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SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Drug Competition Act of 2002''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) prescription drug prices are increasing at an alarming 
        rate and are a major worry of many senior citizens and American 
        families;
            (2) there is a potential for companies with patent rights 
        regarding brand name drugs and companies which could 
        manufacture generic versions of such drugs to enter into 
        financial deals that could tend to restrain trade and greatly 
        reduce competition and increase prescription drug expenditures 
        for American citizens; and
            (3) enhancing competition among these companies can 
        significantly reduce prescription drug expenditures for 
        Americans.

SEC. 3. PURPOSES.

    The purposes of this Act are--
            (1) to provide timely notice to the Department of Justice 
        and the Federal Trade Commission regarding agreements between 
        companies with patent rights regarding brand name drugs and 
        companies which could manufacture generic versions of such 
        drugs; and
            (2) by providing timely notice, to enhance the 
        effectiveness and efficiency of the enforcement of the 
        antitrust and competition laws of the United States.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) ANDA.--The term ``ANDA'' means an Abbreviated New Drug 
        Application, as defined under section 201(aa) of the Federal 
        Food, Drug, and Cosmetic Act (21 U.S.C. 321(aa)).
            (2) Assistant attorney general.--The term ``Assistant 
        Attorney General'' means the Assistant Attorney General in 
        charge of the Antitrust Division of the Department of Justice.
            (3) Brand name drug.--The term ``brand name drug'' means a 
        drug approved under section 505(c) of the Federal Food, Drug, 
        and Cosmetic Act (21 U.S.C. 355(c)).
            (4) Brand name drug company.--The term ``brand name drug 
        company'' means the party that received Food and Drug 
        Administration approval to market a brand name drug pursuant to 
        an NDA, where that drug is the subject of an ANDA, or a party 
        owning or controlling enforcement of any patent listed in the 
        Approved Drug Products With Therapeutic Equivalence Evaluations 
        of the Food and Drug Administration for that drug, under 
        section 505(b) of the Federal Food, Drug, and Cosmetic Act (21 
        U.S.C. 355(b)).
            (5) Commission.--The term ``Commission'' means the Federal 
        Trade Commission.
            (6) Generic drug.--The term ``generic drug'' means a 
        product that the Food and Drug Administration has approved 
        under section 505(j) of the Federal Food, Drug, and Cosmetic 
        Act (21 U.S.C. 355(j)).
            (7) Generic drug applicant.--The term ``generic drug 
        applicant'' means a person who has filed or received approval 
        for an ANDA under section 505(j) of the Federal Food, Drug, and 
        Cosmetic Act (21 U.S.C. 355(j)).
            (8) NDA.--The term ``NDA'' means a New Drug Application, as 
        defined under section 505(b) et seq. of the Federal Food, Drug, 
        and Cosmetic Act (21 U.S.C. 355(b) et seq.)

SEC. 5. NOTIFICATION OF AGREEMENTS.

    (a) In General.--
            (1) Requirement.--A generic drug applicant that has 
        submitted an ANDA containing a certification under section 
        505(j)(2)(vii)(IV) of the Federal Food, Drug, and Cosmetic Act 
        (21 U.S.C. 355(j)(2)(vii)(IV)) and a brand name drug company 
        that enter into an agreement described in paragraph (2), prior 
        to the generic drug that is the subject of the application 
        entering the market, shall each file the agreement as required 
        by subsection (b).
            (2) Definition.--An agreement described in this paragraph 
        is an agreement regarding--
                    (A) the manufacture, marketing or sale of the brand 
                name drug that is the subject of the generic drug 
                applicant's ANDA;
                    (B) the manufacture, marketing or sale of the 
                generic drug that is the subject of the generic drug 
                applicant's ANDA; or
                    (C) the 180-day period referred to in section 
                505(j)(5)(B)(iv) of the Federal Food, Drug, and 
                Cosmetic Act (21 U.S.C. 355(j)(5)(B)(iv)) as it applies 
                to such ANDA or to any other ANDA based on the same 
                brand name drug.
    (b) Filing.--
            (1) Agreement.--The generic drug applicant and the brand 
        name drug company entering into an agreement described in 
        subsection (a)(2) shall file with the Assistant Attorney 
        General and the Commission the text of any such agreement, 
        except that the generic drug applicant and the brand-name drug 
        company shall not be required to file an agreement that solely 
        concerns--
                    (A) purchase orders for raw material supplies;
                    (B) equipment and facility contracts;
                    (C) employment or consulting contracts; or
                    (D) packaging and labeling contracts.
            (2) Other agreements.--The generic drug applicant and the 
        brand name drug company entering into an agreement described in 
        subsection (a)(2) shall file with the Assistant Attorney 
        General and the Commission the text of any other agreements not 
        described in subsection (a)(2) between the generic drug 
        applicant and the brand name drug company which are contingent 
        upon, provide a contingent condition for, or are otherwise 
        related to an agreement which must be filed under this Act.
            (3) Description.--In the event that any agreement required 
        to be filed by paragraph (1) or (2) has not been reduced to 
        text, both the generic drug applicant and the brand name drug 
        company shall file written descriptions of the non-textual 
        agreement or agreements that must be filed sufficient to reveal 
        all of the terms of the agreement or agreements.

