In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.

Input: Consider Input: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Health Care OverUse Reform Today Act 
(HealthCOURT Act) of 2009''.

SEC. 2. ESTABLISHMENT OF PERFORMANCE-BASED QUALITY MEASURES.

    Not later than January 1, 2010, the Secretary of Health and Human 
Services shall submit to Congress a proposal for a formalized process 
for the development of performance-based quality measures that could be 
applied to physicians' services under the Medicare program under title 
XVIII of the Social Security Act. Such proposal shall be in concert and 
agreement with the Physician Consortium for Performance Improvement and 
shall only utilize measures agreed upon by each physician specialty 
organization.

SEC. 3. AFFIRMATIVE DEFENSE BASED ON COMPLIANCE WITH BEST PRACTICE 
              GUIDELINES.

    (a) Selection and Issuance of Best Practices Guidelines.--
            (1) In general.--The Secretary of Health and Human Services 
        (in this section referred to as the ``Secretary'') shall 
        provide for the selection and issuance of best practice 
        guidelines (each in this subsection referred to as a 
        ``guideline'') in accordance with paragraphs (2) and (3).
            (2) Development process.--Not later than 90 days after the 
        date of the enactment of this Act, the Secretary shall enter 
        into a contract with a qualified physician consensus-building 
        organization (such as the Physician Consortium for Performance 
        Improvement), in concert and agreement with physician specialty 
        organizations, to develop guidelines for treatment of medical 
        conditions for application under subsection (b). Under the 
        contract, the organization shall take into consideration any 
        endorsed performance-based quality measures described in 
        section 2. Under the contract and not later than 18 months 
        after the date of the enactment of this Act, the organization 
        shall submit best practice guidelines for issuance as 
        guidelines under paragraph (3).
            (3) Issuance.--
                    (A) In general.--Not later than 2 years after the 
                date of the enactment of this Act, the Secretary shall 
                issue, by regulation, after notice and opportunity for 
                public comment, guidelines that have been recommended 
                under paragraph (2) for application under subsection 
                (b).
                    (B) Limitation.--The Secretary may not issue 
                guidelines unless they have been approved or endorsed 
                by qualified physician consensus-building organization 
                involved and physician specialty organizations.
                    (C) Dissemination.--The Secretary shall broadly 
                disseminate the guidelines so issued.
    (b) Limitation on Damages.--
            (1) Limitation on noneconomic damages.--In any health care 
        lawsuit, no noneconomic damages may awarded with respect to 
        treatment that is within a guideline issued under subsection 
        (a).
            (2) Limitation on punitive damages.--In any health care 
        lawsuit, no punitive damages may be awarded against a health 
        care practitioner based on a claim that such treatment caused 
        the claimant harm if--
                    (A) such treatment was subject to the quality 
                review by a qualified physician consensus-building 
                organization;
                    (B) such treatment was approved in a guideline that 
                underwent full review by such organization, public 
                comment, approval by the Secretary, and dissemination 
                as described in subparagraph (a); and
                    (C) such medical treatment is generally recognized 
                among qualified experts (including medical providers 
                and relevant physician specialty organizations) as 
                safe, effective, and appropriate.
    (c) Use.--
            (1) Introduction as evidence.--Guidelines under subsection 
        (a) may not be introduced as evidence of negligence or 
        deviation in the standard of care in any civil action unless 
        they have previously been introduced by the defendant.
            (2) No presumption of negligence.--There would be no 
        presumption of negligence if a participating physician does not 
        adhere to such guidelines.
    (d) Construction.--Nothing in this section shall be construed as 
preventing a State from--
            (1) replacing their current medical malpractice rules with 
        rules that rely, as a defense, upon a health care provider's 
        compliance with a guideline issued under subsection (a); or
            (2) applying additional guidelines or safe-harbors that are 
        in addition to, but not in lieu of, the guidelines issued under 
        subsection (a).

