of the franchise for
        each of the preceding five years of operation, aggregated to
        show the top 25 percent, middle 50 percent, and the bottom 25
        percent of revenue.
    (b) Disclosure to Prospective Franchisee.--Any financial
information relating to the performance of any location of a franchise
that is provided by the franchisor, or its representatives, to the
lender for the purpose of qualifying the loan, shall be disclosed to
the prospective franchisee borrower.

SEC. 4. DEFINITIONS.

    For purposes of this Act, the following definitions apply:
            (1) The term ``disclosure document'' means the disclosure
        statement required by the Federal Trade Commission in Trade
        Regulation Rule 436 (16 Fed. Reg. 436).
            (2) The terms ``franchise'', ``franchisee'', and
        ``franchisor'' have the meanings given such terms in section
        436.1 of title 16 of the Code of Federal Regulations as in
        effect on July 1, 2007.

SEC. 5. SEVERABILITY.

    If any provision of this Act or any application of this Act to any
person or circumstance is held invalid, the remainder of this Act and
its application to any person or circumstance shall not be affected
thereby.

Output: Small Business Administration Franchise Loan Transparency Act of 2015 This bill requires a franchisor, except one with a franchise in the lodging industry, to disclose in the required Federal Trade Commission disclosure document:  the average first-year revenue of each specific location of the franchise for each of the preceding five years of operation; the number of franchise locations that went out of business or were sold by the franchisee during the first year of operation for each such period; and the average revenues for all locations of the franchise for each such period, aggregated to show the top 25%, middle 50%, and the bottom 25% of revenue.   Any financial information relating to the performance of any franchise's location provided by the franchisor, or its representatives, to the lender for the purpose of qualifying the loan, must be disclosed to the prospective franchisee borrower.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Morris K. Udall Parkinson's
Research, Assistance, and Education Act of 1995''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds the following:
            (1) Parkinson's disease and related disorders (hereafter
        referred to in this Act as ``Parkinson's'') is a neurological
        disorder affecting as many as 1,500,000 Americans.
            (2) Approximately 40 percent of persons with Parkinson's
        are under the age of 60.
            (3) While science has yet to determine what causes the
        disease, research has found that cells that produce a
        neurochemical called dopamine inexplicably degenerate, causing
        uncontrollable tremors, muscle stiffness, and loss of motor
        function.
            (4) Eventually, Parkinson's renders the afflicted
        individuals incapable of caring for themselves. In addition to
        causing disability and suffering for the afflicted individuals,
        Parkinson's places tremendous and prolonged physical,
        emotional, and financial strain on family and loved ones.
            (5) It is estimated that the disease costs society nearly
        $6,000,000,000 annually.
            (6) To date, the federally funded research effort has been
        grossly underfunded. Only $26,000,000 is allocated specifically
        for research on Parkinson's, or only about one dollar for every
        $200 in annual societal costs.
            (7) In order to take full advantage of the tremendous
        potential for finding a cure or effective treatment, the
        Federal investment in Parkinson's must be expanded, as well as
        the coordination strengthened among the National Institutes of
        Health research institutes.
    (b) Purpose.--It is the purpose of this Act to provide for the
expansion and coordination of research concerning Parkinson's, and to
improve care and assistance for afflicted individuals and their family
caregivers.

SEC. 3. BIOMEDICAL RESEARCH ON PARKINSON'S DISEASE.

    Part B of title IV of the Public Health Service Act (42 U.S.C. 284
et seq.) is amended by adding at the end the following section:

                         ``parkinson's disease

    ``Sec. 409B. (a) In General.--The Director of NIH shall establish a
program for the conduct and support of research and training, the
dissemination of health information, and other programs with respect to
Parkinson's disease.
    ``(b) Interagency Coordinating Committee.--
            ``(1) In general.--The Director of NIH shall establish a
        committee to be known as the Interagency Coordinating Committee
        on Parkinson's Disease (in this subsection referred to as the
        `Coordinating Committee').
            ``(2) Duties.--With respect to Parkinson's, the
        Coordinating Committee shall--
                    ``(A) provide for the coordination of the
                activities of the national research institutes; and
                    ``(B) coordinate the aspects of all Federal health
                programs and activities relating to Parkinson's in
                order to assure the adequacy, effectiveness, and
                technical soundness of such programs and activities and
                in order to provide for the full communication and
                exchange of information necessary to maintain adequate
                coordination of such programs and activities.
            ``(3) Composition.--The Coordinating Committee shall be
        composed of--
                    ``(A) the directors of each of the national
                research institutes and other agencies involved in
                research with respect to Parkinson's;
                    ``(B) one representative of the relevant Federal
                departments and agencies whose programs involve health
                functions or responsibilities relevant to such disease;
                    ``(C) individuals with the disease and individuals
                who have a family history with the disease; and
                    ``(D) health professionals or allied health
                professionals.
            ``(4) Chair.--The Coordinating Committee shall be chaired
        by the Director of NIH (or the designee of the Director). The
        Committee shall meet at the call of the chair, but not less
        often than once each year.
            ``(5) Annual report.--Not later than 120 days after the end
        of each fiscal year, the Coordinating Committee shall prepare
        and submit to the Secretary, the Director of NIH, and the
        directors specified in paragraph (3)(A) a report detailing the
        activities of the Committee in such fiscal year in carrying out
        paragraph (2).
    ``(c) Morris K. Udall Research Centers.--
            ``(1) In general.--The Director of NIH shall award Core
        Center Grants to encourage the development of innovative
        multidisciplinary research and provide training concerning
        Parkinson's. The Director shall award not more than 10 Core
        Center Grants and designate each center funded under such
grants as a Morris K. Udall Center for Research on Parkinson's Disease.
            ``(2) Requirements.--
                    ``(A) In general.--With respect to Parkinson's,
                each center assisted under this subsection shall--
                            ``(i) use the facilities of a single
                        institution or a consortium of cooperating
                        institutions, and meet such qualifications as
                        may be prescribed by the Director of the NIH;
                        and
                            ``(ii) conduct basic and clinical research
                        and provide patient care services.
                    ``(B) Discretionary requirements.--With respect to
                Parkinson's, each center assisted under this subsection
                may--
                            ``(i) conduct training programs for
                        scientists and health professionals;
                            ``(ii) conduct programs to provide
                        information and continuing education to health
                        professionals;
                            ``(iii) conduct programs for the
                        dissemination of information to the public; and
                            ``(iv) develop and maintain, where
                        appropriate, a brain bank to collect specimens
                        related to the research and treatment of
                        Parkinson's.
            ``(3) Stipends regarding training programs.--A center may
        use funds provided under paragraph (1) to provide stipends for
        scientists and health professionals enrolled in training
        programs under paragraph (2)(C).
            ``(4) Duration of support.--Support of a center under this
        subsection may be for a period not exceeding five years. Such
        period may be extended by the Director of NIH for one or more
        additional periods of not more than five years if the
        operations of such center have been reviewed by an appropriate
        technical and scientific peer review group established by the
        Director and if such group has recommended to the Director that
        such period should be extended.
    ``(d) Data System; Information Clearinghouse.--
            ``(1) Data system.--The Director of NIH shall establish the
        National Parkinson's Disease Data System for the collection,
        storage, analysis, retrieval, and dissemination of data derived
        from patient populations with such disease, including, where
        possible, data involving general populations for the purpose of
        detection of individuals with a risk of developing the disease.
            ``(2) Information clearinghouse.--The Director of NIH shall
        establish the National Parkinson's Disease Information
        Clearinghouse to facilitate and enhance knowledge and
        understanding of such disease on the part of health
        professionals, patients, and the public through the effective
        dissemination of information.
    ``(e) Morris K. Udall Leadership and Excellence Awards.--The
Director of NIH shall establish a grant program to support scientists
who have distinguished themselves in the field of Parkinson's research.
Grants under this subsection shall be utilized to enable established
investigators to devote greater time and resources in laboratories to
conduct research on Parkinson's and to encourage the development of a
new generation of investigators, with the support and guidance of the
most productive and innovative senior researchers.
    ``(f) National Parkinson's Disease Education Program.--The Director
of NIH shall establish a national education program that is designed to
foster a national focus on Parkinson's and the care of those with
Parkinson's. Activities under such program shall include--
            ``(1) the bringing together of public and private
        organizations to develop better ways to provide care to
        individuals with Parkinson's, and assist the families of such
        individuals; and
            ``(2) the provision of technical assistance to public and
        private organizations that offer support and aid to individuals
        with Parkinson's and their families.
    ``(g) Authorization of Appropriations.--
            ``(1) In general.--For the purpose of carrying out this
        section, there are authorized to be appropriated $100,000,000
        for fiscal year 1996, and such sums as may be necessary for
        each of the fiscal years 1997 through 2000.
            ``(2) Availability.--Of the amount appropriated under
        paragraph (1), the Secretary shall make available not to exceed
        $10,000,000 for fiscal year 1996, and such sums as may be
        necessary for each of the fiscal years 1997 through 2000, to
        establish Morris K. Udall Centers under subsection (c).''.

