US Codex
Pub. L.
Notes

Title IX — Miscellaneous

116th Congress · Approved Mar 12, 2019 · 133 Stat. 580

TITLE IX Miscellaneous

SEC. 9001. Every Kid Outdoors Act.

(a)
Definitions.— In this section:
(1)
Federal land and waters.— The term “Federal land and waters” means any Federal land or body of water under the jurisdiction of any of the Secretaries to which the public has access.
(2)
Program.— The term “program” means the Every Kid Outdoors program established under subsection (b)(1).
(3)
Secretaries.— The term “Secretaries” means—
(A)
the Secretary, acting through—
(i)
the Director of the National Park Service;
(ii)
the Director of the United States Fish and Wildlife Service;
(iii)
the Director of the Bureau of Land Management; and
(iv)
the Commissioner of Reclamation;
(B)
the Secretary of Agriculture, acting through the Chief of the Forest Service;
(C)
the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration; and
(D)
the Secretary of the Army, acting through the Assistant Secretary of the Army for Civil Works.
(4)
State.— The term “State” means each of the several States, the District of Columbia, American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, the Virgin Islands of the United States, and any other territory or possession of the United States.
(5)
Student or students.— The term “student” or “students” means any fourth grader or home-schooled learner 10 years of age residing in the United States, including any territory or possession of the United States.
(b)
Every Kid Outdoors Program.—
(1)
Establishment.— The Secretaries shall jointly establish a program, to be known as the “Every Kid Outdoors program”, to provide free access to Federal land and waters for students and accompanying individuals in accordance with this subsection.
(2)
Annual passes.—
(A)
In general.— At the request of a student, the Secretaries shall issue a pass to the student, which allows access to Federal lands and waters for which access is subject to an entrance, standard amenity, or day use fee, free of charge for the student and—
(i)
in the case of a per-vehicle fee area—
(I)
any passengers accompanying the student in a private, noncommercial vehicle; or
(II)
not more than three adults accompanying the student on bicycles; or
(ii)
in the case of a per-person fee area, not more than three adults accompanying the student.
(B)
Term.— A pass described in subparagraph (A) shall be effective during the period beginning on September 1 and ending on August 31 of the following year.
(C)
Presence of a student in grade four required.— A pass described in subparagraph (A) shall be effective only if the student to which the pass was issued is present at the point of entry to the applicable Federal land or water.
(3)
Other activities.— In carrying out the program, the Secretaries—
(A)
may collaborate with State Park systems that opt to implement a complementary Every Kid Outdoors State park pass;
(B)
may coordinate with the Secretary of Education to implement the program;
(C)
shall maintain a publicly available website with information about the program;
(D)
may provide visitor services for the program; and
(E)
may support approved partners of the Federal land and waters by providing the partners with opportunities to participate in the program.
(4)
Reports.— The Secretary, in coordination with each Secretary described in subparagraphs (B) through (D) of subsection (a)(3), shall prepare a comprehensive report to Congress each year describing—
(A)
the implementation of the program;
(B)
the number and geographical distribution of students who participated in the program; and
(C)
the number of passes described in paragraph (2)(A) that were distributed.
(5)
Sunset.— The authorities provided in this section, including the reporting requirement, shall expire on the date that is 7 years after the date of enactment of this Act.

SEC. 9002. Good Samaritan Search and Recovery Act.

