113 HR 2276 IH: Virgin Valley Tourism and Lake Mead Preservation Act
U.S. House of Representatives
2013-06-06
text/xml
EN
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		I
		113th CONGRESS
		1st Session
		H. R. 2276
		IN THE HOUSE OF REPRESENTATIVES

			June 6, 2013
			Mr. Horsford (for
			 himself and Ms. Titus) introduced the
			 following bill; which was referred to the Committee on Natural
			 Resources

		A BILL
		To promote economic development and to preserve the Lake
		  Mead Area in Clark County, Nevada, in order to conserve, protect, and enhance
		  the cultural, archaeological, natural, wilderness, scientific, geological,
		  historical, biological, wildlife, educational, and scenic resources of the
		  area, to designate wilderness areas, and for other purposes.

		1.Short title; table of
			 contents
			(a)Short
			 titleThis Act may be cited
			 as the Virgin Valley Tourism and Lake
			 Mead Preservation Act.
			(b)Table of
			 contentsThe table of contents for this Act is as follows:

					Sec. 1. Short title; table of contents.
					Sec. 2. Findings.
					Sec. 3. Definitions.
					Title I—Tourism Promotion and Economic Development
					Sec. 101. Findings.
					Sec. 102. Visitor center, research, and
				interpretation.
					Sec. 103. Local consultation on energy development.
					Sec. 104. Local airport development extension and multi-species
				habitat conservation plan.
					Sec. 105. Lake Mead tourism access.
					Sec. 106. Clark County off-road vehicle trail
				designation.
					Sec. 107. Virgin Valley Tourism and Economic Advisory
				Council.
					Title II—Gold Butte National Conservation Area
					Sec. 201. Establishment of Gold Butte National Conservation
				Area.
					Sec. 202. Management of Conservation Area.
					Sec. 203. General provisions.
					Sec. 204. Virgin Valley water district.
					Sec. 205. Gold Butte National Conservation Area Advisory
				Council.
					Title III—Designation of wilderness areas in Clark County,
				Nevada
					Sec. 301. Additions to National Wilderness Preservation
				System.
					Sec. 302. Administration.
					Sec. 303. Adjacent management.
					Sec. 304. Military, law enforcement, and emergency
				overflights.
					Sec. 305. Release of wilderness study areas.
					Sec. 306. Native American cultural and religious
				uses.
					Sec. 307. Wildlife, wildfire, insect, and disease management;
				data collection.
					Sec. 308. National Park System land.
					Title IV—General provisions
					Sec. 401. Termination of withdrawal of Bureau of Land
				Management land.
					Sec. 402. Relationship to Clark Count Multi-Species Habitat
				Conservation Plan.
					Sec. 403. Motorized vehicles.

