117 HR 260 IH: Women and Climate Change Act of 2021
U.S. House of Representatives
2021-01-11
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I117th CONGRESS1st SessionH. R. 260IN THE HOUSE OF REPRESENTATIVESJanuary 11, 2021Ms. Lee of California (for herself, Mrs. Demings, Ms. Moore of Wisconsin, Ms. Schakowsky, Mr. Khanna, Ms. Barragán, Ms. Velázquez, Mr. Connolly, Mr. Panetta, Ms. Jayapal, Mr. Espaillat, Mr. Cleaver, Ms. Norton, Mr. Carson, Ms. Houlahan, Ms. Meng, Ms. Clarke of New York, Mrs. Carolyn B. Maloney of New York, Ms. Wild, Mr. Malinowski, Mr. Sherman, Ms. Roybal-Allard, Mr. Cohen, Mr. Sires, Ms. Underwood, Mr. Lowenthal, Mr. Danny K. Davis of Illinois, Mr. Blumenauer, Mr. Hastings, Mrs. Torres of California, Ms. Castor of Florida, Ms. Matsui, Ms. Jackson Lee, Mr. Pocan, Ms. Bass, Ms. Speier, and Ms. Chu) introduced the following bill; which was referred to the Committee on Foreign Affairs, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concernedA BILLTo address the disparate impact of climate change on women and support the efforts of women globally to address climate change, and for other purposes.1.Short title; table of contents(a)Short titleThis Act may be cited as the Women and Climate Change Act of 2021.(b)Table of contentsThe table of contents for this Act is as follows:Sec. 1. Short title; table of contents.Sec. 2. Findings.Sec. 3. Definitions.Sec. 4. Statement of policy.TITLE I—Strategies, Policies, and ProgramsSec. 101. Federal Interagency Working Group on Women and Climate Change.Sec. 102. Development and implementation of strategy and policies to prevent and respond to the effects of climate change on women globally.TITLE II—Oversight and AccountabilitySec. 201. Senior Coordinator for Women and Climate Change.Sec. 202. Briefing and report.2.FindingsCongress makes the following findings:(1)Women in the United States and around the world are the linchpin of families and communities and are often the first to feel the immediate and adverse effects of social, environmental, and economic stresses on their families and communities.(2)The United Nations has recognized, as one of the central organizing principles for its work, that no enduring solution to society’s most threatening social, economic and political problems can be found without the full participation, and the full empowerment, of the world’s women.(3)The United Nations Development Programme 2013 Human Development Report has found that the number of people living in extreme poverty could increase by up to 3,000,000,000 by 2050 unless environmental disasters are averted by coordinated global action.(4)Climate change is already forcing the most vulnerable communities and populations in developing countries to face unprecedented climate stress, including water scarcity and drought, as well as severe weather events and floods, which can lead to reduced agricultural productivity, food insecurity, and increased disease.(5)Climate change exacerbates issues of scarcity and lack of accessibility to primary natural resources, forest resources, and arable land for food production, thereby contributing to increased conflict and instability, as well as the workload and stresses on women farmers, who are estimated to produce 60 to 80 percent of the food in most developing countries.(6)Women will disproportionately face harmful impacts from climate change, particularly in poor and developing nations where women regularly assume increased responsibility for growing the family’s food and collecting water, fuel, and other resources.(7)Epidemics, such as malaria and zika, are expected to worsen and spread due to variations in climate, putting women (especially pregnant mothers and women who hope to become pregnant) and children without access to prevention and medical services at risk.(8)The direct and indirect effects of climate change have a disproportionate impact on marginalized women, such as environmental refugees and displaced persons, migrants, religious, racial, or ethnic minorities, adolescent girls, lesbian and trans women, women living in poverty, and women and girls with disabilities and those who are living with HIV.(9)Conflict has a disproportionate impact on the most vulnerable communities and populations, including women, and is fueled in the poorest regions of the world by harsher climates, leading to migration, refugee crises, and conflicts over scarce natural resources, including land and water.(10)Displaced, refugee, and stateless women and girls face extreme violence and threats, including—(A)being forced to exchange sex for food and humanitarian supplies;(B)being at increased risk of rape, sexual exploitation, and abuse; and(C)being at increased risk for HIV, sexually transmitted infections (STIs), unplanned pregnancy, and poor reproductive health.(11)It is predicted that climate change will lead to increasing frequency and intensity of extreme weather conditions, precipitating the occurrence of natural disasters around the globe.(12)The relocation and death of women, and especially mothers, as a result of climate-related disasters often has devastating impacts on social support networks, family ties, and the coping capacity of families and communities.(13)The ability of women to adapt to climate change is constrained by a lack of economic freedoms, property and inheritance rights, and access to financial resources, education, family planning and reproductive health, and new tools, equipment, and technology.(14)Despite having a unique capacity and knowledge to promote and provide for adaptation to climate change, women often have insufficient resources to undertake such adaptation.(15)Women are shown to have a multiplier effect because women use their income and resources, when given the necessary tools, to increase the well-being of their children and families, and thus play a critical role in reducing food insecurity, poverty, and socioeconomic effects of climate change.(16)Women are often underrepresented in the development and formulation of policy regarding mitigation and adaptation to climate change, even though women are often in the best position to provide and consult on adaptive strategies.3.DefinitionsIn this Act:(1)Appropriate congressional committeesThe term appropriate congressional committees means—(A)the Committee on Foreign Relations and the Committee on Appropriations of the Senate; and(B)the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives.(2)Climate changeThe term climate change means a change of climate that is attributed directly or indirectly to—(A)human activity; and(B)altering the composition of the global atmosphere.(3)Developing countryThe term developing country means a country classified by the World Bank as having a low-income or lower-middle-income economy.(4)Disparate impactThe term disparate impact refers to the historical and ongoing impacts of the pattern and practice of discrimination in employment, education, housing, banking, health, and nearly every other aspect of life in the economy, society, or culture that have an adverse impact on minorities, women, or other protected groups, regardless of whether such practices were motivated by discriminatory intent.(5)Environmental disastersThe term environmental disasters means specific events caused by human activity that result in seriously negative effects on the environment.(6)Environmental refugeesThe term environmental refugees means people displaced because of environmental causes, notably land loss and degradation, and natural disasters, who have left their community or country of origin.(7)Extreme povertyThe term extreme poverty means having an income level or living standard at a level of extreme deprivation based on living with income below 50 percent of the poverty line as established by the individual country at issue, or below $1.90 per day as determined by the World Bank.(8)Extreme weatherThe term extreme weather means unexpected, unusual, unpredictable, severe, or unseasonal weather that is at the extremes of the historical distribution range that has been seen in the past.(9)Federal agencyThe term Federal agency means any executive department, Government corporation, Government-controlled corporation, or other establishment in the executive branch of the Government (including the Executive Office of the President), or any independent regulatory agency.(10)Food insecurityThe term food insecurity means a lack of consistent access to food.(11)Most vulnerable communities and populationsThe term most vulnerable communities and populations means communities and populations, including women, impoverished communities, adolescent girls, people with disabilities, indigenous peoples, refugees, displaced persons, migrants, religious, racial, or ethnic minorities, lesbian and trans women, women living in poverty, women and girls with disabilities, and those who are living with HIV, who are at risk of substantial adverse impacts of climate change and have limited capacity to respond to such impacts.(12)PovertyThe term poverty means an income level and living standard insufficient to meet basic needs.4.Statement of policyIt is the policy of the United States, in partnership with affected countries, donor country governments, international financial institutions, international nongovernmental organizations, multilateral organizations, and civil society groups, especially those led by women, to combat the leading causes of climate change, mitigate the effects of climate change on women and girls, and elevate the participation of women in policy, program, and community decision-making processes with respect to climate change, by—(1)establishing the Federal Interagency Working Group on Women and Climate Change, the mission of which is to prevent and respond to the effects of climate change on women globally; and(2)implementing a coordinated, integrated, evidence-based, and comprehensive strategy on women and climate change throughout United States policies in the future.IStrategies, Policies, and Programs101.Federal Interagency Working Group on Women and Climate Change(a)EstablishmentThere is established in the Department of State a Federal Interagency Working Group on Women and Climate Change (in this Act referred to as the Working Group).(b)ChairpersonThe Senior Coordinator for Women and Climate Change designated pursuant to section 201 shall serve as the chairperson of the Working Group.(c)Membership(1)In generalThe Working Group shall be composed of one senior-level representative from each of the Federal agencies described in paragraph (2), as selected by the head of the respective agency from the senior ranks of that agency.(2)AgenciesThe agencies described in this paragraph are the following:(A)The Department of State, including—(i)the Office of Global Women’s Issues;(ii)the Office of Civil Rights;(iii)the Bureau of Oceans and International Environmental and Scientific Affairs;(iv)the Bureau of Population, Refugees, and Migration;(v)the Bureau of Democracy, Human Rights, and Labor; and(vi)the Bureau of International Organization Affairs.(B)The United States Agency for International Development.(C)The Centers for Disease Control and Prevention.(D)The Environmental Protection Agency.(E)The National Oceanic and Atmospheric Administration.(F)The National Institutes of Health.(G)The National Science Foundation.(H)The Council on Environmental Quality.(I)Such other agencies as may be designated by the Senior Coordinator for Women and Climate Change.