 HR 299 ENR: Blue Water Navy Vietnam Veterans Act of 2019
U.S. House of Representatives

text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
One Hundred Sixteenth Congress of the United States of AmericaAt the First SessionBegun and held at the City of Washington on Thursday, the third day of January, two thousand and nineteen
H. R. 299

AN ACT
To amend title 38, United States Code, to clarify presumptions relating to the exposure of certain veterans who served in the vicinity of the Republic of Vietnam, and for other purposes.

1.Short titleThis Act may be cited as the Blue Water Navy Vietnam Veterans Act of 2019. 2.Clarification of presumptions of exposure for veterans who served in vicinity of Republic of Vietnam (a)In generalChapter 11 of title 38, United States Code, is amended by inserting after section 1116 the following new section:

1116A.Presumptions of service connection for veterans who served offshore of the Republic of Vietnam
(a)Service connectionFor the purposes of section 1110 of this title, and subject to section 1113 of this title, a disease covered by section 1116 of this title becoming manifest as specified in that section in a veteran who, during active military, naval, or air service, served offshore of the Republic of Vietnam during the period beginning on January 9, 1962, and ending on May 7, 1975, shall be considered to have been incurred in or aggravated by such service, notwithstanding that there is no record of evidence of such disease during the period of such service. (b)ExposureA veteran who, during active military, naval, or air service, served offshore of the Republic of Vietnam during the period beginning on January 9, 1962, and ending on May 7, 1975, shall be presumed to have been exposed during such service to an herbicide agent unless there is affirmative evidence to establish that the veteran was not exposed to any such agent during that service.
(c)Effective date of award
(1)Except as provided by paragraph (2), the effective date of an award under this section shall be determined in accordance with section 5110 of this title. (2) (A)Notwithstanding subsection (g) of section 5110 of this title, the Secretary shall determine the effective date of an award based on a claim under this section for an individual described in subparagraph (B) by treating the date on which the individual filed the prior claim specified in clause (i) of such subparagraph as the date on which the individual filed the claim so awarded under this section.
(B)An individual described in this subparagraph is a veteran, or a survivor of a veteran, who meets the following criteria: (i)The veteran or survivor submitted a claim for disability compensation on or after September 25, 1985, and before January 1, 2020, for a disease covered by this section, and the claim was denied by reason of the claim not establishing that the disease was incurred or aggravated by the service of the veteran.
(ii)The veteran or survivor submits a claim for disability compensation on or after January 1, 2020, for the same condition covered by the prior claim under clause (i), and the claim is approved pursuant to this section. (d)Determination of offshoreNotwithstanding any other provision of law, for purposes of this section, the Secretary shall treat a location as being offshore of Vietnam if the location is not more than 12 nautical miles seaward of a line commencing on the southwestern demarcation line of the waters of Vietnam and Cambodia and intersecting the following points:

Points Geographic NamesLatitude NorthLongitude East

At Hon Nhan Island, Tho Chu Archipelago Kien Giang Province9°15.0′103°27.0′
At Hon Da Island southeast of Hon Khoai Island Minh Hai Province 8°22.8′104°52.4′
At Tai Lon Islet, Con Dao Islet in Con Dao-Vung Toa Special Sector 8°37.8′106°37.5′
At Bong Lai Islet, Con Dao Islet 8°38.9′106°40.3′
At Bay Canh Islet, Con Dao Islet8°39.7′106°42.1′
At Hon Hai Islet (Phu Qui group of islands) Thuan Hai Province 9°58.0′109°5.0′
At Hon Doi Islet, Thuan Hai Province 12°39.0′109°28.0′
At Dai Lanh point, Phu Khanh Province 12°53.8′109°27.2′
At Ong Can Islet, Phu Khanh Province 13°54.0′109°21.0′
At Ly Son Islet, Nghia Binh Province 15°23.1′109° 9.0′
At Con Co Island, Binh Tri Thien Province 17°10.0′107°20.6′
(e)Herbicide agentIn this section, the term herbicide agent has the meaning given that term in section 1116(a)(3) of this title.. (b)Clerical amendmentThe table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1116 the following new item:

1116A. Presumptions of service connection for veterans who served offshore of the Republic of Vietnam..
(c)Implementation
(1)GuidanceNotwithstanding section 501 of such title, the Secretary of Veterans Affairs may issue guidance to implement section 1116A of title 38, United States Code, as added by subsection (a), before prescribing new regulations under such section. (2)Updates (A)Not later than 120 days after the date of the enactment of this Act, the Secretary shall submit a report to the Committees on Veterans’ Affairs of the House of Representatives and the Senate regarding the plans of the Secretary—
(i)to conduct outreach under subsection (d); and (ii)to respond to inquiries from veterans regarding claims for disability compensation under section 1116A of title 38, United States Code, as added by subsection (a) of this section.
(B)On a quarterly basis during the period beginning on the date of the enactment of this Act and ending on the date on which regulations are prescribed to carry out such section 1116A, the Secretary shall submit to the Committees on Veterans’ Affairs of the House of Representatives and the Senate updates on the status of such regulations. (3)Pending cases (A)Authority to stayThe Secretary may stay a claim described in subparagraph (B) until the date on which the Secretary commences the implementation of such section 1116A.
(B)Claims describedA claim described in this subparagraph is a claim for disability compensation— (i)relating to the service and diseases covered by such section 1116A; and
(ii)that is pending at the Veterans Benefits Administration or the Board of Veterans’ Appeals on or after the date of the enactment of this Act and before the date on which the Secretary commences the implementation of such section 1116A. (d)Outreach (1)RequirementThe Secretary of Veterans Affairs shall conduct outreach to inform veterans described in paragraph (2) of the ability to submit a claim for disability compensation under section 1116A of title 38, United States Code, as added by subsection (a). Such outreach shall include the following:
(A)The Secretary shall publish on the website of the Department a notice that a veterans described in paragraph (2) may submit or resubmit a claim for disability compensation under such section 1116A. (B)The Secretary shall notify in writing the veteran service organization community of the ability of veterans described in paragraph (2) to submit or resubmit claims for disability compensation under such section 1116A.
(2)Veteran describedA veteran described in this paragraph is a veteran who, during active military, naval, or air service, served offshore of the Republic of Vietnam during the period beginning on January 9, 1962, and ending on May 7, 1975. (e)ReportsNot later than January 1, 2021, and annually thereafter for 2 years, the Secretary of Veterans Affairs shall submit to the Committees on Veterans’ Affairs of the House of Representatives and the Senate a report regarding claims for disability compensation under section 1116A of title 38, United States Code, as added by subsection (a). Each report shall include, with respect to the calendar year preceding the report, disaggregated by the regional offices of the Department of Veterans Affairs, the following:
(1)The number of claims filed under such section. (2)The number of such claims granted.
(3)The number of such claims denied. (f)Health careSection 1710(e)(4) of title 38, United States Code, is amended by inserting (including offshore of such Republic as described in section 1116A(d) of this title) after served on active duty in the Republic of Vietnam.
(g)Effective dateThe amendments made by this section shall take effect on January 1, 2020. 3.Presumption of herbicide exposure for certain veterans who served in Korea (a)In generalChapter 11 of title 38, United States Code, is amended by inserting after section 1116A, as added by section 2, the following new section:

1116B.Presumption of herbicide exposure for certain veterans who served in Korea
(a)Presumption of service-Connection
(1)For the purposes of section 1110 of this title, and subject to section 1113 of this title, a disease specified in subsection (b) that becomes manifest as specified in that subsection in a veteran described in paragraph (2) shall be considered to have been incurred or aggravated in the line of duty in the active military, naval, or air service, notwithstanding that there is no record of evidence of such disease during the period of such service. (2)A veteran described in this paragraph is a veteran who, during active military, naval, or air service, served in or near the Korean Demilitarized Zone (DMZ), during the period beginning on September 1, 1967, and ending on August 31, 1971.
(b)DiseasesA disease specified in this subsection is— (1)a disease specified in paragraph (2) of subsection (a) of section 1116 of this title that becomes manifest as specified in that paragraph; or
(2)any additional disease that— (A)the Secretary determines in regulations warrants a presumption of service-connection by reason of having positive association with exposure to an herbicide agent; and
(B)becomes manifest within any period prescribed in such regulations. (c)Herbicide agentFor purposes of this section, the term herbicide agent has the meaning given such term in section 1821(d) of this title..
(b)Clerical amendmentThe table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1116A, as added by section 2, the following new item:   1116B. Presumption of herbicide exposure for certain veterans who served in Korea.. (c)Implementation (1)GuidanceNotwithstanding section 501 of such title, the Secretary of Veterans Affairs may issue guidance to implement section 1116B of title 38, United States Code, as added by subsection (a), before prescribing new regulations under such section.
(2)Updates
(A)Not later than 120 days after the date of the enactment of this Act, the Secretary shall submit a report to the Committees on Veterans’ Affairs of the House of Representatives and the Senate regarding the plans of the Secretary to respond to inquiries from veterans regarding claims for disability compensation under section 1116B of title 38, United States Code, as added by subsection (a) of this section. (B)On a quarterly basis during the period beginning on the date of the enactment of this Act and ending on the date on which regulations are prescribed to carry out such section 1116B, the Secretary shall submit to the Committees on Veterans’ Affairs of the House of Representatives and the Senate updates on the status of such regulations.
(3)Pending cases
(A)Authority to stayThe Secretary may stay a claim described in subparagraph (B) until the date on which the Secretary commences the implementation of section 1116B of title 38, United States Code, as added by subsection (a). (B)Claims describedA claim described in this subparagraph is a claim for disability compensation—
(i)relating to the service and diseases covered by such section 1116B; and (ii)that is pending at the Veterans Benefits Administration or the Board of Veterans’ Appeals on or after the date of the enactment of this Act and before the date on which the Secretary commences the implementation of such section 1116B.
(d)Effective dateThe amendments made by this section shall take effect on January 1, 2020. 4.Benefits for children of certain Thailand service veterans born with spina bifida (a)In generalSubchapter III of chapter 18 of title 38, United States Code, is amended by adding at the end the following new section:

1822.Benefits for children of certain Thailand service veterans born with spina bifida
(a)Benefits authorizedThe Secretary may provide to any child of a veteran of covered service in Thailand who is suffering from spina bifida the health care, vocational training and rehabilitation, and monetary allowance required to be paid to a child of a Vietnam veteran who is suffering from spina bifida under subchapter I of this chapter as if such child of a veteran of covered service in Thailand were a child of a Vietnam veteran who is suffering from spina bifida under such subchapter. (b)Spina bifida conditions coveredThis section applies with respect to all forms and manifestations of spina bifida, except spina bifida occulta.
(c)Veteran of covered service in ThailandFor purposes of this section, a veteran of covered service in Thailand is any individual, without regard to the characterization of that individual's service, who— (1)served in the active military, naval, or air service in Thailand, as determined by the Secretary in consultation with the Secretary of Defense, during the period beginning on January 9, 1962, and ending on May 7, 1975; and
(2)is determined by the Secretary, in consultation with the Secretary of Defense, to have been exposed to a herbicide agent during such service in Thailand. (d)Herbicide agentFor purposes of this section, the term herbicide agent means a chemical in a herbicide used in support of United States and allied military operations in Thailand, as determined by the Secretary in consultation with the Secretary of Defense, during the period beginning on January 9, 1962, and ending on May 7, 1975..
(b)Conforming amendment to definition of childSection 1831(1) of such title is amended— (1)in subparagraph (B)—
(A)by striking subchapter III of this chapter and inserting section 1821 of this title; and (B)in clause (i), by striking section 1821 of this title and inserting that section; and
(2)by adding at the end the following new subparagraph:  (C)For purposes of section 1822 of this title, an individual, regardless of age or marital status, who—
(i)is the natural child of a veteran of covered service in Thailand (as determined for purposes of that section); and (ii)was conceived after the date on which that veteran first entered service described in subsection (c) of that section..
(c)Clerical amendments
(1)Subchapter headingThe heading for subchapter III of chapter 18 of such title is amended by inserting and Thailand after Korea. (2)Table of sectionsThe table of sections at the beginning of chapter 18 of such title is amended—
(A)by striking the item relating to subchapter III and inserting the following new item:   Subchapter III—Children of certain Korea and Thailand service veterans born with spina bifida;and (B)by inserting after the item relating to section 1821 the following new item:

1822. Benefits for children of certain Thailand service veterans born with spina bifida..
(d)Implementation
(1)GuidanceNotwithstanding section 501 of such title, the Secretary of Veterans Affairs may issue guidance to implement section 1822 of title 38, United States Code, as added by subsection (a), before prescribing new regulations under such section. (2)Updates (A)Not later than 120 days after the date of the enactment of this Act, the Secretary shall submit a report to the Committees on Veterans’ Affairs of the House of Representatives and the Senate regarding the plans of the Secretary to respond to inquiries from veterans regarding claims for disability compensation under section 1822 of title 38, United States Code, as added by subsection (a) of this section.
(B)On a quarterly basis during the period beginning on the date of the enactment of this Act and ending on the date on which regulations are prescribed to carry out such section 1822, the Secretary shall submit to the Committees on Veterans’ Affairs of the House of Representatives and the Senate updates on the status of such regulations. (3)Pending cases (A)Authority to stayThe Secretary may stay a claim described in subparagraph (B) until the date on which the Secretary commences the implementation of section 1822 of title 38, United States Code, as added by subsection (a).
(B)Claims describedA claim described in this subparagraph is a claim for benefits— (i)relating to the spina bifida and service covered by such section 1822; and
(ii)that is pending at the Veterans Benefits Administration or the Board of Veterans’ Appeals on or after the date of the enactment of this Act and before the date on which the Secretary commences the implementation of such section 1822. (e)ReportNot later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs, in consultation with the Secretary of Defense, shall submit to the Committees on Veterans’ Affairs of the House of Representatives and the Senate a report identifying—
(1)the military installations of the United States located in Thailand during the period beginning on January 9, 1962, and ending on May 7, 1975, at which an herbicide agent (as defined in section 1822 of title 38, United States Code, as added by subsection (a)) was actively used; and (2)the period of such use.
(f)Effective dateThe amendments made by this section shall take effect on January 1, 2020. 5.Updated report on certain Gulf War Illness studyNot later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committees on Veterans’ Affairs of the House of Representatives and the Senate an updated report on the findings, as of the date of the updated report, of the Follow-up Study of a National Cohort of Gulf War and Gulf Era Veterans under the epidemiology program of the Department of Veterans Affairs.
6.Loans guaranteed under home loan program of Department of Veterans Affairs
(a)Adjustment of loan limit
(1)In generalSection 3703(a)(1) of title 38, United States Code, is amended— (A)in subparagraph (A)—
(i)in clause (i)(IV), by striking the lesser of the maximum guaranty amount (as defined in subparagraph (C)) or; and (ii)in clause (ii), by striking subparagraph (B) of this paragraph and inserting subparagraph (B) or (C);
(B)in subparagraph (B)— (i)by striking The maximum and inserting With respect to loans described in subclauses (I), (II), or (III) of subparagraph (A)(i), the maximum; and
(ii)by striking or in the case and all that follows through subparagraph (C)),; and (C)by striking subparagraph (C) and inserting the following new subparagraph (C):