SEC. 6. FILING DEADLINES.

    Any filing required under section 5 shall be filed with the 
Assistant Attorney General and the Commission not later than 10 
business days after the date the agreements are executed.

SEC. 7. DISCLOSURE EXEMPTION.

    Any information or documentary material filed with the Assistant 
Attorney General or the Commission pursuant to this Act shall be exempt 
from disclosure under section 552 of title 5, and no such information 
or documentary material may be made public, except as may be relevant 
to any administrative or judicial action or proceeding. Nothing in this 
section is intended to prevent disclosure to either body of Congress or 
to any duly authorized committee or subcommittee of the Congress.

SEC. 8. ENFORCEMENT.

    (a) Civil Penalty.--Any brand name drug company or generic drug 
applicant which fails to comply with any provision of this Act shall be 
liable for a civil penalty of not more than $11,000, for each day 
during which such entity is in violation of this Act. Such penalty may 
be recovered in a civil action brought by the United States, or brought 
by the Commission in accordance with the procedures established in 
section 16(a)(1) of the Federal Trade Commission Act (15 U.S.C. 56(a)).
    (b) Compliance and Equitable Relief.--If any brand name drug 
company or generic drug applicant fails to comply with any provision of 
this Act, the United States district court may order compliance, and 
may grant such other equitable relief as the court in its discretion 
determines necessary or appropriate, upon application of the Assistant 
Attorney General or the Commission.

SEC. 9. RULEMAKING.

    The Commission, with the concurrence of the Assistant Attorney 
General and by rule in accordance with section 553 of title 5 United 
States Code, consistent with the purposes of this Act--
            (1) may define the terms used in this Act;
            (2) may exempt classes of persons or agreements from the 
        requirements of this Act; and
            (3) may prescribe such other rules as may be necessary and 
        appropriate to carry out the purposes of this Act.

SEC. 10. SAVINGS CLAUSE.

    Any action taken by the Assistant Attorney General or the 
Commission, or any failure of the Assistant Attorney General or the 
Commission to take action, under this Act shall not bar any proceeding 
or any action with respect to any agreement between a brand name drug 
company and a generic drug applicant at any time under any other 
provision of law, nor shall any filing under this Act constitute or 
create a presumption of any violation of any antitrust or competition 
laws.

SEC. 11. EFFECTIVE DATE.

    This Act shall--
            (1) take effect 30 days after the date of enactment of this 
        Act; and
            (2) shall apply to agreements described in section 5 that 
        are entered into 30 days after the date of enactment of this 
        Act.

            Passed the Senate November 18, 2002.

            Attest:

                                                  JERI THOMSON,

                                                             Secretary.
Drug Competition Act of 2002 - (Sec. 5) Requires a generic drug applicant that has submitted an Abbreviated New Drug Application (ANDA) and a brand name drug company that enter into an agreement, prior to the generic drug entering the market, regarding the manufacture, marketing, or sale of the brand name or the generic drug, or regarding the 180-day semi-exclusivity period referred to in the Federal Food, Drug, and Cosmetic Act as it applies to such ANDA or any other ANDA based on the same brand name drug, to each file such agreement and any related agreements with the Assistant Attorney General and the Federal Trade Commission (FTC). Makes an exception for agreements that solely concern purchase orders for raw material supplies, equipment and facility contracts, or employment or consulting contracts. Requires such agreements to be filed not later than ten business days after the date they are executed.(Sec. 7) Exempts any such information or documentary material filed from disclosure under the Freedom of Information Act. Prohibits such information or material from being made public, except as relevant to any administrative or judicial action or proceeding.(Sec. 8) Subjects an applicant or company to a civil penalty of up to $11,000 for each day such entity fails to comply with this Act, recoverable in a civil action brought by the United States or the FTC. Authorizes a U.S. district court to order compliance and grant equitable relief.

SECTION 1. ALEXANDER CREEK VILLAGE RECOGNITION.

    The Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) is 
amended by adding at the end the following:

``SEC. 43. ALEXANDER CREEK VILLAGE RECOGNITION.