(d)FunctionsThe Working Group shall—(1)coordinate and integrate the development of all policies and activities of the Federal Government across all agencies relating to—(A)combating the effects of climate change on women in the national and international sphere; and(B)improving the response and strategy of the Federal Government to fight climate change for the security of the United States and the international community;(2)allow each member of the Working Group to act as a representative for the Working Group within the Federal department or agency of such member to facilitate implementation of the Working Group policies within such department or agency;(3)ensure that all relevant Federal departments or agencies comply with appropriate guidelines, policies, and directives from the Working Group, the Department of State, and other Federal departments or agencies with responsibilities relating to climate change;(4)ensure that Federal departments or agencies, State governments, and relevant congressional committees, in consultation with nongovernmental organizations and policy experts in the field and State and local government officials who administer or direct policy for programs relating to climate change and women—(A)have access to, receive, and appropriately disseminate best practices in the administration of such programs;(B)have adequate resources to maximize the public awareness of such programs;(C)increase the reach of such programs;(D)share relevant data; and(E)issue relevant guidance; and(5)identify and disseminate best practices for improved collection on the part of each Federal department or agency of data relevant to the disparate impact of climate change on women, including in—(A)unpaid care work;(B)community advocacy, activism, and representation;(C)women’s and girls’ access to education;(D)access to comprehensive health care, including reproductive health and rights;(E)desertification and food insecurity;(F)community infrastructure, multilevel Government adaptability, and climate resilience;(G)climate and weather-related crisis response, including safety from gender-based violence; and(H)women’s involvement and leadership in the development of frameworks and policies for climate resilience.(e)ConsultationThe Working Group may consult and obtain recommendations from such independent nongovernmental policy experts, State and local government officials, independent groups and organizations, or other groups or organizations as the Senior Coordinator for Women and Climate Change determines will assist in carrying out the mission of the Working Group.(f)Frequency of meetingsThe Working Group shall—(1)meet not less frequently than once each quarter to discuss and develop policies, projects, and programs; and(2)meet with the Senior Coordinator for Women and Climate Change not less frequently than once each month to report on and discuss implementation of such policies, projects, and programs.102.Development and implementation of strategy and policies to prevent and respond to the effects of climate change on women globally(a)Initial strategy requiredNot later than 180 days after the date of the enactment of this Act, the Senior Coordinator for Women and Climate Change and the Ambassador-at-Large for the Office of Global Women’s Issues of the Department of State, in consultation with the Working Group, shall develop and submit to the appropriate congressional committees a United States National and International Strategy to prevent and respond to the effects of climate change on women.(b)ContentsThe strategy submitted under subsection (a) shall include—(1)recognizing the disparate impacts of climate change on women and the efforts of women globally to address climate change;(2)taking effective action—(A)to prevent and respond to climate change and mitigate the effects of climate change on women around the world; and(B)to promote gender equality, economic growth, public health, racial justice, and human rights;(3)implementing the United Nations Sustainable Development Goals listed in subsection (f), through and beyond 2030, as part of the strategy to prevent and respond to the effects of climate change on women globally;(4)implementing balanced gender participation to avoid reinforcing binary roles, especially among individuals from the communities most impacted, in climate change adaptation and mitigation efforts, including in governance and diplomatic positions within the United States Government;(5)working at the local, national, and international levels, including with individuals, families, and communities, to prevent and respond to the effects of climate change on women;(6)systematically integrating and coordinating efforts to prevent and respond to the effects of climate change on women internationally into United States foreign policy and foreign assistance programs;(7)investing in research on climate change through appropriate Federal departments or agencies and funding of university and independent research groups on the various causes and effects of climate change;(8)developing and implementing gender-sensitive frameworks in policies to address climate change that account for the specific impacts of climate change on women;(9)developing policies to support women who are particularly vulnerable to the impacts of climate change to prepare for, build their resilience to, and adapt to such impacts, including a commitment to increase education and training opportunities for women to develop local resilience plans to address the effects of climate change;(10)developing and investing in programs for the education and empowerment of women and girls in the United States and across the global community, including to gather information on how climate change is affecting their lives and for guidance on the needs of their families and communities in the face of climate change, in coordination with the diplomatic missions of other countries;(11)consulting with representatives of civil society, including nongovernmental organizations, community and faith-based organizations, multilateral organizations, local and international civil society groups, and local climate change organizations and their beneficiaries, that have demonstrated experience in preventing and responding to the effects of climate change on women;(12)supporting and building local capacity in developing countries, including with respect to governments at all levels and nongovernmental organizations (especially women-led), to prevent and respond to the effects of climate change on women;(13)developing programs to empower women in communities to have a voice in the planning, design, implementation, and evaluation of strategies to address climate change so that their roles and resources are taken into account;(14)including women in economic development planning, policies, and practices that directly improve conditions that result from climate change;(15)integrating a gender approach in all policies and programs in the United States that are globally related to climate change; and(16)ensuring that such policies and programs support women globally to prepare for, build resilience for, and adapt to, climate change.(c)UpdatesThe Senior Coordinator for Women and Climate Change shall—(1)consult with the Working Group to collect information and feedback; and(2)update the strategy and programs to prevent and respond to the effects of climate change on women globally, as the Senior Coordinator for Women and Climate Change considers appropriate.(d)Implementation plan and budget requiredNot later than 60 days after the date of the submittal of the strategy under subsection (a), the Senior Coordinator for Women and Climate Change shall submit to the appropriate congressional committees an implementation plan and budget for the strategy.(e)Assistance and consultationThe Senior Coordinator for Women and Climate Change shall assist and provide consultation to the Secretary of State in preventing and responding to the effects of climate change on women globally.(f)United Nations Sustainable Development Goals through and beyond 2030The United Nations Sustainable Development Goals listed in this subsection are the following:(1)Ending poverty in all its forms everywhere.(2)Ending hunger, achieving food security and improved nutrition, and promoting sustainable agriculture.(3)Ensuring healthy lives and promoting well-being for all and at all ages.(4)Ensuring inclusive, equitable, and quality education and promoting lifelong learning opportunities for all.(5)Achieving gender equality and empowering all women and girls.(6)Ensuring the availability and sustainable management of water and sanitation for all.(7)Ensuring access to affordable, reliable, sustainable, and modern energy for all.(8)Promoting sustained, inclusive, and sustainable economic growth, full and productive employment, and decent work for all.(9)Building resilient infrastructure, promoting inclusive and sustainable industrialization, and fostering innovation.(10)Reducing inequality within and among countries.(11)Making cities and human settlements inclusive, safe, resilient, and sustainable.(12)Ensuring sustainable consumption and production patterns.(13)Taking urgent action to combat climate change and its impacts.(14)Conserving and sustainably using the oceans, seas, and marine resources for sustainable development.(15)Protecting, restoring, and promoting sustainable use of terrestrial ecosystems, sustainably managing forests, combating desertification, and halting and reversing land degradation and biodiversity loss.(16)Promoting peaceful and inclusive societies for sustainable development, providing access to justice for all, and building effective, accountable and inclusive institutions at all levels.(17)Strengthening the means of policy implementation and revitalizing the global partnership for sustainable development.IIOversight and Accountability201.Senior Coordinator for Women and Climate Change(a)EstablishmentThe Ambassador-at-Large of the Office of Global Women’s Issues of the Department of State shall designate an individual to serve as a Senior Advisor, or equivalent role, who shall serve concurrently as the Senior Coordinator for Women and Climate Change.(b)DutiesThe Senior Coordinator for Women and Climate Change shall—(1)direct the activities, policies, programs, and funding of the Department of State relating to the effects of climate change on women, including with respect to efforts to prevent and respond to those effects;(2)advise the Secretary of State, the relevant heads of other Federal departments and independent agencies, and other entities within the Executive Office of the President, regarding the establishment of—(A)policies, goals, objectives, and priorities for addressing and combating the effects of climate change on women; and(B)mechanisms to improve the effectiveness, coordination, impact, and outcomes of programs relating to addressing and combating the effects of climate change on women, in coordination with experts in the field, nongovernmental organizations, and foreign governments; and(3)identify and assist in the resolution of any disputes that arise between Federal agencies relating to policies and programs to address and combat the effects of climate change on women or other matters within the responsibility of the Office of Global Women’s Issues.(c)ReportingThe Senior Coordinator for Women and Climate Change shall report to the Ambassador-at-Large for the Office of Global Women’s Issues and the Secretary of State.202.Briefing and reportNot later than 180 days after the date of the enactment of this Act, and annually thereafter, the Ambassador-at-Large and the Senior Coordinator for Women and Climate Change shall jointly—(1)brief the appropriate congressional committees on—(A)the effects of climate change on women; and(B)the prevention and response strategies, programming, and associated outcomes with respect to climate change; and(2)submit to the appropriate congressional committees an assessment of the human and financial resources necessary to fulfill the purposes of and carry out this Act.


