Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Innovation Protection Act''.

SEC. 2. PATENT AND TRADEMARK OFFICE FUNDING.

    (a) Definitions.--In this section:
            (1) Director.--The term ``Director'' means the Under
        Secretary of Commerce for Intellectual Property and Director of
        the United States Patent and Trademark Office.
            (2) Fund.--The term ``Fund'' means the United States Patent
        and Trademark Office Public Enterprise Revolving fund
        established under subsection (c).
            (3) Office.--The term ``Office'' means the United States
        Patent and Trademark Office.
            (4) Trademark act of 1946.--The term ``Trademark Act of
        1946'' means 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.) (commonly referred to as the ``Trademark Act of 1946''
        or the ``Lanham Act'').
    (b) Funding.--
            (1) In general.--Section 42 of title 35, United States
        Code, is amended--
                    (A) in subsection (b), by striking ``Patent and
                Trademark Office Appropriation Account'' and inserting
                ``United States Patent and Trademark Office Public
                Enterprise Fund''; and
                    (B) in subsection (c)--
                            (i) in paragraph (1)--
                                    (I) in the first sentence, by
                                striking ``To the extent'' and all that
                                follows through ``fees'' and inserting
                                ``Fees''; and
                                    (II) by striking ``shall be
                                collected by and shall, subject to
                                paragraph (3), be available to the
                                Director'' and inserting ``shall be
                                collected by, and shall be available
                                to, the Director until expended''; and
                            (ii) by striking paragraph (2) and
                        redesignating paragraph (3) as paragraph (2).
            (2) Effective date.--The amendments made by paragraph (1)
        shall take effect on the first day of the first fiscal year
        that begins on or after the date of the enactment of this Act.
    (c) USPTO Revolving Fund.--
            (1) Establishment.--There is established in the Treasury of
        the United States a revolving fund to be known as the ``United
        States Patent and Trademark Office Public Enterprise Fund''.
        Any amounts in the Fund shall be available for use by the
        Director without fiscal year limitation.
            (2) Derivation of resources.--
                    (A) In general.--There shall be deposited into the
                Fund on and after the effective date set forth in
                subsection (b)(2)--
                            (i) any fees collected under title 35,
                        United States Code; and
                            (ii) any fees collected under the Trademark
                        Act of 1946 (15 U.S.C. 1051 et seq.).
                    (B) Remaining balances.--There shall be deposited
                in the Fund, on the effective date set forth in
                subsection (b)(2), any unobligated balances remaining
                in the Patent and Trademark Office Appropriation
                Account, and in the Patent and Trademark Fee Reserve
                Fund established under section 42(b)(2) of title 31,
                United States Code, as in effect on the day before such
                effective date. Upon the payment of all obligated
                amounts in the Patent and Trademark Fee Reserve Fund,
                the Patent and Trademark Fee Reserve Fund shall be
                terminated.
            (3) Expenses.--Amounts deposited into the Fund under
        paragraph (2) shall be available, without fiscal year
        limitation, to cover--
                    (A) all expenses, to the extent consistent with the
                limitation on the use of fees set forth in section
                42(c) of title 35, United States Code, including all
                administrative and operating expenses, determined in
                the discretion of the Director to be ordinary and
                reasonable, incurred by the Director for the continued
                operation of all services, programs, activities, and
                duties of the Office relating to patents and
                trademarks, as such services, programs, activities, and
                duties are described under--
                            (i) title 35, United States Code; and
                            (ii) the Trademark Act of 1946; and
                    (B) all expenses incurred pursuant to any
                obligation, representation, or other commitment of the
                Office.
    (d) Annual Report and Operation Plan.--Not later than 60 days after
the end of each fiscal year, the Director shall submit to Congress a
report that--
            (1) summarizes the operations of the Office for the
        preceding fiscal year, including financial details and staff
        levels broken down by each major activity of the Office;
            (2) describes the long term modernization plans of the
        Office;
            (3) sets forth details of any progress towards such
        modernization plans made in the preceding fiscal year; and
            (4) includes the results of the most recent audit carried
        out under subsection (f).
    (e) Annual Spending Plan.--
            (1) In general.--Not later than 30 days after the beginning
        of each fiscal year, the Director shall notify the Committee on
        Appropriations of the House of Representatives and the
        Committee on Appropriations of the Senate of the plan for the
        obligation and expenditure by the Office of the total amount of
        the funds for that fiscal year in accordance with section 605
        of the Science, State, Justice, Commerce, and Related Agencies
        Appropriations Act, 2006 (Public Law 109-108; 119 Stat. 2334).
            (2) Contents.--Each plan under paragraph (1) shall--
                    (A) summarize the operations of the Office for the
                current fiscal year, including financial details and
                staff levels with respect to major activities; and
                    (B) detail the operating plan of the Office,
                including specific expense and staff needs, for the
                current fiscal year.
    (f) Audit.--The Director shall, on an annual basis, provide for an
independent audit of the financial statements of the Office. Such audit
shall be conducted in accordance with generally accepted accounting
principles.
    (g) Budget.--The Fund shall prepare and submit each year to the
President a business-type budget in such manner, and before such date,
as the President prescribes by regulation.

Output: Innovation Protection Act - Establishes in the Treasury the United States Patent and Trademark Office Public Enterprise Fund (Public Enterprise Fund) to be used as a revolving fund by the Director of the U.S. Patent and Trademark Office (USPTO) without fiscal year limitation.  Requires to be credited to or deposited in the Public Enterprise Fund: (1) appropriations for defraying the costs of USPTO activities; (2) fees collected under federal patent and trademark laws; and (3) any unobligated balances remaining in the Patent and Trademark Office Appropriation Account and in the Patent and Trademark Fee Reserve Fund. (Thus, replaces the Patent and Trademark Office Appropriation Account, eliminates the Patent and Trademark Fee Reserve Fund, and provides a source of permanent funding for the USPTO.) Requires fees collected by the Director to remain available to the Director until expended.  Makes the Public Enterprise Fund available to cover: (1) ordinary and reasonable administrative, operating, and other expenses incurred by the Director for the continued operation of USPTO services, programs, activities, and duties relating to patents and trademarks; and (2) expenses incurred pursuant to obligations, representations, or other commitments of the USPTO.  Requires the Director, on an annual basis, to: (1) report to Congress with operation and spending plans, including financial details and staff levels broken down by each major activity; (2) provide for an independent audit of USPTO financial statements; and (3) submit a budget to the President.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Airport Security Improvement Act of
2000''.

SEC. 2. CRIMINAL HISTORY RECORD CHECKS.

    (a) Expansion of FAA Electronic Pilot Program.--
        (1) In general.--Not later than 2 years after the date of
    enactment of this Act, the Administrator of the Federal Aviation
    Administration shall develop, in consultation with the Office of
    Personnel Management and the Federal Bureau of Investigation, the
    pilot program for individual criminal history record checks (known
    as the electronic fingerprint transmission pilot project) into an
    aviation industry-wide program.
        (2) Limitation.--The Administrator shall not require any
    airport, air carrier, or screening company to participate in the
    program described in subsection (a) if the airport, air carrier, or
    screening company determines that it would not be cost effective
    for it to participate in the program and notifies the Administrator
    of that determination.
    (b) Application of Expanded Program.--
        (1) Interim report.--Not later than 1 year after the date of
    enactment of this Act, the Administrator shall transmit to the
    Committee on Commerce, Science, and Transportation of the Senate
    and the Committee on Transportation and Infrastructure of the House
    of Representatives a report describing the status of the
    Administrator's efforts to utilize the program described in
    subsection (a).
        (2) Notification concerning sufficiency of operation.--If the
    Administrator determines that the program described in subsection
    (a) is not sufficiently operational 2 years after the date of
    enactment of this Act to permit its utilization in accordance with
    subsection (a), the Administrator shall notify the committees
    referred to in paragraph (1) of that determination.
    (c) Changes in Existing Requirements.--Section 44936(a)(1) of title
49, United States Code, is amended--
        (1) in subparagraph (A) by striking ``, as the Administrator
    decides is necessary to ensure air transportation security,'';
        (2) in subparagraph (D) by striking ``as a screener'' and
    inserting ``in the position for which the individual applied''; and
        (3) by adding at the end the following:
            ``(E) Criminal history record checks for screeners and
        others.--
                ``(i) In general.--A criminal history record check
            shall be conducted for each individual who applies for a
            position described in subparagraph (A), (B)(i), or (B)(ii).
                ``(ii) Special transition rule.--During the 3-year
            period beginning on the date of enactment of this
            subparagraph, an individual described in clause (i) may be
            employed in a position described in clause (i)--

                    ``(I) in the first 2 years of such 3-year period,
                for a period of not to exceed 45 days before a criminal
                history record check is completed; and
                    ``(II) in the third year of such 3-year period, for
                a period of not to exceed 30 days before a criminal
                history record check is completed,

            if the request for the check has been submitted to the
            appropriate Federal agency and the employment investigation
            has been successfully completed.
                ``(iii) Employment investigation not required for
            individuals subject to criminal history record check.--An
            employment investigation shall not be required for an
            individual who applies for a position described in
            subparagraph (A), (B)(i), or (B)(ii), if a criminal history
            record check of the individual is completed before the
            individual begins employment in such position.
                ``(iv) Effective date.--This subparagraph shall take
            effect--

                    ``(I) 30 days after the date of enactment of this
                subparagraph with respect to individuals applying for a
                position at an airport that is defined as a Category X
                airport in the Federal Aviation Administration approved
                air carrier security programs required under part 108
                of title 14, Code of Federal Regulations; and
                    ``(II) 3 years after such date of enactment with
                respect to individuals applying for a position at any
                other airport that is subject to the requirements of
                part 107 of such title.

