SECTION 1. SHORT TITLE. This Act may be cited as the ``Tenth Amendment Enforcement Act of 1998''. SEC. 2. FINDINGS. Congress finds that-- (1) in most areas of governmental concern, State governments possess both the constitutional authority and the competence to discern the needs and the desires of the people and to govern accordingly; (2) Federal laws and agency regulations, which have interfered with State powers in areas of State jurisdiction, should be restricted to powers delegated to the Federal Government by the United States Constitution; (3) the framers of the United States Constitution intended to bestow upon the Federal Government only limited authority over the States and the people; (4) under the Tenth Amendment of the United States Constitution, the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people; and (5) the courts, which have in general construed the Tenth Amendment not to restrain the Federal Government's power to act in areas of State jurisdiction, should be directed to strictly construe Federal laws and regulations which interfere with State powers with a presumption in favor of State authority and against Federal preemption. SEC. 3. CONGRESSIONAL DECLARATION. (a) In General.--On or after January 1, 1999, any statute enacted by Congress shall include a declaration-- (1) that authority to govern in the area addressed by the statute is delegated to Congress by the United States Constitution, including a citation to the specific constitutional authority relied upon; (2) that Congress specifically finds that Congress has a greater degree of competence than the States to govern in the area addressed by the statute; and (3) if the statute interferes with State powers or preempts any State or local government law, regulation or ordinance, that Congress specifically intends to interfere with State powers or preempt State or local government law, regulation, or ordinance, and that such preemption is necessary. (b) Findings.--Congress shall make specific factual findings in support of the declarations described under this section. SEC. 4. POINT OF ORDER. (a) In General.--It shall not be in order in either the Senate or House of Representatives to consider any bill, joint resolution, or amendment that does not include a declaration of congressional intent as required under section 3. (b) Rulemaking.--This section is enacted-- (1) as an exercise of the rulemaking power of the Senate and House of Representatives, and as such, it is deemed a part of the rules of the Senate and House of Representatives, but is applicable only with respect to the matters described in section 3 and subsection (a) of this section and supersedes other rules of the Senate or House of Representatives only to the extent that such sections are inconsistent with such rules; and (2) with full recognition of the constitutional right of the Senate or House of Representatives to change such rules at any time, in the same manner as in the case of any rule of the Senate or House of Representatives. SEC. 5. EXECUTIVE PREEMPTION OF STATE LAW. (a) In General.--Chapter 5 of title 5, United States Code, is amended by inserting after section 559 the following new section: ``Sec. 559a. Preemption of State law ``(a) No agency shall construe any statutory authorization to issue rules as authorizing preemption of State law or local ordinance by rulemaking or other agency action unless-- ``(1) the statute expressly authorizes issuance of preemptive rules; and ``(2) the agency concludes that the exercise of State power directly conflicts with the exercise of Federal power under the Federal statute, such that the State statutes and the Federal rule promulgated under the Federal statute cannot be reconciled or consistently stand together. ``(b) Any regulatory preemption of State law shall-- ``(1) be narrowly written to achieve the objectives of the statute under which the rules are promulgated; and ``(2) explicitly describe the scope of preemption. ``(c)(1) When an agency proposes to act through rulemaking or other agency action to preempt State law, the agency shall provide all affected States notice and an opportunity for comment by duly elected or appointed State and local government officials or their designated representatives in the proceedings. ``(2) The notice of proposed rulemaking shall be forwarded to the Governor, the Attorney General and the presiding officer of each chamber of the Legislature of each State setting forth the extent and purpose of the preemption. ``(3) In the table of contents of each Federal Register, there shall be a separate list of preemptive rules contained within that Register. ``(d) Unless a final agency rule contains an explicit provision declaring the Federal Government's intent to preempt State or local government powers and an explicit description of the extent and purpose of that preemption, the rule shall not be construed to preempt any State or local government law, ordinance or regulation. ``(e)(1) Each agency shall publish in the Federal Register a plan for periodic review of the rules issued by the agency that preempt, in whole or in part, State or local government powers. Such plan may be amended by the agency at any time by publishing a revision in the Federal Register. ``(2) The purpose of the review under this subsection shall be to determine whether and to what extent such rules are to continue without change, consistent with the stated objectives of the applicable statutes, or are to be altered or repealed to minimize the effect of the rules on State or local government powers.''. (b) Nonbinding Regulations.--Any Federal rule or regulation promulgated after January 1, 1999, that is promulgated in a manner inconsistent with section 559a of title 5, United States Code (as added by this section), shall not be binding on any State or local government, and shall not preempt any State or local government law, ordinance, or regulation. (c) Conforming Amendment.--The table of sections for chapter 5 of title 5, United States Code, is amended by adding after the item relating to section 559 the following: ``559a. Preemption of State law.''. SEC. 6. RULES OF CONSTRUCTION. (a) In General.--No statute enacted after the date of enactment of this Act (or rule promulgated under such statute), shall be construed by courts or other adjudicative entities to preempt, in whole or in part, any State or local government law, ordinance or regulation unless-- (1) the statute, or rule promulgated under such statute, contains an explicit declaration of intent to preempt; or (2) there is a direct conflict between such statute and a State or local government law, ordinance, or regulation, such that the two cannot be reconciled or consistently stand together. (b) Favorable Construction.--Notwithstanding any other provision of law, any ambiguities in this Act, or in any other law of the United States, shall be construed in favor of preserving the authority of the States and the people. (c) Severability.--If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the validity of the remainder of the Act and the application of such provision to other persons and circumstances shall not be affected thereby. SEC. 7. APPROPRIATION BY STATE LEGISLATURES. Any funds received by a State under Federal law shall be subject to appropriation by the State legislature, consistent with the terms and conditions required under such applicable provisions of law. SEC. 8. ANNUAL REPORT ON STATUTORY PREEMPTION. (a) Report.--Not later than 90 days after each Congress adjourns sine die, the Congressional Research Service shall prepare and make available to the public a report on the extent of Federal statutory preemption of State and local government powers enacted into law during the preceding Congress or adopted through judicial interpretation of Federal statutes. (b) Contents.--The report shall contain-- (1) a cumulative list of the Federal statutes preempting, in whole or in part, State and local government powers; (2) a summary of Federal legislation enacted during the previous Congress preempting, in whole or in part, State and local government powers; (3) an overview of recent court cases addressing Federal preemption issues; and (4) other information the Director of the Congressional Research Service determines appropriate. (c) Submittal.--Copies of the report shall be submitted to the President and the chairman of the appropriate committees in the Senate and House of Representatives.