(a)
Definitions.— In this section:
(1)
Eligible.— The term “eligible”, with respect to an organization or individual, means that the organization or individual, respectively, is—
(A)
acting in a not-for-profit capacity; and
(B)
composed entirely of members who, at the time of the good Samaritan search-and-recovery mission, have attained the age of majority under the law of the State where the mission takes place.
(2)
Good samaritan search-and-recovery mission.— The term “good Samaritan search-and-recovery mission” means a search conducted by an eligible organization or individual for 1 or more missing individuals believed to be deceased at the time that the search is initiated.
(3)
Secretary.— The term “Secretary” means the Secretary or the Secretary of Agriculture, as applicable.
(b)
Process.—
(1)
In general.— Each Secretary shall develop and implement a process to expedite access to Federal land under the administrative jurisdiction of the Secretary for eligible organizations and individuals to request access to Federal land to conduct good Samaritan search-and-recovery missions.
(2)
Inclusions.— The process developed and implemented under this subsection shall include provisions to clarify that—
(A)
an eligible organization or individual granted access under this section—
(i)
shall be acting for private purposes; and
(ii)
shall not be considered to be a Federal volunteer;
(B)
an eligible organization or individual conducting a good Samaritan search-and-recovery mission under this section shall not be considered to be a volunteer under section 102301(c) of title 54, United States Code;
(C)
chapter 171 of title 28, United States Code (commonly known as the “Federal Tort Claims Act”), shall not apply to an eligible organization or individual carrying out a privately requested good Samaritan search-and-recovery mission under this section; and
(D)
chapter 81 of title 5, United States Code (commonly known as the “Federal Employees Compensation Act”), shall not apply to an eligible organization or individual conducting a good Samaritan search-and-recovery mission under this section, and the conduct of the good Samaritan search-and-recovery mission shall not constitute civilian employment.
(c)
Release of Federal Government From Liability.— The Secretary shall not require an eligible organization or individual to have liability insurance as a condition of accessing Federal land under this section, if the eligible organization or individual—
(1)
acknowledges and consents, in writing, to the provisions described in subparagraphs (A) through (D) of subsection (b)(2); and
(2)
signs a waiver releasing the Federal Government from all liability relating to the access granted under this section and agrees to indemnify and hold harmless the United States from any claims or lawsuits arising from any conduct by the eligible organization or individual on Federal land.
(d)
Approval and Denial of Requests.—
(1)
In general.— The Secretary shall notify an eligible organization or individual of the approval or denial of a request by the eligible organization or individual to carry out a good Samaritan search-and-recovery mission under this section by not later than 48 hours after the request is made.
(2)
Denials.— If the Secretary denies a request from an eligible organization or individual to carry out a good Samaritan search-and-recovery mission under this section, the Secretary shall notify the eligible organization or individual of—
(A)
the reason for the denial of the request; and
(B)
any actions that the eligible organization or individual can take to meet the requirements for the request to be approved.
(e)
Partnerships.— Each Secretary shall develop search-and-recovery-focused partnerships with search-and-recovery organizations—
(1)
to coordinate good Samaritan search-and-recovery missions on Federal land under the administrative jurisdiction of the Secretary; and
(2)
to expedite and accelerate good Samaritan search-and-recovery mission efforts for missing individuals on Federal land under the administrative jurisdiction of the Secretary.
(f)
Report.— Not later than 180 days after the date of enactment of this Act, the Secretaries shall submit to Congress a joint report describing—
(1)
plans to develop partnerships described in subsection (e)(1); and
(2)
efforts carried out to expedite and accelerate good Samaritan search-and-recovery mission efforts for missing individuals on Federal land under the administrative jurisdiction of each Secretary pursuant to subsection (e)(2).

SEC. 9003. John S. Mccain Iii 21st Century Conservation Service Corps Act.

(a)
Definitions.— Section 203 of the Public Lands Corps Act of 1993 (16 U.S.C. 1722) is amended—
(1)
in paragraph (2), by striking “ under section 204” and inserting “ by section 204(a)(1)”;
(2)
by redesignating paragraphs (8) through (13) as paragraphs (9) through (14), respectively;
(3)
by inserting after paragraph (7) the following:

“(8) Institution of higher education.—

“(A) In general.—The term ‘institution of higher education’ has the meaning given the term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002).

