doubled during the last decade, from approximately 
19 percent to 43 percent, according to the Congres-
sional Budget Office; 
(8) expanding access to generic pharmaceuticals 
can help consumers, especially senior citizens and 
the uninsured, have access to more affordable pre-
scription drugs; 
(9) Congress should ensure that measures are 
taken to effectuate the amendments made by the 
Drug Price Competition and Patent Term Restora-
tion Act of 1984 (98 Stat. 1585) (referred to in this 
section as the ‘‘Hatch-Waxman Act’’) to make ge-
neric drugs more accessible, and thus reduce health 
care costs; and 
(10) it would be in the public interest if patents 
on drugs for which applications are approved under 
section 505(c) of the Federal Food, Drug, and Cos-
metic Act (21 U.S.C. 355(c)) were extended only 
through the patent extension procedure provided 
under the Hatch-Waxman Act rather than through 
the attachment of riders to bills in Congress. 
(b) PURPOSES.—The purposes of this title are—
(1) to increase competition, thereby helping all 
Americans, especially seniors and the uninsured, to 
have access to more affordable medication; and
(2) to ensure fair marketplace practices and 
deter pharmaceutical companies (including generic 
companies) from engaging in anticompetitive action 
or actions that tend to unfairly restrain trade. 
SEC. 403. ACCELERATED GENERIC DRUG COMPETITION. 
(a) IN GENERAL.—Section 505(j)(5) of the Federal 
Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(5)) is 
amended—
(1) in subparagraph (B)(iv), by striking sub-
clause (II) and inserting the following: 
‘‘(II) the earlier of—
‘‘(aa) the date of a final decision of a 
court in an action described in clause (iii) 
(from which no appeal can or has been 
taken); or 
‘‘(bb) the date of a settlement order 
or consent decree signed by a Federal 
judge that enters a final judgment and in-
cludes a finding that the patents that are 
the subject of the certification are invalid 
or not infringed;’’; 
(2) by redesignating subparagraphs (C) and 
(D) as subparagraphs (E) and (F), respectively; and 
(3) by inserting after subparagraph (B) the fol-
lowing:
‘‘(C) FORFEITURE OF 180-DAY PERIOD.—
‘‘(i) IN GENERAL.—The 180-day pe-
riod described in subparagraph (B)(iv) 
shall be forfeited by the previous applicant 
and become available to the next applicant 
submitting an application containing a cer-
tification 
described 
in 
paragraph 
(2)(A)(vii)(IV) if—
‘‘(I) the previous applicant fails 
to market the drug within 90 days 
after the date on which the approval 
of the application for the drug is 
made effective under subparagraph 
(B)(iii); 
‘‘(II) the previous applicant with-
draws the application; 
‘‘(III) the previous applicant 
amends the certification from a cer-
tification under subclause (IV) to a 
certification 
under 
paragraph 
(2)(A)(vii)(III), either voluntarily or 
as a result of a settlement or defeat in 
patent litigation; 
‘‘(IV) the previous applicant fails 
to get tentative approval of the appli-
100
cation within 30 months after the 
date on which the application is filed, 
unless the failure is caused by—
‘‘(aa) a change in the re-
quirements for tentative approval 
of the application imposed after 
the date on which the application 
was filed; or 
‘‘(bb) other extraordinary or 
unusual circumstances, as deter-
mined by the Secretary; 
‘‘(V) in a case in which, after the 
date on which the previous application 
was submitted under this subsection, 
new patent information is submitted 
for the drug under subsection (c)(2) 
for a patent for which certification is 
required 
under 
paragraph 
(2)(A)(vii)(IV), the previous applicant 
fails to challenge the patent that is 
the subject of the information within 
60 days after the date on which the 
patent information is submitted; or 
‘‘(VI) the previous applicant is 
determined by the Secretary, after a
101
fair and sufficient hearing and in con-
sultation with the Federal Trade 
Commission, to have engaged in anti-
competitive or collusive conduct, or 
any other conduct intended to unfairly 
monopolize the commercial manufac-
turing of the drug of the application. 
