,i  #aafth ,,congress  #ast ,session    
,h4 ,r4 #acfb  ,,in ,,the ,,house ,,of  
,,representatives  ,february #bf1       
#bjai,mr4 ,emmer introduced the         
following bill2 which was referred to   
the ,committee on ,energy and ,commerce 
,a ,,bill  ,to amend the ,federal ,food1
 ,drug1 and ,cosmetic ,act to allow1    
during a lapse in appropriations1       
acceptance of certain device submissions
 and registrations with the             
corresponding fees made available for   
obligation and expenditure for the      
process for the review of device        
applications1 and for other purposes4   
#a4 ,short title ,this ,act may be cited
 as the ,medical ,innovation ,never     
,stops ,act of #bjai4  #b4 ,authority   
during a lapse in appropriations        
,chapter ,,vii of the ,federal ,food1   
,drug1 and ,cosmetic ,act is amended by 
inserting after section #gch;,a 7#ba    
,u4,s4,c4 #cgi;j-#a7 the following3     
#gch;,b4 ,authority during a lapse in   
appropriations  7a7 ,acceptance of      

submissions and registrations2          
application of fees ,during any period  
in which appropriations are not in      
effect for the ,food and ,drug          
,administration1 the ,secretary shall-- 
7#a7 accept a submission described in   
section #gch7;a77#b7 and a registration 
described in section #gch7;a77#c7 if an 
applicable fee has been submitted for   
such submission or registration2  7#b7  
collect such fees in accordance with    
this part1 notwithstanding any          
limitation with respect to the          
availability of appropriations in       
section #gch2 and  7#c7 obligate and    
expend such fees as may be so collected 
for the process for the review of device
 applications4  7b7 ,application of     
previously paid fees  7#a7 ,in general  
,during any period in which             
appropriations are not in effect for the
 ,food and ,drug ,administration1 the   
,secretary may obligate and expend for  
the process for the review of device    
applications any fees--  7,a7 that were 

paid before such period began for       
submissions described in section        
#gch7;a77#b71 but with respect to which 
a submission has not been received2 and 
7,b7 that were paid before such period  
began for registrations described in    
section #gch7;a77#c71 but with respect  
to which a remitter has not been        
identified4  7#b7 ,subsequently received
 submission or registration             
,notwithstanding the obligation or      
expenditure of a fee for the process for
 the review of device applications      
pursuant to paragraph 7#a71 such fee    
shall be deemed to have been paid for   
purposes of section #gch7;f77#a7 if the 
,secretary subsequently receives a      
submission or registration for such fee4
  7c7 ,effect of enactment of subsequent
 appropriations ,upon the enactment of  
an appropriation for fees under section 
#gch for a fiscal year1 or a general    
appropriation bill providing            
appropriations for the ,food and ,drug  
,administration for a fiscal year       

without provision for such device fees1 
following a period during which a       
collection1 obligation1 or expenditure  
of fees occurs pursuant to subsection   
7a7 or 7b7 for such fiscal year--  7#a7 
such collection1 obligation1 and        
expenditure shall be charged to such    
appropriation 7if any72 and  7#b7       
amounts made available pursuant to such 
subsection shall not be available after 
the date of the enactment of such       
appropriation or general appropriation  
bill4  4