		II
		109th CONGRESS
		2d Session
		S. 3175
		IN THE SENATE OF THE UNITED
		  STATES

			May 25, 2006
			Mr. Leahy introduced the
			 following bill; which was read twice and referred to the
			 Committee on the
			 Judiciary

		A BILL
		To amend title 35, United States Code, with
		  respect to establishing procedures for granting authority to the Under
		  Secretary for Commerce for Intellectual Property and Director of the Patent and
		  Trademark Office to grant compulsory patent licenses for exporting patented
		  pharmaceutical products to certain countries consistent with international
		  commitments made by the United States, and for other purposes.

		1.Short titleThis Act may be cited as the
			 Life-Saving Medicines Export Act of
			 2006.
		2.Purposes and
			 findings
			(a)PurposeThe purpose of this Act is to promote
			 public health by permitting the export of life-saving pharmaceutical products
			 and other medicines manufactured in the United States by compulsory license to
			 residents of participating countries with insufficient or no manufacturing
			 capability in the pharmaceutical sector for the product in question consistent
			 with the General Council Decision of the World Trade Organization.
			(b)FindingsCongress finds the following:
				(1)The United States Trade Representative
			 recently announced that it welcomes the World Trade Organization
			 amendment to allow countries to override patent rights when necessary to
			 export life-saving drugs to developing countries that face public health crises
			 but cannot produce drugs for themselves.. United States Ambassador
			 Portman called this a landmark achievement that we hope will help
			 developing countries..
				(2)Compulsory licensing of patents is a
			 fixture in almost all patent systems in the world as noted in
			 the Berkeley Technology Law Journal in 2003. By the end of the 1950s, for
			 example, an estimated 40,000 to 50,000 compulsory licenses were issued
			 regarding patents in the United States. (Access to Patented Medicine in
			 Developing Countries, F.M. Scherer, www.cmhealth.org/docswg4; World Health
			 Organization). Indeed, the WHO paper notes that the United States has
			 led the world in issuing compulsory licenses to restore competition when
			 violations of the antitrust laws have been found, or in the negotiated
			 settlement of antitrust cases before full adjudication has
			 occurred.
				(3)The vast majority of people living in
			 developing countries or least developed nations have limited or no access to
			 many medicines that are saving and extending lives of those in other, more
			 developed nations. Since sales of the patented, brand-name versions of such
			 medicines are minimal or non-existent in many impoverished regions of the world
			 providing generic versions of those medicines under the WTO General Council
			 Decision will have minimal impact on the sales of brand-name, patented versions
			 in such regions.
				(4)The World Health Organization has estimated
			 that 1/3 of the world's population lacks regular access to
			 essential medicines, including antiretroviral drugs, and that a number of
			 essential medicines are under patent.
				(5)Medicines and vaccines are needed
			 throughout the world to combat newly arising public health threats such as the
			 avian flu. A United States National Intelligence Estimate in January 2000 notes
			 that New and emerging infectious diseases will pose a rising global
			 health threat….
				(6)Millions of people with HIV/AIDS in
			 developing countries need antiretroviral drugs. More than 40,000,000 people
			 worldwide have HIV and 95 percent of them live in developing countries.
			 Malaria, tuberculosis, and other infectious diseases kill millions of people a
			 year in developing nations.
				(7)Comprehensive reports of the World Health
			 Organization of the United Nations, in 2004 and 2005 detail the urgent need for
			 pharmaceutical products in developing countries and in least developed
			 nations.
				(8)The World Trade Organization decisions of
			 August 30, 2003, on access to generic medicines is now being considered by
			 member nations of the World Trade Organization for ratification as a permanent
			 amendment to the WTO Agreement on Trade Related Aspects of Intellectual
			 Property Rights.
				3.Exportation of
			 pharmaceutical products for public health purposes
			(a)In
			 generalChapter 29 of title
			 35, United States Code, is amended by inserting after section 297 the
			 following:

					298.Exportation of
				pharmaceutical products for public health purposes
						(a)DefinitionsIn this section:
							(1)Eligible
				countryThe term
				eligible country means a country that—
								(A)(i)is designated by the United Nations as a
				least developed country; or
									(ii)if not so designated—
										(I)has certified to the General Council that
				the country seeks to participate in the compulsory licensing system under this
				section as authorized by the General Council Decision; or
										(II)has certified through an official
				government finding if not a member of the World Trade Organization, that the
				country does not possess sufficient manufacturing capacities to produce the
				pharmaceutical product that such country seeks to import under this
				section;
										(B)has provided notice to the Director
				describing such lack of sufficient manufacturing capacities; and
								(C)has not terminated that country's
				participation in such compulsory licensing system by certifying to the General
				Council or to the Director that it no longer desires to participate in such a
				system.
								(2)General
				CouncilThe term
				General Council means the General Council of the WTO established
				by paragraph (2) of Article IV of the Agreement Establishing the World Trade
				Organization entered into on April 15, 1994.
							(3)General Council
				DecisionThe term
				General Council Decision means the decision of the General Council
				of 30 August 2003 on the Implementation of Paragraph 6 of the Doha Declaration
				on the TRIPS Agreement and Public Health and the WTO General Council Chairman's
				statement accompanying the Decision (JOB(03)/177, WT/GC/M/82) (collectively
				known as the TRIPS/health solution).
							(4)Generic
				manufacturerThe term
				generic manufacturer means, with respect to a pharmaceutical
				product, a manufacturer that does not hold the patent to such pharmaceutical
				product or is not otherwise authorized by the patent holder to make use of the
				invention.
							(5)Pharmaceutical
				productThe term
				pharmaceutical product means any patented product, or
				pharmaceutical product, including components of that product, manufactured
				through a patented process, of the pharmaceutical sector including any drug,
				active ingredient of a drug, diagnostic, or vaccine needed to prevent or treat
				potentially life threatening public health problems, including those listed in
				Paragraph 6 of the Doha Declaration on the TRIPS Agreement and Public
				Health.
							(6)TRIPS
				AgreementThe term
				TRIPS Agreement means the Agreement on Trade-Related Aspects of
				Intellectual Property Rights (described in section 101(d)(15) of the Uruguay
				Round Agreements Act (19 U.S.C. 3501 note)).
							(7)World Trade
				OrganizationThe term
				World Trade Organization means the organization established
				pursuant to the WTO Agreement.
							(8)WTO
				AgreementThe term WTO
				Agreement means the Agreement Establishing The World Trade Organization
				entered into on April 15, 1994.
							(9)WTOThe term WTO has the meaning
				given that term in section 2 of the Uruguay Round Agreements Act
				(19 U.S.C.
				3501).
							(10)Uruguay Round
				AgreementsThe term
				Uruguay Round Agreements has the meaning given such term in
				section 2(7) of the Uruguay Round Agreements Act (19 U.S.C.
				3501(7)).
							(b)Issuance of
				compulsory licenseNotwithstanding any other provision of part
				II or this part, and subject to subsections (c) and (d), the Director shall
				issue a compulsory license to a generic manufacturer of a pharmaceutical
				product or a patented product under this section consistent with the
				Life-Saving Medicines Export Act of
				2006 for the purposes of—
							(1)manufacturing and exporting to an eligible
				country, (including using nongovernmental agencies to assist in handling and
				distribution to eligible countries) such pharmaceutical products, including
				exporting for the purpose of foreign testing and certification and other
				activities reasonable related to such manufacturing and exporting; and
							(2)such other purposes under that Act.
							(c)Application for
				compulsory license
							(1)In
				general
								(A)SubmissionExcept as provided under subsection (g), a
				generic manufacturer that seeks to manufacture and export a pharmaceutical
				product to an eligible country (including through the use of a nongovernmental
				organization) shall submit to the Director an application as developed by the
				Director for a compulsory license as described in this section.
								(B)AssistanceThe Director shall establish an office
				within the Patent and Trademark Office to assist—
									(i)applicants under this section, including
				aiding persons in identifying what patents cover which pharmaceutical products
				and in providing other advice and guidance to facilitate the filing of complete
				applications; and
									(ii)eligible countries, nongovernmental
				organizations, or nations likely to become eligible countries, identify
				companies in the United States which could provide pharmaceutical products
				under this section to such countries.
									(2)Content of
				applicationThe Director
				shall approve an application submitted under paragraph (1) if such application
				contains—
								(A)the name of the pharmaceutical product to
				be manufactured and exported under the license;
								(B)an estimate of the quantities of the
				pharmaceutical product to be manufactured and exported under the license and a
				stipulation that the amount manufactured and exported shall not exceed the
				amount necessary to meet the needs of the eligible country;
								(C)for each patented invention to which the
				application relates—
									(i)the name of the patent holder and the
				applicable patent number; or
									(ii)a statement by the applicant on information
				and belief of the name of the patent holder and applicable patent
				number;
									(D)the name of the eligible country to which
				the pharmaceutical product will be exported and the name of any nongovernmental
				organization which will assist in the effort;
								(E)(i)copies of the notifications of the eligible
				countries that are member countries of the WTO, as defined in the General
				Council Decision, made to the Council for TRIPS regarding notifications set
				forth under 2(a) of such Decision; and
									(ii)for eligible countries that are not member
				countries of the WTO, a copy of the information required by the notification as
				set forth under 2(a) of such Decision published on a public website and the
				address of such website;
									(F)a copy of a written request for a voluntary
				license sent by registered mail to each patent holder, which shall have
				occurred during a period of at least 60 days before the submission of the
				application to the Director, and a brief description of any subsequent
				negotiations;
								(G)copies of—
									(i)notifications required under the General
				Counsel Decision;
									(ii)the name of the authorized designated
				official of the eligible country, or a nongovernmental organization duly
				authorized to assist in the distribution of pharmaceutical products—
										(I)from whom the generic manufacturer has
				received a specific request for a pharmaceutical product and is taking steps to
				prepare such product or related products; or
										(II)with whom the generic manufacturer has
				reached an agreement to manufacture and export the pharmaceutical product;
				or
										(iii)a copy of a valid license, other
				authorization, or communication issued by a potential eligible country
				permitting import of the pharmaceutical product from the United States;
				and
									(H)an agreement or understanding entered into
				by the applicant to comply with the conditions described under subsection (d)
				and with the provisions of the General Council Decisions; and
								(I)any additional information reasonably
				required by the Director, including information necessary to ensure the
				identification of the product that is the subject of the application.
								(3)Combined
				license applicationsThe
				Director may—
								(A)establish procedures to permit a combined
				license application from more than 1 eligible country;
								(B)issue a multi-country license if
				appropriate;
								(C)issue rules based on the requirements of
				this section relating to separate country applicants, in consultation with the
				National Advisory Board on Implementation of the General Council Decision
				established under section 5 of the Life-Saving Medicines Export Act of 2006,
				except for modifications made to accommodate applying the rules for 1 country
				to applications filed by more than 1 eligible country in the same filing;
				and
								(D)waive any record keeping, application, or
				related provision of this subsection to the extent necessary to implement this
				paragraph for any combined application from multiple countries.
								(4)Action by
				director
								(A)In
				generalNot later than 60
				days after the submission of an application, the Director shall approve or deny
				that application.
								(B)Conditional
				denialThe Director may deny
				an application and request additional information or evidence to be submitted
				within 30 days after making the request. If additional information or evidence
				is submitted within the 30-day period, the Director shall make a final approval
				or denial of the application within 60 days after the date of submission of the
				additional information or evidence.
								(5)Appeal of
				denialAn applicant may seek
				review of a final adverse decision of the Director, including any adverse
				decision based on failure to comply with any provision of paragraph (2) in the
				United States Court of Appeals for the Federal Circuit. The judgement of such
				court shall be subject to final review by the Supreme Court upon certiorari in
				the manner prescribed in section 1254 of title 28. The United States Court of
				Appeals for the Federal Circuit shall decide all relevant questions of law,
				provide appropriate orders, relief, or judgments, and shall hold unlawful and
				set aside any determination of the Director that the court finds to be—
								(A)arbitrary, capricious, an abuse of
				discretion, inconsistent with this section, or otherwise not in accordance with
				law;
								(B)contrary to constitutional right, power,
				privilege, or immunity;
								(C)in excess of statutory jurisdiction,
				authority, or limitations, or in violation of a statutory right; or
								(D)without observance of procedure required by
				law.
								(d)Conditions of
				licenseUnder rules issued by
				the Director, the following conditions shall apply to a compulsory license
				issued under this section:
							(1)The pharmaceutical product—
								(A)shall be a generic version of a patented
				product approved as safe and efficacious by the World Health Organization of
				the United Nations or the United States Food and Drug Administration;
				and
								(B)shall be manufactured solely for export to
				the eligible country listed in the application under subsection (c); and
								(C)shall not be exported to any other country
				except for nation parties to a regional trade agreement as set forth in
				paragraph 6(i) of the General Council Decision.
								(2)The pharmaceutical product, or the label or
				packaging of the pharmaceutical product, for export shall be—
								(A)clearly identified as being produced under
				the system set out in the General Council Decision; and
								(B)distinguished from the pharmaceutical
				product or its label or packaging manufactured by the patent holder through
				labeling, shaping, sizing, marking, special packaging, or other means or
				combinations of means, which shall be consistent with paragraph 2(b)(ii) of the
				General Council Decision and include—
									(i)a statement that such pharmaceutical
				product has been manufactured solely for export to the specific eligible
				country or to nation parties to a regional trade agreement as provided for in
				paragraphs 6(i) and 6(ii) of the General Council Decision and is not approved
				for marketing in the United States;
									(ii)a statement indicating that the
				pharmaceutical product is subject to a compulsory license issued to the generic
				manufacturer; and
									(iii)any other markings determined appropriate
				by the Director to distinguish such pharmaceutical product from the patented
				pharmaceutical product, which may include a different trademark name or
