116 HR 2117 : Food Allergy Safety, Treatment, Education, and Research Act of 2020
U.S. House of Representatives
2020-11-18
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.

IIB116th CONGRESS2d SessionH. R. 2117IN THE SENATE OF THE UNITED STATESNovember 18, 2020 Received; read twice and referred to the Committee on Health, Education, Labor, and PensionsAN ACTTo improve the health and safety of Americans living with food allergies and related disorders, including potentially life-threatening anaphylaxis, food protein-induced enterocolitis syndrome, and eosinophilic gastrointestinal diseases, and for other purposes.1.Short titleThis Act may be cited as the Food Allergy Safety, Treatment, Education, and Research Act of 2020 or the FASTER Act of 2020.2.Food allergy safety recommendations of the National Academy of Medicine(a)Collection of food allergy dataThe Public Health Service Act is amended by inserting before section 318 of such Act (42 U.S.C. 247c) the following new section:317W.Collection of food allergy data(a)In generalThe Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall—(1)expand and intensify the collection of information on the prevalence of food allergies for specific allergens in the United States, such as through the National Health and Nutrition Examination Survey and the National Health Interview Survey; (2)include such information within annual or other periodic reporting to the Congress and the public on other surveillance activities; and(3)encourage research to improve the accuracy of food allergy prevalence data.(b)BiomarkersAny research conducted pursuant to subsection (a)(3) shall include—(1)the identification of biomarkers and tests to validate data generated from such research; and(2)the investigation of the use of identified biomarkers and tests in national surveys conducted as part of that research..(b)Allergen labeling(1)Major food allergen definition(A)In generalSection 201(qq)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(qq)(1)) is amended by striking and soybeans and inserting soybeans, and sesame.(B)Effective dateThe amendment made by subparagraph (A) shall apply with respect to food introduced or delivered for introduction into interstate commerce on or after January 1, 2022. (2)Additional allergensSection 201(qq) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(qq)) is amended by adding at the end the following:(3)Any other food ingredient that the Secretary determines by regulation to be a major food allergen, based on the scientific criteria determined by the Secretary (including the prevalence and severity of allergic reactions to the food ingredient) that establish that such food ingredient is an allergen of public health concern..(3)Technical correctionsSection 201(qq)(2) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(qq)(2)) is amended by striking paragraph each place it appears and inserting subparagraph. 3.Report on use by FDA of patient experience data on treatments for patients with food allergiesSection 3004 of the 21st Century Cures Act (21 U.S.C. 355 note) is amended—(1)by striking Not later than and inserting the following: (a)In generalNot later than; and(2)by adding at the end the following:(b)Treatments for patients with food allergiesEach report under subsection (a) shall include a synopsis of the use by the Food and Drug Administration in regulatory decisionmaking of patient experience data on products with an indication for the treatment of a food allergy..Passed the House of Representatives November 17, 2020.Cheryl L. Johnson,Clerk.


116 HRES 836 IH: Condemning and censuring Nancy Pelosi, Speaker of the House of Representatives.
U.S. House of Representatives
2020-02-06
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IV116th CONGRESS2d SessionH. RES. 836IN THE HOUSE OF REPRESENTATIVESFebruary 6, 2020Mr. Gosar (for himself, Mr. Norman, Mrs. Lesko, Mr. Gaetz, Mr. King of Iowa, Mr. DesJarlais, Mr. Wright, Mr. Murphy of North Carolina, Mr. Gibbs, Mr. Tipton, Mr. Massie, Mr. Yoho, Mr. Palazzo, Mr. Biggs, Mr. Hice of Georgia, Mr. Schweikert, Mr. LaMalfa, Mr. Brady, Mr. Marshall, and Mr. Harris) submitted the following resolution; which was referred to the Committee on EthicsRESOLUTIONCondemning and censuring Nancy Pelosi, Speaker of the House of Representatives.

 Whereas, on February 4, 2020, President Donald J. Trump delivered the State of the Union address, a traditional event where the President of the United States, irrespective of party, celebrates the accomplishments benefitting the country, and lays out a plan for additional work;
 Whereas the address is one of the rare times the House and Senate meet jointly with the President; Whereas proper decorum, and a respect for the institution of Congress, requires the Members in attendance to demonstrate civility even to those whose opinions with whom they disagree;
 Whereas this has been an accepted and bipartisan practice for generations; Whereas the State of the Union speech in 2020 recognized great Americans, including the last surviving Tuskegee Airman, the miraculous survival of a child born prematurely at 21 weeks, the mourning families of Rocky Jones and Kayla Mueller, the grandfather of political talk radio, historic low rates of unemployment for African Americans, Asian Americans and Hispanics, and the speech took a heartfelt moment to recognize an active duty soldier’s happy reunion with his family;
 Whereas instead of taking responsibility for her impetuous and petty outburst, she instead falsely claimed the speech was a manifesto and contained untruths;
 Whereas Speaker Nancy Pelosi discredited the House of Representatives by publicly ripping up an official copy of the State of the Union speech in what has been described as a temper tantrum, classless, disrespectful, and a misguided emotional outburst of hate; and
 Whereas Speaker Nancy Pelosi has, based on the conduct documented above, violated clause 1 of rule XXIII of the Code of Official Conduct which states that A Member, Delegate, Resident Commissioner, officer or employee of the House shall behave at all times in a manner that shall reflect creditably on the House: Now, therefore, be it

 That— (1)the House of Representatives publicly censures and condemns Speaker Nancy Pelosi for her inappropriate actions at the 2020 State of the Union that brought shame, discredit, and public condemnation of the House of Representatives;
 (2)Speaker Nancy Pelosi will present herself on the floor of the House for the pronouncement of censure and public rapprochement;
 (3)Speaker Nancy Pelosi will be censured with the public reading of this resolution by the Speaker; (4)Speaker Pelosi will acknowledge and admit wrongdoing as outlined in this Resolution and apologize to the President and the American people; and
 (5)Speaker Pelosi shall be required to take a reeducation class on House Ethics and certify completion of 3 hours of reeducation prior to April 15, 2020.


114 S1524 IS: Concrete Masonry Products Research, Education, and Promotion Act
U.S. Senate
2015-06-08
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		II
		114th CONGRESS1st Session
		S. 1524
		IN THE SENATE OF THE UNITED STATES

			June 8, 2015
			Mr. Blunt (for himself, Mr. Nelson, Mrs. McCaskill, Mr. Moran, Mr. Warner, Mr. Roberts, Ms. Klobuchar, Mr. Isakson, Ms. Baldwin, and Mr. Burr) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation

		A BILL
		To enable concrete masonry products manufacturers to establish, finance, and carry out a
			 coordinated program of research, education, and promotion to improve,
			 maintain, and develop markets for concrete masonry products.

 1.Short titleThis Act may be cited as the Concrete Masonry Products Research, Education, and Promotion Act.
		2.Findings and
			 declaration of policy
 (a)FindingsCongress finds the following:
 (1)The production of concrete masonry products plays a significant role in the economy of the United States.
 (2)Concrete masonry products are produced by hundreds of concrete manufacturers and utilized throughout the United States and foreign countries.
 (3)Concrete masonry products move in the channels of interstate and foreign commerce, and concrete masonry products that do not move in such channels of commerce directly burden or affect interstate commerce of concrete masonry products.
 (4)The concrete masonry products industry employs thousands of workers and positively impacts economic stability throughout the United States.
 (5)The maintenance and expansion of existing markets for concrete masonry products and the development of new markets are vital to the welfare of concrete manufacturers in the United States and those concerned with marketing and using concrete masonry products as well as the general economic welfare of the United States.
 (6)The concrete masonry products industry plays a vital role in providing safe, environmentally sustainable, and economical construction for citizens of the United States and abroad.
 (7)Concrete masonry products are used for the construction of structures that protect and provide shelter for citizens during disasters (earthquakes, floods, hurricanes, tornados, fire, et cetera).
 (8)Concrete masonry structures provide energy efficiencies to reduce American energy demands.
 (9)Concrete masonry provides for durable structures that support sustainability objectives, reducing long-term demands on natural resources.
 (10)Concrete masonry products are made using locally available resources throughout the United States, reducing transportation and infrastructure demands.
 (11)Concrete masonry products are used to support the construction of durable and cost-efficient, low-income housing.
 (b)PurposeThe purpose of this Act is to authorize the establishment of an orderly program for developing, financing, and carrying out an effective, continuous, and coordinated program of research, education, and promotion, including funds for marketing and market research activities, that is designed to—
 (1)strengthen the position of the concrete masonry products industry in the domestic marketplace;
 (2)maintain, develop, and expand markets and uses for concrete masonry products in the domestic and foreign marketplaces; and
 (3)promote the use of concrete masonry products in environmentally sustainable construction and building.
 (c)LimitationNothing in this Act may be construed to provide for the control of production or otherwise limit the right of any person to manufacture concrete masonry products.
 3.DefinitionsFor the purposes of this Act: (1)Block machineThe term block machine means a piece of equipment that utilizes vibration and compaction to form concrete masonry products.
 (2)BoardThe term Board means the Concrete Masonry Products Board established under section 5.
 (3)CavityThe term cavity means the open space in the mold of a block machine capable of forming a single concrete masonry unit having nominal plan dimensions of 8 inches by 16 inches.
 (4)CommerceThe term commerce includes interstate, foreign, and intrastate commerce.