    ``(a) Recognition of the Village of Alexander Creek.--Subject to 
the limitations of this section and notwithstanding section 1432(d) of 
the Alaska National Interest Lands Conservation Act (Public Law 96-487) 
to the contrary, Alexander Creek, located within Township 15N, Range 
7W, Seward Meridian, Alaska, is and shall be recognized as an eligible 
Native village under section 11(b)(3) of this Act.
    ``(b) Definitions.--For the purposes of this section, the following 
terms apply:
            ``(1) The term `agency' includes--
                    ``(A) any instrumentality of the United States;
                    ``(B) any element of an agency; and
                    ``(C) any wholly owned or mixed-owned corporation 
                of the United States Government identified in chapter 
                91 of title 31, United States Code.
            ``(2) The term `conservation system unit' has the meaning 
        given that term in the Alaska National Interest Lands 
        Conservation Act.
            ``(3) The term `Alexander Creek' means Alexander Creek 
        Incorporated, an Alaska Native Group corporation, organized 
        pursuant to this Act.
            ``(4) The term `property' has the meaning given that term 
        in Public Law 94-204 (43 U.S.C. 1611 note).
            ``(5) The term `Region' means Cook Inlet Region 
        Incorporated, an Alaska Native Regional Corporation, which is 
        the appropriate Regional Corporation for Alexander Creek under 
        section 1613(h) of this Act.
            ``(6) The term `CIRI Property Account' means the account in 
        the Treasury established by the Secretary of the Treasury 
        pursuant to section 12(b) of Public Law 94-204 (43 U.S.C. 1611 
        note), referred to in that section as the `Cook Inlet Region, 
        Incorporated property account'.
    ``(c) Establishment.--(1) The Secretary of the Treasury, in 
consultation with the Secretary of the Interior, shall establish an 
account in the Treasury to be known as the `Alexander Creek account' 
which shall be funded in the full amount provided for by this section 
within 24 months of the date of enactment of this section
    ``(2) Funds in the Alexander Creek account shall--
            ``(A) be available to Alexander Creek for bidding on and 
        purchasing property sold at public sale, subject to paragraph 
        (3); and
            ``(B) remain available until expended.
    ``(3)(A) Alexander Creek may use funds in the Alexander Creek 
account to bid as any other bidder for property in Alaska at any public 
sale by an agency and may purchase such property in accordance with 
applicable laws and regulations of the agency offering the property for 
sale.
    ``(B) In conducting a transaction described in subparagraph (A), an 
agency shall accept, in the same manner as cash, any amount tendered 
from the Alexander Creek account. The Secretary of the Treasury shall 
adjust the balance of the Alexander Creek account to reflect the 
transaction.
    ``(C) The Secretary of the Treasury, in consultation with the 
Secretary of the Interior, shall establish procedures for the following 
transactions related to the Alexander Creek account:
            ``(i) Receipt of deposits.
            ``(ii) Receipt of deposits into escrow when an escrow is 
        required for the sale of property.
            ``(iii) Reinstatement to the Alexander Creek account of any 
        unused escrow deposits in the event that a sale of property is 
        not consummated.
    ``(d) Amount.--(1) The initial balance of the Alexander Creek 
account shall be the fair market value as determined by the appraisal 
conducted under subsection (g) of the surface estate of the 
approximately 61,440 acres of deficiency selections previously made by 
Alexander Creek, which comprise the following parcels of land:
                    ``T. 2 T., R. 19 W., secs. 3 and 4.
                    ``T. 2 T., R. 19 W., sec. 10.
                    ``T. 2 T., R. 19 W., secs. 14 and 15.
                    ``T. 3 T., R. 19 W., sec. 30.
                    ``T. 2 T., R. 20 W., secs. 20 through 23.
                    ``T. 3 T., R. 20 W., sec. 10.
                    ``T. 3 T., R. 20 W., sec. 14.
                    ``T. 3 T., R. 20 W., secs. 24 and 25.
                    ``T. 1 T., R. 26 W., sec. 31.
                    ``T. 2 T., R. 27 W., secs. 3 and 4.
                    ``T. 2 T., R. 29 W., secs. 3 through 5.
                    ``T. 2 S., R. 19 W., sec. 18.
                    ``T. 2 S., R. 20 W., secs. 12 and 13.
                    ``T. 2 S., R. 20 W., sec. 24.
                    ``T. 2 S., R. 20 W., secs. 26 and 27.
                    ``T. 2 S., R. 20 W., secs. 33 and 34.
                    ``T. 3 S., R. 23 W., sec. 25.
                    ``T. 6 S., R. 24 W., secs. 1 and 2.
                    ``T. 6 S., R. 24 W., sec. 11.
                    ``T. 6 S., R. 24 W., secs. 18 through 20.
                    ``T. 9 S., R. 27 W., secs. 6 and 7.
                    ``T. 7 S., R. 28 W., sec. 2.