				distinctive color or shaping, so long as—
										(I)such distinction is feasible and does not
				have a significant impact on price and will not undermine the humanitarian
				purposes of the Life-Saving Medicines Export
				Act of 2006; and
										(II)the Director may temporarily waive the
				requirements of the distinguishing marks under urgent circumstances for limited
				quantities of such pharmaceutical products.
										(3)The term of such compulsory license shall
				expire on the date that is the earliest of—
								(A)7 years after the date of issuance of the
				license;
								(B)the date the importing country is no longer
				an eligible country; or
								(C)on a petition from the original patent
				holder, on the date that the Director, in consultation with the National
				Advisory Board on Implementation of the General Council Decision established
				under section 5 of the Life-Saving Medicines Export Act of 2006, determines
				that the circumstances that have led to the granting of the license cease to
				exist and it appears probable that such circumstances will not reoccur.
								(4)The licensee shall keep accurate records of
				all quantities of products manufactured and distributed under its license and
				shall make such records available upon request to an independent person agreed
				to by the parties, or otherwise approved by the Director, for the sole purpose
				of ensuring whether the terms of the license have been met.
							(5)A generic manufacturer issued a license
				under this section may notify the Director if the estimated quantity of the
				pharmaceutical product set forth in the application and subsection (c)(2)(B)
				will be insufficient to meet the projected need during the remainder of the
				license period. The Director shall adjust the estimated quantity to the
				quantity proposed by the licensee unless compelling evidence demonstrates that
				the proposed quantity is excessive.
							(e)Compensation to
				patent holder
							(1)In
				generalThe holder of a
				compulsory license under this section shall pay to the patent holder a royalty
				in an amount and by a date determined by the Director that shall not be—
								(A)earlier than the date of each shipment for
				export of the pharmaceutical product under the compulsory license; or
								(B)later than 45 days after the date of each
				shipment.
								(2)Amount of
				royaltyIn consultation with
				the Secretary of Health and Human Services, the Director of the National
				Institutes of Health, the Director of the United States Agency for
				International Development, and the Director of the Centers of Disease Control,
				the Director, when determining a royalty amount under paragraph (1), shall
				consider the following:
								(A)The provisions of paragraph 3 of the
				General Council Decision and the need for the licensee under this section to
				make a reasonable return sufficient to sustain a continued participation in
				humanitarian objectives.
								(B)The humanitarian and noncommercial reasons
				for issuing a compulsory license under this section.
								(C)The economic value to the importing country
				of the use that has been authorized by the Director.
								(D)The need for low-cost pharmaceutical
				products by persons in eligible countries.
								(E)Whether the importing country has a patent
				applicable to the pharmaceutical product sought to be imported under this
				section.
								(F)The ordinary levels of profitability in the
				United States, of commercial agreements involving pharmaceutical products, and
				any relevant international trends in relevant prices as reported by the United
				Nations or other appropriate humanitarian organizations or agencies for the
				supply of such products for humanitarian purposes.
								(3)Royalty rate
				formulas
								(A)In
				general
									(i)FactorsExcept as provided in subparagraph (B), the
				amount of the royalty payable to any patentee under this subsection—
										(I)shall be based on considerations under
				paragraph (2); and
										(II)shall not exceed the amount determined by
				multiplying the commercial value of the pharmaceutical product to be exported
				under the supply agreement by 4 percent.
										(ii)Multiple
				patenteesIf more than 1
				patentee is due a royalty for a pharmaceutical product under this section, the
				amount of the royalty payable for the pharmaceutical product shall be divided
				by the number of patentees.
									(B)Alternative
				royalty rate formula
									(i)In
				general
										(I)Establishment
				and useSubject to subclause
				(II), the Director may establish and use an alternative royalty rate formula
				under this subparagraph instead of the royalty rate formula under subparagraph
				(A), if—
											(aa)the Director makes a determination that the
				alternative royalty rate formula is more appropriate or efficient to employ;
				and
											(bb)the alternative royalty rate formula is
				based on the methodology described under clauses (ii) through (v).
											(II)LimitationIf the royalty amount determined under the
				alternative royalty rate formula under subclause (I) exceeds the dollar amount
				determined by multiplying the commercial value of the pharmaceutical product to
				be exported under the supply agreement by 4 percent the royalty amount shall be
				set at such dollar amount.
										(ii)Human
				development index countriesIf the name of the country to which a
				pharmaceutical product is to be delivered under this section is on the Human
				Development Index maintained by the United Nations Development Program, the
				rate for calculation of the royalty to be paid to any patentee shall be
				determined by—
										(I)adding 1 to the total number of countries
				listed on such Index;
										(II)subtracting from the sum determined under
				subclause (I) the numerical rank on the Index of the country to which the
				pharmaceutical product is to be exported;
										(III)dividing the difference determined under
				subclause (II) by the total number of countries listed on the Index; and
										(IV)multiplying the quotient determined under
				subclause (III) by 0.04.
										(iii)Single and
				multiple patenteesFor a
				country described under clause (ii), the amount of the royalty payable to any
				patentee shall be determined—
										(I)if there is only 1 patentee, by multiplying
				the total monetary value of the agreement pertaining to the pharmaceutical
				product to be exported under this section by the royalty rate determined in
				accordance with clause (ii); and
										(II)if there is more than 1 patentee, by
				dividing the amount determined under subclause (I) by the number of
				patentees.
										(iv)Countries not
				on human development indexIf
				the name of the country to which a pharmaceutical product is to be delivered
				under this section is not on the Human Development Index maintained by the
				United Nations Development Program, the Director shall—
										(I)determine if relevant circumstances in that
				country are reasonably similar to another country on that Human Development
				Index;
										(II)if determining a similar country under
				subclause (I), use the procedures under clause (ii) to determine a royalty
				payment using the numerical rank of that other country; and
										(III)if determining a royalty rate under
				subclause (II), state the reasons for making the determination that the country
				to which the product is to be exported was reasonably similar to the country on
				such Index used in the calculation.
										(v)Regional trade
				agreementsIf the Director
				knows during review of an application that the pharmaceutical products are to
				be delivered under this section to parties to a regional trade agreement where
				re-exportation is allowed under paragraph 6(i) and (ii) of the General Council
				Decision, the Director shall—
										(I)determine if relevant circumstances in
				those countries are reasonably similar to a country on the Human Development
				Index;
										(II)if determining a similar country under
				subclause (I), use the procedures under clause (ii) to determine a royalty
				payment based on the numerical rank of that other country; and
										(III)if determining a royalty rate under
				subclause (III), shall state the reasons for making the determination that the
				countries to which the products are to be re-exported under paragraph 6(i) and
				(ii) of such Decision were reasonably similar to the country selected on such
				Index.
										(4)Notice of
				shipmentsBefore each
				shipment of any product manufactured under this section, the manufacturer
				shall, within 15 days before such product is exported, provide notice through
				registered mail specifying the approximate quantity to be exported to—
								(A)the patentee;
								(B)the purchaser of the product; and
								(C)the Director.
								(f)Renewal of
				compulsory license
							(1)In
				generalA generic
				manufacturer that is the holder of a compulsory license under this section may
				submit to the Director an application to renew the compulsory license.
							(2)Content of
				renewal applicationAn
				application under paragraph (1) shall contain—
								(A)an assurance that the quantities of the
				pharmaceutical product authorized to be exported under the renewal compulsory
				license will not be exported before such original compulsory license ceases to
				be valid;
								(B)an assurance that the applicant has
				complied with the terms, conditions, and royalty payment required under this
				section; and
								(C)any other information that the Director may
				reasonably require.
								(3)Timing of
				renewalAn application for
				renewal shall be submitted to the Director not later than 45 days before the
				expiration date of the compulsory license.
							(4)Term of
				renewalThe term of a renewed
				compulsory license shall not exceed the term of the original compulsory
				license.
							(5)LimitationA compulsory license may not be renewed
				more than once.
							(g)Effect of
				sectionTo the extent
				authorized in Article 31(b) of the TRIPS Agreement, nothing in this section
				shall be construed as requiring an effort to obtain a voluntary license in the
				event of—
							(1)a national emergency or other circumstances
				of extreme urgency in the eligible country; or
							(2)a public noncommercial governmental
				use.
							(h)Emergencies and
				Circumstances of Extreme Urgency
							(1)Expedited
				approval
								(A)In
				generalThe Director may
				provide approval on an expedited basis for a limited period of time to grant a
				compulsory license regarding a pharmaceutical product to a generic manufacturer
				to address a national emergency or other circumstances of extreme urgency under
				such expedited procedures as the Director determines appropriate.
								(B)ProceduresProcedures under this paragraph may
				include—
									(i)waiving any requirement to seek a voluntary
				license from the patent holder; and
									(ii)delaying the determination of compensation
				until after an approval is made.
									(2)WaiverIn carrying out expedited approvals under
				this subsection, the Director may temporarily waive any provision of this
				section.
							(i)Notification to
				WTOThe Director shall notify
				the WTO of the issuance, termination, or renewal of a compulsory license under
				this section and of the name and address of the licensee, the product for which
				the license has been granted, the quantities for which it has been granted, and
				the countries to which the product is to be
				supplied.
						.
			(b)Establishment
			 of procedures
				(1)In
			 generalThe Under Secretary
			 of Commerce for Intellectual Property and Director of the United States Patent
			 and Trademark Office (referred to in this section as the
			 Director) shall establish procedures for implementing this Act
			 and the amendments made by this Act.
				(2)ReportThe Director shall annually submit to the
			 Committee on the Judiciary of the Senate and the Committee on the Judiciary of
			 the House of Representatives a report that describes the activities related to
			 the implementation of this Act and the amendments made by this Act.
				(3)RegulationsThe Director may issue such regulations as
			 are necessary and appropriate to carry out this Act and the amendments made by
			 this Act.
				(c)Technical and
			 Conforming AmendmentThe
			 table of sections for chapter 29 of title 35, United States Code, is amended by
			 adding after the item relating to section 297 the following:

					298. Exportation of
				pharmaceutical products for public health purposes..

			4.Noninfringement of
			 patentSection 271 of title
			 35, United States Code, is amended—
			(1)by redesignating subsections (h) and (i) as
			 subsections (i) and (j), respectively; and
			(2)by inserting after subsection (g) the
			 following:

					(h)(1)It shall not be an act of infringement to
				manufacture within the United States or for export outside the United States
				any patented invention relating to a pharmaceutical product (as defined under
				section 298) by any person that—
							(A)is
				issued a compulsory license to manufacture and sell that drug under section
				298; and
							(B)manufactures and exports that drug in
				compliance with all conditions of that license.
							(2)Subsection (d) (4) or (5) shall not apply
				to any patent affected by a license described under paragraph (1) of this
				subsection.
						.
			5.National Advisory
			 Board on Implementation of the General Council Decision
			(a)DefinitionsIn this section:
				(1)BoardThe term Board means the
			 National Advisory Board on Implementation of the General Council Decision
			 established under this section.
				(2)DirectorThe term Director means the
			 Under Secretary of Commerce for Intellectual Property and Director of the
			 United States Patent and Trademark Office.
				(3)Eligible
			 countryThe term
			 eligible country means a country that—
					(A)(i)is designated by the United Nations as a
			 least developed country; or
						(ii)if not so designated, does not possess
			 sufficient manufacturing capacities to produce the pharmaceutical product that
			 such country seeks to import under section 298 of title 35, United States Code
			 (as added by this Act); and
						(B)has provided notice to the Director
			 describing such lack of sufficient manufacturing capacities.
					(4)General
			 CouncilThe term
			 General Council means the General Council of the WTO established
			 by paragraph (2) of Article IV of the Agreement Establishing the World Trade
			 Organization entered into on April 15, 1994.
				(5)General Council
			 DecisionThe term
			 General Council Decision means the decision of the General Council
			 of 30 August 2003 on the Implementation of Paragraph 6 of the Doha Declaration
			 on the TRIPS Agreement and Public Health and the WTO General Council Chairman's
			 statement accompanying the Decision (JOB(03)/177, WT/GC/M/82) (collectively
			 known as the TRIPS/health solution).
				(6)Generic
			 manufacturerThe term
			 generic manufacturer means, with respect to a pharmaceutical
			 product, a manufacturer that does not hold the patent to such pharmaceutical
			 product or is not otherwise authorized by the patent holder to make use of the
			 invention.
				(7)Pharmaceutical
			 productThe term
			 pharmaceutical product means any patented pharmaceutical product,
			 or pharmaceutical product manufactured through a patented process, including
			 any drug, active ingredient of a drug, diagnostic, or vaccine needed to prevent
			 or treat public health problems.
				(8)TRIPS
			 AgreementThe term
			 TRIPS Agreement means the Agreement on Trade-Related Aspects of
			 Intellectual Property Rights (described in section 101(d)(15) of the Uruguay
			 Round Agreements Act (19 U.S.C. 3501 note)).
				(9)World Trade
			 OrganizationThe term
			 World Trade Organization means the organization established
			 pursuant to the WTO Agreement.
				(10)WTO
			 AgreementThe term WTO
			 Agreement means the Agreement Establishing The World Trade Organization
			 entered into on April 15, 1994.
				(11)WTOThe term WTO has the meaning
			 given that term in section 2 of the Uruguay Round Agreements Act
			 (19 U.S.C.
			 3501).
				(12)Uruguay Round
			 AgreementsThe term
			 Uruguay Round Agreements has the meaning given such term in
			 section 2(7) of the Uruguay Round Agreements Act (19 U.S.C.
			 3501(7)).
				(b)EstablishmentThe Director shall establish the National
			 Advisory Board on Implementation of the General Council Decision in accordance
			 with the Federal Advisory Committee Act (5 U.S.C. App.) to provide advice and
			 guidance regarding the implementation and administration of the compulsory
			 licensing program established under section 298 of title 35, United States Code
			 (as added by this Act), including royalty amounts to be determined under that
			 section.
			(c)Composition of
			 the boardThe Board shall be
			 composed of 10 members, of which—
				(1)1 shall be an individual who is an academic
			 expert on the subject of pharmaceutical matters and patent law;
				(2)2 shall be an individual with expertise
			 relating to the WTO, the TRIPS/health solution, and the General Council
			 Decision;
				(3)2 shall be an individual with expertise
			 relating to the needs of persons living in least-developed and developing
			 nations with respect to access to low-cost patented pharmaceutical
			 products;
				(4)2 shall be individuals who represent
			 international organizations, such as the United Nations, the World Bank,
			 international nongovernmental organizations, and religious faiths, and who have
			 expert knowledge regarding the General Council Decision and the issues raised
			 by that decision;
				(5)1 shall be a physician with experience in
			 treating persons with HIV/AIDS, malaria, tuberculosis, or other infectious
			 diseases;
				(6)1 shall be an individual representing major
			 pharmaceutical manufacturers in the United States; and
				(7)1 shall be an individual representing major
			 generic manufacturers of pharmaceutical products in the United States.
				(d)AppointmentsNot later than 120 days after the date of
			 enactment of this Act, the Director, in consultation with the Director of the
			 National Institutes of Health (or a designee), the Director of the United
			 States Agency for International Development (or a designee), and the Director
			 of the Centers for Disease Control (or a designee) shall appoint—
				(1)the members of the Board described under
			 subsection (c)(1), (5), (6), and (7)—
					(A)from nominations received from a request
			 for applications published in the Federal Register; and
					(B)after engaging in other efforts to make
			 institutions of higher education within the United States, international
			 organizations, and groups representing the medical profession aware of the
			 solicitation for nominations;
					(2)1 member of the Board described under
			 subsection (c)(2), from recommendations of the Majority Leader of the
			 Senate;
				(3)1 member of the Board described under
			 subsection (c)(2), from recommendations of the Minority Leader of the
			 Senate;
				(4)1 member of the Board described under
			 subsection (c)(3) from recommendations of the Speaker of the House of
			 Representatives;
				(5)1 member of the Board described under
			 subsection (c)(3) from recommendations of the Minority Leader of the House of
			 Representatives; and
				(6)2 members of the Board described under
			 subsection (c)(4) from recommendations of the Secretary of State in
			 consultation with the United States Ambassador to the United Nations.
				(e)TermA member of the Board shall serve for a
			 term of 4 years, except that the Director shall appoint the original members of
			 the Board for staggered terms of not more than 4 years. A member may not serve
			 a consecutive term unless such member served an original term that was less
			 than 4 years.
			(f)MeetingsThe Director shall convene—
				(1)a meeting of the Board not later than 60
			 days after the appointment of its members;
				(2)subsequent meetings on a periodic basis;
			 and
				(3)at least 2 meetings a year during the first
			 4 years after the date of enactment of this Act.
				(g)Compensation
			 and expensesA member of the
			 Board shall serve without compensation. While away from their homes or regular
			 places of business on the business of the Board, members of the Board may be
			 allowed travel expenses, including per diem in lieu of subsistence, as is
			 authorized under section 5703 of title 5, United States Code, for persons
			 employed intermittently in the Government service.
			(h)ChairpersonThe Board shall select a chairperson for
			 the Board.
			(i)QuorumA majority of the members of the Board
			 shall constitute a quorum for the purpose of conducting business.
			(j)Decisive
			 votesTwo-thirds of the votes
			 cast at a meeting of the Board at which a quorum is present shall be decisive
			 of any motion.
			(k)Other terms and
			 conditionsThe Director shall
			 authorize the Board to hire a staff director and shall detail staff of the
			 Patent and Trademark Office or allow for the hiring of other staff and may pay
			 necessary expenses incurred by the Board in carrying out this section. The
			 Director shall provide technical assistance, work space, facilities, and other
			 amenities to facilitate the meetings and operations of the Board. The Director,
			 or designated staff, may attend any such meetings and provide advice and
			 guidance.
			(l)Responsibilities
			 of Board
				(1)In
			 generalThe Board shall
			 provide recommendations to the Director on the implementation of section 298 of
			 title 35, United States Code (as added by this Act), including the appropriate
			 royalty rates for compensating patent holders under that section.
				(2)Technical
			 advisory panelsThe Board may
			 convene technical advisory panels to provide scientific, legal, international,
			 economic, and other information to the Board.
				(m)Evaluation and
			 Reports
				(1)In
			 generalThe Board shall
			 evaluate the implementation and administration of section 298 of title 35,
			 United States Code (as added by this Act), and shall provide periodic and
			 special reports to the Director, the Secretary of Health and Human Services,
			 the National Institutes of Health, the Director of the Centers for Disease
			 Control, and to the Committee on the Judiciary of the Senate and the Committee
			 on the Judiciary of the House of Representatives.
				(2)DutiesIf the Director uses the compensation
			 method under section 298(e)(3)(A) of title 35, United States Code (as added by
			 this Act), the Board shall—
					(A)not later than 160 days after the date of
			 enactment of this Act, begin to gather information regarding proposals for the
			 compensation of patent holders and shall carefully examine various compensation
			 options;
					(B)not later than 240 days after the date of
			 enactment of this Act, submit preliminary recommendations to the entities and
			 officers described under paragraph (1);
					(C)advise the Director on various matters
			 raised by the Director;
					(D)submit a report to the Director, the
			 Committee on the Judiciary of the Senate and the Committee on the Judiciary of
			 the House of Representatives at least once each year on—
						(i)recommendations for improving procedures or
			 the administration of the program established under that section; and
						(ii)other factual or policy matters which may
			 provide guidance or assistance to those Committees; and
						(E)submit a report to the Director and the
			 Committee on the Judiciary of the Senate and the Committee on the Judiciary of
			 the House of Representatives on—
						(i)the advantages and disadvantages which
			 might result from allowing nongovernmental organizations to be able to apply to
			 obtain a compulsory license under procedures similar to those set forth in that
			 section for such countries where the national government declines to apply for
			 such a license, including an analysis of whether World Trade Organization
			 understandings would permit such an approach and how such an approach might be
			 implemented; and
						(ii)whether this Act provides sufficient
			 economic incentives to generic companies for the research and development of
			 new generic products.
						(n)PetitionsThe Board shall establish procedures under
			 which persons may petition the Board for the purpose of evaluating various
			 issues related to the implementation and administration of section 298 of title
			 35, United States Code (as added by this Act).
			(o)ConfidentialityAny confidential business information
			 obtained by the Board in carrying out this section shall not be released to the
			 public.
			(p)Appropriations
				(1)Amounts of
			 appropriationsThere are
			 appropriated out of any money in the Treasury not otherwise appropriated to the
			 United States Patent and Trademark Office for purposes of carrying out
			 paragraph (2)—
					(A)$1,500,000 for the fiscal year ending
			 September 30, 2007;
					(B)$1,500,000 for the fiscal year ending
			 September 30, 2008;
					(C)$1,300,000 for the fiscal year ending
			 September 30, 2009;
					(D)$1,100,000 for the fiscal year ending
			 September 30, 2010; and
					(E)$900,000 for the fiscal year ending
			 September 30, 2011.
					(2)Use of
			 appropriationsAmounts
			 appropriated under paragraph (1) shall be used for the expenses and activities
			 of the Board under this section, except no more than $200,000 of such amounts
			 in each fiscal year may be used for the expenses and activities of the Office
			 established under section 298(c)(B) of title 35, United States Code (as added
			 by this Act). Such amounts not obligated in any fiscal year may be carried over
			 into subsequent fiscal years, except that any amounts not obligated by
			 September 30, 2011, shall be provided to the Secretary of the Treasury to be
			 returned to the United States Treasury.
				(q)TerminationThe Board shall terminate on September 30,
			 2011.


113 HR 3881 IH: Expansion of National Security Agency Oversight Act
U.S. House of Representatives
2014-01-15
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.

I113th CONGRESS2d SessionH. R. 3881IN THE HOUSE OF REPRESENTATIVESJanuary 15, 2014Mr. Carney (for himself, Ms. Hanabusa, and Mr. Connolly) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Select Committee on Intelligence (Permanent Select), 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 Foreign Intelligence Surveillance Act of 1978 to provide for more transparency of the programs carried out under that Act.1.Short titleThis Act may be cited as the Expansion of National Security Agency Oversight Act.2.Inclusion of additional committees in certain reports under the Foreign Intelligence Surveillance Act of 1978(a)Physical searches(1)DefinitionsSection 301 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1821) is amended—(A)by redesignating paragraphs (2), (3), and (4) as paragraphs (3), (4), and (5), respectively; and(B)by inserting after paragraph (1) the following new paragraph:(2)Appropriate congressional committees means—(A)the Permanent Select Committee on Intelligence, the Committee on the Judiciary, the Committee on Armed Services, and the Committee on Foreign Affairs of the House of Representatives; and(B)the Select Committee on Intelligence, the Committee on the Judiciary, the Committee on Armed Services, and the Committee on Foreign Relations of the Senate..(2)ReportsSection 306 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1826) is amended by striking the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate, and the Committee on the Judiciary of the Senate, and inserting the appropriate congressional committees.(b)Pen register and trap and trace devices(1)DefinitionsSection 401 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1841) is amended by adding at the end the following new paragraph:(4)The term appropriate congressional committees has the meaning given the term in section 301..(2)ReportsSection 406 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1846) is amended—(A)in subsection (a), by striking the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate, and the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate, and inserting the appropriate congressional committees; and(B)in subsection (b), by striking the committees referred to in subsection (a) and to the Committees on the Judiciary of the House of Representatives and the Senate and inserting the appropriate congressional committees.(c)Access to certain business recordsSection 502 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1862) is amended—(1)in subsection (a), by striking the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence and the Committee on the Judiciary of the Senate and inserting the appropriate congressional committees;(2)in subsection (b), by striking the House and Senate Committees on the Judiciary and the House Permanent Select Committee on Intelligence and the Senate Select Committee on Intelligence and inserting the appropriate congressional committees; and(3)by adding at the end the following new subsection:(d)In this section, the term appropriate congressional committees has the meaning given the term in section 301..(d)General oversightSection 601 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1871) is amended—(1)in subsection (a), by striking the Permanent Select Committee on Intelligence of the House of Representatives, the Select Committee on Intelligence of the Senate, and the Committees on the Judiciary of the House of Representatives and the Senate and inserting the appropriate congressional committees;(2)in subsection (c), by striking the committees of Congress referred to in subsection (a) and inserting the appropriate congressional committees;(3)in subsection (d), by striking the committees of Congress referred to in subsection (a) and inserting the appropriate congressional committees; and(4)in subsection (e)—(A)by redesignating paragraphs (1) and (2) as paragraphs (2) and (3), respectively; and(B)by inserting before paragraph (2) (as so redesignated) the following new paragraph:(1)Appropriate congressional committeesThe term appropriate congressional committees has the meaning given the term in section 301..(e)Additional procedures regarding certain persons outside the United States(1)DefinitionsSection 701(b) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881(b)) is amended—(A)by redesignating paragraphs (1) through (5) as paragraphs (2) through (6), respectively; and(B)by inserting before paragraph (2) the following new paragraph:(1)Appropriate congressional committeesThe term appropriate congressional committees has the meaning given the term in section 301..(2)ReportsSection 707(a) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881f(a)) is amended by striking the congressional intelligence committees and the Committees on the Judiciary of the Senate and the House of Representatives and inserting the appropriate congressional committees.


110 HR 1967 IH: Financial Privacy Notice Relief Act of 2007
U.S. House of Representatives
2007-04-19
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.

I
110th CONGRESS
1st Session
H. R. 1967
IN THE HOUSE OF REPRESENTATIVES

April 19, 2007
Mr. Roskam (for himself and Mr. Marshall) introduced the following bill; which was referred to the Committee on Financial Services

A BILL
To amend the Gramm-Leach-Bliley Act to provide an exception from the continuing requirement for annual privacy notices for financial institutions which do not share personal information with affiliates, and for other purposes.