			(5)Concrete masonry
 productsThe term concrete masonry products refers to a broader class of products, including concrete masonry units as well as hardscape products such as concrete pavers and segmental retaining wall units, manufactured on a block machine using dry-cast concrete.
			(6)Concrete masonry
 unitThe term concrete masonry unit means a concrete masonry product that is a manmade masonry unit having an actual width of 3 inches or greater and manufactured from dry-cast concrete using a block machine. Such term includes concrete block and related concrete units used in masonry applications.
 (7)DepartmentThe term Department means the Department of Commerce.
			(8)Dry-Cast
 concreteThe term dry-cast concrete means a composite material that is composed essentially of aggregates embedded in a binding medium composed of a mixture of cementitious materials (including hydraulic cement, pozzolans, or other cementitious materials) and water of such a consistency to maintain its shape after forming in a block machine.
 (9)EducationThe term education means programs that will educate or communicate the benefits of concrete masonry products in safe and environmentally sustainable development, advancements in concrete masonry product technology and development, and other information and programs designed to generate increased demand for commercial, residential, multi-family, and institutional projects using concrete masonry products and to generally enhance the image of concrete masonry products.
			(10)Machine
 cavitiesThe term machine cavities means the cavities with which a block machine could be equipped.
			(11)Machine cavities
 in operationThe term machine cavities in operation means those machine cavities associated with a block machine that have produced concrete masonry units within the last 6 months of the date set for determining eligibility and is fully operable and capable of producing concrete masonry units.
 (12)ManufacturerThe term manufacturer means any person engaged in the manufacturing of commercial concrete masonry products.
			(13)Masonry
 unitThe term masonry unit means a noncombustible building product intended to be laid by hand or joined using mortar, grout, surface bonding, post-tensioning or some combination of these methods.
 (14)OrderThe term order means an order issued under section 4.
 (15)PersonThe term person means any individual, group of individuals, partnership, corporation, association, cooperative, or any other entity.
 (16)PromotionThe term promotion means any action, including paid advertising, to advance the image and desirability of concrete masonry products with the express intent of improving the competitive position and stimulating sales of concrete masonry products in the marketplace.
 (17)ResearchThe term research means studies testing the effectiveness of market development and promotion efforts, studies relating to the improvement of concrete masonry products and new product development, and studies documenting the performance of concrete masonry.
 (18)SecretaryThe term Secretary means the Secretary of Commerce.
			(19)United
 StatesThe term United States means the several States and the District of Columbia.
			4.Issuance of
			 orders
			(a)In
			 general
 (1)IssuanceThe Secretary, subject to the procedures provided in subsection (b), shall issue orders under this Act applicable to manufacturers of concrete masonry products.
 (2)ScopeAny order shall be national in scope.
				(3)One
 orderNot more than 1 order shall be in effect at any one time.
				(b)Procedures
				(1)Development or
 receipt of proposed orderA proposed order with respect to concrete masonry products may be—
 (A)prepared by the Secretary at any time; or
 (B)requested by or submitted to the Secretary by—
 (i)an existing national organization of concrete masonry product manufacturers; or
 (ii)any person that may be affected by the issuance of an order with respect to concrete masonry products.
						(2)Publication of
 proposed orderNot later than 60 days after receiving a proposed order or a request for a proposed order in accordance with subparagraph (B) of paragraph (1), the Secretary shall publish a proposed order in the Federal Register and give 30 days notice and opportunity for public comment on the proposed order.
				(3)Issuance of
			 order
					(A)In
 generalAfter notice and opportunity for public comment are provided in accordance with paragraph (2), the Secretary shall issue the order, taking into consideration the comments received and including in the order such provisions as are necessary to ensure that the order is in conformity with this Act.
					(B)Effective
 dateThe order shall be issued and become effective only after an affirmative vote in a referendum as provided in section 7, but not later than 120 days after publication of the proposed order.
 (c)AmendmentsThe Secretary may, from time to time, amend an order. The provisions of this Act applicable to an order shall be applicable to any amendment to an order.
			5.Required terms in
			 orders
			(a)In
 generalAny order issued under this Act shall contain the terms and provisions specified in this section.
			(b)Concrete Masonry
			 Products Board
				(1)Establishment
			 and membership
 (A)EstablishmentThe order shall provide for the establishment of a Concrete Masonry Products Board to carry out a program of generic promotion, research, and information regarding concrete masonry products.
					(B)Membership
						(i)Number of
 membersThe Board shall consist of not more than 25 members.
 (ii)AppointmentThe members of the Board shall be appointed by the Secretary from nominations submitted as provided in this subsection.
 (iii)CompositionThe Board shall consist of manufacturers.
						(2)Distribution of
			 appointments
					(A)Geographical
 representationTo ensure fair and equitable representation of the concrete masonry products industry, the composition of the Board shall reflect the geographical distribution of the manufacture of concrete masonry products in the United States and the types of concrete masonry products manufactured.
					(B)Adjustment in
 board representationThree years after the assessment of concrete masonry products commences pursuant to an order, and at the end of each 3-year period thereafter, the Board, subject to the review and approval of the Secretary, shall, if warranted, recommend to the Secretary the reapportionment of the Board membership to reflect changes in the geographical distribution of the manufacture of concrete masonry products and the types of concrete masonry products manufactured.
					(3)Nominations
 ProcessThe order shall provide the following:
					(A)Number of
 nominationsTwo nominees shall be submitted for each appointment to the Board.
 (B)ProcedureNominations for each appointment of a manufacturer shall be made by manufacturers in accordance with procedures specified in the order.
					(C)Failure to
 nominateIn any case in which manufacturers fail to nominate individuals for an appointment to the Board, the Secretary may appoint an individual to fill the vacancy on a basis provided in the order or other regulations of the Secretary.
					(D)Failure to
 appointIf the Secretary fails to make an appointment to the Board within 30 days of receiving nominations for such appointment, the first nominee for such appointment shall be deemed appointed.
 (4)AlternatesThe order shall provide for the selection of alternate members of the Board by the Secretary in accordance with procedures specified in the order.
				(5)Terms
					(A)In
 generalThe members and any alternates of the Board shall each serve for a term of 3 years, except that members and any alternates initially appointed to the Board shall serve for terms of not more than 2, 3, and 4 years, as specified by the order.
					(B)Limitation on
 consecutive termsA member or an alternate may serve not more than 2 consecutive terms.
					(C)Continuation of
 termNotwithstanding subparagraph (B), each member or alternate shall continue to serve until a successor is appointed by the Secretary.
 (D)VacanciesA vacancy arising before the expiration of a term of office of an incumbent member or alternate of the Board shall be filled in a manner provided for in the order.
					(6)Disqualification
 from Board serviceThe order shall provide that if a member or alternate of the Board who was appointed as a manufacturer ceases to qualify as a manufacturer, such member or alternate shall be disqualified from serving on the Board.
				(7)Compensation
					(A)In
 generalMembers and any alternates of the Board shall serve without compensation.
					(B)Travel
 expensesIf approved by the Board, members or alternates shall be reimbursed for reasonable travel expenses, which may include per diem allowance or actual subsistence incurred while away from their homes or regular places of business in the performance of services for the Board.
					(c)Powers and
 duties of the BoardThe order shall specify the powers and duties of the Board, which shall include the power and duty—
 (1)to administer the order in accordance with its terms and conditions and to collect assessments;
 (2)to develop and recommend to the Secretary for approval such bylaws as may be necessary for the functioning of the Board and such rules as may be necessary to administer the order, including activities authorized to be carried out under the order;
 (3)to meet, organize, and select from among members of the Board a chairperson, other officers, and committees and subcommittees, as the Board determines appropriate;
 (4)to establish regional organizations or committees to administer regional initiatives;
 (5)to establish working committees of persons other than Board members;
 (6)to employ such persons, other than the members, as the Board considers necessary, and to determine the compensation and specify the duties of the persons;
 (7)to prepare and submit for the approval of the Secretary, before the beginning of each fiscal year, rates of assessment under section 6 and an annual budget of the anticipated expenses to be incurred in the administration of the order, including the probable cost of each promotion, research, and information activity proposed to be developed or carried out by the Board;
 (8)to borrow funds necessary for the startup expenses of the order;
 (9)to carry out research, education, and promotion programs and projects, and to pay the costs of such programs and projects with assessments collected under section 6;
 (10)subject to subsection (e), to enter into contracts or agreements to develop and carry out programs or projects of research, education, and promotion relating to concrete masonry products;
 (11)to keep minutes, books, and records that reflect the actions and transactions of the Board, and promptly report minutes of each Board meeting to the Secretary;
 (12)to receive, investigate, and report to the Secretary complaints of violations of the order;
 (13)to furnish the Secretary with such information as the Secretary may request;
 (14)to recommend to the Secretary such amendments to the order as the Board considers appropriate; and
 (15)to provide the Secretary with advance notice of meetings.
				(d)Programs and
			 projects; budgets; expenses
				(1)Programs and
 projectsThe order shall require the Board to submit to the Secretary for approval any program or project of research, education, or promotion.
				(2)Budgets
 (A)SubmissionThe order shall require the Board to submit to the Secretary for approval a budget of the anticipated expenses and disbursements of the Board in the implementation of the order, including the projected costs of concrete masonry products research, education, and promotion programs and projects.
 (B)TimingThe budget shall be submitted before the beginning of a fiscal year and as frequently as may be necessary after the beginning of the fiscal year.
 (C)ApprovalIf the Secretary fails to approve or reject a budget within 30 days of receipt, such budget shall be deemed approved.
