[Congressional Record Volume 153, Number 172 (Wednesday, November 7, 2007)]
[Senate]
[Pages S14064-S14068]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. LEAHY (for himself and Mr. Cornyn):
S. 2317. A bill to amend titles 17 and 18, United States Code, and
the Trademark Act of 1946 to strengthen and harmonize the protection of
intellectual property, and for other purposes; to the Committee on the
Judiciary.
Mr. LEAHY. Mr. President, I am pleased to introduce the Intellectual
Property Enforcement Act of 2007. Congress is charged ``to promote the
progress of science and useful arts,'' and part of promotion is
protection. This legislation will enhance existing intellectual
property enforcement laws, provide more resources to combat
infringement, and harmonize copyright and trademark laws. I thank
Senator Cornyn for joining me in this effort, which is a high priority
of mine, and also of the creative communities and industries across the
country.
Each year, counterfeiting and copyright infringement cost the U.S.
economy billions of dollars. The International Anti-Counterfeiting
Coalition estimates that counterfeiting and piracy cost American
businesses $250 billion a year, and hundreds of thousands of jobs as
well. Clearly, IP theft is big business, and that can devastate small
businesses. No one knows this better than Vermont companies such as
Hubbardton Forge, Vermont Teddy Bear Company, and Burton Snowboards.
Each of these companies, and many others like them across the Nation
invests time, money, and effort in the development of new products.
When their products are infringed, it devalues the product and
threatens the company.
Senator Cornyn and I have heard from a myriad of interested parties
about the importance of protecting intellectual property, and have seen
many enforcement proposals. The legislation we introduce today will
serve as the core of our legislative effort this year. It will start
the process of considering how to ensure that our enforcement laws are
up to the task, and that the necessary resources are in place to
enforce them. Other Senators have introduced legislation to address
these issues, and the Department of Justice and others have suggested
legislative language. These are all helpful to the debate, and I expect
there will be more to come. Introduction of the Intellectual Property
Enforcement Act of 2007 is the beginning of this important effort.
The centerpiece of the bill we introduce today gives the Department
of Justice the ability to bring civil actions against copyright
infringers. Punishment should fit the crime, and a civil action is
often more appropriate to the wrong being done in such cases than is
criminal prosecution. This concept has passed the Senate on three
separate occasions, as the PIRATE Act. Next, this bill adds resources
for agents to combat infringement. It does not matter how strong our
laws are, if there are not enough agents, or if our agents do not have
the proper expertise to investigate and prosecute crimes, piracy will
flourish and harm our economy. Third, this bill allows for ``harmless
errors'' on copyright registration forms. Copyright registration should
not be voided by innocently checking the wrong box or misspelling a
word on a form. Finally, this bill harmonizes the forfeiture provisions
in the copyright and trademark statutes.
By enacting well-balanced enforcement laws, we can protect both the
creators and the consumers of intellectual property. It is impossible
to put a price tag on creativity, but we must do all we can to protect
the fruits of creative labor.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 2317
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Intellectual Property
Enforcement Act of 2007''.
SEC. 2. AUTHORIZATION OF CIVIL COPYRIGHT ENFORCEMENT BY
ATTORNEY GENERAL.
(a) In General.--Chapter 5 of title 17, United States Code,
is amended by inserting after section 506 the following:
``Sec. 506a. Civil penalties for violations of section 506
``(a) In General.--In lieu of a criminal action under
section 506, the Attorney General may commence a civil action
in the appropriate United States district court against any
person who engages in conduct constituting an offense under
section 506. Upon proof of such conduct by a preponderance of
the evidence, such person shall be subject to a civil penalty
under section 504 which shall be in an amount equal to the
amount which would be awarded under section 3663(a)(1)(B) of
title 18 and restitution to the copyright owner aggrieved by
the conduct.
``(b) Other Remedies.--
``(1) In general.--Imposition of a civil penalty under this
section does not preclude any other criminal or civil
statutory, injunctive, common law, or administrative remedy,
which is available by law to the United States or any other
person.
``(2) Offset.--Any restitution received by a copyright
owner as a result of a civil action brought under this
section shall be offset against any award of damages in a
subsequent copyright infringement civil action by that
copyright owner for the conduct that gave rise to the civil
action brought under this section.''.