			2.FindingsCongress finds that—
			(1)the public land north of Lake Mead, in
			 southeastern Nevada generally known as Gold Butte is recognized
			 for outstanding—
				(A)scenic
			 values;
				(B)natural resources,
			 including critical habitat, sensitive species, wildlife, desert tortoise
			 habitat, and geology;
				(C)historic
			 resources, including historic mining, ranching and other western cultures, and
			 pioneer activities; and
				(D)cultural
			 resources, including evidence of prehistoric habitation and rock art;
				(2)Lake Mead and Gold Butte have become a
			 destination for diverse recreation opportunities, including camping, hiking,
			 hunting, fishing, motorized recreation, and sightseeing;
			(3)Lake Mead and Gold Butte draw visitors from
			 throughout the United States;
			(4)Lake Mead and Gold Butte provide important
			 economic benefits to Mesquite and other nearby communities;
			(5)inclusion of the
			 Gold Butte National Conservation Area in the National Landscape Conservation
			 System would provide increased opportunities for—
				(A)interpretation of
			 the diverse values of the area for the visiting public; and
				(B)education and
			 community outreach in the region; and
				(6)designation of
			 Gold Butte as a National Conservation Area will permanently protect the scenic,
			 biological, natural, historical, scientific, paleontological, recreational,
			 ecological, wilderness, and cultural resources within the area.
			3.DefinitionsIn this Act:
			(1)Advisory
			 councilThe term Advisory Council means the Gold
			 Butte National Conservation Area Advisory Council established under title
			 II.
			(2)Conservation
			 areaThe term Conservation Area means the Gold Butte
			 National Conservation Area established by title II.
			(3)CountyThe
			 term County means Clark County, Nevada.
			(4)Designated
			 routeThe term designated route means a road that is
			 designated as open by the Route Designations for Selected Areas of Critical
			 Environmental Concern Located in the Northeast Portion of the Las Vegas BLM
			 District Environmental Assessment, NV–052–2006–0433.
			(5)Virgin Valley
			 Tourism and Economic Advisory CouncilThe term Virgin
			 Valley Tourism and Economic Advisory Council has the meaning designated
			 by section 107.
			(6)Management
			 planThe term management plan means the management
			 plan for the Conservation Area developed under title II.
			(7)MapThe
			 term Map means the map entitled Gold Butte National
			 Conservation Area and dated May 23, 2013.
			(8)Public
			 landThe term public land has the meaning given the
			 term public lands in section 103 of the Federal Land Policy and
			 Management Act of 1976 (43 U.S.C. 1702).
			(9)SecretaryThe
			 term Secretary means the Secretary of the Interior.
			(10)StateThe
			 term State means the State of Nevada.
			(11)Wilderness
			 areaThe term wilderness area means a wilderness
			 areas designated by title III.
			ITourism Promotion
			 and Economic Development
			101.FindingsCongress finds that—
				(1)the management of
			 Federal lands has been shown to be more effective when local stakeholders are
			 regularly consulted to enhance the understanding of unique concerns and
			 opportunities;
				(2)the Lake Mead and Gold Butte areas are rich
			 in cultural, archaeological, natural, historical, and scenic resources;
				(3)the communities
			 adjacent to the Gold Butte National Conservation Area should be able to enjoy
			 recreational access to the region, while preserving the natural beauty and
			 resources of the region;
				(4)the Lake Mead and Gold Butte regions
			 possess significant economic potential;
				(5)the outdoor
			 recreation industry directly impacts Nevada’s economy, bolstering it annually
			 by $14.9 billion in consumer spending and 148,000 jobs; and
				(6)the economic
			 benefits of protected lands include higher growth in investment income and
			 entrepreneurial activity, and an increase in local tourism and new residents
			 seeking the quality of life provided by Federal lands protections.
				102.Visitor center,
			 research, and interpretation
				(a)In
			 generalThe Secretary, acting through the Director of the Bureau
			 of Land Management, may establish, in cooperation with any other public or
			 private entities that the Secretary may determine to be appropriate, a visitor
			 center and field office in Mesquite, Nevada—
					(1)to serve visitors;
			 and
					(2)to assist in
			 fulfilling the purposes of—
						(A)the Lake Mead
			 National Recreation Area;
						(B)the Grand
			 Canyon-Parashant National Monument; and
						(C)the Conservation
			 Area.
						(b)RequirementsThe
			 Secretary shall ensure that the visitor center authorized under subsection (a)
			 is designed—
					(1)to interpret the
			 scenic, biological, natural, historical, scientific, paleontological,
			 recreational, ecological, wilderness, and cultural resource of each of the
			 areas described in that subsection; and
					(2)to serve as an
			 interagency field office for each of the areas described in that
			 subsection.
					(c)Cooperative
			 agreementsThe Secretary may, in a manner consistent with this
			 Act, enter into cooperative agreements with the State, the State of Arizona,
			 and any other appropriate institutions and organizations to carry out the
			 purposes of this section.
				103.Local
			 consultation on energy developmentAs soon as practicable, but not later than 2
			 years, after the date of the enactment of this title, the Secretary, in
			 cooperation with the Virgin Valley Tourism and Economic Advisory Council and
			 any other public or private entities that the Secretary may determine to be
			 appropriate, shall complete a study regarding local renewable energy
			 development in accordance with the National Environmental Policy Act of 1969
			 (42 U.S.C. 4321 et seq.), the Endangered Species Act of 1973, and the Clark
			 County Multi-Species Habitat Conservation Plan.
			104.Local airport
			 development extension and multi-species habitat conservation plan
				(a)Extension of
			 purchase authority and withdrawalsSection 3 of Public Law 99–548
			 (100 Stat. 3061, 113 Stat. 1501A–166) is amended—
					(1)in subsection
			 (e)—
						(A)in paragraph
			 (1)(A), by striking For a period of 12 years after the date of the
			 enactment of this Act and inserting Until November 29,
			 2021;
						(B)in paragraph (3),
			 by striking Not later than 10 years after the date of the enactment of
			 this subsection and inserting Not later than November 29,
			 2021; and
						(C)in paragraph (5),
			 by striking the date that is 12 years after the date of the enactment of
			 this subsection and inserting November 29, 2021;
			 and
						(2)in subsection
			 (f)(3), by striking the date that is 12 years after the date of the
			 enactment of this subsection and inserting November 29,
			 2021.
					(b)Implementation
			 of multi-Species habitat conservation plansSection 3(d)(3)(B) of Public Law 99–548
			 (100 Stat. 3061, 116 Stat. 2018) is amended by inserting and
			 implementation after development.
				105.Lake Mead
			 tourism accessNot later than
			 2 years after the date of the enactment of this Act, the Secretary, in
			 consultation with the Virgin Valley Tourism and Economic Advisory Council, as
			 defined in section 107 of this Act, shall implement a plan to provide local
			 boat access to Lake Mead, in accordance with the National Environmental Policy
			 Act of 1969 (42 U.S.C. 4321 et seq.), the Endangered Species Act of 1973, and
			 the Clark County Multi-Species Habitat Conservation Plan.
			106.Clark County
			 off-road vehicle trail designation
				(a)Study
					(1)In
			 generalNot later than 2 years after the enactment of this Act,
			 the Secretary shall complete a study with a focus on existing, designated
			 routes outside the National Conservation Area established by this Act in
			 accordance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321
			 et seq.), the Endangered Species Act of 1973, and the Clark County
			 Multi-Species Habitat Conservation Plan for an Off-Highway Vehicle Trail
			 (referred to in this section as the Trail).
					(2)Preferred
			 routeBased on the study
			 conducted under paragraph (1), the Secretary, in consultation with the Virgin
			 Valley Tourism and Economic Advisory Council, as defined in section 3 of this
			 Act, and any interested persons, shall identify the preferred route for the
			 Trail.
					(b)Designation of
			 Trail
					(1)In
			 generalSubject to paragraph (2), not later than 1 year after the
			 date on which the study is completed under subsection (a), the Secretary may
			 designate a Trail.
					(2)LimitationsThe
			 Secretary may designate a Trail after determining a route for the Trail that
			 would not have significant negative impacts on wildlife, natural or cultural
			 resources, or traditional uses.
					107.Virgin Valley
			 Tourism and Economic Advisory Council
				(a)EstablishmentNot
			 later than 180 days after the date of the enactment of this Act, the Secretary
			 shall establish an advisory council, to be known as the Virgin Valley
			 Tourism and Economic Advisory Council.
				(b)Applicable
			 lawThe Virgin Valley Tourism and Economic Advisory Council shall
			 be subject to the Federal Advisory Committee Act (5 U.S.C. App.).
				(c)Members
					(1)In
			 generalThe Virgin Valley Tourism and Economic Advisory Council
			 shall include 13 members to be appointed by the Secretary, of whom, to the
			 extent practicable—
						(A)4 members shall be
			 appointed after considering the recommendations of the Mesquite, Nevada, City
			 Council;
						(B)1 member shall be
			 appointed after considering the recommendations of the Bunkerville, Nevada,
			 Town Advisory Board;
						(C)1 member shall be
			 appointed after considering the recommendations of the Moapa Valley, Nevada,
			 Town Advisory Board;
						(D)1 member shall be
			 appointed after considering the recommendations of the Moapa, Nevada, Town
			 Advisory Board;
						(E)1 member shall be
			 appointed after considering the recommendations of the Moapa Band of Paiutes
			 Tribal Council; and
						(F)5 at-large members
			 from the County shall be appointed after considering the recommendations of the
			 County Commission.
						(2)RepresentationThe
			 Secretary shall ensure that the membership of the Virgin Valley Tourism and
			 Economic Advisory Council is fairly balanced in terms of the points of view
			 represented and the functions to be performed by the Virgin Valley Tourism and
			 Economic Advisory Council.
					(3)Initial
			 appointmentNot later than 180 days after the date of the
			 enactment of this Act, the Secretary shall appoint the initial members of the
			 Virgin Valley Tourism and Economic Advisory Council in accordance with
			 paragraph (1).
					(d)Duties of the
			 virgin valley tourism and economic advisory councilThe Virgin
			 Valley Tourism and Economic Advisory Council shall advise the Secretary with
			 respect to the preparation and implementation of economic development
			 initiatives.
				(e)CompensationMembers
			 of the Virgin Valley Tourism and Economic Advisory Council shall receive no
			 compensation for serving on the Council.
				(f)Chairperson
					(1)In
			 generalThe Virgin Valley Tourism and Economic Advisory Council
			 shall elect a Chairperson from among its members.
					(2)TermThe
			 term of the Chairperson shall be 3 years.
					(g)Term of
			 members
					(1)In
			 generalThe term of a member of the Virgin Valley Tourism and
			 Economic Advisory Council shall be 3 years.
					(2)SuccessorsNotwithstanding
			 the expiration of a 3-year term of a member of the Virgin Valley Tourism and
			 Economic Advisory Council, a member may continue to serve on the Virgin Valley
			 Tourism and Economic Advisory Council until a successor is appointed.
					(h)Vacancies
					(1)In
			 generalA vacancy on the Virgin Valley Tourism and Economic
			 Advisory Council shall be filled in the same manner in which the original
			 appointment was made.
					(2)Appointment for
			 remainder of termA member appointed to fill a vacancy on the
			 Virgin Valley Tourism and Economic Advisory Council shall serve for the
			 remainder of the term for which the predecessor was appointed.
					IIGold
			 Butte National Conservation Area
			201.Establishment
			 of Gold Butte National Conservation Area
				(a)EstablishmentThere
			 is established the Gold Butte National Conservation Area in the State.
				(b)Area
			 includedThe Conservation Area shall consist of approximately
			 348,515 acres of public land administered by the Bureau of Land Management in
			 the County, as generally depicted on the Map.
				(c)Map and legal
			 description
					(1)In
			 generalAs soon as practicable after the date of the enactment of
			 this Act, the Secretary shall file a map and legal description of the
			 Conservation Area with the Committee on Natural Resources of the House of
			 Representatives and the Committee on Energy and Natural Resources of the
			 Senate.
					(2)EffectThe
			 map and legal description prepared under paragraph (1) shall have the same
			 force and effect as if included in this title, except that the Secretary may
			 correct minor errors in the map or legal description.
					(3)Public
			 availabilityA copy of the map and legal description shall be on
			 file and available for public inspection in the appropriate offices of the
			 Bureau of Land Management and the National Park Service.
					202.Management of
			 Conservation Area
				(a)PurposesIn
			 accordance with this title, the Federal Land Policy and Management Act of 1976
			 (43 U.S.C. 1701 et seq.), and other applicable laws, the Secretary shall manage
			 the Conservation Area in a manner that conserves, protects, and enhances the
			 scenic, biological, natural, historical, scientific, paleontological,
			 recreational, ecological, wilderness, and cultural resources of the
			 Conservation Area.
				(b)Management
			 plan
					(1)Plan
			 requiredNot later than 3 years after the date of the enactment
			 of this Act, the Secretary shall develop a management plan for the long-term
			 protection and management of the Conservation Area.
					(2)ConsultationThe
			 Secretary shall prepare the management plan in consultation with the State,
			 local and tribal government entities, the Advisory Council, and the
			 public.
					(3)RequirementsThe
			 management plan shall—
						(A)describe the
			 appropriate uses and management of the Conservation Area; and
						(B)include a
			 recommendation on interpretive and educational materials regarding the cultural
			 and biological resources of the region within which the Conservation Area is
			 located.
						(4)Incorporation of
			 route designationsThe management plan shall incorporate the
			 decisions in the Route Designations for Selected Areas of Critical
			 Environmental Concern Located in the Northeast Portion of the Las Vegas BLM
			 District Environmental Assessment, NV–052–2006–0433.
					(c)UsesThe
			 Secretary shall allow only such uses of the Conservation Area that the
			 Secretary determines would further the purpose of the Conservation Area
			 described in subsection (a).
				(d)Incorporation of
			 acquired land and interestsAny land or interests in land located
			 within the boundary of the Conservation Area that is acquired by the United
			 States after the date of the enactment of this Act shall become part of the
			 Conservation Area and be managed as provided in subsection (a).
				(e)National
			 landscape conservation systemThe Conservation Area shall be
			 administered as a component of the National Landscape Conservation
			 System.
				(f)Hunting,
			 fishing, and trappingNothing in this title affects the
			 jurisdiction of the State with respect to fish and wildlife, including hunting,
			 fishing, and trapping in the Conservation Area.
				203.General
			 provisions
				(a)No buffer
			 zones
					(1)In
			 generalThe establishment of the Conservation Area shall not
			 create an express or implied protective perimeter or buffer zone around the
			 Conservation Area.
					(2)Private
			 landIf the use of, or conduct of an activity on, private land
			 that shares a boundary with the Conservation Area is consistent with applicable
			 law, nothing in this title concerning the establishment of the Conservation
			 Area prohibits or limits the use or conduct of the activity.
					(b)WithdrawalsSubject
			 to valid existing rights, all public land within the Conservation Area,
			 including any land or interest in land that is acquired by the United States
			 within the Conservation Area after the date of the enactment of this Act, is
			 withdrawn from—
					(1)entry,
			 appropriation or disposal under the public land laws;
					(2)location, entry,
			 and patent under the mining laws; and
					(3)operation of the
			 mineral leasing, mineral materials, and geothermal leasing laws.
					(c)Special
			 management areas
					(1)In
			 generalThe establishment of the Conservation Area shall not
			 affect the management status of any area within the boundary of the
			 Conservation Area that is protected under the Clark County Multi-Species
			 Habitat Conservation Plan.
					(2)Conflict of
			 lawsIf there is a conflict between the laws applicable to an
			 area described in paragraph (1) and this title, the more restrictive provision
			 shall control.
					204.Virgin Valley
			 water districtNotwithstanding
			 any other provisions of law, the Secretary shall manage the area to allow
			 continued and reasonable use and access by the Virgin Valley Water District,
			 including use of motorized vehicles and equipment, within its rights-of-way, to
			 access, monitor, maintain, and operate water diversions, facilities, and
			 improvements facilitating lawful beneficial use of its existing and future
			 water rights appropriated under applicable State law.
			205.Gold Butte
			 National Conservation Area Advisory Council
				(a)EstablishmentNot
			 later than 180 days after the date of the enactment of this Act, the Secretary
			 shall establish an advisory council, to be known as the Gold Butte
			 National Conservation Area Advisory Council.
				(b)DutiesThe
			 Advisory Council shall advise the Secretary with respect to the preparation and
			 implementation of the management plan.
				(c)Applicable
			 lawThe Advisory Council shall be subject to—
					(1)the Federal
			 Advisory Committee Act (5 U.S.C. App.); and
					(2)the Federal Land
			 Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.).
					(d)Members
					(1)In
			 generalThe Advisory Council shall include 13 members to be
			 appointed by the Secretary, of whom, to the extent practicable—
						(A)4 members shall be
			 appointed after considering the recommendations of the Mesquite, Nevada, City
			 Council;
						(B)1 member shall be
			 appointed after considering the recommendations of the Bunkerville, Nevada,
			 Town Advisory Board;
						(C)1 member shall be
			 appointed after considering the recommendations of the Moapa Valley, Nevada,
			 Town Advisory Board;
						(D)1 member shall be
			 appointed after considering the recommendations of the Moapa, Nevada, Town
			 Advisory Board;
						(E)1 member shall be
			 appointed after considering the recommendations of the Moapa Band of Paiutes
			 Tribal Council; and
						(F)5 at-large members
			 from the County shall be appointed after considering the recommendations of the
			 County Commission.
						(2)Special
			 appointment considerationsThe at-large members appointed under
			 paragraph (1)(F) shall have backgrounds that reflect—
						(A)the purposes for
			 which the Conservation Area was established; and
						(B)the interests of
			 persons affected by the planning and management of the Conservation
			 Area.
						(3)RepresentationThe
			 Secretary shall ensure that the membership of the Advisory Council is fairly
			 balanced in terms of the points of view represented and the functions to be
			 performed by the Advisory Council.
					(4)Initial
			 appointmentNot later than 180 days after the date of the
			 enactment of this Act, the Secretary shall appoint the initial members of the
			 Advisory Council in accordance with paragraph (1).
					(e)Duties of the
			 advisory councilThe Advisory Council shall advise the Secretary