SEC. 4. STATE GRANTS TO CREATE ADMINISTRATIVE HEALTH CARE TRIBUNALS.

    Part P of title III of the Public Health Service Act (42 U.S.C. 
280g et seq.) is amended by adding at the end the following:

``SEC. 399T. STATE GRANTS TO CREATE ADMINISTRATIVE HEALTH CARE 
              TRIBUNALS.

    ``(a) In General.--The Secretary may award grants to States for the 
development, implementation, and evaluation of administrative health 
care tribunals that comply with this section, for the resolution of 
disputes concerning injuries allegedly caused by health care providers.
    ``(b) Conditions for Demonstration Grants.--To be eligible to 
receive a grant under this section, a State shall submit to the 
Secretary an application at such time, in such manner, and containing 
such information as may be required by the Secretary. A grant shall be 
awarded under this section on such terms and conditions as the 
Secretary determines appropriate.
    ``(c) Representation by Counsel.--A State that receives a grant 
under this section may not preclude any party to a dispute before an 
administrative health care tribunal operated under such grant from 
obtaining legal representation during any review by the expert panel 
under subsection (d), the administrative health care tribunal under 
subsection (e), or a State court under subsection (f).
    ``(d) Expert Panel Review and Early Offer Guidelines.--
            ``(1) In general.--Prior to the submission of any dispute 
        concerning injuries allegedly caused by health care providers 
        to an administrative health care tribunal under this section, 
        such allegations shall first be reviewed by an expert panel.
            ``(2) Composition.--
                    ``(A) In general.--The members of each expert panel 
                under this subsection shall be appointed by the head of 
                the State agency responsible for health. Each expert 
                panel shall be composed of no fewer than 3 members and 
                not more than 7 members. At least one-half of such 
                members shall be medical experts (either physicians or 
                health care professionals).
                    ``(B) Licensure and expertise.--Each physician or 
                health care professional appointed to an expert panel 
                under subparagraph (A) shall--
                            ``(i) be appropriately credentialed or 
                        licensed in 1 or more States to deliver health 
                        care services; and
                            ``(ii) typically treat the condition, make 
                        the diagnosis, or provide the type of treatment 
                        that is under review.
                    ``(C) Independence.--
                            ``(i) In general.--Subject to clause (ii), 
                        each individual appointed to an expert panel 
                        under this paragraph shall--
                                    ``(I) not have a material familial, 
                                financial, or professional relationship 
                                with a party involved in the dispute 
                                reviewed by the panel; and
                                    ``(II) not otherwise have a 
                                conflict of interest with such a party.
                            ``(ii) Exception.--Nothing in clause (i) 
                        shall be construed to prohibit an individual 
                        who has staff privileges at an institution 
                        where the treatment involved in the dispute was 
                        provided from serving as a member of an expert 
                        panel merely on the basis of such affiliation, 
                        if the affiliation is disclosed to the parties 
                        and neither party objects.
                    ``(D) Practicing health care professional in same 
                field.--
                            ``(i) In general.--In a dispute before an 
                        expert panel that involves treatment, or the 
                        provision of items or services--
                                    ``(I) by a physician, the medical 
                                experts on the expert panel shall be 
                                practicing physicians (allopathic or 
                                osteopathic) of the same or similar 
                                specialty as a physician who typically 
                                treats the condition, makes the 
                                diagnosis, or provides the type of 
                                treatment under review; or
                                    ``(II) by a health care 
                                professional other than a physician, at 
                                least two medical experts on the expert 