116 HR 1506 IH: Fair And Immediate Release of Generic Drugs Act
U.S. House of Representatives
2019-03-05
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS1st SessionH. R. 1506IN THE HOUSE OF REPRESENTATIVESMarch 5, 2019Ms. Barragán introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such
			 provisions as fall within the jurisdiction of the committee concernedA BILLTo amend the Federal Food, Drug, and Cosmetic Act to ensure that valid generic drugs may enter the
			 market.

 1.Short titleThis Act may be cited as the Fair And Immediate Release of Generic Drugs Act or the FAIR Generics Act. 2.180-Day exclusivity period amendments regarding first applicant status (a)Amendments to Federal Food, Drug, and Cosmetic Act (1)In generalSection 505(j)(5)(B) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(5)(B)) is amended—
 (A)in clause (iv)(II)— (i)by striking item (bb); and
 (ii)by redesignating items (cc) and (dd) as items (bb) and (cc), respectively; and (B)by adding at the end the following:

 (v)First applicant definedAs used in this subsection, the term first applicant means an applicant— (I) (aa)that, on the first day on which a substantially complete application containing a certification described in paragraph (2)(A)(vii)(IV) is submitted for approval of a drug, submits a substantially complete application that contains and lawfully maintains a certification described in paragraph (2)(A)(vii)(IV) for the drug; and
 (bb)that has not entered into a disqualifying agreement described under clause (vii)(II); or (II) (aa)for the drug that is not described in subclause (I) and that, with respect to the applicant and drug, each requirement described in clause (vi) is satisfied; and
 (bb)that has not entered into a disqualifying agreement described under clause (vii)(II). (vi)RequirementThe requirements described in this clause are the following:
 (I)The applicant described in clause (v)(II) submitted and lawfully maintains a certification described in paragraph (2)(A)(vii)(IV) or a statement described in paragraph (2)(A)(viii) for each unexpired patent for which a first applicant described in clause (v)(I) had submitted a certification described in paragraph (2)(A)(vii)(IV) on the first day on which a substantially complete application containing such a certification was submitted.
 (II)With regard to each such unexpired patent for which the applicant described in clause (v)(II) submitted a certification described in paragraph (2)(A)(vii)(IV), no action for patent infringement was brought against such applicant within the 45-day period specified in paragraph (5)(B)(iii); or if an action was brought within such time period, such an action was withdrawn or dismissed by a court (including a district court) without a decision that the patent was valid and infringed; or if an action was brought within such time period and was not withdrawn or so dismissed, such applicant has obtained the decision of a court (including a district court) that the patent is invalid or not infringed (including any substantive determination that there is no cause of action for patent infringement or invalidity, and including a settlement order or consent decree signed and entered by the court stating that the patent is invalid or not infringed).
 (III)If an applicant described in clause (v)(I) has begun commercial marketing of such drug, the applicant described in clause (v)(II) does not begin commercial marketing of such drug until the date that is 30 days after the date on which the applicant described in clause (v)(I) began such commercial marketing..
 (2)Conforming amendmentSection 505(j)(5)(D)(i)(IV) of such Act (21 U.S.C. 355(j)(5)(D)(i)(IV)) is amended by striking The first applicant and inserting The first applicant, as defined in subparagraph (B)(v)(I),. (b)ApplicabilityThe amendments made by subsection (a) shall apply only with respect to an application filed under section 505(j) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)) to which the amendments made by section 1102(a) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108–173) apply.
			3.180-Day exclusivity period amendments regarding agreements to defer commercial marketing
			(a)Amendments to Federal Food, Drug, and Cosmetic Act
 (1)Limitations on agreements to defer commercial marketing dateSection 505(j)(5)(B) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(5)(B)), as amended by section 2, is further amended by adding at the end the following:

						(vii)Agreement by first applicant to defer commercial marketing; limitation on acceleration of deferred
			 commercial marketing date
 (I)Agreement to defer approval or commercial marketing dateAn agreement described in this subclause is an agreement between a first applicant and the holder of the application for the listed drug or an owner of one or more of the patents as to which any applicant submitted a certification qualifying such applicant for the 180-day exclusivity period whereby that applicant agrees, directly or indirectly, (aa) not to seek an approval of its application that is made effective on the earliest possible date under this subparagraph, subparagraph (F) of this paragraph, section 505A, or section 527, (bb) not to begin the commercial marketing of its drug on the earliest possible date after receiving an approval of its application that is made effective under this subparagraph, subparagraph (F) of this paragraph, section 505A, or section 527, or (cc) to both items (aa) and (bb).
 (II)Agreement that disqualifies applicant from first applicant statusAn agreement described in this subclause is an agreement between an applicant and the holder of the application for the listed drug or an owner of one or more of the patents as to which any applicant submitted a certification qualifying such applicant for the 180-day exclusivity period whereby that applicant agrees, directly or indirectly, not to seek an approval of its application or not to begin the commercial marketing of its drug until a date that is after the expiration of the 180-day exclusivity period awarded to another applicant with respect to such drug (without regard to whether such 180-day exclusivity period is awarded before or after the date of the agreement).
 (viii)Limitation on accelerationIf an agreement described in clause (vii)(I) includes more than 1 possible date when an applicant may seek an approval of its application or begin the commercial marketing of its drug—
 (I)the applicant may seek an approval of its application or begin such commercial marketing on the date that is the earlier of—
 (aa)the latest date set forth in the agreement on which that applicant can receive an approval that is made effective under this subparagraph, subparagraph (F) of this paragraph, section 505A, or section 527, or begin the commercial marketing of such drug, without regard to any other provision of such agreement pursuant to which the commercial marketing could begin on an earlier date; or
 (bb)180 days after another first applicant begins commercial marketing of such drug; and (II)the latest date set forth in the agreement on which that applicant can receive an approval that is made effective under this subparagraph, subparagraph (F) of this paragraph, section 505A, or section 527, or begin the commercial marketing of such drug, without regard to any other provision of such agreement pursuant to which commercial marketing could begin on an earlier date, shall be the date used to determine whether an applicant is disqualified from first applicant status pursuant to clause (vii)(II)..
 (2)Notification of FDASection 505(j) of such Act (21 U.S.C. 355(j)) is amended by adding at the end the following:  (11) (A)The holder of an abbreviated application under this subsection shall submit to the Secretary a notification that includes—
								(i)
 (I)the text of any agreement entered into by such holder described under paragraph (5)(B)(vii)(I); or (II)if such an agreement has not been reduced to text, a written detailed description of such agreement that is sufficient to disclose all the terms and conditions of the agreement; and
 (ii)the text, or a written detailed description in the event of an agreement that has not been reduced to text, of any other agreements that are contingent upon, provide a contingent condition for, or are otherwise related to an agreement described in clause (i).
 (B)The notification described under subparagraph (A) shall be submitted not later than 10 business days after execution of the agreement described in subparagraph (A)(i). Such notification is in addition to any notification required under section 1112 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003.
 (C)Any information or documentary material filed with the Secretary pursuant to this paragraph shall be exempt from disclosure under section 552 of title 5, United States Code, and no such information or documentary material may be made public, except as may be relevant to any administrative or judicial action or proceeding. Nothing in this paragraph is intended to prevent disclosure to either body of the Congress or to any duly authorized committee or subcommittee of the Congress..
 (3)Prohibited actsSection 301(e) of such Act (21 U.S.C. 331(e)) is amended by striking 505 (i) or (k) and inserting 505 (i), (j)(11), or (k). (b)Infringement of patentSection 271(e) of title 35, United States Code, is amended by adding at the end the following:

 (7)The exclusive remedy under this section for an infringement of a patent for which the Secretary of Health and Human Services has published information pursuant to subsection (b)(1) or (c)(2) of section 505 of the Federal Food, Drug, and Cosmetic Act shall be an action brought under this subsection within the 45-day period described in subsection (j)(5)(B)(iii) or (c)(3)(C) of section 505 of the Federal Food, Drug, and Cosmetic Act..
			(c)Applicability
 (1)Limitations on acceleration of deferred commercial marketing dateThe amendment made by subsection (a)(1) shall apply only with respect to— (A)an application filed under section 505(j) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)) to which the amendments made by section 1102(a) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108–173) apply; and
 (B)an agreement described under section 505(j)(5)(B)(vii)(I) of the Federal Food, Drug, and Cosmetic Act (as added by subsection (a)(1)) executed after the date of enactment of this Act.
 (2)Notification of FDAThe amendments made by paragraphs (2) and (3) of subsection (a) shall apply only with respect to an agreement described under section 505(j)(5)(B)(vii)(I) of the Federal Food, Drug, and Cosmetic Act (as added by subsection (a)(1)) executed after the date of enactment of this Act.


