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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Early Education Employee Benefit Act 
of 2002''.

SEC. 2. AUTHORITY TO MAKE GRANTS.

    The Secretary of Health and Human Services may make grants on a 
competitive basis, and payable during a period of not less than 2 years 
and not more than 5 years, to eligible States and political 
subdivisions of States--
            (1) to establish innovative partnerships with private 
        partners to reduce the cost incurred by employees and union 
        members to obtain early education (including child care, 
        preschool, and other early childhood programs), or
            (2) to assist private partners to pay part of the cost of 
        acquiring, building, and renovating physical premises to be 
        used as new early education facilities.

SEC. 3. ELIGIBILITY OF STATES AND POLITICAL SUBDIVISIONS OF STATES TO 
              RECEIVE GRANTS.

    To be eligible to receive a grant under section 2, a State or a 
political subdivision of a State shall submit to the Secretary an 
application at such time, in such form, and containing such information 
as the Secretary may require by rule, including--
            (1) the agency designated by the State, or the political 
        subdivision of a State, to serve as the lead agency that will 
        administer such grant,
            (2) a description of the program such applicant intends to 
        carry out with such grant,
            (3) a description of the source, and increasing annual 
        amount, of the funds such applicant will use to pay the non-
        Federal share of the cost to carry out such program during a 
        period not less than 2 years and not more than 5 years, and
            (4) an agreement that such State or such political 
        subdivision--
                    (A) will contribute (from non-Federal funds) to 
                carry out such program, an amount equal to 50 percent 
                of the amount of such grant,
                    (B) will not require a private partner to offer on-
                site early education as a condition for participation 
                in an Early Education Benefit Agreement, and
                    (C) will use such grant to supplement, not 
                supplant, spending by such State, such political 
                subdivision, and private partners to improve access to 
                and enhance the quality of early education.

SEC. 4. SELECTION OF APPLICANTS TO RECEIVE GRANTS.

    In making grants under this Act, the Secretary shall give priority 
to eligible applicants that--
            (1) are, in the judgment of the Secretary, most likely to 
        increase the number of employees and members who receive an 
        Early Education Benefit through their employers and unions,
            (2) propose innovative public-private partnerships that 
        will carry out early education programs that are likely to be 
        replicated,
            (3) are likely to be sustainable beyond the period during 
        which such grant is expended,
            (4) are developed in consultation with child care resource 
        and referral agencies and networks, and with employers and 
        unions,
            (5) demonstrate the intention and ability to provide--
                    (A) with funds to be expended for the use described 
                in section 5(1), Early Education Benefits through Early 
                Education Benefit Agreements to a significant number of 
                employees of private employers with fewer than 50 
                employees, or
                    (B) with funds to be expended for the use described 
                in section 5(2), Early Education Start-up Grants to 
                private employers with fewer than 50 employees, and
                    (6) have experience working on early childhood 
                issues and working in partnership with the business 
                community, or have an agreement to implement the 
                program funded by a grant made under section 2 through 
                a nonprofit entity with such experience.

SEC. 5. USES OF FUNDS.

    A recipient of a grant made under section 2 shall use such grant--
            (1) to enter into Early Education Benefit Agreements to 
        provide Early Education Benefits, or
            (2) to provide funds to private partners to establish new 
        early education facilities,
except that not more than 5 percent of such grant may be used to pay 
administrative costs incurred by such recipient to carry out this Act, 
including providing outreach to private partners.

SEC. 6. EARLY EDUCATION BENEFIT AGREEMENTS.

