Input:
SECTION 1. SHORT TITLE; REFERENCES IN ACT.

    (a) Short Title.--This Act may be cited as the ``Pipeline Safety
Act of 2000''.
    (b) References in Act.--Except as specifically provided in this
Act, whenever in this Act an amendment or repeal is expressed as an
amendment or repeal of a provision, the reference shall be deemed to be
made to title 49, United States Code.

SEC. 2. DEFINITIONS.

    Section 60101 is amended--
            (1) by striking ``and'' at the end of paragraph (24);
            (2) by striking the period at the end of paragraph (25) and
        inserting ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(26) `release of a hazardous liquid or gas' means any
        spilling, leaking, emitting, discharging, dumping, disposing,
        or any other uncontrolled escape of a hazardous liquid or gas
        from a pipeline.''.

SEC. 3. EXPANDED STATE AUTHORITY.

    (a) Additional Training and Education.--Section 60102(a) is amended
by adding at the end the following new paragraph:
    ``(3)(A) A State may, by regulation, require individuals described
in paragraph (1)(C) who operate a pipeline facility in such State to
satisfy training and education requirements that are in addition to any
qualifications required under that paragraph.
    ``(B) Subject to subparagraph (C), the Secretary may determine that
a regulation under subparagraph (A) unduly burdens interstate commerce
or that a State lacks the resources or expertise necessary to carry out
a regulation under that subparagraph. A State may not enforce a
regulation covered by a determination under the preceding sentence.
    ``(C) The Secretary may make a determination under subparagraph (B)
only--
            ``(i) after notifying the State concerned in writing of the
        Secretary's objections to the regulation;
            ``(ii) after affording the State an opportunity to take
        action within a period of time (not to exceed 90 days)
        specified by the Secretary to modify the regulation to take
        into account the objections specified under clause (i); and
            ``(iii) after a public hearing.''.
    (b) Use of Leak Detection Devices.--Section 60102(j) is amended by
adding at the end the following new paragraph:
    ``(4)(A)(i) A State may, by regulation, require the use of
equipment in such State to detect and locate pipeline releases of
hazardous liquids or gases.
    ``(ii) A State may require equipment under clause (i) only if--
            ``(I) the Secretary has determined the equipment to be
        effective and useful for detecting releases of hazardous
        liquids or gases; or
            ``(II) the equipment is commonly used in the pipeline
        industry for detecting such releases.
    ``(B) Subject to subparagraph (C), the Secretary may determine that
a regulation under subparagraph (A) unduly burdens interstate commerce
or that a State lacks the resources or expertise necessary to carry out
a regulation under that subparagraph. A State may not enforce a
regulation covered by a determination under the preceding sentence.
    ``(C) The Secretary may make a determination under subparagraph (B)
only--
            ``(i) after notifying the State concerned in writing of the
        Secretary's objections to the regulation;
            ``(ii) after affording the State an opportunity to take
        action within a period of time (not to exceed 90 days)
        specified by the Secretary to modify the regulation to take
        into account the objections specified under clause (i); and
            ``(iii) after a public hearing.''.
    (c) Relation to Federal Preemption.--The second sentence of section
60104(c) is amended by striking ``A State'' and inserting ``Except as
otherwise provided in sections 60102 and 60106, a State''.
    (d) State Pipeline Safety Agreements.--
            (1) In general.--Section 60106 is amended--
                    (A) in subsection (a)--
                            (i) in the second sentence, by striking
                        ``agreement shall--'' and inserting
                        ``agreement--'';
                            (ii) in paragraph (1)--
                                    (I) by inserting ``shall'' before
                                ``establish''; and
                                    (II) by striking ``and'' at the
                                end;
                            (iii) in paragraph (2)--
                                    (I) by inserting ``shall'' before
                                ``prescribe''; and
                                    (II) by striking the period at the
                                end and inserting ``; and''; and
                            (iv) by adding at the end the following new
                        paragraph:
            ``(3) may permit the State authority to--
                    ``(i) require inspections and tests of pipeline
                facilities that are in addition to Federal requirements
                under this chapter;
                    ``(ii) enforce Federal minimum safety standards
                under this chapter;
                    ``(iii) require, by regulation, the owner or
                operator of a pipeline facility in the State to certify
                to the State that its safety procedure and accident
                response plans comply with the safety requirements
                prescribed under this chapter; and
                    ``(iv) regulate activities related to the safety of
                pipeline facilities if such regulation--
                            ``(I) would enhance the safety of those
                        facilities; and
                            ``(II) would not include safety standards
                        less stringent than are otherwise imposed under
                        this chapter.'';
                    (B) by redesignating subsections (b) through (d) as
                subsections (c) through (e), respectively;
                    (C) by inserting after subsection (a) the following
                new subsection (b):
    ``(b) Approval of Agreements.--(1) The Secretary shall approve an
agreement submitted by a State authority under subsection (a) not later
than 90 days after the date of its submittal under that subsection.
    ``(2) The Secretary may not approve an agreement submitted under
subsection (a) if the Secretary determines that the agreement would
unduly burden interstate commerce or that the State authority lacks the
resources or expertise necessary to carry out the agreement.''; and
                    (D) by amending subsection (e), as so redesignated,
                to read as follows:
    ``(e) Ending Agreements.--(1) Subject to paragraphs (2) and (3),
the Secretary may end an agreement under this section if the Secretary
finds that the State authority concerned has not complied with the
agreement.
    ``(2) The Secretary may end an agreement under paragraph (1) only--
            ``(A) after notifying the State authority in writing of the
        finding of the Secretary under that paragraph;
            ``(B) after affording the State authority an opportunity to
        take action with a period of time (not to exceed 90 days)
        specified by the Secretary to comply with the agreement; and
            ``(C) after a public hearing.
    ``(3) The Secretary shall, after complying with paragraph (2),
publish in the Federal Register a notice of a finding and decision
under this subsection. The finding and decision shall not take effect
until at least 15 days after the date of its publication under the
preceding sentence.''.
            (2) Sense of congress.--It is the sense of Congress that
        the Secretary of Transportation should aggressively pursue
        entry into pipeline safety agreements with States under section
        60106 of title 49, United States Code, as amended by paragraph
        (1).
    (e) State Pipeline Safety Grants.--Paragraph (1) of section
60107(a) is amended to read as follows:
            ``(1) to carry out a safety program under a certification
        under section 60105 or an agreement under section 60106, and to
        carry out any other any other authority permitted a State under
        this chapter; or''.
    (f) State Role in Accident Response and Prevention.--Congress
recognizes that each State has a role in--
            (1) the determination of equipment needs for responses to
        accidents involving a pipeline facility;
            (2) the development of training curriculum for police,
        fire, and emergency medical personnel within the State;
            (3) the development of prevention planning and preparedness
        for spills within the State; and
            (4) in areas where their partnership and their
        understanding of local conditions and circumstances would
        enhance safety.

SEC. 4. PUBLIC RIGHT TO KNOW.

    Section 60102(c) is amended by adding at the end the following new
paragraph:
    ``(5) Public right to know.--
                    ``(A) The Secretary shall include in the standards
                prescribed under subsection (a) a requirement that the
                owner or operator of each interstate pipeline facility
                notify the entities and individuals described in
                subparagraph (B) of any inspection or testing of a
                pipeline facility, any rupture in the pipeline
                facility, and any release of a hazardous liquid or gas
                described in subparagraph (C) from such facility and
                provide a summary of any data obtained from such
                inspection, testing, rupture, or release to those
                entities and individuals.
                    ``(B) The entities and individuals referred to in
                subparagraph (A) are--
                            ``(i) appropriate Federal and State
                        regulatory authorities; and
                            ``(ii) municipalities, school districts,
                        businesses, and residents likely to be impacted
                        by an accident involving the pipeline facility
                        that was inspected or tested or with respect to
                        which a rupture of a pipeline facility or
                        release of a hazardous liquid or gas was found.
                    ``(C) A release of a hazardous liquid or gas
                described in subparagraph (A) is a release involving--
                            ``(i) any spill in excess of 40 liquid
                        gallons; or
                            ``(ii) any spill of more than 30 days
                        duration.''.

SEC. 5. NEW FEDERAL REQUIREMENTS.