Output: Morris K. Udall Parkinson's Research, Assistance, and Education Act of 1995 - Amends the Public Health Service Act to mandate a program for the conduct and support of research and training, the dissemination of health information, and other programs regarding Parkinson's disease.  Establishes the Interagency Coordinating Committee on Parkinson's Disease.  Requires Core Center Grants to encourage the development of innovative multidisciplinary research and provide training concerning Parkinson's, designating each grant recipient as a Morris K. Udall Center for Research on Parkinson's Disease.  Authorizes establishment of the National Parkinson's Disease Data System to collect, store, analyze, retrieve, and disseminate data.  Establishes: (1) the National Parkinson's Disease Information Clearinghouse; (2) a grant program to support scientists who have distinguished themselves in Parkinson's research; and (3) a national education program to foster a national focus on Parkinson's and the care of those with Parkinson's.  Authorizes appropriations.


Input:
SECTION 1. SHORT TITLE.

    (a) Short Title.--This Act may be cited as the ``Trademark Dilution
Revision Act of 2006''.
    (b) References.--Any reference in this Act to the Trademark Act of
1946 shall be a reference to the Act entitled ``An Act to provide for
the registration and protection of trademarks used in commerce, to
carry out the provisions of certain international conventions, and for
other purposes'', approved July 5, 1946 (15 U.S.C. 1051 et seq.).

SEC. 2. DILUTION BY BLURRING; DILUTION BY TARNISHMENT.

    Section 43 of the Trademark Act of 1946 (15 U.S.C. 1125) is
amended--
        (1) by striking subsection (c) and inserting the following:
    ``(c) Dilution by Blurring; Dilution by Tarnishment.--
        ``(1) Injunctive relief.--Subject to the principles of equity,
    the owner of a famous mark that is distinctive, inherently or
    through acquired distinctiveness, shall be entitled to an
    injunction against another person who, at any time after the
    owner's mark has become famous, commences use of a mark or trade
    name in commerce that is likely to cause dilution by blurring or
    dilution by tarnishment of the famous mark, regardless of the
    presence or absence of actual or likely confusion, of competition,
    or of actual economic injury.
        ``(2) Definitions.--(A) For purposes of paragraph (1), a mark
    is famous if it is widely recognized by the general consuming
    public of the United States as a designation of source of the goods
    or services of the mark's owner. In determining whether a mark
    possesses the requisite degree of recognition, the court may
    consider all relevant factors, including the following:
            ``(i) The duration, extent, and geographic reach of
        advertising and publicity of the mark, whether advertised or
        publicized by the owner or third parties.
            ``(ii) The amount, volume, and geographic extent of sales
        of goods or services offered under the mark.
            ``(iii) The extent of actual recognition of the mark.
            ``(iv) Whether the mark was registered under the Act of
        March 3, 1881, or the Act of February 20, 1905, or on the
        principal register.
        ``(B) For purposes of paragraph (1), `dilution by blurring' is
    association arising from the similarity between a mark or trade
    name and a famous mark that impairs the distinctiveness of the
    famous mark. In determining whether a mark or trade name is likely
    to cause dilution by blurring, the court may consider all relevant
    factors, including the following:
            ``(i) The degree of similarity between the mark or trade
        name and the famous mark.
            ``(ii) The degree of inherent or acquired distinctiveness
        of the famous mark.
            ``(iii) The extent to which the owner of the famous mark is
        engaging in substantially exclusive use of the mark.
            ``(iv) The degree of recognition of the famous mark.
            ``(v) Whether the user of the mark or trade name intended
        to create an association with the famous mark.
            ``(vi) Any actual association between the mark or trade
        name and the famous mark.
        ``(C) For purposes of paragraph (1), `dilution by tarnishment'
    is association arising from the similarity between a mark or trade
    name and a famous mark that harms the reputation of the famous
    mark.
        ``(3) Exclusions.--The following shall not be actionable as
    dilution by blurring or dilution by tarnishment under this
    subsection:
            ``(A) Any fair use, including a nominative or descriptive
        fair use, or facilitation of such fair use, of a famous mark by
        another person other than as a designation of source for the
        person's own goods or services, including use in connection
        with--
                ``(i) advertising or promotion that permits consumers
            to compare goods or services; or
                ``(ii) identifying and parodying, criticizing, or
            commenting upon the famous mark owner or the goods or
            services of the famous mark owner.
            ``(B) All forms of news reporting and news commentary.
            ``(C) Any noncommercial use of a mark.
        ``(4) Burden of proof.--In a civil action for trade dress
    dilution under this Act for trade dress not registered on the
    principal register, the person who asserts trade dress protection
    has the burden of proving that--
            ``(A) the claimed trade dress, taken as a whole, is not
        functional and is famous; and
            ``(B) if the claimed trade dress includes any mark or marks
        registered on the principal register, the unregistered matter,
        taken as a whole, is famous separate and apart from any fame of
        such registered marks.
        ``(5) Additional remedies.--In an action brought under this
    subsection, the owner of the famous mark shall be entitled to
    injunctive relief as set forth in section 34. The owner of the
    famous mark shall also be entitled to the remedies set forth in
    sections 35(a) and 36, subject to the discretion of the court and
    the principles of equity if--
            ``(A) the mark or trade name that is likely to cause
        dilution by blurring or dilution by tarnishment was first used
        in commerce by the person against whom the injunction is sought
        after the date of enactment of the Trademark Dilution Revision
        Act of 2006; and
            ``(B) in a claim arising under this subsection--
                ``(i) by reason of dilution by blurring, the person
            against whom the injunction is sought willfully intended to
            trade on the recognition of the famous mark; or
                ``(ii) by reason of dilution by tarnishment, the person
            against whom the injunction is sought willfully intended to
            harm the reputation of the famous mark.
        ``(6) Ownership of valid registration a complete bar to
    action.--The ownership by a person of a valid registration under
    the Act of March 3, 1881, or the Act of February 20, 1905, or on
    the principal register under this Act shall be a complete bar to an
    action against that person, with respect to that mark, that--
            ``(A)(i) is brought by another person under the common law
        or a statute of a State; and
            ``(ii) seeks to prevent dilution by blurring or dilution by
        tarnishment; or
            ``(B) asserts any claim of actual or likely damage or harm
        to the distinctiveness or reputation of a mark, label, or form
        of advertisement.
        ``(7) Savings clause.--Nothing in this subsection shall be
    construed to impair, modify, or supersede the applicability of the
    patent laws of the United States.''; and
        (2) in subsection (d)(1)(B)(i)(IX), by striking ``(c)(1) of
    section 43'' and inserting ``(c)''.