‘‘(ii) AVAILABILITY.—The 180-day pe-
riod described in subparagraph (B)(iv) 
shall be available only to—
‘‘(I) the previous applicant sub-
mitting an application for a drug 
under this subsection containing a 
certification described in paragraph 
(2)(A)(vii)(IV) with respect to any 
patent; or 
‘‘(II) under clause (i), the next 
applicant submitting an application 
for a drug under this subsection con-
taining such a certification with re-
spect to any patent; 
even if an application has been submitted 
for the drug under this subsection con-
taining such a certification with respect to 
a different patent.
102
‘‘(iii) APPLICABILITY.—The 180-day 
period described in subparagraph (B)(iv) 
shall apply only if—
‘‘(I) the application contains a 
certification described in paragraph 
(2)(A)(vii)(IV); and 
‘‘(II) an action is brought for in-
fringement of a patent that is the 
subject of the certification or the ap-
plicant brings an action (not later 
than 50 days after the date on which 
the notice provided under paragraph 
(2)(B)(ii) was received), against the 
holder of the approved application for 
the listed drug.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
this section shall be effective only with respect to an appli-
cation filed under section 505(j) of the Federal Food, 
Drug, and Cosmetic Act (21 U.S.C. 355(j)) for a listed 
drug 
for 
which 
no 
certification 
under 
section 
505(j)(2)(A)(vii)(IV) of that Act was made before the date 
of the enactment of this Act. 
SEC. 404. BIOEQUIVALENCE TESTING METHODS. 
Section 505(j)(8)(B) of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 355(j)(8)(B)) is amended—
103
(1) in clause (i), by striking ‘‘or’’ at the end; 
(2) in clause (ii), by striking the period at the 
end and inserting ‘‘; or’’; and 
(3) by adding at the end the following: 
‘‘(iii)(I) clauses (i) and (ii) are not applica-
ble, as determined by the Secretary; 
‘‘(II) the effects of the drug and the listed 
drug do not show a significant difference based 
on tests (other than tests that assess rate and 
extent of absorption), including—
‘‘(aa) a bioequivalence study with a 
pharmacodynamic endpoint; 
‘‘(bb) a bioequivalence study with a 
clinical endpoint; 
‘‘(cc) in vitro methods; or 
‘‘(dd) any other methodology that 
demonstrates that no significant dif-
ferences in therapeutic effects of active in-
gredients are expected; and 
‘‘(III) limited confirmatory studies to sup-
plement the bioequivalence testing are consid-
ered necessary by the Secretary.’’. 
SEC. 405. CITIZEN PETITIONS. 
Section 505(j)(5) of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 355(j)(5)) (as amended by sec-
104
tion 403(a)) is amended by inserting after subparagraph 
(C) the following: 
‘‘(D) CITIZEN PETITIONS.—
‘‘(i) IN
GENERAL.—Notwithstanding 
any other provision of law, any petition 
submitted under section 10.30 of title 21, 
Code of Federal Regulations (or any suc-
cessor regulation), shall include a state-
ment that to the best knowledge and belief 
of the petitioner, the petition—
‘‘(I) includes all information and 
views on which the petitioner relies; 
‘‘(II) is well grounded in fact and 
is warranted by law (including regula-
tions); 
‘‘(III) is not submitted for any 
improper purpose, such as to harass 
or cause unnecessary delay; 
‘‘(IV) does not contain a materi-
ally false, misleading, or fraudulent 
statement that the petitioner has 
knowingly and willingly included; and 
‘‘(V) includes all representative 
data and information known to the
105
petitioner that is favorable or unfavor-
able to the petition. 
‘‘(ii) APPLICABILITY
OF
CRIMINAL 
PROVISION.—Section 1001 of title 18, 
United States Code, shall apply to a per-
son that submits a petition under section 
10.30 of title 21, Code of Federal Regula-
tions (or any successor regulation). 
‘‘(iii) INVESTIGATIONS.—
‘‘(I) IN GENERAL.—The Federal 
Trade Commission shall investigate, 
on receipt of a complaint or upon its 
own initiative, any petition submitted 
under section 10.30 of title 21, Code 
of Federal Regulations (or any suc-
cessor regulation), that may have been 
submitted for an improper purpose, 
such as to delay competition or agen-
cy action. 
‘‘(II) REFERRAL.—If the Com-
mission finds that a petitioner has en-
gaged in conduct that may be illegal, 
the Commission shall refer the peti-
tion to the Antitrust Division of the
106
Department of Justice for further ac-
tion. 