            ``(F) Exemption.--An employment investigation, including a
        criminal history record check, shall not be required under this
        subsection for an individual who is exempted under section
        107.31(m) of title 14, Code of Federal Regulations, as in
        effect on the date of enactment of this subparagraph.''.
    (d) List of Offenses Barring Employment.--Section 44936(b)(1)(B) of
title 49, United States Code, is amended--
        (1) by inserting ``(or found not guilty by reason of
    insanity)'' after ``convicted'';
        (2) in clause (xi) by inserting ``or felony unarmed'' after
    ``armed'';
        (3) by striking ``or'' at the end of clause (xii);
        (4) by redesignating clause (xiii) as clause (xv) and inserting
    after clause (xii) the following:
                ``(xiii) a felony involving a threat;
                ``(xiv) a felony involving--

                    ``(I) willful destruction of property;
                    ``(II) importation or manufacture of a controlled
                substance;
                    ``(III) burglary;
                    ``(IV) theft;
                    ``(V) dishonesty, fraud, or misrepresentation;
                    ``(VI) possession or distribution of stolen
                property;
                    ``(VII) aggravated assault;
                    ``(VIII) bribery; and
                    ``(IX) illegal possession of a controlled substance
                punishable by a maximum term of imprisonment of more
                than 1 year, or any other crime classified as a felony
                that the Administrator determines indicates a
                propensity for placing contraband aboard an aircraft in
                return for money; or''; and

        (5) in clause (xv) (as so redesignated) by striking ``clauses
    (i)-(xii) of this paragraph'' and inserting ``clauses (i) through
    (xiv)''.

SEC. 3. IMPROVED TRAINING.

    (a) Training Standards for Screeners.--Section 44935 of title 49,
United States Code, is amended by adding at the end the following:
    ``(e) Training Standards for Screeners.--
        ``(1) Issuance of final rule.--Not later than May 31, 2001, and
    after considering comments on the notice published in the Federal
    Register for January 5, 2000 (65 Fed. Reg. 559 et seq.), the
    Administrator shall issue a final rule on the certification of
    screening companies.
        ``(2) Classroom instruction.--
            ``(A) In general.--As part of the final rule, the
        Administrator shall prescribe minimum standards for training
        security screeners that include at least 40 hours of classroom
        instruction before an individual is qualified to provide
        security screening services under section 44901.
            ``(B) Classroom equivalency.--Instead of the 40 hours of
        classroom instruction required under subparagraph (A), the
        final rule may allow an individual to qualify to provide
        security screening services if that individual has successfully
        completed a program that the Administrator determines will
        train individuals to a level of proficiency equivalent to the
        level that would be achieved by the classroom instruction under
        subparagraph (A).
        ``(3) On-the-job training.--In addition to the requirements of
    paragraph (2), as part of the final rule, the Administrator shall
    require that before an individual may exercise independent judgment
    as a security screener under section 44901, the individual shall--
            ``(A) complete 40 hours of on-the-job training as a
        security screener; and
            ``(B) successfully complete an on-the-job training
        examination prescribed by the Administrator.''.
    (b) Computer-Based Training Facilities.--Section 44935 of title 49,
United States Code, is further amended by adding at the end the
following:
    ``(f) Accessibility of Computer-Based Training Facilities.--The
Administrator shall work with air carriers and airports to ensure that
computer-based training facilities intended for use by security
screeners at an airport regularly serving an air carrier holding a
certificate issued by the Secretary of Transportation are conveniently
located for that airport and easily accessible.''.

SEC. 4. IMPROVING SECURED-AREA ACCESS CONTROL.

    Section 44903 of title 49, United States Code, is amended by adding
at the end the following:
    ``(g) Improvement of Secured-Area Access Control.--
        ``(1) Enforcement.--
            ``(A) Administrator to publish sanctions.--The
        Administrator shall publish in the Federal Register a list of
        sanctions for use as guidelines in the discipline of employees
        for infractions of airport access control requirements. The
        guidelines shall incorporate a progressive disciplinary
        approach that relates proposed sanctions to the severity or
        recurring nature of the infraction and shall include measures
        such as remedial training, suspension from security-related
        duties, suspension from all duties without pay, and termination
        of employment.
            ``(B) Use of sanctions.--Each airport operator, air
        carrier, and security screening company shall include the list
        of sanctions published by the Administrator in its security
        program. The security program shall include a process for
        taking prompt disciplinary action against an employee who
        commits an infraction of airport access control requirements.
        ``(2) Improvements.--The Administrator shall--
            ``(A) work with airport operators and air carriers to
        implement and strengthen existing controls to eliminate airport
        access control weaknesses by January 31, 2001;
            ``(B) require airport operators and air carriers to develop
        and implement comprehensive and recurring training programs
        that teach employees their roles in airport security, the
        importance of their participation, how their performance will
        be evaluated, and what action will be taken if they fail to
        perform;
            ``(C) require airport operators and air carriers to develop
        and implement programs that foster and reward compliance with
        airport access control requirements and discourage and penalize
        noncompliance in accordance with guidelines issued by the
        Administrator to measure employee compliance;
            ``(D) assess and test for compliance with access control
        requirements, report findings, and assess penalties or take
        other appropriate enforcement actions when noncompliance is
        found;
            ``(E) improve and better administer the Administrator's
        security database to ensure its efficiency, reliability, and
        usefulness for identification of systemic problems and
        allocation of resources;
            ``(F) improve the execution of the Administrator's quality
        control program by January 31, 2001; and
            ``(G) require airport operators and air carriers to
        strengthen access control points in secured areas (including
        air traffic control operations areas) to ensure the security of
        passengers and aircraft by January 31, 2001.''.

SEC. 5. PHYSICAL SECURITY FOR ATC FACILITIES.

    (a) In General.--In order to ensure physical security at Federal
Aviation Administration staffed facilities that house air traffic
control systems, the Administrator of the Federal Aviation
Administration shall act immediately to--
        (1) correct physical security weaknesses at air traffic control
    facilities so the facilities can be granted physical security
    accreditation not later than April 30, 2004; and
        (2) ensure that follow-up inspections are conducted,
    deficiencies are promptly corrected, and accreditation is kept
    current for all air traffic control facilities.
    (b) Reports.--Not later than April 30, 2001, and annually
thereafter through April 30, 2004, the Administrator shall transmit to
the Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Transportation and Infrastructure of the House of
Representatives a report on the progress being made in improving the
physical security of air traffic control facilities, including the
percentage of such facilities that have been granted physical security
accreditation.

SEC. 6. EXPLOSIVES DETECTION EQUIPMENT.

    Section 44903(c)(2) of title 49, United States Code, is amended by
adding at the end the following:
            ``(C) Manual process.--
                ``(i) In general.--The Administrator shall issue an
            amendment to air carrier security programs to require a
            manual process, at explosive detection system screen
            locations in airports where explosive detection equipment
            is underutilized, which will augment the Computer Assisted
            Passenger Prescreening System by randomly selecting
            additional checked bags for screening so that a minimum
            number of bags, as prescribed by the Administrator, are
            examined.
                ``(ii) Limitation on statutory construction.--Clause
            (i) shall not be construed to limit the ability of the
            Administrator to impose additional security measures on an
            air carrier or a foreign air carrier when a specific threat
            warrants such additional measures.
                ``(iii) Maximum use of explosive detection equipment.--
            In prescribing the minimum number of bags to be examined
            under clause (i), the Administrator shall seek to maximize
            the use of the explosive detection equipment.''.

SEC. 7. AIRPORT NOISE STUDY.