“(B) Exclusion.—The term ‘institution of higher education’ does not include—

“(i) an institution described in section 101(b) of the Higher Education Act of 1965 (20 U.S.C. 1001(b)); or

“(ii) an institution outside the United States, as described in section 102(a)(1)(C) of the Higher Education Act of 1965 (20 U.S.C. 1002(a)(1)(C)).”

(4)
in paragraph (9) (as so redesignated)—
(A)
in the matter preceding subparagraph (A), by striking “ , as follows” and inserting “ and other conservation and restoration initiatives, as follows”; and
(B)
by adding at the end the following:

“(E) To protect, restore, or enhance marine, estuarine, riverine, and coastal habitat ecosystem components—

“(i) to promote the recovery of threatened species, endangered species, and managed fisheries;

“(ii) to restore fisheries, protected resources, and habitats impacted by oil and chemical spills and natural disasters; or

“(iii) to enhance the resilience of coastal ecosystems, communities, and economies through habitat conservation.”

(5)
in subparagraph (A) of paragraph (11) (as so redesignated), by striking “ individuals between the ages of 16 and 30, inclusive,” and inserting “ individuals between the ages of 16 and 30, inclusive, or veterans age 35 or younger”;
(6)
in paragraph (13) (as so redesignated)—
(A)
in subparagraph (A), by striking “ and” at the end;
(B)
in subparagraph (B), by striking the period at the end and inserting “ ; and”; and
(C)
by adding at the end the following:

“(C) with respect to the National Marine Sanctuary System, coral reefs, and other coastal, estuarine, and marine habitats, and other land and facilities administered by the National Oceanic and Atmospheric Administration, the Secretary of Commerce.”

; and

(7)
by adding at the end the following:

“(15) Veteran.—The term ‘veteran’ has the meaning given the term in section 101 of title 38, United States Code.”

(b)
Public Lands Corps Program.— Section 204 of the Public Lands Corps Act of 1993 (16 U.S.C. 1723) is amended—
(1)
by striking subsection (a) and inserting the following:

“(a) Establishment of Public Lands Corps.—

“(1) In general.—There is established in the Department of the Interior, the Department of Agriculture, and the Department of Commerce a corps, to be known as the ‘Public Lands Corps’.

“(2) No effect on other agencies.—Nothing in this subsection precludes the establishment of a public lands corps by the head of a Federal department or agency other than a department described in paragraph (1), in accordance with this Act.”

(2)
in subsection (b)—
(A)
in the first sentence, by striking “ individuals between the ages of 16 and 30, inclusive,” and inserting “ individuals between the ages of 16 and 30, inclusive, and veterans age 35 or younger”; and
(B)
in the second sentence, by striking “ section 137(b) of the National and Community Service Act of 1990” and inserting “ paragraphs (1), (2), (4), and (5) of section 137(a) of the National and Community Service Act of 1990 (42 U.S.C. 12591(a))”; and
(3)
by adding at the end the following:

“(g) Effect.—Nothing in this section authorizes the use of the Public Lands Corps for projects on or impacting real property owned by, operated by, or within the custody, control, or administrative jurisdiction of the Administrator of General Services without the express permission of the Administrator of General Services.”

(c)
Transportation.— Section 205 of the Public Lands Corps Act of 1993 (16 U.S.C. 1724) is amended by adding at the end the following:

“(e) Transportation.—The Secretary may provide to Corps participants who reside in their own homes transportation to and from appropriate conservation project sites.”

