1557 
paragraph (1), together with recommendations for 
such legislation and administrative action as the 
Comptroller General determines appropriate. 
SEC. 7606. TREAT AND REDUCE OBESITY ACT. 
(a) AUTHORITY TO EXPAND HEALTH CARE PRO-
VIDERS QUALIFIED TO FURNISH INTENSIVE BEHAVIORAL 
THERAPY.—Section 1861(ddd) of the Social Security Act 
(42 U.S.C. 1395x(ddd)) is amended by adding at the end 
the following new paragraph: 
‘‘(4)(A) Subject to subparagraph (B), the Sec-
retary may, in addition to qualified primary care 
physicians and other primary care practitioners, 
cover intensive behavioral therapy for obesity fur-
nished by any of the following: 
‘‘(i) A physician (as defined in subsection 
(r)(1)) who is not a qualified primary care phy-
sician. 
‘‘(ii) Any other appropriate health care 
provider (including a physician assistant, nurse 
practitioner, or clinical nurse specialist (as 
those terms are defined in subsection (aa)(5)), 
a clinical psychologist, a registered dietitian or 
nutrition professional (as defined in subsection 
(vv))). 
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‘‘(iii) An evidence-based, community-based 
lifestyle counseling program approved by the 
Secretary. 
‘‘(B) In the case of intensive behavioral therapy 
for obesity furnished by a provider described in 
clause (ii) or (iii) of subparagraph (A), the Secretary 
may only cover such therapy if such therapy is fur-
nished— 
‘‘(i) upon referral from, and in coordina-
tion with, a physician or primary care practi-
tioner operating in a primary care setting or 
any other setting specified by the Secretary; 
and 
‘‘(ii) in an office setting, a hospital out-
patient department, a community-based site 
that complies with the Federal regulations con-
cerning the privacy of individually identifiable 
health information promulgated under section 
264(c) of the Health Insurance Portability and 
Accountability Act of 1996, or another setting 
specified by the Secretary. 
‘‘(C) In order to ensure a collaborative effort, 
the coordination described in subparagraph (B)(i) 
shall include the health care provider or lifestyle 
counseling program communicating to the referring 
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1559 
physician or primary care practitioner any rec-
ommendations or treatment plans made regarding 
the therapy.’’. 
(b) MEDICARE PART D COVERAGE
OF OBESITY 
MEDICATION.— 
(1) IN
GENERAL.—Section 1860D–2(e)(2)(A) 
of the Social Security Act (42 U.S.C. 1395w– 
102(e)(2)(A)) is amended, in the first sentence— 
(A) by striking ‘‘and other than’’ and in-
serting ‘‘other than’’; and 
(B) by inserting after ‘‘benzodiazepines),’’ 
the following: ‘‘and other than subparagraph 
(A) of such section if the drug is used for the 
treatment of obesity (as defined in section 
1861(yy)(2)(C)) or for weight loss management 
for an individual who is overweight (as defined 
in section 1861(yy)(2)(F)(i)) and has one or 
more related comorbidities,’’. 
(2) EFFECTIVE DATE.—The amendments made 
by paragraph (1) shall apply to plan years beginning 
on or after the date that is 2 years after the date 
of the enactment of this section. 
(c) REPORT TO CONGRESS.—Not later than the date 
that is 1 year after the date of the enactment of this sec-
tion, and every 2 years thereafter, the Secretary of Health 
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1560 
and Human Services shall submit a report to Congress 
describing the steps the Secretary has taken to implement 
the provisions of, and amendments made by, this section. 
Such report shall also include recommendations for better 
coordination and leveraging of programs within the De-
partment of Health and Human Services and other Fed-
eral agencies that relate in any way to supporting appro-
priate research and clinical care (such as any interactions 
between physicians and other health care providers and 
their patients) to treat, reduce, and prevent obesity in the 
adult population. 
SEC. 7607. INCENTIVES, IMPROVEMENTS, AND OUTREACH 
TO INCREASE DIVERSITY IN ALZHEIMER’S 
DISEASE RESEARCH. 
(a) IMPROVING ACCESS
FOR
AND OUTREACH
TO 
UNDERREPRESENTED POPULATIONS.— 
(1) EXPANDING ACCESS TO ALZHEIMER’S RE-
SEARCH CENTERS.— 
(A) IN
GENERAL.—Section 445(a)(1) of 
the Public Health Service Act (42 U.S.C. 285e– 
2(a)(1)) is amended— 
(i) by striking ‘‘(a)(1) The Director of 
the Institute may’’ and inserting the fol-
lowing: 
‘‘(a)(1) The Director of the Institute— 
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1561 
‘‘(A) may’’; 
(ii) by striking ‘‘disease.’’ and insert-
ing ‘‘disease; and’’; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(B) beginning January 1, 2022, shall enter 
into cooperative agreements and make grants to 
public or private nonprofit entities under this sub-
section for the planning, establishment, and oper-
ation of new such centers that are located in areas 
with a higher concentration of minority groups (as 
determined under section 444(d)(3)(D)), such as en-
tities that are historically Black colleges and univer-
sities, Hispanic-serving institutions, Tribal colleges 
and universities, or centers of excellence for other 
minority populations.’’. 