                    ``T. 7 S., R. 28 W., sec. 21.
                    ``T. 7 S., R. 28 W., secs. 28 and 29.
                    ``T. 7 S., R. 28 W., secs. 31 through 33.
                    ``T. 8 S., R. 28 W., secs. 5 through 7.
                    ``T. 9 S., R. 28 W., sec. 1.
                    ``T. 9 S., R. 28 W., sec. 12.
                    ``T. 7 S., R. 29 W., sec. 12.
                    ``T. 8 S., R. 29 W., sec. 1.
                    ``T. 8 S., R. 29 W., secs. 3 and 4.
                    ``T. 8 S., R. 29 W., secs. 8 through 20.
                    ``T. 2 N., R. 20 W., sec. 13.
                    ``T. 1 N., R. 27 W., sec. 8.
                    ``T. 1 N., R. 27 W., sec. 16.
                    ``T. 1 N., R. 27 W., secs. 20 through 23.
                    ``T. 1 N., R. 27 W., sec. 25.
                    ``T. 1 N., R. 27 W., sec. 36.
                    ``T. 1 N., R. 28 W., secs. 1 and 2.
                    ``T. 1 N., R. 28 W., secs. 8 through 11.
                    ``T. 1 N., R. 28 W., secs. 16 through 18.
                    ``T. 3 S., R. 23 W., sec. 8.
                    ``T. 3 S., R. 23 W., sec. 26.
                    ``T. 3 S., R. 23 W., sec. 33.
                    ``T. 6 S., R. 24 W., secs. 27 and 28.
                    ``T. 7 S., R. 28 W., secs. 4 through 7.
                    ``T. 7 S., R. 28 W., secs. 10 and 11.
                    ``T. 7 S., R. 28 W., secs. 14 and 15.
                    ``T. 7 S., R. 28 W., sec. 22.
                    ``T. 8 S., R. 29 W., sec. 5.
                    ``T. 2 N., R. 20 W., sec. 30.
                    ``T. 3 N., R. 20 W., sec. 2.
                    ``T. 3 N., R. 20 W., sec. 13.
                    ``T. 4 N., R. 20 W., sec. 33.
                    ``T. 2 N., R. 27 W., secs. 10 through 12.
                    ``T. 11 N., R. 28 W., secs. 16 through 27.
                    ``T. 2 N., R. 30 W., sec. 12.
                    ``T. 1 S., R. 20 W., sec. 4.
                    ``T. 3 S., R. 23 W., sec. 17.
                    ``T. 3 S., R. 23 W., sec. 28.
                    ``T. 6 S., R. 24 W., sec. 14.
                    ``T. 6 S., R. 24 W., sec. 21.
                    ``T. 6 S., R. 24 W., sec. 26.
                    ``T. 5 S., R. 26 W., secs. 29 and 30.
                    ``T. 7 S., R. 28 W., sec. 1.
                    ``T. 7 S., R. 29 W., sec. 1.
                    ``T. 7 S., R. 29 W., sec. 11.
                    ``T. 7 S., R. 29 W., secs. 14 through 16.
                    ``T. 7 S., R. 29 W., secs. 21 and 22.
                    ``T. 2 N., R. 19 W., sec. 7.
                    ``T. 2 N., R. 19 W., sec. 18.
    ``(2) The balance of the CIRI Property Account shall be increased 
by an amount equal to the fair market value of the subsurface estate of 
the approximately 61,440 acres of deficiency selections made by 
Alexander Creek, as described in paragraph (1): Provided, That the 
value of such subsurface estate shall not be less than 61,440 
multiplied by the acre equivalent value of the Region's entitlement 
lands under paragraph (2) of the second section of 12(b)(7)(iv) of the 
Act of January 2, 1976 (Public Law 94-204). The funds added to the CIRI 
Property Account pursuant to this subsection shall be segregated from 
all other funds therein by a method to be mutually agreed by CIRI and 
the Secretary of the Treasury.
    ``(e) Land Exchange.--The Secretary of the Interior shall enter 
into negotiations with Alexander Creek, no later than 180 days after 
the date of the enactment of this Act, to attempt to conclude, under 
the authority of section 22(f), a land exchange to acquire lands not 
within any conservation system unit from the State of Alaska or the 
Matanuska-Susitna Borough under the same procedures set forth in 
section 22(f) to enable Alexander Creek to obtain additional public 
lands within Alexander Creek's original withdrawal area in Alaska, as 
identified by Alexander Creek. The subsurface to lands conveyed to 
Alexander Creek under subsection (d) shall be conveyed, without 
consideration, to the Region and shall be treated for all purposes as 
subsurface land conveyed to the Region under section 14(f). Any land 
exchange to be undertaken pursuant to this subsection must be approved 
by Alexander Creek, and must be completed no later than 36 months after 
the date of the enactment of this Act.
    ``(f) Adjustment in Account.--If a conveyance of surface estate is 
made to Alexander Creek pursuant to subsection (e), the Alexander Creek 
account shall be reduced by the amount of the actual acres conveyed 
multiplied by the average value per acre of the surface acres appraised 
under subsection (g). If a conveyance of subsurface estate is made to 
the Region pursuant to subsection (d), the CIRI Property Account shall 
be reduced by the amount of the actual acres conveyed multiplied by the 
average value per acre of the subsurface acres appraised under 
subsection (g).
    ``(g) Appraisal.--(1)(A) Subject to subsection (d)(2), the 
Secretary shall determine the amount to be deposited into the Alexander 