(C)
(i)With respect to loans described in subclause (IV) of subparagraph (A)(i) made to a veteran not covered by clause (ii), the maximum amount of guaranty entitlement available to the veteran shall be 25 percent of the loan. (ii)With respect to loans described in subclause (IV) of subparagraph (A)(i) made to a covered veteran, the maximum amount of guaranty entitlement available to the veteran shall be 25 percent of the Freddie Mac conforming loan limit, reduced by the amount of entitlement previously used by the veteran under this chapter and not restored as a result of the exclusion in section 3702(b) of this title.
(iii)In this subparagraph: (I)The term covered veteran means a veteran who has previously used entitlement under this chapter and for whom the full amount of entitlement so used has not been restored as a result of the exclusion in section 3702(b) of this title.
(II)The term Freddie Mac conforming loan limit means the limit determined under section 305(a)(2) of the Federal Home Loan Mortgage Corporation Act (12 U.S.C. 1454(a)(2)) for a single-family residence, as adjusted for the year involved.. (2)Loans to Native American veteransSection 3762(c) of such title is amended—
(A)by striking paragraph (1); and (B)by redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively.
(3)Conforming amendmentSection 3710(d)(4) of such title is amended by striking section 3703(a)(1)(B) of this title and inserting subparagraph (B) or (C) of section 3703(a)(1) of this title. (b)Adjustment of loan feesSection 3729(b)(2) of title 38, United States Code, is amended by striking the loan fee table and inserting the following:

Type of loanActive duty veteranReservistOther obligor

(A)(i) Initial loan described in section 3710(a) to purchase or construct a dwelling with 0-down, or any other initial loan described in section 3710(a) other than with 5-down or 10-down (closed on or after October 1, 2004, and before January 1, 2020) 2.152.40NA
(A)(ii) Initial loan described in section 3710(a) to purchase or construct a dwelling with 0-down, or any other initial loan described in section 3710(a) other than with 5-down or 10-down (closed on or after January 1, 2020, and before January 1, 2022) 2.302.30NA
(A)(iii) Initial loan described in section 3710(a) to purchase or construct a dwelling with 0-down, or any other initial loan described in section 3710(a) other than with 5-down or 10-down (closed on or after January 1, 2022, and before October 1, 2029) 2.152.15NA
(A)(iv) Initial loan described in section 3710(a) to purchase or construct a dwelling with 0-down, or any other initial loan described in section 3710(a) other than with 5-down or 10-down (closed on or after October 1, 2029)1.401.40NA
(B)(i) Subsequent loan described in section 3710(a) to purchase or construct a dwelling with 0-down, or any other subsequent loan described in section 3710(a) (closed on or after October 1, 2004, and before January 1, 2020) 3.303.30NA
(B)(ii) Subsequent loan described in section 3710(a) to purchase or construct a dwelling with 0-down, or any other subsequent loan described in section 3710(a) (closed on or after January 1, 2020, and before January 1, 2022) 3.603.60NA
(B)(iii) Subsequent loan described in section 3710(a) to purchase or construct a dwelling with 0-down, or any other subsequent loan described in section 3710(a) (closed on or after January 1, 2022, and before October 1, 2029) 3.303.30NA
(B)(iv) Subsequent loan described in section 3710(a) to purchase or construct a dwelling with 0-down, or any other subsequent loan described in section 3710(a) (closed on or after October 1, 2029)1.251.25NA
(C)(i) Loan described in section 3710(a) to purchase or construct a dwelling with 5-down (closed before January 1, 2020) 1.501.75NA
(C)(ii) Loan described in section 3710(a) to purchase or construct a dwelling with 5-down (closed on or after January 1, 2020, and before January 1, 2022) 1.651.65NA
(C)(iii) Loan described in section 3710(a) to purchase or construct a dwelling with 5-down (closed on or after January 1, 2022, and before October 1, 2029) 1.501.50NA
(C)(iv) Loan described in section 3710(a) to purchase or construct a dwelling with 5-down (closed on or after October 1, 2029)0.750.75NA
(D)(i) Loan described in section 3710(a) to purchase or construct a dwelling with 10-down (closed before January 1, 2020) 1.251.50NA
(D)(ii) Loan described in section 3710(a) to purchase or construct a dwelling with 10-down (closed on or after January 1, 2020, and before January 1, 2022) 1.401.40NA
(D)(iii) Loan described in section 3710(a) to purchase or construct a dwelling with 10-down (closed on or after January 1, 2022, and before October 1, 2029) 1.251.25NA
(D)(iv) Loan described in section 3710(a) to purchase or construct a dwelling with 10-down (closed on or after October 1, 2029)0.500.50NA
(E) Interest rate reduction refinancing loan0.500.50NA
(F) Direct loan under section 37111.001.00NA
(G) Manufactured home loan under section 3712 (other than an interest rate reduction refinancing loan)1.001.00NA
(H) Loan to Native American veteran under section 3762 (other than an interest rate reduction refinancing loan)1.251.25NA
(I) Loan assumption under section 37140.500.500.50
(J) Loan under section 3733(a)2.252.252.25.
(c)Waiver of fees for Purple Heart recipientsSection 3729(c)(1) of such title is amended— (1)by striking or from a surviving spouse and inserting , from a surviving spouse; and
(2)by inserting before the period at the end the following: , or from a member of the Armed Forces who is serving on active duty and who provides, on or before the date of loan closing, evidence of having been awarded the Purple Heart. (d)Effective dateThe amendments made by this section shall apply with respect to a loan guaranteed under section 3710 of title 38, United States Code, on or after January 1, 2020.
(e)GuidanceNotwithstanding section 501 of title 38, United States Code, the Secretary of Veterans Affairs may issue guidance to implement this section before prescribing new regulations under sections 3703, 3729, and 3762 of such title, as amended by this section. 7.Information gathering for Department of Veterans Affairs home loan appraisals (a)In generalSection 3731(b) of title 38, United States Code, is amended by adding at the end the following new paragraph:

(3)The Secretary shall permit an appraiser on a list developed and maintained under subsection (a)(3) to make an appraisal for the purposes of this chapter based solely on information gathered by a person with whom the appraiser has entered into an agreement for such services.. (b)Effective dateThe amendments made by this section shall apply with respect to an appraisal under section 3731 of such title, on or after January 1, 2020.
(c)GuidanceNotwithstanding section 501 of such title, the Secretary of Veterans Affairs may issue guidance to implement this section before prescribing new regulations under sections 3731 of such title, as amended by subsection (a). 8.Determination of budgetary effectsThe budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled Budgetary Effects of PAYGO Legislation for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage.
 Speaker of the House of Representatives.Vice President of the United States and President of the Senate.


 HR 6558 ENR: To designate the facility of the United States Postal Service located at 1750 Lundy Avenue in San Jose, California, as the
U.S. House of Representatives
0
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
One Hundred Tenth Congress of the United States of America At the Second SessionBegun and held at the City of Washington on Thursday, the third day of January, two thousand and eight
H. R. 6558

AN ACT
To designate the facility of the United States Postal Service located at 1750 Lundy Avenue in San Jose, California, as the Gordon N. Chan Post Office Building.

