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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Forest Foundation 
Conservation Act''.

SEC. 2. AMENDMENTS TO NATIONAL FOREST FOUNDATION ACT.

    (a) Provision of Administrative Support.--Subsection (c) of section 
405 of the National Forest Foundation Act (16 U.S.C. 583j-3) is amended 
to read as follows:
    ``(c) Administrative Assistance.--(1) Subject to such limitations, 
terms, and conditions as the Secretary may establish, the Secretary 
may--
            ``(A) detail personnel of the Department of Agriculture to 
        assist the Foundation; and
            ``(B) provide the Foundation with Department of Agriculture 
        facilities, equipment, supplies, and other administrative 
        services (including Government-contracted transportation and 
        travel services).
    ``(2) Assistance under paragraph (1) may be provided for partial or 
no reimbursement, as the Secretary considers appropriate.''.
    (b) Matching Funds.--
            (1) Extension and expansion of authority; source of 
        funds.--Section 410 of the National Forest Foundation Act (16 
        U.S.C. 583j-8) is amended to read as follows:

``SEC. 410. AVAILABILITY OF FUNDS TO MATCH FOUNDATION CONTRIBUTIONS.

    ``For the purposes of section 405 of this title, during the five-
year period beginning on October 1, 1997, the Secretary may make 
available to the Foundation from benefiting Forest Service 
appropriations up to $5,000,000 each fiscal year to match, on a one-
for-one basis, private contributions made to the Foundation.''.
            (2) Conforming amendments.--Section 405 of the National 
        Forest Foundation Act (16 U.S.C. 583j-3) is amended--
                    (A) by striking subsection (a);
                    (B) in subsection (b)--
                            (i) by striking ``In addition to the 
                        startup funds provided under subsection (a) of 
                        this section, for'' and inserting ``For'';
                            (ii) by striking ``October 1, 1992,'' and 
                        inserting ``October 1, 1997,''; and
                            (iii) by striking ``section 410(b)'' and 
                        inserting ``section 410''; and
                    (C) by redesignating subsections (b) and (c) as 
                subsections (a) and (b), respectively.
            (3) Effect of amendments.--The amendments made by this 
        subsection shall not affect the availability or use of funds 
        made available for fiscal year 1997 under sections 405(b) and 
        410(b) of the National Forest Foundation Act, as in effect on 
        the day before the date of the enactment of this Act.
    (c) Use of Interest and Other Investment Income.--Section 404 of 
the National Forest Foundation Act (16 U.S.C. 583j-2) is amended by 
adding at the end the following new subsection:
    ``(f) Use of Interest and Other Investment Income.--Interest and 
other investment income earned (before, on, or after the date of the 
enactment of this subsection) by the Foundation and its subgrantees on 
Federal funds received from the Secretary under section 405, but not 
immediately disbursed, may be used by the Foundation to carry out the 
purposes of the Foundation under section 402(b).''.
    (d) Exception From Audit Reporting and Compliance Requirements.--
Section 407(a) of the National Forest Foundation Act (16 U.S.C. 583j-
5(a)) is amended by adding at the end the following new sentence: ``A 
subgrantee of the Foundation shall be exempt from the audit reporting 
and compliance requirements of Office of Management and Budget Circular 
A-133 (or any successor administrative regulation or policy) in the 
case of grants of $250,000 or less.''.
    (e) Licensing Use of Symbols; Violations.--Section 404 of the 
National Forest Foundation Act (16 U.S.C. 583j-2) is amended--
            (1) in subsection (d)(3), by inserting ``license,'' after 
        ``lease,''; and
            (2) by inserting after subsection (f), as added by 
        subsection (c) of this section, the following new subsections:
    ``(g) Licensing Use of Symbols.--(1) To further the purposes of the 
Foundation under section 402(b), the Foundation shall have exclusive 
authority to license or authorize persons to use trademarks, 
tradenames, signs, symbols, emblems, insignia, logos, likenesses, or 
slogans to represent, promote, or advertise that an individual, 
company, or particular good or service is an official sponsor or 
supporter of the Forest Service, the National Forest System, or any 
unit thereof. Any license or authorization provided by the Foundation 
under this paragraph shall be subject to the prior written approval of 
the Secretary, who may not delegate this authority.
    ``(2) All net income derived from licenses and authorizations 
provided under paragraph (1) shall be expended by the Foundation in 
accordance with policies and priorities of the Forest Service on 
programs, projects, or activities that benefit the National Forest 
System or the Forest Service, as identified by the Secretary in 
consultation with the Foundation.