1.Short titleThis Act may be cited as the Financial Privacy Notice Relief Act of 2007.
2.Exception to annual privacy notice requirement under the Gramm-Leach-Bliley ActSection 503 of the Gramm-Leach-Bliley Act (15 U.S.C. 6803) is amended by adding the following new subsection:

(f)Exception to annual notice requirementA financial institution that—
(1)provides nonpublic personal information only in accordance with the provisions of subsection (b)(2) or (e) of section 502 or regulations prescribed under section 504(b);
(2)does not share information with affiliates under section 603(d)(2)(A) of the Fair Credit Reporting Act; and
(3)has not changed its policies and practices with regard to disclosing nonpublic personal information from the policies and practices that were disclosed in the most recent disclosure sent to consumers in accordance with this subsection,shall not be required to provide an annual disclosure under this subsection until such time as the financial institution fails to comply with any criteria described in paragraph (1), (2), or (3). .


116 HR 6311 IH: Care for COVID-19 Act
U.S. House of Representatives
2020-03-19
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.

I116th CONGRESS2d SessionH. R. 6311IN THE HOUSE OF REPRESENTATIVESMarch 19, 2020Mr. Ruiz (for himself and Mr. Malinowski) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on Ways and Means, and Education and Labor, 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 require private health insurers to cover care related to COVID-19 without cost-sharing and to provide for special enrollment periods for individuals diagnosed with COVID-19.1.Short titleThis Act may be cited as the Care for COVID-19 Act.2.Coverage of services related to covid-19(a)In generalTitle XXVII of the Public Health Service Act is amended by inserting after section 2719A (42 U.S.C. 300gg–19a) the following:2720.Coverage of services related to covid-19A group health plan, and a health insurance issuer offering group or individual health insurance coverage, shall provide coverage for and shall not impose any cost sharing requirements for outpatient and inpatient services related to the diagnosis, care, and treatment of COVID-19, including—(1)diagnostic services related to COVID-19;(2)supportive care for COVID-19;(3)vaccines for the prevention of COVID-19;(4)treatment services, including prescription drugs and medical devices, for the treatment of COVID-19 and of complications related to COVID-19;(5)inpatient and outpatient physician and hospital services related to COVID-19; and(6)any other service the Secretary determines appropriate..(b)ApplicationThe amendment made by subsection (a) shall apply with respect to plan years beginning on or after January 1, 2020.3.Special enrollment period(a)Public health service actSection 2702(b)(2) of the Public Health Service Act (42 U.S.C. 300gg–1(b)(2)) is amended by inserting , including a special enrollment period for individuals who are diagnosed with or have a presumptive positive diagnosis of COVID-19, beginning on the date on which the diagnosis or presumptive positive diagnosis is reported to the health insurance issuer before the period at the end.(b)Patient protection and affordable care actSection 1311(c)(6) of the Patient Protection and Affordable Care Act (42 U.S.C. 18031(c)(6)) is amended—(1)in subparagraph (C), by striking and at the end;(2)by redesignating subparagraph (D) as subparagraph (E); and(3)by inserting after subparagraph (C) the following new subparagraph:(D)a special enrollment period for individuals who are diagnosed with or have a presumptive positive diagnosis of COVID-19, beginning on the date on which the diagnosis or presumptive positive diagnosis is reported to the Exchange; and.(c)Special enrollment periodsSection 9801(f) of the Internal Revenue Code of 1986 (26 U.S.C. 9801(f)) is amended by adding at the end the following new paragraph:(4)For individuals who are diagnosed with or have a presumptive positive diagnosis of covid-19(A)In generalA group health plan shall permit an employee who is eligible, but not enrolled, for coverage under the terms of the plan (or a dependent of such an employee if the dependent is eligible, but not enrolled, for coverage under such terms) to enroll for coverage under the terms of the plan upon a diagnosis or a presumptive positive diagnosis of COVID-19, with the special enrollment period beginning on the date on which the diagnosis or presumptive positive diagnosis is reported to the group health plan.(B)Enrollment periodThe Secretary shall promulgate regulations with respect to the special enrollment period under subparagraph (A), including establishing a time period for individuals who are diagnosed with or have a presumptive positive diagnosis of COVID-19 to enroll in coverage or change coverage, and effective date of such coverage..(d)ERISASection 701(f) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1181(f)) is amended by adding at the end the following:(4)For individuals who are diagnosed with or have a presumptive positive diagnosis of covid-19(A)In generalA group health plan or health insurance issuer in connection with a group health plan shall permit an employee who is eligible, but not enrolled, for coverage under the terms of the plan (or a dependent of such an employee if the dependent is eligible, but not enrolled, for coverage under such terms) to enroll for coverage under the terms of the plan upon a diagnosis or presumptive positive diagnosis of COVID-19, with the special enrollment period beginning on the date on which the diagnosis or presumptive positive diagnosis is reported to the group health plan or health insurance issuer or the diagnosis or presumptive positive diagnosis is confirmed by a health care provider.(B)Enrollment periodThe Secretary shall promulgate regulations with respect to the special enrollment period under subparagraph (A), including establishing a time period for individuals who are diagnosed with or have a presumptive positive diagnosis of COVID-19 to enroll in coverage and effective date of such coverage..


		II
		112th CONGRESS
		2d Session
		S. 2975
		IN THE SENATE OF THE UNITED STATES

			May 8, 2012
			Mr. Menendez introduced
			 the following bill; which was read twice and referred to the
			 Committee on
			 Finance

		A BILL
		To extend the temporary suspension of duty on methyl
		  cinnamate.

		1.Methyl cinnamate
			(a)In
			 generalHeading 9902.05.04 of the Harmonized Tariff Schedule of
			 the United States (relating to methyl cinnamate (methyl phenylprop-2-enoate))
			 is amended by striking the date in the effective period column and inserting
			 12/31/2015.
			(b)Effective
			 dateThe amendment made by subsection (a) applies with respect to
			 goods entered, or withdrawn from warehouse for consumption, on or after the
			 15th day after the date of the enactment of this Act.


		III
		112th CONGRESS
		2d Session
		S. RES. 446
		IN THE SENATE OF THE UNITED STATES

			April 26, 2012
			Mr. Rubio (for himself,
			 Mr. McCain, Mr.
			 Johanns, and Ms. Ayotte)
			 submitted the following resolution; which was referred to the
			 Committee on Foreign
			 Relations

		RESOLUTION
		Expressing the sense of the Senate that the
		  United Nations and other intergovernmental organizations should not be allowed
		  to exercise control over the Internet.

		Whereas market-based policies and private sector
			 leadership have given the Internet flexibility to evolve;
		Whereas the position of the United States Government is
			 and has been to advocate for the free flow of information, Internet freedom,
			 and multi-stakeholder governance of the Internet internationally;
		Whereas the current multi-stakeholder model of Internet
			 governance has enabled the Internet to flourish and allowed the private sector,
			 civil society, academia, and individual users to play an important role in
			 charting the direction of the Internet;
		Whereas, given the importance of the Internet to the
			 global economy, it is essential that the underlying technical infrastructure of
			 the Internet remain stable and secure;
		Whereas the developing world deserves the
			 benefits that the Internet provides, including access to knowledge, services,
			 commerce, and communication, the accompanying benefits to economic development,
			 education, health care, and social assembly, and the informed discussion that
			 is the bedrock of democratic self-government;
		Whereas the explosive and hugely beneficial growth of the
			 Internet resulted not from increased government involvement but from the
			 opening of the Internet to commerce and private sector innovation;
		Whereas the governments of some countries that advocate
			 radical change in the structure of Internet governance censor the information
			 available to their citizens through the Internet, use the Internet to prevent
			 democratization, and use the Internet as a tool of surveillance to curtail
			 legitimate political discussion and dissent, and other countries operate
			 telecommunications systems as state-controlled monopolies or highly regulated
			 and highly taxed entities;
		Whereas some countries that support transferring Internet
			 governance to an entity affiliated with the United Nations, or to another
			 intergovernmental organization, might seek to have such an entity or
			 organization endorse policies of those countries that block access to
			 information, stifle political dissent, and maintain outmoded communications
			 structures; and
		Whereas the structure and control of Internet governance
			 has profound implications for democratization, free expression, competition and
			 trade, access to information, privacy, security, and the protection of
			 intellectual property, and the threat of some countries to take unilateral
			 action that would fracture the root zone file would result in a less functional
			 Internet with diminished benefits for all people: Now, therefore, be it

		That the Senate calls on the
			 President—
			(1)to continue to
			 oppose any effort to transfer control of the Internet to the United Nations or
			 any other intergovernmental organization;
			(2)to recognize the
			 need for, and pursue, a continuing and constructive dialogue with the
			 international community on the future of Internet governance; and
			(3)to advance the
			 values of a free Internet in the broader trade and diplomatic efforts of the
			 United States Government.


116 HR 1484 IH: No Disrupting Accountability Act
U.S. House of Representatives
2019-03-04
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.

I116th CONGRESS1st SessionH. R. 1484IN THE HOUSE OF REPRESENTATIVESMarch 4, 2019Mr. Krishnamoorthi (for himself, Ms. Norton, and Mr. Cicilline) introduced the following bill; which was referred to the Committee on Oversight and ReformA BILLTo prohibit the enforcement of a nondisclosure agreement based on an individual’s employment in the
			 Executive Office of the President if the disclosure of information in
			 violation of the agreement is based on whistleblowing.

 1.Short titleThis Act may be cited as the No Disrupting Accountability Act or the NDA Act. 2.Prohibition of enforcement of nondisclosure agreements with Executive Office of the President if disclosure is based on whistleblowing (a)ProhibitionA nondisclosure agreement based on an individual's employment in the Executive Office of the President or the White House may not be enforced against the individual if the individual’s disclosure of information in violation of the agreement is described under section 2302(b)(8) of title 5, United States Code.
 (b)Effective dateThis section shall apply with respect to a nondisclosure agreement entered into before, on, or after the date of the enactment of this Act.