                                panel shall be practicing physicians 
                                (allopathic or osteopathic) of the same 
                                or similar specialty as the health care 
                                professional who typically treats the 
                                condition, makes the diagnosis, or 
                                provides the type of treatment under 
                                review, and, if determined appropriate 
                                by the State agency, an additional 
                                medical expert shall be a practicing 
                                health care professional (other than 
                                such a physician) of such a same or 
                                similar specialty.
                            ``(ii) Practicing defined.--In this 
                        paragraph, the term `practicing' means, with 
                        respect to an individual who is a physician or 
                        other health care professional, that the 
                        individual provides health care services to 
                        individual patients on average at least 2 days 
                        a week.
                    ``(E) Pediatric expertise.--In the case of dispute 
                relating to a child, at least 1 medical expert on the 
                expert panel shall have expertise described in 
                subparagraph (D)(i) in pediatrics.
            ``(3) Determination.--After a review under paragraph (1), 
        an expert panel shall make a determination as to the liability 
        of the parties involved and compensation.
            ``(4) Acceptance.--If the parties to a dispute before an 
        expert panel under this subsection accept the determination of 
        the expert panel concerning liability and compensation, such 
        compensation shall be paid to the claimant and the claimant 
        shall agree to forgo any further action against the health care 
        providers involved.
            ``(5) Failure to accept.--If any party decides not to 
        accept the expert panel's determination, the matter shall be 
        referred to an administrative health care tribunal created 
        pursuant to this section.
    ``(e) Administrative Health Care Tribunals.--
            ``(1) In general.--Upon the failure of any party to accept 
        the determination of an expert panel under subsection (d), the 
        parties shall have the right to request a hearing concerning 
        the liability or compensation involved by an administrative 
        health care tribunal established by the State involved.
            ``(2) Requirements.--In establishing an administrative 
        health care tribunal under this section, a State shall--
                    ``(A) ensure that such tribunals are presided over 
                by special judges with health care expertise;
                    ``(B) provide authority to such judges to make 
                binding rulings, rendered in written decisions, on 
                standards of care, causation, compensation, and related 
                issues with reliance on independent expert witnesses 
                commissioned by the tribunal;
                    ``(C) establish gross negligence as the legal 
                standard for the tribunal;
                    ``(D) allow the admission into evidence of the 
                recommendation made by the expert panel under 
                subsection (d); and
                    ``(E) provide for an appeals process to allow for 
                review of decisions by State courts.
    ``(f) Review by State Court After Exhaustion of Administrative 
Remedies.--
            ``(1) Right to file.--If any party to a dispute before a 
        health care tribunal under subsection (e) is not satisfied with 
        the determinations of the tribunal, the party shall have the 
        right to file their claim in a State court of competent 
        jurisdiction.
            ``(2) Forfeit of awards.--Any party filing an action in a 
        State court in accordance with paragraph (1) shall forfeit any 
        compensation award made under subsection (e).
            ``(3) Admissibility.--The determinations of the expert 
        panel and the administrative health care tribunal pursuant to 
        subsections (d) and (e) with respect to a State court 
        proceeding under paragraph (1) shall be admissible into 
        evidence in any such State court proceeding.
    ``(g) Definition.--In this section, the term `health care provider' 
has the meaning given such term for purposes of part A of title VII.
    ``(h) Authorization of Appropriations.--There are authorized to be 
appropriated for any fiscal year such sums as may be necessary for 
purposes of making grants to States under this section.''.