					(3)Administrative
			 Expenses
					(A)Incurring
 expensesA board may incur the expenses described in paragraph (2) and other expenses for the administration, maintenance, and functioning of the Board as authorized by the Secretary.
					(B)Payment of
 expensesExpenses incurred under subparagraph (A) shall be paid by the Board using assessments collected under section 6, earnings obtained from assessments, and other income of the Board. Any funds borrowed by the Board shall be expended only for startup costs and capital outlays.
					(C)Limitation on
 spendingFor fiscal years beginning 3 or more years after the date of the establishment of the Board, the Board may not expend for administration (except for reimbursement to the Secretary required under subparagraph (D)), maintenance, and functioning of the Board in a fiscal year an amount that exceeds 10 percent of the assessment and other income received by the Board for the fiscal year.
					(D)Reimbursement of
 SecretaryThe order shall require that the Secretary be reimbursed from assessments for all expenses incurred by the Secretary in the implementation, administration, and supervision of the order, including all referenda costs incurred in connection with the order.
					(e)Contracts and
			 agreements
				(1)In
 generalThe order shall provide that, with the approval of the Secretary, the Board may—
 (A)enter into contracts and agreements to carry out programs and projects of research, education, and promotion activities relating to concrete masonry products, including contracts and agreements with manufacturer associations or other entities as considered appropriate by the Secretary;
 (B)enter into contracts and agreements for administrative services; and
 (C)pay the cost of approved research, education, and promotion programs and projects using assessments collected under section 6, earnings obtained from assessments, and other income of the Board.
 (2)RequirementsEach contract or agreement shall provide that any person who enters into the contract or agreement with the Board shall—
 (A)develop and submit to the Board a proposed activity together with a budget that specifies the cost to be incurred to carry out the activity;
 (B)keep accurate records of all of transactions relating to the contract or agreement;
 (C)account for funds received and expended in connection with the contract or agreement;
 (D)make periodic reports to the Board of activities conducted under the contract or agreement; and
 (E)make such other reports as the Board or the Secretary considers relevant.
					(3)Failure to
 approveIf the Secretary fails to approve or reject a contract or agreement entered into under paragraph (1) within 30 days of receipt, the contract or agreement shall be deemed approved.
				(f)Books and
			 records of Board
				(1)In
 generalThe order shall require the Board to—
 (A)maintain such books and records (which shall be available to the Secretary for inspection and audit) as the Secretary may require;
 (B)collect and submit to the Secretary, at any time the Secretary may specify, any information the Secretary may request; and
 (C)account for the receipt and disbursement of all funds in the possession, or under the control, of the Board.
 (2)AuditsThe order shall require the Board to have—
 (A)the books and records of the Board audited by an independent auditor at the end of each fiscal year; and
 (B)a report of the audit submitted directly to the Secretary.
					(g)Prohibited
			 activities
				(1)In
 generalSubject to paragraph (2), the Board shall not engage in any action to, nor shall any funds received by the Board under this Act be used to—
 (A)influence legislation or governmental action;
 (B)engage in an action that would be a conflict of interest; or
 (C)engage in advertising that is false or misleading.
 (2)ExceptionsParagraph (1) does not preclude—
 (A)the development and recommendation of amendments to the order;
 (B)the communication to appropriate government officials of information relating to the conduct, implementation, or results of research, education, and promotion activities under the order; or
 (C)any action designed to market concrete masonry products directly to a foreign government or political subdivision of a foreign government.
					(h)Periodic
 evaluationThe order shall require the Board to provide for the independent evaluation of all research, education, and promotion activities undertaken under the order.
			(i)Books and
			 records of persons covered by order
				(1)In
 generalThe order shall require that manufacturers of concrete masonry products shall—
 (A)maintain records sufficient to ensure compliance with the order and regulations;
 (B)submit to the Board any information required by the Board to carry out its responsibilities; and
 (C)make the records described in subparagraph (A) available, during normal business hours, for inspection by employees or agents of the Board or the Department, including any records necessary to verify information required under subparagraph (B).
					(2)Time
 requirementAny record required to be maintained under paragraph (1) shall be maintained for such time period as the Secretary may prescribe.
				(3)Confidentiality
			 of information
					(A)In
 generalExcept as otherwise provided in this Act, all information obtained under paragraph (1) or as part of a referendum under section 7 shall be kept confidential by all officers, employees, and agents of the Department and of the Board.
					(B)Suits and
 hearingsInformation referred to in subparagraph (A) may be disclosed only if—
 (i)the Secretary considers the information relevant; and
 (ii)the information is revealed in a judicial proceeding or administrative hearing brought at the direction or on the request of the Secretary or to which the Secretary or any officer of the Department is a party.
						(C)General
 statements and publicationsThis paragraph does not prohibit—
 (i)the issuance of general statements based on reports or on information relating to a number of persons subject to an order if the statements do not identify the information furnished by any person; or
 (ii)the publication, by direction of the Secretary, of the name of any person violating any order and a statement of the particular provisions of the order violated by the person.
 (D)PenaltyAny person who willfully violates this subsection shall be fined not more than $5,000, imprisoned not more than 1 year, or both.
					(4)Withholding
 informationThis subsection does not authorize the withholding of information from Congress.
				6.Assessments
 (a)AssessmentsThe order shall provide that assessments shall be paid by manufacturers with respect to concrete masonry products manufactured and marketed in the United States.
			(b)Collection
				(1)In
 generalAssessments required under the order shall be remitted by the manufacturer to the Board in the manner prescribed by the order.
 (2)TimingThe order shall provide that assessments required under the order shall be remitted to the Board not less frequently than quarterly.
 (3)RecordsAs part of the remittance of assessments, manufacturers shall identify the total amount due in assessments on all sales receipts, invoices or other commercial documents of sale as a result of the sale of concrete masonry units in a manner as prescribed by the Board to ensure compliance with the order.
				(c)Assessment
 ratesWith respect to assessment rates, the order shall contain the following terms:
				(1)Initial
 rateThe assessment rate on concrete masonry products shall be $0.01 per concrete masonry unit sold.
				(2)Changes in the
			 rate
					(A)Authority to
 change rateThe Board shall have the authority to change the assessment rate. A two-thirds majority of voting members of the Board shall be required to approve a change in the assessment rate.
					(B)Limitation on
 increasesAn increase or decrease in the assessment rate with respect to concrete masonry products may not exceed $0.01 per concrete masonry unit sold.
					(C)Maximum
 rateThe assessment rate shall not be in excess of $0.05 per concrete masonry unit.
					(D)Limitation on
 frequency of changesThe assessment rate may not be increased or decreased more than once annually.
					(d)Late-Payment and
			 interest charges
				(1)In
 generalLate-payment and interest charges may be levied on each person subject to the order who fails to remit an assessment in accordance with subsection (b).
 (2)RateThe rate for late-payment and interest charges shall be specified by the Secretary.
				(e)Investment of
 assessmentsPending disbursement of assessments under a budget approved by the Secretary, a board may invest assessments collected under this section in—
 (1)obligations of the United States or any agency of the United States;
 (2)general obligations of any State or any political subdivision of a State;
 (3)interest-bearing accounts or certificates of deposit of financial institutions that are members of the Federal Reserve System; or
 (4)obligations fully guaranteed as to principal and interest by the United States.
				(f)Assessment funds
			 for Regional Initiatives
				(1)In
 generalThe order shall provide that no less than 50 percent of the assessments (less administration expenses) paid by a manufacturer shall be used to support research, education, and promotion plans and projects in support of the geographic region of the manufacturer.
				(2)Geographic
 regionsThe order shall provide for the following geographic regions:
 (A)Region I shall comprise Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, Vermont, and West Virginia.
 (B)Region II shall comprise Alabama, Florida, Georgia, Mississippi, North Carolina, South Carolina, Tennessee, and Virginia.
 (C)Region III shall comprise Illinois, Indiana, Iowa, Kentucky, Michigan, Minnesota, Nebraska, North Dakota, Ohio, South Dakota, and Wisconsin.
 (D)Region IV shall comprise Arizona, Arkansas, Kansas, Louisiana, Missouri, New Mexico, Oklahoma, and Texas.
 (E)Region V shall comprise Alaska, California, Colorado, Hawaii, Idaho, Montana, Nevada, Oregon, Utah, Washington, and Wyoming.
					(3)Adjustment of
 geographic regionsThe order shall provide that the Secretary may, upon recommendation of the Board, modify the composition of the geographic regions described in paragraph (2).
				7.Referenda
			(a)Initial
			 Referendum
				(1)Referendum
 requiredDuring the 60-day period immediately preceding the proposed effective date of the order issued under section 4, the Secretary shall conduct a referendum among manufacturers required to pay assessments under the order, as provided in section 6.
				(2)Approval of
 order neededThe order shall become effective only if the Secretary determines that the order has been approved by a simple majority of all votes cast in the referendum.
				(b)Votes
			 permitted
				(1)In
 generalEach manufacturer eligible to vote in a referendum conducted under this section shall be entitled to cast 1 vote for each machine cavity in operation that is operated by such manufacturer if they satisfy the eligibility requirements as defined in paragraph (2).
 (2)EligibilityFor purposes of paragraph (1), manufacturers shall be considered to be eligible to vote if they have manufactured concrete masonry products during a period of at least 180 days prior to the referendum.