‘‘(iv) NOTICE OF RECEIPT OF CONSID-
ERATION.—
‘‘(I) IN
GENERAL.—A person 
that submits a petition under section 
10.30 of title 21, Code of Federal 
Regulations (or any successor regula-
tion), shall provide a written notice to 
the Federal Trade Commission if the 
person receives any consideration for 
submitting the petition. 
‘‘(II) A notice under subclause 
(I) shall include—
‘‘(aa) the name of the per-
son or entity that provided the 
consideration; 
‘‘(bb) the dollar value of the 
consideration, if provided in cash, 
or a description of such consider-
ation; 
‘‘(cc) the date on which the 
consideration was provided; and
107
‘‘(dd) any other information 
that the Commission requires to 
be disclosed.’’. 
SEC. 406. PATENT CERTIFICATION. 
(a) ABBREVIATED NEW DRUG APPLICATIONS.—Sec-
tion 505(j)(5) of the Federal Food, Drug, and Cosmetic 
Act (21 U.S.C. 355(j)(5)) (as amended by section 
403(a)(2)) is amended—
(1) in subparagraph (B), by striking clause (iii) 
and inserting the following: 
‘‘(iii) CERTIFICATION
THAT
PATENT 
IS INVALID OR WILL NOT BE INFRINGED.—
‘‘(I) IN
GENERAL.—Except as 
provided in subclauses (II) and (III), 
if the applicant made a certification 
described 
in 
paragraph 
(2)(A)(vii)(IV), the approval shall be 
made effective on the expiration of 45 
days after the date on which the no-
tice 
provided 
under 
paragraph 
(2)(B)(ii) was received. 
‘‘(II) ACTION
FOR
PATENT
IN-
FRINGEMENT.—If 
an 
action 
is 
brought for infringement of a patent 
that is the subject of the certification
109
‘‘(V) PROCEDURE.—In an action 
described in subclause (II)—
‘‘(aa) each of the parties 
shall reasonably cooperate in ex-
pediting the action; 
‘‘(bb) until the expiration of 
45 days after the date the notice 
provided 
under 
paragraph 
(2)(B)(i) was received, no civil 
action may be brought under sec-
tion 2201 of title 28, United 
States Code, for a declaratory 
judgment with respect to the pat-
ent, except as provided in sub-
paragraph (H); and
‘‘(cc) any such civil action 
shall be brought in the judicial 
district in which the defendant 
has its principal place of business 
or a regular and established place 
of business.’’; and 
(2) by adding at the end the following: 
‘‘(G) CIVIL
ACTION
FOR
DECLARATORY 
JUDGMENT.—A person that files an abbreviated 
application for a new drug under this para-
110
graph may bring a civil action against the hold-
er of an approved application for a listed drug 
for a declaratory judgment to determine wheth-
er the patent that claims the listed drug or a 
method of using the drug is invalid or will not 
be infringed. 
‘‘(H) CIVIL ACTION TO DETERMINE LEGAL 
STATUS.—Notwithstanding any other provision 
of law, if information on a patent for a listed 
drug has been published under subsection (c)(2) 
for at least 1 year after the date on which an 
abbreviated application for approval of a new 
drug was filed under this subsection in relation 
to the listed drug, the person that filed the ab-
breviated application or the holder of the ap-
proved application for the listed drug may im-
mediately bring a civil action to determine the 
legal status of the patent for the listed drug.’’. 
(b) NEW DRUG APPLICATIONS.—Section 505(c)(3) 
of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
355(c)(3)) is amended by striking subparagraph (C) and 
inserting the following: 
‘‘(C) CERTIFICATION THAT PATENT IS IN-
VALID OR WILL NOT BE INFRINGED.—
111
‘‘(i) IN
GENERAL.—Except as pro-
vided in clauses (ii) and (iii), if the appli-
cant made a certification described in sub-
section (b)(2)(A)(iv), the approval shall be 
made effective on the expiration of 45 days 
after the date on which the notice provided 
under subsection (b)(3)(B) was received. 
‘‘(ii) ACTION BROUGHT BEFORE EXPI-
RATION
OF
DAYS.—If an action is 
brought for infringement of a patent that 
is the subject of the certification before the 
expiration of the 45-day period beginning 
on the date the notice provided under sub-
section (b)(3)(B) was received, the ap-
proval shall be made effective on the expi-
ration of the 45-day period unless the 
court grants a preliminary injunction pro-
hibiting the applicant from engaging in the 
commercial manufacture or sale of the 
drug until the court decides the issues of 
patent validity and infringement. 