SEC. 3. CONFORMING AMENDMENTS.

    (a) Marks Registrable on the Principal Register.--Section 2(f) of
the Trademark Act of 1946 (15 U.S.C. 1052(f)) is amended--
        (1) by striking the last two sentences; and
        (2) by adding at the end the following: ``A mark which would be
    likely to cause dilution by blurring or dilution by tarnishment
    under section 43(c), may be refused registration only pursuant to a
    proceeding brought under section 13. A registration for a mark
    which would be likely to cause dilution by blurring or dilution by
    tarnishment under section 43(c), may be canceled pursuant to a
    proceeding brought under either section 14 or section 24.''.
    (b) Opposition.--Section 13(a) of the Trademark Act of 1946 (15
U.S.C. 1063(a)) is amended in the first sentence by striking ``as a
result of dilution'' and inserting ``the registration of any mark which
would be likely to cause dilution by blurring or dilution by
tarnishment''.
    (c) Cancellation.--Section 14 of the Trademark Act of 1946 (15
U.S.C. 1064) is amended, in the matter preceding paragraph (1) by
striking ``, including as a result of dilution under section 43(c),''
and inserting ``, including as a result of a likelihood of dilution by
blurring or dilution by tarnishment under section 43(c),''.
    (d) Marks for the Supplemental Register.--The second sentence of
section 24 of the Trademark Act of 1946 (15 U.S.C. 1092) is amended to
read as follows:
``Whenever any person believes that such person is or will be damaged
by the registration of a mark on the supplemental register--
        ``(1) for which the effective filing date is after the date on
    which such person's mark became famous and which would be likely to
    cause dilution by blurring or dilution by tarnishment under section
    43(c); or
        ``(2) on grounds other than dilution by blurring or dilution by
    tarnishment, such person may at any time, upon payment of the
    prescribed fee and the filing of a petition stating the ground
    therefor, apply to the Director to cancel such registration.''.
    (e) Definitions.--Section 45 of the Trademark Act of 1946 (15
U.S.C. 1127) is amended by striking the definition relating to the term
``dilution''.

                               Speaker of the House of Representatives.

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

Output:
Trademark Dilution Revision Act of 2006 - Amends the Trademark Act of 1946 to revise provisions relating to trademark dilution.

Entitles an owner of a famous mark that is distinctive to an injunction against another person who commences use of a mark of trade name, after it has become famous, in commerce in a manner that is likely to cause dilution by blurring or tarnishment, regardless of the presence or absence of actual or likely confusion, competition, or actual economic injury.

Defines a mark as famous if it is widely recognized by the general consuming public as a designation of the source of the goods or services of the mark's owner. Allows the court to consider all relevant factors when determining whether a mark is famous, including: (1) the duration, extent, and geographic reach of advertising and publicity of the mark; (2) the amount, volume, and geographic extent of sales of goods or services offered under the mark; (3) the extent of actual recognition of the mark; and (4) whether the mark was registered under the Act of March 3, 1881, or the Act of February 20, 1905, or on the principal register.

Defines "dilution by blurring" as an association arising from the similarity between a mark or trade name and a famous mark that impairs the distinctiveness of the famous mark. Allows the court to consider all relevant factors when determining whether a mark or trade name is likely to cause dilution by blurring, including: (1) the degree of similarity; (2) the degree of inherent or acquired distinctiveness of the famous mark; (3) the extent to which the owner of the famous mark is engaging in substantially exclusive use of the mark; (4) the degree of recognition of the famous mark; (5) whether the user of the mark or trade name intended to create an association with the famous mark; and (6) any actual association between the mark or trade name and the famous mark.

Defines "dilution by tarnishment" as an association arising from the similarity between a mark or trade name and a famous mark that harms the reputation of the famous mark.

Declares that certain acts are not actionable as dilution by blurring or tarnishment, including: (1) any fair use of a famous mark by another person other than as a designation of source for the person's own goods or services, including for advertising or promotion that permits consumers to compare goods or services, or identifying and parodying, criticizing, or commenting upon the famous mark owner or the owner's goods or services; (2) all forms of news reporting and news commentary; and (3) any noncommercial use of a mark.

Requires the person who asserts trade dress protection for trade dress not registered on the principal register in a civil action for trade dress dilution to prove that: (1) the claimed trade dress, taken as a whole, is not functional and is famous; and (2) if the claimed trade dress includes any mark or marks registered on the principal register, the unregistered matter, taken as a whole, is famous separate and apart from any fame of such registered marks.

Allows the owner of a famous mark to seek additional remedies in an action under this Act if the person against whom the injunction is sought: (1) first used the mark or trade name in commerce after the date of enactment of this Act; (2) willfully intended to trade on the recognition of the famous mark; or (3) willfully intended to harm the reputation of the famous mark.

Declares that ownership of a valid registration is a complete bar to an action under state common law or statute that seeks to prevent dilution by blurring or tarnishment or that asserts any claim of actual or likely damage or harm to the distinctiveness or reputation of a mark, label, or form of advertisement.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Telecommunications Competition
Enforcement Act of 1999''.

SEC. 2. FINDINGS.