    ``(3) Nothing in this subsection shall affect the authority of the 
Secretary under Public Law 93-318 (16 U.S.C. 580p et seq.) relating to 
the name and character of `Smokey Bear', and the name and character of 
`Woodsy Owl'.
    ``(4) The authority provided to the Foundation by paragraph (1) 
shall expire on September 30, 2003.
    ``(h) Violation of Licensing Requirements.--Except as provided in 
subsection (g), no person may use for commercial purposes any 
trademark, tradename, sign, symbol, emblem, insignia, slogan, or 
related artistic design belonging to the Forest Service. Whoever, 
without the authorization of the Foundation under subsection (g), uses 
for purposes of trade, to induce the sale of any good or service, to 
promote any commercial activity, or for other commercial purpose, the 
name of the Foundation or any trademark, tradename, sign, symbol, 
emblem, insignia, logo, likeness, or slogan referred to in subsection 
(g), or any facsimile or simulation thereof tending to cause confusion, 
to cause mistake, to deceive, or to suggest falsely that an individual, 
company, or particular good or service is an official sponsor or 
official supporter of the National Forest System or the Forest Service, 
shall be subject to suit in a civil action by the Foundation for the 
remedies provided in title VI of the Act of July 5, 1946 (commonly 
referred to as the Trademark Act of 1946; 15 U.S.C. 1114 et seq.).''.
    (f) Reporting Requirements.--Section 407 of the National Forest 
Foundation Act (16 U.S.C. 583j-5) is amended by adding at the end the 
following new subsection:
    ``(c) Report on Licensing Activities.--Not later than 5 years after 
the date of the enactment of this subsection, the Secretary shall 
submit to the Committee on Resources of the House of Representatives 
and the Committee on Energy and Natural Resources of the Senate a 
report assessing the cost, effectiveness, and effects of the licensing 
and authorization program established pursuant to section 404(g). The 
report shall include a recommendation regarding the desirability of 
extending the authority provided in such section beyond the expiration 
date specified in paragraph (4) of such section and assessments of the 
effect of such program on--
            ``(1) visitation levels in the National Forest System;
            ``(2) the image of the National Forest System;
            ``(3) achievement of the needs and priorities of the Forest 
        Service;
            ``(4) appropriations for the National Forest System; and
            ``(5) the costs of the Foundation and the Secretary to 
        administer the program.''.
National Forest Foundation Conservation Act - Amends the National Forest Foundation Act to extend matching fund authority for the National Forest Foundation. 
Authorizes the Foundation to license the use of symbols, trademarks, or logos.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Sage-Grouse and Mule Deer Habitat 
Conservation and Restoration Act of 2018''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Covered vegetation management activity.--
                    (A) In general.--The term ``covered vegetation 
                management activity'' means any activity described in 
                subparagraph (B) that--
                            (i) is carried out on public land 
                        administered by the Bureau of Land Management;
                            (ii) meets the objectives of the order of 
                        the Secretary numbered 3336 and dated January 
                        5, 2015;
                            (iii) conforms to an applicable land use 
                        plan;
                            (iv) protects, restores, or improves 
                        greater sage-grouse or mule deer habitat in a 
                        sagebrush steppe ecosystem as described in--
                                    (I) Circular 1416 of the United 
                                States Geological Survey entitled 
                                ``Restoration Handbook for Sagebrush 
                                Steppe Ecosystems with Emphasis on 
                                Greater Sage-Grouse Habitat--Part 1. 
                                Concepts for Understanding and Applying 
                                Restoration'' (2015); or
                                    (II) the habitat guidelines for 
                                mule deer published by the Mule Deer 
                                Working Group of the Western 
                                Association of Fish and Wildlife 
                                Agencies;
                            (v) will not permanently impair--
                                    (I) the natural state of the 
                                treated area;
                                    (II) outstanding opportunities for 
                                solitude;
                                    (III) outstanding opportunities for 
                                primitive, unconfined recreation;
                                    (IV) economic opportunities 
                                consistent with multiple-use 
                                management; or