‘‘(iii) PATENT
INVALID
OR
NOT
IN-
FRINGED.—If the court decides that the 
patent is invalid or not infringed, the ap-
112
proval shall be made effective on the date 
of the court decision. 
‘‘(iv) PATENT
INFRINGED.—If the 
court decides that the patent has been in-
fringed, the approval may be made effec-
tive on such date as the court orders under 
section 271(e)(4)(A) of title 35, United 
States Code. 
‘‘(v) PROCEDURE.—In an action de-
scribed in clause (ii)—
‘‘(I) each of the parties shall rea-
sonably cooperate in expediting the 
action; 
‘‘(II) until the expiration of 45 
days after the date the notice provided 
under subsection (b)(3)(B) was re-
ceived, no civil action may be brought 
under section 2201 of title 28, United 
States Code, for a declaratory judg-
ment with respect to the patent, ex-
cept 
as 
provided 
in 
subsection 
(j)(5)(H); and 
‘‘(III) any such civil action shall 
be brought in the judicial district 
where the defendant has its principal
113
place of business or a regular and es-
tablished place of business.’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall not apply to an application submitted 
under section 505 of the Federal Food, Drug, and Cos-
metic Act (21 U.S.C. 355) before the date of the enact-
ment of this Act. 
SEC. 407. PATENT INFORMATION. 
Section 505 of the Federal Food, Drug, and Cosmetic 
Act (21 U.S.C. 355) is amended—
(1) in subsection (b), by striking ‘‘(b)(1) Any 
person’’ and all that follows through paragraph (1) 
and inserting the following: 
‘‘(b) APPLICATIONS.—
‘‘(1) IN GENERAL.—
‘‘(A) FILING.—Any person may file with 
the Secretary an application with respect to any 
drug subject to subsection (a). 
‘‘(B) CONTENTS.—A person that files an 
application shall submit to the Secretary as a 
part of the application with respect to a drug—
‘‘(i) full reports of investigations that 
have been made to show whether or not 
such drug is safe for use and whether the 
drug is effective in use;
114
‘‘(ii) a full list of the articles used as 
components of the drug; 
‘‘(iii) a full statement of the composi-
tion of the drug; 
‘‘(iv) a full description of the methods 
used in, and the facilities and controls 
used for, the manufacture, processing, and 
packing of the drug; 
‘‘(v) such samples of the drug and of 
the articles used as components of the 
drug as the Secretary may require; and 
‘‘(vi) specimens of the labeling pro-
posed to be used for the drug. 
‘‘(C) PATENT INFORMATION.—
‘‘(i) IN
GENERAL.—The applicant 
shall file with the application the patent 
number and expiration date of any patent 
that claims a drug or method of using a 
drug and with respect to which a claim of 
patent infringement could reasonably be 
asserted if a person not licensed by the 
owner engaged in the manufacture, use, or 
sale of the drug for which the applicant 
submitted the application.
115
‘‘(ii) AMENDMENT OF APPLICATION.—
If an application is filed with respect to a 
drug and a patent as described in clause 
(i) is issued after the filing date but before 
approval of the application, the applicant 
shall amend the application to include the 
information required by clause (i). 
‘‘(iii) PUBLICATION
OF
INFORMA-
TION.—On approval of the application, the 
Secretary shall publish information sub-
mitted under clauses (i) and (ii). 