    (a) In General.--Section 745 of the Wendell H. Ford Aviation
Investment and Reform Act for the 21st Century (49 U.S.C. 47501 note;
114 Stat. 178) is amended--
        (1) in the section heading by striking ``general accounting
    office'';
        (2) in subsection (a) by striking ``Comptroller General of the
    United States shall'' and inserting ``Secretary shall enter into an
    agreement with the National Academy of Sciences to'';
        (3) in subsection (b)--
            (A) by striking ``Comptroller General'' and inserting
        ``National Academy of Sciences'';
            (B) by striking paragraph (1);
            (C) by adding ``and'' at the end of paragraph (4);
            (D) by striking ``; and'' at the end of paragraph (5) and
        inserting a period;
            (E) by striking paragraph (6); and
            (F) by redesignating paragraphs (2), (3), (4), and (5) as
        paragraphs (1), (2), (3), and (4), respectively;
        (4) by striking subsection (c) and inserting the following:
    ``(c) Report.--Not later than 18 months after the date of the
agreement entered into under subsection (a), the National Academy of
Sciences shall transmit to the Secretary a report on the results of the
study. Upon receipt of the report, the Secretary shall transmit a copy
of the report to the appropriate committees of Congress.
    ``(d) Authorization of Appropriations.--There is authorized to be
appropriated such sums as may be necessary to carry out this
section.''.
    (b) Conforming Amendment.--The table of contents for such Act (114
Stat. 61 et seq.) is amended by striking the item relating to section
745 and inserting the following:
``Sec. 745. Airport noise study.''.

SEC. 8. TECHNICAL AMENDMENTS.

    (a) Federal Aviation Management Advisory Council.--Section
106(p)(2) is amended by striking ``15'' and inserting ``18''.
    (b) National Parks Air Tour Management.--Title VIII of the Wendell
H. Ford Aviation Investment and Reform Act for the 21st Century (49
U.S.C. 40128 note; 114 Stat. 185 et seq.) is amended--
        (1) in section 803(c) by striking ``40126'' each place it
    appears and inserting ``40128'';
        (2) in section 804(b) by striking ``40126(e)(4)'' and inserting
    ``40128(f)''; and
        (3) in section 806 by striking ``40126'' and inserting
    ``40128''.
    (c) Restatement of Provision Without Substantive Change.--Section
41104(b) of title 49, United States Code, is amended--
        (1) by striking paragraph (1) and inserting the following:
        ``(1) In general.--Except as provided in paragraph (3), an air
    carrier, including an indirect air carrier, may not provide, in
    aircraft designed for more than 9 passenger seats, regularly
    scheduled charter air transportation for which the public is
    provided in advance a schedule containing the departure location,
    departure time, and arrival location of the flight unless such air
    transportation is to and from an airport that has an airport
    operating certificate issued under part 139 of title 14, Code of
    Federal Regulations (or any subsequent similar regulation).''; and
        (2) by adding at the end the following:
        ``(3) Exception.--This subsection does not apply to any airport
    in the State of Alaska or to any airport outside the United
    States.''.

SEC. 9. EFFECTIVE DATE.

    Except as otherwise expressly provided, this Act and the amendments
made by this Act shall take effect 30 days after the date of enactment
of this Act.

                               Speaker of the House of Representatives.

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

Output:
(Sec. 2) Amends Federal aviation law to require that a criminal history record check (fingerprint check) be done for any individual applying for a position as a security screener, a screener supervisor, or that will allow unescorted access to an aircraft or a secured area of an airport. Allows such persons during the first three years to work temporarily without a fingerprint check (provided such fingerprints have been submitted and an employment investigation has found no cause for suspicion) for 45 days during the first two years of such three year period, and for 30 days during the third year of such period. Requires all new employees, after the temporary periods, to have a fingerprint check before beginning work. Declares that an employment investigation shall not be required for an individual if a criminal history record check is completed before the individual begins working. Sets forth specified exceptions to the requirements of this Act.
Lists additional crimes in the past ten years preceding an employment investigation for which an individual will be barred from employment in a position as a security screener or a position that will allow unescorted access.
(Sec. 3) Directs the Administrator to issue a final rule on the certification of screening companies.
Establishes new minimum standards for the training of security screeners.
Directs the Administrator to work with air carriers and airports to ensure that computer-based training facilities intended for use by security screeners at an airport are conveniently located and easily accessible.
(Sec. 4) Requires each airport operator, air carrier, and security screening company to include a list of sanctions published by the Administrator in its security program for use as guidelines in the discipline of its employees for infractions of airport access control requirements. Requires the Administrator to work with airport operators and air carriers to improve airport access controls by January 31, 2001.
(Sec. 5) Directs the Administrator to take certain actions to ensure physical security at FAA staffed facilities that house air traffic control systems. Requires the Administrator to report to specified congressional committees on progress made in improving the physical security of air traffic control facilities, including the percentage of such facilities that have been granted physical security accreditation.
(Sec. 6) Directs the Administrator to issue an amendment to air carrier security programs to require a manual process which will increase the number of checked bags that are selected for screening by explosive detection systems.
(Sec. 7) Amends the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century to require the Secretary of Transportation to enter into an agreement with the National Academy of Sciences (currently, the General Accounting Office) to conduct a certain airport noise study. Requires the National Academy of Sciences to report the results of such study to the Secretary.
Authorizes appropriations.
(Sec. 8) Revises the total number of members of the Federal Aviation Management Advisory Council.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Stop Tuberculosis (TB) Now Act of
2007''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Tuberculosis is one of the greatest infectious causes
        of death of adults worldwide, killing 1.6 million people per
        year--one person every 20 seconds.
            (2) One-third of the world's population is infected with
        the tuberculosis bacterium and an estimated 8.8 million
        individuals develop active tuberculosis each year.
            (3) Tuberculosis is the leading infectious killer among
        individuals who are HIV-positive due to their weakened immune
        systems, and it is estimated that one-third of people with HIV
        infection have tuberculosis.
            (4) Today, tuberculosis is a leading killer of women of
        reproductive age.
            (5) There are 22 countries that account for 80 percent of
        the world's burden of tuberculosis. The People's Republic of
        China and India account for 36 percent of all estimated new
        tuberculosis cases each year.
            (6) Driven by the HIV/AIDS pandemic, incidence rates of
        tuberculosis in Africa have more than doubled on average since
        1990. The problem is so pervasive that in August 2005, African
        Health Ministers and the World Health Organization (WHO)
        declared tuberculosis to be an emergency in Africa.
            (7) The wide extent of drug resistance, including both
        multi-drug resistant tuberculosis (MDR-TB) and extensively drug
        resistant tuberculosis (XDR-TB), represents both a critical
        challenge to the global control of tuberculosis and a serious
        worldwide public health threat. XDR-TB, which is characterized
        as being MDR-TB with additional resistance to multiple second-
        line anti-tuberculosis drugs, is associated with worst
        treatment outcomes of any form of tuberculosis. XDR-TB is
        converging with the HIV epidemic, undermining gains in HIV
        prevention and treatment programs and requires urgent
        interventions. Drug resistance surveillance reports have
        confirmed the serious scale and spread of tuberculosis with
        XDR-TB strains confirmed on six continents. Demonstrating the
        lethality of XDR-TB, an initial outbreak in Tugela Ferry, South
        Africa, in 2006 killed 52 of 53 patients with hundreds more
        cases reported since that time. Of the world's regions, sub-
        Saharan Africa, faces the greatest gap in capacity to prevent,
        find, and treat XDR-TB.
            (8) With more than 50 percent of tuberculosis cases in the
        United States attributable to foreign-born individuals and with
        the increase in international travel, commerce, and migration,
        elimination of tuberculosis in the United States depends on
        efforts to control the disease in developing countries. Recent
        research has shown that to invest in tuberculosis control
        abroad, where treatment and program costs are significantly
        cheaper than in the United States, would be a cost-effective
        strategy to reduce tuberculosis-related morbidity and mortality
        domestically.
            (9) The threat that tuberculosis poses for Americans
        derives from the global spread of tuberculosis and the
        emergence and spread of strains of multi-drug resistant
        tuberculosis and extensively drug resistant tuberculosis, which
        are far more deadly, and more difficult and costly to treat.
            (10) DOTS (Directly Observed Treatment Short-course) is one
        of the most cost-effective health interventions available today
        and is a core component of the new Stop TB Strategy.
            (11) The Stop TB Strategy, developed by the World Health
        Organization, builds on the success of DOTS and ongoing
        challenges so as to serve all those in need and reach targets
        for prevalence, mortality, and incidence reduction. The Stop TB
        Strategy includes six components:
                    (A) Pursuing high-quality expansion and enhancement
                of DOTS coverage.
                    (B) Implementing tuberculosis and HIV collaborative
                activities, preventing and controlling multi-drug
                resistant tuberculosis, and addressing other special
                challenges.
                    (C) Contributing to the strengthening of health
                systems.
                    (D) Engaging all health care providers, including
                promotion of the International Standards for
                Tuberculosis Care.
                    (E) Empowering individuals with tuberculosis and
                communities.
                    (F) Enabling and promoting research to develop new
                diagnostics, drugs, vaccines, and program-based
                operational research relating to tuberculosis.
            (12) The Global Plan to Stop TB 2006-2015: Actions for Life
        is a comprehensive plan developed by the Stop TB Partnership
        that sets out the actions necessary to achieve the millennium
        development goal of cutting tuberculosis deaths and disease
        burden in half by 2015 and thus eliminate tuberculosis as a
        global health problem by 2050.
            (13) While innovations such as the Global Tuberculosis Drug
        Facility have enabled low-income countries to treat a standard
        case of tuberculosis with drugs that cost as little as $16 for
        a full course of treatment, there are still millions of
        individuals with no access to effective treatment.
            (14) As the global resource investment in fighting
        tuberculosis increases, partner nations and international
        institutions must commit to a corresponding increase in the
        technical and program assistance necessary to ensure that the
        most effective and efficient tuberculosis treatments are
        provided.
            (15) The Global Fund to Fight AIDS, Tuberculosis and
        Malaria is an important global partnership established to
        combat these three infectious diseases that together kill
        millions of people a year. Expansion of effective tuberculosis
        treatment programs constitutes a major component of Global Fund
        investment, along with integrated efforts to address HIV and
        tuberculosis in areas of high prevalence.
            (16) The United States Agency for International Development
        and the Centers for Disease Control and Prevention are actively
        involved with global tuberculosis control efforts. Because the
        global tuberculosis epidemic directly impacts tuberculosis in
        the United States, Congress has urged the Centers for Disease
        Control and Prevention each year to increase its involvement
        with international tuberculosis control efforts.
            (17) The United States Agency for International Development
        is the lead United States Government agency for international
        tuberculosis efforts, working in close partnership with the
        Centers for Disease Control and Prevention and with the
        President's Emergency Plan for HIV/AIDS Relief. The goal of the
        United States Agency for International Development is to
        contribute to the global reduction of morbidity and mortality
        associated with tuberculosis by building country capacity to
        prevent and cure tuberculosis and achieve global targets of 70
        percent case detection and 85 percent treatment success rates.
        The United States Agency for International Development provides
        support for tuberculosis programs in countries that have a high
        burden of tuberculosis, a high prevalence of tuberculosis and
        HIV, and a high risk of MDR-TB.