    Section 60108(b) is amended--
            (1) in paragraph (1), by striking the second sentence; and
            (2) by amending paragraph (2) to read as follows:
    ``(2)(A) Not later than December 1, 2000, the Secretary shall
require that--
            ``(i) inspections under paragraph (1) of the internal
        condition of a pipeline facility where the pipe is capable of
        accommodating internal inspection devices, shall occur at least
        once every 5 years; and
            ``(ii) effective with a determination by the Secretary that
        the appropriate technology for inspections is sufficiently
        reliable, inspections under paragraph (1) of the external
        condition of a pipeline facility shall occur at least once
        every 5 years.
    ``(B) The Secretary shall--
            ``(i) notify the Federal and State authorities having
        responsibility for the regulation of the inspected pipeline
        facility and those municipalities, school districts,
        businesses, and residents reasonably likely to be impacted by
        an accident involving the inspected pipeline facility of the
        results of the inspections conducted under subparagraph (A);
        and
            ``(ii) make available to the public the information
        notified under clause (i).
    ``(C) The Secretary shall take steps to remedy any problem in a
pipeline facility and may require additional testing of the pipeline
facility.''.

SEC. 6. ENHANCED QUALIFICATIONS OF PIPELINE OPERATORS.

    Section 60102(a)(1)(C) is amended to read as follows:
            ``(C) shall include a requirement that all individuals
        responsible for the operation and maintenance of pipeline
        facilities be tested for qualification to perform such
        functions and certified as qualified by the Secretary to
        perform such functions, and may include a requirement that
        those individuals obtain additional education and training to
        qualify to perform such functions.''.

SEC. 7. STUDY AND REPORT.

    (a) Study.--The Secretary of Transportation shall conduct a study
on--
            (1) the status of the reliability and accuracy of internal
        and external inspection devices for pipeline facilities;
            (2) a determination of the optimal minimum burial depth of
        such pipeline facilities;
            (3) the feasibility of requiring failsafe mechanisms that
        are nonelectronic and that do not rely on any human or
        administrative process;
            (4) the effectiveness of current failsafe mechanisms; and
            (5) the practicality of removing distinctions between
        natural gas and liquid pipelines and equalizing priorities
        between natural gas and liquid pipelines.
    (b) Report.--Not later than one year after the date of enactment of
this Act, the Secretary of Transportation shall submit a report to
Congress setting forth the results of the study conducted under
subsection (a).
    (c) Failsafe Mechanism Defined.--For purposes of subsection (a),
the term ``failsafe mechanism'', in the case of a pipeline, means a
nonelectronic or mechanically based system that prevents the pipeline
from exceeding its maximum operating pressure in the event of a failure
of the primary or electronic system designed for such purpose.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    (a) Gas and Hazardous Liquids.--Section 60125(a) is amended--
            (1) by striking ``and'' at the end of paragraph (4);
            (2) by striking the period at the end of paragraph (5) and
        inserting a semicolon; and
            (3) by adding at the end the following new paragraphs:
            ``(6) $50,000,000 for fiscal year 2001, of which at least
        $4,000,000 should be available only for research and
        development of inspection devices and leak detection;
            ``(7) $62,000,000 for fiscal year 2002, of which at least
        $5,000,000 should be available only for research and
        development of inspection devices and leak detection;
            ``(8) $64,000,000 for fiscal year 2003, of which at least
        $5,000,000 should be available only for research and
        development of inspection devices and leak detection;
            ``(9) $66,000,000 for fiscal year 2004, of which at least
        $6,000,000 should be available only for research and
        development of inspection devices and leak detection; and
            ``(10) $68,000,000 for fiscal year 2005, of which at least
        $6,000,000 should be available only for research and
        development of inspection devices and leak detection.''.
    (b) State Grants.--Section 60125(c)(1) is amended by adding at the
end the following new subparagraphs:
                    ``(I) $31,000,000 for the fiscal year 2001;
                    ``(J) $37,000,000 for the fiscal year 2002;
                    ``(K) $38,000,000 for the fiscal year 2003;
                    ``(L) $39,000,000 for the fiscal year 2004; and
                    ``(M) $40,000,000 for the fiscal year 2005.''.

Output:
(Sec. 3) Provides that State pipeline safety agreements may permit the State authority to: (1) require inspections and tests of pipeline facilities in addition to Federal pipeline safety requirements; (2) enforce those Federal requirements; (3) require, by regulation, the owner or operator of a pipeline facility to certify to the State that its safety procedure and accident response plans comply with such Federal requirements; and (4) regulate activities related to the safety of pipeline facilities provided certain conditions are met. Requires the Secretary of Transportation to approve an agreement submitted by a State authority not later than 90 days after its submission. Prohibits the Secretary from approving an agreement that would unduly burden interstate commerce or if the State authority lacks the resources or expertise necessary to carry out the agreement. Authorizes the Secretary, subject to specified conditions, to end an agreement if it is found that the State authority has not complied with the agreement.
Expresses the sense of Congress that the Secretary should aggressively pursue entry into pipeline safety agreements with States. Recognizes the State role in specified activities related to accident response and prevention.
(Sec. 4) Directs the Secretary to include in Federal minimum safety standards for pipeline facilities a requirement that owners or operators of interstate pipeline facilities notify appropriate Federal, State, and local entities and individuals likely to be impacted by an accident of any inspection, testing, or rupture of a pipeline facility, or any release of a hazardous liquid or gas from such facility, including any related information.
(Sec. 5) Directs the Secretary, not later than December 1, 2000, to set forth new Federal standards requiring the inspection of the internal and external condition of a pipeline facility at least once every five years. Requires the Secretary to notify those entities and individuals likely to be impacted by an accident involving an inspected pipeline facility of the results of such inspection.
(Sec. 6) Revises Federal minimum safety standards for pipeline facilities to require pipeline operators to be: (1) tested for qualification to perform enumerated functions related to the installation, testing, and maintenance of a pipeline; and (2) certified as qualified by the Secretary of Transportation to perform such functions. Allows such standards to include a requirement that such individuals obtain additional education and training to qualify to perform such functions.
(Sec. 7) Directs the Secretary to study and report to Congress on the inspection and placement of pipeline facilities.
(Sec. 8) Authorizes appropriations for: (1) research and development of inspection devices and leak detection for pipeline facilities; and (2) State pipeline safety grants.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Safe Reprocessed Medical Devices Act
of 2002''.

SEC. 2. PURPOSE.

    The purpose of this Act is to--
            (1) increase the safety and medical devices labeled as
        single-use devices that are reprocessed for additional use;
            (2) provide health professionals with more accurate
        information on the medical devices that they are using; and
            (3) provide the Food and Drug Administration with more
        accurate information on adverse events that may be caused by
        device failure.

SEC. 3. DEVICE REPROCESSING AND REUSE.