			 with respect to the preparation and implementation of the management plan,
			 including budgetary matters relating to the Conservation Area.
				(f)CompensationMembers
			 of the Advisory Council shall receive no compensation for serving on the
			 Advisory Council.
				(g)Chairperson
					(1)In
			 generalThe Advisory Council shall elect a Chairperson from among
			 the members of the Advisory Council.
					(2)TermThe
			 term of the Chairperson shall be 3 years.
					(h)Term of
			 members
					(1)In
			 generalThe term of a member of the Advisory Council shall be 3
			 years.
					(2)SuccessorsNotwithstanding
			 the expiration of a 3-year term of a member of the Advisory Council, a member
			 may continue to serve on the Advisory Council until a successor is
			 appointed.
					(i)Vacancies
					(1)In
			 generalA vacancy on the Advisory Council shall be filled in the
			 same manner in which the original appointment was made.
					(2)Appointment for
			 remainder of termA member appointed to fill a vacancy on the
			 Advisory Council shall serve for the remainder of the term for which the
			 predecessor was appointed.
					(j)TerminationThe
			 Advisory Council shall terminate not later than 3 years after the date on which
			 the final version of the management plan is published.
				IIIDesignation of
			 wilderness areas in Clark County, Nevada
			301.Additions to
			 National Wilderness Preservation System
				(a)AdditionsIn
			 furtherance of the Wilderness Act (16 U.S.C. 1131 et seq.), the following
			 public land administered by the National Park Service or the Bureau of Land
			 Management in the County is designated as wilderness and as components of the
			 National Wilderness Preservation System:
					(1)Virgin peak
			 wildernessCertain public land managed by the Bureau of Land
			 Management, comprising approximately 18,296 acres, as generally depicted on the
			 Map, which shall be known as the Virgin Peak Wilderness.
					(2)Black ridge
			 wildernessCertain public land managed by the Bureau of Land
			 Management, comprising approximately 18,192 acres, as generally depicted on the
			 Map, which shall be known as the Black Ridge Wilderness.
					(3)Bitter ridge
			 north wildernessCertain public land managed by the Bureau of
			 Land Management comprising approximately 15,114 acres, as generally depicted on
			 the Map, which shall be known as the Bitter Ridge North
			 Wilderness.
					(4)Bitter ridge
			 south wildernessCertain public land managed by the Bureau of
			 Land Management, comprising approximately 12,646 acres, as generally depicted
			 on the Map, which shall be known as the Bitter Ridge
			 Wilderness.
					(5)Billy goat peak
			 wildernessCertain public land managed by the Bureau of Land
			 Management, comprising approximately 30,460 acres, as generally depicted on the
			 Map, which shall be known as the Billy Goat Peak
			 Wilderness.
					(6)Million hills
			 wildernessCertain public land managed by the Bureau of Land
			 Management, comprising approximately 24,818 acres, as generally depicted on the
			 Map, which shall be known as the Million Hills Wilderness.
					(7)Lake mead
			 wildernessCertain public land within the Lake Mead National
			 Recreation Area, comprising approximately 102,032 acres, as generally depicted
			 on the Map, which shall be known as the Lake Mead
			 Wilderness.
					(b)National
			 landscape conservation systemThe wilderness areas administered
			 by the Bureau of Land Management shall be administered as components of the
			 National Landscape Conservation System.
				(c)Road
			 offsetThe boundary of any portion of a wilderness area that is
			 bordered by a road shall be at least 100 feet away from the centerline of the
			 road so as not to interfere with public access.
				(d)Lake
			 offsetThe boundary of any portion of a wilderness area that is
			 bordered by Lake Mead or the Colorado River shall be 300 feet inland from the
			 high water line.
				(e)Map and legal
			 description
					(1)In
			 generalAs soon as practicable after the date of the enactment of
			 this Act, the Secretary shall file a map and legal description of each
			 wilderness area with the Committee on Natural Resources of the House of
			 Representatives and the Committee on Energy and Natural Resources of the
			 Senate.
					(2)EffectEach
			 map and legal description under paragraph (1) shall have the same force and
			 effect as if included in this title, except that the Secretary may correct
			 clerical and typographical errors in the map or legal description.
					(3)AvailabilityEach
			 map and legal description under paragraph (1) shall be on file and available
			 for public inspection in the appropriate offices of the Bureau of Land
			 Management and the National Park Service.
					302.Administration
				(a)ManagementSubject
			 to valid existing rights, the wilderness areas shall be administered by the
			 Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.),
			 except that—
					(1)any reference in
			 that Act to the effective date of that Act shall be considered to be a
			 reference to the date of the enactment of this Act; and
					(2)any reference in
			 that Act to the Secretary of Agriculture shall be considered to be a reference
			 to the Secretary.
					(b)Incorporation of
			 acquired land and interestsAny land or interest in land within
			 the boundaries of a wilderness area that is acquired by the United States after
			 the date of the enactment of this Act shall be added to, and administered as
			 part of, the wilderness area within which the acquired land or interest is
			 located.
				(c)Water
			 rights
					(1)FindingsCongress
			 finds that—
						(A)the land
			 designated as a wilderness area—
							(i)is
			 within the Mojave Desert;
							(ii)is
			 arid in nature; and
							(iii)includes
			 ephemeral streams;
							(B)the hydrology of
			 the land designated as a wilderness area is locally characterized by complex
			 flow patterns and alluvial fans with impermanent channels;
						(C)the subsurface
			 hydrogeology of the region within which the land designated as a wilderness
			 area is located is characterized by ground water subject to local and regional
			 flow gradients and artesian aquifers;
						(D)the land
			 designated as a wilderness area is generally not suitable for use or
			 development of new water resource facilities;
						(E)there are no
			 actual or proposed water resource facilities and no opportunities for
			 diversion, storage, or other uses of water occurring outside the land
			 designated as a wilderness area that would adversely affect the wilderness or
			 other values of the land; and
						(F)because of the
			 unique nature and hydrology of the desert land designated as a wilderness area
			 and the existence of the Clark County Multi-Species Habitat Conservation Plan,
			 it is possible to provide for proper management and protection of the
			 wilderness, perennial springs, and other values of the land in ways different
			 than the methods used in other laws.
						(2)Statutory
			 construction
						(A)No
			 reservationNothing in this title constitutes an express or
			 implied reservation by the United States of any water or water rights with
			 respect to the land designated as a wilderness area.
						(B)State
			 rightsNothing in this title affects any water rights in the
			 State existing on the date of the enactment of this Act, including any water
			 rights held by the United States.
						(C)No
			 precedentNothing in this subsection establishes a precedent with
			 regard to any future wilderness designations.
						(D)No effect on
			 compactsNothing in this title limits, alters, modifies, or
			 amends any of the interstate compacts or equitable apportionment decrees that
			 apportion water among and between the State and other States.
						(3)Nevada water
			 lawThe Secretary shall follow the procedural and substantive
			 requirements of State law in order to obtain and hold any water rights not in
			 existence on the date of the enactment of this Act with respect to the land
			 designated as a wilderness area.
					(4)New
			 projects
						(A)Definition
							(i)In
			 generalIn this paragraph, the term water resource
			 facility means irrigation and pumping facilities, reservoirs, water
			 conservation works, aqueducts, canals, ditches, pipelines, wells, hydropower
			 projects, and transmission and other ancillary facilities, and other water
			 diversion, storage, and carriage structures.
							(ii)ExclusionIn
			 this paragraph, the term water resource facility does not include
			 wildlife guzzlers.
							(B)No licenses or
			 permitsExcept as otherwise provided in this title, on and after
			 the date of the enactment of this Act, neither the President nor any other
			 officer, employee, or agent of the United States shall fund, assist, authorize,
			 or issue a license or permit for the development of any new water resource
			 facility within the land designated as a wilderness area.
						(d)WithdrawalSubject
			 to valid existing rights, any Federal land within the wilderness areas,
			 including any land or interest in land that is acquired by the United States
			 within the Conservation Area after the date of the enactment of this Act, is
			 withdrawn from—
					(1)entry,
			 appropriation, or disposal under the public land laws;
					(2)location, entry,
			 and patent under the mining laws; and
					(3)operation of the
			 mineral leasing, mineral materials, and geothermal leasing laws.
					303.Adjacent
			 management
				(a)No buffer
			 zonesCongress does not intend for the designation of land as
			 wilderness areas to lead to the creation of protective perimeters or buffer
			 zones around the wilderness areas.
				(b)Nonwilderness
			 activitiesThe fact that nonwilderness activities or uses can be
			 seen or heard from areas within a wilderness area shall not preclude the
			 conduct of those activities or uses outside the boundary of the wilderness
			 area.
				304.Military, law
			 enforcement, and emergency overflightsNothing in this Act restricts or
			 precludes—
				(1)low-level
			 overflights of military, law enforcement, or emergency medical services
			 aircraft over the area designated as wilderness by this Act, including
			 military, law enforcement, or emergency medical services overflights that can
			 be seen or heard within the wilderness area;
				(2)flight testing and
			 evaluation; or
				(3)the designation or
			 creation of new units of special use airspace, or the establishment of
			 military, law enforcement, or emergency medical services flight training
			 routes, over the wilderness area.
				305.Release of
			 wilderness study areas
				(a)FindingCongress
			 finds that, for the purposes of section 603 of the Federal Land Policy and
			 Management Act of 1976 (43 U.S.C. 1782), the Bureau of Land Management land in
			 any portion of the wilderness study areas located within the Conservation Area
			 not designated as a wilderness area has been adequately studied for wilderness
			 designation.
				(b)ReleaseAny
			 Bureau of Land Management land described in subsection (a) that is not
			 designated as a wilderness area—
					(1)is no longer
			 subject to section 603(c) of the Federal Land Policy and Management Act of 1976
			 (43 U.S.C. 1782(c));
					(2)shall be managed
			 in accordance with—
						(A)the land
			 management plans adopted under section 202 of that Act (43 U.S.C. 1712);
			 and
						(B)cooperative
			 conservation agreements in existence on the date of the enactment of this Act;
			 and
						(3)shall be subject
			 to the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).
					306.Native American
			 cultural and religious usesNothing in this title diminishes—
				(1)the rights of any Indian tribe; or
				(2)tribal rights regarding access to Federal
			 land for tribal activities, including spiritual, cultural, and traditional
			 food-gathering activities.
				307.Wildlife,
			 wildfire, insect, and disease management; data collection
				(a)In
			 generalIn accordance with section 4(d)(7) of the Wilderness Act
			 (16 U.S.C. 1133(d)(7)), nothing in this title affects or diminishes the
			 jurisdiction of the State with respect to fish and wildlife management,
			 including the regulation of hunting, fishing, and trapping, in the wilderness
			 areas.
				(b)Management
			 activities
					(1)In
			 generalIn furtherance of the purposes and principles of the
			 Wilderness Act (16 U.S.C. 1131 et seq.), management activities to maintain or
			 restore fish and wildlife populations and the habitats to support the
			 populations may be carried out within the wilderness areas, if the
			 activities—
						(A)are consistent
			 with relevant wilderness management plans; and
						(B)are carried out in
			 accordance with appropriate policies, such as those set forth in Appendix B of
			 House Report 101–405.
						(2)Use of motorized
			 vehiclesThe management activities under paragraph (1) may
			 include the occasional and temporary use of motorized vehicles, if the use, as
			 determined by the Secretary, would—
						(A)promote healthy,
			 viable, and more naturally distributed wildlife populations that would enhance
			 wilderness values; and
						(B)accomplish the
			 purposes described in subparagraph (A) with the minimum impact necessary to
			 reasonably accomplish the task.
						(c)Existing
			 activitiesConsistent with section 4(d)(1) of the Wilderness Act
			 (16 U.S.C. 1133(d)(1)) and in accordance with appropriate policies such as
			 those set forth in Appendix B of House Report 101–405, the State may continue
			 to use aircraft (including helicopters) to survey, capture, transplant,
			 monitor, and provide water for wildlife populations, including bighorn sheep,
			 and feral stock, horses, and burros.
				(d)Wildlife water
			 development projectsSubject to subsection (f), the Secretary
			 shall authorize structures and facilities, including existing structures and
			 facilities, for wildlife water development projects, including guzzlers, in the
			 wilderness areas if—
					(1)the structures and
			 facilities will, as determined by the Secretary, enhance wilderness values by
			 promoting healthy, viable and more naturally distributed wildlife populations;
			 and
					(2)the visual impacts
			 of the structures and facilities on the wilderness areas can reasonably be
			 minimized.
					(e)Hunting,
			 fishing, and trapping
					(1)In
			 generalThe Secretary may designate, by regulation, areas in
			 which, and establish periods during which, for reasons of public safety,
			 administration, or compliance with applicable laws, no hunting, fishing, or
			 trapping will be permitted in the wilderness areas.
					(2)ConsultationExcept
			 in emergencies, the Secretary shall consult with the appropriate State agency
			 before promulgating regulations under paragraph (1).
					(f)Cooperative
			 agreementThe State, including a designee of the State, may
			 conduct wildlife management activities in the wilderness areas—
					(1)in accordance with
			 the terms and conditions specified in the cooperative agreement between the
			 Secretary and the State entitled Memorandum of Understanding between the
			 Bureau of Land Management and the Nevada Department of Wildlife Supplement No.
			 9 and signed November and December 2003, including any amendments to the
			 cooperative agreement agreed to by the Secretary and the State; and
					(2)subject to all
			 applicable laws (including regulations).
					(g)Wildfire,
			 insect, and disease management
					(1)In
			 generalIn accordance with section 4(d)(1) of the Wilderness Act
			 (16 U.S.C. 1133(d)(1)), the Secretary may take such measures in each wilderness
			 area as the Secretary determines to be necessary for the control of fire,
			 insects, and diseases (including, as the Secretary determines to be
			 appropriate, the coordination of the activities with a State or local
			 agency).
					(2)EffectNothing
			 in this Act precludes a Federal, State, or local agency from conducting
			 wildfire management operations (including operations using aircraft or
			 mechanized equipment) in accordance with section 4(d)(1) of the Wilderness Act
			 (16 U.S.C. 1133(d)(1)).
					(h)Data
			 collectionSubject to such terms and conditions as the Secretary
			 may require, nothing in this title precludes the installation and maintenance
			 of hydrologic, meteorologic, or climatological collection devices in the
			 wilderness areas if the facilities and access to the facilities are essential
			 to flood warning, flood control, and water reservoir operation
			 activities.
				308.National Park
			 System landTo the extent any
			 of the provisions of this title are in conflict with laws (including
			 regulations) or management policies applicable to Federal land within the Lake
			 Mead National Recreation Area designated as a wilderness area, the laws
			 (including regulations) or policies shall control.
			IVGeneral
			 provisions
			401.Termination of
			 withdrawal of Bureau of Land Management land
				(a)Termination of
			 withdrawalThe withdrawal of the parcels of Bureau of Land
			 Management land described in subsection (b) for use by the Bureau of
			 Reclamation is terminated.
				(b)Description of
			 landThe parcels of land referred to in subsection (a) consist of
			 the Bureau of Land Management land identified on the Map as Transfer from
			 BOR to BLM.
				(c)Map and legal
			 description
					(1)In
			 generalAs soon as practicable after the date of enactment of
			 this Act, the Secretary shall finalize the legal description of the land
			 reverting to the Bureau of Land Management under subsection (a).
					(2)Minor
			 errorsThe Secretary may correct any minor error in—
						(A)the Map; or
						(B)the legal
			 description.
						(3)AvailabilityThe
			 Map and legal description shall be on file and available for public inspection
			 in the appropriate offices of the Bureau of Land Management and the Bureau of
			 Reclamation.
					402.Relationship to
			 Clark County Multi-Species Habitat Conservation Plan
				(a)Amendment to
			 PlanThe Secretary shall
			 credit, on an acre-for-acre basis, approximately 124,000 acres of multiple use
			 lands being conserved under this Act toward the development of additional
			 non-Federal land within the County through an amendment to the Clark County
			 Multi-Species Habitat Conservation Plan.
				(b)Conservation
			 management areasThe Secretary shall credit the Conservation Area
			 and the wilderness areas as Conservation Management Areas, as may be required
			 by the Clark County Multi-Species Habitat Conservation Plan (including
			 amendments to the plan).
				(c)Conservation
			 management areasNothing in this Act otherwise limits, alters,
			 modifies, or amends the Clark County Multi-Species Habitat Conservation Plan
			 with respect to the Conservation Area and the wilderness areas, including the
			 specific management actions contained in the Clark County Multi-Species Habitat
			 Conservation Plan for the conservation of perennial springs.
				(d)Management
			 planIn developing the management plan, to the extent consistent
			 with this section, the Secretary may incorporate any provision of the Clark
			 County Multi-Species Habitat Conservation Plan.
				403.Motorized
			 vehicles
				(a)In
			 generalThe use of motorized vehicles shall be permitted on
			 designated routes.
				(b)ExceptionsIn
			 cases which motorized vehicles are required to respond to an emergency, or for
			 administrative purposes, the use of vehicles shall be permitted beyond
			 designated routes.
				(c)NoticeThe
			 Secretary shall provide information to the public regarding any designated
			 routes that are open, have been rerouted, or are temporarily closed
			 through—
					(1)use of appropriate
			 signage within the Conservation Area; and
					(2)the distribution
			 of maps, safety education materials, law enforcement, and other information
			 considered to be appropriate by the Secretary.
					(d)No effect on
			 non-Federal land or interests in non-Federal landNothing in this
			 section affects ownership, management, or other rights relating to non-Federal
			 land or interests in non-Federal land.
				(e)Map on
			 fileThe Secretary shall keep a current map on file at the
			 appropriate offices of the Bureau of Land Management.