(b) Damages and Profits.--Section 504 of title 17, United
States Code, is amended--
(1) in subsection (b)--
(A) in the first sentence--
(i) by inserting ``, or the Attorney General in a civil
action,'' after ``The copyright owner''; and
(ii) by striking ``him or her'' and inserting ``the
copyright owner''; and
(B) in the second sentence by inserting ``, or the Attorney
General in a civil action,'' after ``the copyright owner'';
and
(2) in subsection (c)--
(A) in paragraph (1), by inserting ``, or the Attorney
General in a civil action,'' after ``the copyright owner'';
and
(B) in paragraph (2), by inserting ``, or the Attotrney
General in a civil action,'' after ``the copyright owner''.
(c) Technical and Conforming Amendment.--The table of
sections for chapter 5 of title 17, United States Code, is
amended by inserting after the item relating to section 506
the following:
``506a. Civil penalties for violation of section 506.''.
SEC. 3. IMPROVED INVESTIGATIVE AND FORENSIC RESOURCES FOR
ENFORCEMENT OF LAWS RELATED TO INTELLECTUAL
PROPERTY CRIMES.
(a) In General.--The Attorney General, in consultation with
the Director of the Federal Bureau of Investigation, shall,
with respect to crimes related to the theft of intellectual
property--
(1) create an operational unit of the Federal Bureau of
Investigation--
(A) to work with the Computer Crime and Intellectual
Property section of the Department of Justice on the
investigation and coordination of intellectual property
crimes that are complex, committed in more than 1 judicial
district, or international;
(B) that consists of at least 10 agents of the Bureau; and
(C) that is located at the headquarters of the Bureau;
(2) ensure that any unit in the Department of Justice
responsible for investigating computer hacking or
intellectual property crimes is assigned at least 2 agents of
the Federal Bureau of Investigation (in addition to any agent
assigned to such unit as of the date of the enactment of this
Act) to support such unit for the purpose of investigating or
prosecuting intellectual property crimes; and
(3) implement a comprehensive program--
(A) the purpose of which is to train agents of the Federal
Bureau of Investigation in the investigation and prosecution
of such crimes and the enforcement of laws related to
intellectual property crimes;
(B) that includes relevant forensic training related to
investigating and prosecuting intellectual property crimes;
and
(C) that requires such agents who investigate or prosecute
intellectual property crimes to attend the program annually.
(b) Intellectual Property Law Enforcement Coordinators.--
Not later than 120
[[Page S14065]]
days after the date of the enactment of this Act, the
Attorney General shall assign 1 Federal prosecutor to the
appropriate office of the Department of Justice located in
Hong Kong and 1 Federal prosecutor to such an office located
in Budapest, Hungary, to assist in the coordination of the
enforcement of intellectual property laws between the United
States and foreign nations.
(c) Organized Crime Task Force.--Not later than 120 days
after the date of the enactment of this Act, the Attorney
General, through the United States Attorneys' Offices, the
Computer Crime and Intellectual Property section, and the
Organized Crime and Racketeering section of the Department of
Justice, and in consultation with the Federal Bureau of
Investigation and other Federal law enforcement agencies,
shall create a Task Force to develop and implement a
comprehensive, long-range plan to investigate and prosecute
international organized crime syndicates engaging in or
supporting crimes relating to the theft of intellectual
property.
(d) Authorization.--There are authorized to be appropriated
to carry out this section $12,000,000 for each of fiscal
years 2008 through 2011.
SEC. 4. ADDITIONAL FUNDING FOR RESOURCES TO INVESTIGATE AND
PROSECUTE CRIMINAL ACTIVITY INVOLVING
COMPUTERS.
(a) Additional Funding for Resources.--
(1) Authorization.--In addition to amounts otherwise
authorized for resources to investigate and prosecute
criminal activity involving computers, there are authorized
to be appropriated for each of the fiscal years 2008 through
2011--
(A) $10,000,000 to the Director of the Federal Bureau of
Investigation; and
(B) $10,000,000 to the Attorney General for the Criminal
Division of the Department of Justice.
(2) Availability.--Any amounts appropriated under paragraph
(1) shall remain available until expended.
(b) Use of Additional Funding.--Funds made available under
subsection (a) shall be used by the Director of the Federal
Bureau of Investigation and the Attorney General, for the
Federal Bureau of Investigation and the Criminal Division of
the Department of Justice, respectively, to--
(1) hire and train law enforcement officers to--
(A) investigate crimes committed through the use of
computers and other information technology, including through
the use of the Internet; and
(B) assist in the prosecution of such crimes; and
(2) procure advanced tools of forensic science to
investigate, prosecute, and study such crimes.