SEC. 3. ASSISTANCE TO COMBAT TUBERCULOSIS.

    (a) Policy.--Subsection (b) of section 104B of the Foreign
Assistance Act of 1961 (22 U.S.C. 2151b-3) is amended to read as
follows:
    ``(b) Policy.--It is a major objective of the foreign assistance
program of the United States to control tuberculosis. In all countries
in which the Government of the United States has established
development programs, particularly in countries with the highest burden
of tuberculosis and other countries with high rates of tuberculosis,
the United States Government should prioritize the achievement of the
following goals by not later than December 31, 2015:
            ``(1) Reduce by half the tuberculosis death and disease
        burden from the 1990 baseline.
            ``(2) Sustain or exceed the detection of at least 70
        percent of sputum smear-positive cases of tuberculosis and the
        cure of at least 85 percent of those cases detected.''.
    (b) Authorization.--Subsection (c) of such section is amended--
            (1) in the heading, by striking ``Authorization'' and
        inserting ``Assistance Required''; and
            (2) by striking ``is authorized to'' and inserting
        ``shall''.
    (c) Priority To Stop TB Strategy.--Subsection (e) of such section
is amended--
            (1) in the heading, to read as follows: ``Priority To Stop
        TB Strategy.--'';
            (2) in the first sentence, by striking ``In furnishing''
        and all that follows through ``, including funding'' and
        inserting the following:
            ``(1) Priority.--In furnishing assistance under subsection
        (c), the President shall give priority to--
                    ``(A) activities described in the Stop TB Strategy,
                including expansion and enhancement of DOTS coverage,
                treatment for individuals infected with both
                tuberculosis and HIV and treatment for individuals with
                multi-drug resistant tuberculosis (MDR-TB),
                strengthening of health systems, use of the
                International Standards for Tuberculosis Care by all
                providers, empowering individuals with tuberculosis,
                and enabling and promoting research to develop new
                diagnostics, drugs, and vaccines, and program-based
                operational research relating to tuberculosis; and
                    ``(B) funding''; and
            (3) in the second sentence--
                    (A) by striking ``In order to'' and all that
                follows through ``not less than'' and inserting the
                following:
            ``(2) Availability of amounts.--In order to meet the
        requirements of paragraph (1), the President--
                    ``(A) shall ensure that not less than'';
                    (B) by striking ``for Directly Observed Treatment
                Short-course (DOTS) coverage and treatment of multi-
                drug resistant tuberculosis using DOTS-Plus,'' and
                inserting ``to implement the Stop TB Strategy; and'';
                and
                    (C) by striking ``including'' and all that follows
                and inserting the following:
                    ``(B) should ensure that not less than $15,000,000
                of the amount made available to carry out this section
                for a fiscal year is used to make a contribution to the
                Global Tuberculosis Drug Facility.''.
    (d) Assistance for WHO and the Stop Tuberculosis Partnership.--Such
section is further amended--
            (1) by redesignating subsection (f) as subsection (g); and
            (2) by inserting after subsection (e) the following new
        subsection:
    ``(f) Assistance for WHO and the Stop Tuberculosis Partnership.--In
carrying out this section, the President, acting through the
Administrator of the United States Agency for International
Development, is authorized to provide increased resources to the World
Health Organization (WHO) and the Stop Tuberculosis Partnership to
improve the capacity of countries with high rates of tuberculosis and
other affected countries to implement the Stop TB Strategy and specific
strategies related to addressing extensively drug resistant
tuberculosis (XDR-TB).''.
    (e) Definitions.--Subsection (g) of such section, as redesignated
by subsection (d)(1), is amended--
            (1) in paragraph (1), by adding at the end before the
        period the following: ``, including low cost and effective
        diagnosis and evaluation of treatment regimes, vaccines, and
        monitoring of tuberculosis, as well as a reliable drug supply,
        and a management strategy for public health systems, with
        health system strengthening, promotion of the use of the
        International Standards for Tuberculosis Care by all care
        providers, bacteriology under an external quality assessment
        framework, short-course chemotherapy, and sound reporting and
        recording systems''; and
            (2) by adding after paragraph (5) the following new
        paragraph:
            ``(6) Stop tb strategy.--The term `Stop TB Strategy' means
        the six-point strategy to reduce tuberculosis developed by the
        World Health Organization. The strategy is described in the
        Global Plan to Stop TB 2007-2016: Actions for Life, a
        comprehensive plan developed by the Stop Tuberculosis
        Partnership that sets out the actions necessary to achieve the
        millennium development goal of cutting tuberculosis deaths and
        disease burden in half by 2016.''.
    (f) Annual Report.--Clause (iii) of section 104A(e)(2)(C) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2151b-2(e)(2)(C)) is amended
by adding at the end before the semicolon the following: ``, including
the percentage of such United States foreign assistance provided for
diagnosis and treatment of individuals with tuberculosis in countries
with the highest burden of tuberculosis, as determined by the World
Health Organization (WHO)''.
    (g) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated to
        the President not more than $400,000,000 for fiscal year 2008
        and not more than $550,000,000 for fiscal year 2009 to carry
        out section 104B of the Foreign Assistance Act of 1961 (22
        U.S.C. 2151b-3), as amended by subsections (a) through (e) of
        this section.
            (2) Funding for cdc.--Of the amounts appropriated pursuant
        to the authorization of appropriations under paragraph (1), not
        more than $70,000,000 for fiscal year 2008 and not more than
        $100,000,000 for fiscal year 2009 shall be made available for
        the purpose of carrying out global tuberculosis activities
        through the Centers for Disease Control and Prevention.
            (3) Additional provisions.--Amounts appropriated pursuant
        to the authorization of appropriations under paragraph (1) and
        amounts made available pursuant to paragraph (2)--
                    (A) are in addition amounts otherwise made
                available for such purposes; and
                    (B) are authorized to remain available until
                expended.

            Passed the House of Representatives November 5, 2007.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.

Output:
Stop Tuberculosis (TB) Now Act of 2007 - Amends the Foreign Assistance Act of 1961 to require the President to furnish assistance for tuberculosis (TB) prevention, treatment, and elimination.(Current law authorizes such assistance.)

Gives priority to activities described in the Stop TB Strategy (as defined by this Act). Revises related fund use provisions.

Authorizes the President, through the United States Agency for International Development (USAID), to provide increased resources to the World Health Organization (WHO) and the Stop Tuberculosis Partnership to improve the capacity of countries with high TB rates and other affected countries to implement the Stop TB Strategy and specific strategies related to addressing drug resistant tuberculosis (XDR-TB).

Authorizes: (1) FY2008-FY2009 appropriations for the President to carry activities to combat tuberculosis; and (2) set-asides from such amounts for global tuberculosis activities by the Centers for Disease Control and Prevention (CDC).


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Tobacco Advertising and Promotion
Studies Act of 1994''.

SEC. 2. FINDINGS.