				(c)Manner of
			 conducting referenda
				(1)In
 generalReferenda conducted pursuant to this section shall be conducted in a manner determined by the Secretary.
				(2)Advance
 registrationA manufacturer who chooses to vote in any referendum conducted under this section shall register with the Secretary prior to the voting period, after receiving notice from the Secretary concerning the referendum under paragraph (4).
 (3)VotingThe Secretary shall establish procedures for voting in any referendum conducted under this section. The ballots and other information or reports that reveal or tend to reveal the identity or vote of voters shall be strictly confidential.
 (4)NoticeNot later than 30 days before a referendum is conducted under this section with respect to an order, the Secretary shall notify all manufacturers, in such a manner as determined by the Secretary, of the period during which voting in the referendum will occur. The notice shall explain any registration and voting procedures established under this subsection.
				(d)Subsequent
 referendaIf an order is approved in a referendum conducted under subsection (a), the Secretary shall conduct a subsequent referendum—
 (1)at the request of the Board, subject to the voting requirements of subsections (b) and (c), to ascertain whether eligible manufacturers favor suspension, termination, or continuance of the order; or
 (2)effective beginning on the date that is 5 years after the date of the approval of the order, and at 5-year intervals thereafter, at the request of 25 percent or more of the number of persons eligible to vote under subsection (b).
				(e)Suspension or
 terminationIf, as a result of a referendum conducted under subsection (d), the Secretary determines that suspension or termination of the order is favored by a simple majority of all votes cast in the referendum, the Secretary shall—
 (1)not later than 180 days after the referendum, suspend or terminate, as appropriate, collection of assessments under the order; and
 (2)suspend or terminate, as appropriate, activities under the order as soon as practicable and in an orderly manner.
				(f)Costs of
 referendaThe Board established under an order with respect to which a referendum is conducted under this section shall reimburse the Secretary from assessments for any expenses incurred by the Secretary to conduct the referendum.
			8.Petition and
			 review
			(a)Petition
				(1)In
 generalA person subject to an order issued under this Act may file with the Secretary a petition—
 (A)stating that the order, any provision of the order, or any obligation imposed in connection with the order, is not established in accordance with law; and
 (B)requesting a modification of the order or an exemption from the order.
 (2)HearingThe Secretary shall give the petitioner an opportunity for a hearing on the petition, in accordance with regulations issued by the Secretary.
 (3)RulingAfter the hearing, the Secretary shall make a ruling on the petition. The ruling shall be final, subject to review as set forth in subsection (b).
				(4)Limitation on
 petitionAny petition filed under this subsection challenging an order, any provision of the order, or any obligation imposed in connection with the order, shall be filed within 2 years after the effective date of the order, provision, or obligation subject to challenge in the petition.
				(b)Review
				(1)Commencement of
 actionThe district courts of the United States in any district in which a person who is a petitioner under subsection (a) resides or conducts business shall have jurisdiction to review the ruling of the Secretary on the petition of the person, if a complaint requesting the review is filed no later than 20 days after the date of the entry of the ruling by the Secretary.
 (2)ProcessService of process in proceedings under this subsection shall be conducted in accordance with the Federal Rules of Civil Procedure.
 (3)RemandsIf the court in a proceeding under this subsection determines that the ruling of the Secretary on the petition of the person is not in accordance with law, the court shall remand the matter to the Secretary with directions—
 (A)to make such ruling as the court shall determine to be in accordance with law; or
 (B)to take such further action as, in the opinion the court, the law requires.
 (c)EnforcementThe pendency of proceedings instituted under this section shall not impede, hinder, or delay the Attorney General or the Secretary from obtaining relief under section 9.
			9.Enforcement
 (a)JurisdictionA district court of the United States shall have jurisdiction to enforce, and to prevent and restrain any person from violating, this Act or an order or regulation issued by the Secretary under this Act.
			(b)Referral to
 Attorney GeneralA civil action authorized to be brought under this section shall be referred to the Attorney General of the United States for appropriate action.
			(c)Civil penalties
			 and orders
				(1)Civil
 penaltiesA person who willfully violates an order or a regulation issued by the Secretary under this Act may be assessed by the Secretary a civil penalty of not more than $5,000 for each violation.
				(2)Separate
 offenseEach violation and each day during which there is a failure to comply with an order or regulation issued by the Secretary shall be considered to be a separate offense.
				(3)Cease-and-desist
 ordersIn addition to, or in lieu of, a civil penalty, the Secretary may issue an order requiring a person to cease and desist from violating the order or regulation.
				(4)Notice and
 hearingNo order assessing a penalty or cease-and-desist order may be issued by the Secretary under this subsection unless the Secretary provides notice and an opportunity for a hearing on the record with respect to the violation.
 (5)FinalityAn order assessing a penalty or a cease-and-desist order issued under this subsection by the Secretary shall be final and conclusive unless the person against whom the order is issued files an appeal from the order with the appropriate district court of the United States, as provided in subsection (d).
				(d)Additional
 remediesThe remedies provided in this Act shall be in addition to, and not exclusive of, other remedies that may be available.
			10.Investigation
			 and power to subpoena
 (a)InvestigationsThe Secretary may conduct such investigations as the Secretary considers necessary for the effective administration of this Act, or to determine whether any person has engaged or is engaging in any act that constitutes a violation of this Act or any order or regulation issued under this Act.
			(b)Subpoenas,
			 oaths, and affirmations
 (1)InvestigationsFor the purpose of conducting an investigation under subsection (a), the Secretary may administer oaths and affirmations, subpoena witnesses, compel the attendance of witnesses, take evidence, and require the production of any records that are relevant to the inquiry. The production of the records may be required from any place in the United States.
				(2)Administrative
 hearingsFor the purpose of an administrative hearing held under section 8(a)(2) or section 9(c)(4), the presiding officer may administer oaths and affirmations, subpoena witnesses, compel the attendance of witnesses, take evidence, and require the production of any records that are relevant to the inquiry. The attendance of witnesses and the production of the records may be required from any place in the United States.
				(c)Aid of
			 courts
				(1)In
 generalIn the case of contumacy by, or refusal to obey a subpoena issued under subsection (b) to, any person, the Secretary may invoke the aid of any court of the United States within the jurisdiction of which the investigation or proceeding is conducted, or where the person resides or conducts business, in order to enforce a subpoena issued under subsection (b).
 (2)OrderThe court may issue an order requiring the person referred to in paragraph (1) to comply with a subpoena referred to in paragraph (1).
				(3)Failure to
 obeyAny failure to obey the order of the court may be punished by the court as a contempt of court.
 (4)ProcessProcess in any proceeding under this subsection may be served in the United States judicial district in which the person being proceeded against resides or conducts business, or wherever the person may be found.
				11.Suspension or
			 termination
			(a)Mandatory
 suspension or terminationThe Secretary shall suspend or terminate an order or a provision of an order if the Secretary finds that an order or provision of an order obstructs or does not tend to effectuate the purpose of this Act, or if the Secretary determines that the order or a provision of an order is not favored by persons voting in a referendum conducted under section 7.
			(b)Implementation
 of suspension or terminationIf, as a result of a referendum conducted under section 7, the Secretary determines that the order is not approved, the Secretary shall—
 (1)not later than 180 days after making the determination, suspend or terminate, as the case may be, collection of assessments under the order; and
 (2)as soon as practicable, suspend or terminate, as the case may be, activities under the order in an orderly manner.
 12.ConfidentialityNothing in this Act shall be construed to require the Board to disclose information or records under section 552 of title 5, United States Code.
		13.Amendments to
 ordersThe provisions of this Act applicable to the order shall be applicable to any amendment to the order, except that section 8 shall not apply to an amendment.
		14.Effect on other
 lawsThis Act shall not affect or preempt any other Federal or State law authorizing research, education, and promotion relating to concrete masonry products.
 15.RegulationsThe Secretary may issue such regulations as may be necessary to carry out this Act and the power vested in the Secretary under this Act.
		16.Limitation on
 expenditures for administrative expensesFunds appropriated to carry out this Act may not be used for the payment of the expenses or expenditures of the Board in administering the order.


		I
		111th CONGRESS
		2d Session
		H. R. 4423
		IN THE HOUSE OF REPRESENTATIVES

			January 12, 2010
			Mr. Sestak introduced
			 the following bill; which was referred to the
			 Committee on House
			 Administration, and in addition to the
			 Committee on Oversight and Government
			 Reform, 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 prevent Members of Congress from receiving any
		  automatic pay adjustment in 2011.

		1.Short titleThis Act may be cited as the
			 Congressional Pay Raise Elimination
			 Act of 2010.
		2.No automatic pay
			 adjustment for Members of Congress in
			 2011For purposes of the provision of law amended
			 by section 704(a)(2)(B) of the Ethics Reform Act of 1989 (5 U.S.C. 5318 note),
			 no adjustment under section 5303 of title 5, United
			 States Code, shall be considered to have taken effect in fiscal year 2011 in
			 the rates of pay under the General Schedule.


117 S1728 IS: Extinction Prevention Act of 2021
U.S. Senate
2021-05-20
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.