(d)
Resource Assistants.—
(1)
In general.— Section 206(a) of the Public Lands Corps Act of 1993 (16 U.S.C. 1725(a)) is amended by striking the first sentence and inserting the following: “ The Secretary may provide individual placements of resource assistants to carry out research or resource protection activities on behalf of the Secretary.”.
(2)
Direct hire authority.— Section 121(a) of the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2012 (16 U.S.C. 1725a), is amended—
(A)
in paragraph (1)—
(i)
by striking “ Secretary of the Interior” and inserting “ Secretary (as defined in section 203 of the Public Lands Corps Act of 1993 (16 U.S.C. 1722))”;
(ii)
by striking “ paragraph (1)” and inserting “ paragraph (2)”; and
(iii)
by striking “ with a land managing agency of the Department of the Interior”; and
(B)
in paragraph (2)(A), by striking “ with a land managing agency” and inserting “ with the Secretary (as so defined)”.
(e)
Compensation and Employment Standards.— Section 207 of the Public Lands Corps Act of 1993 (16 U.S.C. 1726) is amended—
(1)
by striking the section heading and inserting “ compensation and terms of service”;
(2)
by redesignating subsections (b) and (c) as subsections (c) and (d), respectively;
(3)
by inserting after subsection (a) the following:

“(b) Educational Credit.—The Secretary may provide a Corps participant with an educational credit that may be applied toward a program of postsecondary education at an institution of higher education that agrees to award the credit for participation in the Corps.”

(4)
in subsection (c) (as so redesignated)—
(A)
by striking “ Each participant” and inserting the following:

“(1) In general.—Each participant”

; and

(B)
by adding at the end the following:

“(2) Indian youth service corps.—With respect to the Indian Youth Service Corps established under section 210, the Secretary shall establish the term of service of participants in consultation with the affected Indian tribe.”

(5)
in subsection (d) (as so redesignated)—
(A)
by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and indenting the subparagraphs appropriately;
(B)
in the matter preceding subparagraph (A) (as so redesignated), by striking “ The Secretary” and inserting the following:

“(1) In general.—The Secretary”

; and

(C)
by adding at the end the following:

“(2) Time-limited appointment.—For purposes of section 9602 of title 5, United States Code, a former member of the Corps hired by the Secretary under paragraph (1)(B) for a time-limited appointment shall be considered to be appointed initially under open, competitive examination.”

; and

(6)
by adding at the end the following:

“(e) Applicability to Qualified Youth or Conservation Corps.—The hiring and compensation standards described in this section shall apply to any individual participating in an appropriate conservation project through a qualified youth or conservation corps, including an individual placed through a contract or cooperative agreement, as approved by the Secretary.”

(f)
Reporting and Data Collection.— Title II of the Public Lands Corps Act of 1993 (16 U.S.C. 1721 et seq.) is amended—
(1)
by redesignating sections 209 through 211 as sections 211 through 213, respectively;
(2)
by inserting after section 208 the following:

“SEC. 209. REPORTING AND DATA COLLECTION.

“(a) Report.—Not later than 2 years after the date of enactment of the John D. Dingell, Jr. Conservation, Management, and Recreation Act, and annually thereafter, the Chief Executive Officer of the Corporation for National and Community Service, in coordination with the Secretaries, shall submit to Congress a report that includes data on the Corps, including—

“(1) the number of participants enrolled in the Corps and the length of the term of service for each participant;

“(2) the projects carried out by Corps participants, categorized by type of project and Federal agency;

“(3) the total amount and sources of funding provided for the service of participants;

“(4) the type of service performed by participants and the impact and accomplishments of the service; and

“(5) any other similar data determined to be appropriate by the Chief Executive Officer of the Corporation for National and Community Service or the Secretaries.

“(b) Data.—Not later than 1 year after the date of enactment of the John D. Dingell, Jr. Conservation, Management, and Recreation Act, and annually thereafter, the Secretaries shall submit to the Chief Executive Officer of the Corporation for National and Community Service the data described in subsection (a).

“(c) Data Collection.—The Chief Executive Officer of the Corporation for National and Community Service may coordinate with qualified youth or conservation corps to improve the collection of the required data described in subsection (a).

“(d) Coordination.—

“(1) In general.—The Secretaries shall, to the maximum extent practicable, coordinate with each other to carry out activities authorized under this Act, including—

“(A) the data collection and reporting requirements of this section; and

“(B) implementing and issuing guidance on eligibility for noncompetitive hiring status under section 207(d).