    (a) Advertising.--The Congress makes the following findings
respecting advertising of tobacco products:
            (1) The tobacco industry spends over $4 billion annually to
        advertise and promote cigarette products.
            (2) Since 1964, the tobacco industry has had a voluntary
        advertising code which it claims was implemented to
        sufficiently ensure against children and teenagers being
        encouraged to smoke cigarettes and which, according to the
        tobacco industry, prohibits the advertising of cigarette
        products from making implied or direct health claims.
            (3) The voluntary advertising code which the tobacco
        industry claims is a sufficient safeguard against improper
        advertising and marketing practices recommends that cigarette
        advertising shall not suggest that cigarette smoking is
        ``essential'' to sexual attraction, success, sophistication, or
        good health and that models in cigarette advertisements shall
        be at least 25 years of age and shall not be made to appear
        under such age.
            (4) Despite the existence of, and alleged compliance by the
        tobacco industry with, the voluntary advertising code, a number
        of studies have shown that cigarette advertising may be an
        important factor in encouraging youth, women, and minorities to
        take up the cigarette smoking habit and may reinforce decisions
        to continue to smoke.
    (b) Women.--The Congress makes the following findings respecting
women and tobacco:
            (1) The fastest growing sector of smokers in the United
        States are women under the age of 23. Approximately 2,000 girls
        and young women smoke their first cigarette every day.
            (2) It is expected that between the years 2005 and 2010,
        the number of women dying from smoking related diseases will
        exceed the number of men so dying.
            (3) Each year tobacco kills more than 147,000 women in the
        United States, mostly through cigarette smoking induced heart
        disease, lung cancer, and other lung diseases.
            (4) As smoking by women has increased, lung cancer in women
        has skyrocketed. In 1987 lung cancer surpassed breast cancer as
        the leading cancer killer of women.
            (5) Women who smoke as little as 1 to 4 cigarettes each day
        increase their risk of heart attack by 2 to 3 times.
            (6) In 1991 for the first time in more than a decade the
        prevalence of smoking among women actually increased rather
        than decreased.
            (7) Women who smoke cigarettes during pregnancy increase
        the risk for low birth weight and premature infants,
        miscarriage, stillbirths, sudden infant death syndrome, and
        infant mortality.
            (8) Pregnant women who smoke deliver babies an average of
        one-half inch shorter and 7 ounces lighter than the babies of
        nonsmoking mothers. There is a 25 to 50 percent higher rate of
        fetal and infant death among women who smoke during pregnancy
        compared with those who do not smoke. It is estimated that
        4,000 infants die each year because of their mother's smoking.
            (9) Approximately 44 percent of all women who currently
        smoke have attempted to quit smoking in the past year.
            (10) Cigarette smoking increases women's risk of
        contracting cervical cancer.
    (c) Minorities.--The Congress makes the following findings
respecting minorities and tobacco:
            (1) Tobacco use by African-Americans is responsible for
        nearly 48,000 deaths each year in the United States.
            (2) Tobacco companies aggressively target members of the
        African-American community and the growing Hispanic population,
        particularly in the urban, inner-city environment.
            (3) As of 1991, 29.2 percent of African-American adults
        (aged 18 and older) smoked cigarettes, including 35.1 percent
        of African-American men and 24.4 percent of African-American
        women.
            (4) As of 1991, 16 percent of Asian/Pacific Islander adults
        (aged 18 and older) smoked cigarettes, including 24.2 percent
        of Asian/Pacific Islander men and 7.5 percent of Asian/Pacific
        Islander women.
            (5) As of 1991, 31.4 percent of American Indian/Alaskan
        Natives adults (aged 18 and older) smoked cigarettes, including
        27.9 percent of American Indian/Alaskan Natives men and 35.2
        percent of American Indian/Alaskan Natives women.
            (6) As of 1991, 20.2 percent of Hispanic adults (aged 18
        and older) smoked cigarettes, including 25.2 percent of
        Hispanic men and 15.5 percent of Hispanic women.
            (7) African Americans suffer from tobacco-related disease
        at a higher rate than whites, including a higher incidence of
        respiratory system, esophagus, and oral cavity cancers.
            (8) Lung cancer is increasing among Hispanic men.

SEC. 3. TOBACCO ADVERTISING STUDIES.

    (a) Studies.--The Federal Trade Commission shall conduct the
following studies which should be based on existing studies and on
significant original market research:
            (1) Women and minorities.--A study of current tobacco
        advertising to determine--
                    (A) if and in what forms such advertising and
                promotion uses themes, graphics, and techniques which
                are likely to appeal specifically to (i) girls and
                women and (ii) minorities in ways that make smoking
                attractive to them, and
                    (B) whether targeting girls, women, and minorities
                increases tobacco use.
        In connection with such study, advertising of alcoholic
        beverages shall be reviewed to determine the extent to which
        such advertising targets girls and women and minorities.
            (2) Weight loss and maintenance.--
                    (A) In general.--A study of current cigarette
                advertising and promotion to investigate the targeting
                of girls and women in cigarette advertising and
                promotion and tobacco companies' use of messages in
                their advertising and promotion, explicitly or
                implicitly, concerning weight loss and weight
                maintenance, the wording and overall imagery used in
                such advertising and promotion and its impact on girls
                and women, and the perception of girls and women,
                including smokers and non-smokers, of the relation
                between the use of tobacco and weight control and
                maintenance.
                    (B) Terms and imagery.--In conducting the study
                under subparagraph (A), the Federal Trade Commission
                shall examine the following:
                            (i) Whether women interpret the use of the
                        terms ``slim'', ``light'', ``thin'',
                        ``superslim'', and related terms and the shape
                        of cigarettes employing such terms as implying
                        that cigarette smoking results in weight loss
                        or weight maintenance.
                            (ii) Whether girl's and women's
                        interpretation of such terms and imagery
                        accurately reflects the actual effect of
                        cigarette smoking on weight. In particular,
                        whether girls and women are knowledgeable about
                        the transient and reversible nature of any
                        smoking induced weight loss, the precise
                        magnitude of weight loss which may be
                        experienced upon the taking up of smoking, and
                        the precise magnitude of weight gain which may
                        be experienced upon smoking cessation.
                            (iii) The relative impact of cigarette
                        smoking on the health of girls and women and
                        whether or not girls and women are
                        knowledgeable about the impact of smoking on
                        their health.
                            (iv) Whether the Federal Trade Commission
                        has authority to take action with respect to
                        advertising and promotion using such terms and
                        imagery.
                            (v) To the extent that the Federal Trade
                        Commission does not have the authority to take
                        needed action, what legislation is needed to
                        enable the Commission to take action necessary
                        to fully remedy the study's findings.
            (3) Low yield tobacco products.--
                    (A) In general.--A study of current cigarette
                advertising and promotion to investigate the apparent
                targeting of girls and women and tobacco companies use
                of messages concerning so called low tar/low nicotine
                cigarettes (hereafter in this paragraph referred to as
                ``low yield cigarettes''). This shall include the
                wording and overall imagery used in advertising and
                promotion for low yield cigarettes and the impact of
                such advertising and promotion on both male and female
                user's perception of the relative risk of smoking such
                cigarettes as opposed to the smoking of non low yield
                cigarettes or quitting smoking.
                    (B) Terms.--In conducting the study under
                subparagraph (A), the Federal Trade Commission shall
                examine the following:
                            (i) Whether men and women tend to interpret
                        messages and imagery used in the advertising
                        and promotion of low yield cigarettes to
                        indicate that smoking such cigarettes is less
                        hazardous than smoking other cigarettes. The
                        Commission shall look at consumer's perception
                        of a wide range of health risks, including
                        cardiovascular disease, lung and other cancers,
                        pulmonary diseases, risks during pregnancy,
                        risk of environmental tobacco smoke exposure to
                        surrounding individuals, and other risks and
                        attempt to quantify the degree of risk
                        reduction perceived by the reasonable consumer.
                        In addition, the Commission shall examine
                        whether the perception of male and female
                        smokers differ in this regard.
                            (ii) Whether men's and women's
                        interpretation of the wording and imagery used
                        in advertising and promotion of low yield
                        cigarettes, as determined under clause (i),
                        accurately reflects the health hazards of
                        cigarettes.
                            (iii) Whether men and women who smoke are
                        likely to be influenced to smoke low yield
                        cigarettes rather than quit smoking because of
                        the advertising and promotion of such
                        cigarettes. In this regard, the Commission
                        shall examine whether smokers tend to differ
                        according to whether or not they report being
                        concerned about smoking's negative impact on
                        their health and whether male and female
                        smokers tend to differ from each other in this
                        regard.
                            (iv) The relative likely impact of smoking
                        of low yield cigarettes on men's and women's
                        health relative to quitting smoking.
                            (v) Whether the Federal Trade Commission
                        has the authority to take action with respect
                        to advertising and promotion of low yield
                        cigarettes.
                            (vi) To the extent that the Commission does
                        not have the authority to take needed action,
                        what legislation is needed to enable the
                        Commission to take action necessary to fully
                        remedy the study's findings.
            (4) Demographics.--
                    (A) In general.--A study of the demographics of
                targeted audiences of cigarette advertising and
                promotions which appear to be targeted at girls, women,
                and minorities, including the age, gender, race,
                ethnicity, and socio-economic groups of the girls,
                women, and minorities and, in the case of minorities,
                the demographics of such advertising and promotions for
                smokeless tobacco products.
                    (B) Focus.--In conducting the study under
                subparagraph (A), the Federal Trade Commission shall
                identify--
                            (i) the media used to apparently target the
                        groups described in subparagraph (A), including
                        the types of publications used with their
                        demographic profile, including the demographic
                        profile of readers under the age of 18,
                            (ii) the types of promotions used, giving
                        information about specific venues, and
                            (iii) the amount of money spent in each
                        category.
    (b) Report.--The Federal Trade Commission shall complete each of
the studies identified in subsection (a) not later than 9 months after
the date of the enactment of this Act and shall, not later than 12
months after such date, report to the Congress--
            (1) the results of such studies,
            (2) whether the Federal Trade Commission has the authority
        to take action on the study's findings,
            (3) any actions the Commission proposes to take on the
        basis of such findings, and
            (4) to the extent that the Commission does not have the
        authority to take needed action, what legislation is needed to
        enable the Commission to take action necessary to fully remedy
        the study's findings.