113 HR 4183 IH: Empowering States’ Rights To Protect Consumers Act of 2014
U.S. House of Representatives
2014-03-06
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
		113th CONGRESS
		2d Session
		H. R. 4183
		IN THE HOUSE OF REPRESENTATIVES

			March 6, 2014
			Mr. Tierney introduced the following bill; which was referred to the Committee on Financial Services

		A BILL
		To amend the Truth in Lending Act to empower the States to set the maximum annual percentage rates
			 applicable to consumer credit transactions, and for other purposes.

		1.Short titleThis Act may be cited as the Empowering States’ Rights To Protect Consumers Act of 2014.
		2.Limits on annual percentage ratesChapter 2 of the Truth in Lending Act (15 U.S.C. 1631 et seq.) is amended by adding at the end the
			 following:

				140B.Limits on Annual Percentage RatesNotwithstanding any other provision of law, the annual percentage rate applicable to any consumer
			 credit transaction (other than a residential mortgage transaction),
			 including any fees associated with such a transaction, may not exceed the
			 maximum rate permitted by the laws of the State in which the consumer
			 resides..


114 HRES 357 IH: Expressing the sense of the House of Representatives regarding the need to eliminate partisan redistricting and gerrymandering.
U.S. House of Representatives
2015-07-10
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.

		IV
		114th CONGRESS
		1st Session
		H. RES. 357
		IN THE HOUSE OF REPRESENTATIVES

			July 10, 2015
			Mr. Nolan submitted the following resolution; which was referred to the Committee on the Judiciary

		RESOLUTION
		Expressing the sense of the House of Representatives regarding the need to eliminate partisan
			 redistricting and gerrymandering.

 1.Eliminating partisan redistricting and gerrymanderingIt is the sense of the House of Representatives that— (1)Congress should establish a Federal reapportionment system that would create compact and contiguous congressional districts that, to the greatest extent possible, follow geographic boundaries and county lines;
 (2)congressional districts should not favor or disfavor an incumbent or political party; (3)congressional districts should adhere to the existing standards of equal population; and
 (4)the highest court of each State should have the power to reject congressional district maps that do not meet the above criteria.


114 HR 1289 RS: John Muir National Historic Site Expansion Act
U.S. House of Representatives
2015-09-17
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.

IICalendar No. 584114th CONGRESS2d SessionH. R. 1289[Report No. 114–312]IN THE SENATE OF THE UNITED STATESSeptember 17, 2015Received; read twice and referred to the Committee on Energy and Natural ResourcesAugust 30, 2016Reported under authority of the order of the Senate of July 14, 2016, by Ms. Murkowski, without amendmentAN ACTTo authorize the Secretary of the Interior to acquire approximately 44 acres of land in Martinez,
			 California, and for other purposes.

 1.Short titleThis Act may be cited as the John Muir National Historic Site Expansion Act. 2.John Muir National Historic Site land acquisition (a)AcquisitionThe Secretary of the Interior may acquire by donation the approximately 44 acres of land, and interests in such land, that are identified on the map entitled John Muir National Historic Site Proposed Boundary Expansion, numbered 426/127150, and dated November, 2014.
 (b)BoundaryUpon the acquisition of the land authorized by subsection (a), the Secretary of the Interior shall adjust the boundaries of the John Muir Historic Site in Martinez, California, to include the land identified on the map referred to in subsection (a).
 (c)AdministrationThe land and interests in land acquired under subsection (a) shall be administered as part of the John Muir National Historic Site established by the Act of August 31, 1964 (Public Law 88–547; 78 Stat. 753; 16 U.S.C. 461 note).August 30, 2016Reported without amendment


115 HRES 35 EH: Expressing the sense of the House of Representatives relating to automated external defibrillator (AED) education in the Nation’s schools.
U.S. House of Representatives
2018-12-12
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.

IV
115th CONGRESS
2d Session
H. RES. 35
In the House of Representatives, U. S.,

December 12, 2018

RESOLUTION
Expressing the sense of the House of Representatives relating to automated external defibrillator (AED) education in the Nation’s schools.

Whereas the American Red Cross advocates that improved education and access to automated external defibrillators (AEDs) could save 50,000 lives each year;  Whereas the average response time to a 911 call is 8 to 12 minutes;
Whereas the likelihood of survival is reduced approximately 10 percent for each minute defibrillation is delayed; and  Whereas sudden cardiac arrest is most effectively treated by combining CPR and defibrillation: Now, therefore, be it

That it is the sense of the House of Representatives that— (1)public schools in possession of one or more AEDs should schedule annual AED education for all school personnel, for which staff meetings or in-service days allocated under State law for professional development programs in emergency first aid and cardiopulmonary resuscitation (CPR) may be used;
(2)such public schools should consider including in such annual AED education instruction on the use of AEDs and information for school personnel relating to the locations of AEDs, the school’s response plan, and the members of the school response team;  (3)each public school in possession of one or more AEDs should conduct an annual CPR and AED drill for school personnel to practice the use of these life-saving measures and to evaluate the school’s preparedness in the event of a sudden cardiac arrest; and
(4)when planning the education and drills, local educational agencies (LEAs) and schools should coordinate with other schools operating education programs, any State-issued recommendations as to the development or usage of appropriate programs, and the American Heart Association Guidelines for Cardiopulmonary Resuscitation and Emergency Cardiovascular Care.   Karen L. Haas,Clerk.


115 HR 242 IH: Medicare Prescription Drug Price Negotiation Act of 2017
U.S. House of Representatives
2017-01-04
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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.

I115th CONGRESS1st SessionH. R. 242IN THE HOUSE OF REPRESENTATIVESJanuary 4, 2017Mr. Welch (for himself, Ms. Schakowsky, Ms. DeLauro, Mr. Cummings, Mr. Ellison, Mr. Pocan, Mr. Cicilline, Ms. Kaptur, Mr. Lipinski, Ms. McCollum, Ms. Castor of Florida, Mr. Grijalva, Mr. Lynch, Mr. Cohen, Ms. Michelle Lujan Grisham of New Mexico, and Mr. Cartwright) introduced the following bill; which was referred to the Committee on Energy and Commerce, 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 amend part D of title XVIII of the Social Security Act to require the Secretary of Health and
			 Human Services to negotiate covered part D drug prices on behalf of
			 Medicare beneficiaries.

 1.Short titleThis Act may be cited as the Medicare Prescription Drug Price Negotiation Act of 2017. 2.Negotiation of lower covered part D drug prices on behalf of medicare beneficiaries (a)Negotiation by secretarySection 1860D–11 of the Social Security Act (42 U.S.C. 1395w–111) is amended by striking subsection (i) (relating to noninterference) and inserting the following:

					(i)Negotiation of Lower Drug Prices
 (1)In generalNotwithstanding any other provision of law, the Secretary shall negotiate with pharmaceutical manufacturers the prices (including discounts, rebates, and other price concessions) that may be charged to PDP sponsors and MA organizations for covered part D drugs for part D eligible individuals who are enrolled under a prescription drug plan or under an MA–PD plan.
						(2)No change in rules for formularies
 (A)In generalNothing in paragraph (1) shall be construed to authorize the Secretary to establish or require a particular formulary.
 (B)ConstructionSubparagraph (A) shall not be construed as affecting the Secretary's authority to ensure appropriate and adequate access to covered part D drugs under prescription drug plans and under MA–PD plans, including compliance of such plans with formulary requirements under section 1860D–4(b)(3).
 (3)ConstructionNothing in this subsection shall be construed as preventing the sponsor of a prescription drug plan, or an organization offering an MA–PD plan, from obtaining a discount or reduction of the price for a covered part D drug below the price negotiated under paragraph (1).
 (4)Semi-annual reports to CongressNot later than June 1, 2018, and every 6 months thereafter, the Secretary shall submit to the Committees on Ways and Means, Energy and Commerce, and Oversight and Government Reform of the House of Representatives and the Committee on Finance of the Senate a report on negotiations conducted by the Secretary to achieve lower prices for Medicare beneficiaries, and the prices and price discounts achieved by the Secretary as a result of such negotiations..
 (b)Effective dateThe amendment made by subsection (a) shall take effect on the date of the enactment of this Act and shall first apply to negotiations and prices for plan years beginning on January 1, 2018.