113 HR 3229 IH: Indian Health Service Advance Appropriations Act of 2013
U.S. House of Representatives
2013-10-01
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 CONGRESS1st Session
H. R. 3229
IN THE HOUSE OF REPRESENTATIVES

October 1, 2013
Mr. Young of Alaska (for himself and Mr. Ben Ray Luján of New Mexico) introduced the following bill; which was referred to the Committee on the Budget, and in addition to the Committees on Natural Resources and Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL
To amend the Indian Health Care Improvement Act to authorize advance appropriations for the Indian Health Service by providing 2-fiscal-year budget authority, and for other purposes.

1.Short titleThis Act may be cited as the Indian Health Service Advance Appropriations Act of 2013.
2.Advance appropriations for certain Indian Health Service accounts
(a)In generalSection 825 of the Indian Health Care Improvement Act (25 U.S.C. 1680o) is amended—
(1)by inserting (a) before There are authorized; and
(2)by adding at the end the following:

(b)For each fiscal year, beginning with fiscal year 2015, discretionary new budget authority provided for the Indian Health Services and Indian Health Facilities accounts of the Indian Health Service shall include advance discretionary new budget authority that first becomes available for the first fiscal year after the budget year.
(c)The Secretary shall include in documents submitted to Congress in support of the President’s budget submitted pursuant to section 1105 of title 31, United States Code, for fiscal year 2015 and each succeeding fiscal year detailed estimates of the funds necessary for the Indian Health Services and Indian Health Facilities accounts of the Indian Health Service for the fiscal year following the fiscal year for which the budget is submitted..
(b)Submission of budget requestSection 1105(a) of title 31, United States Code, is amended—
(1)by striking (37) the list and inserting (39) the list; and
(2)by adding at the end the following new paragraph:

(40)information on estimates of appropriations for the fiscal year following the fiscal year for which the budget is submitted for the following accounts of the Indian Health Service:
(A)Indian Health Services.
(B)Indian Health Facilities..


116 HR 4396 IH: Clean Slate through Repayment Act of 2019
U.S. House of Representatives
2019-09-19
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 CONGRESS1st SessionH. R. 4396IN THE HOUSE OF REPRESENTATIVESSeptember 19, 2019Ms. Mucarsel-Powell (for herself and Ms. Stevens) introduced the following bill; which was referred to the Committee on Education and LaborA BILLTo amend the Higher Education Act of 1965 to remove the record of default on a loan made, insured,
			 or guaranteed under title IV from a borrower’s credit history upon
			 repayment of the full amount due on such loan.

 1.Short titleThis Act may be cited as the Clean Slate through Repayment Act of 2019. 2.Removal of record of defaultPart G of title IV of the Higher Education Act of 1965 (20 U.S.C. 1088 et seq.) is amended by adding at the end the following:

 493E.Removal of record of defaultUpon repaying in full the amount due on a defaulted loan made, insured, or guaranteed under this title, the Secretary, guaranty agency, or other holder of the loan shall request any consumer reporting agency to which the Secretary, guaranty agency or holder, as applicable, reported the default of the loan, to remove the record of the default from the borrower’s credit history..