Output: Tobacco Advertising and Promotion Studies Act of 1994 - Directs the Federal Trade Commission to study and report to the Congress on specified aspects of tobacco advertising and promotion targeted at women and certain ethnic groups.


Input:
SECTION 1. PROPERTY SUBJECT TO A LIABILITY TREATED IN SAME MANNER AS
              ASSUMPTION OF LIABILITY.

    (a) Repeal of Property Subject to a Liability Test.--
            (1) Section 357.--Section 357(a)(2) of the Internal Revenue
        Code of 1986 (relating to assumption of liability) is amended
        by striking ``, or acquires from the taxpayer property subject
        to a liability''.
            (2) Section 358.--Section 358(d)(1) of such Code (relating
        to assumption of liability) is amended by striking ``or
        acquired from the taxpayer property subject to a liability''.
            (3) Section 368.--
                    (A) Section 368(a)(1)(C) of such Code is amended by
                striking ``, or the fact that property acquired is
                subject to a liability,''.
                    (B) The last sentence of section 368(a)(2)(B) of
                such Code is amended by striking ``, and the amount of
                any liability to which any property acquired from the
                acquiring corporation is subject,''.
    (b) Clarification of Assumption of Liability.--
            (1) In general.--Section 357 of the Internal Revenue Code
        of 1986 is amended by adding at the end the following new
        subsection:
    ``(d) Determination of Amount of Liability Assumed.--
            ``(1) In general.--For purposes of this section, section
        358(d), section 362(d), section 368(a)(1)(C), and section
        368(a)(2)(B), except as provided in regulations--
                    ``(A) a recourse liability (or portion thereof)
                shall be treated as having been assumed if, as
                determined on the basis of all facts and circumstances,
                the transferee has agreed to, and is expected to,
                satisfy such liability (or portion), whether or not the
                transferor has been relieved of such liability; and
                    ``(B) except to the extent provided in paragraph
                (2), a nonrecourse liability shall be treated as having
                been assumed by the transferee of any asset subject to
                such liability.
            ``(2) Exception for nonrecourse liability.--The amount of
        the nonrecourse liability treated as described in paragraph
        (1)(B) shall be reduced by the lesser of--
                    ``(A) the amount of such liability which an owner
                of other assets not transferred to the transferee and
                also subject to such liability has agreed with the
                transferee to, and is expected to, satisfy, or
                    ``(B) the fair market value of such other assets
                (determined without regard to section 7701(g)).
            ``(3) Regulations.--The Secretary shall prescribe such
        regulations as may be necessary to carry out the purposes of
        this subsection and section 362(d). The Secretary may also
        prescribe regulations which provide that the manner in which a
        liability is treated as assumed under this subsection is
        applied, where appropriate, elsewhere in this title.''
            (2) Limitation on basis increase attributable to assumption
        of liability.--Section 362 of such Code is amended by adding at
        the end the following new subsection:
    ``(d) Limitation on Basis Increase Attributable to Assumption of
Liability.--
            ``(1) In general.--In no event shall the basis of any
        property be increased under subsection (a) or (b) above the
        fair market value of such property (determined without regard
        to section 7701(g)) by reason of any gain recognized to the
        transferor as a result of the assumption of a liability.
            ``(2) Treatment of gain not subject to tax.--Except as
        provided in regulations, if--
                    ``(A) gain is recognized to the transferor as a
                result of an assumption of a nonrecourse liability by a
                transferee which is also secured by assets not
                transferred to such transferee; and
                    ``(B) no person is subject to tax under this title
                on such gain,
        then, for purposes of determining basis under subsections (a)
        and (b), the amount of gain recognized by the transferor as a
        result of the assumption of the liability shall be determined
        as if the liability assumed by the transferee equaled such
        transferee's ratable portion of such liability determined on
        the basis of the relative fair market values (determined
        without regard to section 7701(g)) of all of the assets subject
        to such liability.''.
    (c) Application to Provisions Other Than Subchapter C.--
            (1) Section 584.--Section 584(h)(3) of the Internal Revenue
        Code of 1986 is amended--
                    (A) by striking ``, and the fact that any property
                transferred by the common trust fund is subject to a
                liability,'' in subparagraph (A); and
                    (B) by striking clause (ii) of subparagraph (B) and
                inserting:
                            ``(ii) Assumed liabilities.--For purposes
                        of clause (i), the term `assumed liabilities'
                        means any liability of the common trust fund
                        assumed by any regulated investment company in
                        connection with the transfer referred to in
                        paragraph (1)(A).
                    ``(C) Assumption.--For purposes of this paragraph,
                in determining the amount of any liability assumed, the
                rules of section 357(d) shall apply.''
            (2) Section 1031.--The last sentence of section 1031(d) of
        such Code is amended--
                    (A) by striking ``assumed a liability of the
                taxpayer or acquired from the taxpayer property subject
                to a liability'' and inserting ``assumed (as determined
                under section 357(d)) a liability of the taxpayer'';
                and
                    (B) by striking ``or acquisition (in the amount of
                the liability)''.
    (d) Conforming Amendments.--
            (1) Section 351(h)(1) of the Internal Revenue Code of 1986
        is amended by striking ``, or acquires property subject to a
        liability,''.
            (2) Section 357 of such Code is amended by striking ``or
        acquisition'' each place it appears in subsection (a) or (b).
            (3) Section 357(b)(1) of such Code is amended by striking
        ``or acquired''.
            (4) Section 357(c)(1) of such Code is amended by striking
        ``, plus the amount of the liabilities to which the property is
        subject,''.
            (5) Section 357(c)(3) of such Code is amended by striking
        ``or to which the property transferred is subject''.
            (6) Section 358(d)(1) of such Code is amended by striking
        ``or acquisition (in the amount of the liability)''.
    (e) Effective Date.--The amendments made by this section shall
apply to transfers after October 18, 1998.

Output: Amends the Internal Revenue Code to revise provisions concerning a corporation, its shareholders, and the transferring of certain assets and liabilities.


Input:
SECTION 1. PATENT TERM RESTORATION REVIEW PROCEDURE FOR CERTAIN DRUG
              PRODUCTS.

