[Congressional Record Volume 142, Number 61 (Monday, May 6, 1996)]
[Senate]
[Page S4724]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          AMENDMENTS SUBMITTED

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            THE WHITE HOUSE TRAVEL OFFICE REIMBURSEMENT ACT

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                    PRYOR AMENDMENTS NOS. 3958-3959

  (Ordered to lie on the table.)
  Mr. PRYOR submitted two amendments intended to be proposed by him to 
the bill (H.R. 2937) for the reimbursement of legal expenses and 
related fees incurred by former employees of the White House Travel 
Office with respect to the termination of their employment in that 
Office on May 19, 1993; as follows:

                           Amendment No. 3958

       At the appropriate place, insert the following new section:

     SEC.   . APPROVAL AND MARKETING OF PRESCRIPTION DRUGS.

       (a) Approval of Applications of Generic Drugs.--For 
     purposes of acceptance and consideration by the Secretary of 
     an application under subsections (b), (c), and (j) of section 
     505, and subsections (b), (c), and (n) of section 512, of the 
     Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355 (b), (c), 
     and (j), and 360b (b), (c), and (n)), the expiration date of 
     a patent that is the subject of a certification under section 
     505(b)(2)(A) (ii), (iii), or (iv), section 505(j)(2)(A)(vii) 
     (II), (III), or (IV), or section 512(n)(1)(H) (ii), (iii), or 
     (iv) of such Act, respectively, made in an application 
     submitted prior to June 8, 1995, or in an application 
     submitted on or after that date in which the applicant 
     certifies that substantial investment was made prior to June 
     8, 1995, shall be deemed to be the date on which such patent 
     would have expired under the law in effect on the day 
     preceding December 8, 1994.
       (b) Marketing Generic Drugs.--The remedies of section 
     271(e)(4) of title 35, United States Code, shall not apply to 
     acts--
       (1) that were commenced, or for which a substantial 
     investment was made, prior to June 8, 1995; and
       (2) that became infringing by reason of section 154(c)(1) 
     of such title, as amended by section 532 of the Uruguay Round 
     Agreements Act (Public Law 103-465; 108 Stat. 4983).
       (c) Equitable Remuneration.--For acts described in 
     subsection (b), equitable remuneration of the type described 
     in section 154(c)(3) of title 35, United States Code, as 
     amended by section 532 of the Uruguay Round Agreements Act 
     (Public law 103-465; 108 Stat. 4983) shall be awarded to a 
     patentee only if there has been--
       (1) the commercial manufacture, use, offer to sell, or 
     sale, within the United States of an approved drug that is 
     the subject of an application described in subsection (a); or
       (2) the importation by the applicant into the United States 
     of an approved drug or of active ingredient used in an 
     approved drug that is the subject of an application described 
     in subsection (a).
       (c) Applicability.--The provisions of this section shall 
     govern--
       (1) the approval or the effective date of approval of 
     applications under section 505(b)(2), 505(j), 507, or 512(n), 
     of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355 
     (b)(2) and (j), 357, and 360b(n)) submitted on or after the 
     date of enactment of this Act; and
       (2) the approval or effective date of approval of all 
     pending applications that have not received final approval as 
     of the date of enactment of this Act.
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                           Amendment No. 3959

       At the appropriate place in the pending matter, insert the 
     following new section:

     SEC.   . SENSE OF THE SENATE FOR THE REIMBURSEMENT TO CERTAIN 
                   INDIVIDUALS FOR LEGAL EXPENSES RELATING TO THE 
                   WHITEWATER DEVELOPMENT CORPORATION 
                   INVESTIGATION.

       (a) Findings.--The Senate finds that--
       (1) the Senate Special Committee to Investigate Whitewater 
     Development Corporation and Related Matters (hereafter 
     referred to as the ``Committee'') has required depositions 
     from 213 individuals and testimony before the Committee from 
     123 individuals;
       (2) many public servants and other citizens have incurred 
     considerable legal expenses responding to requests of the 
     Committee;
       (3) many of these public servants and other citizens were 
     not involved with the Whitewater Development Corporation or 
     related matters under investigation;
       (b) Sense of the Senate.--It is the sense of the Senate 
     that--
       (1) a legal expense fund should be established to 
     compensate individuals for legal expenses incurred responding 
     to requests by the Committee; and
       (2) only those individuals who have not been named, 
     targeted, or convicted in the investigation of the 
     Independent Counsel relating to the Whitewater Development 
     Corporation should be eligible for reimbursement from the 
     fund.

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