    The Congress finds:
            (1) The Telecommunications Act of 1996 put in place the
        proper framework to achieve competition in local
        telecommunications markets.
            (2) The Telecommunications Act of 1996 required that all
        incumbent local exchange carriers open their markets to
        competition by interconnecting with and providing network
        access to new entrants, a process to be overseen by Federal and
        State regulators.
            (3) To increase the incentives of the Bell operating
        companies to open their local networks to competition, the
        Telecommunications Act of 1996 allows the Bell operating
        companies to provide interLATA long distance service in their
        service region only after opening their local networks to
        competition.
            (4) While significant progress has been made in opening
        local telecommunications markets, 3 years after passage of the
        Act, not a single Bell operating company has opened its network
        to competition as required by the Telecommunications Act of
        1996.
            (5) It is apparent that the incumbent local exchange
        carriers do not have adequate incentives to cooperate in this
        process and that regulators have not exercised their
        enforcement authority to require compliance.
            (6) By improving mandatory penalties on Bell operating
        companies and incumbent telephone companies that have not
        opened their network to competition, there will be greater
        assurance that local telecommunications markets will be opened
        more expeditiously and, as a result, American consumers will
        obtain the full benefits of competition.

SEC. 3. PURPOSE.

    The purpose of this Act is to impose penalties on telephone
companies that have not complied with the Telecommunications Act of
1996 in order to ensure that local telecommunications markets are
opened more rapidly to full, robust, and sustainable competition.

SEC. 4. ENFORCEMENT AUTHORITY.

    Title 2 of the Communications Act of 1934 (47 U.S.C. 201 et seq.)
is amended by adding at the end the following new section:

``SEC. 262. ENFORCEMENT AUTHORITY.

    ``(a) In General.--
            ``(1) If the Commission finds that a Bell operating company
        has not fully implemented the competitive checklist in section
        271(c)(2)(B) for all telecommunications (including voice,
        video, and data) for at least one-half of the States in its
        region by February 8, 2001, as determined by the Commission
        under Commission policies adopted as of June 1, 1999, the
        Commission shall assess on such company a forfeiture penalty of
        $100,000 for each day of the continuing violation until the
        Commission determines that the Bell operating company has fully
        implemented section 271(c)(2)(B).
            ``(2) If the Commission finds that a Bell operating company
        has not fully implemented the competitive checklist in section
        271(c)(2)(B) for all telecommunications (including voice,
        video, and data) in all States in its region by February 8,
        2003, as determined by the Commission under Commission policies
        adopted as of June 1, 1999, the Commission shall order the Bell
        operating company to divest itself of its telecommunications
        network facilities within 180 days in States in which it has
        not fully implemented the requirements of section 271(c)(2)(B).
        The Bell operating company owning or controlling those
        telecommunications network facilities shall provide neither
        telecommunications nor information services to subscribers who
        are telecommunications carriers in States in which it is in
        violation of section 271(c)(2)(B) until the Commission finds
        that effective facilities-based local competition exists in the
        relevant market.
    ``(b) Ensure Markets Are Open to Competition.--
            ``(1) For an incumbent local exchange carrier (as defined
        in section 251(h)), other than a Bell operating company, with
        more than 5 percent of the access lines in the nation the
        Commission shall ensure, upon receipt of a petition from any
        interested party, that the company's markets are open to
        competition by completing an investigation within 120 days to
        determine whether such incumbent local exchange carrier has
        fully complied with section 251(c) for all telecommunications
        (including voice, video, and data).
            ``(2) In determining compliance with section 251(c), the
        Commission shall consult with the relevant State regulators and
        shall use as a benchmark the practices and performance of other
        incumbent local exchange carriers in the State and region.
            ``(3)(A) If the Commission finds that such incumbent local
        exchange carrier is not in full compliance with section 251(c)
        for all telecommunications (including voice, video, and data),
        the Commission shall explicitly state the reasons for such
        carrier not being in full compliance and allow the carrier 60
        days to come into full compliance.
            ``(B) If such carrier does not come into full compliance at
        the end of the 60-day period, the Commission shall--
                    ``(i) assess on the carrier a forfeiture penalty of
                $50,000 per day of the continuing violation; and
                    ``(ii) order the carrier to cease and desist in
                marketing and selling long distance services to new
                customers.
        Such forfeiture penalty and cease and desist order shall
        continue until the Commission finds that the carrier is in
        compliance with section 251(c).
    ``(c) Post Approval Protections.--
            ``(1) In general.--If at any time after the approval of an
        application consistent with the requirements of section 271,
        the Commission determines that a Bell operating company has
        ceased to meet one or more of the requirements of section
        271(c)(2)(B) for all telecommunications (including voice,
        video, and data), the Commission shall, after notice and
        opportunity for a hearing assess on the company a forfeiture
        penalty of $100,000 for each violation and for each day of the
        continuing violation.
            ``(2) Penalty.--If at any time after the approval of an
        application consistent with the requirements of section 271,
        the Commission determines that a Bell operating company has
        willfully, knowingly, and repeatedly ceased to meet one or more
        of the requirements of section 271(c)(2)(B) for all
        telecommunications (including voice, video, and data), the
        Commission shall, after notice and opportunity for a hearing
        order the company to divest itself of its telecommunications
        network facilities within 180 days in States in which it has
        ceased to meet the requirements of section 271(c)(2)(B).
    ``(d) Authority.--Notwithstanding any other provision of this Act,
the Commission shall have full authority to order, implement, and
enforce the provisions of this section. In implementing this section,
the Commission shall ensure that it does not alter the policies and
standards in effect as of June 1, 1999, for ensuring compliance with
section 271 of the Act.
    ``(e) Additional Provisions.--The provisions of this section are in
addition to the penalties and forfeitures provided by title 5 of this
Act.''.

Output:
Telecommunications Competition Enforcement Act of 1999 - Amends the Communications Act of 1934 to mandate that if the Federal Communications Commission (FCC) finds that a Bell operating company (BOC) has not fully implemented the requirements under the Telecommunications Act of 1996 for full and open competition with regard to network access for all telecommunications (voice, video, and data) for at least one-half of the States in its region by February 8, 2001, the FCC shall assess a forfeiture penalty of $100,000 per day for each day of continuing violation of such requirements.  Provides that if such requirements are not met by a BOC by February 8, 2003, the FCC shall order the BOC to divest itself of its telecommunications network facilities within 180 days.
Requires the FCC to ensure, for an incumbent local exchange carrier, other than a BOC, with more than five percent of the national access lines, that such company's markets are open to competition by completing an investigation within 120 days to determine whether such carrier has fully complied with such competition requirements for all telecommunications.  Allows a noncomplying carrier 60 days to achieve such compliance, with penalties for violations after such period.
Allows the FCC to assess forfeiture penalties on a BOC if, at any time after its approval, the FCC determines that such BOC has ceased to meet the open competition requirements.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Municipal Bond Fairness Act''.

   TITLE I--DISCRIMINATORY RATINGS TREATMENT OF STATE AND MUNICIPAL
                               SECURITIES

SEC. 101. PRESERVATION OF AUTHORITY TO PREVENT DISCRIMINATION.