“(2) Designation of coordinators.—The Secretary shall designate a coordinator to coordinate and serve as the primary point of contact for any activity of the Corps carried out by the Secretary.”

; and

(3)
in subsection (c) of section 212 (as so redesignated), by striking “ 211” and inserting “ 213”.
(g)
Indian Youth Service Corps.— Title II of the Public Lands Corps Act of 1993 (16 U.S.C. 1721 et seq.) (as amended by subsection (f)) is amended by inserting after section 209 the following:

“SEC. 210. INDIAN YOUTH SERVICE CORPS.

“(a) In General.—There is established within the Public Lands Corps a program to be known as the ‘Indian Youth Service Corps’ that—

“(1) enrolls participants between the ages of 16 and 30, inclusive, and veterans age 35 or younger, a majority of whom are Indians;

“(2) is established pursuant to an agreement between an Indian tribe and a qualified youth or conservation corps for the benefit of the members of the Indian tribe; and

“(3) carries out appropriate conservation projects on eligible service land.

“(b) Authorization of Cooperative Agreements.—The Secretary may enter into cooperative agreements with Indian tribes and qualified youth or conservation corps for the establishment and administration of the Indian Youth Service Corps.

“(c) Guidelines.—Not later than 18 months after the date of enactment of the John D. Dingell, Jr. Conservation, Management, and Recreation Act, the Secretary of the Interior, in consultation with Indian tribes, shall issue guidelines for the management of the Indian Youth Service Corps, in accordance with this Act and any other applicable Federal laws.”

SEC. 9004. National Nordic Museum Act.

(a)
Designation.— The Nordic Museum located at 2655 N.W. Market Street, Seattle, Washington, is designated as the “National Nordic Museum”.
(b)
Effect of Designation.—
(1)
In general.— The museum designated by subsection (a) is not a unit of the National Park System.
(2)
Use of federal funds.— The designation of the museum by subsection (a) shall not require Federal funds to be expended for any purpose related to the museum.

SEC. 9005. Designation of National George C. Marshall Museum and Library.

(a)
Designation.— The George C. Marshall Museum and the George C. Marshall Research Library in Lexington, Virginia, are designated as the “National George C. Marshall Museum and Library” (referred to in this section as the “museum)”.
(b)
Effect of Designation.—
(1)
In general.— The museum designated by subsection (a) is not a unit of the National Park System.
(2)
Use of federal funds.— The designation of the museum by subsection (a) shall not require Federal funds to be expended for any purpose related to the museum.

SEC. 9006. 21st Century Respect Act.

(a)
Amendments to Regulations Required.—
(1)
Secretary of agriculture.— The Secretary of Agriculture shall amend section 1901.202 of title 7, Code of Federal Regulations, for purposes of—
(A)
replacing the reference to the term “Negro or Black” with “ Black or African American”;
(B)
replacing the reference to the term “Spanish Surname” with “ Hispanic”; and
(C)
replacing the reference to the term “Oriental” with “ Asian American or Pacific Islander”.
(2)
Administrator of general services.— The Administrator of General Services shall amend section 906.2 of title 36, Code of Federal Regulations, for purposes of—
(A)
replacing the references to the term “Negro” with “ Black or African American”;
(B)
replacing the definition of “ Negro” with the definition of “ Black or African American” as “ an individual having origins in any of the Black racial groups of Africa”;
(C)
replacing the references to the term “Oriental” with “ Asian American or Pacific Islander”; and
(D)
replacing the references to the terms “ Eskimo” and “ Aleut” with “ Alaska Native”.
(b)
Rule of Construction.— Nothing in this section, or the amendments required by this section, shall be construed to affect Federal law, except with respect to the use of terms by the Secretary of Agriculture and the Administrator of General Services, respectively, to the regulations affected by this section.

SEC. 9007. American World War Ii Heritage Cities.