SEC. 5. SENSE OF CONGRESS REGARDING HEALTH INSURER LIABILITY.

    It is the sense of Congress that a health insurance issuer should 
be liable for damages for harm caused when it makes a decision as to 
what care is medically necessary and appropriate.

Output: Health Care OverUse Reform Today Act (HealthCOURT Act) of 2009 - Directs the Secretary of Health and Human Services (HHS) to propose to Congress a formalized process for the development of performance-based quality measures that could be applied to physicians' services under title XVIII (Medicare) of the Social Security Act. Requires the proposal: (1) to be in concert and agreement with the Physician Consortium for Performance Improvement; and (2) utilize only measures agreed upon by each physician specialty organization.

Directs the Secretary to: (1) provide for the selection and issuance of best practice guidelines for treatment of medical conditions; and (2) contract with a qualified physician consensus-building organization (such as the Physician Consortium for Performance Improvement), in concert and agreement with physician specialty organizations, to develop such guidelines.

Prohibits the award of any noneconomic damages in any health care lawsuit with respect to treatment that is within an issued guideline.

Prohibits the award of punitive damages against a health care practitioner in such a lawsuit based on a claim that medical treatment caused the claimant harm if the treatment: (1) was subject to quality review by a qualified physician consensus-building organization; (2) was approved in a guideline that underwent full review by such organization, public comment, the Secretary's approval, and dissemination; and (3) is generally recognized among qualified experts as safe, effective, and appropriate.

Amends the Public Health Service Act to authorize the Secretary to award grants to states for the development, implementation, and evaluation of administrative health care tribunals for the resolution of disputes concerning injuries allegedly caused by health care providers.

Expresses the sense of Congress that a health insurance issuer should be liable for damages for a harm caused when it makes a decision as to what care is medically necessary and appropriate.


Input: Consider Input: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Independent Ethics Commission Act of 
2007''.

SEC. 2. ESTABLISHMENT OF INDEPENDENT ETHICS COMMISSION.

    (a) Establishment.--There is established an independent ethics 
commission within the House of Representatives to be known as the 
Independent Ethics Committee (in this Act referred to as the 
``Commission'').
    (b) Membership and Terms of Office.--(1) The Commission shall 
consist of 9 commissioners, 4 appointed by the Speaker and 4 by the 
minority leader of the House, and one selected by the affirmative vote 
of two-thirds of the 8 appointed commissioners for a term of 5 years. 
No commissioner may serve for more than 5 years.
    (2) Commissioners shall be appointed for terms of 5 years, except 
that of the commissioners first appointed, 2 appointed by the Speaker 
and 2 by the minority leader shall be for 3-year terms and 2 appointed 
by the Speaker and 2 by the minority leader shall be for 4-year terms 
as designated by the Speaker and the minority leader at the time of 
appointment.
    (c) Qualifications.--Only former Federal judges shall be eligible 
for appointment to the Commission.
            (1) Disqualifications for appointments.--
                    (A) Lobbying.--No individual who has been a 
                lobbyist registered under the Lobbying Disclosure Act 
                of 1995 or engages in, or is otherwise employed in, 
                lobbying of the Congress or who is an agent of a 
                foreign principal registered under the Foreign Agents 
                Registration Act within the 4-year period immediately 
                preceding appointment shall be eligible for appointment 
                to, or service on, the Commission.
                    (B) Incompatible office.--No member of the 
                Commission appointed under subsection (b) may be a 
                Member of the House of Representatives or Senator.
            (2) Vacancies.--A vacancy on the Commission shall be filled 
        in the manner in which the original appointment was made.
    (d) Compensation.--Members shall each be entitled to receive the 
daily equivalent of the maximum annual rate of basic pay in effect for 
Level III of the Executive Schedule for each day (including travel 
time) during which they are engaged in the actual performance of duties 
vested in the Commission.
    (e) Quorum.--A majority of the members of the Commission shall 
constitute a quorum.
    (f) Meetings.--The Commission shall meet at the call a majority of 
its members.

SEC. 3. DUTIES OF COMMISSION.