    Section 15E of the Securities Exchange Act of 1934 (15 U.S.C. 78o-
7) is amended--
            (1) by redesignating subsection (p) as subsection (q); and
            (2) by inserting after subsection (o) the following new
        subsection:
    ``(p) Ratings Clarity and Consistency.--
            ``(1) Commission obligation.--Subject to paragraphs (2) and
        (3), the Commission shall require each nationally recognized
        statistical rating organization that is registered under this
        section to establish, maintain, and enforce written policies
        and procedures reasonably designed--
                    ``(A) to establish and maintain credit ratings with
                respect to securities and money market instruments
                designed to assess the risk that investors in
                securities and money market instruments may not receive
                payment in accordance with the terms of issuance of
                such securities and instruments;
                    ``(B) to define clearly any rating symbol used by
                that organization; and
                    ``(C) to apply such rating symbol in a consistent
                manner for all types of securities and money market
                instruments.
            ``(2) Additional credit factors.--Nothing in paragraph
        (1)(A), (B), or (C)--
                    ``(A) prohibits a nationally recognized statistical
                rating organization from using additional credit
                factors that are documented and disclosed by the
                organization and that have a demonstrated impact on the
                risk an investor in a security or money market
                instrument will not receive repayment in accordance
                with the terms of issuance; or
                    ``(B) prohibits a nationally recognized statistical
                rating organization from considering credit factors
                that are unique to municipal securities that are not
                backed by the issuer's full faith and credit in its
                assessment of the risk an investor in a security or
                money market instrument will not receive repayment in
                accordance with the terms of issuance.
            ``(3) Complementary ratings.--The Commission shall not
        impose any requirement under paragraph (1) that prevents
        nationally recognized statistical rating organizations from
        establishing ratings that are complementary to the ratings
        described in paragraph (1)(A) and that are created to measure a
        discrete aspect of the security's or instrument's risk.
            ``(4) Review.--
                    ``(A) Performance measures.--The Commission shall,
                by rule, establish performance measures that the
                Commission shall consider when deciding whether to
                initiate a review concerning whether a nationally
                recognized statistical rating organization has failed
                to adhere to such organization's stated procedures and
                methodologies for issuing ratings on securities or
                money market instruments.
                    ``(B) Consideration of evidence.--Performance
                measures the Commission may consider in initiating a
                review of an organization's ratings in each of the
                categories described in clauses (i) through (v) of
                section 3(a)(62)(B) during an appropriate interval (as
                determined by the Commission) include the transition
                and default rates of its in discrete asset classes.''.

SEC. 102. GENERAL ACCOUNTABILITY OFFICE STUDY OF CREDIT RATINGS.

    (a) Study Required.--The Comptroller General shall conduct a study
of the treatment of different classes of bonds (municipal versus
corporate) by the nationally recognized statistical rating
organizations. Such study shall examine--
            (1) whether there are fundamental differences in the
        treatment of different classes of bonds by such rating
        organizations that cause some classes of bonds to suffer from
        undue discrimination;
            (2) if there are such differences, what are the causes of
        such differences and how can they be alleviated;
            (3) whether there are factors other than risk of loss that
        are appropriate for the credit ratings agencies to consider
        when rating bonds, and do those factors vary across different
        sectors;
            (4) the types of financing arrangement used by municipal
        issuers;
            (5) the differing legal and regulatory regimes governing
        disclosures for corporate bonds and municipal bonds;
            (6) the extent to which retail investors could be
        disadvantaged by a single ratings scale; and
            (7) practices, policies, and methodologies by the
        nationally recognized statistical rating organizations with
        respect to rating municipal bonds.
    (b) Report Required.--Within 6 months after the date of enactment
of this Act, the Comptroller General shall submit a report on the
results of the study required by subsection (a) to the Committee on
Financial Services of the House of Representatives and the Committee on
Banking, Housing, and Urban Development of the Senate. Such report
shall include an assessment of each of the issues and subjects
described in paragraphs (1) through (7) of subsection (a).

SEC. 103. IMPLEMENTATION.

    The Securities and Exchange Commission shall prescribe rules to
implement the amendments made by section 101 within 270 days after the
date of enactment of this Act.

         TITLE II--REVIEW OF MUNICIPAL BOND INSURANCE INDUSTRY

SEC. 201. AUTHORITY OF SECRETARY.

    (a) Authority To Receive and Collect Information.--Subject to
subsection (b), the Secretary of the Treasury shall have the authority
to receive and collect (directly from the States and other sources),
and to analyze and disseminate, data and information, and to issue
reports, regarding entities that insure or guarantee the payment of any
portion of the principal and interest of any municipal obligation,
including information, data and material regarding--
            (1) financial safety and soundness of such entities;
            (2) concentration of insurance liabilities of such
        entities;
            (3) performance of such entities under various scenarios of
        macro- and micro-economic stress;
            (4) underwriting standards for such entities; and
            (5) risk management of such entities.
    (b) Limitations.--With respect to the authority under subsection
(a)--
            (1) the submission of any non-publicly available data and
        information to the Secretary shall be voluntary and such
        submission shall not constitute a waiver of, or otherwise
        affect, any privilege or confidentiality protection to which
        the data or information is otherwise subject;
            (2) to the extent that any such data and information has
        already been received or collected by, or can efficiently be
        received or collected by, the States (including the insurance
        commissioners of the States), the National Association of
        Insurance Commissioners, or any other appropriate source, the
        Secretary may enter into an information-sharing agreement with
        such source to provide for the receipt of such data by the
        Secretary;
            (3) any requirement under Federal or State law to the
        extent otherwise applicable, or any requirement pursuant to a
        written agreement in effect between the original source of any
        non-publicly available data or information and the source of
        such data or information to the Secretary, regarding the
        privacy or confidentiality of any data or information in the
        possession of the source to the Secretary, and any privilege
        arising under Federal or State law (including the rules of any
        Federal or State court) with respect to such data or
        information, shall continue to apply to such data or
        information after the data or information has been provided
        pursuant to this subsection to the Secretary;
            (4) the Secretary shall treat as confidential and
        privileged any data or information obtained from any source
        that is entitled to confidential treatment under applicable
        State or Federal law or regulations, or under any agreement to
        which the source is a party and shall take all reasonable steps
        to oppose any effort to secure disclosure of the data or
        information by the Secretary;
            (5) the Secretary may not in any case disclose to any party
        any personally identifiable information received or collected
        by the Secretary pursuant to this subsection; and
            (6) any non-publicly available data and information
        received or collected by the Secretary pursuant to this
        subsection shall be considered trade secrets and commercial or
        financial information that is privileged and confidential
        pursuant to section 552(b)(4) of title 5, United States Code.

SEC. 202. REPORTS TO CONGRESS.

    The Secretary shall submit a report annually to the Committee on
Financial Services of the House of Representatives and the Committee on
Banking, Housing, and Urban Affairs of the Senate on the financial
state of the industry for insurance and guarantee of municipal bonds,
meaningful trends in such industry, and the potential impacts on the
overall financial system in the United States that entities providing
such insurance and guarantees could have under various scenarios of
macro- and micro-economic stress.

SEC. 203. RETENTION OF EXISTING REGULATORY AUTHORITY.