114 HR 2252 IH: Emmett Till and Mamie Till-Mobley Congressional Gold Medal Act of 2021
U.S. House of Representatives
2021-03-26
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I117th CONGRESS1st SessionH. R. 2252IN THE HOUSE OF REPRESENTATIVESMarch 26, 2021Mr. Rush (for himself and Mr. Bacon) introduced the following bill; which was referred to the Committee on Financial Services, and in addition to the Committee on House Administration, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concernedA BILLTo award posthumously the Congressional Gold Medal to Emmett Till and Mamie Till-Mobley.1.Short titleThis Act may be cited as the Emmett Till and Mamie Till-Mobley Congressional Gold Medal Act of 2021.2.FindingsCongress finds the following:(1)The brutal lynching of Emmett Till and the subsequent bravery and boldness of his mother, Mamie Till-Mobley, became a catalyst for the civil rights movement.(2)On August 28, 1955, 14-year-old Emmett Till was kidnapped, beaten, and shot in Money, Mississippi, where he had traveled from Chicago to stay with his great uncle, Moses Wright.(3)The corpse of Emmett Till was discovered 3 days later in the Tallahatchie River and his murderers were acquitted despite Moses Wright providing an eyewitness testimony that the men on trial kidnapped Emmett Till.(4)Mamie Till-Mobley, the mother of Emmett Till, demonstrated her love for her son and her courage and strength in suffering in the days that followed as she brought the body of Emmett Till back to Chicago for burial and demanded an open casket funeral, which drew more than 50,000 attendees.(5)Mamie Till-Mobley further allowed a photograph to be taken of Emmett Till in his casket, which was shown throughout the world.(6)The original casket of Emmett Till stands on display at the National Museum of African American History and Culture as an enduring reminder of the racial violence that is a part of the history of the United States that the people of the United States must confront.(7)The heroic actions of Mamie Till-Mobley in the midst of evil, injustice, and grief became a catalyst for the civil rights movement and continued in the years to come as she worked for justice and honored the legacy of Emmett Till.(8)Mamie Till-Mobley went on to create the Emmett Till Players, which was a significant national cultural contribution as teenagers traveled throughout the country presenting Martin Luther King, Jr., speeches in the name of Emmett Till.(9)Mamie Till-Mobley also served as chair and co-founder of the Emmett Till Justice Campaign, which had the dual mission of reopening the murder of Emmett Till for a reinvestigation and a passage into law of Federal legislation to ensure that other racially motivated murders during the civil rights era were investigated and, when possible, prosecuted.(10)The efforts of the Emmett Till Justice Campaign led to the successful joint investigation by the State of Mississippi, the Federal Bureau of Investigation, and the Department of Justice in 2004, the passage of the Emmett Till Unsolved Civil Rights Crime Act of 2007 (Public Law 110–344; 122 Stat. 3934), signed into law by President George W. Bush, and the Emmett Till Unsolved Civil Rights Crimes Reauthorization Act of 2016 (Public Law 114–325; 130 Stat. 1965), signed into law by President Barack Obama.(11)The people of the United States honor the legacy of Emmett Till and the incredible suffering and equally incredible courage, resilience, and efforts of Mamie Till-Mobley that led to the civil rights movement that began in the 1950s.3.Congressional gold medal(a)Presentation authorizedThe Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the posthumous presentation, on behalf of Congress, of a gold medal of appropriate design in commemoration of Emmett Till and Mamie Till-Mobley.(b)Design and strikingFor purposes of the presentation referred to in subsection (a), the Secretary of the Treasury (referred to in this Act as the Secretary) shall strike a gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary.(c)Award of medal(1)In generalAfter the award of the gold medal referred to in subsection (a), the gold medal shall be given to the National Museum of African American History and Culture, where it shall be displayed as appropriate.(2)Sense of congressIt is the sense of Congress that the National Museum of African American History and Culture should make the gold medal received under paragraph (1) available for display elsewhere, particularly at other locations and events associated with Emmett Till and Mamie Till-Mobley.4.Duplicate medalsUnder such regulations as the Secretary may prescribe, the Secretary may strike and sell duplicates in bronze of the gold medal struck under section 3, at a price sufficient to cover the costs of the medals, including labor, materials, dies, use of machinery, and overhead expenses.5.Status of medals(a)National medalsMedals struck under this Act are national medals for purposes of chapter 51 of title 31, United States Code.(b)Numismatic itemsFor purposes of section 5134 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items.


		IIB
		112th CONGRESS
		2d Session
		H. R. 5797
		IN THE SENATE OF THE UNITED
		  STATES

			August 2, 2012
			Received; read twice and referred to the
			 Committee on Commerce, Science, and
			 Transportation

		AN ACT
		To exempt the owners and operators of
		  vessels operating on Mille Lacs Lake, Minnesota, from certain Federal
		  requirements.

		1. Short titleThis Act may be cited as the
			 Mille Lacs Lake Freedom To Fish Act of
			 2012.
		2.Mille Lacs Lake,
			 MinnesotaNotwithstanding any
			 other provision of law, the owner or operator of a vessel operating on Mille
			 Lacs Lake, Minnesota, shall not, with respect to such vessel, be subject to any
			 Federal requirement under subtitle II of title 46, United States Code, relating
			 to licensing or vessel inspection.

			Passed the House of
			 Representatives August 1, 2012.
			Karen L. Haas,
			Clerk


		IV
		112th CONGRESS
		1st Session
		H. RES. 449
		IN THE HOUSE OF REPRESENTATIVES

			October 25, 2011
			Ms. Norton submitted
			 the following resolution; which was referred to the
			 Committee on Oversight and Government
			 Reform

		RESOLUTION
		Honoring the lives, work, and sacrifice of
		  Joseph Curseen, Jr., and Thomas Morris, Jr., the two United States Postal
		  Service employees and Washington, DC, natives who died as a result of their
		  contact with anthrax while working at the United States Postal Facility located
		  at 900 Brentwood Road, NE, Washington, DC, during the anthrax attack in the
		  fall of 2001.

		Whereas the founders of the United States, recognizing the
			 importance of a national system of mail to the new country, gave Congress the
			 constitutional authority To establish post offices and post
			 roads;
		Whereas employees of the United States Postal Service
			 provide an invaluable public service and honorably represent the United States
			 on a daily basis;
		Whereas Joseph P. Curseen, Jr., and Thomas L. Morris, Jr.,
			 both natives of Washington, DC, diligently and admirably served the Nation for
			 decades as employees of the United States Postal Service;
		Whereas in the fall of 2001, during the course of their
			 jobs with the United States Postal Service, Joseph Curseen, Jr., and Thomas
			 Morris, Jr., were exposed to letters containing anthrax that were placed in the
			 mail and subsequently suffered from the inhalation of anthrax and thereafter
			 died;
		Whereas 5 individuals in the United States died from
			 exposure to anthrax during the 2001 anthrax attacks and 17 became sick in the
			 worst biological attack in the Nation’s history; and
		Whereas in 2002, the United States Postal Service facility
			 located at 900 Brentwood Road, NE, Washington, DC, was designated as the
			 Joseph Curseen, Jr. and Thomas Morris, Jr. Processing and Distribution
			 Center by Public Law 107–225: Now, therefore, be it

		That the House of Representatives honors
			 the lives and work of Joseph Curseen, Jr., and Thomas Morris, Jr., and
			 acknowledges the sacrifice that they made on behalf of the United
			 States.


113 S2397 IS: Federal Adjustment of Income Rates Act of 2014
U.S. Senate
2014-05-22
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		II
		113th CONGRESS
		2d Session
		S. 2397
		IN THE SENATE OF THE UNITED STATES

			May 22, 2014
			Mr. Schatz (for himself and Mr. Cardin) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs

		A BILL
		To increase the rates of pay under the General Schedule and other statutory pay systems and for
			 prevailing rate employees by 3.3 percent, and for other purposes.

			1.
			Short title
			This Act may be cited as the Federal Adjustment of Income Rates Act of 2014 or the FAIR Act.

			2.
			Adjustment to rates of pay(a)Statutory pay systemsThe adjustment in rates of basic pay for employees under the statutory pay systems (as defined in
			 section 5302 of title 5, United States Code) that takes effect in fiscal
			 year 2015 under section 5303 of title 5, United States Code, shall be an
			 increase of 3.3 percent, and such adjustments shall be effective as of the
			 first day of the first applicable pay period beginning on or after January
			 1, 2015.(b)Prevailing rate employeesThe adjustment in rates of basic pay for the statutory pay systems that take place in fiscal year
			 2015 under sections 5344 and 5348 of title 5, United States Code, shall be
			 equal to  the percentage adjustment received by employees in the same
			 location whose rates of basic pay are adjusted pursuant to the statutory
			 pay systems under subsection (a) of this section and 5304 of title 5,
			 United States	Code.  Prevailing rate employees at locations where there
			 are no employees whose pay is increased pursuant to sections 5303 and 5304
			 of title  5 and prevailing rate employees described in section 5343(a)(5)
			 of title 5, United States Code, shall be considered to be located in the
			 pay locality designated as Rest of US pursuant to section 5304 of title 5, United States Code, for purposes of this subsection.


116 HR 3741 IH: National Center for the Right to Counsel Act
U.S. House of Representatives
2019-07-12
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS1st SessionH. R. 3741IN THE HOUSE OF REPRESENTATIVESJuly 12, 2019Mr. Deutch introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such
			 provisions as fall within the jurisdiction of the committee concernedA BILLTo establish the National Center for the Right to Counsel.