Summary: Tenth Amendment Enforcement Act of 1998 - Requires any statute enacted by the Congress after 1998 to include declarations that: (1) the authority to govern in the area addressed is delegated to the Congress by the Constitution; (2) Congress has a greater degree of competence than the States to govern in that area; and (3) any preemption of State law is specifically intended by the Congress and is necessary. Makes it out of order for the Senate or House of Representatives to consider any legislation that does not include such declarations. Amends Federal law to prohibit any Federal agency from construing any statutory authorization to issue rules as authorizing preemption of State law or local ordinance by rulemaking or other agency action, unless the statute expressly authorizes issuance of preemptive rules and the agency concludes that the exercise of State power directly conflicts with the exercise of Federal power under the Federal statute such that the State statutes and the Federal rule promulgated under the Federal statute cannot be reconciled or consistently stand together. Requires all States to be provided with notice and an opportunity for comment when a Federal agency proposes preemptive rulemaking or other agency action. Requires the table of contents of each Federal Register to contain a list of preemptive rules contained within that Register. Provides that a final agency rule shall not be construed to preempt any State or local law unless it contains an explicit declaration of the intention to do so. Requires each Federal agency to publish in the Federal Register a plan for periodic review of the rules issued by the agency that preempt State or local government powers to determine whether such rules should be altered or repealed. Prohibits any adjudicative body to construe a statute enacted after enactment of this Act to preempt State or local law unless: (1) the statute contains an explicit declaration of intent to preempt; or (2) there is a direct conflict with State or local law that cannot be reconciled. Requires any ambiguity to be construed in favor of preserving the authority of the States. Requires that funds received by a State under Federal law shall be subject to appropriation by the State legislature. Directs the Congressional Research Service, after each Congress adjourns, to prepare and make publicly available a report on the extent of Federal statutory preemption of State and local government powers enacted into law during that Congress or adopted through judicial interpretation of Federal statutes.


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.

Summary: 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.


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.

Summary: (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.


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.

Summary: 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).


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.

Summary: 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.


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.

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


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''.

Summary: (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).


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.

Summary: 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.