    This title may not be construed to establish any supervisory or
regulatory authority of the Secretary over any entity that insures or
guarantees the payment of any portion of the principal and interest of
any municipal obligation.

SEC. 204. DEFINITIONS.

    For purposes of this title, the following definitions shall apply:
            (1) Municipal obligation.--The term ``municipal
        obligation'' means any bond, note, security, or other debt
        obligation issued by any State, any political subdivision of a
        State, one or more political subdivisions of a State, or a
        State and one or more of its political subdivisions, by any
        agency, department, office, authority, or other instrumentality
        of a State, any political subdivision of a State, one or more
        political subdivisions of a State, or a State and one or more
        of its political subdivisions, or by any other entity eligible
        to issue bonds the interest on which is excludable from gross
        income under section 103 of the Internal Revenue Code of 1986.
            (2) Political subdivision.--The term ``political
        subdivision'' includes any city, county, town, township,
        parish, village, or other general purpose political subdivision
        of a State and any school, utility, fire, or tax district, or
        other special purpose political subdivision of a State.
            (3) Secretary.--The term ``Secretary'' means the Secretary
        of the Treasury.
            (4) State.--The term ``State'' means the States of the
        United States, the District of Columbia, the Commonwealth of
        Puerto Rico, the Commonwealth of the Northern Mariana Islands,
        Guam, the Virgin Islands, American Samoa, and any other
        territory or possession of the United States.

SEC. 205. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Secretary for
carrying out this title such sums as may be necessary for each fiscal
year.

Output:
Municipal Bond Fairness Act - Title I: Discriminatory Ratings Treatment of State and Municipal Securities - (Sec. 101) Amends the Securities Exchange Act of 1934 to direct the Securities and Exchange Commission (SEC) to require each registered nationally recognized statistical rating organization (NSRO) (credit rating agency) to establish, maintain, and enforce written policies and procedures reasonably designed to: (1) establish and maintain credit ratings with respect to securities and money market instruments designed to assess the risk that investors in such instruments may not receive payment in accordance with their terms of issuance; and (2) define clearly any rating symbol and apply it consistently.

Permits an NSRO to consider the following when assessing the risk that an investor in a security or money market instrument will not receive repayment in accordance with the terms of issuance: (1) additional credit factors that it has documented and disclosed; or (2) credit factors that are unique to municipal securities that are not backed by the issuer's full faith and credit.

Prohibits the SEC from imposing any requirement that prevents an NSRO from establishing ratings that are complementary to mandatory ratings and that are created to measure a discrete aspect of risk.

Directs the SEC to establish performance measures, which may include transition and default rates in discrete asset classes, to consider when deciding whether to initiate a review concerning whether an NSRO has failed to adhere to its procedures and methodologies for issuing ratings.

(Sec. 102) Directs the Comptroller General to study and report to certain congressional committees on the treatment of different classes of bonds (municipal versus corporate) by the NSROs.

Title II: Review of Municipal Bond Insurance Industry - (Sec. 201) Authorizes the Secretary of the Treasury to receive (directly from states and other sources), analyze, and disseminate information: (1) about entities that insure or guarantee the payment of principal and interest of any municipal obligation; and (2) from state insurance regulatory authorities and the National Association of Insurance Commissioners (NAIC).

Requires any submission to the Secretary of non-publicly available data and information to be voluntary. States that such a submission does not constitute a waiver of, or otherwise affect, any privilege or confidentiality protection to which the data or information is otherwise subject.

Authorizes the Secretary to enter into an information-sharing agreement with states, NAIC, or other appropriate sources to provide for the receipt of any data and information such sources have already received or collected, or can efficiently receive or collect.

Requires the Secretary to treat as confidential and privileged data or information obtained from any source that is entitled to confidential treatment under applicable state or federal law or regulations, or under any agreement to which the source is a party.

Prohibits the Secretary from disclosing personally identifiable information received or collected under this Act.

Considers non-publicly available data and information received or collected under this Act as trade secrets and commercial or financial information that is privileged and confidential.

(Sec. 202) Directs the Secretary to report annually to certain congressional committees on: (1) the financial state of the industry for insurance and guarantee of municipal bonds; (2) meaningful trends in such industry; and (3) potential impacts that entities providing such insurance and guarantees could have upon the overall domestic financial system under various scenarios of macro- and micro-economic stress.

(Sec. 203) Prohibits construction of this Act to establish any supervisory or regulatory authority of the Secretary over any entity that insures or guarantees the payment of any portion of the principal and interest of any municipal obligation.

(Sec. 205) Authorizes appropriations.


Input:
Subtitle B--Internet Pharmacies

SEC. 911. FINDINGS.

  The Congress finds as follows:
            (1) Legitimate Internet sellers of prescription drugs can
        offer substantial benefits to consumers. These potential
        benefits include convenience, privacy, valuable information,
        competitive prices, and personalized services.
            (2) Unlawful Internet sellers of prescription drugs may
        dispense inappropriate, contaminated, counterfeit, or subpotent
        prescription drugs that could put at risk the health and safety
        of consumers.
            (3) Unlawful Internet sellers have exposed consumers to
        significant health risks by knowingly filling invalid
        prescriptions, such as prescriptions based solely on an online
        questionnaire, or by dispensing prescription drugs without any
        prescription.
            (4) Consumers may have difficulty distinguishing legitimate
        from unlawful Internet sellers, as well as foreign from
        domestic Internet sellers, of prescription drugs.

SEC. 912. AMENDMENT TO FEDERAL FOOD, DRUG, AND COSMETIC ACT.

    (a) In General.--Chapter V of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 351 et seq.) is amended by inserting after section 503A
the following:

``SEC. 503B. INTERNET PRESCRIPTION DRUG SALES.