Creek and CIRI Property accounts by separately appraising, on a 
reasonable basis, based on all available evidence, the fair market 
value, as of the date of the enactment of this section, of the surface 
and subsurface of each section selected as a separate parcel and 
considering that `public interest' use may be the highest and best use 
of such parcels.
    ``(B) Alexander Creek and the Region shall each have the 
opportunity to present evidence of value to the Secretary solely with 
respect to the respective estates involved, comprising surface estate 
for Alexander Creek and subsurface estate for the Region. The Secretary 
shall provide Alexander Creek and the Region with a preliminary draft 
of the appraisal. Alexander Creek and the Region shall have a 
reasonable and sufficient opportunity to comment on the appraisal.
    ``(2) The Secretary shall forward a certified copy of the appraisal 
of their separate and respective estates each to Alexander Creek, and 
the Region.
    ``(h) Implementation.--(1) Alexander Creek may assign to any person 
or corporation without restriction any or all of the Alexander Creek 
account upon written notification to the Secretary of the Treasury and 
the Secretary of the Interior. In the event that such an assignment is 
made to the Region, on notice from Alexander Creek to the Secretary of 
the Treasury and the Secretary of the Interior, and subject to the 
written consent of the Region in its sole and absolute discretion, the 
amount of such assignment shall be added to or made a part of the CIRI 
Property Account, and may be used in the same manner as other funds in 
that account.
    ``(2) Except for such lands as Alexander Creek has received prior 
to enactment of this section, and such lands it is entitled to recover 
as a Group Corporation, upon completion by the Secretary of the 
Interior of the appraisal process pursuant to subsection (g), and 
notification to the Secretary from Alexander Creek that Alexander Creek 
accepts the results of the appraisal process, Alexander Creek shall be 
deemed to have accepted the terms of this section in lieu of any other 
land entitlement it could have received as a village pursuant to this 
Act, including, without limitation, any lands it would have received 
pursuant to section 12(b). Such acceptance shall satisfy all claims 
Alexander Creek had or may have had against the United States on the 
date of the enactment of this section.
    ``(3) Any land acquired by Alexander Creek with funds from the 
Alexander Creek account shall be deemed to be a conveyance pursuant to 
this Act.
    ``(i) Treatment of Amounts From the Alexander Creek Account.--The 
Secretary of the Treasury and the heads of agencies shall administer 
sales pursuant to this section in the same manner as is provided for 
any other Native village authorized by law as of the date of the 
enactment of this section (including the use of similar accounts for 
bidding on and purchasing property sold for public sale).
    ``(j) Limitation on Agents' and Attorneys' Fees.--No more than 2.5 
percent of payments received by or on behalf of Alexander Creek under 
this section may be paid to or received by any agent or attorney for 
services rendered in connection with obtaining such payment, any 
contract to the contrary notwithstanding. Any person who violates this 
subsection shall be guilty of a misdemeanor and shall be subject to a 
fine in the amount provided in title 18, United States Code.
    ``(k) Shareholder Participation.--Alexander Creek shall notify each 
member of the Native village recognized under this section that, upon 
the effective date of this provision, such members shall cease to 
receive benefits from the Region as at-large shareholders pursuant to 
section 7(m), and that all future resource payments from the Region 
shall be made to the Village Corporation pursuant to section 7(j). The 
Region shall not be liable under any State, Federal or local law, or 
under State or Federal common law, for damages arising out of or 
related to the cessation of payments to such individuals under section 
7(m) pursuant to this section.
    ``(l) Statutory Construction.--Nothing in this section shall be 
construed to--
            ``(1) limit, alter, violate, breach, or otherwise affect 
        the rights of any party under a contract, settlement agreement, 
        or land exchange entered into prior to enactment of this 
        section between Alexander Creek and any party, or one or more 
        parties to any contract, settlement, agreement, or land 
        exchange predicated upon Alexander Creek's Native village 
        status under this Act; or
            ``(2) diminish, reduce, or modify the acreage entitlement 
        to which Alexander Creek became entitled to as a Group 
        Corporation.''.
Amends the Alaska Native Claims Settlement Act (ANCSA) to recognize the village of Alexander Creek, Alaska, as eligible for land and benefits under the Act, notwithstanding specified provisions of the Alaska National Interest Lands Conservation Act.