114 SJ 31 IS: Relating to the disapproval of the proposed foreign military sale to the Government of Pakistan of F–16 Block 52 aircraft.
U.S. Senate
2016-02-25
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.

		IIA
		114th CONGRESS
		2d Session
		S. J. RES. 31
		IN THE SENATE OF THE UNITED STATES

			February 25, 2016
			Mr. Paul introduced the following joint resolution; which was read twice and referred to the Committee on Foreign Relations

		JOINT RESOLUTION
		Relating to the disapproval of the proposed foreign military sale to the Government of Pakistan of
			 F–16 Block 52 aircraft.

 That the issuance of a letter of offer with respect to any of the following proposed sales to the Government of Pakistan (described in the certification Transmittal No. 15–80, sent to the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate pursuant to section 36(b)(1) of the Arms Export Control Act (22 U.S.C. 2776(b)(1))) on February 11, 2016, is hereby prohibited:
 (1)The proposed sale of eight (8) F–16 Block 52 aircraft (two (2) C and six (6) D models), with the Fl00–PW–229 increased performance engine (Transmittal Numbered 15–80).
 (2)The proposed sale of fourteen (14) Joint Helmet Mounted Cueing Systems (JHMCS), and related defense articles and defense services (Transmittal Numbered 15–80).
 (3)The proposed sale of eight (8) AN/APG–68(V)9 radars, and related defense articles and defense services (Transmittal Numbered 15–80).
 (4)The proposed sale of eight (8) ALQ–211(V)9 Advanced Integrated Defensive Electronic Warfare Suites (AIDEWS), and related defense articles and defense services (Transmittal Numbered 15–80).


114 S1628 IS: To preserve the current amount of basic allowance for housing for certain married members of the uniformed services.
U.S. Senate
2015-06-18
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		II
		114th CONGRESS1st Session
		S. 1628
		IN THE SENATE OF THE UNITED STATES

			June 18, 2015
			Mr. Daines introduced the following bill; which was read twice and referred to the Committee on Armed Services

		A BILL
		To preserve the current amount of basic allowance for housing for certain married members of the
			 uniformed services.

		1.Preservation of current basic allowance for housing for certain married members of the uniformed
 servicesNotwithstanding any other provisions of law, the amount of basic allowance for housing payable under section 403 of title 37, United States Code, as of September 30, 2015, to a member of the uniformed services who is married to another member of the uniformed services shall not be reduced unless—
 (1)the member and the member's spouse undergo a permanent change of station requiring a change of residence; or
 (2)the member and the member's spouse move into or commence living in on-base housing.


116 HRES 294 EH: Providing for consideration of the bill (H.R. 1644) to restore the open internet order of the Federal Communications Commission; providing for consideration of the bill (H.R. 2021) to amend the Balanced Budget and Emergency Deficit Control Act of 1985 and to establish a congressional budget for fiscal year 2020; and for other purposes.
U.S. House of Representatives
2019-04-09
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
116th CONGRESS
1st Session
H. RES. 294
In the House of Representatives, U. S.,

April 9, 2019

RESOLUTION
Providing for consideration of the bill (H.R. 1644) to restore the open internet order of the Federal Communications Commission; providing for consideration of the bill (H.R. 2021) to amend the Balanced Budget and Emergency Deficit Control Act of 1985 and to establish a congressional budget for fiscal year 2020; and for other purposes.

That at any time after adoption of this resolution the Speaker may, pursuant to clause 2(b) of rule XVIII, declare the House resolved into the Committee of the Whole House on the state of the Union for consideration of the bill (H.R. 1644) to restore the open internet order of the Federal Communications Commission. The first reading of the bill shall be dispensed with. All points of order against consideration of the bill are waived. General debate shall be confined to the bill and shall not exceed one hour equally divided and controlled by the chair and ranking minority member of the Committee on Energy and Commerce. After general debate the bill shall be considered for amendment under the five-minute rule. In lieu of the amendment in the nature of a substitute recommended by the Committee on Energy and Commerce now printed in the bill, it shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule an amendment in the nature of a substitute consisting of the text of Rules Committee Print 116–10. That amendment in the nature of a substitute shall be considered as read. All points of order against that amendment in the nature of a substitute are waived. No amendment to that amendment in the nature of a substitute shall be in order except those printed in part A of the report of the Committee on Rules accompanying this resolution. Each such amendment may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for division of the question in the House or in the Committee of the Whole. All points of order against such amendments are waived. At the conclusion of consideration of the bill for amendment the Committee shall rise and report the bill to the House with such amendments as may have been adopted. Any Member may demand a separate vote in the House on any amendment adopted in the Committee of the Whole to the bill or to the amendment in the nature of a substitute made in order as original text. The previous question shall be considered as ordered on the bill and amendments thereto to final passage without intervening motion except one motion to recommit with or without instructions.  2.At any time after adoption of this resolution the Speaker may, pursuant to clause 2(b) of rule XVIII, declare the House resolved into the Committee of the Whole House on the state of the Union for consideration of the bill (H.R. 2021) to amend the Balanced Budget and Emergency Deficit Control Act of 1985 and to establish a congressional budget for fiscal year 2020. The first reading of the bill shall be dispensed with. All points of order against consideration of the bill are waived. General debate shall be confined to the bill and shall not exceed one hour equally divided and controlled by the chair and ranking minority member of the Committee on the Budget. After general debate the bill shall be considered for amendment under the five-minute rule. It shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule an amendment in the nature of a substitute consisting of the text of Rules Committee Print 116–11. That amendment in the nature of a substitute shall be considered as read. All points of order against that amendment in the nature of a substitute are waived. No amendment to that amendment in the nature of a substitute shall be in order except those printed in part B of the report of the Committee on Rules accompanying this resolution. Each such amendment may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for division of the question in the House or in the Committee of the Whole. All points of order against such amendments are waived. At the conclusion of consideration of the bill for amendment the Committee shall rise and report the bill to the House with such amendments as may have been adopted. Any Member may demand a separate vote in the House on any amendment adopted in the Committee of the Whole to the bill or to the amendment in the nature of a substitute made in order as original text. The previous question shall be considered as ordered on the bill and amendments thereto to final passage without intervening motion except one motion to recommit with or without instructions.
3.House Resolution 293 is hereby adopted.  4.On any legislative day during the period from April 11, 2019, through April 26, 2019—
(a)the Journal of the proceedings of the previous day shall be considered as approved; and  (b)the Chair may at any time declare the House adjourned to meet at a date and time, within the limits of clause 4, section 5, article I of the Constitution, to be announced by the Chair in declaring the adjournment.
5.The Speaker may appoint Members to perform the duties of the Chair for the duration of the period addressed by section 4 of this resolution as though under clause 8(a) of rule I.  6.Each day during the period addressed by section 4 of this resolution shall not constitute a calendar day for purposes of section 7 of the War Powers Resolution (50 U.S.C. 1546).
7.Each day during the period addressed by section 4 of this resolution shall not constitute a legislative day for purposes of clause 7 of rule XIII.   Cheryl L. Johnson,Clerk.


117 HR 4279 IH: Health Career Advancement and Remuneration Exclusion for Training Act
U.S. House of Representatives
2021-06-30
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. 4279IN THE HOUSE OF REPRESENTATIVESJune 30, 2021Mr. Panetta introduced the following bill; which was referred to the Committee on Ways and MeansA BILLTo improve training requirements for health profession opportunity grant programs and exclude assistance provided by those programs from income tax, and for other purposes.1.Short titleThis Act may be cited as the Health Career Advancement and Remuneration Exclusion for Training Act or the Health CARE Training Act.2.Training requirement for health profession opportunity grant participants(a)In generalSection 2008(a)(2) of the Social Security Act (42 U.S.C. 1397g(a)(2)) is amended by adding at the end the following:(D)TrainingA demonstration project conducted by an eligible entity awarded a grant under this subsection shall provide to an eligible individual participating in the project who is being trained to qualify for a recognized post-secondary credential (including an industry-recognized credential, and a certificate awarded by a local workforce development board established under section 107 of the Workforce Innovation and Opportunity Act) which is awarded in recognition of attainment of measurable technical or occupational skills necessary to gain employment or advance within an occupation, a number of hours of such training that is not less than—(i)the number of hours of training required for certification of that level of skill by the State in which the project is conducted; or(ii)if there is no such requirement, such number of hours of training as the Secretary finds is necessary to achieve that skill level..(b)Effective dateThe amendment made by subsection (a) shall take effect on October 1, 2021.3.Exclusion of assistance provided under a health professions workforce demonstration project from Federal income tax(a)In generalSection 2008(a)(2)(A)(ii) of the Social Security Act (42 U.S.C. 1397g(a)(2)(A)(ii)) is amended to read as follows:(ii)Income disregardAmounts paid to an eligible individual as a cash stipend or as emergency assistance under a project for which a grant is made under this section shall not be considered income for any purpose under the Internal Revenue Code of 1986, and an entity making such a payment shall not be required to submit an information return under subtitle F of such Code with respect to the payment..(b)Effective dateThe amendment made by subsection (a) shall apply with respect to amounts paid on or after October 1, 2021.


		I
		112th CONGRESS
		1st Session
		H. R. 1584
		IN THE HOUSE OF REPRESENTATIVES

			April 15, 2011
			Mr. Lankford
			 introduced the following bill; which was referred to the
			 Committee on Transportation and
			 Infrastructure, and in addition to the Committees on
			 Energy and Commerce and
			 Natural Resources, 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 concerned

		A BILL
		To amend title 23, United States Code, to exempt
		  maintenance activities from certain analysis requirements.

		1.Exemption of maintenance
			 activities from certain analysis requirementsSection 116 of title 23, United States Code,
			 is amended by adding at the end the following:

				(e)Exemption of
				maintenance activities from certain analysis requirementsIn
				maintaining the Federal-aid system to include construction occurring within
				existing rights-of-way previously acquired and reserved for transportation
				purposes pursuant to this section, a State department of transportation shall
				not be required to secure any permit or conduct any analysis under Federal law
				(including any permit, review, analysis, clearance, or impact statement under
				the National Environmental Policy Act of
				1969 (42 U.S.C. 4321 et seq.), the Federal Water Pollution Control
				Act (33 U.S.C. 1251 et seq.), the Clean Air Act (42 U.S.C. 7401 et seq.), the
				Endangered Species Act of 1973 (16
				U.S.C. 1531 et seq.), or the National Historic Preservation Act (16 U.S.C. 470
				et
				seq.)).
				.