‘‘(D) GUIDANCE.—The Secretary shall, in 
consultation with the Director of the National 
Institutes of Health and with representatives of 
the drug manufacturing industry, review and 
develop guidance, as appropriate, on the inclu-
sion of women and minorities in clinical trials 
required by subparagraph (B)(i).’’; and 
(2) in paragraph (2)(A)—
(A) by striking ‘‘which claims’’ the first 
place it appears and all that follows through 
‘‘subsection and’’; and 
(B) by striking ‘‘subsection (c)—’’ and in-
serting ‘‘and with respect to which a claim of 
patent infringement could reasonably be as-
116
serted if a person not licensed by the owner en-
gaged in the manufacture, use, or sale of the 
drug for which the investigations were con-
ducted—’’; 
(3) in the first sentence of subsection (c)(2)—
(A) by inserting ‘‘such patent information’’ 
after ‘‘shall file’’; and
(B) by striking ‘‘Secretary,’’ and all that 
follows and inserting ‘‘Secretary.’’; 
(4) in subsection (j)(2)(vii), by striking ‘‘which 
claims the listed drug’’ and all that follows through 
‘‘under this subsection and’’ and inserting ‘‘for the 
listed drug referred to in clause (i)’’; and 
(5) by adding at the end the following: 
‘‘(o) PATENT INFORMATION.—
‘‘(1) APPLICABILITY.—This subsection applies 
to a holder of an approved application under sub-
section (c) that files a patent—
‘‘(A) that claims, with regard to a drug of 
the application, a drug or method of using a 
drug; and 
‘‘(B) for which a claim of patent infringe-
ment could reasonably be asserted if a person 
not licensed by the owner engaged in the manu-
117
facture, use, or sale of the drug, after the date 
of approval of the application. 
‘‘(2) CERTIFICATION.—A holder of a patent de-
scribed in paragraph (1) shall—
‘‘(A) inform the Secretary of the filing of 
the patent; and 
‘‘(B) certify that the information is a com-
plete and accurate listing of all such patents. 
‘‘(3) SECRETARY.—The Secretary shall list the 
information provided under paragraph (2) in accord-
ance with subsection (j)(7).’’. 
SEC. 408. REPORT. 
(a) IN GENERAL.—Not later than the date that is 
5 years after the date of the enactment of this Act, the 
Federal Trade Commission shall submit to Congress a re-
port describing the extent to which implementation of the 
amendments made by this title—
(1) has enabled products to come to market in 
a fair and expeditious manner, consistent with the 
rights of patent owners under intellectual property 
law; and 
(2) has promoted lower prices of drugs and 
greater access to drugs through price competition.
118
(b) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section 
$5,000,000. 
TITLE 
V—NONDISCRIMINATION 
AGAINST IMPORTS OF PRE-
SCRIPTION DRUGS. 
SEC. 501. SHORT TITLE. 
This title may be cited as the ‘‘Preserving Access to 
Safe Affordable Canadian Medicines Act of 2003’’. 
SEC. 502. FINDINGS. 
The Congress makes the following findings: 
(1) Prescription drug manufacturers charge 
substantially more for their products in the United 
States than in Canada. 
(2) Many Americans cannot afford the higher 
U.S. prices and are forced to either go without their 
needed medications or sacrifice other necessities of 
life in order to afford them. 
(3) Increasingly, Americans have turned to the 
Canadian market to purchase their needed medica-
tions at substantially lower prices and the Food and 
Drug Administration now estimates that two million 
parcels containing prescription drugs enter the U.S. 
for personal use each year.
119
(4) The Congressional Research Service has 
confirmed that Canada has a drug approval and dis-
tribution system comparable to that of the United 
States. 
(5) Drug manufacturers are trying to cut off 
the supply of prescription drugs accessed by U.S. 
consumers on the Canadian market in blatant dis-
regard of the health consequences for Americans. 
SEC. 503. NONDISCRIMINATION AGAINST IMPORTS OF PRE-
SCRIPTION DRUGS. 
(a) IN GENERAL.—Chapter VIII of the Federal 
Food, Drug, and Cosmetic Act (21 U.S.C. 381 et seq.) 
is amended—
(1) in section 801(d)(1), by striking ‘‘section 
804,’’ and inserting ‘‘sections 804 and 805,’’; and
(2) by adding at the end the following: 
‘‘PROHIBITION AGAINST DISCRIMINATION AGAINST 
IMPORTS 
‘‘SEC. 805. (a) REGULATIONS.—The Secretary, after 
consultation with the United States Trade Representative 
and the Commissioner of Customs, shall promulgate regu-
lations prohibiting manufacturers of prescription medica-
tions from taking actions that discriminate against, or 
cause other persons to discriminate against, United States 
consumers regarding the purchase of prescription medica-
tions from Canadian pharmacies.
120
‘‘(b) NONDISCRIMINATION.—No manufacturer of a 
prescription medication may take actions that discrimi-
nate against, or cause other persons to discriminate 
against, United States consumers regarding the purchase 
of a prescription medication from Canadian pharmacies. 