(B) USE OF FUNDING FOR CLINICS TO OP-
ERATE
CLINICAL
TRIALS.—Section 445(b) of 
the Public Health Service Act (42 U.S.C. 285e– 
2(b)) is amended by adding at the end the fol-
lowing: 
‘‘(3) Federal payments made under a cooperative 
agreement or grant under subsection (a) from funds made 
available under section 2(g) of the ENACT Act of 2021 
shall, with respect to Alzheimer’s disease, be used in part 
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1562 
to establish and operate diagnostic and treatment clinics 
designed— 
‘‘(A) to meet the special needs of minority and 
rural populations and other underserved populations; 
and 
‘‘(B) to operate clinical trials’’. 
(2) OUTREACH.— 
(A) ALZHEIMER’S
DISEASE
CENTERS.— 
Section 445(b) of the Public Health Service Act 
(42 U.S.C. 285e–2(b)), as amended by para-
graph (1)(B), is further amended by adding at 
the end the following new paragraph: 
‘‘(4) Federal payments made under a cooperative 
agreement or grant under subsection (a) shall be used to 
establish engagement centers to carry out public outreach, 
education efforts, and dissemination of information for 
members of minority groups about clinical trial participa-
tion. Activities funded pursuant to the preceding sentence 
shall include— 
‘‘(A) using established mechanisms to encour-
age members of minority groups to participate in 
clinical trials on Alzheimer’s disease; 
‘‘(B) expanding education efforts to make mem-
bers of minority groups aware of ongoing clinical 
trials; 
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1623 
(7) ANNUAL REPORT.—Not later than 1 year 
after the date of enactment of this Act, and annually 
thereafter, the Director shall make publicly available 
a report detailing the activities of the Office for Civil 
Rights and Health Equity under this subsection, in-
cluding— 
(A) the number of complaints filed and the 
basis on which the complaints were filed; 
(B) the number of investigations under-
taken as a result of such complaints; and 
(C) the disposition of all such investiga-
tions. 
(c) ENFORCEMENT BY PRIVATE PERSONS.— 
(1) IN GENERAL.— 
(A) CIVIL ACTION.— 
(i) IN
SUIT.—A complainant under 
subsection (b) may commence a civil action 
to obtain appropriate relief with respect to 
an alleged violation of subsection (a), or 
for breach of a conciliation agreement 
under subsection (b), in an appropriate 
district court of the United States or State 
court— 
(I) not sooner than the earliest 
of— 
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1630 
(ii) Two members of the Commission 
shall be appointed by the President pro 
tempore of the Senate, upon the rec-
ommendations of the majority leader and 
the minority leader of the Senate. Each 
member appointed to the Commission 
under this clause shall be appointed from 
a different political party. 
(iii) Two members of the Commission 
shall be appointed by the Speaker of the 
House of Representatives upon the rec-
ommendations of the majority leader and 
the minority leader of the House of Rep-
resentatives. Each member appointed to 
the Commission under this clause shall be 
appointed from a different political party. 
(C) EX OFFICIO MEMBER.—The Commis-
sion shall have the following nonvoting, ex offi-
cio members: 
(i) The Director for Civil Rights and 
Health Equity of the Department of 
Health and Human Services. 
(ii) The Deputy Assistant Secretary 
for Minority Health of the Department of 
Health and Human Services. 
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1631 
(iii) The Director of the National In-
stitute on Minority Health and Health Dis-
parities. 
(iv) The Chairperson of the Advisory 
Committee on Minority Health established 
under section 1707(c) of the Public Health 
Service Act (42 U.S.C. 300u–6(c)). 
(3) TERMS.—The term of office of each mem-
ber appointed under paragraph (2)(B) of the Com-
mission shall be 6 years. 
(4) CHAIRPERSON; VICE CHAIRPERSON.— 
(A) CHAIRPERSON.—The President shall, 
with the concurrence of a majority of the mem-
bers of the Commission appointed under para-
graph (2)(B), designate a Chairperson from 
among the members of the Commission ap-
pointed under such paragraph. 