SEC. 5. REGISTRATION IN CIVIL INFRINGEMENT ACTIONS.
(a) Limitation to Civil Actions; Harmless Error.--Section
411 of title 17, United States Code, is amended--
(1) in the section heading, by inserting ``civil'' before
``infringement'';
(2) in subsection (a)--
(A) in the first sentence, by striking ``no action'' and
inserting ``no civil action''; and
(B) in the second sentence, by striking ``an action'' and
inserting ``a civil action'';
(3) in subsection (b)--
(A) by redesignating that subsection as subsection (c); and
(B) by striking ``506 and sections 509 and'' and inserting
``505 and section''; and
(4) by inserting after subsection (a) the following:
``(b)(1) A certificate of registration satisfies the
requirements of this section and section 412, regardless of
whether the certificate contains any inaccurate information,
unless--
``(A) the inaccurate information was included on the
application for copyright registration with knowledge that it
was inaccurate; and
``(B) the inaccurate information, if known, would have
caused the Register of Copyrights to refuse registration.
``(2) In any case in which inaccurate information described
under paragraph (1) is alleged, the court shall request the
Register of Copyrights to advise the court whether the
inaccurate information, if known, would have caused the
Register of Copyrights to refuse registration.'';''.
(b) Technical and Conforming Amendments.--
(1) Section 412 of title 17, United States Code, is amended
by striking ``411(b)'' and inserting ``411(c)''.
(2) The item relating to section 411 in the table of
sections for chapter 4 of title 17, United States Code, is
amended to read as follows:
``411. Registration and civil infringement actions.''.
SEC. 6. CIVIL REMEDIES FOR INFRINGEMENT.
(a) In General.--Section 503(a) of title 17, United States
Code, is amended--
(1) by striking ``and of all plates'' and inserting ``, of
all plates''; and
(2) by striking the period and inserting ``, and of records
documenting the manufacture, sale, or receipt of things
involved in such violation. The court shall enter an
appropriate protective order with respect to discovery of any
records that have been seized. The protective order shall
provide for appropriate procedures to assure that
confidential information contained in such records is not
improperly disclosed to any party.''.
(b) Protective Orders for Seized Records.--Section
34(d)(1)(A) of 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
(commonly referred to as the Trademark Act of 1946) (15
U.S.C. 1116(d)(1)(A)) is amended by adding ``The court shall
enter an appropriate protective order with respect to
discovery of any records that have been seized. The
protective order shall provide for appropriate procedures to
assure that confidential information contained in such
records is not improperly disclosed to any party.'' after the
first sentence.
SEC. 7. CRIMINAL INFRINGEMENT.
(a) Forfeiture and Destruction; Restitution.--Section
506(b) of title 17, United States Code, is amended to read as
follows:
``(b) Forfeiture, Destruction, and Restitution.--
Forfeiture, destruction, and restitution relating to this
section shall be subject to section 2323 of title 18, to the
extent provided in that section, in addition to any other
similar remedies provided by law.''.
(b) Seizures and Forfeitures.--
(1) Repeal.--Section 509 of title 17, United States Code,
is repealed.
(2) Technical and conforming amendment.--The table of
sections for chapter 5 of title 17, United States Code, is
amended by striking the item relating to section 509.
SEC. 8. IMPORTATION AND EXPORTATION.
(a) Importation and Exportation of Infringing Items.--
Section 602(a) of title 17, United States Code, is amended--
(1) by redesignating paragraphs (1), (2), and (3) as
subparagraphs (A), (B), and (C);
(2) in the first sentence, by striking ``Importation'' and
inserting ``(1) Importation'';
(3) by striking ``106, actionable'' and inserting ``106 and
is actionable'';
(4) by striking ``This subsection does not apply to--'' and
inserting the following:
``(2) Importation into the United States or exportation
from the United States, without the authority of the owner of
copyright under this title, of copies or phonorecords, the
making of which either constituted an infringement of
copyright or would have constituted an infringement of
copyright if this title had been applicable, is an
infringement of the exclusive right to distribute copies or
phonorecords under section 106 and is actionable under
sections 501 and 506.
``(3) This subsection does not apply to--'';
(5) in subparagraph (A), as redesignated, by inserting ``or
exportation'' after ``importation'';
(6) in subparagraph (B), as redesignated--
(A) by striking ``, for the private use of the importer''
and inserting ``or exportation, for the private use of the
importer or exporter''; and
(B) by inserting ``or departing from the United States''
after ``outside the United States''.