    (a) In General.--Section 502 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 352) is amended by adding at the end the
following:
    ``(u)(1) The reprocessing for reuse of a device (including the
manufacture or repeated manufacture of a previously used device) that
is intended for use on a single patient, unless such reprocessed
device--
            ``(A)(i) is subject to an order under section 515 approving
        the reprocessed device as safe and effective for the number of
        intended uses by the reprocessor as set forth in its
        submission, or
            ``(ii) is subject to an order determining that the
        reprocessed device is substantially equivalent under
        subsections (f) and (i) of section 513 to a legally marketed
        device, specifically taking into account the number of uses
        specified in the label of the reprocessed device;
            ``(B) is labeled with the number of times the device has
        been reprocessed;
            ``(C) prominently and conspicuously bears the name of the
        reprocessor and the original manufacturer of the device, a
        generally recognized abbreviation of such names, or a unique
        and generally recognized symbol identifying such manufacturers,
        except that the Secretary may waive any requirement under this
        subparagraph with respect to a device if the Secretary
        determines that compliance with the requirement is not feasible
        or would compromise the provision of reasonable assurance of
        the safety or effectiveness of the device; and
            ``(D) prominently and conspicuously bears on its label the
        following statement: `Reprocessed device for single use
        reprocessed by ________________' (the name of the reprocessor
        shall be placed in the blank space to identify the person
        responsible for reprocessing).
    ``(2)(A) Not later than 60 days after the date of enactment of this
subsection, the Secretary shall review each reprocessed device that is
exempt on such date from the requirement to submit a report under
section 510(k) and shall--
            ``(i) in the case of an exempt class I reprocessed device,
        determine whether the device is intended for a use which is of
        substantial importance in preventing impairment of human health
        or presents a potential unreasonable risk of illness or injury,
        including a review of the risks presented by reprocessing the
        device; and
            ``(ii) in the case of an exempt class II reprocessed
        device, determine whether such a report is necessary to assure
        the safety and effectiveness of the devices, including a review
        of the risks presented by reprocessing the device.
The Secretary shall solicit public comment during such 60 day period
concerning whether each device should remain exempt.
    ``(B) Based on the finding of the review conducted under
subparagraph (A) the Secretary shall, not later than 120 days after
such date of enactment, publish in the Federal Register a list of the
reprocessed devices that are no longer exempt from submission of a
report under section 510(k). The reprocessor of any such device will be
required to make a submission under section 510(k) not later than 120
days after the publication by the Secretary of such list in the Federal
Register.
    ``(C) During such 120-day period, the Secretary may not determine
that the device is misbranded under subsection (o) or adulterated under
section 501(f)(1)(B) on the basis that such report has not been
submitted to the Secretary. After the submission of the report to the
Secretary, the Secretary may not determine that the device is
misbranded under subsection (o) or adulterated under section
501(f)(1)(B) until the Secretary determines the classification of the
device under section 513 or the Secretary determines that the
submission was insufficient to make a classification.
    ``(D) Subsection (o) applies with respect to a failure to submit a
report under subsection (k) that is required pursuant to subparagraph
(A), including a failure of the report to include validation data
required in such subparagraph.
    ``(E) The termination under subparagraph (A) of an exemption under
subsection (l) or (m) for a reprocessed device does not terminate the
exemption under subsection (l) or (m) for the original device.
    ``(v) The introduction or delivery for introduction into interstate
commerce of a device which was previously used in a patient and labeled
in a manner that represents directly or indirectly that the device is
new or unused.''.
    (b) Exemptions.--Section 510 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 360) is amended--
            (1) in subsection (l), by adding at the end the following:
        ``The Secretary, in determining whether an exemption under this
        subsection applies, shall consider whether such an exemption
        would also apply to such a device when reprocessed with
        consideration given to whether additional risks, if any, from
        reprocessing should preclude such an exemption.''; and
            (2) in subsection (m), by adding at the end the following:
    ``(3) The Secretary in determining whether an exemption under this
subsection applies shall consider whether such an exemption would also
apply to such a device when reprocessed with consideration given to
whether additional risks, if any, from reprocessing should preclude
such an exemption.''.
    (c) Premarket Notification.--Section 510 of the Federal Food, Drug
and Cosmetic Act (21 U.S.C. 360) is amended by adding at the end the
following:
    ``(o) With respect to reprocessed single-use devices for which
reports are required under subsection (k):
            ``(1)(A) The Secretary shall identify such devices or types
        of devices for which reports under such subsection must, in
        order to ensure that the device is substantially equivalent to
        a predicate device, include validation data, the types of which
        shall be specified by the Secretary, regarding cleaning and
        sterilization, and functional performance demonstrating that
        the single-use device will remain substantially equivalent to
        its predicate device, after the maximum number of times the
        device is reprocessed as intended by the person submitting the
        premarket notification.
            ``(B) Not later than 60 days after the date of enactment of
        this subsection, the Secretary shall publish in the Federal
        Register a list of the device types identified under
        subparagraph (A), and shall revise the list as appropriate.
            ``(C) Reports under subsection (k) for devices or types of
        devices within a type included on the list under subparagraph
        (B) are, upon publication of the list, required to include such
        validation data.
            ``(2)(A) In the case of each report under subsection (k)
        that was submitted to the Secretary prior to the publication of
        the initial list under paragraph (1), or any revision thereof,
        and that was for a device or type of device included on such
        list, the person who submitted the report under subsection (k)
        shall submit validation data as described in paragraph (1) to
        the Secretary not later than 9 months after the publication of
        the list under paragraph (1)(B).
            ``(B) During the 9-month period described in subparagraph
        (A), the Secretary may not take any action under this Act
        against a device solely on the basis that the validation data
        for the device has not been submitted to the Secretary.
            ``(C) After the submission of the validation data to the
        Secretary, the Secretary may not determine that the device is
        misbranded under section 502(o) adulterated under section
        501(f)(1)(B), or take action against the device under section
        301(p) for failure to provide any information required by
        subsection (k) until--
                    ``(i) the review is terminated by withdrawal of the
                submission of the report under subsection (k);
                    ``(ii) the Secretary finds the data to be
                acceptable and issues a letter; or
                    ``(iii) the Secretary determines that the device is
                not substantially equivalent to a predicate device.
            Upon a determination that a device is not substantially
        equivalent to a predicate device under clause (iii), the device
        may no longer be legally marketed.
            ``(3) In the case of a report under subsection (k) for a
        device identified under paragraph (1) that is of a type for
        which the Secretary has not previously received a report under
        such subsection, the Secretary may, in advance of revising the
        list under paragraph (1) to include such type, require that the
        report include the validation data specified in paragraph (1).
            ``(4) Section 502(o) applies with respect to the failure of
        a report under subsection (k) to include validation data
        required under paragraph (1).''.
    (d) Definitions.--Section 201 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 321) is amended by adding at the end the
following:
    ``(ll) The term `single-use device' means a disposable device that
is intended for one use or use on a single patient in a single
procedure.
    ``(mm)(1) The term `reprocessed', with respect to a single-use
device, means an original device that was used as intended and then
subsequently was subject to additional processing and manufacturing for
the purpose of an additional single use on a patient. The subsequent
processing and manufacture of a reprocessed single use device shall
result in a device that is reprocessed within the meaning of this
definition.
    ``(2) A single-use device that meets the definition under paragraph
(1) shall be considered a reprocessed device without regard to any
description of the device used by the manufacturer of the device or
other persons, including a description that uses the term `recycled'
rather than the term `reprocessed'.
    ``(nn) The term `original device' means a new, unused single use
device.''.

SEC. 4. MEDWATCH.

    Not later than 6 months after the date of enactment of this Act,
the Secretary of Health and Human Services shall modify the MEDWATCH
voluntary and mandatory forms to facilitate the reporting of
information by user facilities or distributors as appropriate relating
to reprocessed devices, including the name of the reprocessor and
whether the device has been reused.

Output: Safe Reprocessed Medical Devices Act of 2002 - Classifies as misbranded a device that is reprocessed and intended for use on a single patient, unless such product meets certain requirements, including that it: (1) is labeled with the number of times it has been reprocessed; and (2) prominently and conspicuously bears an identification of the reprocessor and the original manufacturer. Allows the Secretary to waive the latter requirement.Directs the Secretary of Health and Human Services to review, according to specified criteria, a Class I or Class II reprocessed device whose producer is exempt from having to report preceding the device's introduction into state commerce. Requires the Secretary to publish in the Federal Register a list of such devices that are no longer exempt.Declares that the termination of an exemption from reporting requirements for a reprocessed device shall not terminate the exemption for the original device.Directs the Secretary to perform specified duties with respect to those reprocessed single-use devices that require reports, including to require validation data. Prohibits the Secretary from determining that such a device is misbranded or adulterated or from taking action against the device for a failure to provide certain required information unless one of specified conditions are met, including that the device is not substantially equivalent to a predicate device. Prohibits marketing the device if it is not substantially equivalent.


Input:
SECTION 1. GRANT OF FEDERAL CHARTER TO KOREAN WAR VETERANS ASSOCIATION,
              INCORPORATED.