                                    (V) the identified values of a unit 
                                of the National Landscape Conservation 
                                System; and
                            (vi)(I) restores native vegetation 
                        following a natural disturbance;
                            (II) prevents the expansion into greater 
                        sage-grouse or mule deer habitat of--
                                    (aa) juniper, pinyon pine, or other 
                                associated conifers; or
                                    (bb) nonnative or invasive 
                                vegetation;
                            (III) reduces the risk of loss of greater 
                        sage-grouse or mule deer habitat from wildfire 
                        or any other natural disturbance; or
                            (IV) provides emergency stabilization of 
                        soil resources after a natural disturbance.
                    (B) Description of activities.--An activity 
                referred to in subparagraph (A) is--
                            (i) manual cutting and removal of juniper 
                        trees, pinyon pine trees, other associated 
                        conifers, or other nonnative or invasive 
                        vegetation;
                            (ii) mechanical mastication, cutting, or 
                        mowing, mechanical piling and burning, 
                        chaining, broadcast burning, or yarding;
                            (iii) removal of cheat grass, medusa head 
                        rye, or other nonnative, invasive vegetation;
                            (iv) collection and seeding or planting of 
                        native vegetation using a manual, mechanical, 
                        or aerial method;
                            (v) seeding of nonnative, noninvasive, 
                        ruderal vegetation only for the purpose of 
                        emergency stabilization;
                            (vi) targeted use of an herbicide, subject 
                        to the condition that the use shall be in 
                        accordance with applicable legal requirements, 
                        Federal agency procedures, and land use plans;
                            (vii) targeted livestock grazing to 
                        mitigate hazardous fuels and control noxious 
                        and invasive weeds;
                            (viii) temporary removal of wild horses or 
                        burros in the area in which the activity is 
                        being carried out to ensure treatment 
                        objectives are met;
                            (ix) in coordination with the affected 
                        permit holder, modification or adjustment of 
                        permissible usage under an annual plan of use 
                        of a grazing permit issued by the Secretary to 
                        achieve restoration treatment objectives;
                            (x) installation of new, or modification of 
                        existing, fencing or water sources intended to 
                        control use or improve wildlife habitat; or
                            (xi) necessary maintenance of, repairs to, 
                        rehabilitation of, or reconstruction of an 
                        existing permanent road or construction of 
                        temporary roads to accomplish the activities 
                        described in this subparagraph.
                    (C) Exclusions.--The term ``covered vegetation 
                management activity'' does not include--
                            (i) any activity conducted in a wilderness 
                        area or wilderness study area; or
                            (ii) any activity for the construction of a 
                        permanent road or permanent trail.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (3) Temporary road.--The term ``temporary road'' means a 
        road that is--
                    (A) authorized--
                            (i) by a contract, permit, lease, other 
                        written authorization; or
                            (ii) pursuant to an emergency operation;
                    (B) not intended to be part of the permanent 
                transportation system of a Federal department or 
                agency;
                    (C) not necessary for long-term resource 
                management;
                    (D) designed in accordance with standards 
                appropriate for the intended use of the road, taking 
                into consideration--
                            (i) safety;
                            (ii) the cost of transportation; and
                            (iii) impacts to land and resources; and
                    (E) managed to minimize--
                            (i) erosion; and
                            (ii) the introduction or spread of invasive 
                        species.