    (a) Short Title.--This Act may be cited as the ``Drug Patent Term
Restoration Review Procedure Act of 1999''.
    (b) Patent Term Restoration.--
            (1) In general.--Chapter 14 of title 35, United States
        Code, is amended by inserting after section 155A the following
        new section:
``Sec. 155B. Patent term restoration review procedure for certain drug
              products
    ``(a) Definitions.--For purposes of this section--
            ``(1) the term `Commissioner' means the Commissioner of
        Patents and Trademarks; and
            ``(2) the term `drug product' has the meaning given that
        term under section 156(f)(2)(A), but does not include drugs or
        products described under section 156(f)(2)(B).
    ``(b) Special Patent Term Review Procedure.--
            ``(1) In general.--
                    ``(A) Patent restored.--The term of any patent
                described under subparagraph (B) shall be restored
                under paragraph (3) from the expiration date determined
                under section 154 (including any extension granted
                under section 156), if the Commissioner determines that
                the standards under paragraph (2) have been met.
                    ``(B) Patent.--Subparagraph (A) refers to any
                patent that--
                            ``(i) has been extended under section 156,
                        subject to the 2-year limitation described
                        under section 156(g)(6)(c);
                            ``(ii) is in force on--
                                    ``(I) September 24, 1984;
                                    ``(II) the date of enactment of
                                this section; and
                                    ``(III) the date of filing an
                                application under this section; and
                            ``(iii) claims a drug product, a method of
                        using a drug product, or a method of
                        manufacturing a drug product.
            ``(2) Standards.--
                    ``(A) In general.--Upon application by the owner of
                record of the patent or its agent under paragraph (5)
                and consideration of the application and all materials
                submitted by parties that would be aggrieved by grant
                of the restoration of a patent, the term of a patent
                described in paragraph (1) shall be restored if the
                Commissioner determines that--
                            ``(i) the period set forth in section
                        156(g)(1)(B)(ii) for the drug product exceeded
                        60 months;
                            ``(ii) the owner of record of the patent or
                        its agent has established by clear and
                        convincing evidence that the patent owner acted
                        with due diligence (as such term is defined in
                        section 156(d)(3) and applied in section
                        156(d)(2)) during the regulatory review period
                        referred to in section 156(g)(1)(B); and
                            ``(iii) granting the patent restoration
                        would not be detrimental to the public interest
                        and the interest of fairness, as defined by the
                        factors set forth in paragraph (7).
                    ``(B) Determination.--
                            ``(i) Deduction of time.--If the
                        Commissioner determines there is substantial
                        evidence that the patent owner did not act with
                        due diligence during a part of the regulatory
                        review period, that part shall be deducted from
                        the total amount of time in the applicable
                        regulatory review period referred to in section
                        156(g)(1)(B), and the resulting period, shall
                        be the basis for calculating the patent
                        restoration term under paragraph (3) of this
                        subsection.
                            ``(ii) FDA consultation.--The Food and Drug
                        Administration shall be consulted with respect
                        to the Commissioner's determinations under
                        subparagraph (A) (i), (ii), and (iii). If there
                        is a dispute concerning the underlying facts
                        between the patent owner and the Food and Drug
                        Administration, the Food and Drug
                        Administration shall make the relevant records
                        of the Administration available to the
                        Commissioner.
            ``(3) Restoration term.--If the Commissioner determines
        that the standards in paragraph (2) have been met for a patent,
        the term of such patent shall be restored for a period equal to
        the regulatory review period as defined in section 156(g)(1)(B)
        (taking into account any deduction under paragraph (2)(B)(i)),
        without taking into account the 2-year limitation described in
        section 156(g)(6)(C), except that--
                    ``(A) the total of the period of the patent term
                restoration granted under this section and any patent
                term extension previously granted under section 156
                shall be subject to the time period limitations
                described in section 156(c)(2)-156 (c)(4) and
                (g)(6)(A); and
                    ``(B) any patent term extension previously granted
                under section 156 shall be subtracted from the period
                of the patent term restoration granted under this
                subsection.
            ``(4) Infringement.--During the period of any restoration
        granted under this subsection, the rights derived from a patent
        the term of which is restored shall be determined in accordance
        with sections 156(b) and 271.
            ``(5) Procedure.--
                    ``(A) Time for filing.--Any application under this
                section shall be filed with the Commissioner within 90
                days after the date of enactment of this section.
                    ``(B) Filing.--Upon submission of an application to
                the Commissioner by the owner of record of a patent
                referred to in paragraph (1) or its agent for a
                determination in accordance with paragraph (3)--
                            ``(i) the Commissioner shall publish within
                        30 days after the submission in the Federal
                        Register a notice of receipt of an application
                        and make the application available to the
                        public upon request;
                            ``(ii) any interested party may submit
                        comments on the application within the 60-day
                        period beginning on the date of publication of
                        the notice;
                            ``(iii) within 7 days following the
                        expiration of that 60-day period, the
                        Commissioner shall forward a copy of all
                        comments received to the applicant, who shall
                        be entitled to submit a response to such
                        comments to the Commissioner within 45 days
                        after receipt of such comments;
                            ``(iv) within 30 days following receipt of
                        the applicant's response to comments or, if
                        there are no such comments, within 30 days
                        following expiration of the 60-day comment
                        period, the Commissioner shall, in writing--
                                    ``(I) determine whether to grant
                                the application; and
                                    ``(II) make specific findings
                                regarding the criteria set forth in
                                paragraph (2) (including, where
                                appropriate, findings regarding the
                                public interest and fairness factors
                                set forth in paragraph (7)); and
                            ``(v) if the Commissioner determines that
                        the standards set forth in paragraph (2) have
                        been met, the Commissioner shall--
                                    ``(I) issue to the applicant a
                                certificate of restoration, under seal,
                                for the period prescribed under
                                paragraph (3); and
                                    ``(II) record the certificate in
                                the official file of the patent, which
                                certificate shall be in effect from the
                                date it issues and shall be considered
                                a part of the original patent.
                    ``(C) Patent term during review.--If the term of a
                patent for which an application has been submitted
                under this section would expire before a determination
                to issue a certificate of restoration is made under
                subparagraph (B), the Commissioner may extend, until
                such determination is made (but not to exceed 1 year)
                the term of the patent if the Commissioner determines
                that the patent likely would be eligible for
                restoration.
                    ``(D) Record and review.--The Commissioner's
                determination under subparagraph (B)(iv) shall be based
                solely on the record developed under this subsection.
                Except as provided in section 141, the Commissioner's
                determination shall not be reviewable in any court.
            ``(6) Application fee.--The applicant shall pay a fee for
        an application made under this subsection which shall be
        determined in accordance with the same criteria as the fees
        established under section 156(h).
            ``(7) Public interest and fairness.--When required to make
        a determination under paragraph (2)(A)(iii), the Commissioner
        shall consider each of the following factors and shall not rely
        solely on any single factor:
                    ``(A) Whether grant of the application would result
                in the public having no other commercially available
                alternatives to treat the same disease or condition as
                the drug claimed in the patent that is the subject of
                the patent term restoration request.
                    ``(B) Whether grant of the application would
                disserve society's interest in the availability of
                innovative drugs at competitive prices.
                    ``(C) Whether denial of the application would
                disserve society's interest in encouraging and
                rewarding pharmaceutical research and innovation.
                    ``(D) Whether denial of the application would be
                unfair to the applicant, in comparison to others who
                have experienced the benefits of a 5-year patent
                restoration under section 156 while experiencing
                similar regulatory review delays.
                    ``(E) Whether other manufacturers, before the date
                of enactment of this section, have submitted
                applications under sections 505(b)(2) or (j) of the
                Federal Food, Drug, and Cosmetic Act that are
                sufficiently complete to permit substantive review and
                have made substantial investments to manufacture a
                generic version of the particular drug that is the
                subject of the patent term restoration application,
                which would not receive the compensation specified
                under subsection (e) of the Drug Patent Term
                Restoration Review Procedure Act of 1999.''.
            (2) Technical and conforming amendment.--The table of
        sections for chapter 14 of title 35, United States Code, is
        amended by inserting after the item relating to section 155A
        the following:

``155B. Patent term restoration review procedure for certain drug
                            products.''.
    (c) Appeal of Determinations of the Commissioner.--Section 141 of
title 35, United States Code, is amended by adding at the end the
following: ``The applicant under section 155B, or any aggrieved party
that made a submission commenting on an application under section 155B,
may appeal the determination of the Commissioner under such section to
the United States Court of Appeals for the Federal Circuit.''.
    (d) Court Jurisdiction.--
            (1) Court of appeals for the federal circuit.--Section
        1295(a)(4) of title 28, United States Code, is amended--
                    (A) in subparagraph (B), by striking ``or'' after
                the semicolon;
                    (B) in subparagraph (C), by adding ``or'' after the
                semicolon; and
                    (C) by inserting after subparagraph (C) the
                following:
                    ``(D) the Commissioner of Patents and Trademarks
                under section 155B of title 35;''.
            (2) Jurisdiction based on infringement of patent.--Section
        271(e) of title 35, United States Code, is amended by adding at
        the end the following:
            ``(5) In any action brought under paragraph (2) involving a
        patent, the term of which has been restored under section 155B,
        the alleged infringer shall have the right to seek compensation
        under subsection (e) of the Drug Patent Term Restoration Review
        Procedure Act of 1999.''.
    (e) Compensation.--
            (1) In general.--In the event a person has submitted an
        application described in section 505(b)(2) or 505(j) of the
        Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(b)(2),(j))
        for a drug product covered by a patent for which a patent term
        restoration was provided under section 155B of title 35, United
        States Code (as added by subsection (a)(1)) and such
        application has been found by the Food and Drug Administration
        on or before the date of the enactment of this section to be
        sufficiently complete to permit substantive review, such person
        shall be entitled to compensation of $2,000,000 by the patent
        owner. Any holder of a Type II Drug Master File that has
        permitted a reference to its Type II Drug Master File to be
        made in such application shall be entitled to compensation of
        $1,000,000 by the patent owner.
            (2) Limits on liability.--A patent owner shall not be
        required to make under paragraph (1) payments exceeding--
                    (A) $10,000,000 to persons submitting applications
                described in such paragraph, or
                    (B) $5,000,000 to holders of Type II Drug Master
                Files.
        If the aggregate limits are insufficient to pay the applicants
        or holders the full amounts specified in paragraph (1), each
        such applicant or holder shall be paid its per capita share of
        the aggregate liability imposed by paragraph (1) upon the
        patent holder.
    (f) Effect of Filing of Abbreviated Applications.--The fact that 1
or more abbreviated applications have been filed under section 505 (b)
or (j) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355 (b)
or (j)) for approval of a drug product, which is covered by a patent
that is the subject of an application for term restoration under this
section, shall not preclude the grant of such term restoration.
    (g) Report to Congress.--Not later than 1 year after the effective
date of this section, the Commissioner of Patents and Trademarks
shall--
            (1) submit to Congress a report evaluating the patent term
        restoration review procedure established under this section;
        and
            (2) include in such report a recommendation whether
        Congress should consider establishing such a patent term
        restoration review procedure for other patents.
    (h) Effective Date.--This section shall take effect on the date of
enactment of this section and an owner of record of a patent referred
to under section 155B(b)(1) of title 35, United States Code (as added
by this section); or an agent of the owner shall be immediately
eligible on such a date to submit an application to the Commissioner
for a determination in accordance with subsection (b)(3) of such
section.