    ``(a) Definitions.--For purposes of this section:
            ``(1) Consumer.--The term `consumer' means a person (other
        than an entity licensed or otherwise authorized under Federal
        or State law as a pharmacy or to dispense or distribute
        prescription drugs) that purchases or seeks to purchase
        prescription drugs through the Internet.
            ``(2) Home page.--The term `home page' means the entry
        point or main web page for an Internet site.
            ``(3) Internet.--The term `Internet' means collectively the
        myriad of computer and telecommunications facilities, including
        equipment and operating software, which comprise the
        interconnected worldwide network of networks that employ the
        Transmission Control Protocol/Internet Protocol, or any
        predecessor or successor protocols to such protocol, to
        communicate information of all kinds by wire or radio,
        including electronic mail.
            ``(4) Interstate internet seller.--
                    ``(A) In general.--The term `interstate Internet
                seller' means a person whether in the United States or
                abroad, that engages in, offers to engage in, or causes
                the delivery or sale of a prescription drug through the
                Internet and has such drug delivered directly to the
                consumer via the Postal Service, or any private or
                commercial interstate carrier to a consumer in the
                United States who is residing in a State other than the
                State in which the seller's place of business is
                located. This definition excludes a person who only
                delivers a prescription drug to a consumer, such as an
                interstate carrier service.
                    ``(B) Exemption.--With respect to the consumer
                involved, the term `interstate Internet seller' does
                not include a person described in subparagraph (A)
                whose place of business is located within 75 miles of
                the consumer.
            ``(5) Link.--The term `link' means either a textual or
        graphical marker on a web page that, when clicked on, takes the
        consumer to another part of the Internet, such as to another
        web page or a different area on the same web page, or from an
        electronic message to a web page.
            ``(6) Pharmacy.--The term `pharmacy' means any place
        licensed or otherwise authorized as a pharmacy under State law.
            ``(7) Prescriber.--The term `prescriber' means an
        individual, licensed or otherwise authorized under applicable
        Federal and State law to issue prescriptions for prescription
        drugs.
            ``(8) Prescription drug.--The term `prescription drug'
        means a drug under section 503(b)(1).
            ``(9) Valid prescription.--The term `valid prescription'
        means a prescription that meets the requirements of section
        503(b)(1) and other applicable Federal and State law.
            ``(10) Web site; site.--The terms `web site' and `site'
        mean a specific location on the Internet that is determined by
        Internet protocol numbers or by a domain name.
    ``(b) Requirements for Interstate Internet Sellers.--
            ``(1) In general.--Each interstate Internet seller shall
        comply with the requirements of this subsection with respect to
        the sale of, or the offer to sell, prescription drugs through
        the Internet and shall at all times display on its web site
information in accordance with paragraph (2).
            ``(2) Web site disclosure information.--An interstate
        Internet seller shall post in a visible and clear manner (as
        determined by regulation) on the home page of its web site, or
        on a page directly linked to such home page--
                    ``(A) the street address of the interstate Internet
                seller's place of business, and the telephone number of
                such place of business;
                    ``(B) each State in which the interstate Internet
                seller is licensed or otherwise authorized as a
                pharmacy, or if the interstate Internet seller is not
                licensed or otherwise authorized by a State as a
                pharmacy, each State in which the interstate Internet
                seller is licensed or otherwise authorized to dispense
                prescription drugs, and the type of State license or
                authorization;
                    ``(C) in the case of an interstate Internet seller
                that makes referrals to or solicits on behalf of a
                prescriber, the name of each prescriber, the street
                address of each such prescriber's place of business,
                the telephone number of such place of business, each
                State in which each such prescriber is licensed or
                otherwise authorized to prescribe prescription drugs,
                and the type of such license or authorization; and
                    ``(D) a statement that the interstate Internet
                seller will dispense prescription drugs only upon a
                valid prescription.
            ``(3) Date of posting.--Information required to be posted
        under paragraph (2) shall be posted by an interstate Internet
        seller--
                    ``(A) not later than 90 days after the effective
                date of this section if the web site of such seller is
                in operation as of such date; or
                    ``(B) on the date of the first day of operation of
                such seller's web site if such site goes into operation
                after such date.
            ``(4) Qualifying statements.--An interstate Internet seller
        shall not indicate in any manner that posting disclosure
        information on its web site signifies that the Federal
        Government has made any determination on the legitimacy of the
        interstate Internet seller or its business.
            ``(5) Disclosure to state licensing boards.--An interstate
        Internet seller licensed or otherwise authorized to dispense
        prescription drugs in accordance with applicable State law
        shall notify each State entity that granted such licensure or
        authorization that it is an interstate Internet seller, the
        name of its business, the Internet address of its business, the
        street address of its place of business, and the telephone
        number of such place of business.
            ``(6) Regulations.--The Secretary is authorized to
        promulgate such regulations as are necessary to carry out the
        provisions of this subsection. In issuing such regulations, the
        Secretary--
                    ``(A) shall take into consideration disclosure
                formats used by existing interstate Internet seller
                certification programs; and
                    ``(B) shall in defining the term `place of
                business' include provisions providing that such place
                is a single location at which employees of the business
                perform job functions, and not a post office box or
                similar locale.''.
    (b) Prohibited Acts.--Section 301 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 331) is amended by adding at the end the
following:
    ``(bb) The failure to post information required under section
503B(b)(2) or for knowingly making a materially false statement when
posting such information as required under such section or violating
section 503B(b)(4).''.

SEC. 913. PUBLIC EDUCATION.

    The Secretary of Health and Human Services shall engage in
activities to educate the public about the dangers of purchasing
prescription drugs from unlawful Internet sources. The Secretary should
educate the public about effective public and private sector consumer
protection efforts, as appropriate, with input from the public and
private sectors, as appropriate.

SEC. 914. STUDY REGARDING COORDINATION OF REGULATORY ACTIVITIES.

    Not later than 180 days after the date of enactment of this Act,
the Secretary of Health and Human Services, after consultation with the
Attorney General, shall submit to Congress a report providing
recommendations for coordinating the activities of Federal agencies
regarding interstate Internet sellers that operate from foreign
countries and for coordinating the activities of the Federal Government
with the activities of governments of foreign countries regarding such
interstate Internet sellers.

SEC. 915. EFFECTIVE DATE.

    The amendments made by this subtitle shall take effect 1 year after
the date of enactment of this Act, except that the authority of the
Secretary of Health and Human Services to commence the process of
rulemaking is effective on the date of enactment of this Act.

Output: Amends the Federal Food, Drug, and Cosmetic Act to require each interstate Internet seller to comply with requirements of this Act with respect to the sale or offer of prescription drugs. Requires the seller to: (1) post visibly on its web site home page its street address, the States in which it is authorized as a pharmacy, certain prescriber information, and a statement it will dispense prescription drugs only upon a valid prescription; and (2) disclose such information to State licensing boards.Directs the Secretary of Health and Human Services to: (1) engage in activities to educate the public about the dangers of purchasing prescription drugs from unlawful Internet sources; and (2) recommend to Congress the coordination of activities of Federal agencies regarding Internet sellers that operate from foreign countries with the activities of such foreign governments.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Copper Salmon Wilderness Act of
2008''.

SEC. 2. DESIGNATION OF THE COPPER SALMON WILDERNESS.

    (a) Designation.--Section 3 of the Oregon Wilderness Act of 1984
(16 U.S.C. 1132 note; Public Law 98-328) is amended--
            (1) in the matter preceding paragraph (1), by striking
        ``eight hundred fifty-nine thousand six hundred acres'' and
        inserting ``871,593 acres'';
            (2) in paragraph (29), by striking the period at the end
        and inserting ``; and''; and
            (3) by adding at the end the following:
            ``(30) certain land in the Siskiyou National Forest,
        comprising approximately 11,922 acres, as generally depicted on
        the map entitled `Copper Salmon Wilderness Proposal' and dated
        April 1, 2008, to be known as the `Copper Salmon
        Wilderness'.''.
    (b) Maps and Legal Description.--
            (1) In general.--As soon as practicable after the date of
        enactment of this Act, the Secretary of Agriculture (referred
        to in this Act as the ``Secretary'') shall file a map and a
        legal description of the Copper Salmon Wilderness with--
                    (A) the Committee on Energy and Natural Resources
                of the Senate; and
                    (B) the Committee on Natural Resources of the House
                of Representatives.
            (2) Force of law.--The map and legal description filed
        under paragraph (1) shall have the same force and effect as if
        included in this Act, except that the Secretary may correct
        typographical errors in the map and legal description.
            (3) Boundary.--If the boundary of the Copper Salmon
        Wilderness shares a border with a road, the Secretary may only
        establish an offset that is not more than 150 feet from the
        centerline of the road.
            (4) Public availability.--Each map and legal description
        filed under paragraph (1) shall be on file and available for
        public inspection in the appropriate offices of the Forest
        Service.