    (a) Grant of Charter.--Part B of subtitle II of title 36, United
States Code, is amended--
            (1) by striking the following:

                     ``CHAPTER 1201--[RESERVED]'';

         and
            (2) by inserting after chapter 1103 the following new
        chapter:

     ``CHAPTER 1201--KOREAN WAR VETERANS ASSOCIATION, INCORPORATED

``Sec.
``120101. Organization.
``120102. Purposes.
``120103. Membership.
``120104. Governing body.
``120105. Powers.
``120106. Restrictions.
``120107. Tax-exempt status required as condition of charter.
``120108. Records and inspection.
``120109. Service of process.
``120110. Liability for acts of officers and agents.
``120111. Annual report.
``120112. Definition.
``Sec. 120101. Organization
    ``(a) Federal Charter.--Korean War Veterans Association,
Incorporated (in this chapter, the `corporation'), a nonprofit
corporation organized under the laws of the State of New York, is a
federally chartered corporation.
    ``(b) Expiration of Charter.--If the corporation does not comply
with the provisions of this chapter, the charter granted by subsection
(a) expires.
``Sec. 120102. Purposes
    ``The purposes of the corporation are those provided in its
articles of incorporation and shall include the following:
            ``(1) Organizing, promoting, and maintaining for benevolent
        and charitable purposes an association of persons who have seen
        honorable service in the Armed Forces during the Korean War,
        and of certain other persons.
            ``(2) Providing a means of contact and communication among
        members of the corporation.
            ``(3) Promoting the establishment of, and establishing, war
        and other memorials commemorative of persons who served in the
        Armed Forces during the Korean War.
            ``(4) Aiding needy members of the corporation, their wives
        and children, and the widows and children of persons who were
        members of the corporation at the time of their death.
``Sec. 120103. Membership
    ``Eligibility for membership in the corporation, and the rights and
privileges of members of the corporation, are as provided in the bylaws
of the corporation.
``Sec. 120104. Governing body
    ``(a) Board of Directors.--The composition of the board of
directors of the corporation, and the responsibilities of the board,
are as provided in the articles of incorporation of the corporation.
    ``(b) Officers.--The positions of officers of the corporation, and
the election of the officers, are as provided in the articles of
incorporation.
``Sec. 120105. Powers
    ``The corporation has only those powers provided in its bylaws and
articles of incorporation filed in each State in which it is
incorporated.
``Sec. 120106. Restrictions
    ``(a) Stock and Dividends.--The corporation may not issue stock or
declare or pay a dividend.
    ``(b) Political Activities.--The corporation, or a director or
officer of the corporation as such, may not contribute to, support, or
participate in any political activity or in any manner attempt to
influence legislation.
    ``(c) Loan.--The corporation may not make a loan to a director,
officer, or employee of the corporation.
    ``(d) Claim of Governmental Approval or Authority.--The corporation
may not claim congressional approval, or the authority of the United
States, for any of its activities.
    ``(e) Corporate Status.--The corporation shall maintain its status
as a corporation incorporated under the laws of the State of New York.
``Sec. 120107. Tax-exempt status required as condition of charter
    ``If the corporation fails to maintain its status as an
organization exempt from taxation under the Internal Revenue Code of
1986, the charter granted under this chapter shall terminate.
``Sec. 120108. Records and inspection
    ``(a) Records.--The corporation shall keep--
            ``(1) correct and complete records of account;
            ``(2) minutes of the proceedings of its members, board of
        directors, and committees having any of the authority of its
        board of directors; and
            ``(3) at its principal office, a record of the names and
        addresses of its members entitled to vote on matters relating
        to the corporation.
    ``(b) Inspection.--A member entitled to vote on matters relating to
the corporation, or an agent or attorney of the member, may inspect the
records of the corporation for any proper purpose, at any reasonable
time.
``Sec. 120109. Service of process
    ``The corporation shall have a designated agent in the District of
Columbia to receive service of process for the corporation. Notice to
or service on the agent is notice to or service on the Corporation.
``Sec. 120110. Liability for acts of officers and agents
    ``The corporation is liable for the acts of its officers and agents
acting within the scope of their authority.
``Sec. 120111. Annual report
    ``The corporation shall submit to Congress an annual report on the
activities of the corporation during the preceding fiscal year. The
report shall be submitted at the same time as the report of the audit
required by section 10101 of this title. The report may not be printed
as a public document.
``Sec. 120112. Definition
    ``For purposes of this chapter, the term `State' includes the
District of Columbia and the territories and possessions of the United
States.''.
    (b) Clerical Amendment.--The item relating to chapter 1201 in the
table of chapters at the beginning of subtitle II of title 36, United
States Code, is amended to read as follows:

``1201. Korean War Veterans Association, Incorporated.......  120101''.

Output: Grants a Federal charter to the Korean War Veterans Association, Incorporated (a nonprofit corporation incorporated under the laws of New York).


Input:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Mississippi River
Protection and Restoration Act of 2004''.
    (b) Table of Contents.--

Sec. 1. Short title; table of contents.
Sec. 2. Findings and purposes.
Sec. 3. Secretary defined definition.
Sec. 4. Environmental management program.
Sec. 5. Upper Mississippi River trust fund.
Sec. 6. System maintenance.
Sec. 7. Lower Mississippi River resource assessment.
Sec. 8. Flood mitigation.
Sec. 9. Hazard mitigation.
Sec. 10. Gulf hypoxia research, coordination, and monitoring.
Sec. 11. Wetland restoration demonstration projects.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds the following:
            (1) The Mississippi River is a nationally-significant
        social, cultural, economic, and environmental resource.
            (2) Millions of jobs depend upon the economic and
        environmental health of the Mississippi River.
            (3) The Mississippi River is slowly losing wildlife
        habitats that support hundreds of wildlife species.
            (4) Hundreds of communities are reconnecting to the
        Mississippi River.
            (5) Direct discharges and runoff into the Mississippi River
        are contributing to local and regional water quality problems.
    (b) Purposes.--The purposes of this Act are the following:
            (1) To protect and restore the Mississippi River.
            (2) To protect and increase the number of jobs which depend
        upon the health of the Mississippi River.
            (3) To help communities reconnect to the Mississippi River.
            (4) To protect and restore habitat.
            (5) To use science to aid habitat restoration and water
        quality enhancement efforts.

SEC. 3. SECRETARY DEFINED.

    In this Act, the term ``Secretary'' means the Secretary of the
Army.

SEC. 4. ENVIRONMENTAL MANAGEMENT PROGRAM.

    (a) Maintenance.--Section 1103(d)(3) of such Act is amended by
inserting at the end the following: ``and the maintenance of completed
projects on Federal lands.''.
    (b) Ranking System.--Section 1103(e)(1) of such Act is amended--
            (1) in subparagraph (B) by striking ``technical'' and
        inserting ``science'';
            (2) at the end of subparagraph (B) by inserting the
        following: ``The advisory committee shall include scientists,
        hydrologists, and engineers and shall review and provide public
        comment on project criteria, selection, and sequencing.''; and
            (3) by adding at the end the following:
                    ``(C) Project rankings.--The Secretary shall, in
                consultation with the Independent Technical Advisory
                Committee and the National Academy of Sciences, develop
                a system to rank proposed projects. The ranking system
                shall give greater weight to projects that restore
                natural river processes, including dam reforms, levee
                modification and removal, and training structure
                modification and removal.''.
    (c) Funding Levels.--Section 1103(e) of the Water Resources
Development Act of 1986 (33 U.S.C. 652(e)) is amended as follows:
            (1) In paragraph (3)--
                    (A) by striking ``$22,750,000'' and inserting
                ``$80,000,000'';
                    (B) by inserting at the end the following: ``For
                the purposes of carrying out paragraph (1)(A) of this
                subsection, there is authorized to be appropriated to
                the Secretary $35,000,000 per fiscal year, to purchase
                floodplain land from willing sellers.''; and
                    (C) by striking ``thereafter'' and inserting
                ``until the Trust Fund created in section 5 of the
                Mississippi River Protection Act of 2004 reaches
                $2,500,000,000''.
            (2) In paragraph (4), by striking ``$10,420,000'' and
        inserting ``$20,000,000''.
            (3) By striking paragraph (7)(A) and inserting the
        following:
            ``(7)(A) The costs of each project carried out pursuant to
        paragraph (1)(A), including the costs of land acquisition,
        shall be a Federal responsibility. A non-Federal sponsor shall
        share 35 percent of the cost of projects constructed on private
        land.''.
    (d) Recreational Projects.--Section 1103(f)(2) of such Act is
amended--
            (1) by striking ``$500,000'' and inserting ``$10,000,000'';
            (2) by adding at the end the following: ``The Secretary may
        share the cost of riverfront projects, including trails, parks,
        interpretive sites, and greenways.''; and
            (3) by striking ``thereafter'' and inserting ``until the
        trust fund created in section 5 of the Mississippi River
        Protection and Restoration Act of 2004 reaches
        $2,500,000,000''.
    (e) Reservation.--Section 1103 of such Act is amended by adding at
the end the following:
    ``(k) Funding.--One-half of the funds annually appropriated to
operate and maintain the Upper Mississippi River and Illinois Waterway
under section 102 of the Water Resources Development Act of 1986 shall
be reserved to carry out subsections (e), (f), and (h) of section 1103
of such Act.''.

SEC. 5. UPPER MISSISSIPPI RIVER TRUST FUND.