(b) Technical and Conforming Amendments.--(1) The section
heading for section 602 of title 17, United States Code, is
amended by inserting ``or exportation'' after
``importation''.
(2) The table of sections for chapter 6 of title 17, United
States Code, is amended by inserting ``or exportation'' after
``importation''.
(3) The heading for chapter 6 of title 17, United States
Code, is amended to read as follows:
``CHAPTER 6--MANUFACTURING REQUIREMENTS, IMPORTATION, AND
EXPORTATION''.
(4) The item relating to chapter 6 in the table of chapters
for title 17, United States Code, is amended to read as
follows:
``6. Manufacturing Requirements, Importation, and Exportatio601''.....
SEC. 9. DEFINING TERMS RELATING TO CIRCUMVENTION OF COPYRIGHT
PROTECTION SYSTEMS.
Section 1201 of title 17, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (2), by striking ``import,''; and
(B) in paragraph (3)--
(i) in subparagraph (A), by striking ``and'' after the
semicolon;
(ii) in subparagraph (B), by striking the period and
inserting ``; and'';
(iii) by redesignating subparagraph (B) as subparagraph
(C), and inserting after subparagraph (A) the following:
``(B) the term `financial gain' includes receipt, or
expectation of receipt, of anything of value, including the
receipt of other copyrighted works;''; and
(iv) by adding at the end the following:
``(C) the term `traffic in' means to transport, transfer,
or otherwise dispose of, to another, for purposes of
commercial advantage or private financial gain, or to make,
import, export, obtain control of, or possess, with intent to
so transport, transfer, or otherwise dispose of.''; and
(2) in subsection (b)--
(A) in paragraph (1), by striking ``import,''; and
(B) in paragraph (2)--
(i) in subparagraph (A), by striking ``and'' after the
semicolon;
(ii) in subparagraph (B), by striking the period and
inserting ``; and'';
(iii) by redesignating subparagraph (B) as subparagraph
(C), and inserting after subparagraph (A) the following:
``(B) the term `financial gain' includes receipt, or
expectation of receipt, of anything of value, including the
receipt of other copyrighted works;''; and
(iv) by adding at the end the following:
[[Page S14066]]
``(D) the term `traffic in' means to transport, transfer,
or otherwise dispose of, to another, or to make, import,
export, obtain control of, or possess, with intent to so
transport, transfer, or otherwise dispose of.''.
SEC. 10. FORFEITURE UNDER ECONOMIC ESPIONAGE ACT.
Section 1834 of title 18, United States Code, is amended to
read as follows:
``Sec. 1834. Criminal forfeiture
``Forfeiture, destruction, and restitution relating to this
chapter shall be subject to section 2323, to the extent
provided in that section, in addition to any other similar
remedies provided by law.''.
SEC. 11. TRAFFICKING IN COUNTERFEIT LABELS, ILLICIT LABELS,
OR COUNTERFEIT DOCUMENTATION OR PACKAGING FOR
WORKS THAT CAN BE COPYRIGHTED.
Section 2318 of title 18, United States Code, is amended as
follows:
(1) Subsection (a) is amended----
(A) by redesignating subparagraphs (A) through (G) as
clauses (i) through (vii), respectively;
(B) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively; and
(C) by striking ``Whoever'' and inserting ``(1) Whoever''.
(2) Section 2318(d) is amended to read as follows:
``(d) Forfeiture and Destruction of Property;
Restitution.--Forfeiture, destruction, and restitution
relating to this section shall be subject to section 2323, to
the extent provided in that section, in addition to any other
similar remedies provided by law.''.
(3) Section 2318 is further amended by striking subsection
(e) and redesignating subsection (f) as subsection (e).
SEC. 12. UNAUTHORIZED RECORDING OF MOTION PICTURES.
Section 2319B(b) of title 18, United States Code, is
amended to read as follows:
``(b) Forfeiture and Destruction of Property;
Restitution.--Forfeiture, destruction, and restitution
relating to this section shall be subject to section 2323, to
the extent provided in that section, in addition to any other
similar remedies provided by law.''.
SEC. 13. TRAFFICKING IN COUNTERFEIT GOODS OR SERVICES.
Section 2320(b) of title 18, United States Code, is amended
to read as follows:
``(b) Forfeiture and Destruction of Property;
Restitution.--Forfeiture, destruction, and restitution
relating to this section shall be subject to section 2323, to
the extent provided in that section, in addition to any other
similar remedies provided by law.''.
