,,ii #aaith ,,congress #b;d ,session ,s4 #djbc ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #e1 #bjbf,mr4 ,young 7for himself1 ,mr4 ,padilla1 ,mr4 ,cotton1 ,mr4 ,coons1 ,mr4 ,daines1 ,mr4 ,hickenlooper1 ,mr4 ,cramer1 and ,mr4 ,sheehy7 introduced the following bill2 which was read twice and referred to the ,committee on ,energy and ,natural ,resources ,a ,,bill ,to establish the ,america's ,living ,library ,project1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,america's ,living ,library ,act4 #b4 ,america's living library project 7a7 ,definitions ,in this ,act3 7#a7 ,control ,the term control means having the ability1 directly or indirectly1 to determine 7without regard to whether exercised through #a or more corporate structures7 the manner in which an entity conducts activities1 through any means1 including-- 7,a7 ownership interest2 7,b7 authority to commit the real or financial assets of the entity2 7,c7 position as a director1 officer1 or partner of the entity2 or 7,d7 contractual arrangement4 7#b7 ,department ,the term ,department means the ,department of the ,interior4 7#c7 ,foreign entity of concern ,the term foreign entity of concern has the meaning given the term in section #djbjg of the ,infrastructure ,investment and ,jobs ,act 7#db ,u4,s4,c4 #ahgda74 7#d7 ,high-priority species ,the term high-priority species has the meaning given the term by the ,secretary1 the ,secretary of ,agriculture1 the ,secretary of ,health and ,human ,services1 and the ,director of the ,national ,museum of ,natural ,history of the ,smithsonian ,institution1 based on factors such as the conservation status1 economic1 cultural1 or ecological value1 biomedical or public health relevance1 and rarity of the species4 7#e7 ,indian ,tribe ,the term ,indian ,tribe has the meaning given the term ,indian tribe in section #ajb of the ,federally ,recognized ,indian ,tribe ,list ,act of #aiid 7#be ,u4,s4,c4 #eacj74 7#f7 ,office ,the term office means the office established or designated under subsection 7e77#a74 7#g7 ,program ,the term program means the ,america's ,living ,library ,project established under subsection 7b74 7#h7 ,secretary ,the term ,secretary means the ,secretary of the ,interior 7acting through the ,director of the ,united ,states ,geological ,survey74 7b7 ,establishment ,the ,secretary shall establish a pilot program1 to be known as the ,america's ,living ,library ,project4 7c7 ,purpose ,the purpose of the program is to facilitate the collection of new genomic data from species that are found in units of the ,national ,park ,system4 7d7 ,interagency coordination 7#a7 ,in general ,in carrying out the program1 the ,secretary shall coordinate-- 7,a7 the collection1 cataloging1 and whole-genome sequencing of samples from animals1 plants1 fungi1 and microbes found on selected units of the ,national ,park ,system1 subject to-- 7i7 applicable permitting and consultation requirements under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq471 the ,migratory ,bird ,treaty ,act 7#af ,u4,s4,c4 #gjc et seq471 and the ,marine ,mammal ,protection ,act of #aigb 7#af ,u4,s4,c4 #acfa et seq472 7ii7 applicable permitting requirements under section #db of title #ah1 ,united ,states ,code2 and 7iii7 applicable requirements under the ,lacey ,act ,amendments of #aiha 7#af ,u4,s4,c4 #ccga et seq472 7,b7 the establishment of a publicly available genomic database for resulting genomic data collected under the program1 including long-read sequence data1 genome assemblies1 annotations1 and associated metadata1 except that the database shall withhold from public release any personally identifiable information and any sensitive collection locality information1 including precise collection site locations or coordinates1 as determined to be appropriate by the ,secretary to protect personnel1 specimens1 and resources2 7,c7 as the ,secretary determines to be appropriate1 the integration of the ,integrated ,taxonomic ,information ,system and any other systems1 such as the ,,plants ,database of the ,department of ,agriculture and the ,world ,register of ,marine ,species1 to provide scientific name concepts for organisms to accompany the genomic database2 and 7,d7 the long-term storage of samples collected under the program4 7#b7 ,partner agencies ,in carrying out paragraph 7#a71 the ,secretary shall coordinate with the ,director of the ,national ,park ,service1 the ,secretary of ,agriculture1 the ,director of the ,smithsonian ,museum of ,natural ,history1 the ,director of the ,national ,center for ,biotechnology ,information of the ,national ,institutes of ,health1 and any other appropriate ,federal agency4 7e7 ,establishment of program office 7#a7 ,in general ,the ,secretary shall establish a new1 