II117th CONGRESS1st SessionS. 1728IN THE SENATE OF THE UNITED STATESMay 20, 2021Mr. Blumenthal (for himself, Mr. Merkley, and Ms. Hirono) introduced the following bill; which was read twice and referred to the Committee on Environment and Public WorksA BILLTo create dedicated funds to conserve butterflies in North America, plants in the Pacific Islands, freshwater mussels in the United States, and desert fish in the Southwest United States, and for other purposes.1.Short title; table of contents(a)Short titleThis Act may be cited as the Extinction Prevention Act of 2021.(b)Table of contentsThe table of contents for this Act is as follows:Sec. 1. Short title; table of contents.Sec. 2. Definition of Secretary.TITLE I—North America Butterfly Conservation Fund Act of 2021Sec. 101. Short title.Sec. 102. Purposes.Sec. 103. Definitions.Sec. 104. North America butterfly conservation assistance.Sec. 105. North America Butterfly Conservation Fund.Sec. 106. Report to Congress.Sec. 107. Authorization of appropriations.TITLE II—Pacific Islands Plant Conservation Fund Act of 2021Sec. 201. Short title.Sec. 202. Purpose.Sec. 203. Definitions.Sec. 204. Pacific Islands plant conservation assistance.Sec. 205. Pacific Islands Plant Conservation Fund.Sec. 206. Report to Congress.Sec. 207. Authorization of appropriations.TITLE III—Freshwater Mussel Conservation Fund Act of 2021Sec. 301. Short title.Sec. 302. Purpose.Sec. 303. Definitions.Sec. 304. Freshwater mussel conservation assistance.Sec. 305. Freshwater Mussel Conservation Fund.Sec. 306. Report to Congress.Sec. 307. Authorization of appropriations.TITLE IV—Southwest Desert Fish Conservation Fund Act of 2021Sec. 401. Short title.Sec. 402. Purpose.Sec. 403. Definitions.Sec. 404. Southwest desert fish conservation assistance.Sec. 405. Southwest Desert Fish Conservation Fund.Sec. 406. Report to Congress.Sec. 407. Authorization of appropriations.2.Definition of SecretaryIn this Act, the term Secretary means the Secretary of the Interior.INorth America Butterfly Conservation Fund Act of 2021101.Short titleThis title may be cited as the North America Butterfly Conservation Fund Act of 2021.102.PurposesThe purposes of this title are—(1)to perpetuate healthy populations of butterflies in North America;(2)to assist in the conservation of threatened and endangered butterflies by supporting conservation initiatives in North America; and(3)to provide financial resources and to foster international cooperation for the conservation initiatives described in paragraph (2).103.DefinitionsIn this title:(1)ButterflyThe term butterfly means any member of the order Lepidoptera.(2)ConservationThe term conservation means the use of all methods and procedures necessary to protect the habitats of butterflies in North America and the butterflies in those habitats, including—(A)protection, restoration, and management of the habitats;(B)onsite research and monitoring of—(i)butterfly populations;(ii)butterfly habitats;(iii)annual butterfly reproduction; and(iv)butterfly species population trends;(C)assistance in the development, implementation, and improvement of national and regional management plans;(D)enforcement and implementation of applicable conservation laws; and(E)community outreach and education.(3)FundThe term Fund means the North America Butterfly Conservation Fund established by section 105(a).(4)North AmericaThe term North America means—(A)Antigua and Barbuda;(B)the Bahamas;(C)Barbados;(D)Belize;(E)Canada;(F)Costa Rica;(G)Cuba;(H)Dominica;(I)the Dominican Republic;(J)El Salvador;(K)Grenada;(L)Guatemala;(M)Haiti;(N)Honduras;(O)Jamaica;(P)Mexico;(Q)Nicaragua;(R)Panama;(S)Saint Kitts and Nevis;(T)Saint Lucia;(U)Saint Vincent and the Grenadines;(V)Trinidad and Tobago; and(W)the United States.104.North America butterfly conservation assistance(a)Assistance(1)In generalSubject to the availability of funds, and in consultation with other Federal officials, the Secretary shall use amounts in the Fund to provide financial assistance for projects for the conservation of butterflies and for which a project proposal is approved by the Secretary under subsection (c).(2)Use of existing authoritiesAssistance provided under this section shall be carried out in a manner consistent with authorities available to the Secretary under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).(b)Project proposals(1)Eligible applicantsA proposal for a project for the conservation of butterflies may be submitted to the Secretary by—(A)a State that has within its boundaries butterfly habitat;(B)a Tribal agency of an Indian Tribe the Tribal land of which contains butterfly habitat;(C)a relevant State agency, Tribal agency, research institution, nonprofit organization, or wildlife management authority in North America that directly or indirectly affects butterfly conservation, as determined by the Secretary; or(D)any other individual or entity, as determined appropriate by the Secretary, with the demonstrated expertise required for the conservation of butterflies in North America.(2)Federal partnership opportunities(A)In generalA Federal agency may be included as a partner or a collaborator on a project that receives funding under this section.(B)ProhibitionA Federal agency may not—(i)be a lead entity on a project that receives funding under this section; or(ii)receive funding for a project under this section.(3)Required elementsA project proposal shall include—(A)a statement of the purposes of the project;(B)the name of the entity or individual with overall responsibility for the project;(C)a description of—(i)the qualifications of the entity or individuals that will carry out the project;(ii)methods for project implementation and outcome assessment;(iii)staffing and stakeholder engagement for the project;(iv)the logistics of the project, including cost estimates and timelines;(v)anticipated outcomes of the project; and(vi)mechanisms to encourage adequate local public participation in project development and implementation;(D)assurances that the project will be implemented in consultation with relevant wildlife management authorities, Indian Tribes, and other appropriate government officials;(E)evidence of free, informed, and prior consent by indigenous communities in the areas in which the project will be conducted, if the Secretary determines that the consent is required for the success of the project;(F)demonstrated sensitivity to—(i)local historic and cultural resources; and(ii)compliance with applicable laws;(G)information that demonstrates the potential of the project to contribute to the conservation of butterfly populations in North America;(H)evidence of support for the project by appropriate governmental entities of the countries, Indian Tribes, and indigenous communities in which the project will be conducted, if the Secretary determines that the support is required for the success of the project;(I)information regarding the source and amount of any matching funding available for the project; and(J)such other information as the Secretary may require.(c)Project review and approval(1)In generalThe Secretary shall—(A)not later than 30 days after receiving a project proposal, provide a copy of the proposal to other Federal officials, as appropriate; and(B)review each project proposal in a timely manner to determine whether the proposal meets the criteria described in paragraph (3).(2)Consultation; approval or disapprovalSubject to the availability of funds, not later than 180 days after receiving a project proposal, the Secretary, after consulting with other Federal officials, as appropriate, shall—(A)consult with the government of each country in which the project is to be carried out regarding the proposal;(B)after taking into consideration any comments resulting from the consultation under subparagraph (A), approve or disapprove the project proposal; and(C)provide written notification of the approval or disapproval of the project proposal to—(i)the person that submitted the project proposal;(ii)other appropriate Federal officials; and(iii)each country described in subparagraph (A).(3)Criteria for Approval(A)In generalThe Secretary may approve a project proposal under this section if the project will help recover and sustain viable populations of butterflies in the wild by assisting efforts in North America to implement butterfly conservation programs.(B)PriorityIn determining whether to approve a project proposal under this section, the Secretary shall give the highest priority to projects that conserve species listed as threatened species or endangered species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).(C)PreferencesIn determining whether to approve a project proposal under this section, the Secretary, to the maximum extent practicable, shall give preference to—(i)conservation projects that are designed to ensure effective, long-term conservation of butterflies and butterfly habitats; and(ii)projects for which matching funds are available.(D)WaiverThe Secretary may waive the application of subparagraphs (B) and (C) if the Secretary determines that the waiver is necessary to support a conservation project that the Secretary has identified as being of high priority.(d)Project reporting(1)In generalEach person that receives assistance for a project under this section shall submit to the Secretary, at such intervals as the Secretary may require, periodic reports that include all information that the Secretary, after consultation with other Federal Government officials, determines is necessary to evaluate the progress and success of the project for the purposes of ensuring positive results, assessing problems, and fostering improvements.(2)Availability to the publicEach report under paragraph (1) and any other document relating to a project for which financial assistance is provided under this title shall be made available to the public in a timely manner.105.North America Butterfly Conservation Fund(a)EstablishmentThere is established in the Treasury of the United States a separate account, to be known as the North America Butterfly Conservation Fund, consisting of—(1)amounts transferred to the Secretary of the Treasury for deposit into the Fund under subsection (e);(2)amounts appropriated to the Fund under section 107; and(3)any interest earned on investment of amounts in the Fund under subsection (c).(b)Expenditures from fund(1)In generalSubject to paragraph (2), at the request of the Secretary, the Secretary of the Treasury shall transfer from the Fund to the Secretary, without further appropriation, such amounts as the Secretary determines are necessary to carry out section 104.(2)Administrative expensesTo pay the administrative expenses necessary to carry out this title in a fiscal year, the Secretary may expend from the Fund not more than the greater of—(A)3 percent of the amounts in the Fund that are available for the fiscal year; and(B)$80,000.(c)Investment of amounts(1)In generalThe Secretary of the Treasury shall invest the portion of the Fund that is not, in the judgment of the Secretary of the Treasury, required to meet current withdrawals.(2)RequirementInvestments under paragraph (1) may be made only in interest-bearing obligations of the United States.(3)Acquisition of obligationsFor the purpose of investments under paragraph (1), obligations of the United States may be acquired—(A)on original issue at the issue price; or(B)by purchase of outstanding obligations at market price.(4)Sale of obligationsAny obligation of the United States acquired by the Fund may be sold by the Secretary of the Treasury at market price.(5)Credits to fundThe interest on, and the proceeds from the sale or redemption of, any obligations held in the Fund shall be credited to and form a part of the Fund.(d)Transfers of amounts(1)In generalNot less frequently than monthly, the Secretary of the Treasury shall transfer from the general fund of the Treasury to the Fund the amounts required to be transferred to the Fund under this section on the basis of estimates made by the Secretary of the Treasury.