		II
		112th CONGRESS
		2d Session
		S. 2172
		IN THE SENATE OF THE UNITED STATES

			March 7, 2012
			Ms. Snowe (for herself,
			 Mrs. Gillibrand,
			 Ms. Landrieu, Mr. Bennet, Mrs.
			 Shaheen, Ms. Mikulski, and
			 Ms. Murkowski) introduced the following
			 bill; which was read twice and referred to the
			 Committee on Small Business and
			 Entrepreneurship

		A BILL
		To remove the limit on the anticipated
		  award price for contracts awarded under the procurement program for women-owned
		  small business concerns, and for other purposes.

		1.Short titleThis Act may be cited as the
			 Fairness in Women-Owned Small Business
			 Contracting Act of 2012.
		2.Procurement program for women-owned small
			 business concernsSection 8(m)
			 of the Small Business Act (15 U.S.C. 637(m)) is amended—
			(1)in paragraph (2)—
				(A)in subparagraph (A), by striking who
			 are economically disadvantaged;
				(B)in subparagraph (C), by striking
			 paragraph (3) and inserting paragraph (4);
				(C)by striking subparagraph (D); and
				(D)by redesignating subparagraphs (E) and (F)
			 as subparagraphs (D) and (E), respectively; and
				(2)by adding at the end the following:

					(7)Sole source contractsA contracting officer may award a sole
				source contract under this subsection to a small business concern owned and
				controlled by women under the same conditions as a sole source contract may be
				awarded to a qualified HUBZone small business concern under section
				31(b)(2)(A).
					.
			3.Study and report on representation of
			 womenSection 29 of the Small
			 Business Act (15 U.S.C. 656) is amended by adding at the end the
			 following:

				(o)Study and report on representation of
				women
					(1)StudyThe Administrator shall periodically
				conduct a study to identify any United States industry, as defined under the
				North American Industry Classification System, in which women are
				underrepresented.
					(2)ReportNot later than 5 years after the date of
				enactment of this subsection, and every 5 years thereafter, the Administrator
				shall submit to the Committee on Small Business and Entrepreneurship of the
				Senate and the Committee on Small Business of the House of Representatives a
				report on the results of each study under paragraph (1) conducted during the
				5-year period ending on the date of the
				report.
					.


114 HR 3156 IH: Fair Chance for Youth Act of 2015
U.S. House of Representatives
2015-07-22
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		114th CONGRESS
		1st Session
		H. R. 3156
		IN THE HOUSE OF REPRESENTATIVES

			July 22, 2015
			Ms. Jackson Lee (for herself, Mr. Conyers, Ms. Bass, Ms. Brown of Florida, Ms. Judy Chu of California, Mr. Cicilline, Mr. Clay, Ms. Clarke of New York, Mr. Cohen, Mrs. Watson Coleman, Mr. Danny K. Davis of Illinois, Mr. Deutch, Ms. Edwards, Mr. Grijalva, Ms. Hahn, Mr. Jeffries, Mr. Johnson of Georgia, Ms. Lee, Ms. Lofgren, Mr. Nadler, Ms. Norton, Mr. Payne, Mr. Pierluisi, Mr. Rangel, Mr. Richmond, Mr. Serrano, Mr. Van Hollen, Ms. Wilson of Florida, Mr. Butterfield, Mr. Veasey, Mr. Ellison, Mr. Peters, Ms. Maxine Waters of California, Mr. Hinojosa, Mr. Vargas, Mr. Al Green of Texas, and Mr. Castro of Texas) introduced the following bill; which was referred to the Committee on the Judiciary

		A BILL
		To provide for the expungement and sealing of youth criminal records, and for other purposes.

 1.Short titleThis Act may be cited as the Fair Chance for Youth Act of 2015. 2.Youth sealing and expungement (a)In generalChapter 229 of title 18, United States Code, is amended by adding at the end the following:

					DExpungement and Sealing of Youth Criminal Records

							Sec.
							3631. Youth Offense Expungement and Sealing Review Board.
							3632. Expungement and sealing for youth.
							3633. Definitions.
							3634. Reporting.

						3631.Youth Offense Expungement and Sealing Review Board
 (a)In generalThe Chief Judge for each Federal District shall establish— (1)a Youth Offense Expungement and Sealing Review Board (hereinafter in this section referred to as the Review Board) to review petitions for discretionary expungement and sealing of youth offenses; and
 (2)the rules and procedures governing the operation of the Review Board in the exercise of its powers under subsection (c).
 (b)CompositionThe Review Board shall include one representative, selected by the Chief Judge to serve without compensation, from each of the following:
 (1)The Department of Justice. (2)The United States Probation and Pretrial Services System.
 (3)The Office of the Federal Defender or a designated Criminal Justice Act panel attorney or private criminal defense attorney.
 (c)PowersThe Review Board shall— (1)review petitions under this subchapter to determine whether the youth, and the offense on which the petition is based, meet the eligibility requirements for expungement or sealing consideration;
 (2)for petitions meeting the eligibility requirements, evaluate those petitions on the merits in order to make a recommendation on the advisability of granting the petition; and
 (3)convey its recommendation, with a written explanation, to the Chief Judge in each Federal District, or a designee of the Chief Judge, for consideration.
 (d)RecommendationIn making its recommendation, the Review Board— (1)shall consider all the evidence and testimony presented in the petition and any hearings held on the petition;
 (2)may not consider any arrest or prosecution that did not result in a conviction and that took place prior to the conviction or arrest the petitioner is seeking to expunge or seal; and
 (3)shall balance— (A)the public safety, the interest of public knowledge, and any legitimate interest of the Government in maintaining the accessibility of the protected information; against
 (B)the interest of the petitioner in having the petition granted, including the benefit to the petition’s ability to positively contribute to the community, and the petitioner’s conduct and demonstrated desire to be rehabilitated.
 (e)Court To consider and decide upon petitionsThe Court shall consider and decide upon each petition for which the court receives a recommendation from the Review Board. The Court’s decision to grant or deny the petition shall give significant weight to the Review Board recommendation. The Court shall grant the petition unless the Government shows the interests described in subsection (d)(3)(A) outweigh the interests of the petitioner described in subsection (d)(3)(B).
 (f)One opportunityA youth may only file a petition for expungement or sealing under this subchapter once and the decision of the district court on the petition shall be final and is not appealable.
 (g)Online forms for petitionsThe Director of the Administrative Office of the United States Courts shall create and make available to the public, online and in paper form, a universal form to file a petition under this section, and establish a process under which indigent petitioners may obtain a waiver of any fee for filing a petition under this section.
 (h)Making available standard forms for court ordersThe Director of the Administrative Office of the United States Courts shall create and make available to the Chief Judge of every Federal district standard expungement and sealing orders that empower the petitioner to seek destruction of records in accordance with the order.
							3632.Expungement and sealing for youth
 (a)Expungement petition eligibilityA youth may petition a district court of the United States for expungement— (1)of the record of any misdemeanor or nonviolent felony drug conviction 3 years after the youth has completed every term of imprisonment related to that misdemeanor or nonviolent felony drug conviction;
 (2)of the record of any person who has not attained the age of 18 at the time of committing the conduct resulting in conviction for any misdemeanor or nonviolent offense 3 years after the person has completed every term of imprisonment related to that misdemeanor or nonviolent offense conviction; and
 (3)of the record of an arrest or prosecution for any nonviolent offense on the date on which the case related to that arrest or prosecution is disposed of.
 (b)Sealing petition eligibilityA youth may petition a district court of the United States, for sealing— (1)of the record of any nonviolent conviction 5 years after the youth has completed every term of imprisonment related to that nonviolent conviction;
 (2)of the record of any person who has not attained the age of 18 at the time of committing the conduct resulting in conviction for any offense 10 years after the person has completed every term of imprisonment related to that offense conviction; and
 (3)of the record of an arrest or prosecution for any nonviolent offense on the date on which the case related to that arrest or prosecution is disposed of.
 (c)Notice of opportunity To file petitionA youth shall be informed of the eligibility to, procedures for, and benefits of filing an expungement or sealing petition—
 (1)by the District Court on the date of conviction; (2)by the Office of Probation and Pretrial Services on the date the youth completes every term of imprisonment; or
 (3)if the arrest or prosecution does not result in a conviction, then by the Department of Justice on the date the case is disposed of.
 (d)Grant of petitionIf a court grants a petition under this section— (1)the person to whom the record pertains may choose to, but is not required to, disclose the existence of the record, and the offense conduct and any arrest, juvenile delinquency proceeding, adjudication, conviction, or other result of such proceeding relating to the offense conduct, shall be treated as if it never occurred;
 (2)the court shall destroy each paper and electronic copy of the record in the possession of the court;
 (3)the court shall issue an expungement or sealing order requiring the destruction of any paper and electronic copies of the record by any court, law enforcement officer, law enforcement agency, treatment or rehabilitation services agency, or employee thereof in possession of those copies;
 (4)any entity or person listed in paragraph (3) that receives an inquiry relating to the record shall reply to the inquiry stating that no such record exists; and
 (5)except as provided in subsection (f), no person shall not be subject to prosecution under any civil or criminal provision of Federal or State law relating to perjury, false swearing, or making a false statement for failing to acknowledge the record or respond to any inquiry made of the of petitioner or the parent relating to the record, for any purpose.
								(e)Civil actions
 (1)In generalIf an individual who has a record expunged or sealed under this section brings an action that might be defended with the contents of the record, there shall be a rebuttable presumption that the defendant has a complete defense to the action.
 (2)Showing by plaintiffIn an action described in paragraph (1), the plaintiff may rebut the presumption of a complete defense by showing that the contents of the record would not prevent the defendant from being liable.
 (3)Duty to testify as to existence of recordThe court in which an action described in paragraph (1) is filed may require the plaintiff to state under oath whether the plaintiff had a record and whether the record was expunged or sealed.
 (4)Proof of existence of recordIf the plaintiff in an action described in paragraph (1) denied the existence of a record, the defendant may prove the existence of the record in any manner compatible with the applicable laws of evidence.
 (f)Attorney General nonpublic recordsThe Attorney General shall— (1)maintain a nonpublic database of all records expunged or sealed under this subchapter;
 (2)disclose, access, or utilize records contained in the nonpublic database only— (A)in defense of any civil suit arising out of the facts contained in the record;
 (B)to determine whether the individual to whom the record relates is eligible for a first-time-offender diversion program;
 (C)for a background check that relates to law enforcement employment or any employment that requires a Government security clearance; or
 (D)if the Attorney General determines that disclosure is necessary to serve the interests of national security; and
 (3)to the extent practicable, notify the individual to whom the record pertains of the disclosure unless it is made pursuant to paragraph (2)(D).
 3633.DefinitionsIn this subchapter— (1)the term youth means an individual who was 21 years of age or younger at the time of the criminal offense for which the individual was arrested, prosecuted, or sentenced;
 (2)the term nonviolent felony means a Federal criminal felony offense that is not— (A)a crime of violence; or
 (B)a sex offense (as that term is defined in section 111 of the Sex Offender Registration and Notification Act);
 (3)the term record means information, whether in paper or electronic form, containing any reference to— (A)an arrest, conviction, or sentence of an individual for an offense;
 (B)the institution of juvenile delinquency or criminal proceedings against an individual for the offense; or
 (C)adjudication, conviction, or any other result of juvenile delinquency or criminal proceedings; (4)the term expunge—
 (A)means to destroy a record and obliterate the name of the person to whom the record pertains from each official index or public record; and
 (B)has the effect described in section 3631(g), including— (i)the right to treat an offense to which an expunged record relates, and any arrest, juvenile delinquency proceeding, adjudication, conviction, or other result of such proceeding relating to the offense, as if it never occurred; and
 (ii)protection from civil and criminal perjury, false swearing, and false statement laws with respect to an expunged record;
 (5)the term seal— (A)means—
 (i)to close a record from public viewing so that the record cannot be examined except by court order; and
 (ii)to physically seal the record shut and label the record SEALED or, in the case of an electronic record, the substantive equivalent; and (B)has the effect described in section 3631(g), including—
 (i)the right to treat an offense to which an expunged record relates, and any arrest, juvenile delinquency proceeding, adjudication, conviction, or other result of such proceeding relating to the offense, as if it never occurred; and
 (ii)protection from civil and criminal perjury, false swearing, and false statement laws with respect to an expunged record;
 (6)the term conviction— (A)means a judgment or disposition in criminal court against a person following a finding of guilt by a judge or jury; and
 (B)for the purposes of this section— (i)multiple convictions shall be deemed to be one conviction if the convictions result from or relate to the same act or acts committed at the same time; and
 (ii)multiple convictions, not to exceed 3, that do not result from or relate to the same act or acts committed at the same time shall be deemed to be one conviction if the convictions result from or relate to the same indictment, information, or complaint, or plea of guilty; and
 (7)the term destroy means to render a file unreadable, whether paper, electronic, or otherwise stored, by shredding, pulverizing, pulping, incinerating, overwriting, reformatting the media, or other means.
 3634.ReportingNot later than 2 years after the date of enactment of this subchapter, and each year thereafter, the Attorney General shall issue a public report that—
 (1)describes— (A)the number of expungement and sealing petitions granted and denied; and
 (B)the number of instances in which the office of a United States attorney supported or opposed an expungement or sealing petition; and
 (2)includes any supporting data that the court determines relevant but does not name any petitioner.. 3.Retroactive EffectThis Act and the amendments made by this Act apply with respect to youth without regard to whether they become involved in the Federal criminal justice system before, on, or after the date of the enactment of this Act.