1.Gordon N. Chan Post Office Building
(a)DesignationThe facility of the United States Postal Service located at 1750 Lundy Avenue in San Jose, California, shall be known and designated as the Gordon N. Chan Post Office Building.
(b)ReferencesAny reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Gordon N. Chan Post Office Building.
 Speaker of the House of Representatives.Vice President of the United States and President of the Senate.


113 S439 IS: Career and Technical Education Facilities Modernization Act
U.S. Senate
2013-03-04
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
		113th CONGRESS
		1st Session
		S. 439
		IN THE SENATE OF THE UNITED STATES

			March 4, 2013
			Mr. Reid (for
			 Mr. Begich) introduced the following
			 bill; which was read twice and referred to the
			 Committee on Health, Education, Labor,
			 and Pensions

		A BILL
		To amend the Elementary and Secondary Education Act of
		  1965 by establishing a program to support the modernization, renovation, or
		  repair of career and technical education facilities, and for other
		  purposes.

		1.Short titleThis Act may be cited as the
			 Career and Technical Education
			 Facilities Modernization Act.
		2.FindingsCongress finds the following:
			(1)Career and
			 technical education teaches academic subject matter in ways that are relevant
			 and consistent to the real world.
			(2)Vocational
			 education can reflect developmental needs by helping students recognize their
			 interests, aptitudes, and abilities in age- and stage-appropriate ways.
			(3)In order for
			 students to be high-performing, the education facilities used by the students
			 must also be high-performing.
			(4)Many school
			 facilities that offer vocational or career and technical education are
			 inefficient and outdated.
			3.Career and
			 technical education facilities
			(a)Career and
			 technical education facilitiesPart D of title V of the Elementary and
			 Secondary Education Act of 1965 (20 U.S.C. 7241 et seq.) is amended by adding
			 at the end the following:

					22Career and technical education facilities
						5621.DefinitionsIn this subpart:
							(1)Career and
				technical educationThe term career and technical
				education has the meaning given the term in section 3 of the Carl D.
				Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302).
							(2)Community
				collegeThe term community college means—
								(A)a junior or
				community college, as that term is defined in section 312(f) of the Higher
				Education Act of 1965 (20 U.S.C. 1058(f)); or
								(B)an institution of
				higher education (as defined in section 101 of such Act (20 U.S.C. 1001)) that
				awards a significant number of degrees and certificates, as determined by the
				Secretary, that are not—
									(i)baccalaureate
				degrees (or an equivalent); or
									(ii)master’s,
				professional, or other advanced degrees.
									(3)Eligible
				entityThe term eligible entity means a local
				educational agency, community college, or other entity determined appropriate
				by the Secretary.
							(4)Qualified
				projectThe term qualified project—
								(A)means the
				modernization, renovation, or repair of a facility that will be used to improve
				the quality and availability of science, technology, engineering, mathematics,
				or career and technical education instruction to public elementary school or
				secondary school, or community college students, and that may include—
									(i)improving the
				energy efficiency of the facility;
									(ii)improving the
				cost-effectiveness of the facility in delivering quality education;
									(iii)improving
				student, faculty, and staff health and safety at the facility;
									(iv)improving,
				installing, or upgrading educational technology infrastructure;
									(v)retrofitting an
				existing building for career and technical education purposes; and
									(vi)a one-time
				repair of serviceable equipment at the facility, or replacement of equipment at
				the facility that is at the end of its serviceable lifespan, that will be used
				to further educational outcomes; and
									(B)does not include
				new construction or the payment of routine maintenance costs.
								5622.Career and
				technical education facilities improvement
							(a)Program
				authorizedFrom amounts
				appropriated under section 5401(b), the Secretary shall carry out a program to
				improve career and technical education facilities by—
								(1)awarding grants to eligible entities to
				enable the eligible entities to carry out qualified projects;
								(2)guaranteeing loans made to eligible
				entities for qualified projects; or
								(3)making payments of interest on bonds,
				loans, or other financial instruments (other than a refinancing) that are
				issued to eligible entities for qualified projects.
								(b)ApplicationAn eligible entity that desires to receive
				a grant, loan guarantee, or payment of interest under this subpart shall submit
				an application to the Secretary at such a time, in such a manner, and
				containing such information as the Secretary may require. The application shall
				include—
								(1)a detailed
				description of the qualified project;
								(2)in the case of a
				qualified project described in section 5621(4)(A)(vi), a description of the
				educational outcomes to be furthered by the one-time repair of serviceable
				equipment or replacement of equipment;
								(3)an indication as
				to whether the eligible entity prefers to receive a grant, loan guarantee, or
				payment of interest;
								(4)a description of
				the need for the qualified project;
								(5)a description of
				how the eligible entity will ensure that the qualified project will be
				adequately maintained;
								(6)an identification
				of any public elementary school or secondary school or community college that
				will benefit from the qualified project;
								(7)a description of
				how the qualified project will improve instruction and educational outcomes at
				the facility;
								(8)a description of
				how the facility supported by the qualified project will be used for providing
				educational services in science, technology, engineering, mathematics, or
				career and technical education;
								(9)a description of
				how the eligible entity will ensure that the modernization, renovation, or
				repair supported by the qualified project meets Leadership in Energy and
				Environmental Design (LEED) building rating standards, Energy Star standards,
				Collaborative for High Performance Schools (CHPS) criteria, Green Building
				Initiative environmental design and rating standards (Green Globes), or
				equivalent standards adopted by entities with jurisdiction over or related to
				the eligible entity;
								(10)a description of
				the fiscal capacity of the eligible entity;
								(11)the percentage
				of students enrolled in the public elementary school or secondary school or
				community college to be served by the qualified project who are from low-income
				families;
								(12)in the case of a
				qualified project at a facility that is used by students in a secondary school,
				the secondary school graduation rates; and
								(13)such additional
				information and assurances as the Secretary may require.
								(c)PriorityIn
				making awards under this subpart, the Secretary shall use not less than a total
				of 25 percent of the funds appropriated under section 5401(b) to eligible
				entities for qualified projects to benefit—
								(1)public elementary
				schools or secondary schools served by local educational agencies that are
				eligible to receive assistance under part B of title VI; or
								(2)community
				colleges serving a substantial number of rural students, as determined by the
				Secretary.
								(d)Supplement not
				supplantFunds made available under this subpart shall be used to
				supplement, and not supplant, other Federal and State funds available to carry
				out the activities supported under this subpart.
							(e)Technical
				assistance and administrative costsThe Secretary may reserve not
				more than 3 percent of funds appropriated under section 5401(b) for the
				administrative costs of this subpart and to provide technical assistance to
				community colleges and local educational agencies concerning best practices in
				school facility renovation, repair, and modernization.
							(f)Reporting
				requirementsNot later than 1
				year after funds are appropriated to carry out this subpart, and every 2 years
				thereafter, the Secretary shall prepare and submit to the appropriate
				committees of Congress a report on the effect of the qualified projects
				supported under this subpart on improving academic
				achievement.
							.
			(b)Authorization
			 of appropriationsSection 5401 of the Elementary and Secondary
			 Education Act of 1965 (20 U.S.C. 7241) is amended—
				(1)by striking the
			 matter preceding paragraph (1) and inserting the following:

						(a)In
				generalThere are authorized to be appropriated to carry out this
				part (except for subpart 22) the following
				amounts:
						;
				and
				(2)by adding at the
			 end the following:

						(b)Authorization
				for subpart 22There are authorized to be appropriated to carry
				out subpart 22 $75,000,000 for fiscal year 2014 and each succeeding fiscal
				year.
						.
				(c)Conforming
			 amendmentsThe table of contents in section 2 of the Elementary
			 and Secondary Education Act of 1965 is amended by inserting after the item
			 relating to section 5619 the following:

						SUBPART 22—Career and technical education
				facilities
						Sec. 5621. Definitions.
						Sec. 5622. Career and technical facilities
				improvement.