Establishes in the Treasury the Alexander Creek account and makes the account's funds available to Alexander Creek Incorporated for purchasing property sold at public sale. Increases the existing CIRI Property Account's balance by the subsurface value of Alexander Creek's selections.

Directs the Secretary of the Interior to negotiate for a land exchange to acquire the surface estate in lands not in any conservation system unit from Alaska or the Mantanuska-Susitna Borough to enable Alexander Creek to obtain additional public lands in Alexander Creek's original withdrawal area in Alaska.

Requires the subsurface estate to the lands conveyed to Alexander Creek to be conveyed to CIRI.

Deems Alexander Creek, on completion (and acceptance by Alexander Creek) of an appraisal, to have accepted the terms of this Act in lieu of any other land entitlement it could have received as a village under ANCSA. Requires that such acceptance satisfy all claims of Alexander Creek against the United States.

Requires Alexander Creek to notify each Alexander Creek member that the members will cease to receive benefits from CIRI as at-large shareholders and that all future resource payments from the Region will be made to the Village Corporation. Relieves CIRI from liability under any state, federal, or local law for damages related to that payment cessation.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Digital TV Transition Fairness 
Act''.

SEC. 2. DEFINITIONS.

    In this Act, the following definitions shall apply:
            (1) Assistant secretary.--The term ``Assistant Secretary'' 
        means the Assistant Secretary for Communications and 
        Information of the Department of Commerce.
            (2) Commission.--The term ``Commission'' means the Federal 
        Communications Commission.
            (3) Digital-to-analog converter box.--The term ``digital-
        to-analog converter box'' has the same meaning as in section 
        3005(d) of the Digital Television Transition and Public Safety 
        Act of 2005.
            (4) Local market.--The term ``local market'' has the same 
        meaning as in section 122(j) of title 17, United States Code.
            (5) Multichannel video programming distributor.--The term 
        ``multichannel video programming distributor'' has the same 
        meaning as in section 602(13) of the Communications Act of 
        1934.
            (6) Television broadcast station.--The term ``television 
        broadcast station'' has the same meaning as in section 
        325(b)(7) of the Communications Act of 1934.

SEC. 3. DIGITAL VIEWERSHIP COUPON PROGRAM.