SEC. 14. FORFEITURE, DESTRUCTION, AND RESTITUTION.
(a) In General.--Chapter 113 of title 18, United States
Code, is amended by adding at the end the following:
``Sec. 2323. Forfeiture, destruction, and restitution
``(a) Civil Forfeiture.--
``(1) Property subject to forfeiture.--The following
property is subject to forfeiture to the United States:
``(A) Any article the making or trafficking of which is
prohibited under section 506 or 1204 of title 17, or section
2318, 2319, 2319A, 2319B, or 2320, or chapter 90, of this
title.
``(B) Any property used, or intended to be used, in any
manner or part to commit or facilitate the commission of an
offense referred to in subparagraph (A).
``(C) Any property constituting or derived from any
proceeds obtained directly or indirectly as a result of the
commission of an offense referred to in subparagraph (A).
``(2) Procedures.--The provisions of chapter 46 relating to
civil forfeitures shall extend to any seizure or civil
forfeiture under this section. At the conclusion of the
forfeiture proceedings, unless otherwise requested by an
agency of the United States, the court shall order that any
property forfeited under paragraph (1) be destroyed, or
otherwise disposed of according to law.
``(b) Criminal Forfeiture.--
``(1) Property subject to forfeiture.--The court, in
imposing sentence on a person convicted of an offense under
section 506 or 1204 of title 17, or section 2318, 2319,
2319A, 2319B, or 2320, or chapter 90, of this title, shall
order, in addition to any other sentence imposed, that the
person forfeit to the United States any property subject to
forfeiture under subsection (a) for that offense.
``(2) Procedures.--
``(A) In general.--The forfeiture of property under
paragraph (1), including any seizure and disposition of the
property and any related judicial or administrative
proceeding, shall be governed by the procedures set forth in
section 413 of the Comprehensive Drug Abuse Prevention and
Control Act of 1970 (21 U.S.C. 853), other than subsection
(d) of that section.
``(B) Destruction.--At the conclusion of the forfeiture
proceedings, the court, unless otherwise requested by an
agency of the United States--
``(i) shall order that any forfeited article or component
of an article bearing or consisting of a counterfeit mark be
destroyed or otherwise disposed of according to law; and
``(ii) shall order that any infringing items or other
property described in subsection (a)(1)(A) and forfeited
under paragraph (1) of this subsection be destroyed or
otherwise disposed of according to law.
``(c) Restitution.--When a person is convicted of an
offense under section 506 or 1204 of title 17 or section
2318, 2319, 2319A, 2319B, or 2320, or chapter 90, of this
title, the court, pursuant to sections 3556, 3663A, and 3664
of this title, shall order the person to pay restitution to
any victim of the offense as an offense against property
referred to in section 3663A(c)(1)(A)(ii) of this title.''.
(b) Technical and Conforming Amendment.--The table of
sections for chapter 113 of title 18, United States Code, is
amended by adding at the end the following:
``2323. Forfeiture, destruction, and restitution.''.
SEC. 15. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Amendments to Title 17, United States Code.--
(1) Section 109 (b)(4) of title 17, United States Code, is
amended by striking ``505, and 509'' and inserting ``and
505''.
(2) Section 111 of title 17, United States Code, is
amended--
(A) in subsection (b), by striking ``and 509'';
(B) in subsection (c)--
(i) in paragraph (2), by striking ``and 509'';
(ii) in paragraph (3), by striking ``sections 509 and 510''
and inserting ``section 510''; and
(iii) in paragraph (4), by striking ``and section 509'';
and
(C) in subsection (e)--
(i) in paragraph (1), by striking ``sections 509 and 510''
and inserting ``section 510''; and
(ii) in paragraph (2), by striking ``and 509''.
(3) Section 115(c) of title 17, United States Code, is
amended--
(A) in paragraph (3)(G)(i), by striking ``and 509''; and
(B) in paragraph (6), by striking ``and 509''.
(4) Section 119(a) of title 17, United States Code, is
amended--
(A) in paragraph (6), by striking ``sections 509 and 510''
and inserting ``section 510'';
(B) in paragraph (7)(A), by striking ``and 509'';
(C) in paragraph (8), by striking ``and 509''; and
(D) in paragraph (13), by striking ``and 509''.
(5) Section 122 of title 17, United States Code, is
amended--
(A) in subsection (d), by striking ``and 509'';
(B) in subsection (e), by striking ``sections 509 and 510''
and inserting ``section 510''; and
(C) in subsection (f)(1), by striking ``and 509''.