					.


117 S1202 IS: Reconnecting Communities Act
U.S. Senate
2021-04-19
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II117th CONGRESS1st SessionS. 1202IN THE SENATE OF THE UNITED STATESApril 19, 2021Mr. Carper (for himself, Mr. Van Hollen, Mr. Cardin, Mrs. Gillibrand, Mr. Padilla, Mr. Warnock, Mr. Markey, Mr. Schumer, and Mr. Coons) introduced the following bill; which was read twice and referred to the Committee on Environment and Public WorksA BILLTo establish a program to improve community connectivity by identifying and removing or mitigating infrastructural barriers that create obstacles to mobility or economic development or expose the community to pollution and other health and safety risks, and for other purposes. 1.Short titleThis Act may be cited as the Reconnecting Communities Act.2.Connecting communities grant program(a)DefinitionsIn this section:(1)Capital construction grantThe term capital construction grant means a capital construction grant under subsection (f).(2)Community engagement, education, and capacity building grantThe term community engagement, education, and capacity building grant means a community engagement, education, and capacity building grant under subsection (d).(3)Community of colorThe term community of color means, in a State, a census block group for which the aggregate percentage of residents who identify as Black, African-American, American Indian, Alaska Native, Native Hawaiian, Asian, Pacific Islander, Hispanic, Latino, other nonwhite race, or linguistically isolated is—(A)not less than 50 percent; or(B)significantly higher than the State average.(4)Infrastructural barrierThe term infrastructural barrier means a highway (including a limited access highway), a railway, a viaduct, a principal arterial facility, or any other transportation facility for which the high speeds, grade separation, or other design factors create an obstacle to connectivity, including—(A)obstacles to walking, biking, and mobility;(B)diminished access to destinations across the infrastructural barrier; or(C)barriers to the economic development of the surrounding neighborhood.(5)Low-income communityThe term low-income community means a census block group in which not less than 30 percent of the population lives below the poverty line (as defined in section 673 of the Community Services Block Grant Act (42 U.S.C. 9902)).(6)Planning and feasibility study grantThe term planning and feasibility study grant means a planning and feasibility study grant under subsection (e).(7)ProgramThe term program means the program established under subsection (b).(8)SecretaryThe term Secretary means the Secretary of Transportation.(9)Tribal governmentThe term Tribal government means the recognized governing body of any Indian or Alaska Native tribe, band, nation, pueblo, village, community, component band, or component reservation, individually identified (including parenthetically) in the list published most recently as of the date of enactment of this Act pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131).(b)Establishment(1)In generalThe Secretary shall establish a program to help communities—(A)identify infrastructural barriers within the community that—(i)create obstacles to mobility or economic development; or(ii)expose the community to high levels of particulate matter, noise pollution, and other public health and safety risks;(B)study the feasibility of improving, and develop plans to improve, community connectivity, including through—(i)removal or retrofit of an infrastructural barrier; or(ii)construction of facilities to mitigate the obstacle created by the infrastructural barrier by enhancing connectivity across the infrastructural barrier;(C)plan the redevelopment of any land made available by the removal or retrofit of the infrastructural barrier, with a focus on improvements that will benefit the populations impacted by or previously displaced by the infrastructural barrier;(D)access funding to carry out the activities described in subparagraphs (B) and (C); and(E)require the equity of any activities carried out under the program, including by garnering community engagement, avoiding displacement, and ensuring local participation in jobs created through those activities.(2)Types of grantsUnder the program, the Secretary shall award the following types of grants:(A)Community engagement, education, and capacity building grants.(B)Planning and feasibility study grants.(C)Capital construction grants.(3)Multiple grants permittedAn eligible entity may apply for and receive funding from more than 1 type of grant described in paragraph (2).(c)Requirement for project selectionTo receive a grant under the program, a project shall provide the majority of project benefits to 1 or more communities of color or low-income communities.(d)Community engagement, education, and capacity building grants(1)Eligible entitiesThe Secretary may award a community engagement, education, and capacity building grant to carry out community engagement, education, and capacity building activities described in paragraph (2) to—(A)a political subdivision of a State or local government;(B)a Tribal government;(C)a metropolitan planning organization; and(D)a nonprofit organization.(2)Eligible activitiesA community engagement and capacity building activity referred to in paragraph (1) includes an activity—(A)to educate community members about opportunities to affect transportation and economic development planning and investment decisions;(B)to build organizational or community capacity to engage in transportation and economic development planning;(C)to identify community needs and desires for community improvements;(D)to develop community-driven solutions to local challenges;(E)to conduct assessments of equity, mobility and access, environmental justice, affordability, economic opportunity, health outcomes, and other local goals;(F)to form a community advisory board in accordance with subsection (g); and(G)to engage community members in scenario planning.(3)Federal shareThe Federal share of the cost of an activity carried out with funds from a community engagement, education, and capacity building grant may be up to 100 percent, at the discretion of the eligible entity.(e)Planning and feasibility study grants(1)Eligible entities(A)In generalThe Secretary may award a planning and feasibility study grant to carry out planning activities described in paragraph (2) to—(i)a State;(ii)a political subdivision of a State or local government;(iii)a Tribal government;(iv)a metropolitan planning organization; and(v)a nonprofit organization.(B)PartnershipsIn the case of an eligible entity that is not the owner of the infrastructural barrier that is the subject of the planning and feasibility study grant, the eligible entity shall demonstrate the existence of a partnership with the owner of the infrastructural barrier.(2)Eligible activitiesA planning activity referred to in paragraph (1)(A) includes—(A)development of designs and artistic renderings to facilitate community engagement;(B)traffic studies, nonmotorized accessibility analyses, equity needs analyses, and collection of other relevant data;(C)planning studies to evaluate the feasibility of removing or retrofitting an infrastructural barrier, or the construction of facilities to mitigate the obstacle created by the infrastructural barrier by enhancing connectivity across the infrastructural barrier;(D)public engagement activities to provide opportunities for public input into a plan to remove, convert, or mitigate an infrastructural barrier;(E)environmental review, consultation, or other action required under any Federal environmental law relating to the review or approval of a project to remove, retrofit, or mitigate an existing infrastructural barrier;(F)establishment of a community land trust for the development and use of real estate created by the removal or capping of an infrastructural barrier; and(G)other transportation planning activities required in advance of a project to remove, retrofit or mitigate an existing infrastructural barrier, as determined by the Secretary.(3)Technical assistance(A)In generalThe Secretary may provide to an eligible entity technical assistance in building organizational or community capacity—(i)to engage in transportation planning; and(ii)to identify innovative solutions to infrastructure challenges, including reconnecting communities that—(I)are bifurcated by eligible facilities; or(II)lack safe, reliable, and affordable transportation choices.(B)PrioritiesIn selecting recipients of technical assistance under subparagraph (A), the Secretary shall give priority to an application from a community that is economically disadvantaged.(4)Federal shareThe Federal share of the cost of an activity carried out with funds from a planning and feasibility study grant shall be not more than 80 percent.(f)Capital construction grants(1)Eligible entitiesThe Secretary may award a capital construction grant to the owner of an infrastructural barrier to carry out a project described in paragraph (3) for which all necessary feasibility studies and other planning activities have been completed.(2)PartnershipsFor the purpose of submitting an application for a capital construction grant, an owner of an infrastructural barrier may, if applicable, partner with—(A)a State;(B)a unit of local government;(C)a Tribal government;(D)a metropolitan planning organization; or(E)a nonprofit organization.(3)Eligible projects(A)In generalA project eligible to be carried out with a capital construction grant includes—(i)the removal of an infrastructural barrier;(ii)the retrofit of an infrastructural barrier in a way that enhances community connectivity and is sensitive to the context of the surrounding community, including retrofits to a highway to cap the facility or replace the facility with an at-grade arterial roadway;(iii)the construction of facilities that improve connectivity across the infrastructural barrier;(iv)the replacement of an infrastructural barrier with a new use or facility that has been identified by members of the community; and(v)the construction of other transportation improvements that address the mobility needs of the community.(B)ExclusionFunds from a capital construction grant shall not be used on a project that increases net capacity for vehicular travel.(4)Priority for capital construction grantsIn selecting eligible entities to receive a capital construction grant, the Secretary shall give priority to an eligible entity that—(A)has entered into a community benefits agreement with representatives of the community;(B)serves a community in which an anti-displacement policy or a community land trust is in effect;(C)has formed a community advisory board under subsection (g); or(D)has demonstrated a plan for—(i)employing residents in the area impacted by the activity or project through targeted hiring programs; and(ii)contracting and subcontracting with disadvantaged business enterprises.(5)RequirementIn order to receive a capital construction grant, the owner of the infrastructural barrier shall demonstrate that the project is supported by the community in the immediate vicinity of the project.(6)Federal share(A)In generalExcept as provided in subparagraph (B), the Federal share of the cost of a project carried out with a capital construction grant may be not more than 80 percent.(B)Maximum federal involvementFederal assistance other than a capital construction grant may be used to satisfy the non-Federal share of the cost of a project for which the grant is awarded.(g)Community advisory board(1)In generalTo help achieve inclusive economic development benefits, an eligible entity may form a community advisory board, which shall—(A)facilitate community engagement with respect to the activity or project proposed to be carried out; and(B)track progress with respect to commitments of the eligible entity to inclusive employment, contracting, and economic development under the activity or project.(2)MembershipIf an eligible entity forms a community advisory board under paragraph (1), the community advisory board shall be composed of representatives of—(A)the community;(B)owners of businesses that serve the community;(C)labor organizations that represent workers that serve the community; and(D)State and local government.(h)Administrative costsFor each fiscal year, the Secretary may use not more than 2 percent of the amounts made available for the program for the costs of administering the program.(i)ReportNot later than 2 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that—(1)assesses the impacts and benefits of highway removals on congestion, mobility, and safety in the project vicinity, and the extent to which those impacts differ from projected impacts;(2)includes recommendations for how traffic forecasting should—(A)consider nonmotorized travel demand; and(B)track and be updated in response to observed travel behavior responses to changes in transportation capacity and land use; and(3)includes recommendations for how environmental reviews for projects funded under the Federal-aid highway program should consider, identify, and quantify, during project development, any diminished access, including nonmotorized access, that will result from the project.(j)Authorization of appropriationsThere is authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) to carry out this section $3,000,000,000 for each of fiscal years 2022 through 2026.