    (a) Creation of Program.--The Assistant Secretary, in coordination 
and consultation with the Commission, shall implement and administer a 
program through which households or individuals in the United States 
may obtain coupons that can be applied toward--
            (1) the cost to install a digital-to-analog converter box;
            (2) the purchase of an indoor or outdoor antenna, or both 
        if needed, to facilitate the reception and display of signals 
        of channels broadcast in digital television service;
            (3) the cost to install any antenna described in paragraph 
        (2); and
            (4) the cost to install, or the cost of any other equipment 
        needed to receive and display, basic broadcast television 
        service, as such service is described in section 4.
    (b) Program Specifications.--
            (1) Eligibility.--
                    (A) Household or individual.--Any household or 
                individual that was or is eligible for a digital-to-
                analog converter box coupon under the coupon program 
                established under section 3005 of the Digital 
                Television Transition and Public Safety Act of 2005 
                shall be eligible to receive a coupon under the coupon 
                program established under this section.
                    (B) Product eligibility.--The Assistant Secretary, 
                in consultation with the Commission, shall determine 
                minimum standards for which types of antennas, 
                installation providers, and other companies are 
                eligible to participate in the coupon program 
                established under this section. Such minimum standards 
                shall be established not later than 30 days after the 
                date of enactment of this Act.
                    (C) Limitation.--No household or individual may be 
                eligible to participate in the coupon program 
                established under this section if--
                            (i) on the date of enactment of this Act, 
                        the household or individual was receiving 
                        broadcast television that it had purchased from 
                        a multichannel video programming distributor; 
                        or
                            (ii) after the date of enactment of this 
                        Act, the household or individual purchases 
                        television broadcasts, other than basic 
                        broadcast television service described in 
                        section 4, from a multichannel video 
                        programming distributor.
            (2) Request.--A household or individual may obtain coupons 
        under this section by making a request as required by the 
        regulations implementing this section.
            (3) Coupon value.--The Assistant Secretary shall determine 
        the value of any coupons issued under this section, provided 
        that the value of any single coupon does not exceed $80. In 
        making the determination of the value of any single coupon, the 
        Assistant Secretary shall consider the purpose for which the 
        requesting household or individual is requesting the coupon and 
        the types of costs to which the coupon will be applied.
            (4) Duration.--All coupons issued under this section shall 
        expire upon the later of the date of termination of the program 
        established under this section or 90 days.
            (5) Termination.--The program established under this 
        section shall terminate on the date that is 18 months after the 
        date on which the first coupon under this section is issued.
    (c) Consumer Education.--The Assistant Secretary shall develop, in 
consultation with the Commission and broadcast and television industry 
representatives, an Internet website and a toll-free telephone hotline 
accessible to consumers that have degraded or lost signals or channels 
as a result of the full power transition from analog to digital 
television that is to occur on February 17, 2009. The website and 
telephone hotline shall provide relevant information in order to assist 
consumers in determining--
            (1) if the purchase or installation of an outdoor or indoor 
        antenna will assist the consumer in resolving or improving 
        their digital television reception problems; and
            (2) what options are available to them should they find 
        that purchasing an outdoor or indoor antenna will not assist in 
        resolving or improving their digital television reception.
    (d) Reporting Requirement.--
            (1) In general.--Not later than 1 month after the date of 
        enactment of this Act, and every 7 days thereafter, the 
        National Telecommunications and Information Administration 
        shall make publicly available on its website the--
                    (A) number of requests for coupons under this 
                section;
                    (B) number of coupons issued under this section;
                    (C) amount of each coupon issued, including the 
                total amount of all such issued coupons;
                    (D) types of costs to which each such issued coupon 
                will be applied, as such costs are self-reported on the 
                application of each household or individual;
                    (E) number of issued coupons that have been 
                redeemed; and
                    (F) amount of unobligated and unexpended funds that 
                remain from the amounts authorized under section 6.
            (2) Termination.--The requirement described under paragraph 
        (1) shall terminate 3 months after the last coupon under this 
        section is issued.

SEC. 4. BASIC BROADCAST TELEVISION SERVICE.

    (a) Requirement.--
            (1) In general.--The Commission shall promulgate rules 
        requiring that each multichannel video programming distributor, 
        who provides broadcast television for a local market, provide 
        to eligible consumers in that local market access to basic 
        broadcast television service, as such service is described in 
        subsection (b).
            (2) Safe harbor.--
                    (A) In general.--The retransmission or secondary 
                transmission of any televison broadcast station by a 
                multichannel video programming distributor pursuant to 
                paragraph (1) shall not be subject to any prohibitions 
                on such activities as described under sections 325 and 
                338 of the Communications Act of 1934 or under section 
                122 of title 17, United States Code, and any such 
                distributor shall be immune from any civil liability 
                related to fulfilling the requirements under paragraph 
                (1).
                    (B) Fee exemption.--In promulgating rules under 
                paragraph (1), the Commission shall require that each 
                television broadcast station--
                            (i) grant consent to multichannel video 
                        programming distributors to retransmit the 
                        signal of such broadcasting station only for 
                        the purposes of fulfilling the requirements 
                        under paragraph (1); and
                            (ii) waive any fees or charges that are 
                        customarily or usually applied for the grant of 
                        such consent.
    (b) Basic Broadcast Television Service.--Any rule promulgated under 
subsection (a) relating to the definition of basic broadcast television 
service shall ensure that, at a minimum, such service includes the 
transmission, retransmission, or secondary transmission of the over-
the-air signal of any nonsubscription television broadcast station 
located within the local market.
    (c) Eligible Consumers.--
            (1) In general.--For purposes of this section, an 
        ``eligible consumer'' is a consumer whose primary residence is 
        located in a local market where at least 1 television broadcast 
        station has certified to the Commission that channel signal 
        loss has occurred as a result of the transition from analog to 
        digital television that is to occur on February 17, 2009.
            (2) Loss of eligibility; purchase of additional service.--
        If at any time after purchasing basic broadcast television 
        service pursuant to this section, an eligible consumer 
        purchases any additional channel service from a multichannel 
        video programming distributor, such consumer shall no longer be 
        eligible to purchase such basic broadcast television service.
    (d) Additional Cost Requirements.--In promulgating rules under 
subsection (a), the Commission shall ensure that--
            (1) the cost to purchase basic broadcast television service 
        does not exceed $10 per month, except that such maximum monthly 
        fee shall be adjusted annually in accordance with the annual 
        percentage increase in the Consumer Price Index of the Bureau 
        of Labor Statistics of the Department of Labor in increments of 
        $1 only when the percentage increase in such index, when 
        applied to the maximum monthly fee, produces dollar increases 
        that exceed $1; and
            (2) a multichannel video programming distributor providing 
        such basic broadcast service may not charge installation costs 
        for such service that are in excess of the regular market rate 
        charged to normal non-basic broadcast customers who purchase 
        installation for any other services provided by the 
        multichannel video programming distributor.
    (e) Report to Congress.--Not later than 6 months after the date of 
enactment of this Act, and every 12 months thereafter, the Commission 
shall submit a report to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on Energy and Commerce 
of the House of Representatives on--
            (1) the number of eligible consumers who have purchased 
        basic broadcast television service;
            (2) the problems encountered by eligible consumers and 
        multichannel video programming distributors in adhering to the 
        requirements of this section; and
            (3) any other information the Commission determines 
        appropriate.
    (f) Public Availability.--The Commission shall make any report 
required under subsection (e) available to the public on its website in 
a searchable and downloadable manner.
    (g) Termination Only by Act of Congress.--This section may be 
limited, canceled, terminated, or rescinded only by an Act of Congress.