SEC. 3. IMPROVEMENT OF HABITAT FOR GREATER SAGE-GROUSE AND MULE DEER.

    (a) Categorical Exclusion.--
            (1) In general.--Not later than 1 year after the date of 
        the enactment of this Act, the Secretary shall develop 1 or 
        more categorical exclusions (as defined in section 1508.4 of 
        title 40, Code of Federal Regulations (or a successor 
        regulation)) for covered vegetation management activities 
        carried out to protect, restore, or improve habitat for greater 
        sage-grouse or mule deer.
            (2) Administration.--In developing and administering a 
        categorical exclusion under paragraph (1), the Secretary 
        shall--
                    (A) comply with the National Environmental Policy 
                Act of 1969 (42 U.S.C. 4321 et seq.);
                    (B) apply the extraordinary circumstances 
                procedures under section 220.6 of title 36, Code of 
                Federal Regulations (or successor regulations), in 
                determining whether to use the categorical exclusion; 
                and
                    (C) consider--
                            (i) the relative efficacy of landscape-
                        scale habitat projects;
                            (ii) the likelihood of continued declines 
                        in the populations of greater sage-grouse and 
                        mule deer in the absence of landscape-scale 
                        vegetation management; and
                            (iii) the need for habitat restoration 
                        activities after wildfire or other natural 
                        disturbances.
    (b) Implementation of Covered Vegetative Management Activities 
Within the Range of Greater Sage-grouse and Mule Deer.--If a 
categorical exclusion developed under subsection (a) is used to 
implement a covered vegetative management activity in an area within 
the range of both greater sage-grouse and mule deer, the covered 
vegetative management activity shall protect, restore, or improve 
habitat concurrently for both greater sage-grouse and mule deer.
    (c) Long-term Monitoring and Maintenance.--Before commencing any 
covered vegetation management activity that is covered by a categorical 
exclusion under subsection (a), the Secretary shall develop a long-term 
monitoring and maintenance plan, covering at least the 20 year-period 
beginning on the date of commencement, to ensure that management of the 
treated area does not degrade the habitat gains secured by the covered 
vegetation management activity.
    (d) Disposal of Vegetative Material.--Subject to applicable local 
restrictions, any vegetative material resulting from a covered 
vegetation management activity that is covered by a categorical 
exclusion under subsection (a) may be--
            (1) used for--
                    (A) fuel wood; or
                    (B) other products; or
            (2) piled or burned, or both.
    (e) Treatment for Temporary Roads.--
            (1) In general.--Notwithstanding section 2(1)(B)(xi), any 
        temporary road constructed in carrying out a covered vegetation 
        management activity that is covered by a categorical exclusion 
        under subsection (a)--
                    (A) shall be used by the Secretary for the covered 
                vegetation management activity for not more than 2 
                years; and
                    (B) shall be decommissioned by the Secretary not 
                later than 3 years after the earlier of the date on 
                which--
                            (i) the temporary road is no longer needed; 
                        and
                            (ii) the project is completed.
            (2) Requirement.--A treatment under paragraph (1) shall 
        include reestablishing native vegetative cover--
                    (A) as soon as practicable; but
                    (B) not later than 10 years after the date of 
                completion of the applicable covered vegetation 
                management activity.

            Passed the Senate September 6, 2018.

            Attest:

                                                JULIE E. ADAMS,

                                                             Secretary.
Sage-Grouse and Mule Deer Habitat Conservation and Restoration Act of 2017 This bill directs the Department of Interior to categorically exclude vegetative management activities that establish or improve habitat for greater sage-grouse and mule deer from environmental review requirements under the National Environmental Policy Act of 1969 (NEPA). Examples of vegetative management activities include restoring native vegetation following a natural disturbance or preventing the expansion of nonnative or invasive vegetation into such habitat.  A categorical exclusion under NEPA is a category of actions which do not have a significant effect on the human environment and for which neither an Environmental Assessment nor an Environmental Impact Statement is required. The bill prohibits the categorical exclusion from including: (1) activity conducted in a wilderness area or wilderness study area, or (2) activity for the construction of a permanent road or trail. Before commencing a vegetative management activity that is covered by a categorical exclusion, Interior must develop a long-term monitoring and maintenance plan, covering at least 20 years, to ensure that management of the treated area does not degrade the habitat gains secured by the vegetative management activity. Vegetative material resulting from vegetative management activity may be: (1) used for fuel wood or other products; or (2) piled or burned, or both.  Native vegetative cover must be reestablished on a temporary road constructed in connection with a categorically excluded vegetative management activity in order to minimize soil erosion from areas disturbed by the temporary road.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Preserve Access to Affordable 
Generics Act''.

SEC. 2. CONGRESSIONAL FINDINGS AND DECLARATION OF PURPOSES.