(6) Section 411(b) of title 17, United States Code, is
amended by striking ``sections 509 and 510'' and inserting
``section 510''.
(b) Other Amendments.--Section 596(c)(2)(c) of the Tariff
Act of 1950 (19 U.S.C. 1595a(c)(2)(c)) is amended by striking
``or 509''.
______
By Mr. DURBIN (for himself and Mr. Cochran):
S. 2320. A bill to amend title XVIII of the Social Security Act to
provide continued entitlement to coverage for immunosuppressive drugs
furnished to beneficiaries under the Medicare Program that have
received a kidney transplant and whose entitlement to coverage would
otherwise expire, and for other purposes; to the Committee on Finance.
Mr. DURBIN. Mr. President, Organ transplantation is one of the most
remarkable success stories in the history of medicine. No longer is it
considered experimental. Today, transplants are accepted as the best
treatment for certain diseases, including End Stage Renal Disease.
Approximately 28,000 organ transplants were performed last year in the
U.S. The vast majority of transplants are provided to patients in need
of a kidney.
Our Medicare system provides health care to millions of aged and
disabled Americans, as well as those living with ESRD, each year.
Thousands of Americans receive a Medicare-covered kidney transplant
each year through the Medicare ESRD Program, which also covers
dialysis, immunosuppressive drugs, and other medically important
services.
Unfortunately, there are long waiting lists for people who need an
organ. Today there are over 98,000 individuals waiting for a
transplant. For those lucky enough to receive one, the next challenge
is to obtain coverage for immunosuppressive drugs--medications that
organ transplant recipients must take every day for the life of their
transplant to reduce the risk of organ rejection.
In 2000, Congress wisely eliminated the 36-month time limitation for
Medicare-aged and Medicare-disabled beneficiaries who had Medicare
status at the time of transplant. Today, for an older or disabled
person on Medicare, coverage for immunosuppressive drugs is covered for
the life of the transplant.
However, we still have an unfair and unrealistic gap in coverage for
people with ESRD who are neither disabled nor elderly. For those
transplant recipients, coverage for immunosuppressive drugs ends 36
months after transplantation. For example, Medicare would pay for a 26-
year-old woman
[[Page S14067]]
living with ESRD to have lifelong dialysis at $50,000 per year.
Medicare would cover the cost of a transplant for her at $100,000 per
transplant operation. But, the immunosuppressive drugs she would need
to ensure the organ is not rejected by her body are only covered by
Medicare for 36 months, even though the drugs cost the Government only
$15,000 per year.
This is economically inefficient and morally wrong. Without regular
access to immunosuppressive drugs to prevent rejection, many patients
find themselves back in a risky and frightening place--in need of a new
kidney. This senseless cycle of care costs taxpayers a lot of money and
puts thousands of lives on the line.
I am pleased to introduce today, along with my colleague from
Mississippi, Senator Thad Cochran, the Comprehensive Immunosuppressive
Drug Coverage for Transplant Patients Act. This legislation would
alleviate the disparity between coverage for immuno-suppresive drugs
among Medicare beneficiaries. It is time to provide lifetime coverage
for immunosuppressive drugs through Medicare. We will reduce the need
for dialysis and kidney re-transplants and provide reliable, sustained
access to critically important, life-saving medications for thousands
of Americans. In the long run, we will save money and lives.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
placed in the Record, as follows:
S. 2320
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Comprehensive
Immunosuppressive Drug Coverage for Kidney Transplant
Patients Act of 2007''.
SEC. 2. PROVISION OF APPROPRIATE COVERAGE OF
IMMUNOSUPPRESSIVE DRUGS UNDER THE MEDICARE
PROGRAM FOR KIDNEY TRANSPLANT RECIPIENTS.
(a) Continued Entitlement to Immunosuppressive Drugs.--
(1) Kidney transplant recipients.--Section 226A(b)(2) of
the Social Security Act (42 U.S.C. 426-1(b)(2)) is amended by
inserting ``(except for coverage of immunosuppressive drugs
under section 1861(s)(2)(J))'' after ``shall end''.