    (a) Establishment.--There is established in the Treasury of the
United States a fund to be known as the ``Upper Mississippi River Trust
Fund'' (referred to in this section as the ``Fund'').
    (b) Federal Funding.--Until the aggregate amount deposited in the
Fund under this subsection is equal to at least $2,500,000,000, the
Secretary of the Treasury shall transfer $100,000,000 from the general
treasury to the Fund for fiscal year 2005 and each fiscal year
thereafter.
    (c) Non-Federal Funding.--Non-federal funding may also be
contributed to the Fund established in subsection (a).
    (d) Creation of a Non-Profit Corporation.--
            (1) In general.--There is established a charitable and non-
        profit corporation to administer the funds provided by this
        section, and to encourage, accept, and administer private gifts
        for the purpose of protecting and restoring the natural
        resources of the Upper Mississippi River and its floodplain.
            (2) Members of board of trustees.--The Board of Trustees
        shall be made up of 11 members appointed by the President and
        shall include:
                    (A) One representative from each of the States of
                Minnesota, Wisconsin, Illinois, Iowa, and Missouri.
                    (B) Six representatives of non profit organizations
                dedicated to the protection and restoration of the
                environment or other persons who have demonstrated
                commitment to the environmental health and expertise
                related to the Upper Mississippi River.
                    (C) The chairman shall be elected by the trustees
                from its members for a 1-year term.
                    (D) A majority of the current membership of the
                Trustees shall constitute a quorum for the transaction
                of business.
                    (E) One ex-officio representative of the U.S. Fish
                and Wildlife Service.
                    (F) One ex-officio representative of the U.S. Army
                Corps of Engineers.
                    (G) One ex-officio representative of the U.S.
                Environmental Protection Agency.
                    (H) One ex-officio representative of the Natural
                Resources Conservation Service of the U.S. Department
                of Agriculture.
            (3) Term.--A member of the Board of Trustees shall serve a
        5 year, nonrenewable term.
            (4) General powers.--The Board of Trustees shall meet semi-
        annually to--
                    (A) allocate the funds annually provided by
                subparagraph (f);
                    (B) solicit, accept, and use any gift or real or
                personal property or any income or interest therefrom;
                    (C) acquire by purchase or exchange any real or
                personal property or interest therein;
                    (D) enter into contracts as may be necessary to
                carry out its functions; and
                    (E) appoint officers and employees, adopt bylaws,
                and undertake other such acts as may be necessary to
                carry out the provisions of this section.
    (e) Investments.--
            (1) In general.--The Secretary of the Treasury shall invest
        the amounts deposited under subsections (b) and (c) only in
        interest bearing obligations of the United States or in
        obligations guaranteed by the United States as to both
        principal and interest.
            (2) Interest rate.--The Secretary of the Treasury shall
        invest the amounts in the fund in obligation that carry the
        highest rate of interest among available obligations of the
        required maturity.
    (f) Payments.--All amounts annually credited as interest under
subsection (e) shall be available, without fiscal year limitation, to
the trust established under subsection (d) after the Fund has been
fully capitalized.
    (g) Use of Funds.--The trust established in subsection (d) may use
funds transferred under subsection (f) for the following:
            (1) Aquatic habitat restoration.
            (2) Floodplain habitat restoration, including the
        acquisition of land in fee title from willing sellers.
            (3) Not less than 5 percent of the funds generated under
        subsection (f) shall be used to revitalize riverfronts.
            (4) Such sums as are necessary to administer the Fund,
        including professional staff and the reimbursement of the
        expenses of Trustees.
    (h) Science Advisory Board.--The Science Advisory Board established
by section 509(a) of the Water Resources Development Act of 1999 shall
annually review and comment on the projects proposed by the Board of
Trustees.
    (i) Consistency.--Nothing in this section shall confer any new
regulatory authority on any Federal or non-Federal entity, and the
funds used pursuant to subsection (g) shall be subject to all
applicable laws and regulations.

SEC. 6. SYSTEM MAINTENANCE.

    (a) In General.--The Secretary shall use the funds provided by
section 102 of Public Law 99-662 (33 U.S.C. 2212) to conduct
maintenance activities consistent with the needs of the environment,
including the following:
            (1) Water level management.
            (2) Gate adjustments.
            (3) Wingdam/dike field modifications.
            (4) Spillway modifications.
            (5) Abandoned barge removal.
            (6) Mooring buoys.
            (7) Forestry management.
            (8) Systemic fleeting plan.
            (9) Fish passage.
            (10) Other measures that the Secretary determines will
        reduce the impacts of waterway management and barge movements
        on aquatic and floodplain habitat.
    (b) Water Level Management.--Section 102 of Public Law 99-662 (33
U.S.C. 2212) is amended by inserting the following: ``The Secretary
shall provide 100 percent of the cost of dredging required to manage
water levels to improve the environment.''.
    (c) Dredged Material Placement.--Section 204 of Public Law 102-580
is amended by inserting the following: ``The Secretary shall develop
and implement at full Federal expense a plan to dispose or reuse
dredged material from the Upper Mississippi River to eliminate all
harmful impacts on floodplain and aquatic habitat.''.
    (d) Water Level Management Study.--Not later than 6 months after
the date of enactment of this Act, the Secretary shall assess the
opportunities for water level management that benefits fish and
wildlife consistent with commercial navigation.

SEC. 7. LOWER MISSISSIPPI RIVER RESOURCE ASSESSMENT.

    Section 402 of the Water Resources Development Act of 2000 (114
Stat. 2633) is amended--
            (1) by striking subsection (b) and (c) and inserting the
        following:
    ``(b) Assessments.--Not later than June 30, 2004, the Secretary
shall submit the assessments described in subsection (a) to the
appropriate committees of Congress, including planning, construction,
and enhancement measures needed to meet habitat needs.
    ``(c) Demonstration Projects.--To assist in the assessment, the
Secretary may implement the following demonstration projects at Federal
expense prior to the completion of the report under subsection (b).''
            (2) by striking subsection (e) and inserting the following:
    ``(e) Authorization of Appropriations.--There is authorized to be
appropriated--
            ``(1) $2,000,000 for the assessment described in subsection
        (b); and
            ``(2) $15,000,000 for the demonstration projects described
        in subsection (c).''.

SEC. 8. FLOOD MITIGATION.

    (a) Section 212(i)(1) of the Water Resources Development Act of
1999 (33 U.S.C. 2332(i)(1); 113 Stat. 291) is amended to read as
follows:
            ``(1) In general.--There is authorized to be appropriated
        $100,000,000 to carry out this section for fiscal years 2005
        through 2014.''.

SEC. 9. HAZARD MITIGATION.

    (a) Increased Federal Share.--Section 322(e)(1) of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5165(e)(1)) is amended by striking ``20 percent'' and inserting ``30
percent.''.
    (b) Limitation on Total Amount of Federal Contributions.--Section
404(a) of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170c(a)) is amended by striking ``15 percent
of the estimated aggregate amount of grants to be made (less any
associated administrative costs)'' and inserting ``25 percent of the
estimated aggregate amount of grants to be made''.

SEC. 10. GULF HYPOXIA RESEARCH, COORDINATION, AND MONITORING.

    (a) Establishment.--To implement the recommendations of the
Mississippi River/Gulf of Mexico Watershed Nutrient Task Force, the
Secretary shall establish at the Waterways Experiment Station in
Vicksburg, Mississippi, a program to coordinate monitoring and research
in the Mississippi River basin.
    (b) Monitoring Coordination.--The Secretary shall administer and
coordinate programs to identify the sources of nutrients in the Gulf of
Mexico, including the programs authorized by sections 16 and 17 of this
title and the program authorized by section 304 of the Water Resources
Development Act of 2000 and other programs authorized to monitor
sediment and nutrient loadings into the Mississippi River.
    (c) Research Coordination.--The Secretary, in collaboration with
the Secretary of Commerce, shall administer and coordinate research
efforts.
    (d) Sub-Basin Nutrient Monitoring and Modeling.--Pursuant to
section 403 of the Water Resources Development Act of 2000, the
Secretary shall develop sediment and nutrient studies for the following
sub-basins of the Mississippi River basin:
            (1) Missouri River basin.
            (2) Ohio River basin.
            (3) Tennessee River basin.
            (4) Arkansas River basin.
            (5) Lower Mississippi River basin.
    (e) Sub-Basin Collaboration.--The Secretary shall establish and
coordinate sub-basin commissions in each of the following sub-basins to
develop and implement long-term nutrient reduction strategies:
            (1) Missouri River basin.
            (2) Upper Mississippi River basin.
            (3) Ohio River basin.
            (4) Tennessee River basin.
            (5) Arkansas River basin.
            (6) Lower Mississippi River basin.
    (f) Authorization of Appropriations.--There are authorized to be
appropriated $250,000,000 for each of fiscal years 2003 through 2012 to
carry out this section.