116 HR 644 RH: Navajo Utah Water Rights Settlement Act of 2020
U.S. House of Representatives
2020-12-18
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.

IBUnion Calendar No. 557116th CONGRESS2d SessionH. R. 644[Report No. 116–673]IN THE HOUSE OF REPRESENTATIVESJanuary 17, 2019Mr. Bishop of Utah introduced the following bill; which was referred to the Committee on Natural ResourcesDecember 18, 2020Additional sponsors: Mr. Stewart, Mr. Curtis, Mr. McAdams, Mr. Luján, and Mr. O'HalleranDecember 18, 2020Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printedStrike out all after the enacting clause and insert the part printed in italicFor text of introduced bill, see copy of bill as introduced on January 17, 2019A BILLTo approve the settlement of the water rights claims of the Navajo Nation in Utah, and for other purposes.1.Short titleThis Act may be cited as the Navajo Utah Water Rights Settlement Act of 2020.2.PurposesThe purposes of this Act are—(1)to achieve a fair, equitable, and final settlement of all claims to water rights in the State of Utah for—(A)the Navajo Nation; and(B)the United States, for the benefit of the Nation;(2)to authorize, ratify, and confirm the Agreement entered into by the Nation and the State, to the extent that the Agreement is consistent with this Act;(3)to authorize and direct the Secretary—(A)to execute the Agreement; and(B)to take any actions necessary to carry out the agreement in accordance with this Act; and(4)to authorize funds necessary for the implementation of the Agreement and this Act.3.DefinitionsIn this Act:(1)AgreementThe term agreement means—(A)the document entitled Navajo Utah Water Rights Settlement Agreement dated December 14, 2015, and the exhibits attached thereto; and(B)any amendment or exhibit to the document or exhibits referenced in subparagraph (A) to make the document or exhibits consistent with this Act.(2)AllotmentThe term allotment means a parcel of land—(A)granted out of the public domain that is—(i)located within the exterior boundaries of the Reservation; or(ii)Bureau of Indian Affairs parcel number 792 634511 in San Juan County, Utah, consisting of 160 acres located in Township 41S, Range 20E, sections 11, 12, and 14, originally set aside by the United States for the benefit of an individual identified in the allotting document as a Navajo Indian; and(B)held in trust by the United States—(i)for the benefit of an individual, individuals, or an Indian Tribe other than the Navajo Nation; or(ii)in part for the benefit of the Navajo Nation as of the enforceability date.(3)AllotteeThe term allottee means an individual or Indian Tribe with a beneficial interest in an allotment held in trust by the United States.(4)Enforceability dateThe term enforceability date means the date on which the Secretary publishes in the Federal Register the statement of findings described in section 8(a).(5)General stream adjudicationThe term general stream adjudication means the adjudication pending, as of the date of enactment, in the Seventh Judicial District in and for Grand County, State of Utah, commonly known as the Southeastern Colorado River General Adjudication, Civil No. 810704477, conducted pursuant to State law.(6)Injury to water rightsThe term injury to water rights means an interference with, diminution of, or deprivation of water rights under Federal or State law, excluding injuries to water quality.(7)MemberThe term member means any person who is a duly enrolled member of the Navajo Nation.(8)Navajo nation or nationThe term Navajo Nation or Nation means a body politic and federally recognized Indian nation, as published on the list established under section 104(a) of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131(a)), also known variously as the Navajo Nation, the Navajo Nation of Arizona, New Mexico, & Utah, and the Navajo Nation of Indians and other similar names, and includes all bands of Navajo Indians and chapters of the Navajo Nation and all divisions, agencies, officers, and agents thereof.(9)Navajo water development projectsThe term Navajo water development projects means projects for domestic municipal water supply, including distribution infrastructure, and agricultural water conservation, to be constructed, in whole or in part, using monies from the Navajo Water Development Projects Account.(10)Navajo water rightsThe term Navajo water rights means the Nation’s water rights in Utah described in the agreement and this Act.(11)OM&RThe term OM&R means operation, maintenance, and replacement.(12)PartiesThe term parties means the Navajo Nation, the State, and the United States.(13)ReservationThe term Reservation means, for purposes of the agreement and this Act, the Reservation of the Navajo Nation in Utah as in existence on the date of enactment of this Act and depicted on the map attached to the agreement as Exhibit A, including any parcel of land granted out of the public domain and held in trust by the United States entirely for the benefit of the Navajo Nation as of the enforceability date.(14)SecretaryThe term Secretary means the Secretary of the United States Department of the Interior or a duly authorized representative thereof.(15)StateThe term State means the State of Utah and all officers, agents, departments, and political subdivisions thereof.(16)United statesThe term United States means the United States of America and all departments, agencies, bureaus, officers, and agents thereof.(17)United states acting in its trust capacityThe term United States acting in its trust capacity means the United States acting for the benefit of the Navajo Nation or for the benefit of allottees.4.Ratification of agreement(a)Approval by congressExcept to the extent that any provision of the agreement conflicts with this Act, Congress approves, ratifies, and confirms the agreement (including any amendments to the agreement that are executed to make the agreement consistent with this Act).(b)Execution by secretaryThe Secretary is authorized and directed to promptly execute the agreement to the extent that the agreement does not conflict with this Act, including—(1)any exhibits to the agreement requiring the signature of the Secretary; and(2)any amendments to the agreement necessary to make the agreement consistent with this Act.(c)Environmental compliance(1)In generalIn implementing the agreement and this Act, the Secretary shall comply with all applicable provisions of—(A)the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);(B)the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and(C)all other applicable environmental laws and regulations.(2)Execution of the agreementExecution of the agreement by the Secretary as provided for in this Act shall not constitute a major Federal action under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).5.Navajo water rights(a)Confirmation of navajo water rights(1)QuantificationThe Navajo Nation shall have the right to use water from water sources located within Utah and adjacent to or encompassed within the boundaries of the Reservation resulting in depletions not to exceed 81,500 acre-feet annually as described in the agreement and as confirmed in the decree entered by the general stream adjudication court.(2)Satisfaction of allottee rightsDepletions resulting from the use of water on an allotment shall be accounted for as a depletion by the Navajo Nation for purposes of depletion accounting under the agreement, including recognition of—(A)any water use existing on an allotment as of the date of enactment of this Act and as subsequently reflected in the hydrographic survey report referenced in section 7(b);(B)reasonable domestic and stock water uses put into use on an allotment; and(C)any allotment water rights that may be decreed in the general stream adjudication or other appropriate forum.