(2)AdjustmentsIn carrying out paragraph (1), the Secretary of the Treasury shall make proper adjustments in amounts transferred to the Fund to the extent that prior estimates were in excess of or less than the amounts required to be transferred under this section.(e)Acceptance and use of donations(1)In generalThe Secretary may accept for the Government, and shall transfer to the Secretary of the Treasury for deposit into the Fund, a gift to provide assistance under section 104 of—(A)money;(B)an obligation of the Government included in the public debt made only on the condition that the obligation be canceled and retired and not reissued; or(C)any other intangible personal property made only on the condition that the property is sold on the best terms available and the proceeds are deposited in the Fund.(2)Discretion to reject a giftThe Secretary may reject a gift under this subsection when the rejection is in the interest of the Government, as determined by the Secretary.(3)TaxesIf a gift received under this subsection is subject to a gift or inheritance tax, the Secretary may pay the tax out of the proceeds of the gift or the proceeds of the redemption or sale of the gift.106.Report to Congress(a)In generalNot later than January 31 of each year, the Secretary shall submit to Congress a report regarding the Fund and the status of butterflies in North America.(b)RequirementsEach report under subsection (a) shall include, for the year covered by the report, a description of—(1)the total amounts deposited into and expended from the Fund;(2)the costs associated with the administration of the Fund;(3)a summary of the projects for which the Secretary has provided assistance under section 104 and an evaluation of those projects; and(4)an evaluation of the status of threatened and endangered butterfly populations in North America.107.Authorization of appropriationsThere is authorized to be appropriated to the Fund $5,000,000 for each of fiscal years 2021 through 2026.IIPacific Islands Plant Conservation Fund Act of 2021201.Short titleThis title may be cited as the Pacific Islands Plant Conservation Fund Act of 2021.202.PurposeThe purpose of this title is to assist in the conservation of threatened and endangered plant species in the Hawaiian Islands and the Pacific Island Territories of the United States by supporting and providing financial resources for projects—(1)to conserve plant species;(2)to conserve the ecosystems of those plant species; and(3)to address other threats to the survival of those plant species.203.DefinitionsIn this title:(1)ConservationThe term conservation means the use of all methods and procedures necessary to protect plants in the Pacific Islands, including—(A)protection, restoration, and management of ecosystems;(B)onsite research and monitoring of—(i)plant populations;(ii)plant ecosystems;(iii)annual plant reproduction; and(iv)plant population trends;(C)assistance in the development, implementation, and improvement of management plans;(D)enforcement and implementation of applicable conservation laws; and(E)community outreach and education.(2)FundThe term Fund means the Pacific Islands Plant Conservation Fund established by section 205(a).(3)Pacific IslandsThe term Pacific Islands means—(A)the Hawaiian Islands; and(B)the United States territories of—(i)Guam;(ii)American Samoa; and(iii)the Commonwealth of the Northern Mariana Islands.204.Pacific Islands plant conservation assistance(a)Assistance(1)In generalSubject to the availability of funds, and in consultation with other Federal officials, the Secretary of the Interior shall provide competitive financial assistance, including multiyear grants, for projects for the conservation of plant species on the Pacific Islands and for which a project proposal is approved by the Secretary under subsection (c).(2)Use of existing authoritiesAssistance provided under this section shall be carried out in a manner consistent with authorities available to the Secretary under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).(b)Project proposals(1)Eligible applicantsA project proposal may be submitted to the Secretary under this section by—(A)a relevant State, territory, or Tribal agency with the research expertise required for the conservation of plant species on the Pacific Islands; and(B)any other individual or entity, as determined appropriate by the Secretary, with the expertise required for the conservation of plant species on the Pacific Islands.(2)Federal partnership opportunities(A)In generalA Federal agency may be included as a partner or a collaborator on a project that receives funding under this section.(B)ProhibitionA Federal agency may not—(i)be a lead entity on a project that receives funding under this section; or(ii)receive funding for a project under this section.(3)Required elementsA project proposal shall include—(A)a statement of the purposes of the project;(B)the name of the entity or individual with overall responsibility for the project;(C)a description of—(i)the qualifications of the entity or individuals that will carry out the project;(ii)methods for project implementation and outcome assessment;(iii)staffing and stakeholder engagement for the project;(iv)the logistics of the project, including cost estimates and timelines;(v)anticipated outcomes of the project;(vi)mechanisms to ensure adequate local public participation in project development and implementation; and(vii)how the project will promote sustainable, effective, long-term programs to conserve plant populations on the Pacific Islands;(D)demonstrated sensitivity to—(i)local historic and cultural resources; and(ii)compliance with applicable laws;(E)assurances that the project will be implemented in consultation with relevant wildlife management authorities, Indian Tribes, and other appropriate government officials;(F)information that demonstrates the clear potential of the project to contribute to the conservation of threatened and endangered plant species on the Pacific Islands;(G)information regarding the source and amount of any matching funding available for the project; and(H)such other information as the Secretary may require.(c)Project review and approval(1)In generalThe Secretary shall—(A)not later than 30 days after receiving a project proposal, provide a copy of the proposal to other Federal officials, as appropriate; and(B)review each project proposal in a timely manner to determine whether the proposal meets the criteria described in paragraph (3).(2)Consultation; approval or disapprovalSubject to the availability of funds, not later than 180 days after receiving a project proposal, the Secretary, after consulting with other Federal officials, as appropriate, shall—(A)consult with the government of the State or territory in which the project is to be carried out regarding the proposal; and(B)provide written notification of the approval or disapproval of the proposal to—(i)the individual or entity that submitted the project proposal;(ii)other appropriate Federal officials; and(iii)each State or territory described in subparagraph (A).(3)Criteria for approval(A)In generalThe Secretary may approve a project proposal under this section if the project will help recover and sustain viable populations of threatened and endangered plants by assisting efforts on the Pacific Islands to implement plant conservation programs.(B)PriorityIn determining whether to approve a project proposal under this section, the Secretary shall give the highest priority to projects that conserve species listed as threatened species or endangered species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).(C)PreferencesIn determining whether to approve a project proposal under this section, the Secretary, to the maximum extent practicable, shall give preference to—(i)conservation projects that are designed to ensure effective, long-term conservation of plants and plant ecosystems; and(ii)projects for which matching funds are available.(D)WaiverThe Secretary may waive the application of subparagraphs (B) and (C) if the Secretary determines that the waiver is necessary to support a conservation project that the Secretary has identified as being of high priority.(d)Project reporting(1)In generalEach individual or entity that receives assistance for a project under this section shall submit to the Secretary, at such intervals as the Secretary may require, periodic reports that include all information that the Secretary, after consultation with other government officials, determines is necessary to evaluate the progress and success of the project for the purposes of ensuring positive results, assessing problems, and fostering improvements.(2)Availability to the publicEach report under paragraph (1) and any other document relating to a project for which financial assistance is provided under this title shall be made available to the public in a timely manner.205.Pacific Islands Plant Conservation Fund(a)EstablishmentThere is established in the Treasury of the United States a separate account, to be known as the Pacific Islands Plant Conservation Fund, consisting of—(1)amounts transferred to the Secretary of the Treasury for deposit into the Fund under subsection (e);(2)amounts appropriated to the Fund under section 207; and(3)any interest earned on investment of amounts in the Fund under subsection (c).(b)Expenditures from fund(1)In generalSubject to paragraph (2), at the request of the Secretary, the Secretary of the Treasury shall transfer from the Fund to the Secretary, without further appropriation, such amounts as the Secretary determines are necessary to carry out section 204.(2)Administrative expensesTo pay the administrative expenses necessary to carry out this title in a fiscal year, the Secretary may expend from the Fund not more than the greater of—(A)3 percent of the amounts in the Fund that are available for the fiscal year; and(B)$80,000.(c)Investment of amounts(1)In generalThe Secretary of the Treasury shall invest the portion of the Fund that is not, in the judgment of the Secretary of the Treasury, required to meet current withdrawals.(2)RequirementInvestments under paragraph (1) may be made only in interest-bearing obligations of the United States.(3)Acquisition of obligationsFor the purpose of investments under paragraph (1), obligations of the United States may be acquired—(A)on original issue at the issue price; or(B)by purchase of outstanding obligations at market price.(4)Sale of obligationsAny obligation of the United States acquired by the Fund may be sold by the Secretary of the Treasury at market price.(5)Credits to fundThe interest on, and the proceeds from the sale or redemption of, any obligations held in the Fund shall be credited to and form a part of the Fund.(d)Transfers of amounts(1)In generalNot less frequently than monthly, the Secretary of the Treasury shall transfer from the general fund of the Treasury to the Fund the amounts required to be transferred to the Fund under this section on the basis of estimates made by the Secretary of the Treasury.(2)AdjustmentsIn carrying out paragraph (1), the Secretary of the Treasury shall make proper adjustments in amounts transferred to the Fund to the extent that prior estimates were in excess of or less than the amounts required to be transferred under this section.(e)Acceptance and use of donations(1)In generalThe Secretary may accept for the Government, and shall transfer to the Secretary of the Treasury for deposit into the Fund, a gift to provide assistance under section 204 of—(A)money;(B)an obligation of the Government included in the public debt made only on the condition that the obligation be canceled and retired and not reissued; or(C)any other intangible personal property made only on the condition that the property is sold on the best terms available and the proceeds are deposited in the Fund.