(B) VICE CHAIRPERSON.— 
(i) DESIGNATION.—The Speaker of 
the House of Representatives shall, in con-
sultation with the majority leaders and the 
minority leaders of the Senate and the 
House of Representatives and with the 
concurrence of a majority of the members 
of the Commission appointed under para-
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1677 
(B) USE OF GRANT FUNDS.—An eligible 
entity awarded a grant under this paragraph 
shall use the funds to further activities to carry 
out environmental health improvement activi-
ties, including— 
(i) addressing community environ-
mental health priorities in accordance with 
paragraph (1)(C)(ii), including— 
(I) geography; 
(II) the built environment; 
(III) air quality; 
(IV) water quality; 
(V) land use; 
(VI) solid waste; 
(VII) housing; 
(VIII) violence; 
(IX) socioeconomic status; 
(X) ethnicity, social construct, 
and language preference; 
(XI) educational attainment; 
(XII) employment; 
(XIII) food safety, accessibility, 
and affordability; 
(XIV) nutrition; 
(XV) health care services; and 
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1690 
(A) CLEAN WATER.— 
(i) The final rule of the Environ-
mental Protection Agency and the Corps of 
Engineers entitled ‘‘Final Revisions to the 
Clean Water Act Regulatory Definitions of 
‘Fill Material’ and ‘Discharge of Fill Mate-
rial’ ’’ and published in the Federal Reg-
ister on May 9, 2002 (67 Fed. Reg. 
31129). 
(ii) The final rule of the Environ-
mental Protection Agency entitled ‘‘Na-
tional Pollutant Discharge Elimination 
System 
Permit 
Regulation 
for 
Con-
centrated Animal Feeding Operations: Re-
moval of Vacated Elements in Response to 
2011 Court Decision’’ and published in the 
Federal Register on July 30, 2012 (77 
Fed. Reg. 44494). 
(iii) The final rule entitled ‘‘With-
drawal of Revisions to the Water Quality 
Planning and Management Regulation and 
Revisions to the National Pollutant Dis-
charge Elimination System Program in 
Support of Revisions to the Water Quality 
Planning and Management Regulation’’ 
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1691 
and published in the Federal Register on 
March 19, 2003 (68 Fed. Reg. 13608). 
(iv) The final rule of the Environ-
mental Protection Agency entitled ‘‘Con-
solidated Permit Regulations: RCRA Haz-
ardous Waste; SDWA Underground Injec-
tion Control; CWA National Pollutant Dis-
charge Elimination System; CWA Section 
404 Dredge or Fill Programs; and CAA 
Prevention of Significant Deterioration’’ 
and published in the Federal Register on 
May 19, 1980 (45 Fed. Reg. 33290), with 
respect to the definition of the ‘‘waters of 
the United States’’. 
(v) The final rule of the Corps of En-
gineers and the Environmental Protection 
Agency entitled ‘‘Definition of ‘Waters of 
the United States’—Recodification of Pre- 
Existing Rules’’ and published in the Fed-
eral Register on October 22, 2019 (84 
Fed. Reg. 56626). 
(vi) The final rule of the Corps of En-
gineers and the Environmental Protection 
Agency entitled ‘‘The Navigable Waters 
Protection Rule: Definition of ‘Waters of 
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1748 
(IV) environmental effects, such 
as effects created by proximity to— 
(aa) risk management plan 
sites; 
(bb) hazardous waste facili-
ties; 
(cc) sites on the National 
Priorities List developed by the 
President in accordance with sec-
tion 105(a)(8)(B) of the Com-
prehensive 
Environmental 
Re-
sponse, Compensation, and Li-
ability Act of 1980 (42 U.S.C. 
9605(a)(8)(B)); and 
(dd) fossil fuel infrastruc-
ture; 
(ii) investigate how further indicators 
of vulnerability to the impacts of climate 
change (including proximity and exposure 
to sea level rise, wildfire smoke, flooding, 
drought, rising average temperatures, ex-
treme storms, and extreme heat, and fi-
nancial burdens from flood and fire insur-
ance) should be incorporated into the tool 
as an additional set of layers; 
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1749 
(iii) identify and consider the effects 
of other indicators relating to environ-
mental justice for integration into the tool 
as layers, including— 
(I) safe, sufficient, and affordable 
drinking 
water, 
sanitation, 
and 
stormwater services; 
(II) access to and the quality 
of— 
(aa) green space and tree 
canopy cover; 
(bb) healthy food; 
(cc) affordable energy and 
water; 
(dd) transportation; 
(ee) reliable communication 
systems, 
such 
as 
broadband 
internet; 
(ff) child care; 
(gg) 
high-quality 
public 
schools, 
early 
childhood 
edu-
cation, and child care; and 
(hh) health care facilities; 
(III) length of commute; 
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