    (a) Duties.--The Commission is authorized--
            (1) to receive, monitor, and oversee financial disclosure 
        and other reports filed by Members of the House and officers 
        and employees of the House under the Ethics in Government Act 
        of 1978, and reports filed by registered lobbyists under the 
        Lobbying Disclosure Act of 1995;
            (2) to investigate any alleged violation, by a Member, 
        officer, or employee of the House of Representatives, of any 
        rule or other standard of conduct applicable to the conduct of 
        such Member, officer, or employee under House rules in the 
        performance of his duties or the discharge of his 
        responsibilities;
            (3) to present a case of probable ethics violations to the 
        Committee on Standards of Official Conduct of the House of 
        Representatives;
            (4) to make recommendations to the Committee on Standards 
        of Official Conduct of the House of Representatives that it 
        report to the appropriate Federal or State authorities any 
        substantial evidence of a violation by a Member, officer, or 
        employee of the House of Representatives of any law applicable 
        to the performance of his duties or the discharge of his 
        responsibilities, which may have been disclosed in an 
        investigation by the Office;
            (5) to provide information and informal guidance to 
        Members, officers and employees of the House of Representatives 
        regarding any rules and other standards of conduct applicable 
        to such individuals in their official capacities, and develop 
        and carry out periodic educational briefings for Members, 
        officers, and employees of the House of Representatives on 
        those laws, rules, regulations, or other standards; and
            (6) to give consideration to the request of any Member, 
        officer, or employee of the House of Representatives for a 
        formal advisory opinion or other formal ruling, subject to the 
        review of the Committee on Standards of Official Conduct of the 
        House of Representatives, as applicable, with respect to the 
        general propriety of any current or proposed conduct of such 
        Member, officer, or employee and, with appropriate deletions to 
        assure the privacy of the individual concerned, to publish such 
        opinion for the guidance of other Members, officers, and 
        employees of the House of Representatives.

SEC. 4. POWERS OF COMMISSION.

    (a) Hearings and Evidence.--The Commission may for the purpose of 
carrying out this Act--
            (1) hold such hearings and sit and act at such times and 
        places, take such testimony, receive such evidence, administer 
        such oaths; and
            (2) subject to subsection (b), require, by subpoena or 
        otherwise, the attendance and testimony of such witnesses and 
        the production of such books, records, correspondence, 
        memoranda, papers, and documents, as the Commission may 
        determine advisable.
    (b) Subpoenas.--A subpoena may be issued only with a majority of 
the Commission.
    (c) Obtaining Information.--Upon request of the Commission, the 
head of any agency or instrumentality of the Government shall furnish 
information deemed necessary by the Commission to enable it to carry 
out its duties.
    (d) Referrals to the Department of Justice.--Whenever the 
Commission has reason to believe that a violation of the Lobbying 
Disclosure Act of 1995 may have occurred, that matter may be referred 
to the Department of Justice for it to investigate.
    (e) General Audits.--The Commission shall have the authority to 
conduct general audits of filings under the Lobbying Disclosure Act of 
1995.

SEC. 5. INVESTIGATIONS AND INTERACTION WITH THE HOUSE COMMITTEE ON 
              STANDARDS OF OFFICIAL CONDUCT.