    (a) Eligibility.--To be eligible to receive funds to be used for 
the purpose specified in section 5(1) from a grant made under section 
2, a private partner, or consortia of private partners, shall enter 
into an Early Education Benefit Agreement with the recipient of such 
grant that includes the following:
            (1) An assurance that such private partner, or such 
        consortia, will pay not less than--
                    (A) \1/3\ of the cost of such Early Education 
                Benefit, or
                    (B) \1/5\ of such cost if such private partner, or 
                such consortia, creates a new early education facility 
                that--
                            (i) serves children less than 2 years of 
                        age or children with disabilities, or
                            (ii) is available during nontraditional 
                        work hours.
            (2) An assurance that such private partner, or such 
        consortia, shall offer such Early Education Benefit on a 
        priority basis to such employees or such members who have lower 
        incomes if such Early Education Benefit is not offered to all 
        such employees or all such members.
            (3) An assurance that if such private partner, or such 
        consortia, requires that such Early Education Benefit received 
        by an employee or member be expended at a limited number of 
        sites where early education (including child care, preschool, 
        and other early childhood programs) is provided, then 
there shall be at least 1 provider of early education (including child 
care, preschool, and other early childhood programs) for which such 
Early Education Benefit may be expended, that is--
                    (A) located at or near the residence or place of 
                employment of such employee or such member, and
                    (B) accredited by the National Association for the 
                Education of Young Children or the National Association 
                for Family Child Care, or taking steps to obtain such 
                accreditation.
            (4) An assurance that early education paid for in whole or 
        in part by such Early Education Benefit will be provided by a 
        provider that is licensed or regulated by the State.
            (5) A detailed description of--
                    (i) the nature of the Early Education Benefit to be 
                provided,
                    (ii) the respective financial contributions of such 
                private partner, or such consortia, and such grant 
                recipient, and the procedures by which such 
                contributions will be made,
                    (iii) the number of employees or members expected 
                to receive the Early Education Benefit provided under 
                such Agreement, and
                    (iv) the estimated total cost of such Benefit to 
                such private partner (or such consortia), such grant 
                recipient, and such employees or such members.
    (b) Selection of Private Partners To Enter Into Early Education 
Benefit Agreements.--In selecting private partners with which to enter 
into Early Education Benefit Agreements, a recipient of a grant made 
under section 2 shall give priority to--
            (1) private partners that will make larger financial 
        contributions to the Early Education Benefit,
            (2) private partners with fewer employees or members,
            (3) private partners that will make an Early Education 
        Benefit available to employees and members on a sliding scale 
        inversely proportional to their level of earned income, and
            (4) private partners that have a history of personnel 
        policies and practices that enable their employees or their 
        members to balance work commitments with family obligations.

SEC. 7. EARLY EDUCATION START-UP GRANTS.

    (a) Eligibility To Receive Funds.--To be eligible to receive funds 
for the use specified in section 5(2) from a grant made under section 
2, a private partner shall agree--
            (1) to subsidize attendance at the proposed new early 
        education facility for children of lower-paid employees or 
        members, and
            (2) to pay not less than \1/3\ of the cost of acquiring, 
        building, and renovating physical premises to be used as such 
        facility.
    (b) Selection of Private Partners To Receive Funds.--In providing 
funds to private partners from a grant received for the use specified 
in section 5(2), a recipient of a grant made under section 2 shall give 
priority to--
            (1) private partners that will create a facility to provide 
        early education that--
                    (A) serves children less than 2 years of age or 
                children with disabilities, or
                    (B) is available during nontraditional hours during 
                which their parents are employed,
            (2) private partners that will operate such a facility that 
        is accredited, has a low ratio of children to adults, or 
        demonstrates other facts that show such facility offers an 
        early education program of high quality,
            (3) private partners that will pay with nongovernmental 
        funds a larger share of the cost of the use for which the Early 
        Education Start-up Grant funds will be expended,
            (4) private partners that have fewer employees or members, 
        and
            (5) private partners that have a history of personnel 
        policies and practices that enable their employees or members 
        to balance work commitments with family obligations.

SEC. 8. REPORTS.

    (a) Reports by Grantees.--The Secretary shall issue rules that 
require each recipient of a grant made under section 2 to submit 
annually to the Secretary a report that includes the following 
information for the fiscal year for which such report is submitted:
            (1) The number of Early Education Benefit Agreements 
        participated in and Start-Up Grants made.
            (2) Information about the private partners, including the 
        industry of which they are a part and their size.
            (3) Information about the number of employees who are both 
        offered and are receiving Early Education Benefits as a result 
        of such grant,including the number and average incomes of 
        employees who are receiving Early Education Benefits and the 
        number of employees who were offered and declined Early 
        Education Benefits.
            (4) Information about the amount of private spending on 
        Early Education Benefits and on the investment in new early 
        education facilities leveraged by the grants.
            (5) If appropriate and available, information about whether 
        and at what level private partners have continued to provide 
        Early Education Benefits after the conclusion of the grantee's 
        participation in an Early Education Benefit Agreement.
    (b) Reports by the Secretary.--The Secretary shall submit to the 
Congress biennially a report that includes the following information 
for the period of 2 fiscal years for which such report is submitted:
            (1) Summaries of the reports received under subsection (a) 
        by the Secretary for such period.
            (2) A description of the implementation of this Act, and 
        its impact on employees' access to early education programs for 
        their children, during such period.