SEC. 11. WETLAND RESTORATION DEMONSTRATION PROJECTS.

    (a) Establishment.--The Secretary shall establish a consortium of
universities from States throughout the Mississippi River Basin to
demonstrate the full range of wetland values and functions, including
floodplain wetlands in the Lower Mississippi River floodplain, to
reduce nutrient loadings to the Gulf of Mexico and to sequester carbon.
    (b) Report.--The Secretary shall annually report on the success of
demonstration projects undertaken pursuant to this section.
    (c) Authorization of Appropriations.--There are authorized to be
appropriated $10,000,000 for each of the fiscal years 2004 through 2012
to carry out this section.

Output:
Mississippi River Protection and Restoration Act of 2004 - Amends the Upper Mississippi River Management Act of 1986 to: (1) allow interagency agreements under such Act between the Secretary of the Army (the Secretary) and the Secretary of the Interior to provide for maintenance of completed projects on Federal lands; (2) direct the Secretary to establish an independent science (currently, technical) advisory committee; (3) require such committee to include scientists, hydrologists, and engineers and to review and provide public comment on project criteria, selection, and sequencing; and (4) direct the Secretary to develop a system to rank proposed projects.

Amends the Water Resources Development Act of 1986 to: (1) increase the authorization of appropriations; (2) make project costs a Federal responsibility; (3) require a non-Federal sponsor to share 35 percent of the cost of projects constructed on private land; and (4) authorize the Secretary to share the cost of riverfront projects.

Establishes the Upper Mississippi Trust Fund and a charitable and nonprofit corporation to administer funds and gifts. Authorizes the use of Trust funds for aquatic and floodplain habitat restoration, riverfront revitalization, and administrative costs. Directs the Science Advisory Board to annually review projects proposed by the Board of Trustees.

Directs the Secretary to establish: (1) at the Waterways Experiment Station in Vicksburg, Mississippi, a program to coordinate monitoring and research in the Mississippi River Basin; and (2) a consortium of universities to demonstrate the full range of wetland values and functions, to reduce nutrient loadings to the Gulf of Mexico, and to sequester carbon.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Free Market Drug Act''.

SEC. 2. FINDINGS.

    The Congress finds as follows:
            (1) Prescription drugs are increasingly expensive and
        unaffordable for the patients that need them. The Congressional
        Budget Office estimates that drug costs have risen at a 19.1
        percent annual rate over the last eight years and projects that
        they will rise at a 10.1 percent rate annual over the next
        decade. Drug prices are far higher in the United States than in
        any other developed country because it is the only country that
        grants pharmaceutical companies a monopoly in the market, based
        on patent protection, without any corresponding restriction on
        prices.
            (2) New pharmaceuticals are decreasing in number and
        quality. In 2002, 17 new drugs classified as new compounds were
        approved by the Food and Drug Administration (``FDA''), down
        from 24 in 2001 and 27 in 2000. The vast majority of new drugs
        are not breakthrough cures, but rather copycat drugs. According
        to the FDA, more than 70 percent of new drugs approved in the
        last decade do not constitute qualitative improvements over
        existing treatments.
            (3) Pharmaceutical manufacturers have distorted the quality
        of drug research in many instances, such as with the drug
        Celebrex. Often due to the influence of the funding source,
        drug research has been shown to suffer from concealed and
        distorted findings, bias, conflicts of interest, and secrecy.

SEC. 3. ESTABLISHMENT OF NATIONAL INSTITUTE FOR BIOMEDICAL RESEARCH AND
              DEVELOPMENT.

    Part C of title IV of the Public Health Service Act (42 U.S.C. 285
et seq.) is amended by adding at the end the following subpart:

     ``Subpart 19--National Institute for Biomedical Research and
                              Development

                       ``purpose of the institute

    ``Sec. 464z-1. (a) In General.--The general purpose of the National
Institute for Biomedical Research and Development (in this section
referred to as the `Institute') is to provide in accordance with this
section for the development of drugs, biological products, and devices,
including through Federal laboratories under subsection (f), in a
manner that will foster an increase in the number and medical efficacy
of drugs, biological products, and devices on the market and will make
the drugs, biological products, and devices available to the public at
reasonable prices.
    ``(b) Identification of Candidate Discoveries.--The Director shall
monitor the results of research conducted or supported by the National
Institutes of Health, and by other appropriate public or private
entities, in order to identify discoveries that, if subjected to
appropriate research and development activities, may be suitable for
the submission of applications for approval by the Food and Drug
Administration as drugs, biological products, or devices for use in
humans (referred to in this section as `candidate discoveries').
    ``(c) Research and Other Activities Regarding Candidate
Discoveries.--
            ``(1) In general.--The Director of the Institute shall
        conduct and support research, training, the dissemination of
        information, and other programs toward identifying candidate
        discoveries and carrying out appropriate research and
        development activities regarding such discoveries.
            ``(2) Annual plan.--The Director of the Institute shall
        establish, and annually review and as appropriate revise, a
        plan for the development, testing, and manufacture of candidate
        discoveries through the Institute.
            ``(3) Awards regarding research and development.--Each
        award of financial assistance under paragraph (1) for research
        and development activities shall be an award of a cooperative
        agreement or a contract.
            ``(4) Priorities.--In allocating the resources of the
        Institute, the Director of the Institute shall establish
        priorities among candidate discoveries.
            ``(5) Internet site.--The Director of the Institute shall
        maintain an Internet site to make available to the public
        information on activities under this section, including
        activities carried out by the Director and activities carried
        out under cooperative agreements or contracts under paragraph
        (1). Information posted on such site shall be updated
        quarterly, or on such more frequent intervals as the Director
        determines to be appropriate. Such information shall include
        the following:
                    ``(A) An identification of candidate discoveries
                that are receiving priority under paragraph (4).
                    ``(B) All raw data developed under paragraph (1) in
                carrying out research and development activities.
                    ``(C) Findings made in carrying out such
                activities.
    ``(d) Patents.--
            ``(1) In general.--The Director may identify a discovery as
        a candidate discovery only if the Federal Government holds, or
        can reasonably be expected to obtain, a patent on the
        discovery. The Director may not transfer ownership of such
        patent to any non-Federal entity, notwithstanding any
        conflicting provision of chapter 18 of title 35, United States
        Code.
            ``(2) Citizens' suits for protection of federal ownership
        of patents.--
                    ``(A) In general.--Except as provided in
                subparagraph (C), any person may on his or her behalf
                commence a civil action in an appropriate district
                court of the United States against--
                            ``(i) any person in order to protect
                        Federal ownership of patents on candidate
                        discoveries; or
                            ``(ii) the Secretary where there is alleged
                        a failure of the Secretary to protect Federal
                        ownership of such patents.
                    ``(B) Relief.--In a civil action under subparagraph
                (A), the district court involved may, as the case may
                be--
                            ``(i) enforce the compliance of a person
                        with provisions relating to Federal ownership
                        of patents; or
                            ``(ii) order the Secretary to perform an
                        act or duty relating to such ownership.
                    ``(C) Limitations.--
                            ``(i) Notice to secretary.--A civil action
                        may not be commenced under subparagraph (A)(i)
                        prior to 60 days after the plaintiff has
                        provided to the Secretary notice of the
                        violation involved.
                            ``(ii) Relation to actions of secretary.--A
                        civil action may not be commenced under
                        subparagraph (A)(ii) if the Secretary has
                        commenced and is diligently prosecuting a civil
                        action in a district court of the United States
                        to protect the Federal ownership of the patent
                        involved.
                    ``(D) Right of secretary to intervene.--In any
                civil action under subparagraph (A), the Secretary, if
                not a party, may intervene as a matter of right.
                    ``(E) Award of costs; filing of bond.--In a civil
                action under subparagraph (A), the district court
                involved may award costs of litigation (including
                reasonable attorney and expert witness fees) to any
                party whenever the court determines such an award is
                appropriate. The court may, if a temporary restraining
                order or preliminary injunction is sought, require the
                filing of a bond or equivalent security in accordance
                with the Federal Rules of Civil Procedure.
                    ``(F) Savings provision.--This paragraph does not
                restrict any right that a person (or class of persons)
                may have under any statute or common law to seek
                enforcement of provisions relating to Federal ownership
                of patents on candidate discoveries, or to seek any
                other relief (including relief against the Secretary).
    ``(e) Application for Approval by Food and Drug Administration.--
            ``(1) In general.--Each application submitted to the Food
        and Drug Administration for the approval of a candidate
        discovery, or for authorization to engage in investigational
        uses of the discovery, shall be submitted by the Director of
        the Institute or by a private entity. In the case of a private
        entity, such application shall be submitted pursuant to--
                    ``(A) a cooperative agreement or contract between
                the Director of the Institute and the private entity;
                and
                    ``(B) a nonexclusive license granted by the
                Director to the private entity for the commercial
                marketing of the discovery, notwithstanding any
                conflicting provision of chapter 18 of title 35, United
                States Code.
            ``(2) Institute as holder of approved application.--In the
        case of an application referred to in paragraph (1) that is
        submitted by the Director of the Institute and approved by the
        Food and Drug Administration, the Director, promptly after such
        approval, shall seek to provide to one or more appropriate
        private entities nonexclusive licenses for the commercial
        marketing of the candidate discovery involved, notwithstanding
        any conflicting provision of chapter 18 of title 35, United
        States Code.
    ``(f) Federal Laboratory System.--
            ``(1) In general.--The Director of the Institute shall
        carry out this section directly and through Federal
        laboratories established by the Director in accordance with
        paragraph (2).
            ``(2) Certain requirements.--Subject to the extent of
        amounts made available in appropriations Acts, the Director
        shall establish 10 laboratories under paragraph (1). Each such
        laboratory shall be established within the National Institutes
        of Health, and shall be headed by an Associate Director, who
        shall be appointed by the Director of the Institute. With
        respect to the location of the laboratories, the laboratories
        shall be equitably distributed among the various regions of the
        United States.
            ``(3) Ten-year performance review.--Promptly after the
        expiration of the ten-year period beginning on the date on
        which a Federal laboratory under paragraph (2) becomes
        operational (as determined by the Director), and every ten
        years thereafter, the Director of the Institute shall provide
        for a comprehensive review of the performance of the
        laboratory. The Director may, for good cause found pursuant to
        such a review, terminate the laboratory. If the laboratory is
        terminated, the Director of the Institute shall transfer the
        duties of the laboratory, and the funds and other assets of the
        laboratory, to the remaining laboratories under paragraph (2),
        and shall transfer within the Institute the officers and
        employees of the laboratory, or otherwise provide for the
        disposition of such officers and employees in accordance with
        applicable law.
    ``(g) Rewards for Significant Advances.--The Director of the
Institute shall establish a fund, consisting of amounts reserved under
subsection (i)(2), from which the Director may provide cash awards to
individuals or organizations that, in carrying out research and
development activities under subsection (c), make significant advances
in knowledge regarding a disease, disorder, or other health condition,
including new treatments or diagnostic techniques.
    ``(h) Definitions.--For purposes of this section:
            ``(1) The term `biological product' has the meaning that
        applies under section 351.
            ``(2) The terms `drug' and `device' have the meanings given
        such terms under section 201 of the Federal Food, Drug, and
        Cosmetic Act.
    ``(i) Funding.--
            ``(1) Authorization of appropriations.--For the purpose of
        carrying out this section, there are authorized to be
        appropriated $19,930,000,000 for fiscal year 2004,
        $20,400,000,000 for fiscal year 2005, $20,910,000,000 for
        fiscal year 2006, $21,430,000,000 for fiscal year 2007, and
        $21,970,000,000 for fiscal year 2008.
            ``(2) Rewards for significant advances.--Of the amounts
        appropriated under paragraph (1) for a fiscal year, the
        Director of the Institute shall reserve $50,000,000 for the
        fund under subsection (g).''.