		V
		111th CONGRESS
		1st Session
		H. R. 357
		IN THE HOUSE OF REPRESENTATIVES

			January 8, 2009
			Ms. Eddie Bernice Johnson of
			 Texas introduced the following bill; which was referred to the
			 Committee on the
			 Judiciary

		A BILL
		For the relief of Jose de Jesus Ibarra, Monica Ibarra
		  Rodriguez, and Cristina Gamez.

		1.Waiver of grounds for removal
			 of, denial of admission to, Jose de Jesus Ibarra, Monica Ibarra Rodriguez, and
			 Cristina Gamez
			(a)In
			 GeneralNotwithstanding sections 212(a) and 237(a) of the
			 Immigration and Nationality Act, Jose de Jesus Ibarra, Monica Ibarra Rodriguez,
			 and Cristina Gamez may not be removed from the United States, or denied
			 admission to the United States, by reason of any act that is a ground for
			 removal or denial of admission and is reflected in the records of the
			 Department of Homeland Security, or the Visa Office of the Department of State,
			 on the date of the enactment of this Act.
			(b)Rescission of
			 Outstanding Order of RemovalThe Secretary of Homeland Security
			 shall rescind any outstanding order of removal, or any finding of
			 inadmissibility or deportability, that has been entered against Jose de Jesus
			 Ibarra, Monica Ibarra Rodriguez, or Cristina Gamez by reason of any act
			 described in subsection (a).
			(c)Establishment of
			 Good Moral CharacterNotwithstanding section 101(f) of the
			 Immigration and Nationality Act, any act described in subsection (a) may not be
			 considered in determining whether each Jose de Jesus Ibarra, Monica Ibarra
			 Rodriguez, or Cristina Gamez is, or during any period has been, a person of
			 good moral character for purposes of the Immigration and Nationality
			 Act.


114 S1649 IS: Sonoran Corridor Interstate Development Act of 2015
U.S. Senate
2015-06-23
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		II
		114th CONGRESS1st Session
		S. 1649
		IN THE SENATE OF THE UNITED STATES

			June 23, 2015
			Mr. McCain (for himself and Mr. Flake) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works

		A BILL
		To amend the Intermodal Surface Transportation Efficiency Act of 1991 to designate the Sonoran
			 Corridor connecting Interstate 19 to Interstate 10 south of the Tucson
			 International Airport, as a future part of the Interstate System.

		1.Short title
 This Act may be cited as the Sonoran Corridor Interstate Development Act of 2015.
 2.FindingsCongress finds that the designation of the Sonoran Corridor Interstate connecting Interstate 19 to Interstate 10 south of the Tucson International Airport as a future part of the Interstate System would—
 (1)enhance direct linkage between major trading routes connecting growing ports, agricultural regions, infrastructure and manufacturing centers, and existing high priority corridors of the National Highway System; and
 (2)significantly improve connectivity on the future Interstate 11 and the CANAMEX Corridor, a route directly linking the United States with Mexico and Canada.
			3.Route designation
 (a)High priority corridors on National Highway SystemSection 1105(c) of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 2032; 119 Stat. 1210) is amended by adding at the end the following:

 (81)State Route 410, the Sonoran Corridor connecting Interstate 19 to Interstate 10 south of the Tucson International Airport..
 (b)Future parts of Interstate SystemSection 1105(e)(5)(A) of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 2033; 119 Stat. 1213) is amended in the first sentence by striking and subsection (c)(57) and inserting subsection (c)(57), and subsection (c)(81).


116 HR 7286 IH: Quit Because of COVID-19 Act
U.S. House of Representatives
2020-06-22
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
116th CONGRESS2d Session
H. R. 7286
IN THE HOUSE OF REPRESENTATIVES

June 22, 2020
Ms. Blunt Rochester (for herself, Ms. DeGette, Mr. Soto, Mr. Engel, and Ms. Barragán) introduced the following bill; which was referred to the Committee on Energy and Commerce

A BILL
To amend title XIX and XXI of the Social Security Act to provide coverage of comprehensive tobacco cessation services under such titles, and for other purposes.

1.Short titleThis Act may be cited as the Quit Because of COVID-19 Act. 2.Coverage of comprehensive tobacco cessation services in Medicaid (a)Requiring Medicaid coverage of counseling and pharmacotherapy for cessation of tobacco useSection 1905 of the Social Security Act (42 U.S.C. 1396d) is amended—
(1)in subsection (a)(4)— (A)in subparagraph (D), by striking and; and
(B)by inserting before the semicolon the following: ; and (E) counseling and pharmacotherapy for cessation of tobacco use by individuals who are eligible under the State plan (as defined in subsection (gg)) during the period beginning on the first day of the emergency period described in section 1135(g)(1)(B) and ending on the last day of the 2-year period after the last day of such emergency period;  (2)by adding at the end the following new subsection:

(gg)For purposes of this title, the term counseling and pharmacotherapy for cessation of tobacco use means diagnostic, therapy, and counseling services and pharmacotherapy (including the coverage of prescription and nonprescription tobacco cessation agents approved by the Food and Drug Administration) for the cessation of tobacco use by individuals who use tobacco products or who are being treated for tobacco use that are furnished— (1)by or under the supervision of a physician; or
(2)by any other health care professional who— (A)is legally authorized to furnish such services under State law (or the State regulatory mechanism provided by State law) of the State in which the services are furnished; and
(B)is authorized to receive payment for other services under this title or is designated by the Secretary for this purpose; which is recommended in the guideline entitled, Treating Tobacco Use and Dependence: 2008 Update: A Clinical Practice Guideline published by the Public Health Service in May 2008 (or any subsequent modification of such guideline) or is recommended for the cessation of tobacco use by the U.S. Preventive Services Task Force or any additional intervention approved by the Food and Drug Administration as safe and effective in helping smokers quit.. (b)No cost sharing (1)In generalSubsections (a)(2) and (b)(2) of section 1916 of the Social Security Act (42 U.S.C. 1396o) are each amended—
(A)in subparagraph (F), by striking or at the end; (B)in subparagraph (G), by striking ; and and inserting , or ; and
(C)by adding at the end the following new subparagraph:  (H)counseling and pharmacotherapy for cessation of tobacco use (as defined in section 1905(gg)) and covered outpatient drugs (as defined in subsection (k)(2) of section 1927 and including nonprescription drugs described in subsection (d)(2) of such section) that are prescribed for purposes of promoting tobacco cessation in accordance with the guideline specified in section 1905(gg)(2)(A) furnished during the period beginning on the first day of the emergency period described in section 1135(g)(1)(B) and ending on the last day of the 2-year period after the last day of such emergency period; and.
(2)Application to alternative cost sharingSection 1916A(b)(3)(B) of the Social Security Act (42 U.S.C. 1396o–1(b)(3)(B)) is amended by adding at the end the following new clause:  (xii)Counseling and pharmacotherapy for cessation of tobacco use (as defined in section 1905(gg)) and covered outpatient drugs (as defined in subsection (k)(2) of section 1927 and including nonprescription drugs described in subsection (d)(2) of such section) that are prescribed for purposes of promoting tobacco cessation in accordance with the guideline specified in section 1905(gg)(2)(A) furnished during the period beginning on the first day of the emergency period described in section 1135(g)(1)(B) and ending on the last day of the 2-year period after the last day of such emergency period..
(c)Exception from optional restriction under Medicaid prescription drug coverageSection 1927(d)(2)(F) of the Social Security Act (42 U.S.C. 1396r–8(d)(2)(F)) is amended to read as follows:  (F)Nonprescription drugs, except, in the case of—
(i)pregnant women when recommended in accordance with the guideline specified in section 1905(bb)(2)(A), agents approved by the Food and Drug Administration under the over-the-counter monograph process for purposes of promoting tobacco cessation; and  (ii)individuals who are eligible under the State plan when recommended in accordance with the Guideline referred to in section 1905(gg)(2)(A), agents approved by the Food and Drug Administration under the over-the-counter monograph process for purposes of promoting tobacco cessation (as defined in subsection (bb) during the period beginning on the first day of the emergency period described in section 1135(g)(1)(B) and ending on the last day of the 2-year period after the last day of such emergency period..
(d)State monitoring and promoting of comprehensive tobacco cessation services under MedicaidSection 1902(a) of the Social Security Act (42 U.S.C. 1396a) is amended— (1)in paragraph (85), by striking at the end and;
(2)in paragraph (86), by striking the period at the end and inserting ; and; and (3)by inserting after paragraph (86) the following new paragraph:

(87)during the period beginning on the first day of the emergency period described in section 1135(g)(1)(B) and ending on the last day of the 2-year period after the last day of such emergency period, provide for the State to monitor and promote the use of comprehensive tobacco cessation services under the State plan (including conducting an outreach campaign to increase awareness of the benefits of using such services) among— (A)individuals entitled to medical assistance under the State plan who use tobacco products; and
(B)clinicians and others who provide services to individuals entitled to medical assistance under the State plan.. (e)Federal reimbursement for Medicaid coverage and outreach campaignSection 1903(a) of the Social Security Act (42 U.S.C. 1396b(a)) is amended—
(1)in paragraph (7), by striking the period at the end and inserting ; plus; and (2)by inserting after paragraph (7) the following new paragraphs:

(8)during the period beginning on the first day of the emergency period described in section 1135(g)(1)(B) and ending on the last day of the 2-year period after the last day of such emergency period, an amount equal to 100 percent of the sums expended during each quarter which are attributable to the cost of furnishing counseling and pharmacotherapy for cessation of tobacco use by individuals who are eligible under the State plan as described in section 1905(a)(4)(E); plus (9)during the period described in paragraph (8), an amount equal to 100 percent of the sums expended during each quarter which are attributable to the development, implementation, and evaluation of an outreach campaign to—
(A)increase awareness of comprehensive tobacco cessation services covered in the State plan among— (i)individuals who are likely to be eligible for medical assistance under the State plan; and
(ii)clinicians and others who provide services to individuals who are likely to be eligible for medical assistance under the State plan; and (B)increase awareness of the benefits of using comprehensive tobacco cessation services covered in the State plan among—
(i)individuals who are likely to be eligible for medical assistance under the State plan; and (ii)clinicians and others who provide services to individuals who are likely to be eligible for medical assistance under the State plan about the benefits of using comprehensive tobacco cessation services..
(f)No prior authorization for tobacco cessation drugs under MedicaidSection 1927(d) of the Social Security Act (42 U.S.C. 1396r–8(d)) is amended— (1)in paragraph (1)(A), by striking A State and inserting Subject to paragraph (8), a State; and
(2)by adding at the end the following new paragraph:  (8)No prior authorization programs for tobacco cessation drugsDuring the period beginning on the first day of the emergency period described in section 1135(g)(1)(B) and ending on the last day of the 2-year period after the last day of such emergency period, a State plan may not require, as a condition of coverage or payment for a covered outpatient drug, the approval of an agent to promote smoking cessation (including agents approved by the Food and Drug Administration) or tobacco cessation..
3.Coverage of comprehensive tobacco cessation services in CHIP
(a)Requiring CHIP coverage of counseling and pharmacotherapy for cessation of tobacco use
(1)In generalSection 2103(c)(2) of the Social Security Act (42 U.S.C. 1397cc(c)(2)) is amended by adding at the end the following new subparagraph:  (D)Counseling and pharmacotherapy for cessation of tobacco use by individuals who are eligible under the State child health plan during the period beginning on the first day of the emergency period described in section 1135(g)(1)(B) and ending on the last day of the 2-year period after the last day of such emergency period..
(2)Counseling and pharmacotherapy for cessation of tobacco use definedSection 2110(c) of the Social Security Act (42 U.S.C. 1397jj(c)) is amended by adding at the end the following new paragraph:  (10)Counseling and pharmacotherapy for cessation of tobacco useThe term counseling and pharmacotherapy for cessation of tobacco use means diagnostic, therapy, and counseling services and pharmacotherapy (including the coverage of prescription and nonprescription tobacco cessation agents approved by the Food and Drug Administration) for the cessation of tobacco use by individuals who use tobacco products or who are being treated for tobacco use that are furnished—
(A)by or under the supervision of a physician; or (B)by any other health care professional who—
(i)is legally authorized to furnish such services under State law (or the State regulatory mechanism provided by State law) of the State in which the services are furnished; and (ii)is authorized to receive payment for other services under this title or is designated by the Secretary for this purpose; which is recommended in the guideline entitled, Treating Tobacco Use and Dependence: 2008 Update: A Clinical Practice Guideline published by the Public Health Service in May 2008 (or any subsequent modification of such guideline) or is recommended for the cessation of tobacco use by the U.S. Preventive Services Task Force or any additional intervention approved by the Food and Drug Administration as safe and effective in helping smokers quit..
(b)No cost sharingSection 2103(e) of the Social Security Act (42 U.S.C. 1397cc(e)) is amended by adding at the end the following new paragraph:  (5)No cost sharing on benefits for counseling and pharmacotherapy for cessation of tobacco useThe State child health plan may not impose deductibles, coinsurance, or other cost sharing with respect to benefits for counseling and pharmacotherapy for cessation of tobacco use (as defined in section 2110(c)(10)) and prescription drugs that are covered under a State child health plan that are prescribed for purposes of promoting tobacco cessation in accordance with the guideline specified in section 2110(c)(10)(B) furnished during the period beginning on the first day of the emergency period described in section 1135(g)(1)(B) and ending on the last day of the 2-year period after the last day of such emergency period..
(c)Exception from optional restriction under CHIP prescription drug coverageSection 2103 of the Social Security Act (42 U.S.C. 1397cc) is amended by adding at the end the following new subsection:  (g)Exception from optional restriction under CHIP prescription drug coverageThe State child health plan may exclude or otherwise restrict nonprescription drugs, except, in the case of—
(1)pregnant women when recommended in accordance with the guideline specified in section 2110(c)(10)(B), agents approved by the Food and Drug Administration under the over-the-counter monograph process for purposes of promoting tobacco cessation; and (2)individuals who are eligible under the State child health plan when recommended in accordance with the Guideline referred to in section 2110(c)(10)(B), agents approved by the Food and Drug Administration under the over-the-counter monograph process for purposes of promoting tobacco cessation during the period beginning on the first day of the emergency period described in section 1135(g)(1)(B) and ending on the last day of the 2-year period after the last day of such emergency period..
(d)State monitoring and promoting of comprehensive tobacco cessation services under CHIPSection 2102 of the Social Security Act (42 U.S.C. 1397bb) is amended by adding at the end the following new subsection:  (d)State monitoring and promoting of comprehensive tobacco cessation services under CHIPA State child health plan shall include a description of the procedures to be used by the State during the period beginning on the first day of the emergency period described in section 1135(g)(1)(B) and ending on the last day of the 2-year period after the last day of such emergency period to monitor and promote the use of comprehensive tobacco cessation services under the State plan (including conducting an outreach campaign to increase awareness of the benefits of using such services) among—
(1)individuals entitled to medical assistance under the State child health plan who use tobacco products; and (2)clinicians and others who provide services to individuals entitled to medical assistance under the State child health plan..
(e)Federal reimbursement for CHIP coverage and outreach campaignSection 2105(a) of the Social Security Act (42 U.S.C. 1397ee(a)) is amended by adding at the end the following new paragraph:  (5)Federal reimbursement for CHIP coverage of comprehensive tobacco cessation services and outreach campaignIn addition to the payments made under paragraph (1), during the period beginning on the first day of the emergency period described in section 1135(g)(1)(B) and ending on the last day of the 2-year period after the last day of such emergency period, the Secretary shall pay—
(A)an amount equal to 100 percent of the sums expended during each quarter which are attributable to the cost of furnishing counseling and pharmacotherapy for cessation of tobacco use by individuals who are eligible under the State child health plan; plus (B)an amount equal to 100 percent of the sums expended during each quarter which are attributable to the development, implementation, and evaluation of an outreach campaign to—
(i)increase awareness of comprehensive tobacco cessation services covered in the State child health plan among— (I)individuals who are likely to be eligible for medical assistance under the State child health plan; and
(II)clinicians and others who provide services to individuals who are likely to be eligible for medical assistance under the State child health plan; and (ii)increase awareness of the benefits of using comprehensive tobacco cessation services covered in the State child health plan among—
(I)individuals who are likely to be eligible for medical assistance under the State child health plan; and (II)clinicians and others who provide services to individuals who are likely to be eligible for medical assistance under the State child health plan about the benefits of using comprehensive tobacco cessation services..
(f)No prior authorization for tobacco cessation drugs under CHIPSection 2103 of the Social Security Act (42 U.S.C. 1397cc), as amended by subsection (c), is further amended— (1)in subsection (c)(2)(A), by inserting (in accordance with subsection (h) after Coverage of prescription drugs; and
(2)by adding at the end the following new subsection:  (h)No prior authorization programs for tobacco cessation drugsDuring the period beginning on the first day of the emergency period described in section 1135(g)(1)(B) and ending on the last day of the 2-year period after the last day of such emergency period, a State child health plan may not require, as a condition of coverage or payment for a prescription drugs, the approval of an agent to promote smoking cessation (including agents approved by the Food and Drug Administration) or tobacco cessation..
4.Rule of constructionNone of the amendments made by this Act shall be construed to limit coverage of any counseling or pharmacotherapy for individuals under 18 years of age.