SEC. 3. WILD AND SCENIC RIVER DESIGNATIONS, ELK RIVER, OREGON.

    Section 3(a)(76) of the Wild and Scenic Rivers Act (16 U.S.C.
1274(a)(76)) is amended--
            (1) in the matter preceding subparagraph (A), by striking
        ``19-mile segment'' and inserting ``28.2-mile segment'';
            (2) in subparagraph (A), by striking ``; and'' and
        inserting a period; and
            (3) by striking subparagraph (B) and inserting the
        following:
                    ``(B)(i) The approximately 0.6-mile segment of the
                North Fork Elk from its source in sec. 21, T. 33 S., R.
                12 W., Willamette Meridian, downstream to 0.01 miles
                below Forest Service Road 3353, as a scenic river.
                    ``(ii) The approximately 5.5-mile segment of the
                North Fork Elk from 0.01 miles below Forest Service
                Road 3353 to its confluence with the South Fork Elk, as
                a wild river.
                    ``(C)(i) The approximately 0.9-mile segment of the
                South Fork Elk from its source in the southeast quarter
                of sec. 32, T. 33 S., R. 12 W., Willamette Meridian,
                downstream to 0.01 miles below Forest Service Road
                3353, as a scenic river.
                    ``(ii) The approximately 4.2-mile segment of the
                South Fork Elk from 0.01 miles below Forest Service
                Road 3353 to its confluence with the North Fork Elk, as
                a wild river.''.

SEC. 4. PROTECTION OF TRIBAL RIGHTS.

    (a) In General.--Nothing in this Act shall be construed as
diminishing any right of any Indian tribe.
    (b) Memorandum of Understanding.--The Secretary shall seek to enter
into a memorandum of understanding with the Coquille Indian Tribe
regarding access to the Copper Salmon Wilderness to conduct historical
and cultural activities.

SEC. 5. DESIGNATION OF POTENTIAL WILDERNESS AREA, SISKIYOU NATIONAL
              FOREST, OREGON.

    (a) Designation.--In furtherance of the purposes of the Wilderness
Act (16 U.S.C. 1131 et seq.), certain National Forest System land in
the State of Oregon administered by the Forest Service as part of the
Siskiyou National Forest and compromising approximately 1,708 acres, as
generally depicted on the map entitled ``Copper Salmon Wilderness
Proposal'' and dated April 1, 2008, are designated as a potential
wilderness area for eventual inclusion in the Copper Salmon Wilderness
designated by paragraph (30) of section 3 of the Oregon Wilderness Act
of 1984 (16 U.S.C. 1132 note; Public Law 98-328), as added by section
2.
    (b) Map and Legal Description.--As soon as practicable after the
date of the enactment of this Act, the Secretary shall file with the
Committee on Natural Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate a map and legal
description of potential wilderness area designated by subsection (a).
The map and legal description shall have the same force and effect as
if included in this Act, except that the Secretary may correct clerical
and typographical errors in the map and description. In the case of any
discrepancy between the acreage specified in subsection (a) and the
map, the map shall control. The map and legal description shall be on
file and available for public inspection in the Office of the Chief of
the Forest Service.
    (c) Management.--Except as provided in subsection (d) and subject
to valid existing rights, the Secretary shall manage the potential
wilderness area designated by subsection (a) as wilderness until its
designated as wilderness under subsection (e).
    (d) Ecological Restoration.--
            (1) In general.--For the purposes of implementing the
        planned ecological restoration approved by the Decision Notice
        and Finding of No Significant Impact for the Environmental
        Assessment for the Coastal Healthy Forest Treatments, dated May
        25, 2007, the Secretary may use motorized equipment and
        mechanized transport in the potential wilderness area until its
        designated as wilderness under subsection (e).
            (2) Limitation.--To the maximum extent practicable, the
        Secretary shall use the minimum tool or administrative practice
        necessary to accomplish ecological restoration under paragraph
        (1) with the least amount of adverse impact on wilderness
        character and resources.
    (e) Eventual Wilderness Designation.--The potential wilderness area
designated by subsection (a) shall be designated as wilderness on the
earlier of--
            (1) the date on which the Secretary publishes in the
        Federal Register notice that the conditions in the potential
        wilderness area that are incompatible with the Wilderness Act
        (16 U.S.C. 1131 et seq.) have been removed; or
            (2) the date that is 10 years after the date of the
        enactment of this Act.
    (f) Incorporation Into Copper Salmon Wilderness; Administration.--
On its designation as wilderness under subsection (e), the potential
wilderness area designated by subsection (a) shall be--
            (1) incorporated into the Copper Salmon Wilderness; and
            (2) administered in accordance with the Wilderness Act, the
        Oregon Wilderness Act of 1984, and other laws applicable to the
        Copper Salmon Wilderness, except that, with respect to the
        potential wilderness area, any reference in the Wilderness Act
        to the effective date of that Act shall be deemed to be a
        reference to the date on which the lands are designated as
        wilderness under subsection (e).

            Passed the House of Representatives April 22, 2008.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.

Output:
Copper Salmon Wilderness Act of 2008 - Amends the Oregon Wilderness Act of 1984 to designate certain lands in Siskiyou National Forest as the "Copper Salmon Wilderness."

Allows the Secretary of Agriculture, if the boundary of the Copper Salmon Wilderness shares a border with a road, to only establish an offset that is not more than 150 feet from the centerline of the road.

 Amends the Wild and Scenic Rivers Act to designate specified segments of the North and South Forks of the Elk River in Oregon as wild or scenic rivers.

Prohibits anything in this Act from being construed as diminishing any right of any Indian tribe.

Directs the Secretary to seek to enter into a memorandum of understanding with the Coquille Indian tribe regarding access to the Copper Salmon Wilderness to conduct historical and cultural activities.

Designates certain National Forest System land in Oregon, which is administered as part of the Siskiyou National Forest, as a potential wilderness area for eventual inclusion in the Copper Salmon Wilderness.

Requires the Secretary to manage the potential wilderness area as wilderness until it is designated as wilderness.

Authorizes, for the purposes of implementing a specified planned ecological restoration, the use of motorized equipment and mechanized transport in the potential wilderness area.

Declares that the potential wilderness area shall be designated as wilderness on the earlier of: (1) the date on which the Secretary publishes in the Federal Register the notice that the conditions in the area that are incompatible with the Wilderness Act have been removed; and (2) the date that is ten years after the enactment of this Act.

Requires the potential wilderness area upon its designation as wilderness to be incorporated into the Copper Salmon Wilderness.