‘‘(c) DEFINITION.—For purposes of this section, the 
term ‘discrimination’ means a contract provision, a limita-
tion on supply, or other measure which has the effect of 
providing U.S. consumers access to prescription medica-
tions on terms or conditions that are less favorable than 
the terms or conditions provided to any foreign purchaser 
of such products, or otherwise has the effect of restricting 
or reducing access by United States consumers to a pre-
scription medication from Canadian pharmacies.’’. 
(b) PROHIBITED ACT.—Section 301 of the Federal 
Food, Drug, and Cosmetic Act (21 U.S.C. 331) is amend-
ed by adding at the end the following: 
‘‘(hh) Discrimination by a manufacturer in violation 
of section 805.’’. 
(c) CIVIL PENALTIES.—Section 303 of the Federal 
Food, Drug, and Cosmetic Act (21 U.S.C. 333) is amend-
ed by adding at the end the following subsection: 
‘‘(h)(1) Any manufacturer of a prescription medica-
tion that knowingly violates section 805(b) shall be liable
121
to the United States for a civil penalty in an amount not 
to exceed $1,000,000. 
‘‘(2) Paragraphs (3) through (5) of subsection (g) 
apply with respect to a civil penalty under paragraph (1) 
of this subsection to the same extent and in the same man-
ner as such paragraphs (3) through (5) apply with respect 
to a civil penalty under paragraph (1) or (2) of subsection 
(g).’’. 
TITLE VI—REQUIREMENT FOR 
WRITTEN 
STATEMENT 
OF 
TOTAL COST OF RESEARCH 
FOR 
APPROVAL 
OF 
NEW 
DRUGS 
SEC. 601. REQUIREMENT FOR WRITTEN STATEMENT OF 
TOTAL COST OF RESEARCH FOR APPROVAL 
OF NEW DRUGS. 
Notwithstanding any other provision of law, the Com-
missioner of Food and Drugs may not approve any appli-
cation for a new drug submitted on or after the date of 
the enactment of this Act by an entity that does not, be-
fore completion of the approval process, provide to the 
Secretary of Health and Human Services a written state-
ment specifying the total cost of research and development 
with respect to such drug, by stage of drug development,
122
including a separate statement specifying the portion paid 
with Federal funds and the portion paid with State funds. 
TITLE 
VII—PROHIBITION 
ON 
CERTAIN 
CAMPAIGN 
CON-
TRIBUTIONS 
SEC. 701. PROHIBITION ON CAMPAIGN CONTRIBUTIONS BY 
CHIEF EXECUTIVE OFFICERS OF PHARMA-
CEUTICAL COMPANIES. 
Section 315 of Federal Election Campaign Act of 
1971 (2 U.S.C. 441a) is amended by adding at the end 
the following new subsection: 
‘‘(k) PROHIBITION ON CAMPAIGN CONTRIBUTIONS 
BY CHIEF EXECUTIVE OFFICERS OF PHARMACEUTICAL 
COMPANIES.—No individual who is a chief executive offi-
cer of a pharmaceutical company may make a contribution 
to a political party or candidate.’’. 
TITLE VIII—ADDITIONAL 
PROVISIONS 
SEC. 801. REPEAL OF FEBRUARY 2002 INCREASE IN COPAY-
MENTS FOR MEDICATIONS FURNISHED TO 
VETERANS BY THE DEPARTMENT OF VET-
ERANS AFFAIRS. 
(a) RESCISSION OF INCREASE IN VETERANS MEDICA-
TION COPAYMENT.—The February 2002 veterans medica-
tion copayment increase is hereby rescinded. The copay-
123
ment amount for purposes of section 1722A(a) of title 38, 
United States Code, is reinstated as $2, effective as of 
the date of the enactment of this Act. 
(b) FEBRUARY 2002 VETERANS MEDICATION CO-
PAYMENT INCREASE DEFINED.—For purposes of sub-
section (a), the term ‘‘February 2002 veterans medication 
copayment increase’’ means the increase in the copayment 
amount in effect under section 1722A(a) of title 38, 
United States Code, that was effective on February 4, 
2002, in accordance with an announcement by the Sec-
retary of Veterans Affairs of December 6, 2001, pursuant 
to a direction from the President. 
SEC. 802. SOCIAL SECURITY AND MEDICARE LOCK BOX. 
All Social Security and Medicare funds shall be 
walled off into a lock box that may not be raided for new 
programs or tax cuts for the rich.
Æ