SEC. 9. DEFINITIONS.

    For purposes of this Act:
            (1) Child.--The term ``child'' means an individual who is 
        less that 6 years of age.
            (2) Early Education Benefit.--The term ``Early Education 
        Benefit'' means assistance, in cash or in kind, to pay any part 
        of the cost incurred by employees and union members to obtain 
        early education (including child care, preschool, and other 
        early childhood programs) for their children.
            (3) Early Education Benefit Agreement.--The term ``Early 
        Education Benefit Agreement'' means a contract under which a 
        recipient of a grant under section 2 and a private partner that 
        receives from such recipient funds provided for the use 
        described in section 5(1) agree to provide jointly an Early 
        Education Benefit for children of the members or employees of 
        such private partner.
            (4) Private Partner.--The term ``private partner'' means a 
        private employer, labor union, and consortia of employers or 
        labor unions.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of Health and Human Services.

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this Act such 
sums as may be necessary for fiscal years 2003 through 2007.
Early Education Employee Benefit Act of 2002 - Authorizes the Secretary of Health and Human Services (HHS) to make competitive matching grants to States and local governments to: (1) enter Early Education Benefit Agreements with private partners to provide part of the cost of Early Education Benefits, which reduce costs incurred by employees and union members to obtain early education (including child care, preschool, and other early childhood programs); or (2) make Early Education Start-Up Grants to assist private partners to pay part of the cost of acquiring, building, and renovating physical premises to be used as new early education facilities, if such partners subsidize attendance at those facilities for children of lower-paid employees or union members.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Affordable Prescription Drugs Act''.

SEC. 2. COMPULSORY LICENSING OF CERTAIN PATENTED MEDICAL INVENTIONS.

    (a) In General.--Chapter 14 of title 35, United States Code, is 
amended by adding at the end the following:
``Sec. 158. Compulsory licensing
    ``(a) Compulsory Licensing of Certain Patented Medical 
Inventions.--In the case of any subject invention relating to health in 
which a patent holder, contractor, exclusive licensee, or assignee has 
acquired title under this title, the Secretary of Health and Human 
Services shall have the right to establish other use of the subject 
matter of the patent without authorization of the right holder if the 
Secretary makes the determination described in subsection (b).
    ``(b) Determination.--The determination of the Secretary of Health 
and Human Services referred to in subsection (a) is a determination 
that--
            ``(1) the patent holder, contractor, licensee, or assignee 
        referred to in subsection (a) has not taken, or is not expected 
        to take within a reasonable time, effective steps to achieve 
        practical application of the subject invention in a field of 
        use;
            ``(2) such compulsory license is necessary to alleviate 
        health or safety needs which are not adequately satisfied by 
        the patent holder, contractor, licensee, or assignee; or
            ``(3) the patented material is priced higher than may be 
        reasonably expected based on criteria developed by the 
        Secretary of Commerce.
    ``(c) Factors in Authorizing Other Use.--In exercising the right 
under subsection (a) to authorize other use of the subject matter of a 
patent, the following shall apply:
            ``(1) Authorization of such use shall be considered on its 
        individual merits.
            ``(2) Such use may only be permitted if, prior to such use, 
        the proposed user has made efforts to obtain authorization from 
        the right holder on reasonable commercial terms and conditions 
        and that such efforts have not been successful within a 
        reasonable period of time. This requirement may be waived in 
        the case of a national emergency or other circumstances of 
        extreme urgency or in cases of public noncommercial use. In 
        situations of national emergency or other circumstances of 
        extreme urgency, the right holder shall, nevertheless, be 
        notified as soon as reasonably practicable. In the case of 
        public noncommercial use, where the Government or (if 
        applicable) a contractor of the Government, without making a 
        patent search, knows or has demonstrable grounds to know that a 
        valid patent is or will be used by or for the Government, the 
        right holder shall be informed promptly.
            ``(3) Such use shall be nonexclusive.
            ``(4) Such use shall be nonassignable, except with that 
        part of the enterprise or goodwill which enjoys such use.
            ``(5) Authorization for such use shall be liable, subject 
        to adequate protection of the legitimate interests of the 
        persons so authorized, to be terminated if and when the 
        circumstances which led to it cease to exist and are unlikely 
        to recur. The competent authority shall have the authority to 
        review, upon appropriate request, the continued existence of 
        such circumstances.
            ``(6) The right holder shall be paid adequate remuneration 
        in the circumstances of each case, taking into account the 
        economic value of the authorization.
            ``(7) The legal validity of any decision relating to the 
        authorization of such use shall be subject to judicial review 
        or other independent review by a distinct Federal authority.
            ``(8) Any decision relating to the remuneration provided in 
        respect of such use shall be subject to judicial review or 
        other independent review by a distinct Federal authority.
            ``(9) The condition set forth in paragraph (2) is not 
        applicable where such use is permitted to remedy a practice 
        determined after judicial or administrative process to be 
        anticompetitive. The need to correct anticompetitive practices 
        may be taken into account in determining the amount of 
        remuneration in such cases. The competent authorities shall 
        have the authority to refuse termination of authorization if 
        and when the conditions which led to such authorization are 
        likely to recur.
            ``(10) Where such use is authorized to permit the 
        exploitation of a patent (`the 2nd patent') which cannot be 
        exploited without infringing another patent (`the 1st patent'), 
        the following additional conditions shall apply:
                    ``(A) The invention claimed in the 2nd patent shall 
                involve an important technical advance of considerable 
                economic significance in relation to the invention 
                claimed in the 1st patent.
                    ``(B) The owner of the 1st patent shall be entitled 
                to a cross-license on reasonable terms to use the 
                invention claimed in the 2nd patent.
                    ``(C) The use authorized in respect of the 1st 
                patent shall be nonassignable except with the 
                assignment of the 2nd patent.
    ``(d) Consistency With TRIPS.--Regulations adopted under subsection 
(a) shall be consistent with provisions of the Agreement on Trade-
Related Aspects of Intellectual Property Rights referred to in section 
101(d)(15) of the Uruguay Round Agreements Act.''.
    (b) Conforming Amendment.--the table of contents for chapter 14 of 
title 35, United States Code, is amended by adding at the end the 
following new item:

``158. Compulsory licensing.''.

SEC. 3. REPORT ON PHARMACEUTICAL COSTS AND SALES.

    (a) Report Requirement.--Any person engaged in the manufacture and 
sale of any drug approved under section 505 or 512 of the Federal Food, 
Drug, and Cosmetic Act (21 U.S.C. 355, 360b) for which a patent is 
still in effect shall report to the Congress annually an audit of all 
financial information relevant to the pricing of that drug nationally 
and internationally, including the costs of research and development, 
sufficient to assess the reasonableness of that pricing, in accordance 
with specifications developed by the Secretary of Commerce in 
consultation with the Commissioner of Food and Drugs.
    (b) Disqualification From Participation in Federal Programs as 
Penalty for Noncompliance.--In the case of a person who the Secretary 
of Commerce determines has failed to submit a report required under 
subsection (a) on a timely basis, the person shall be ineligible to 
receive payment from the Federal Government or under any Federal 
program (including under the medicare and medicaid programs) for any 
prescription drug or biologic it manufactures or sells until the date 
the Secretary determines that such failure has ceased.
Requires any person engaged in the manufacture and sale of any new drug or new animal drug approved under the Federal Food, Drug, and Cosmetic Act, for which a patent is still in effect, to report annually to Congress an audit of all financial information relevant to that drug's pricing nationally and internationally, including research and development costs, sufficient to assess the reasonableness of that pricing. Requires disqualification from participation in Federal programs as a penalty for noncompliance with this reporting requirement.

SECTION 1. FINDINGS.