117 HR 1503 IH: Restoring Community Input and Public Protections in Oil and Gas Leasing Act of 2021
U.S. House of Representatives
2021-03-02
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. 1503IN THE HOUSE OF REPRESENTATIVESMarch 2, 2021Mr. Levin of California (for himself, Mr. Grijalva, Mr. Lowenthal, Mr. Nadler, Ms. Norton, Ms. Bonamici, Mr. García of Illinois, Ms. Lee of California, Ms. Porter, and Ms. Brownley) introduced the following bill; which was referred to the Committee on Natural Resources, and in addition to the Committee on Agriculture, 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 Mineral Leasing Act to make certain adjustments in leasing on Federal lands for oil and gas drilling, and for other purposes.1.Short titleThis Act may be cited as the Restoring Community Input and Public Protections in Oil and Gas Leasing Act of 2021.2.Leasing process(a)Onshore oil and gas leasingSection 17(a) of the Mineral Leasing Act (30 U.S.C. 226(a)) is amended to read as follows:(a)Leasing authority(1)In generalAll lands subject to disposition under this Act that are known or believed to contain oil or gas deposits may be leased by the Secretary.(2)Receipt of fair market valueLeasing activities under this Act shall be conducted to assure receipt of fair market value for the lands and resources leased and the rights conveyed by the United States..(b)Competitive biddingSection 17(b)(1)(A) of the Mineral Leasing Act (30 U.S.C. 226(b)(1)(A)) is amended to read as follows:(A)Competitive bidding(i)In generalAll lands to be leased under this section shall be leased as provided in this paragraph to the highest responsible qualified bidder by competitive bidding by sealed bid.(ii)Geographic limitationThe Secretary shall lease lands under this paragraph in units of not more than 2,560 acres, except in Alaska, where units shall be not more than 5,760 acres. Such units shall be as nearly compact as possible.(iii)FrequencyLease sales under this section shall be held for each State in which there are lands eligible for leasing no more than 3 times each year and on a rotating basis such that the lands under the responsibility of any Bureau of Land Management field office are available for leasing no more than one time each year.(iv)RoyaltyA lease under this section shall be conditioned upon the payment of a royalty at a rate of not less than 18.75 percent in amount or value of the production removed or sold from the lease, except as otherwise provided in this Act.(v)Issuance of leaseThe Secretary may issue a lease under this section to the responsible qualified bidder with the highest bid that is equal to or greater than the national minimum acceptable bid. The Secretary shall decide whether to accept a bid and issue a lease within 90 days following payment by the successful bidder of the remainder of the bonus bid, if any, and annual rental for the first lease year.(vi)Rejection of bidThe Secretary may reject a bid above the national minimum acceptable bid if, after evaluation of the value of the lands proposed for lease, the Secretary determines that the bid amount does not ensure that fair market value is obtained for the lease..(c)National minimum acceptable bidSubparagraph (B) of section 17(b)(1) of the Mineral Leasing Act (30 U.S.C. 226(b)(1)), is amended to read as follows:(B)National minimum acceptable bid(i)In generalExcept as provided in clause (ii), for purposes of subparagraph (A), the national minimum acceptable bid shall be $5 per acre. All bids under this section for less than the national minimum acceptable bid shall be rejected.(ii)Raising the national minimum acceptable bidThe Secretary may establish a higher national minimum acceptable bid—(I)beginning at the end of the 4-year period that begins on the date of enactment of the Restoring Community Input and Public Protection in Oil and Gas Leasing Act of 2021, and once every 4 years thereafter, to reflect the change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics; and(II)at any time, if the Secretary finds that such a higher amount is necessary to enhance financial returns to the United States or to promote more efficient management of oil and gas resources on Federal lands.(iii)Not a major Federal actionThe proposal or issuance of any regulation to establish a higher national minimum acceptable bid under clause (ii) shall not be considered a major Federal action that is subject to the requirements of section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C))..(d)RentalsSection 17(d) of the Mineral Leasing Act (30 U.S.C. 226(d)) is amended to read as follows:(d)Annual rentalsAll leases issued under this section shall be conditioned upon the payment by the lessee of a rental of—(1)not less than $3.00 per acre per year during the 2-year period beginning on the date the lease begins for new leases, and after the end of such two year period not less than $5 per acre per year; or(2)such higher rental rate as the Secretary may establish if the Secretary finds that such action is necessary to enhance financial returns to the United States and promote more efficient management of oil and gas and alternative energy resources on Federal lands..(e)Elimination of noncompetitive leasingThe Mineral Leasing Act (30 U.S.C. 181 et seq.) is amended—(1)in section 17(b) (30 U.S.C. 226(b)), by striking paragraph (3);(2)by amending section 17(c) (30 U.S.C. 226(c)) to read as follows:(c)Lands made available for leasing under subsection (b)(1) but for which no bid is accepted may be made available by the Secretary for a new round of sealed bidding under such subsection.;(3)in section 17(e) (30 U.S.C. 226(e))—(A)by striking Competitive and noncompetitive leases and inserting Leases, including leases for tar sand areas,; and(B)by striking Provided, however and all that follows through ten years.;(4)in section 31(d)(1) (30 U.S.C. 188(d)(1)) by striking or section 17(c);(5)in section 31(e) (30 U.S.C. 188(e))—(A)in paragraph (2) by striking , or the inclusion and all that follows and inserting a semicolon; and(B)in paragraph (3) by striking (A) and by striking subparagraph (B);(6)by striking section 31(f) (30 U.S.C. 188(f)); and(7)in section 31(g) (30 U.S.C. 188(g))—(A)in paragraph (1) by striking as a competitive and all that follows through the period and inserting in the same manner as the original lease issued pursuant to section 17.;(B)by striking paragraph (2) and redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively; and(C)in paragraph (2), as redesignated, by striking , applicable to leases issued under subsection 17(c) of this Act (30 U.S.C. 226(c)) except, and inserting , except.(f)Lease termSection 17(e) of the Mineral Leasing Act (30 U.S.C. 226(e)) is amended by striking 10 years: and inserting 5 years..(g)Other leasing requirementsSection 17(g) of the Mineral Leasing Act (30 U.S.C. 226(g)), as amended by section 8 of this Act, is further amended—(1)by striking The Secretary at the beginning and inserting (1) In General.—The Secretary; and(2)by adding at the end the following:(2)LimitationThe Secretary shall not issue a lease or approve the assignment of any lease to any person, or to any subsidiary or affiliate of such person or any other person controlled by or under common control with such person, unless such person has the demonstrated capability to explore and produce oil and gas under the lease.(3)Protection of leased lands for other usesEach lease under this section shall include such terms as are necessary to preserve the United States flexibility to control or prohibit activities that pose serious and unacceptable impacts to the value of the leased lands for uses other than production of oil and gas..3.Transparency and landowner protections(a)Disclosure of identities filing disclosures of interest and bidsSection 17(b) of the Mineral Leasing Act (30 U.S.C. 226(b)), as amended by this Act, is further amended by adding at the end the following:(3)Bidder identityThe Secretary—(A)shall require that each expression of interest to bid for a lease under this section and each bid for a lease under this section shall include the name of the person for whom such expression of interest or bid is submitted; and(B)shall promptly publish each such name..(b)Notice requirementsSection 17(f) of the Mineral Leasing Act (30 U.S.C. 226(f)) is amended by striking At least and all that follows through agencies. and inserting the following:(1)Required noticeAt least 45 days before offering lands for lease under this section, and at least 30 days before approving applications for permits to drill under the provisions of a lease, modifying the terms of any lease issued under this section, or granting a waiver, exception, or modification of any stipulation of a lease issued under this section, the Secretary shall provide notice of the proposed action to—(A)the general public by posting such notice in the appropriate local office and on the electronic website of the leasing and land management agencies offering the lands for lease;(B)all surface land owners in the area of the lands being offered for lease; and(C)the holders of special recreation permits for commercial use, competitive events, and other organized activities on the lands being offered for lease.(2)Required information.(c)Surface owner protectionSection 17 of the Mineral Leasing Act (30 U.S.C. 226), is amended by adding at the end the following:(r)Post-Lease surface use agreement(1)In generalExcept as provided in paragraph (2), the Secretary may not authorize any operator to conduct exploration and drilling operations on lands with respect to which title to oil and gas resources is held by the United States but title to the surface estate is not held by the United States, until the operator has filed with the Secretary a document, signed by the operator and the surface owner or owners, showing that the operator has secured a written surface use agreement between the operator and the surface owner or owners that meets the requirements of subparagraph (B).(2)ContentsThe surface use agreement shall provide for—(A)the use of only such portion of the surface estate as is reasonably necessary for exploration and drilling operations based on site-specific conditions;(B)the accommodation of the surface estate owner to the maximum extent practicable, including the location, use, timing, and type of exploration and drilling operations, consistent with the operator’s right to develop the oil and gas estate;(C)the reclamation of the site to a condition capable of supporting the uses which such lands were capable of supporting prior to exploration and drilling operations; and(D)compensation for damages as a result of exploration and drilling operations, including—(i)loss of income and increased costs incurred;(ii)damage to or destruction of personal property, including crops, forage, and livestock; and(iii)failure to reclaim the site in accordance with clause (iii).(3)Procedure(A)Notice of intent to conclude agreementAn operator shall notify the surface estate owner or owners of the operator’s desire to conclude an agreement under this section. If the surface estate owner and the operator do not reach an agreement within 90 days after the operator has provided such notice, the operator may submit the matter to third-party arbitration for resolution within a period of 90 days. The cost of such arbitration shall be the responsibility of the operator.(B)List of arbitratorsThe Secretary shall identify persons with experience in conducting arbitrations and shall make this information available to operators.(C)ReferralReferral of a matter for arbitration by an operator to an arbitrator identified by the Secretary pursuant to clause (ii) shall be sufficient to constitute compliance with clause (i).(4)Attorneys’ feesIf action is taken to enforce or interpret any of the terms and conditions contained in a surface use agreement, the prevailing party shall be reimbursed by the other party for reasonable attorneys’ fees and actual costs incurred, in addition to any other relief which a court or arbitration panel may grant.(5)Authorized exploration and drilling operations(A)Authorization without surface use agreementThe Secretary may authorize an operator to conduct exploration and drilling operations on lands covered by paragraph (1) in the absence of an agreement with the surface estate owner or owners, if—(i)the Secretary makes a determination in writing that the operator made a good faith attempt to conclude such an agreement, including referral of the matter to arbitration pursuant to paragraph (1)(C), but that no agreement was concluded within 90 days after the referral to arbitration;(ii)the operator submits a plan of operations that provides for the matters specified in paragraph (1)(B) and for compliance with all other applicable requirements of Federal and State law; and(iii)the operator posts a bond or other financial assurance in an amount the Secretary determines to be adequate to ensure compensation to the surface estate owner for any damages to the site, in the form of a surety bond, trust fund, letter of credit, government security, certificate of deposit, cash, or equivalent.