    (a) Findings.--The Congress finds that--
            (1) prescription drugs make up 11 percent of the national 
        health care spending but are 1 of the largest and fastest 
        growing health care expenditures;
            (2) 56 percent of all prescriptions dispensed in the United 
        States are generic drugs, yet they account for only 13 percent 
        of all expenditures;
            (3) generic drugs, on average, cost 63 percent less than 
        their brand-name counterparts;
            (4) consumers and the health care system would benefit from 
        free and open competition in the pharmaceutical market and the 
        removal of obstacles to the introduction of generic drugs;
            (5) full and free competition in the pharmaceutical 
        industry, and the full enforcement of antitrust law to prevent 
        anticompetitive practices in this industry, will lead to lower 
        prices, greater innovation, and inure to the general benefit of 
        consumers;
            (6) the Federal Trade Commission has determined that some 
        brand name pharmaceutical manufacturers collude with generic 
        drug manufacturers to delay the marketing of competing, low-
        cost, generic drugs;
            (7) collusion by the brand name pharmaceutical 
        manufacturers is contrary to free competition, to the interests 
        of consumers, and to the principles underlying antitrust law;
            (8) in 2005, 2 appellate court decisions reversed the 
        Federal Trade Commission's long-standing position, and upheld 
        settlements that include pay-offs by brand name pharmaceutical 
        manufacturers to generic manufacturers designed to keep generic 
        competition off the market;
            (9) in the 6 months following the March 2005 court 
        decisions, the Federal Trade Commission found there were three 
        settlement agreements in which the generic received 
        compensation and agreed to a restriction on its ability to 
        market the product;
            (10) the Federal Trade Commission found that more than \2/
        3\ of the approximately ten settlement agreements made in 2006 
        include a pay-off from the brand in exchange for a promise by 
        the generic company to delay entry into the market; and
            (11) settlements which include a payment from a brand name 
        manufacturer to a generic manufacturer to delay entry by 
        generic drugs are anti-competitive and contrary to the 
        interests of consumers.
    (b) Purposes.--The purposes of this Act are--
            (1) to enhance competition in the pharmaceutical market by 
        prohibiting anticompetitive agreements and collusion between 
        brand name and generic drug manufacturers intended to keep 
        generic drugs off the market;
            (2) to support the purpose and intent of antitrust law by 
        prohibiting anticompetitive agreements and collusion in the 
        pharmaceutical industry; and
            (3) to clarify the law to prohibit payments from brand name 
        to generic drug manufacturers with the purpose to prevent or 
        delay the entry of competition from generic drugs.

SEC. 3. UNLAWFUL COMPENSATION FOR DELAY.

    The Clayton Act (15 U.S.C. 12 et seq.) is amended--
            (1) by redesignating section 28 as section 29; and
            (2) by inserting after section 27 the following:

``SEC. 28. UNLAWFUL INTERFERENCE WITH GENERIC MARKETING.

    ``(a) It shall be unlawful under this Act for any person, in 
connection with the sale of a drug product, to directly or indirectly 
be a party to any agreement resolving or settling a patent infringement 
claim which--
            ``(1) an ANDA filer receives anything of value; and
            ``(2) the ANDA filer agrees not to research, develop, 
        manufacture, market, or sell the ANDA product for any period of 
        time.
    ``(b) Nothing in this section shall prohibit a resolution or 
settlement of patent infringement claim in which the value paid by the 
NDA holder to the ANDA filer as a part of the resolution or settlement 
of the patent infringement claim includes no more than the right to 
market the ANDA product prior to the expiration of the patent that is 
the basis for the patent infringement claim.
    ``(c) In this section:
            ``(1) The term `agreement' means anything that would 
        constitute an agreement under section 1 of the Sherman Act (15 
        U.S.C. 1) or section 5 of the Federal Trade Commission Act (15 
        U.S.C. 45).
            ``(2) The term `agreement resolving or settling a patent 
        infringement claim' includes, any agreement that is contingent 
        upon, provides a contingent condition for, or is otherwise 
        related to the resolution or settlement of the claim.
            ``(3) The term `ANDA' means an abbreviated new drug 
        application, as defined under section 505(j) of the Federal 
        Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)).
            ``(4) The term `ANDA filer' means a party who has filed an 
        ANDA with the Federal Drug Administration.
            ``(5) The term `ANDA product' means the product to be 
        manufactured under the ANDA that is the subject of the patent 
        infringement claim.
            ``(6) The term `drug product' means a finished dosage form 
        (e.g., tablet, capsule, or solution) that contains a drug 
        substance, generally, but not necessarily, in association with 
        1 or more other ingredients, as defined in section 314.3(b) of 
        title 21, Code of Federal Regulations.
            ``(7) The term `NDA' means a new drug application, as 
        defined under section 505(b) of the Federal Food, Drug, and 
        Cosmetic Act (21 U.S.C. 355(b)).
            ``(8) The term `NDA holder' means--
                    ``(A) the party that received FDA approval to 
                market a drug product pursuant to an NDA;
                    ``(B) a party owning or controlling enforcement of 
                the patent listed in the Approved Drug Products With 
                Therapeutic Equivalence Evaluations (commonly known as 
                the `FDA Orange Book') in connection with the NDA; or
                    ``(C) the predecessors, subsidiaries, divisions, 
                groups, and affiliates controlled by, controlling, or 
                under common control with any of the entities described 
                in subclauses (i) and (ii) (such control to be presumed 
                by direct or indirect share ownership of 50 percent or 
                greater), as well as the licensees, licensors, 
                successors, and assigns of each of the entities.
            ``(9) The term `patent infringement' means infringement of 
        any patent or of any filed patent application, extension, 
        reissue, renewal, division, continuation, continuation in part, 
        reexamination, patent term restoration, patents of addition and 
        extensions thereof.
            ``(10) The term `patent infringement claim' means any 
        allegation made to an ANDA filer, whether or not included in a 
        complaint filed with a court of law, that its ANDA or ANDA 
        product may infringe any patent held by, or exclusively 
        licensed to, the NDA holder of the drug product.''.