SEC. 5. OUTREACH CAMPAIGN.

    (a) In General.--The Commission, in consultation and coordination 
with the National Telecommunications and Information Administration, 
the Administrator of the Administration on Aging, the heads of any 
other relevant Federal agency, State and local agencies, the broadcast, 
cable, satellite, and other telecommunications industries, and 
nonprofit, religious, community-based, and other similar organizations, 
shall carry out an education and outreach campaign to inform and 
educate consumers on the availability, benefits, and advantages of the 
programs and requirements established under this Act.
    (b) Requirements.--The education and outreach campaign required 
under subsection (a) shall, at a minimum--
            (1) begin immediately upon the date of enactment of this 
        Act;
            (2) involve dissemination of information over radio, 
        television, the Internet, and other electronic media, as well 
        other traditional nonelectronic media;
            (3) require that each agency described in subsection (a) 
        maintain information relating to the programs and requirements 
        established under this Act on the website of such agency; and
            (4) require efforts to inform and educate all relevant 
        consumers, in particular those consumers--
                    (A) in vulnerable populations such as--
                            (i) senior citizens;
                            (ii) consumers living in rural and tribal 
                        areas;
                            (iii) non-English speaking consumers;
                            (iv) consumers with disabilities; and
                            (v) low-income consumers; and
                    (B) located in a local market where channel signal 
                loss as a result of the full power transition from 
                analog to digital television that is to occur on 
                February 17, 2009, is likely or predicted to be likely.
    (c) Provision of Funds.--The Commission may distribute funds to 
nonprofit, religious, community-based, and other similar organizations 
to assist with the education and outreach campaign required under this 
section.
    (d) Website.--Each Federal agency participating in the education 
and outreach campaign required under this section shall work to ensure 
the existence and operation of a single website accessible by the 
public that shall serve as the clearinghouse for all information 
relating to this Act and the programs established by this Act.

SEC. 6. FUNDING.

    (a) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this Act $75,000,000 for each of fiscal years 
2009 and 2010. Any amounts appropriated to carry out this Act shall 
remain available until expended.
    (b) Transfer of Funds in the Digital Television Transition and 
Public Safety Fund.--Notwithstanding any other provision of law, any 
funds remaining in the Digital Television Transition and Public Safety 
Fund established under section 309(j)(8)(E) of the Communications Act 
of 1934 (47 U.S.C. 309(j)(8)(E)) shall, upon the expiration of the 
digital-to-analog converter box program established under section 3005 
of the Digital Television Transition and Public Safety Act of 2005, be 
used to cary out the provisions of this Act.

Digital TV Transition Fairness Act - Requires the Department of Commerce to implement and administer a program to obtain coupons that can be applied toward: (1) the cost to install a digital-to-analog converter box; (2) the purchase and installation of an indoor or outdoor antenna, or both if needed, to facilitate the reception and display of signals of channels broadcast in digital television service; and (3) the cost to install, or the cost of any other equipment needed to receive and display, basic broadcast television service.

Sets forth consumer and product eligibility criteria.

Provides for a website and telephone hotline to provide relevant information to assist consumers that have degraded or lost signals or channels as a result of the full power transition from analog to digital television that is to occur on February 17, 2009.

Requires the Federal Communications Commission (FCC) to promulgate rules requiring that each multichannel video programming distributor providing broadcast television for a local market provide to eligible consumers in that local market access to basic broadcast television service.

Directs the FCC to carry out an education and outreach campaign to inform and educate consumers on the availability, benefits, and advantages of the programs and requirements established under this Act.