    (a) Notification.--Whenever the Commission determines that there 
are sufficient grounds to conduct an investigation--
            (1) the Commission shall notify the Committee on Standards 
        of Official Conduct of this determination;
            (2) the applicable committee may overrule the determination 
        of the Commission if, within 10 legislative days--
                    (A) the committee by an affirmative, roll-call vote 
                of two-thirds of the full committee votes to overrule 
                the determination of the Commission;
                    (B) the committee issues a public report detailing 
                its reasoning for overruling the Commission;
                    (C) the vote of each member of the committee on 
                such roll-call vote is included in the report;
                    (D) dissenting members are allowed to issue their 
                own report detailing their reasons for disagreeing with 
                the majority vote; and
                    (E) if the committee votes to overrule the 
                determination of the Commission pursuant to 
                subparagraph (B), the Commission may publish and make 
                available to the general public a report detailing the 
                reasons that the Commission concluded there were 
                sufficient grounds to conduct an investigation.
    (b) Conducting Investigations.--(1) If the Commission determines 
that there are sufficient grounds to conduct an investigation and his 
determination is not overruled under subsection (a)(5), the Commission 
shall conduct an investigation to determine if probable cause exists 
that a violation occurred.
    (2) As part of an investigation, the Commission may--
            (A) administer oaths;
            (B) issue subpoenas;
            (C) compel the attendance of witnesses and the production 
        of papers, books, accounts, documents, and testimony; and
            (D) take the deposition of witnesses.
    (3) If a person disobeys or refuses to comply with a subpoena, or 
if a witness refuses to testify to a matter, he may be held in contempt 
of Congress.
    (c) Presentation of Case to House Committee on Standards of 
Official Conduct.--(1) If the Commission determines, upon conclusion of 
an investigation, that probable cause exists that an ethics violation 
has occurred, the Commission shall notify the Committee on Standards of 
Official Conduct of the House of Representatives of this determination.
    (2) The committee may overrule the determination of the Commission 
if, within 10 legislative days--
            (A) the committee by an affirmative, roll-call vote of two-
        thirds of the full committee votes to overrule the 
        determination of the Commission;
            (B) the committee issues a public report detailing its 
        reasoning for overruling the Commission;
            (C) the vote of each member of the committee on such roll-
        call vote is included in the report; and
            (D) dissenting members are allowed to issue their own 
        report detailing their reasons for disagreeing with the 
        majority vote.
    (3) If the committee votes to overrule the determination of the 
Commission pursuant to paragraph (2), the Commission may publish and 
make available to the general public a report detailing the reasons 
that he concluded there were sufficient grounds to present such case to 
the committee.
    (4)(A) If the Commission determines there is probable cause that an 
ethics violation has occurred and the Commission's determination is not 
overruled, the Commission shall present the case and evidence to the 
Committee on Standards of Official Conduct of the House of 
Representatives to hear and make a determination pursuant to its rules.
    (B) The committee shall vote upon whether the individual who is the 
subject of the investigation has violated any rules or other standards 
of conduct applicable to that individual in his official capacity. Such 
votes shall be a roll-call vote of the full committee, a quorum being 
present. The committee shall issue a public report which shall include 
the vote of each member of the committee on such roll-call vote. 
Dissenting members may issue their own report detailing their own 
reasons for disagreeing with the majority vote.
    (d) Sanctions.--Whenever the Committee on Standards of Official 
Conduct of the House of Representatives finds that an ethics violation 
has occurred the Commission shall recommend appropriate sanctions to 
the committee and whether a matter should be referred to the Department 
of Justice for investigation.

SEC. 6. PROCEDURAL RULES.

    (a) Majority Approval.--No report or recommendation relating to the 
official conduct of a Member, officer, or employee of the House of 
Representatives shall be made by the Commission, and no investigation 
of such conduct shall be undertaken by the Commission, unless approved 
by the affirmative vote of a majority of the members of the Commission.
    (b) Investigations.--Except in the case of an investigation 
undertaken by the Commission on its own initiative, the Commission may 
undertake an investigation relating to the official conduct of an 
individual Member, officer, or employee of the House of Representatives 
only--
            (1) upon receipt of a complaint, in writing and under oath, 
        made by or submitted to a Member of the House of 
        Representatives and transmitted to the Commission by such 
        Member, or
            (2) upon receipt of a complaint from the chairman of the 
        Committee on Standards of Official Conduct of the House of 
        Representatives, in writing and under oath, made by that 
        committee.
    (c) Prohibition of Certain Investigations.--No investigation shall 
be undertaken by the Commission of any alleged violation of a law, 
rule, regulation, or standard of conduct not in effect at the time of 
the alleged violation.
    (d) Disclosure.--No information or testimony received, or the 
contents of a complaint or the fact of its filing, shall be publicly 
disclosed by any member of the Commission or staff of the Commission 
unless specifically authorized in each instance by a vote of the 
Commission.

SEC. 7. STAFF OF COMMISSION.

    The Commission may appoint and fix the compensation of such staff 
as the Commission considers necessary to perform its duties. The 
Commission shall be appointed jointly by the Speaker and minority 
leader and shall be paid at a rate not to exceed the rate of basic pay 
payable for Level III of the Executive Schedule.