Output:
Free Market Drug Act - Establishes the National Institute for Biomedical Research and Development to provide for the development of drugs, biological products, and devices to: (1) increase the number and medical efficacy of drugs, biological products, and devices on the market; and (2) make the drugs, biological products, and devices available to the public at reasonable prices.

Requires the Director of the Institute to: (1) monitor the results of certain research to identify discoveries that, if subjected to appropriate research and development activities, may be suitable for approval by the Food and Drug Administration (FDA) as drugs, biological products, or devices for use in humans (candidate discoveries); (2) identify candidate discoveries and carry out appropriate research and development regarding such discoveries; (3) establish, review, and revise a plan for the development, testing, and manufacture of candidate discoveries through the Institute; (4) establish priorities among candidate discoveries; and (5)) maintain an Internet site to make available to the public information on activities under this Act.

Allows the Director to identify a discovery as a candidate discovery only if the Federal Government holds, or can reasonably be expected to obtain, a patent on the discovery. Prohibits the Director from transferring ownership of such patent to any non-Federal entity.

Allows civil suits to protect Federal ownership of patents.

Requires the Director to: (1) grant non-exclusive licenses for the commercial marketing of FDA-approved candidate discoveries; (2) establish Federal laboratories to carry out this Act; and (3) establish a fund to provide cash awards for making significant advances in knowledge regarding a disease, disorder, or other health condition.


Input:
SECTION 1. TAX ON CERTAIN COMPENSATION RECEIVED FROM CERTAIN COMPANIES
              RECEIVING BAILOUT FUNDS.

    (a) In General.--Subchapter A of chapter 1 of the Internal Revenue
Code of 1986 is amended by adding at the end the following new part:

   ``PART VIII--CERTAIN COMPENSATION RECEIVED FROM CERTAIN COMPANIES
                        RECEIVING BAILOUT FUNDS

``Sec. 59C. Certain compensation received from certain companies
                            receiving bailout funds.

``SEC. 59C. CERTAIN COMPENSATION RECEIVED FROM CERTAIN COMPANIES
              RECEIVING BAILOUT FUNDS.

    ``(a) In General.--In the case of any employee (or former employee)
of a bailout recipient, there is hereby imposed (in addition to any
other tax imposed by this subtitle) a tax equal to 70 percent of the
amount of excess compensation received by the taxpayer during the
taxable year from any relevant employer.
    ``(b) Excess Compensation.--For purposes of this section--
            ``(1) In general.--The term `excess compensation' means the
        value of all property paid or transferred to the employee
        during the taxable year (including any loan that is not
        reasonably secured) which is in excess of $1,000,000.
            ``(2) Exceptions.--Such term shall not include any of the
        following:
                    ``(A) Any amount returned by the employee to the
                employer within 60 days of receipt thereof or within 60
                days of the enactment of this Act, whichever is later.
                Any amount returned under this subparagraph shall also
                be excluded from the definition of gross income.
                    ``(B) To the extent explicitly allowed by any
                regulation adopted by the Secretary, shares of common
                stock of the employer (or any affiliate thereof) but
                only if the employee is required to hold such shares
                until the date on which the employer ceases to be a
                relevant employer.
                    ``(C) Any amount received before the employer
                became a relevant employer or after the employer ceases
                to be a relevant employer, whether or not for services
                provided during the period when the employer was
                classified as a relevant employer, but this provision
                shall not apply if the payment is made out of assets
                which were held in trusts, or otherwise made
                unavailable to the claims of general creditors.
                    ``(D) Any commission received by a commissioned
                sales person. For purposes of this subparagraph, a
                commission is an amount of compensation payable
                determinable solely by reference to the products sold
                by the commissioned sales person through direct
                interaction with purchasers. For purposes of this
                subparagraph, a commissioned sales person is a person
                who receives commissions, who spends the majority of
                their work time selling products directly to
                purchasers, and who is not one of the persons defined
                in Rule 16a1-(f) promulgated under the Securities
                Exchange Act of 1934.
            ``(3) Special rules for certain trusts.--In the event that
        a relevant employer puts funds for the benefit of an employee,
        or a class of employees, in a trust fund (other than a
        qualified deferred compensation plan) or other device, which
        fund is exempt from the claims of the relevant employer's
        general creditors, it shall be deemed paid to the employees for
        whom it is being held.
    ``(c) Relevant Employer.--For purposes of this section, the term
`relevant employer' means any entity (including any subsidiary or
affiliate of such entity) that has received, in the aggregate, more
than $500,000,000 pursuant to title I of the Emergency Economic
Stabilization Act of 2008 or pursuant to section 1117 of the Housing
and Economic Recovery Act of 2008, regardless of whether such funds are
received in return for any class of securities of the employer or any
other asset. An employer ceases to be a relevant employer when it has
fully repaid to the Federal Government all such funds.
    ``(d) Regulations.--The Secretary shall prescribe such regulations
or other guidance as may be necessary or appropriate to carry out the
purposes of this section.''.
    (b) Clerical Amendment.--The table of parts for subchapter A of
chapter 1 of such Code is amended by adding at the end the following
new item:

   ``Part VIII--Certain Compensation Received From Certain Companies
                       Receiving Bailout Funds''.