(3)Satisfaction of on-reservation State law-based water rightsDepletions resulting from the use of water on the Reservation pursuant to State law-based water rights existing as of the date of enactment of this Act shall be accounted for as depletions by the Navajo Nation for purposes of depletion accounting under the agreement.(4)In generalThe Navajo water rights are ratified, confirmed, and declared to be valid.(5)UseAny use of the Navajo water rights shall be subject to the terms and conditions of the agreement and this Act.(6)ConflictIn the event of a conflict between the agreement and this Act, the provisions of this Act shall control.(b)Trust status of Navajo water rightsThe Navajo water rights—(1)shall be held in trust by the United States for the use and benefit of the Nation in accordance with the agreement and this Act; and(2)shall not be subject to forfeiture or abandonment.(c)Authority of the nation(1)In generalThe Nation shall have the authority to allocate, distribute, and lease the Navajo water rights for any use on the Reservation in accordance with the agreement, this Act, and applicable Tribal and Federal law.(2)Off-reservation useThe Nation may allocate, distribute, and lease the Navajo water rights for off-Reservation use in accordance with the agreement, subject to the approval of the Secretary.(3)Allottee water rightsThe Nation shall not object in the general stream adjudication or other applicable forum to the quantification of reasonable domestic and stock water uses on an allotment, and shall administer any water use on the Reservation in accordance with applicable Federal law, including recognition of—(A)any water use existing on an allotment as of the date of enactment of this Act and as subsequently reflected in the hydrographic survey report referenced in section 7(b);(B)reasonable domestic and stock water uses on an allotment; and(C)any allotment water rights decreed in the general stream adjudication or other appropriate forum.(d)EffectExcept as otherwise expressly provided in this section, nothing in this Act—(1)authorizes any action by the Nation against the United States under Federal, State, Tribal, or local law; or(2)alters or affects the status of any action brought pursuant to section 1491(a) of title 28, United States Code.6.Navajo trust accounts(a)EstablishmentThe Secretary shall establish a trust fund, to be known as the Navajo Utah Settlement Trust Fund (referred to in this Act as the Trust Fund), to be managed, invested, and distributed by the Secretary and to remain available until expended, consisting of the amounts deposited in the Trust Fund under subsection (c), together with any interest earned on those amounts, for the purpose of carrying out this Act.(b)AccountsThe Secretary shall establish in the Trust Fund the following Accounts:(1)The Navajo Water Development Projects Account.(2)The Navajo OM&R Account.(c)DepositsThe Secretary shall deposit in the Trust Fund Accounts—(1)in the Navajo Water Development Projects Account, the amounts made available pursuant to section 7(a)(1); and(2)in the Navajo OM&R Account, the amount made available pursuant to section 7(a)(2).(d)Management and interest(1)ManagementUpon receipt and deposit of the funds into the Trust Fund Accounts, the Secretary shall manage, invest, and distribute all amounts in the Trust Fund in a manner that is consistent with the investment authority of the Secretary under—(A)the first section of the Act of June 24, 1938 (25 U.S.C. 162a);(B)the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001 et seq.); and(C)this section.(2)Investment earningsIn addition to the deposits under subsection (c), any investment earnings, including interest, credited to amounts held in the Trust Fund are authorized to be appropriated to be used in accordance with the uses described in subsection (h).(e)Availability of amountsAmounts appropriated to, and deposited in, the Trust Fund, including any investment earnings, shall be made available to the Nation by the Secretary beginning on the enforceability date and subject to the uses and restrictions set forth in this section.(f)Withdrawals(1)Withdrawals Under the American Indian Trust Fund Management Reform Act of 1994The Nation may withdraw any portion of the funds in the Trust Fund on approval by the Secretary of a tribal management plan submitted by the Nation in accordance with the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001 et seq.).(A)RequirementsIn addition to the requirements under the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001 et seq.), the Tribal management plan under this paragraph shall require that the Nation shall spend all amounts withdrawn from the Trust Fund and any investment earnings accrued through the investments under the Tribal management plan in accordance with this Act.(B)EnforcementThe Secretary may carry out such judicial and administrative actions as the Secretary determines to be necessary to enforce the Tribal management plan to ensure that amounts withdrawn by the Nation from the Trust Fund under this paragraph are used in accordance with this Act.(2)Withdrawals under expenditure planThe Nation may submit to the Secretary a request to withdraw funds from the Trust Fund pursuant to an approved expenditure plan.(A)RequirementsTo be eligible to withdraw funds under an expenditure plan under this paragraph, the Nation shall submit to the Secretary for approval an expenditure plan for any portion of the Trust Fund that the Nation elects to withdraw pursuant to this paragraph, subject to the condition that the funds shall be used for the purposes described in this Act.(B)InclusionsAn expenditure plan under this paragraph shall include a description of the manner and purpose for which the amounts proposed to be withdrawn from the Trust Fund will be used by the Nation, in accordance with subsections (c) and (h).(C)ApprovalOn receipt of an expenditure plan under this paragraph, the Secretary shall approve the plan, if the Secretary determines that the plan—(i)is reasonable;(ii)is consistent with, and will be used for, the purposes of this Act; and(iii)contains a schedule which described that tasks will be completed within 18 months of receipt of withdrawn amounts.(D)EnforcementThe Secretary may carry out such judicial and administrative actions as the Secretary determines to be necessary to enforce an expenditure plan to ensure that amounts disbursed under this paragraph are used in accordance with this Act.(g)Effect of actNothing in this Act gives the Nation the right to judicial review of a determination of the Secretary regarding whether to approve a Tribal management plan or an expenditure plan except under subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the Administrative Procedure Act).(h)UsesAmounts from the Trust Fund shall be used by the Nation for the following purposes:(1)The Navajo Water Development Projects Account shall be used to plan, design, and construct the Navajo water development projects and for the conduct of related activities, including to comply with Federal environmental laws.(2)The Navajo OM&R Account shall be used for the operation, maintenance, and replacement of the Navajo water development projects.(i)LiabilityThe Secretary and the Secretary of the Treasury shall not be liable for the expenditure or investment of any amounts withdrawn from the Trust Fund by the Nation under subsection (f).(j)No per capita distributionsNo portion of the Trust Fund shall be distributed on a per capita basis to any member of the Nation.