SEC. 8. AMENDMENTS TO THE RULES OF THE HOUSE TO CHANGE THE DUTIES OF 
              THE COMMITTEE ON STANDARDS OF OFFICIAL CONDUCT.

    (a) House Rules Amendments.--Clause 3 of rule XI of the Rules of 
the House of Representatives is amended as follows:
            (1) In paragraph (a), strike subparagraphs (1), (2), and 
        (3), and redesignate subparagraphs (4), (5), and (6), as 
        subparagraphs (1), (2), and (3), respectively.
            (2)(A) Paragraph (b)(1) is amended by striking ``(A)'', by 
        striking ``a resolution, report, recommendation, or'' and 
        inserting ``an'', and by striking ``, or, except as provided in 
        subparagraph (2), undertake an investigation'', and by striking 
        subdivision (B).
            (B) Paragraph (b) is further amended by striking 
        subparagraphs (2), (3), (4), and (5) and by redesignating 
        subparagraphs (6) and (7) as subparagraphs (2) and (3), 
        respectively.
            (3) Strike paragraphs (j) (k), (l), (m), (n), (o), (p), and 
        (q).
    (b) Conforming Amendments.--Section 803 of the Ethics Reform Act of 
1989 (2 U.S.C. 29d) is amended by striking subsections (c) and (d).

SEC. 9. ACTION ON COMMISSION RECOMMENDATIONS.

    (a) Printing of Reports in Congressional Record.--Upon receipt by 
the Committee on Standards of Official Conduct of the House of 
Representatives of any report of the Commission, the Speaker of the 
House of Representatives shall have the report printed in the 
Congressional Record.
    (b) House Consideration of Independent Ethics Commission 
Recommendations.--Within 14 calendar days after a report referred to in 
subsection (a) is printed in the Congressional Record, that portion of 
the report recommending action by the House of Representatives 
respecting any alleged violation, by a Member, officer, or employee of 
the House of Representatives, of any law, rule, regulation, or other 
standard of conduct applicable to the conduct of such Member, officer, 
or employee in the performance of his duties or the discharge of his 
responsibilities shall be introduced (by request) in the House by the 
Speaker of the House, for himself and the minority leader of the House 
in the form of a resolution. This resolution shall constitute a 
question of privilege under rule IX of the Rules of the House of 
Representatives. Any Member favoring the resolution may call it up as a 
question of privilege but only on the third day after the calendar date 
upon which such Member announces to the House his intention to do so.

SEC. 10. EFFECTIVE DATE.

    This Act shall take effect upon the date of its enactment, except 
that sections 3, 4, and 8 shall not take effect immediately prior to 
noon January 3, 2009.

Output: Independent Ethics Commission Act of 2007 - Establishes within the House of Representatives an Independent Ethics Commission composed only of former federal judges.


Input: Consider Input: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Patent Term Restoration Act of 
1997''.

SEC. 2. PATENT TERMS.

    (a) Amendment of Title 35.--Effective on the date of the enactment 
of this Act, section 154 of title 35, United States Code, as amended by 
the Uruguay Round Agreements Act, is amended--
            (1) in paragraph (2) of subsection (a), by striking ``and 
        ending'' and all that follows in that paragraph and inserting 
        ``and ending--
                    ``(A) 17 years from the date of the grant of the 
                patent, or
                    ``(B) 20 years from the date on which the 
                application for the patent was filed in the United 
                States, except that if the application contains a 
                specific reference to an earlier filed application or 
                applications under section 120, 121, or 365(c) of this 
                title, 20 years from the date on which the earliest 
                such patent application was filed,
        whichever is later.''.
            (2) in subsection (c)(1), by striking ``shall be the 
        greater of the 20-year term as provided in subsection (a), or 
        17 years from grant'' and inserting ``shall be the term 
        provided in subsection (a)''.
    (b) Technical Amendment.--Section 534(b) of the Uruguay Round 
Agreements Act is amended by striking paragraph (3).