(2) Application.--Section 1836 of the Social Security Act
(42 U.S.C. 1395o) is amended--
(A) by striking ``Every individual who'' and inserting
``(a) In General.--Every individual who''; and
(B) by adding at the end the following new subsection:
``(b) Special Rules Applicable to Individuals Only Eligible
for Coverage of Immunosuppressive Drugs.--
``(1) In general.--In the case of an individual whose
eligibility for benefits under this title has ended except
for the coverage of immunosuppressive drugs by reason of
section 226A(b)(2), the following rules shall apply:
``(A) The individual shall be deemed to be enrolled under
this part for purposes of receiving coverage of such drugs.
``(B) The individual shall be responsible for the full
amount of the premium under section 1839 in order to receive
such coverage.
``(C) The provision of such drugs shall be subject to the
application of--
``(i) the deductible under section 1833(b); and
``(ii) the coinsurance amount applicable for such drugs (as
determined under this part).
``(D) If the individual is an inpatient of a hospital or
other entity, the individual is entitled to receive coverage
of such drugs under this part.
``(2) Establishment of procedures in order to implement
coverage.--The Secretary shall establish procedures for--
``(A) identifying beneficiaries that are entitled to
coverage of immunosuppressive drugs by reason of section
226A(b)(2); and
``(B) distinguishing such beneficiaries from beneficiaries
that are enrolled under this part for the complete package of
benefits under this part.''.
(3) Technical amendment.--Subsection (c) of section 226A of
the Social Security Act (42 U.S.C. 426-1), as added by
section 201(a)(3)(D)(ii) of the Social Security Independence
and Program Improvements Act of 1994 (Public Law 103-296; 108
Stat. 1497), is redesignated as subsection (d).
(b) Extension of Secondary Payer Requirements for ESRD
Beneficiaries.--Section 1862(b)(1)(C) of the Social Security
Act (42 U.S.C. 1395y(b)(1)(C)) is amended by adding at the
end the following new sentence: ``With regard to
immunosuppressive drugs furnished on or after the date of
enactment of the Comprehensive Immunosuppressive Drug
Coverage for Kidney Transplant Patients Act of 2007, this
subparagraph shall be applied without regard to any time
limitation.''.
(c) Effective Date.--The amendments made by this section
shall apply to drugs furnished on or after the date of
enactment of this Act.
SEC. 3. PLANS REQUIRED TO MAINTAIN COVERAGE OF
IMMUNOSUPPRESSIVE DRUGS FOR KIDNEY TRANSPLANT
RECIPIENTS.
(a) Application to Certain Health Insurance Coverage.--
(1) In general.--Subpart 2 of part A of title XXVII of the
Public Health Service Act (42 U.S.C. 300gg-4 et seq.) is
amended by adding at the end the following:
``SEC. 2707. COVERAGE OF IMMUNOSUPPRESSIVE DRUGS FOR KIDNEY
TRANSPLANT RECIPIENTS.
``A group health plan (and a health insurance issuer
offering health insurance coverage in connection with a group
health plan) shall provide coverage of immunosuppressive
drugs in connection with a kidney transplant that is at least
as comprehensive as the coverage provided by such plan or
issuer on the day before the date of enactment of the
Comprehensive Immunosuppressive Drug Coverage for Kidney
Transplant Patients Act of 2007, and such requirement shall
be deemed to be incorporated into this section.''.
(2) Conforming amendment.--Section 2721(b)(2)(A) of the
Public Health Service Act (42 U.S.C. 300gg-21(b)(2)(A)) is
amended by inserting ``(other than section 2707)'' after
``requirements of such subparts''.
(b) Application to Group Health Plans and Group Health
Insurance Coverage Under the Employee Retirement Income
Security Act of 1974.--
(1) In general.--Subpart B of part 7 of subtitle B of title
I of the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1185 et seq.) is amended by adding at the end the
following new section:
``SEC. 714. COVERAGE OF IMMUNOSUPPRESSIVE DRUGS FOR KIDNEY
TRANSPLANT RECIPIENTS.
``A group health plan (and a health insurance issuer
offering health insurance coverage in connection with a group
health plan) shall provide coverage of immunosuppressive
drugs in connection with a kidney transplant that is at least
as comprehensive as the coverage provided by such plan or
issuer on the day before the date of enactment of the
Comprehensive Immunosuppressive Drug Coverage for Kidney
Transplant Patients Act of 2007, and such requirement shall
be deemed to be incorporated into this section.''.
(2) Conforming amendments.--
(A) Section 732(a) of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1191(a)) is amended by
striking ``section 711'' and inserting ``sections 711 and
714''.