    Congress finds the following:
            (1) Contrary to the Weinberger Doctrine, which states that 
        the United States should use military force only if it is in 
        the vital national interest of the United States and only with 
        clearly defined political and military goals, the United States 
        went to war against Iraq in March 2003 without clearly defined 
        political and military goals.
            (2) Contrary to the Powell Doctrine, which states that if 
        the United States is to use military force it should be 
        ``overwhelming'' military force, the United States went to war 
        against Iraq without the troop levels or strategy needed to 
        secure a post-invasion Iraq.
            (3) Ignoring the advice of United States military leaders 
        and experts, the President sent United States troops into war 
        against Iraq without sufficient levels needed for post-conflict 
        success and without sufficient armor and related equipment, and 
        has used the United States military in such a way that today it 
        is straining under the weight of the war.
            (4) The justifications cited by the President for using 
        military force against Iraq--that Iraq possessed weapons of 
        mass destruction and Iraq had links to al Qaeda--have not, to 
        date, been proven correct.
            (5) On May 1, 2003, the President announced the end of 
        major combat operations in Iraq, thus starting an entirely new 
        phase--the occupation of Iraq.
            (6) The justifications cited by the President for using 
        military force against Iraq have shifted dramatically since 
        Congress passed the Authorization for Use of Military Force 
        Against Iraq Resolution of 2002 (Public Law 107-243), from 
        combating the threat that Saddam Hussein allegedly posed to the 
        United States, to establishing an Iraqi democracy, and to a 
        larger vision of Middle Eastern democracy.
            (7) Public Law 107-243 authorized the President to use 
        force to ``defend the national security of the United States 
        against the continuing threat posed by Iraq''.
            (8) Currently, United States troops are not facing a 
        military force or direct threat to the United States in Iraq, 
        rather they are facing both a Sunni insurgency against the 
        United States occupation of Iraq and a violent, long-standing 
        struggle between Sunni and Shia Islam on the streets of 
        Baghdad--neither of which pose a ``continuing threat'' to the 
        United States.
            (9) Public Law 107-243 clearly reflected the President's 
        policies of preemption and unilateralism that have left the 
        United States with an open-ended and ill-defined occupation of 
        a country in the middle of a civil war.
            (10) The President's policies of preemption and 
        unilateralism that led the United States into Iraq now leave 
        the United States with no clear exit strategy from Iraq.
            (11) The escalation of the use of military force in Iraq 
        continues the retreat from long-held United States policies of 
        diplomacy, deterrence, and containment.

SEC. 2. REPEAL OF PUBLIC LAW 107-243.

    The Authorization for Use of Military Force Against Iraq Resolution 
of 2002 (Public Law 107-243) is hereby repealed.

SEC. 3. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) Congress should vote on a new authorization for use of 
        force resolution that--
                    (A) reflects the current situation in Iraq;
                    (B) abandons the Bush Doctrine of preemption and 
                unilateralism; and
                    (C) realigns United States policy with its long-
                held engagement priorities of diplomacy, deterrence, 
                and containment;
            (2) the United States should establish a quick-reaction 
        United States military force with an over-the-horizon presence 
        in the region to respond as needed to imminent security threats 
        in the Middle East;
            (3) the United States should enhance and intensify 
        diplomatic relations that will provide the proper external 
        environment and support for the difficult internal steps that 
        the Government of Iraq should take to promote national 
        reconciliation;
            (4) the United States should increase efforts to engage all 
        neighboring countries and the League of Arab States in 
        promoting stability in Iraq;
            (5) the United States should maintain its commitment to 
        continue to provide humanitarian and reconstruction assistance 
        in Iraq;
            (6) the United States should redirect diplomatic, economic, 
        and military support to Afghanistan, where the Taliban 
        continues to destabilize the region; and
            (7) the United States should aggressively pursue Osama Bin 
        Laden, Ayman al-Zawahiri, al Qaeda and other terrorist 
        organizations that continue to pose an imminent threat to the 
        United States.

Repeals P.L. 107-243 (Authorization for Use of Military Force Against Iraq Resolution of 2002).

Expresses the sense of Congress that: (1) Congress should vote on a new authorization for use of force resolution that reflects the current Iraq situation, abandons the Bush Doctrine of preemption and unilateralism, and realigns U.S. policy with its long-held priorities of diplomacy, deterrence, and containment; (2) the United States should establish a quick-reaction U.S. military force with an over-the-horizon presence in the region; (3) the United States should intensify diplomatic relations to support the difficult internal steps that the government of Iraq should take to promote national reconciliation; (4) the United States should increase efforts to engage all neighboring countries and the League of Arab States in promoting Iraq's stability; (5) the United States should continue to provide humanitarian and reconstruction assistance in Iraq; (6) the United States should redirect diplomatic, economic, and military support to Afghanistan; and (7) the United States should aggressively pursue Osama Bin Laden, Ayman al-Zawahiri, al Qaeda and other terrorist organizations that continue to pose an imminent threat to the United States.