    (c) Effective Date.--The amendments made by this section shall
apply to compensation received after December 31, 2007, in taxable
years ending after such date.

Output: Amends the Internal Revenue Code to impose a 70% tax on compensation in excess of $1 million received by an employee from an employer who has received, in the aggregate, economic assistance of more than $500 million under the Troubled Asset Relief Program (TARP) of the Emergency Economic Stabilization Act of 2008 or the Housing and Economic Recovery Act of 2008. Exempts employees who return such compensation to their employer or who receive such compensation as a commissioned sales person.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``SSI Reform Act of 1993''.

SEC. 2. INCREASE IN INCOME AND RESOURCE ELIGIBILITY STANDARDS AND
              BENEFITS; ELIMINATION OF CERTAIN RESOURCE EXCLUSIONS.

    (a) Increase in Income and Resource Eligibility Standards.--
            (1) In general.--Section 1611 of the Social Security Act
        (42 U.S.C. 1382) is amended--
                    (A) in subsection (a)--
                            (i) in paragraph (1)(A)--
                                    (I) by striking ``$1,752'' and
                                inserting ``the adjusted poverty
                                line''; and
                                    (II) by striking ``1974'' and
                                inserting ``1994'';
                            (ii) in paragraph (2)(A)--
                                    (I) by striking ``$2,628'' and
                                inserting ``150 percent of the adjusted
                                poverty line''; and
                                    (II) by striking ``1974'' and
                                inserting ``1994''; and
                            (iii) in paragraph (3)--
                                    (I) in subparagraph (A), by
                                striking ``and to $3,000 on January 1,
                                1989'' and inserting ``to $3,000 on
                                January 1, 1989, and to $10,500 on
                                January 1, 1994''; and
                                    (II) in subparagraph (B), by
                                striking ``and to $3,000 on January 1,
                                1989'' and inserting ``to $3,000 on
                                January 1, 1989, and to $7,000 on
                                January 1, 1994''; and
                    (B) in subsection (b)--
                            (i) in paragraph (1)--
                                    (I) by striking ``$1,752'' and
                                inserting ``the adjusted poverty
                                line''; and
                                    (II) by striking ``1974'' and
                                inserting ``1994''; and
                            (ii) in paragraph (2)--
                                    (I) by striking ``$2,628'' and
                                inserting ``150 percent of the adjusted
                                poverty line''; and
                                    (II) by striking ``1974'' and
                                inserting ``1994''.
            (2) Adjusted poverty line.--Subsection (a) of such section
        (42 U.S.C. 1382(a)) is amended by adding at the end the
        following:
    ``(4)(A) For purposes of this subsection and subsection (b), the
term `adjusted poverty line' means, with respect to a family--
            ``(i) 80 percent of the poverty line for calendar year
        1994;
            ``(ii) 90 percent of the poverty line for calendar year
        1995;
            ``(iii) 100 percent of the poverty line for calendar year
        1996;
            ``(iv) 110 percent of the poverty line for calendar year
        1997; and
            ``(v) 120 percent of the poverty line for calendar year
        1998 and each calendar year thereafter.
    ``(B) As used in subparagraph (A), the term `poverty line' means,
with respect to a family, the official poverty line (as defined by the
Office of Management and Budget, and revised annually in accordance
with section 673(2) of the Omnibus Budget Reconciliation Act of 1981)
applicable to a family of the size involved.''.
            (3) No reduction in benefits.--The amendments made by this
        subsection shall not apply to any individual or couple whose
        supplemental security income benefits under title XVI of the
        Social Security Act would be reduced by reason of such
        application.
    (b) Elimination of Certain Resource Exclusions.--Section 1613 of
such Act (42 U.S.C. 1382b) is amended--
            (1) in the 1st sentence of subsection (a)--
                    (A) in paragraph (2)--
                            (i) by striking ``(A)''; and
                            (ii) by striking subparagraph (B);
                    (B) in paragraph (4), by adding ``and'' at the end;
                    (C) by striking all that follows paragraph (6);
                    (D) in paragraph (6), by striking the semicolon and
                inserting a period; and
                    (E) by striking paragraph (5) and redesignating
                paragraph (6) as paragraph (5); and
            (2) by striking subsection (d).

SEC. 3. IN-KIND SUPPORT AND MAINTENANCE DISREGARDED IN DETERMINING
              INCOME.

    Section 1612(a)(2) of the Social Security Act (42 U.S.C.
1382a(a)(2)) is amended--
            (1) by inserting ``(other than support or maintenance
        furnished in kind)'' after ``all other income'';
            (2) in subparagraph (A)--
                    (A) by striking ``or kind'';
                    (B) by striking clause (i) and redesignating
                clauses (ii) and (iii) as clauses (i) and (ii),
                respectively; and
                    (C) in clause (ii) (as so redesignated), by
                striking ``and the provisions of clause (i) shall not
                be applicable''.

SEC. 4. WORK INCENTIVE.

    Section 1612(b)(4) of the Social Security Act (42 U.S.C.
1382a(b)(4)) is amended--
            (1) by striking ``$780'' each place such term appears and
        inserting ``$2,400''; and
            (2) by striking ``one-half'' each place such term appears
        and inserting ``\2/3\''.

SEC. 5. PHASED-IN EXPANSION OF ELIGIBILITY BY REASON OF AGE.

    (a) Age 64 for Calendar Year 1994.--
            (1) In general.--Section 1614(a)(1)(A) of the Social
        Security Act (42 U.S.C. 1382c(a)(1)(A)) is amended by striking
        ``65'' and inserting ``64''.
            (2) Conforming amendments.--
                    (A) Section 1615(a)(1) of such Act (42 U.S.C.
                1382d(a)(1)) is amended by striking ``65'' and
                inserting ``64''.
                    (B) Section 1612(b)(4) of such Act (42 U.S.C.
                1382a(b)) is amended by striking ``65'' each place such
                term appears and inserting ``64''.
            (3) Effective date.--The amendments made by this subsection
        shall take effect on January 1, 1994.
    (b) Age 63 for Calendar Year 1995.--
            (1) In general.--Section 1614(a)(1)(A) of such Act (42
        U.S.C. 1382c(a)(1)(A)), as amended by subsection (a)(1) of this
        section, is amended by striking ``64'' and inserting ``63''.
            (2) Conforming amendments.--
                    (A) Section 1615(a)(1) of such Act (42 U.S.C.
                1382d(a)(1)), as amended by subsection (a)(2)(A) of
                this section, is amended by striking ``64'' and
                inserting ``63''.
                    (B) Section 1612(b)(4) of such Act (42 U.S.C.
                1382a(b)), as amended by subsection (a)(2)(B) of this
                section, is amended by striking ``64'' each place such
                term appears and inserting ``63''.
            (3) Effective date.--The amendments made by this subsection
        shall take effect on January 1, 1995.
    (c) Age 62 Thereafter.--
            (1) In general.--Section 1614(a)(1)(A) of such Act (42
        U.S.C. 1382c(a)(1)(A)), as amended by paragraph (2)(A) of this
        subsection, is amended by striking ``63'' and inserting ``62''.
            (2) Conforming amendments.--
                    (A) Section 1615(a)(1) of such Act (42 U.S.C.
                1382d(a)(1)), as amended by subsections (a)(2)(A) and
                (b)(2)(A) of this section, is amended by striking
                ``63'' and inserting ``62''.
                    (B) Section 1612(b)(4) of such Act (42 U.S.C.
                1382a(b)), as amended by subsections (a)(2)(B) and
                (b)(2)(B) of this section, is amended by striking
                ``63'' each place such term appears and inserting
                ``62''.
            (3) Effective date.--The amendments made by this subsection
        shall take effect on January 1, 1996.

Output: SSI Reform Act of 1993 - Amends title XVI (Supplemental Security Income) (SSI) of the Social Security Act to:  (1) increase the limit on the amount of income and resources needed to qualify for SSI; (2) increase the amount of SSI benefits payable; (3) eliminate certain resource exclusions and increase certain earned income exclusions; (4) disregard in-kind support and maintenance in determining income; and (5) phase-in an expansion of eligibility based on age.