(B) The table of contents in section 1 of the Employee
Retirement Income Security Act of 1974 is amended by
inserting after the item relating to section 713 the
following new item:
``Sec. 714. Coverage of immunosuppressive drugs.''.
(c) Application to Group Health Plans Under the Internal
Revenue Code of 1986.--Subchapter B of chapter 100 of the
Internal Revenue Code of 1986 is amended--
(1) in the table of sections, by inserting after the item
relating to section 9812 the following new item:
``Sec. 9813. Coverage of immunosuppressive drugs for kidney transplant
recipients.'';
and
(2) by inserting after section 9812 the following:
``SEC. 9813. COVERAGE OF IMMUNOSUPPRESSIVE DRUGS FOR KIDNEY
TRANSPLANT RECIPIENTS.
``A group health plan shall provide coverage of
immunosuppressive drugs in connection with a kidney
transplant that is at least as comprehensive as the coverage
provided by such plan on the day before the date of enactment
of the Comprehensive Immunosuppressive Drug Coverage for
Kidney Transplant Patients Act of 2007, and such requirement
shall be deemed to be incorporated into this section.''.
(d) Effective Date.--The amendments made by this section
shall apply to plan years beginning on or after January 1,
2008.
______
By Mr. CARDIN:
S. 2322. A bill to amend the International Center Act to authorize
the lease or sublease of certain property described in such Act to an
entity other than a foreign government or international organization if
certain conditions are met; to the Committee on Foreign Relations.
Mr. CARDIN. Mr. President, today I am introducing a bill to amend the
International Center Act to make it clear that Intelsat can continue to
lease the land on which its headquarters building is located.
Congress created Intelsat when it passed the Communications Satellite
Act in the 1960s, intending it to be an international organization
charged with establishing the world's first global satellite system. In
2000, Congress passed the ORBIT Act, which essentially mandated that
Intelsat become a private company. The purpose of the ORBIT Act was to
promote a fully competitive global market for satellite
[[Page S14068]]
communication services for the benefit of consumers. Congress
inadvertently overlooked some important changes that were required to
complete this transformation and, as a result, had to make technical
changes to correct these oversights.
One technical correction still needs to be made, however: the
International Center Act, ICA, must be amended to ensure that
Intelsat's lease of the land on which its headquarters is located
comports with the law. The U.S. Government owns this land. The State
Department and Intelsat entered into a long-term lease for the land on
which Intelsat built its headquarters many years ago. Intelsat
constructed and fully owns the building. The lease was originally
entered into pursuant to the ICA and has been amended several times
over the years, most recently in 2006. The ICA, however, limits leases
of this property to foreign governments and international
organizations. At the time Intelsat leased the property and built its
headquarters building, it was an international organization.
When Congress mandated in the ORBIT Act that Intelsat privatize, it
created a problem regarding Intelsat's land lease. Once Intelsat was no
longer an international organization, it technically no longer
satisfied the requirements of the ICA. In other words, Congress' action
requiring Intelsat to privatize has left the company's right to
continue to lease the land in question. But it was never the intent of
the ORBIT Act to create this uncertainty with respect to the legality
of Intelsat's land lease.
The bill I am introducing amends the ICA to eliminate this
uncertainty that the ORBIT Act created regarding the lease. It is
necessary to ensure that the now privatized Intelsat can continue to
lease the land. My bill would in no way alter the rights or obligations
of the parties or any of the lease terms or conditions. It in no way
expands any of Intelsat's rights under the existing lease. Nor does it
change in any way the rights or powers that the State Department
currently has under the lease. The Secretary of State will continue to
have the same right to prohibit any use, development, occupancy, lease,
or sublease as is currently authorized under the existing lease. My
bill makes no substantive change in the relationship between the State
Department and Intelsat. It merely eliminates the inconsistency between
the lease and the ICA that was caused by Intelsat's privatization--
which Congress required when it passed the ORBIT Act.
The State Department has approved this legislation to amend the ICA.
I hope my colleagues will support the bill, too, and act on it
expeditiously.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 2322
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. AMENDMENT TO THE INTERNATIONAL CENTER ACT.
The first section of the International Center Act (Public
Law 90-553; 82 Stat. 958) is amended by adding at the end the
following new sentence: ``Notwithstanding the foregoing
limitations, the property identified by the District of
Columbia as tax lots 803, 804, 805, and 806 within the area
described in this section may be leased or subleased to an
entity other than a foreign government or international
organization, so long as the Secretary maintains the right to
approve the occupant and the intended use of the property.''.
____________________