SEC. 2. AMENDMENTS TO THE FEDERAL FOOD, DRUG, AND COSMETIC ACT.

    (a) Limitation on Use of Patents to Prevent ANDA Approval.--
            (1) Application.--Section 505(b)(2) of the Federal Food,
        Drug, and Cosmetic Act (21 U.S.C. 355(b)(2)) is amended by
        adding at the end the following:
``For an approved product claimed in a patent, the term of which has
been restored pursuant to section 155B of title 35, United States Code,
the certification required by subparagraph (A) is limited to any patent
that claims an active ingredient, including any salt or ester of the
active ingredient, of the approved product, alone or in combination
with another active ingredient.''.
            (2) Abbreviated application.--Section 505(j)(2)(A) of the
        Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(2)(A))
        is amended by adding at the end the following:
``For an approved product claimed in a patent, the term of which has
been restored pursuant to section 155B of title 35, United States Code,
the certification required by clause (vii) is limited to any patent
that claims an active ingredient, including any salt or ester of the
active ingredient, of the approved product, alone or in combination
with another active ingredient.''.
    (b) Exclusivity for Generic Drug.--Section 505(j)(5)(B)(iv) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(5)(B)(iv)) is
amended by inserting after ``containing such certification'' the
following: ``and for which an action for infringement of a patent which
is the subject of such a certification has been brought before the
expiration of 45 days from the date of the notice provided under
paragraph (2)(B)(i) is received''.

Output:
(Sec. 1) Defines such standards as: (1) a regulatory review period from application submission to application approval exceeding 60 months; (2) clear and convincing evidence by the owner of record of the patent (or its agent) that the patent owner acted with due diligence; and (3) absence of any detriment by the granting of patent restoration to the public interest and the interest of fairness. Requires subtraction from the total amount of the restoration term of any time during the regulatory review period during which the Commissioner finds that the applicant for patent term restoration did not act with due diligence.
Limits a restoration period, together with any extension period, and subject to other specified restrictions and adjustments, to five years.
Requires restoration term applications to be filed within 90 days after enactment of this Act.
Specifies factors of public interest and fairness the Commissioner shall consider when making a term restoration determination, including whether: (1) grant of the application would disserve society's interest in the availability of innovative drugs at competitive prices; or (2) denial of the application would disserve society's interest in encouraging and rewarding pharmaceutical research and innovation.
Provides for: (1) claim determination procedure; (2) a one-year extension of the patent term pending final disposition; and (3) appeal of the Commissioner's determinations to the U.S. Court of Appeals for the Federal Circuit only.
Entitles to compensation by the patent owner of any person who has submitted an new drug application under the Federal Food, Drug, and Cosmetic Act for a drug product covered by a patent for which a patent term was restored under this Act, if such application has been found by the Food and Drug Administration on or before enactment of this Act to be sufficiently complete to permit substantive review. Sets the amount of compensation at: (1) $2 million; or (2) $1 million for any holder of a Type II Drug Master File that has permitted a reference to its File to be made in such application. Limits a patent owner's overall liability to: (1) $10 million to persons submitting new drug applications; or (2) $5 million to holders of Type II Drug Master Files.
Requires the Commissioner to report to Congress: (1) an evaluation of the patent term restoration review procedure established by this Act; and (2) a recommendation whether Congress should consider establishing such a patent term review procedure for patents not covered by this Act.
(Sec. 2) Amends the Federal Food, Drug, and Cosmetic Act to limit a certain required certification in an application (including an abbreviated application) for an approved product claimed in a patent whose term has been restored, to any patent that claims an active ingredient, including any salt or ester of the active ingredient, of the approved product, alone or in combination with another active ingredient (thus limiting the use of patents to prevent new drug approval).


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Hazardous Materials Cooperative
Research Act of 2009''.

SEC. 2. FINDINGS AND PURPOSES.

    Congress finds the following:
            (1) There are more than 1,000,000 shipments per day in the
        United States of materials identified as hazardous by the
        Department of Transportation. These shipments are estimated to
        total 2,100,000,000 tons of hazardous cargo per year and to
        comprise more than 18 percent of the total freight tonnage
        moved in the United States annually.
            (2) Hazardous materials are shipped by all transportation
        modes, and it is estimated that there are currently 400,000
        large trucks, 115,000 railroad tank cars, and 3,000 tank barges
        dedicated to the shipment of hazardous materials.
            (3) More than a dozen Federal agencies have regulatory,
        enforcement, and operational responsibilities for ensuring the
        safety and security of hazardous materials shipments. In
        addition, a variety of State and local agencies have
        responsibility for developing and enforcing State-level
        regulations and for responding to incidents involving hazardous
        materials.
            (4) Decisions regarding the packaging and routing of
        hazardous materials shipments, the development and
        implementation of procedures to ensure both the safety and
        security of such shipments, and the regulation of hazardous
        materials shipments are made by industry groups and government
        entities at a variety of levels and in all modal
        administrations of the Department of Transportation on a daily
        basis.
            (5) The Federal agencies involved in the regulation and
        oversight of hazardous materials shipments, as well as State
        and local governments, carriers, shippers, and other groups,
        conduct on-going research on the transportation of hazardous
        materials. However, much of this research is program or mode-
        specific and as such is focused on addressing only the
        regulatory, inspection, enforcement, or operational needs of
        the group undertaking the research.
            (6) There is a documented need for the establishment of a
        cooperative research program that will engage all modes and
        actors, both public and private, involved in the transportation
        of hazardous materials in conducting cross-cutting assessments
        of hazardous materials transportation issues that are national
        and multi-modal in scope and application.

SEC. 3. HAZARDOUS MATERIALS COOPERATIVE RESEARCH PROGRAM.

    (a) In General.--The Secretary of Transportation shall establish
and carry out a hazardous materials cooperative research program in
accordance with the requirements of this section.
    (b) Governing Board.--The Secretary shall establish an independent
governing board to select projects and studies to be carried out under
the hazardous materials cooperative research program. The governing
board shall be comprised of one voting representative from each of the
following:
            (1) The Federal Aviation Administration.
            (2) The Federal Motor Carrier Administration.
            (3) The Federal Transit Administration.
            (4) The Federal Railroad Administration.
            (5) The Maritime Administration.
            (6) The Research and Innovative Technology Administration.
            (7) The Pipeline and Hazardous Materials Safety
        Administration.
            (8) The Department of Homeland Security.
            (9) The Department of Energy.
            (10) The Environmental Protection Agency.
            (11) A State department of transportation.
            (12) A State emergency management agency.
            (13) A nonprofit organization representing emergency
        responders.
            (14) A hazmat employer.
            (15) A nonprofit organization representing hazmat
        employees.
            (16) A labor union representing members involved in
        shipping hazardous materials.
            (17) A hazardous materials manufacturer.
            (18) An organization representing the hazardous materials
        manufacturing industry.
            (19) A research university or research institution.
            (20) Additional representatives as the Secretary considers
        appropriate.
    (c) Research Studies.--Under the cooperative research program, the
governing board shall select cooperative research studies of hazardous
materials transportation that are cross-cutting in nature and that
consider issues not adequately addressed by existing Federal or private
sector research programs. Priority shall be given to research studies
that will yield results immediately applicable to risk analysis and
mitigation or that will strengthen the ability of first responders to
respond to incidents and accidents involving transportation of
hazardous materials.
    (d) Implementation.--The Secretary shall make grants to, and enter
a cooperative agreement with, the National Academy of Sciences to carry
out projects and studies under the cooperative research program.
    (e) Definitions.--In this section, the terms ``hazmat employer''
and ``hazmat employee'' have the meanings given those terms in section
5102 of title 49, United States Code.
    (f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $5,000,000 for each of fiscal
years 2010 through 2013. Such sums shall remain available until
expended.

Output: Hazardous Materials Cooperative Research Act of 2009 - Directs the Secretary of Transportation to establish: (1) a hazardous materials cooperative research program; and (2) an independent governing board to select cooperative research projects and studies of hazardous materials transportation to be carried out under the program that will yield results immediately applicable to risk analysis and mitigation or that will strengthen the ability of first responders to respond to accidents involving the transportation of hazardous materials.