 1.Short titleThis Act may be cited as the National Center for the Right to Counsel Act. 2.FindingsCongress finds the following:
 (1)The Sixth Amendment to the Constitution of the United States provides that In all criminal prosecutions, the accused shall enjoy the right to … have the Assistance of Counsel for his defense..
 (2)In Gideon v. Wainwright, 372 U.S. 335 (1963), the United States Supreme Court held that the States were required to provide counsel for indigent defendants in all felony cases.
 (3)In Argersinger v. Hamlin, 407 U.S. 25 (1972), the United States Supreme Court held that indigent defendants are entitled to court-appointed counsel in any case that leads to actual imprisonment.
 (4)For more than 50 years, the States and local governments have been struggling to satisfy this mandate.
 3.DefinitionsIn this Act: (1)The term Board means the Board of Directors of the National Center for the Right to Counsel.
 (2)The term Center means the National Center for the Right to Counsel established in this Act. (3)The term indigent defendant means a defendant in a criminal case who is unable to afford a reasonable attorney’s fee in the case against such person.
 (4)The term public defense services means legal assistance provided to an indigent defendant in a criminal case against such person. (5)The term public defense system means a system that provides public defense services, and includes a system that is run by a State or local unit of government, and a system that is run by a private entity or individual that provides such services by reason of a contract with a State or local unit of government.
 (6)The term State means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.
			4.Establishment of Center
 (a)In generalThere is established in the District of Columbia a private nonmembership nonprofit corporation, which shall be known as the National Center for the Right to Counsel, for the purpose of—
 (1)providing financial support to supplement, not supplant, funding for public defense systems; and (2)providing financial and substantive support for training programs that aim to improve the delivery of legal services to indigent defendants.
 (b)Principal office; agent for service of processThe Center shall maintain its principal office in the District of Columbia and shall maintain therein a designated agent to accept service of process for the Center. Notice to or service upon the agent shall be deemed notice to or service upon the Center.
 (c)Status of Center under tax lawsThe Center shall be eligible to be treated as an organization described in section 170(c)(2)(B) of the Internal Revenue Code of 1986 and as an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 which is exempt from taxation under section 501(a) of such Code. If such treatments are conferred in accordance with the provisions of such Code, the Center shall be subject to all provisions of such Code relevant to the conduct of organizations exempt from taxation.
			5.Governing body
 (a)Board of directors establishedThe Center shall have a Board of Directors consisting of 9 voting members appointed by the President, by and with the advice and consent of the Senate. The President shall make such nominations not later than 60 days after the date of the enactment of this Act.
 (b)Qualifications of membersThe members shall be qualified as follows: (1)A majority of the members shall be members of the bar of the highest court of any State.
 (2)One member shall have been an indigent defendant who received public defense services from a public defense system.
 (3)The members, except for the member described in paragraph (2), shall have— (A)significant experience in the legal defense of criminal cases;
 (B)demonstrated a commitment to quality indigent defense representation; or (C)demonstrated a commitment to working with and advocating for the population served by the Center.
					(c)Terms
 (1)In generalThe term of a member shall be 5 years, except as provided in paragraphs (2) and (4). (2)First termsAs designated by the President at the time of appointment, of the members first appointed—
 (A)three shall be appointed for terms of 2 years; (B)three shall be appointed for terms of 3 years; and
 (C)three shall be appointed for terms of 4 years. (3)ReappointmentNo member may be reappointed to more than two consecutive terms immediately following such member’s initial term.
 (4)VacanciesAny member appointed to fill a vacancy occurring before the expiration of the term for which the member’s predecessor was appointed shall be appointed only for the remainder of that term. A member may serve after the expiration of that member’s term until a successor has taken office. A vacancy in the Board shall be filled in the manner in which the original appointment was made.
 (5)Removal for causeA member of the Board may be removed by the President for malfeasance in office, for persistent neglect of or inability to discharge duties, or for offenses involving moral turpitude, and for no other cause.
 (d)Members not officers or employees of a governmentThe members of the Board shall not, by reason of such membership, be deemed officers or employees of the Federal Government, a State government, local government, or any law enforcement agency.
 (e)ChairmanThe President shall select a chairman from among the initial members to serve for a period of two years. Thereafter, the chairman shall be elected annually by the members.
			(f)Conflict of interest
 (1)In generalNo member of the Board, member of a State advisory council, or employee of a regional backup service center may participate in any decision, action, or recommendation with respect to any matter which directly benefits such member or employee or pertains specifically to any firm or organization with which such member or employee is then associated or has been associated within a period of two years.
 (2)Disclosure and recusalIn the event of a conflict of interest described in paragraph (1), the member of the Board, member of a State advisory council, or employee of a regional backup service center who has a conflict shall disclose the interest that the member or employee has in the matter, subject to applicable attorney-client privilege, to the Board, and—
 (A)in the case of a member of a State advisory council, to that council; or (B)in the case of an employee of a regional backup service center, to that center.
 (3)Written policyThe Center shall adopt a written policy to ensure that paragraphs (1) and (2) are carried out. (g)State advisory councils (1)In general; appointment of membersEach State shall have a State advisory council composed of 9 members, appointed not later than 90 days after the first meeting of the Board as follows:
 (A)Three members appointed by the Chief Justice of the highest court of the State. (B)Three members appointed by the United States Senators for the State, or in the case of a State that does not have Senators, appointed by the Member of the United States House of Representatives for that State.
 (C)Three members appointed by the chief executive of the State. (2)Failure to appointIf 90 days have elapsed without such an advisory council appointed pursuant to paragraph (1), the Board is authorized to appoint such a council, or such remaining unappointed members of the council, from among the individuals recommended by the State bar association.
 (3)Qualifications of membersThe members of the advisory council shall be subject to the qualifications under subsection (b), and shall be made from among recommendations made by the State bar association, in collaboration with the Access to Justice Initiative of the Department of Justice.
 (4)Terms; vacanciesThe term of a member of a State advisory council shall be 4 years. A member may serve after the expiration of that member’s term until a successor member takes office. A vacancy on the council shall be filled in the manner described in paragraph (2).
 (5)PowersEach State advisory council shall— (A)monitor, receive, and investigate complaints regarding the compliance of public defense systems in that State that receive funding under this Act with the provisions of this Act and applicable rules, regulations, and guidelines promulgated pursuant to this Act;
 (B)notify the Center of any apparent violation of the provisions of this Act and applicable rules, regulations, and guidelines promulgated pursuant to this Act, and furnish a copy of the notification to any recipient affected thereby, and the Center shall allow such recipient a reasonable time (but in no case less than 30 days) to reply to any allegation contained in the notification;
 (C)collect information and data on the delivery of public defense services in that State; and (D)facilitate the sharing of information between public defense systems in that State.
 (6)StaffEach State advisory council may appoint additional personnel as it considers appropriate in order to carry out paragraph (5)(A).
 (7)ReportBeginning on the date that is one year after a State advisory council has its first meeting, and annually thereafter, a State advisory council shall submit to the Center a report that includes—
 (A)an assessment on the provision of public defense services in that State; and (B)recommendations on actions that the Center could take to—
 (i)enhance compliance of public defense systems in that State that receive funding under this Act with the provisions of this Act and applicable rules, regulations, and guidelines promulgated pursuant to this Act; and
 (ii)improve the delivery of public defense services in that State. (h)Open meetings; applicability of Government in the Sunshine provisionsAll meetings of the Board, of any executive committee of the Board, and of any advisory council established in connection with this Act shall be open and shall be subject to the requirements and provisions of section 552b of title 5, United States Code (relating to open meetings).
 (i)Quarterly meetingsThe Board shall meet at least 4 times during each calendar year. 6.Officers and employees (a)Executive Director and other officersThe Board shall appoint the Executive Director of the Center, who shall be a member of the bar of the highest court of a State and shall be a nonvoting ex officio member of the Board, and such other officers as the Board determines necessary. No officer of the Center may receive any salary or other compensation for services from any source other than the Center during his period of employment by the Center, except as authorized by the Board. All officers shall serve at the pleasure of the Board.
 (b)Appointment and removal of employeesThe Executive Director of the Center, subject to general policies established by the Board, may appoint and remove such employees of the Center as the Executive Director determines necessary to carry out the purposes of the Center.
 (c)Nonpartisan appointmentsNo political test or political qualification shall be used in selecting, appointing, promoting, or taking any other personnel action with respect to any officer, agent, or employee of the Center or of any recipient, or in selecting or monitoring any grantee, contractor, or person or entity receiving financial assistance under this title.
 (d)CompensationOfficers and employees of the Center shall be compensated at rates determined by the Board, but not in excess of the rate of level V of the Executive Schedule specified in section 5316 of title 5, United States Code.
			(e)Officers and employees not deemed officers and employees of Federal Government
 (1)In generalExcept as otherwise specifically provided in this Act, officers and employees of the Center shall not be considered officers or employees, and the Center shall not be considered a department, agency, or instrumentality, of the Federal Government.
 (2)ExceptionsOfficers and employees of the Center shall be considered officers and employees of the Federal Government for purposes of the following provisions of title 5, United States Code: subchapter I of chapter 81 (relating to compensation for work injuries); chapter 83 (relating to civil service retirement); chapter 87 (relating to life insurance); and chapter 89 (relating to health insurance). The Center shall make contributions at the same rates applicable to agencies of the Federal Government under the provisions referred to in this subsection.
 (3)Freedom of InformationThe Center and its officers and employees shall be subject to the provisions of section 552 of title 5, United States Code (relating to freedom of information).
 (4)Office of Management and BudgetNothing in this Act shall be construed as limiting the authority of the Office of Management and Budget to review and submit comments upon the Center's annual budget request at the time it is transmitted to the Congress.
				7.Powers, duties, and limitations
 (a)Powers of nonprofit corporationTo the extent consistent with the provisions of this Act, the Center shall exercise the powers conferred upon a nonprofit corporation by the District of Columbia Nonprofit Corporation Act (except for section 1005(o) of title 29 of the District of Columbia Code).
 (b)Grant and contract powerThe Center is authorized— (1)for the purpose of providing public defense services to indigent defendants, to provide financial assistance to and to make grants and contracts with individuals, partnerships, firms, corporations, nonprofit organizations, public defense systems, State governments, and local governments; and
 (2)to make such other grants and contracts as are necessary to carry out the purposes and provisions of this Act.
 (c)Power To accept money and propertyThe Center is authorized to accept, in the name of the Center, and employ or dispose of in furtherance of the purposes of this Act, any money or property, real, personal, or mixed, tangible or intangible, received by gift, devise, bequest, or otherwise.
 (d)Other powers relating to the provision of public defense servicesThe Center is authorized to undertake directly, or by grant or contract, the following activities relating to the delivery of public defense services—
 (1)research; (2)training and technical assistance; and