SEC. 3. DEFINITION OF SPECIAL CIRCUMSTANCES TO PROTECT THE 
              CONFIDENTIALITY STATUS OF APPLICATIONS.

    Section 122 of title 35, United States Code, is amended by striking 
``as may be determined by the Commissioner'' and inserting ``as in any 
of the following:
            ``(1) In the case of an application under section 111(a) 
        for a patent for an invention for which the applicant intends 
        to file or has filed an application for a patent in a foreign 
        country, the Commissioner may publish, at the discretion of the 
        Commissioner and by means determined suitable for the purpose, 
        no more than that data from such application under section 
        111(a) which will be made or has been made public in such 
        foreign country. Such a publication shall be made only after 
        the date of the publication in such foreign country.
            ``(2)(A) If the Commissioner determines that a patent 
        application which is filed after the date of the enactment of 
        this paragraph--
                    ``(i) has been pending more than 5 years from the 
                effective filing date of the application,
                    ``(ii) has not been previously published by the 
                Patent and Trademark Office,
                    ``(iii) is not under any appellate review by the 
                Board of Patent Appeals and Interferences,
                    ``(iv) is not under interference proceedings in 
                accordance with section 135(a),
                    ``(v) is not under any secrecy order pursuant to 
                section 181,
                    ``(vi) is not being diligently pursued by the 
                applicant in accordance with this title, and
                    ``(vii) is not in abandonment,
        the Commissioner shall notify the applicant of such 
        determination.
            ``(B) An applicant which received notice of a determination 
        described in subparagraph (A) may, within 30 days of receiving 
        such notice, petition the Commissioner to review the 
        determination to verify that subclauses (i) through (vii) are 
        all applicable to the applicant's application. If the applicant 
        makes such a petition, the Commissioner shall not publish the 
        applicant's application before the Commissioner's review of the 
        petition is completed. If the applicant does not submit a 
        petition, the Commissioner may publish the applicant's 
        application no earlier than 90 days after giving such a notice.
            ``(3) If after the date of the enactment of this paragraph 
        a continuing application has been filed more than 6 months 
        after the date of the initial filing of an application, the 
        Commissioner shall notify the applicant under such application. 
        The Commissioner shall establish a procedure for an applicant 
        which receives such a notice to demonstrate that the purpose of 
        the continuing application was for reasons other than to 
        achieve a delay in the time of publication of the application. 
        If the Commissioner agrees with such a demonstration by the 
        applicant, the Commissioner shall not publish the applicant's 
        application. If the Commissioner does not agree with such a 
        demonstration by the applicant or if the applicant does not 
        make an attempt at such a demonstration within a reasonable 
        period of time as determined by the Commissioner, the 
        Commissioner shall publish the applicant's application.
The Commissioner shall ensure that publications under paragraph (1), 
(2), or (3) will not result in third-party pre-issuance oppositions 
which will delay or interfere with the issuance of the patents whose 
applications' data will be published.''.


Output: Patent Term Restoration Act of 1997 - Amends provisions of the Uruguay Round Agreements Act that revise Federal patent law to provide that a patent term shall be the later of 17 years from the date the patent is granted or 20 years from the date the application was filed in the United States.  Provides that if the application contains a reference to the earlier application, the term shall be 20 years from the date the earliest application was filed. 
Requires the term of a patent that is in force or results from an application filed within six months after the Uruguay Round Agreements Act enactment date to be the term provided in this Act. 
Revises Federal patent law requirements for confidentiality of patent applications to set out:  (1) the special circumstances under which such applications can be made public; or (2) in the case of a patent application for an invention for which the applicant intends to file or has filed for a patent in a foreign country, the limited data which the Commissioner of Patents may disclose.  Authorizes an applicant to petition the Commissioner of the Patent and Trademark Office to review a determination to publish a patent application.  Prohibits the Commissioner from publishing an application prior to the completion of the review.