SEC. 4. NOTICE AND CERTIFICATION OF AGREEMENTS.

    (a) Notice of All Agreements.--Section 1112(c)(2) of the Medicare 
Prescription Drug, Improvement, and Modernization Act of 2003 (21 
U.S.C. 3155 note) is amended by--
            (1) striking ``the Commission the'' and inserting ``the 
        Commission (1) the''; and
            (2) inserting before the period at the end the following: 
        ``; and (2) a description of the subject matter of any other 
        agreement the parties enter into within 30 days of an entering 
        into an agreement covered by subsection (a) or (b)''.
    (b) Certification of Agreements.--Section 1112 of such Act is 
amended by adding at the end the following:
    ``(d) Certification.--The Chief Executive Officer or the company 
official responsible for negotiating any agreement required to be filed 
under subsection (a), (b), or (c) shall execute and file with the 
Assistant Attorney General and the Commission a certification as 
follows: `I declare under penalty of perjury that the following is true 
and correct: The materials filed with the Federal Trade Commission and 
the Department of Justice under section 1112 of subtitle B of title XI 
of the Medicare Prescription Drug, Improvement, and Modernization Act 
of 2003, with respect to the agreement referenced in this 
certification: (1) represent the complete, final, and exclusive 
agreement between the parties; (2) include any ancillary agreements 
that are contingent upon, provide a contingent condition for, or are 
otherwise related to, the referenced agreement; and (3) include written 
descriptions of any oral agreements, representations, commitments, or 
promises between the parties that are responsive to subsection (a) or 
(b) of such section 1112 and have not been reduced to writing.'.''.

SEC. 5. FORFEITURE OF 180-DAY EXCLUSIVITY PERIOD.

    Section 505(j)(5)(D)(i)(V) of the Federal Food, Drug and Cosmetic 
Act (21 U.S.C. 355(j)(5)(D)(i)(V)) is amended by inserting ``section 28 
of the Clayton Act or'' after ``that the agreement has violated''.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Federal Trade 
Commission such sums as may be necessary to carry out the provisions of 
this Act.

Preserve Access to Affordable Generics Act - Amends the Clayton Act to make it unlawful for a person, in connection with the sale of a drug product, to be a party to any agreement resolving or settling a patent infringement claim in which: (1) an abbreviated new drug (generic) application filer receives anything of value; and (2) such filer agrees not to research, develop, manufacture, market, or sell the generic product for any period. Excludes a resolution or settlement that includes no more than the right to market the generic product prior to the expiration of the patent.

Amends the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 to set forth additional filing requirements related to agreements between a brand name drug company and a generic drug applicant. Requires the Chief Executive Officer or the company official responsible for negotiating any agreement to file a certification that materials filed with respect to such agreements are complete, final, and exclusive.

Amends the Federal Food, Drug, and Cosmetic Act to provide that forfeiture of the 180-day exclusivity period for the marketing of a generic drug occurs if there is a final decision of the Federal Trade Commission (FTC) or the court that an agreement has violated this Act.