 (3)to serve as a clearinghouse for information. (e)Disciplinary powers (1)CenterThe Center shall have authority to ensure the compliance of recipients and their employees with the provisions of this Act and the rules, regulations, and guidelines promulgated pursuant to this Act, and to terminate, after a hearing in accordance with section 11, financial support to a recipient which fails to comply.
 (2)RecipientIf a recipient finds that any of its employees has violated or caused the recipient to violate the provisions of this Act, or the rules, regulations, and guidelines promulgated pursuant to this Act, the recipient shall take appropriate remedial or disciplinary action in accordance with the types of procedures prescribed in the provisions of section 11.
 (f)Interference with professional responsibilities of attorneys prohibitedThe Center shall not, under any provision of this Act, interfere with any attorney in carrying out such attorney’s professional responsibilities to such attorney’s client as established in the American Bar Association Model Rules of Professional Conduct or abrogate as to attorneys in programs assisted under this Act the authority of a State of other jurisdiction to enforce the standards of professional responsibility generally applicable to attorneys in such jurisdiction. The Center shall ensure that activities under this Act are carried out in a manner consistent with attorneys’ professional responsibilities.
 (g)Bar member requiredNo attorney shall receive any compensation, either directly or indirectly, for the provision of public defense services under this Act unless such attorney is admitted or otherwise authorized by law, rule, or regulation to practice law or provide such assistance in the jurisdiction where such services are initiated.
 (h)Languages other than EnglishIn areas where significant numbers of indigent defendants speak a language other than English as their principal language, the Center shall, to the extent feasible, provide that their principal language is used in the provision of public defense services to such defendants under this Act.
			(i)Miscellaneous prohibitions
 (1)The Center shall have no power to issue any shares of stock, or to declare or pay any dividends. (2)No part of the income or assets of the Center shall inure to the benefit of any director, officer, or employee, except as reasonable compensation for services or reimbursement for expenses.
				(j)Political activities of Center employees and staff attorneys
 (1)Employees of the Center or of recipients shall not at any time intentionally identify the Center or the recipient with any partisan or nonpartisan political activity associated with a political party or association, or the campaign of any candidate for public or party office.
 (2)Employees of the Center and staff attorneys shall be deemed to be State or local employees for purposes of chapter 15 of title 5, except that no staff attorney may be a candidate in a partisan political election.
				8.Grants and Contracts
 (a)Center Executive Director authorized To make grants and enter into contractsThe Executive Director of the Center is authorized to make grants and enter into contracts under this Act.
			(b)Grants described
 (1)In generalThe Center shall make grants to State or local governments and public defense systems that supplement, not supplant, other available resources for the purpose of improving or establishing public defense systems.
 (2)TermThe term of a grant under this section shall be 2 or 3 years, as determined by the Center. (3)RenewalA grant recipient under this Act may renew such grant by submitting an application to the Executive Director of the Center at such time, in such manner, and containing such information as the Executive Director may reasonably require, including an assessment of such recipient’s compliance with or progress toward achieving the quality standards that the Center develops under subsection (e).
 (c)Program evaluationThe Center shall monitor and evaluate and provide for independent evaluations of programs supported in whole or in part under this Act to ensure that the provisions of this Act and the bylaws of the Center and applicable rules, regulations, and guidelines promulgated pursuant to this Act are carried out.
 (d)Public notificationNot later than 30 days prior to the approval of any grant application or prior to entering into a contract or prior to the initiation of any other project, the Center shall announce publicly, and shall notify the Governor, the State bar association of any State, and the principal local bar associations (if there be any) of any community, where public defense services will thereby be initiated, of such grant, contract, or project. Notification shall include a reasonable description of the grant application or proposed contract or project and request comments and recommendations.
 (e)Quality standardsThe Center shall develop and make publicly available standards for the quality of public defense services, which the Center shall use to assess the success of a recipient in improving a public defense system.
 (f)Online databaseThe Center shall establish and maintain a database that shall be publicly available online, and shall include the contact information for all public defense systems in every State.
			(g)Regional backup service
 (1)In generalThe Center shall establish regional backup service centers to assist public defense systems. (2)ServicesThe services provided at such centers shall include—
 (A)providing attorneys engaged in public defense services with access to qualified investigators and sentencing mitigation specialists;
 (B)providing information to public defense systems about grants that are available to them, and providing assistance and guidance to public defense systems that apply for such grants; and
 (C)other services that the Center determines are appropriate. (3)LocationsThe Center shall determine the locations of the regional backup service centers, and the geographic region that each center is responsible for serving.
 (h)RequisitesWith respect to grants or contracts in connection with the provision of public defense services under this Act, the following shall apply:
 (1)Professional standardsThe Center shall ensure the maintenance of the highest quality of service and professional standards, the preservation of attorney-client relationships, and the protection of the integrity of the adversary process from any impairment in furnishing public defense services.
 (2)Economical and effective delivery of public defense servicesThe Center shall ensure that grants and contracts are made so as to provide the most economical and effective delivery of public defense services to persons in both urban and rural areas.
 (3)Outside practice of law prohibitedThe Center shall ensure that attorneys employed full time in public defense services activities supported in major part by the Center refrain from—
 (A)any compensated outside practice of law; and (B)any uncompensated outside practice of law except as authorized in guidelines promulgate by the Center.
 (4)Continuation of fundingThe Center may provide interim funding necessary to maintain current level of activities for any grantee, contractor, or person or entity receiving financial assistance under this Act that files with the Center a timely application for refunding until—
 (A)the application for refunding has been approved and funds pursuant thereto received; or (B)the application for refunding has been denied in accordance with section 11.
					9.Records and reports
 (a)Authority To require reportsThe Center is authorized to require such reports as it deems necessary from any grantee, contractor, person, or entity receiving financial assistance under this Act regarding activities carried out pursuant to this Act.
 (b)Authority To require recordkeeping; access to recordsThe Center is authorized to prescribe the keeping of records with respect to funds provided by grant or contract and shall have access to such records at all reasonable times for the purpose of insuring compliance with the grant or contract or the terms and conditions upon which financial assistance was provided.
 (c)Annual report to President and CongressThe Center shall publish an annual report which shall be filed by the Center with the President and the Congress. Such report shall include—
 (1)a description of the state of the provision of public defense services throughout the United States and any recommendations for improving the state of such services;
 (2)a description of the services that the Center provides and any recommendations for improving the quality of such services; and
 (3)a copy of each report from a State advisory council that the Center has received for that year under section 5(g)(6).
 (d)Copies and retention of reportsCopies of all reports pertinent to the evaluation, inspection, or monitoring of any grantee, contractor, or person or entity receiving financial assistance under this Act shall be submitted on a timely basis to such grantee, contractor, or person or entity, and shall be maintained in the principal office of the Center for a period of at least 5 years subsequent to such evaluation, inspection, or monitoring. Such reports shall be available for public inspection during regular business hours, and copies shall be furnished, upon request, to interested parties upon payment of such reasonable fees as the Center may establish.
 (e)Publication in Federal Register of rules, regulations, guidelines, and instructionsThe Center shall afford notice and reasonable opportunity for comment to interested parties prior to issuing rules, regulations, and guidelines, and it shall publish in the Federal Register at least 30 days prior to their effective date all its rules, regulations, guidelines, and instructions.
			10.Audits
			(a)Annual audit
 (1)In generalThe accounts of the Center shall be audited annually. Such audits shall be conducted in accordance with generally accepted auditing standards by independent certified public accountants who are certified by a regulatory authority of the jurisdiction in which the audit is undertaken.
 (2)Availability of recordsThe audits shall be conducted at the place or places where the accounts of the Center are normally kept. All books, accounts, financial records, reports, files, and other papers or property belonging to or in use by the Center and necessary to facilitate the audits shall be made available to the person or persons conducting the audits, and full facilities for verifying transactions with the balances and securities held by depositories, fiscal agents, and custodians shall be afforded to any such person.
 (3)Audit reportThe report of the annual audit shall be filed with the Government Accountability Office and shall be available for public inspection during business hours at the principal office of the Center.
				(b)Audit by Government Accountability Office
 (1)In generalIn addition to the annual audit, the financial transactions of the Center for any fiscal year during which Federal funds are available to finance any portion of its operations may be audited by the Government Accountability Office in accordance with such rules and regulations as may be prescribed by the Comptroller General of the United States.
 (2)Availability of RecordsAny such audit shall be conducted at the place or places where accounts of the Center are normally kept. The representatives of the Government Accountability Office shall have access to all books, accounts, financial records, reports, files, and other papers or property belonging to or in use by the Center and necessary to facilitate the audit, and full facilities for verifying transactions with the balances and securities held by depositories, fiscal agents, and custodians shall be afforded to such representatives. All such books, accounts, financial records, reports, files, and other papers or property of the Center shall remain in the possession and custody of the Center throughout the period beginning on the date such possession or custody commences and ending three years after such date, but the General Accountability Office may require the retention of such books, accounts, financial records, reports, files, papers, or property for a longer period under section 3523(c) of title 31, United States Code.
 (3)Audit reportA report of such audit shall be made by the Comptroller General to the Congress and to the President, together with such recommendations with respect thereto as the Comptroller General shall deem advisable.
 (c)Attorney-Client privilegeNotwithstanding the provisions of this section or of section 9, neither the Center nor the Comptroller General shall have access to any reports or records subject to the attorney-client privilege.
 11.Special limitationsThe Center shall prescribe procedures that ensure that financial assistance under this Act shall not be terminated (except that funding may be temporarily suspended during an interim period during the processing and consideration of an application for refunding), and an application for refunding shall not be denied, unless the grantee, contractor, or person or entity receiving financial assistance under this Act has been afforded reasonable notice and opportunity for a timely, full, and fair hearing, and when requested, such hearing shall be conducted by an independent hearing examiner. Such hearing shall be held prior to any final decision by the Center to terminate financial assistance or suspend or deny funding. Hearing examiners shall be appointed by the Center in accordance with procedures established in regulations promulgated by the Center.
 12.CoordinationThe President may direct that appropriate support functions of the Federal Government may be made available to the Center in carrying out its activities under this Act, to the extent not inconsistent with other applicable law.
 13.GAO StudyOn the date that is 4 years after the date of the enactment of this Act, the Comptroller General shall submit to Congress a study on—
 (1)the affect that the Center has had on— (A)the provision of public defense services; and
 (B)the cost of the criminal justice system; and (2)the provision and the cost of providing public defense services for jurisdictions that do not receive assistance from the Center.
 14.FundsSection 506 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3756) is amended by inserting at the end the following:

 (c)Of the total amount made available to carry out this subpart for a fiscal year, the Attorney General shall reserve not less than 10 percent to carry out the National Center for the Right to Counsel Act..


I114th CONGRESS2d SessionH. R. 6495IN THE HOUSE OF REPRESENTATIVESDecember 8, 2016Mr. Veasey (for himself and Mr. Castro of Texas) introduced the following bill; which was referred to the Committee on the JudiciaryA BILLTo require the Secretary of Homeland Security, with respect to individuals who have timely filed a DACA renewal request, to provide a short-term, interim grant of deferred action and employment authorization when there is a delay in processing the renewal request because of a service disruption or other technical problem that causes adjudications to stop or stall.
1.Short titleThis Act may be cited as the Ensure Access to DACA Act.  2.Effect of delays in DACA renewal processIn the case of an alien who received a grant of deferred action under the Deferred Action for Childhood Arrivals (DACA) program established pursuant to the memorandum of the Secretary of Homeland Security dated June 15, 2012, and has submitted a DACA renewal request during the period beginning 150 days before the expiration date of their period of deferred action and ending 120 days before such expiration date, the Secretary of Homeland Security shall provide a temporary, interim grant of deferred action (and work authorization if the alien previously had work authorization under DACA) if there is a delay in reaching a final decision on the renewal request because of a service disruption, or other technical problem, that causes adjudications to stop or stall for a week or longer. The interim renewal shall be effective until a final decision on the renewal request is made.


115 S1069 IS: Medical Device Safety Monitoring Act
U.S. Senate
2017-05-08
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II115th CONGRESS1st SessionS. 1069IN THE SENATE OF THE UNITED STATESMay 8, 2017Mr. Casey (for himself, Ms. Warren, and Mr. Franken) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and PensionsA BILLTo establish pilot projects in order to provide timely and reliable information on the safety and
			 effectiveness of cleared or
			 approved devices.

 1.Short titleThis Act may be cited as the Medical Device Safety Monitoring Act. 2.Device pilot projects (a)Postmarket pilotSection 519 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360i) is amended by adding at the end the following:

					(i)Pilot projects
 (1)In generalIn order to provide timely and reliable information on the safety and effectiveness of cleared or approved devices, including responses to adverse events and malfunctions, and to advance the objectives of part 803 of title 21, Code of Federal Regulations (or successor regulations), and advance the objectives of, and evaluate innovative new methods of compliance with, this section and section 522, the Secretary shall, within one year of the date of enactment of this subsection, initiate one or more pilot projects for voluntary participation by a manufacturer or manufacturers of device or device type, or continue existing projects in accordance with paragraph (3), that meet all of the following requirements:
 (A)Are designed to efficiently generate reliable and timely safety and active surveillance data for use by the Secretary or manufacturers of the devices that are involved in the pilot project.
 (B)Inform the development of methods, systems, data criteria, and programs that could be used to support safety and active surveillance activities for devices not included in such project.
 (C)Are designed and conducted in coordination with a comprehensive system for evaluating medical device technology that operates under a governing board with appropriate representation of stakeholders, including consumer groups and device manufacturers.
 (D)Use electronic health data including claims data, patient survey data, and any other data, as the Secretary determines appropriate.
 (E)Prioritize devices and device types that meet one or more of the following criteria: (i)Devices and device types for which the collection and analysis of real world evidence regarding a device's safety and effectiveness is likely to advance public health.
 (ii)Devices and device types that are widely used. (iii)Devices and device types, the failure of which has significant health consequences.
 (iv)Devices and device types for which the Secretary has received public recommendations in accordance with paragraph (2)(B) and has determined to meet one of the criteria under clauses (i) through (iii) and is appropriate for a project under this subsection.
 (2)ParticipationThe Secretary shall establish the conditions and processes for— (A)authorizing voluntary participation of a manufacturer of a device in the pilot project described in paragraph (1); and
 (B)facilitating public recommendations for devices to be prioritized under the pilot project described in paragraph (1), including requirements for the data necessary to support such recommendation.
 (3)ImplementationThe Secretary may satisfy the requirements of paragraphs (1) and (2) by continuing or expanding existing projects, or by beginning new projects, that meet the criteria of subparagraphs (A) through (E) of paragraph (1) or by entering into contracts, cooperative agreements, grants, or other appropriate agreements with public or private entities that have a significant presence in the United States, and meet the following additional conditions:
 (A)If such public or private entities are a component of another organization, the entities have established appropriate security measures to maintain the confidentiality and privacy of the data described in paragraph (1)(D) and the entity shall not make an unauthorized disclosure of such data to the other components of the organization in breach of such confidentiality and privacy requirements.
 (B)In the case of the termination or nonrenewal of such contracts, cooperative agreements, grants, or other appropriate agreements, the entities shall comply with each of the following:
 (i)Continue to comply with the confidentiality and privacy requirements under this subsection with respect to all data disclosed to the entity.
 (ii)Return any data disclosed to such entity under this subsection to which it would not otherwise have access or, if returning the data is not practicable, destroy the data.
 (C)Have at least one of the following qualifications:
 (i)Research, statistical, epidemiologic, or clinical capability and expertise to conduct and complete the activities under this subsection, including the capability and expertise to provide the Secretary access to de-identified data consistent with the requirements of this subsection.
 (ii)An information technology infrastructure in place to support electronic data and operational standards to provide security for such data, as appropriate.
 (iii)Experience with, and expertise on, the development of device safety and effectiveness research and surveillance using electronic health data.
 (iv)Other expertise which the Secretary determines necessary to fulfill the activities under this subsection.
 (4)Review of contract in the event of a merger or acquisitionThe Secretary shall review a contract with a qualified entity under this subsection in the event of a merger or acquisition of the entity in order to ensure that the requirements under this subsection will continue to be met.
 (5)Report to CongressNot later than 18 months after the date of enactment of this subsection, and annually thereafter, the Secretary shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report containing a description of the pilot projects being conducted pursuant to this subsection, including for each pilot project—
 (A)how the project is being implemented in accordance with paragraph (3) and the contractor or grantee as applicable;
 (B)the number of manufacturers that have agreed to participate;
 (C)the data sources used;
 (D)the devices or device categories involved; and
 (E)the number of patients involved. (6)Compliance with requirements for records or reports on devicesThe participation of a manufacturer in a pilot project under this subsection shall not affect the eligibility of such manufacturer to participate in any quarterly reporting program implemented under this Act. The Secretary may determine that, for the specified time period to be determined by the Secretary, a manufacturer’s participation in a pilot project under this subsection may meet certain other requirements of this section or section 522 if—
 (A)the project has demonstrated success in capturing relevant adverse event information; and (B)the Secretary has established procedures for making adverse event and safety information collected from the pilot public, to the extent possible, if collected pursuant to this section or section 522.
 (7)Privacy requirementsWith respect to the pilot projects conducted pursuant to this subsection— (A)individual identifiable health information shall not be disclosed when presenting any information from such project; and
 (B)such projects shall comply with section 264(c) of the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. 1320d–2 note) and sections 552 and 552a of title 5, United States Code.
 (8)Other complianceAny pilot program undertaken in coordination with the comprehensive system described in paragraph (1)(C), including pilot projects under this subsection, that relates to the use of real world evidence for devices shall comply with paragraph (1)(B), the conditions listed in subparagraphs (A) and (B) of paragraph (3), and paragraphs (4), (5), (6), and (7).
 (9)SunsetThis subsection shall cease to have force or effect on October 1, 2022.. (b)ReportNot later than January 31, 2021, the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall conduct a review through an independent third party to evaluate the strengths, limitations, and appropriate use of evidence collected pursuant to real world evidence pilot projects described in the letters described in section 201(b) of the Medical Device User Fee Amendments of 2017 and subsection (i) of section 519 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360i), as amended by subsection (a), for informing premarket and postmarket decisionmaking for multiple device types, and to determine whether the methods, systems, and programs in such pilot projects efficiently generate reliable and timely evidence about the effectiveness or safety surveillance of devices.