or designate an existing1 office within the ,united ,states ,geological ,survey to administer the program4 7#b7 ,staff ,the ,secretary shall hire staff to carry out the program in accordance with this section4 7#c7 ,authority ,the office shall have the authority-- 7,a7 to carry out the program in accordance with this ,act2 7,b7 subject to such terms as the ,secretary may determine appropriate1 to enter into and implement any contract1 lease1 cooperative agreement1 or other transaction that is necessary to carry out the program with-- 7i7 any ,federal agency1 including the ,department of ,agriculture and the ,department of ,defense2 or 7ii7 any public or private person or entity2 7,c7 to develop mechanisms to receive in-kind contributions from biotechnology companies1 subject to requirements that the mechanisms developed shall-- 7i7 limit in-kind contributions to the provision of resources to carry out the program1 such as materials1 instrumentation1 or technological capabilities 7such as deoxyribonucleic acid sequencing72 and 7ii7 include vetting for1 and prevention of1 conflicts of interest2 and 7,d7 to use1 subject to the consent of the applicable ,federal agency1 the services1 personnel1 and facilities of any other ,federal agency4 7f7 ,selection of units of the ,national ,park ,system 7#a7 ,initial selection ,not later than #ahj days after the date of enactment of this ,act1 based on the criteria described in paragraph 7#b71 the ,secretary shall select #e units of the ,national ,park ,system at which to carry out the program initially4 7#b7 ,selection criteria ,the ,secretary1 in consultation with the ,director of the ,national ,park ,service1 shall select units of the ,national ,park ,system under this subsection based on objective criteria that take into account-- 7,a7 the biological landscape of the unit of the ,national ,park ,system2 7,b7 the feasibility of implementation at1 and operational readiness of1 the unit of the ,national ,park ,system2 7,c7 the quality of the education and public engagement opportunities at the unit of the ,national ,park ,system2 7,d7 the research value and alignment of the unit of the ,national ,park ,system with program priorities1 including1 where appropriate1 genomic sequencing and associated metadata needs2 7,e7 the geographic and ecological diversity across the ,national ,park ,system2 and 7,f7 any other criteria established by the ,secretary4 7#c7 ,additional units of the ,national ,park ,system ,not later than #b years after the date of enactment of this ,act1 the ,secretary shall select1 in accordance with the criteria under paragraph 7#b71 an additional #bj units of the ,national ,park ,system at which to carry out the program4 7#d7 ,notice of selections ,not later than #ae days after the date on which a unit of the ,national ,park ,system is selected under this subsection1 the ,secretary shall make publicly available on a ,department website a notice that-- 7,a7 lists any units of the ,national ,park ,system selected as part of that selection process2 and 7,b7 provides1 for each unit of the ,national ,park ,system selected as part of that selection process1 a brief statement of reasons describing how the selection satisfies the criteria described in paragraph 7#b74 7g7 ,program requirements 7#a7 ,data standards ,in carrying out the program1 the ,secretary shall-- 7,a7 leverage existing and emerging data standards to ensure-- 7i7 high-quality data are obtained under the program2 and 7ii7 program data are considered usable and interoperable1 with appropriate metadata to be included2 7,b7 ensure that data outputs under the program-- 7i7 7,i7 meet applicable ,federal data standards for biological data2 or 7,,ii7 if there are no applicable ,federal data standards described in subclause 7,i71 meet data standards for the program established by the ,secretary1 in consultation with relevant ,federal agencies1 based on findability1 accessibility1 interoperability1 and reusability data principles and using industry best practices2 7ii7 as appropriate1 comply with ,department policies relating to species listed as endangered or threatened under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq472 and 7iii7 are updated to comply with any applicable ,united ,states ,geological ,survey standards for biological data2 and 7,c7 ensure that appropriate cybersecurity and access safeguards are implemented to protect the data generated or stored under the program1 including by ensuring that data outputs under the program are updated as necessary to meet applicable ,federal cybersecurity standards for genomic data1 including controls consistent with the ,national ,institute of ,standards and ,technology special publications #hjj-ec 7relating to ,security and ,privacy ,controls for ,information ,systems and ,organizations7 and #hjj-aaa 7relating to ,guide to ,storage ,encryption ,technologies for ,end ,user ,devices7 or any successor framework4 7#b7 ,long-term storage ,the ,secretary shall consult with the ,secretary of ,agriculture and the ,director of the ,national ,museum of ,natural ,history of the ,smithsonian ,institution with respect to storage capabilities for the management and long-term storage of samples collected under the program1 subject to the following3 7,a7 ,ownership of any samples collected under the program shall not be transferred1 but samples may be housed with the ,smithsonian ,institution1 the ,department of ,agriculture1 or another qualified repository pursuant to a written repository agreement1 which shall provide that access to samples collected under the program shall be managed by the respective institutional collection managers1 with-- 7i7 the natural history collections to be managed by the ,director of the ,national ,museum of ,natural ,history of the ,smithsonian ,institution2 and 7ii7 the germplasm repository to be managed by the ,secretary of ,agriculture4 7,b7 ,before any samples are collected under the program1 the ,secretary1 in coordination with the ,secretary of ,agriculture and the ,director of the ,national ,museum of ,natural ,history of the ,smithsonian ,institution1 shall-- 7i7 evaluate the species to be sampled to identify which species need to be collected for long-term storage2 7ii7 from among the species identified under clause 7i71 identify which species should be considered to be high-priority species2 7iii7 ensure that all samples proposed for collection and long-term storage under the program are evaluated in accordance with appropriate standards identified by the ,secretary to minimize the risk of collecting or storing disease vectors1 pathogens1 or other harmful biological agents2 and 7iv7 require that any microbial or pathogen material identified through an evaluation under clause 7iii7 as requiring enhanced biosafety or biosecurity measures shall be-- 7,i7 accessioned and stored separately from other program samples in a distinct1 access-controlled collection2 and 7,,ii7 handled and stored only in facilities with containment and operational controls appropriate to the identified risk1 consistent with applicable ,federal biosafety and biosecurity requirements4 7,c7 ,any samples identified for long-term storage under subparagraph 7,b77i7 shall be-- 7i7 collected and stored under the program2 and 7ii7 preserved in the natural history collections to be managed by the ,director of the ,national ,museum of ,natural ,history of the ,smithsonian ,institution for the purposes of later research and long-term preservation4 7,d7 ,any high-priority species identified under subparagraph 7,b77ii7 shall be collected for storage in each of-- 7i7 the natural history collections to be managed by the ,director of the ,national ,museum of ,natural ,history of the ,smithsonian ,institution2 and 7ii7 the germplasm repository to be managed by the ,secretary of ,agriculture4 7,e7 ,any physical samples collected under the program shall not be transferred1 exported1 or loaned outside the ,united ,states4 7,f7 ,any physical storage1 curation1 and laboratory processing of samples collected under the program shall occur within facilities located in the ,united ,states4 7#c7 ,sampling and collection procedures ,in carrying out the program1 the ,secretary shall-- 7,a7 establish sampling and collection procedures and policies consistent with applicable ,department rules and standards1 including permitting and consultation requirements under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq471 the ,migratory ,bird ,treaty ,act 7#af ,u4,s4,c4 #gjc et seq471 section #db of title #ah1 ,united ,states ,code1 the ,lacey ,act ,amendments of #aiha 7#af ,u4,s4,c4 #ccga et seq471 and the ,marine ,mammal ,protection ,act of #aigb 7#af ,u4,s4,c4 #acfa et seq472 and 7,b7 develop sampling plans that leverage existing research and monitoring programs within the ,department4 7#d7 ,sequencing and data processing ,in carrying out the program1 the ,secretary shall-- 7,a7 partner with the ,secretary of ,agriculture1 the ,director of the ,national ,museum of ,natural ,history of the ,smithsonian ,institution1 and the heads of other applicable ,federal agencies to sequence genomic information from samples collected under the program2 7,b7 develop and use standardized sequencing protocols to ensure consistency and comparability of data2 and 7,c7 incorporate automated data processing and quality checks to ensure the reliability of the data4 7h7 ,tribal consultation ,in implementing the program1 the ,secretary shall