(B)Surface owner participationThe Secretary shall provide surface estate owners with an opportunity to—(i)comment on plans of operations in advance of a determination of compliance with this Act;(ii)participate in bond level determinations and bond release proceedings under this section;(iii)attend an on-site inspection during such determinations and proceedings;(iv)file written objections to a proposed bond release; and(v)request and participate in an on-site inspection when they have reason to believe there is a violation of the terms and conditions of a plan of operations.(C)Payment of financial guaranteeA surface estate owner with respect to any land subject to a lease may petition the Secretary for payment of all or any portion of a bond or other financial assurance required under this section as compensation for any damages as a result of exploration and drilling operations. Pursuant to such a petition, the Secretary may use such bond or other guarantee to provide compensation to the surface estate owner for such damages.(D)Bond releaseUpon request and after inspection and opportunity for surface estate owner review, the Secretary may release the financial assurance required under this section if the Secretary determines that exploration and drilling operations are ended and all damages have been fully compensated.(6)Surface owner notificationThe Secretary shall notify surface estate owners in writing—(A)not less than 45 days before lease sales;(B)of the identity of the lessee, not more than 10 business days after a lease is issued;(C)concerning any subsequent request or decision regarding a lease not more than 5 business days after such request or decision, including regarding modification of a lease, waiver of a stipulation, or approval of a right of way; and(D)not more than 5 business days after issuance of a drilling permit under a lease..4.Lease stipulations(a)Energy policy Act of 2005Section 363(b)(3)(C) of the Energy Policy Act of 2005 (42 U.S.C. 15922(b)(3)(C)) is amended to read as follows:(C)adequately protective of the resource for which the stipulations are applied;.(b)Revision of existing memorandumNot later than 180 days after the date of the enactment of this Act the Secretary of the Interior and the Secretary of Agriculture shall revise the memorandum of understanding under section 363(b)(3)(C) of the Energy Policy Act of 2005 (42 U.S.C. 15922) in accordance with the amendment made by subsection (a).5.Master leasing plansSection 17(a) of the Mineral Leasing Act (30 U.S.C. 226(a)), as amended by section 2, is further amended by adding at the end the following:(3)Master leasing plans(A)In generalThe Secretary may adopt and implement a master leasing plan to govern the issuance of oil and gas leases under this Act for any Federal lands, in accordance with Bureau of Land Management Instruction Memorandum No. 2010–117, dated May 17, 2010, as in effect on April 24, 2017.(B)Factors and considerationsIn deciding whether to adopt and implement a master leasing plan, the Secretary—(i)shall consider the criteria set forth in Bureau of Land Management Instruction Memorandum No. 2010–117, dated May 17, 2010, as in effect on April 24, 2017; and(ii)shall consider the benefits of avoiding conflicts between mineral leasing and other land uses, including conservation, recreation, and protection of cultural and historic resources.(C)State requestThe Secretary shall adopt and implement a master leasing plan under subparagraph (A) applicable to leases for Federal lands in a State or county of a State, if requested by the government of such State or county, respectively.(D)Request by an individual(i)In generalAny individual who is a resident of a State or county of a State may submit a petition to the Secretary requesting that the Secretary adopt and implement a master leasing plan under subparagraph (A) applicable to the issuance of leases for Federal lands in such State or county, respectively.(ii)ConsiderationThe Secretary shall, not later than 60 days after receiving such a petition, issue a determination of whether or not the adoption and implementation of such a master leasing plan is appropriate..6.Parcel reviewSection 17(a) of the Mineral Leasing Act (30 U.S.C. 226(a)), as amended by sections 2 and 5 of this Act, is further amended by adding at the end the following:(4)Parcel reviewThe Secretary shall issue oil and gas leases under this Act only in accordance with subsections C through I of section III of Bureau of Land Management Instruction Memorandum No. 2010–117, dated May 17, 2010, as in effect on April 24, 2017..7.Acreage limitationsSection 27(d)(1) of the Mineral Leasing Act (30 U.S.C. 184(d)(1)) is amended by striking , and acreage under any lease any portion of which has been committed to a federally approved unit or cooperative plan or communitization agreement or for which royalty (including compensatory royalty or royalty in-kind) was paid in the preceding calendar year,.8.Land managementSection 17(g) of the Mineral Leasing Act (30 U.S.C. 226(g)), as amended by section 2(g) of this Act, is further amended by adding at the end the following:(4)Multiple-use managementThe Secretary, and for National Forest lands, the Secretary of Agriculture, shall manage lands that are subject to an oil and gas lease under this Act in accordance with the principles, policies, and requirements relating to multiple use under the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), until the beginning of operations on such lease.. 9.Oil shaleSection 21(a) of the Mineral Leasing Act (30 U.S.C. 241(a)) is amended—(1)in paragraph (1), by striking The Secretary of the Interior and inserting Subject to paragraph (6), the Secretary of the Interior; and(2)by adding at the end the following:(6)Beginning on the date of enactment of the Restoring Community Input and Public Protections in Oil and Gas Leasing Act of 2021, The Secretary may not issue any lease for oil shale under this Act before the date the Secretary issues a finding that the technical and economic feasibility of development of and production from such deposit has been demonstrated under section 369 of the Energy Policy Act of 2005 (42 U.S.C. 15927)..10.Transparency in management of leasesSection 17(a) of the Mineral Leasing Act (30 U.S.C. 226(a)), as amended by sections 2, 5, and 6 of this Act, is further amended by adding at the end the following:(5)Transparency in management of leasesFor each lease under this section, the Secretary shall make available on a public website—(A)the identity of—(i)each person who is or has been a lessee under the lease; and(ii)each person who is or has been an operator under the lease;(B)notice of each transfer of the lease; and(C)notice of each suspension of operations, each suspension of production, and each suspension of operations and production..11.Lease cancellation for improper issuanceSection 31(b) of the Mineral Leasing Act (30 U.S.C. 188(b)) is amended by inserting if the lease was improperly issued or after 30 days notice.12.Fees for Expressions of Interest(a)In generalThe Secretary shall charge any person who submits an expression of interest, as that term is defined by the Secretary, a fee, in an amount determined by the Secretary under paragraph (2).(b)AmountThe fee authorized under paragraph (1) shall be established by the Secretary in an amount that is determined by the Secretary to be appropriate to cover the aggregate cost of processing an expression of interest under this section, but not less than $15 per acre of the area covered by the applicable expression of interest.(c)Adjustment of feesThe Secretary shall, by regulation at least every 4 years, establish a higher expression of interest fee—(1)to reflect the change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics; and(2)as the Secretary determines to be necessary to enhance financial returns to the United States or to promote more efficient management of oil and gas resources on Federal land.13.Protection of water resources(a)Mineral leasing act requirementsSection 17 of the Mineral Leasing Act (30 U.S.C. 226) is amended—(1)in subsection (g) by striking lands or surface waters adversely and inserting surface or ground waters or lands adversely;(2)by redesignating subsection (p) as subsection (q); and(3)by inserting after subsection (o) the following:(p)Water requirements(1)An operator producing oil or gas (including coalbed methane) under a lease issued under this Act shall—(A)replace the water supply of a water user who obtains all or part of such user’s supply of water from an underground or surface source that has been affected by contamination, diminution, or interruption proximately resulting from drilling, fracking, or production operations for such production;(B)ensure that if a surface or ground water source is affected by contamination, diminution, or interruption proximately resulting from such production, best management practices and appropriately available technologies are used to prevent, to the maximum extent possible, the long-term or permanent degradation of the surface or ground water source; and(C)comply with all applicable requirements of Federal and State law with respect to—(i)discharge of any water produced under the lease; and(ii)activities that would divert or otherwise alter a surface or ground water source or lead to a discharge not covered by clause (i).(2)An application for a permit to drill under a lease under this Act shall be accompanied by a proposed water management plan including provisions to—(A)protect the quantity and quality of surface and ground water systems, both on-site and off-site, from adverse effects of the exploration, development, and reclamation processes or to provide alternative sources of water if such protection cannot be assured;(B)protect the rights of present users of water that would be affected by operations under the lease, including the discharge of any water produced in connection with such operations that is not reinjected; and(C)identify any agreements with other parties for the beneficial use of produced waters and the steps that will be taken to comply with State and Federal laws related to such use.(3)The Secretary may not approve an application if the Secretary determines that the applicant did not submit a water management plan that meets the requirements described in paragraph (2)..(b)Relation to state lawNothing in this section or any amendment made by this section shall be construed as—(1)impairing or in any manner affecting any right or jurisdiction of any State with respect to the waters of such State; or(2)limiting, altering, modifying, or amending any of the interstate compacts or equitable apportionment decrees that apportion water among and between States.14.Fracking regulation on Federal lands(a)In generalNot later than 1 year after the date of enactment of this Act, the Secretary of the Interior, acting through the Bureau of Land Management, shall issue regulations governing the use of hydraulic fracturing under oil and gas leases for Federal lands.(b)Included provisionsThe regulations under this section shall require—(1)baseline water testing, the results of which shall be posted on an appropriate internet website; and(2)public disclosure of each chemical used for hydraulic fracturing on an appropriate internet website.(c)Interim Application of prior ruleThe final rule entitled Oil and Gas; Hydraulic Fracturing on Federal and Indian Lands, as published in the Federal Register March 26, 2015 (80 Fed. Reg. 16128), and corrected by the rule published on March 30, 2015 (80 Fed. Reg. 16577), shall apply until the effective date of a final rule under subsection (a).


117 HR 4368 IH: To amend title 4, United States Code, to permit the flag of the United States to be flown at half-staff in the event of the death of the Mayor of the District of Columbia.
U.S. House of Representatives
2021-07-06
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. 4368IN THE HOUSE OF REPRESENTATIVESJuly 6, 2021Ms. Norton introduced the following bill; which was referred to the Committee on the JudiciaryA BILLTo amend title 4, United States Code, to permit the flag of the United States to be flown at half-staff in the event of the death of the Mayor of the District of Columbia.
1.Flying flag of United States at half-staff in the event of the death of the Mayor of the District of ColumbiaSection 7(m) of title 4, United States Code, is amended— (1)in the fourth sentence, by striking Government and the Governor of a State, territory, or possession, and inserting Government, the Governor of a State, territory, or possession, and the Mayor of the District of Columbia,; and
(2)in the eighth sentence, by striking or the Governor of a State, territory, or possession; and inserting , the Governor of a State, territory, or possession, or the Mayor of the District of Columbia;.