(a)
Designation.— In order to recognize and ensure the continued preservation and importance of the history of the United States involvement in World War II, each calendar year the Secretary may designate 1 or more cities located in 1 of the several States or a territory of the United States as an “American World War II Heritage City”. Not more than 1 city in each State or territory may be designated under this section.
(b)
Application for Designation.— The Secretary may—
(1)
establish and publicize the process by which a city may apply for designation as an American World War II Heritage City based on the criteria in subsection (c); and
(2)
encourage cities to apply for designation as an American World War II Heritage City.
(c)
Criteria for Designation.— The Secretary, in consultation with the Secretary of the Smithsonian Institution or the President of the National Trust for Historic Preservation, shall make each designation under subsection (a) based on the following criteria:
(1)
Contributions by a city and its environs to the World War II home-front war effort, including contributions related to—
(A)
defense manufacturing, such as ships, aircraft, uniforms, and equipment;
(B)
production of foodstuffs and consumer items for Armed Forces and home consumption;
(C)
war bond drives;
(D)
adaptations to wartime survival;
(E)
volunteer participation;
(F)
civil defense preparedness;
(G)
personnel serving in the Armed Forces, their achievements, and facilities for their rest and recreation; or
(H)
the presence of Armed Forces camps, bases, airfields, harbors, repair facilities, and other installations within or in its environs.
(2)
Achievements by a city and its environs to preserve the heritage and legacy of the city’s contributions to the war effort and to preserve World War II history, including—
(A)
the identification, preservation, restoration, and interpretation of World War II-related structures, facilities and sites;
(B)
establishment of museums, parks, and markers;
(C)
establishment of memorials to area men who lost their lives in service;
(D)
organizing groups of veterans and home-front workers and their recognition;
(E)
presentation of cultural events such as dances, plays, and lectures;
(F)
public relations outreach through the print and electronic media, and books; and
(G)
recognition and ceremonies remembering wartime event anniversaries.

SEC. 9008. Quindaro Townsite National Commemorative Site.

(a)
Definitions.— In this section:
(1)
Commemorative site.— The term “Commemorative Site” means the Quindaro Townsite National Commemorative Site designated by subsection (b)(1).
(2)
State.— The term “State” means the State of Kansas.
(b)
Designation.—
(1)
In general.— The Quindaro Townsite in Kansas City, Kansas, as listed on the National Register of Historic Places, is designated as the “Quindaro Townsite National Commemorative Site”.
(2)
Effect of designation.— The Commemorative Site shall not be considered to be a unit of the National Park System.
(c)
Cooperative Agreements.—
(1)
In general.— The Secretary, in consultation with the State, Kansas City, Kansas, and affected subdivisions of the State, may enter into cooperative agreements with appropriate public or private entities, for the purposes of—
(A)
protecting historic resources at the Commemorative Site; and
(B)
providing educational and interpretive facilities and programs at the Commemorative Site for the public.
(2)
Technical and financial assistance.— The Secretary may provide technical and financial assistance to any entity with which the Secretary has entered into a cooperative agreement under paragraph (1).
(d)
No Effect on Actions of Property Owners.— Designation of the Quindaro Townsite as a National Commemorative Site shall not prohibit any actions that may otherwise be taken by a property owner (including any owner of the Commemorative Site) with respect to the property of the owner.
(e)
No Effect on Administration.— Nothing in this section affects the administration of the Commemorative Site by Kansas City, Kansas, or the State.

SEC. 9009. Designation of National Comedy Center in Jamestown, New York.

(a)
Congressional Recognition.— Congress—
(1)
recognizes that the National Comedy Center, located in Jamestown, New York, is the only museum of its kind that exists for the exclusive purpose of celebrating comedy in all its forms; and
(2)
officially designates the National Comedy Center as the “National Comedy Center” (referred to in this section as the “Center”).
(b)
Effect of Recognition.— The National Comedy Center recognized in this section is not a unit of the National Park System and the designation of the Center shall not be construed to require or permit Federal funds to be expended for any purpose related to the Center.