engage in consultation with ,indian ,tribes in accordance with section #cjfajh of title #ed1 ,united ,states ,code1 ,department policies on ,tribal consultation1 and other applicable law4 7i7 ,implementation plan ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall submit to the appropriate committees of ,congress an implementation plan for the program that provides the following3 7#a7 ,a description of the expansion of genomic sequencing under the program to additional units of the ,national ,park ,system under subsection 7f77#c71 including the consideration of partnerships with companies1 contractors1 and third parties to assist the office in carrying out the expansion4 7#b7 ,an outline of methods in which the program could be expanded to include other federally managed land and ,federal programs and facilities that manage biological resources1 including land and programs or facilities managed by the ,bureau of ,land ,management1 the ,united ,states ,fish and ,wildlife ,service1 and the ,forest ,service1 including units of the ,national ,wildlife ,refuge ,system and units of the ,national ,fish ,hatchery ,system4 7#c7 ,a plan to facilitate1 prior to public release1 expedited access pathways or other non-public services 7including bulk export application programming interfaces and any computer resources supported by the program within the ,united ,states7 for the development1 training1 or evaluation of artificial intelligence models1 to be limited to entities organized under the laws of the ,united ,states that are not owned or controlled1 directly or indirectly1 by any foreign entity of concern4 7j7 ,reports 7#a7 ,preliminary report 7,a7 ,in general ,not later than #c years after the date of enactment of this ,act1 the ,secretary1 in consultation with the ,secretary of ,agriculture1 shall submit to the appropriate committees of ,congress a methodological review and report of preliminary findings of the program4 7,b7 ,inclusion ,the review and report submitted under subparagraph 7,a7 shall include a plan for the sustainable and long-term funding of the program with recommendations relating to-- 7i7 a graduated subscription model developed in coordination with the ,director of the ,national ,institute of ,standards and ,technology and the ,director of the ,national ,institutes of ,health for the database established under subsection 7d77#a71 the cost of which shall be based on the size and usage of the accessing organization2 and 7ii7 potential partnerships with institutions of higher education1 philanthropic organizations1 and nongovernmental organizations1 such as the ,national ,park ,foundation1 to secure grants and additional funding for the program in accordance with applicable policies of the ,department4 7#b7 ,final report ,as soon as practicable after the date on which the program is terminated under subsection 7l71 the ,secretary1 in consultation with the ,secretary of ,agriculture1 shall submit to the appropriate committees of ,congress a methodological review and report that describes the final findings with respect to the program4 7k7 ,program funding ,there are authorized to be appropriated to carry out this ,act-- 7#a7 to the ,secretary for program oversight and management of the conduct of genome sequencing in selected units of the ,national ,park ,system-- 7,a7 #af1ejj1jjj for each of fiscal years #bjbg and #bjbh2 7,b7 #cf1jjj1jjj for fiscal year #bjbi2 and 7,c7 #ed1jjj1jjj for each of fiscal years #bjcj and #bjca2 7#b7 to the ,national ,museum of ,natural ,history of the ,smithsonian ,institution for sample storage-- 7,a7 #c1jjj1jjj for each of fiscal years #bjbg and #bjbh2 7,b7 #g1jjj1jjj for fiscal year #bjbi2 and 7,c7 #aj1jjj1jjj for each of fiscal years #bjcj and #bjca2 7#c7 to the ,national ,center for ,agricultural ,utilization ,research of the ,department of ,agriculture for sample storage-- 7,a7 #c1jjj1jjj for each of fiscal years #bjbg and #bjbh2 7,b7 #f1jjj1jjj for fiscal year #bjbi2 and 7,c7 #i1jjj1jjj for each of fiscal years #bjcj and #bjca2 7#d7 to the ,national ,animal ,germplasm ,program of the ,department of ,agriculture for sample storage-- 7,a7 #a1jjj1jjj for each of fiscal years #bjbg and #bjbh2 7,b7 #b1jjj1jjj for fiscal year #bjbi2 and 7,c7 #c1jjj1jjj for each of fiscal years #bjcj and #bjca2 and 7#e7 to the ,national ,center for ,biotechnology ,information of the ,national ,institutes of ,health for program data storage-- 7,a7 #e1jjj1jjj for each of fiscal years #bjbg and #bjbh2 7,b7 #aj1jjj1jjj for fiscal year #bjbi2 and 7,c7 #ae1jjj1jjj for each of fiscal years #bjcj and #bjca4 7l7 ,termination of authority ,the authority to carry out the program terminates on the date that is #aj years after the date of enactment of this ,act4