(2)Discretion to reject a giftThe Secretary may reject a gift under this subsection when the rejection is in the interest of the Government, as determined by the Secretary.(3)TaxesIf a gift received under this subsection is subject to a gift or inheritance tax, the Secretary may pay the tax out of the proceeds of the gift or the proceeds of the redemption or sale of the gift.206.Report to Congress(a)In generalNot later than January 31 of each year, the Secretary shall submit to Congress a report regarding the Fund and the status of threatened and endangered plant species on the Pacific Islands.(b)RequirementsEach report under subsection (a) shall include, for the year covered by the report, a description of—(1)the total amounts deposited into and expended from the Fund;(2)the costs associated with the administration of the Fund;(3)a summary of the projects for which the Secretary has provided assistance under section 204 and an evaluation of those projects; and(4)an evaluation of the status of threatened and endangered plant populations on the Pacific Islands.207.Authorization of appropriationsThere is authorized to be appropriated to the Fund $5,000,000 for each of fiscal years 2021 through 2026.IIIFreshwater Mussel Conservation Fund Act of 2021301.Short titleThis title may be cited as the Freshwater Mussel Conservation Fund Act of 2021.302.PurposeThe purpose of this title is to assist in the conservation of threatened and endangered freshwater mussel species and the habitats of those species in the United States by supporting and providing financial resources for projects—(1)to conserve freshwater mussel species;(2)to conserve the habitats of those species; and(3)to address other threats to the survival of those species.303.DefinitionsIn this title:(1)ConservationThe term conservation means the use of all methods and procedures necessary to protect habitats of freshwater mussel species in the United States and the freshwater mussel species in those habitats, including—(A)protection, restoration, and management of the habitats;(B)onsite research and monitoring of—(i)freshwater mussel populations;(ii)freshwater mussel habitats;(iii)annual freshwater mussel reproduction; and(iv)freshwater mussel species population trends;(C)assistance in the development, implementation, and improvement of national and regional management plans;(D)enforcement and implementation of applicable conservation laws; and(E)community outreach and education.(2)Freshwater musselThe term freshwater mussel means any member of the order Unioinida.(3)FundThe term Fund means the Freshwater Mussel Conservation Fund established by section 305(a).304.Freshwater mussel conservation assistance(a)Assistance(1)In generalSubject to the availability of funds, and in consultation with other Federal officials, the Secretary shall provide competitive financial assistance, including multiyear grants, for projects for the conservation of freshwater mussels in the United States and for which a project proposal is approved by the Secretary under subsection (c).(2)Use of existing authoritiesAssistance provided under this section shall be carried out in a manner consistent with authorities available to the Secretary under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).(b)Project proposals(1)Eligible applicantsA project proposal may be submitted to the Secretary under this section by—(A)a relevant State or Tribal agency, research institution, or nonprofit organization with the expertise required for the conservation of freshwater mussels in the United States; and(B)any other individual or entity, as determined appropriate by the Secretary, with the expertise required for the conservation of freshwater mussels in the United States.(2)Federal partnership opportunities(A)In generalA Federal agency may be included as a partner or a collaborator on a project that receives funding under this section.(B)ProhibitionA Federal agency may not—(i)be a lead entity on a project that receives funding under this section; or(ii)receive funding for a project under this section.(3)Required elementsA project proposal shall include—(A)a statement of the purposes of the project;(B)the name of the entity or individual with overall responsibility for the project;(C)a description of—(i)the qualifications of the entity or individuals that will carry out the project;(ii)methods for project implementation and outcome assessment;(iii)staffing and stakeholder engagement for the project;(iv)the logistics of the project, including cost estimates and timelines;(v)anticipated outcomes of the project;(vi)mechanisms to ensure adequate local public participation in project development and implementation; and(vii)how the project will promote sustainable, effective, long-term programs to conserve freshwater mussel populations in the United States;(D)demonstrated sensitivity to—(i)local historic and cultural resources; and(ii)compliance with applicable laws;(E)assurances that the project will be implemented in consultation with relevant wildlife management authorities, Indian Tribes, and other appropriate government officials;(F)information that demonstrates the clear potential of the project to contribute to the conservation of freshwater mussels in the United States;(G)information regarding the source and amount of any matching funding available for the project; and(H)such other information as the Secretary may require.(c)Project review and approval(1)In generalThe Secretary shall annually—(A)solicit project proposals for grants under this section;(B)provide to other Federal officials, as appropriate, copies of each proposal submitted in response to the solicitation; and(C)review, on a timeline that recognizes the urgency of the declining number of freshwater mussel species in the United States, each project proposal submitted in response to the solicitation to determine whether the proposal meets the criteria described in paragraph (3).(2)Consultation; approval or disapprovalSubject to the availability of funds, for each project proposal submitted to the Secretary under this section, the Secretary, after consulting with other Federal officials, as appropriate, shall—(A)consult with the government of each State and territory in which the project is to be carried out regarding the proposal; and(B)provide written notification of the approval or disapproval of the project proposal to—(i)the individual or entity that submitted the project proposal;(ii)other appropriate Federal officials; and(iii)each State and territory described in subparagraph (A).(3)Criteria for approval(A)In generalThe Secretary may approve a project proposal under this section if the project shows promise for contributing to recovering and sustaining wild freshwater mussel populations in the United States.(B)PriorityIn determining whether to approve a project proposal under this section, the Secretary shall give the highest priority to projects that conserve species listed as threatened species or endangered species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).(C)PreferencesIn determining whether to approve a project proposal under this section, the Secretary, to the maximum extent practicable, shall give preference to—(i)conservation projects that are designed to ensure effective, long-term conservation of freshwater mussels and freshwater mussel habitats; and(ii)projects for which matching funds are available.(D)WaiverThe Secretary may waive the application of subparagraphs (B) and (C) if the Secretary determines that the waiver is necessary to support a conservation project that the Secretary has identified as being of high priority.(d)Project reporting(1)In generalEach individual or entity that receives assistance for a project under this section shall submit to the Secretary, at such intervals as the Secretary may require, periodic reports that include all information that the Secretary, after consultation with other government officials, determines is necessary to evaluate the progress and success of the project for the purposes of ensuring positive results, assessing problems, and fostering improvements.(2)Availability to the publicEach report under paragraph (1) and any other document relating to a project for which financial assistance is provided under this title shall be made available to the public in a timely manner.305.Freshwater Mussel Conservation Fund(a)EstablishmentThere is established in the Treasury of the United States a separate account, to be known as the Freshwater Mussel Conservation Fund, consisting of—(1)amounts transferred to the Secretary of the Treasury for deposit into the Fund under subsection (e);(2)amounts appropriated to the Fund under section 307; and(3)any interest earned on investment of amounts in the Fund under subsection (c).(b)Expenditures from fund(1)In generalSubject to paragraph (2), at the request of the Secretary, the Secretary of the Treasury shall transfer from the Fund to the Secretary, without further appropriation, such amounts as the Secretary determines are necessary to carry out section 304.(2)Administrative expensesTo pay the administrative expenses necessary to carry out this title in a fiscal year, the Secretary may expend from the Fund not more than the greater of—(A)3 percent of the amounts in the Fund that are available for the fiscal year; and(B)$80,000.(c)Investment of amounts(1)In generalThe Secretary of the Treasury shall invest the portion of the Fund that is not, in the judgment of the Secretary of the Treasury, required to meet current withdrawals.(2)RequirementInvestments under paragraph (1) may be made only in interest-bearing obligations of the United States.(3)Acquisition of obligationsFor the purpose of investments under paragraph (1), obligations of the United States may be acquired—(A)on original issue at the issue price; or(B)by purchase of outstanding obligations at market price.(4)Sale of obligationsAny obligation of the United States acquired by the Fund may be sold by the Secretary of the Treasury at market price.(5)Credits to fundThe interest on, and the proceeds from the sale or redemption of, any obligations held in the Fund shall be credited to and form a part of the Fund.(d)Transfers of amounts(1)In generalNot less frequently than monthly, the Secretary of the Treasury shall transfer from the general fund of the Treasury to the Fund the amounts required to be transferred to the Fund under this section on the basis of estimates made by the Secretary of the Treasury.(2)AdjustmentsIn carrying out paragraph (1), the Secretary of the Treasury shall make proper adjustments in amounts transferred to the Fund to the extent that prior estimates were in excess of or less than the amounts required to be transferred under this section.(e)Acceptance and use of donations(1)In generalThe Secretary may accept for the Government, and shall transfer to the Secretary of the Treasury for deposit into the Fund, a gift to provide assistance under section 304 of—(A)money;(B)an obligation of the Government included in the public debt made only on the condition that the obligation be canceled and retired and not reissued; or(C)any other intangible personal property made only on the condition that the property is sold on the best terms available and the proceeds are deposited in the Fund.(2)Discretion to reject a giftThe Secretary may reject a gift under this subsection when the rejection is in the interest of the Government, as determined by the Secretary.(3)TaxesIf a gift received under this subsection is subject to a gift or inheritance tax, the Secretary may pay the tax out of the proceeds of the gift or the proceeds of the redemption or sale of the gift.306.Report to Congress(a)In generalNot later than January 31 of each year, the Secretary shall submit to Congress a report regarding the Fund and the status of freshwater mussels in the United States.