I114th CONGRESS2d SessionH. R. 6467IN THE HOUSE OF REPRESENTATIVESDecember 7, 2016Mr. Grayson introduced the following bill; which was referred to the Committee on Education and the WorkforceA BILLTo provide that individuals may elect to retain work-related benefits when moving throughout the workforce, and for other purposes.
1.Short titleThis Act may be cited as the Use It or Choose It Act of 2016. 2.Election to retain work benefits (a)In generalNotwithstanding any other provision of law, an individual, when moving from one position within the workforce to another, may elect to retain any benefits earned when occupying such position.
(b)ApplicationContractual providers of such benefits shall extend the provisions of such benefits or the same terms and conditions as those provided to employees in the former position, or those similarly situated. Employers accruing funds or reserves corresponding to leave or other benefits shall transfer such funds or reserves to new employers upon request.  (c)DefinitionsIn this section—
(1)the term benefit includes health care-related benefits, workers compensation, life insurance, family and medical leave, and annual, sick, paternity, or maternity leave; and (2)the term position includes any form of compensated employment, including part-time employment and independent contracting.


116 S1913 IS: Stopping Threats On Pedestrians Act of 2019
U.S. Senate
2019-06-19
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II116th CONGRESS1st SessionS. 1913IN THE SENATE OF THE UNITED STATESJune 19, 2019Mrs. Gillibrand introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and TransportationA BILLTo direct the Secretary of Transportation to establish a bollard installation grant program, and
			 for other purposes.

 1.Short titleThis Act may be cited as the Stopping Threats On Pedestrians Act of 2019 or the STOP Act of 2019.
		2.Bollard installation grant program
 (a)DefinitionsIn this section: (1)Bollard installation projectThe term bollard installation project means a project to install raised concrete or metal posts on a sidewalk adjacent to a roadway that are designed to slow or stop a motor vehicle.
 (2)SecretaryThe term Secretary means the Secretary of Transportation. (b)EstablishmentNot later than 1 year after the date of enactment of this Act, the Secretary shall establish and carry out a competitive grant program to provide assistance to local government entities for bollard installation projects designed to prevent pedestrian injuries and acts of terrorism in areas used by large numbers of pedestrians.
 (c)ApplicationTo be eligible to receive a grant under this section, a local government entity shall submit to the Secretary an application at such time, in such form, and containing such information as the Secretary determines to be appropriate, which shall include, at a minimum—
 (1)a description of the proposed bollard installation project to be carried out; (2)a description of the pedestrian injury or terrorism risks with respect to the proposed installation area; and
 (3)an analysis of how the proposed bollard installation project will mitigate those risks. (d)Use of fundsA recipient of a grant under this section may only use the grant funds for a bollard installation project.
 (e)Federal shareThe Federal share of the costs of a bollard installation project carried out with a grant under this section may be up to 100 percent.
 (f)Authorization of appropriationsThere is authorized to be appropriated to the Secretary to carry out this section $5,000,000 for each of fiscal years 2020 through 2029.


110 HR 3752 IH: To provide that the Indian Gaming Regulatory Act shall

U.S. House of Representatives
2007-10-04
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		110th CONGRESS
		1st Session
		H. R. 3752
		IN THE HOUSE OF REPRESENTATIVES

			October 4, 2007
			Mr. Campbell of
			 California introduced the following bill; which was referred to the
			 Committee on Natural
			 Resources

		A BILL
		To provide that the Indian Gaming Regulatory Act shall
		  not apply to an Indian tribe or to Indian lands of an Indian tribe until that
		  Indian tribe has been federally recognized for a period of not less than 25
		  continuous years.

		1.Waiting period on gaming
			 activitiesThe Indian Gaming
			 Regulatory Act (25 U.S.C. 2701 et seq.) is amended by adding at the end the
			 following:

				23.Waiting period on
				gaming activitiesThis Act
				shall not apply to an Indian tribe or to Indian lands of an Indian tribe until
				that Indian tribe has been a federally recognized Indian tribe for a period of
				not less than 25 continuous years. This section shall not apply to Indian
				tribes that were federally recognized before the date of the enactment of this
				section.
				.


113 S211 RS: To amend certain definitions contained in the Provo River Project Transfer Act for purposes of clarifying certain property descriptions, and for other purposes.
U.S. Senate
2013-02-04
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		II
		Calendar No. 106
		113th CONGRESS
		1st Session
		S. 211
		[Report No. 113–52]
		IN THE SENATE OF THE UNITED STATES

			February 4, 2013
			Mr. Hatch (for himself
			 and Mr. Lee) introduced the following
			 bill; which was read twice and referred to the
			 Committee on Energy and Natural
			 Resources

			June 27, 2013
			Reported by Mr. Wyden,
			 without amendment

		A BILL
		To amend certain definitions contained in the Provo River
		  Project Transfer Act for purposes of clarifying certain property descriptions,
		  and for other purposes.

		1.Clarifying certain property
			 descriptions in Provo River Project Transfer Act
			(a)Pleasant Grove
			 PropertySection 2(4)(A) of
			 the Provo River Project Transfer Act (Public Law 108–382; 118 Stat. 2212) is
			 amended by striking of enactment of this Act and inserting
			 on which the parcel is conveyed under section 3(a)(2).
			(b)Provo Reservoir
			 CanalSection 2(5) of the
			 Provo River Project Transfer Act (Public Law 108–382; 118 Stat. 2212) is
			 amended—
				(1)by striking
			 canal, and any associated land, rights-of-way, and facilities
			 and inserting water conveyance facility historically known as the Provo
			 Reservoir Canal and all associated bridges, fixtures, structures, facilities,
			 lands, interests in land, and rights-of-way held,;
				(2)by inserting and forebay
			 after Diversion Dam;
				(3)by inserting
			 near the Jordan Narrows to the point where water is discharged to the
			 Welby-Jacob Canal and the Utah Lake Distributing Canal after
			 Penstock; and
				(4)by striking
			 of enactment of this Act and inserting on which the Provo
			 Reservoir Canal is conveyed under section 3(a)(1).

		June 27, 2013
		Reported without amendment


110 HR 6302 IH: American Energy Independence through

U.S. House of Representatives
2008-06-18
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		-I
		110th CONGRESS
		2d Session
		H. R. 6302
		IN THE HOUSE OF REPRESENTATIVES

			June 18, 2008
			Mr. Poe introduced
			 the following bill; which was referred to the
			 Committee on Natural
			 Resources

		A BILL
		To achieve greater national energy independence by
		  terminating the effect of laws prohibiting the spending of appropriated funds
		  and Presidential withdrawals and authorities to conduct oil and natural gas
		  leasing and preleasing activities for any area of the Outer Continental
		  Shelf.

		1.Short titleThis Act may be cited as the
			 American Energy Independence through
			 Offshore Drilling Act.
		2.Termination of
			 laws prohibiting the spending of appropriated funds for Outer Continental Shelf
			 leasing activitiesAll
			 provisions of existing Federal law prohibiting the spending of appropriated
			 funds to conduct oil and natural gas leasing and preleasing activities for any
			 area of the Outer Continental Shelf shall have no force or effect.
		3.Revocation of
			 existing Presidential withdrawalsAll withdrawals of Federal submerged lands
			 of the Outer Continental Shelf from leasing, including withdrawals by the
			 President under the authority of section 12(a) of the Outer Continental Shelf
			 Lands Act (43 U.S.C. 1341(a)), are hereby revoked and are no longer in effect
			 with respect to the leasing of areas for exploration for, and development and
			 production of, oil and natural gas.
		4.Revocation of
			 existing presidential authorityAll authorities given to the President with
			 respect to the leasing of Federal submerged lands of the Outer Continental
			 Shelf, given under section 12(a) of the Outer Continental Shelf Lands Act (43
			 U.S.C. 1341(a)), are hereby revoked; except in the interest of national
			 security.