(b)RequirementsEach report under subsection (a) shall include, for the year covered by the report, a description of—(1)the total amounts deposited into and expended from the Fund;(2)the costs associated with the administration of the Fund;(3)a summary of the projects for which the Secretary has provided assistance under section 304 and an evaluation of those projects; and(4)an evaluation of the status of threatened and endangered freshwater mussel populations in the United States.307.Authorization of appropriationsThere is authorized to be appropriated to the Fund $5,000,000 for each of fiscal years 2021 through 2026.IVSouthwest Desert Fish Conservation Fund Act of 2021401.Short titleThis title may be cited as the Southwest Desert Fish Conservation Fund Act of 2021.402.PurposeThe purpose of this title is to assist in the conservation of threatened and endangered desert fish species and the habitats of those species in the Southwest by supporting and providing financial resources for projects—(1)to conserve desert fish species;(2)to conserve the habitats of desert fish species; and(3)to address other threats to the survival of desert fish species.403.DefinitionsIn this title:(1)ConservationThe term conservation means the use of all methods and procedures necessary to protect habitats of desert fish species in the Southwest and the desert fish species in those habitats, including—(A)protection, restoration, and management of the habitats;(B)onsite research and monitoring of—(i)desert fish populations;(ii)desert fish habitats;(iii)annual desert fish reproduction; and(iv)desert fish species population trends;(C)assistance in the development, implementation, and improvement of national and regional management plans;(D)enforcement and implementation of applicable conservation laws; and(E)community outreach and education.(2)Desert fishThe term desert fish means any member of the class Osteichthyes living in a desert ecosystem.(3)FundThe term Fund means the Southwest Desert Fish Conservation Fund established by section 405(a).(4)SouthwestThe term Southwest means the States of—(A)Arizona;(B)California;(C)Colorado;(D)Nevada;(E)New Mexico;(F)Oregon; and(G)Utah.404.Southwest desert fish conservation assistance(a)Assistance(1)In generalSubject to the availability of funds, and in consultation with other Federal officials, the Secretary shall provide competitive financial assistance, including multiyear grants, for projects for the conservation of desert fish species in the Southwest and for which a project proposal is approved by the Secretary under subsection (c).(2)Use of existing authoritiesAssistance provided under this section shall be carried out in a manner consistent with authorities available to the Secretary under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).(b)Project proposals(1)Eligible applicantsA project proposal may be submitted to the Secretary under this section by—(A)a relevant State or Tribal agency, research institution, or nonprofit organization with expertise required for the conservation of desert fish species in the Southwest; and(B)any other individual or entity, as determined appropriate by the Secretary, with the expertise required for the conservation of desert fish species in the Southwest.(2)Federal partnership opportunities(A)In generalA Federal agency may be included as a partner or a collaborator on a project that receives funding under this section.(B)ProhibitionA Federal agency may not—(i)be a lead entity on a project that receives funding under this section; or(ii)receive funding for a project under this section.(3)Required elementsA project proposal shall include—(A)a statement of the purposes of the project;(B)the name of the entity or individual with overall responsibility for the project;(C)a description of—(i)the qualifications of the entity or individuals that will carry out the project;(ii)methods for project implementation and outcome assessment;(iii)staffing and stakeholder engagement for the project;(iv)the logistics of the project, including cost estimates and timelines;(v)anticipated outcomes of the project;(vi)mechanisms to ensure adequate local public participation in project development and implementation; and(vii)how the project will promote sustainable, effective, long-term programs to conserve desert fish populations in the Southwest;(D)demonstrated sensitivity to—(i)local historic and cultural resources; and(ii)compliance with applicable laws;(E)assurances that the project will be implemented in consultation with relevant wildlife management authorities, Indian Tribes, and other appropriate government officials;(F)information that demonstrates the clear potential of the project to contribute to the conservation of desert fish populations in the Southwest;(G)information regarding the source and amount of any matching funding available for the project; and(H)such other information as the Secretary may require.(c)Project review and approval(1)In generalThe Secretary shall annually—(A)solicit project proposals for grants under this section;(B)provide to other Federal officials, as appropriate, copies of each proposal submitted in response to the solicitation; and(C)review, on a timeline that recognizes the urgency of the declining number of desert fish species in the Southwest, each project proposal submitted in response to the solicitation to determine whether the proposal meets the criteria specified in paragraph (3).(2)Consultation; approval or disapprovalSubject to the availability of funds, for each project proposal submitted under this section, the Secretary, after consulting with other Federal officials, as appropriate, shall—(A)consult with the government of each State in which the project is to be carried out regarding the proposal; and(B)provide written notification of the approval or disapproval of the project proposal to—(i)the individual or entity that submitted the project proposal;(ii)other appropriate Federal officials; and(iii)each State described in subparagraph (A).(3)Criteria for approval(A)In generalThe Secretary may approve a project proposal under this section if the project shows promise for contributing to recovering and sustaining wild desert fish populations in the Southwest.(B)PriorityIn determining whether to approve a project proposal under this section, the Secretary shall give the highest priority to projects that conserve species listed as threatened species or endangered species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).(C)PreferencesIn determining whether to approve a project proposal under this section, the Secretary, to the maximum extent practicable, shall give preference to—(i)conservation projects that are designed to ensure effective, long-term conservation of desert fish and desert fish habitats; and(ii)projects for which matching funds are available.(D)WaiverThe Secretary may waive the application of subparagraphs (B) and (C) if the Secretary determines that the waiver is necessary to support a conservation project that the Secretary has identified as being of high priority.(d)Project reporting(1)In generalEach individual or entity that receives assistance for a project under this section shall submit to the Secretary, at such intervals as the Secretary may require, periodic reports that include all information that the Secretary, after consultation with other government officials, determines is necessary to evaluate the progress and success of the project for the purposes of ensuring positive results, assessing problems, and fostering improvements.(2)Availability to the publicEach report under paragraph (1) and any other document relating to a project for which financial assistance is provided under this title shall be made available to the public in a timely manner.405.Southwest Desert Fish Conservation Fund(a)EstablishmentThere is established in the Treasury of the United States a separate account, to be known as the Southwest Desert Fish Conservation Fund, consisting of—(1)amounts transferred to the Secretary of the Treasury for deposit into the Fund under subsection (e);(2)amounts appropriated to the Fund under section 407; and(3)any interest earned on investment of amounts in the Fund under subsection (c).(b)Expenditures from fund(1)In generalSubject to paragraph (2), at the request of the Secretary, the Secretary of the Treasury shall transfer from the Fund to the Secretary, without further appropriation, such amounts as the Secretary determines are necessary to carry out section 404.(2)Administrative expensesTo pay the administrative expenses necessary to carry out this title in a fiscal year, the Secretary may expend from the Fund not more than the greater of—(A)3 percent of the amounts in the Fund that are available for the fiscal year; and(B)$80,000.(c)Investment of amounts(1)In generalThe Secretary of the Treasury shall invest the portion of the Fund that is not, in the judgment of the Secretary of the Treasury, required to meet current withdrawals.(2)RequirementInvestments under paragraph (1) may be made only in interest-bearing obligations of the United States.(3)Acquisition of obligationsFor the purpose of investments under paragraph (1), obligations of the United States may be acquired—(A)on original issue at the issue price; or(B)by purchase of outstanding obligations at market price.(4)Sale of obligationsAny obligation of the United States acquired by the Fund may be sold by the Secretary of the Treasury at market price.(5)Credits to fundThe interest on, and the proceeds from the sale or redemption of, any obligations held in the Fund shall be credited to and form a part of the Fund.(d)Transfers of Amounts(1)In generalNot less frequently than monthly, the Secretary of the Treasury shall transfer from the general fund of the Treasury to the Fund the amounts required to be transferred to the Fund under this section on the basis of estimates made by the Secretary of the Treasury.(2)AdjustmentsIn carrying out paragraph (1), the Secretary of the Treasury shall make proper adjustments in amounts transferred to the Fund to the extent that prior estimates were in excess of or less than the amounts required to be transferred under this section.(e)Acceptance and use of donations(1)In generalThe Secretary may accept for the Government, and shall transfer to the Secretary of the Treasury for deposit into the Fund, a gift to provide assistance under section 404 of—(A)money;(B)an obligation of the Government included in the public debt made only on the condition that the obligation be canceled and retired and not reissued; or(C)any other intangible personal property made only on the condition that the property is sold on the best terms available and the proceeds are deposited in the Fund.(2)Discretion to reject a giftThe Secretary may reject a gift under this subsection when the rejection is in the interest of the Government, as determined by the Secretary.(3)TaxesIf a gift received under this subsection is subject to a gift or inheritance tax, the Secretary may pay the tax out of the proceeds of the gift or the proceeds of the redemption or sale of the gift.406.Report to Congress(a)In generalNot later than January 31 of each year, the Secretary shall submit to Congress a report regarding the Fund and the status of desert fish in the Southwest.(b)RequirementsEach report under subsection (a) shall include, for the year covered by the report, a description of—(1)the total amounts deposited into and expended from the Fund;(2)the costs associated with the administration of the Fund;(3)a summary of the projects for which the Secretary has provided assistance under section 404 and an evaluation of those projects; and(4)an evaluation of the status of threatened and endangered desert fish populations in the Southwest.407.Authorization of appropriationsThere is authorized to be appropriated to the Fund $5,000,000 for each of fiscal years 2021 through 2026.