(k)Expenditure reportsThe Navajo Nation shall submit to the Secretary annually an expenditure report describing accomplishments and amounts spent from use of withdrawals under a Tribal management plan or an expenditure plan as described in this Act.7.Authorization of appropriations(a)AuthorizationThere are authorized to be appropriated to the Secretary—(1)for deposit in the Navajo Water Development Projects Account of the Trust Fund established under section 6(b)(1), $198,300,000, which funds shall be retained until expended, withdrawn, or reverted to the general fund of the Treasury; and(2)for deposit in the Navajo OM&R Account of the Trust Fund established under section 6(b)(2), $11,100,000, which funds shall be retained until expended, withdrawn, or reverted to the general fund of the Treasury.(b)Implementation costsThere is authorized to be appropriated non-trust funds in the amount of $1,000,000 to assist the United States with costs associated with the implementation of the Act, including the preparation of a hydrographic survey of historic and existing water uses on the Reservation and on allotments.(c)State cost shareThe State shall contribute $8,000,000 payable to the Secretary for deposit into the Navajo Water Development Projects Account of the Trust Fund established under section 6(b)(1) in installments in each of the 3 years following the execution of the agreement by the Secretary as provided for in subsection (b) of section 4.(d)Fluctuation in costsThe amount authorized to be appropriated under subsection (a) shall be increased or decreased, as appropriate, by such amounts as may be justified by reason of ordinary fluctuations in costs occurring after the date of enactment of this Act as indicated by the Bureau of Reclamation Construction Cost Index—Composite Trend.(1)RepetitionThe adjustment process under this subsection shall be repeated for each subsequent amount appropriated until the amount authorized, as adjusted, has been appropriated.(2)Period of indexingThe period of indexing adjustment for any increment of funding shall end on the date on which funds are deposited into the Trust Fund.8.Conditions precedent(a)In generalThe waivers and release contained in section 9 of this Act shall become effective as of the date the Secretary causes to be published in the Federal Register a statement of findings that—(1)to the extent that the agreement conflicts with the Act, the agreement has been revised to conform with this Act;(2)the agreement, so revised, including waivers and releases of claims set forth in section 9, has been executed by the parties, including the United States;(3)Congress has fully appropriated, or the Secretary has provided from other authorized sources, all funds authorized under subsection (a) of section 7;(4)the State has enacted any necessary legislation and provided the funding required under the agreement and subsection (c) of section 7; and(5)the court has entered a final or interlocutory decree that—(A)confirms the Navajo water rights consistent with the agreement and this Act; and(B)with respect to the Navajo water rights, is final and nonappealable.(b)Expiration dateIf all the conditions precedent described in subsection (a) have not been fulfilled to allow the Secretary’s statement of findings to be published in the Federal Register by October 31, 2030—(1)the agreement and this Act, including waivers and releases of claims described in those documents, shall no longer be effective;(2)any funds that have been appropriated pursuant to section 7 but not expended, including any investment earnings on funds that have been appropriated pursuant to such section, shall immediately revert to the general fund of the Treasury; and(3)any funds contributed by the State pursuant to subsection (c) of section 7 but not expended shall be returned immediately to the State.(c)ExtensionThe expiration date set forth in subsection (b) may be extended if the Navajo Nation, the State, and the United States (acting through the Secretary) agree that an extension is reasonably necessary.9.Waivers and releases(a)In General(1)Waiver and release of claims by the nation and the united states acting in its capacity as trustee for the nationSubject to the retention of rights set forth in subsection (c), in return for confirmation of the Navajo water rights and other benefits set forth in the agreement and this Act, the Nation, on behalf of itself and the members of the Nation (other than members in their capacity as allottees), and the United States, acting as trustee for the Nation and members of the Nation (other than members in their capacity as allottees), are authorized and directed to execute a waiver and release of—(A)all claims for water rights within Utah based on any and all legal theories that the Navajo Nation or the United States acting in its trust capacity for the Nation, asserted, or could have asserted, at any time in any proceeding, including to the general stream adjudication, up to and including the enforceability date, except to the extent that such rights are recognized in the agreement and this Act; and(B)all claims for damages, losses, or injuries to water rights or claims of interference with, diversion, or taking of water rights (including claims for injury to lands resulting from such damages, losses, injuries, interference with, diversion, or taking of water rights) within Utah against the State, or any person, entity, corporation, or municipality, that accrued at any time up to and including the enforceability date.(b)Claims by the navajo nation against the united statesThe Navajo Nation, on behalf of itself (including in its capacity as allottee) and its members (other than members in their capacity as allottees), shall execute a waiver and release of—(1)all claims the Navajo Nation may have against the United States relating in any manner to claims for water rights in, or water of, Utah that the United States acting in its trust capacity for the Nation asserted, or could have asserted, in any proceeding, including the general stream adjudication;(2)all claims the Navajo Nation may have against the United States relating in any manner to damages, losses, or injuries to water, water rights, land, or other resources due to loss of water or water rights (including damages, losses, or injuries to hunting, fishing, gathering, or cultural rights due to loss of water or water rights; claims relating to interference with, diversion, or taking of water; or claims relating to failure to protect, acquire, replace, or develop water or water rights) within Utah that first accrued at any time up to and including the enforceability date;(3)all claims the Nation may have against the United States relating in any manner to the litigation of claims relating to the Nation’s water rights in proceedings in Utah; and(4)all claims the Nation may have against the United States relating in any manner to the negotiation, execution, or adoption of the agreement or this Act.(c)Reservation of rights and retention of claims by the navajo nation and the united statesNotwithstanding the waivers and releases authorized in this Act, the Navajo Nation, and the United States acting in its trust capacity for the Nation, retain—(1)all claims for injuries to and the enforcement of the agreement and the final or interlocutory decree entered in the general stream adjudication, through such legal and equitable remedies as may be available in the decree court or the Federal District Court for the District of Utah;(2)all rights to use and protect water rights acquired after the enforceability date;(3)all claims relating to activities affecting the quality of water, including any claims under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq. (including claims for damages to natural resources)), the Safe Drinking Water Act (42 U.S.C. 300f et seq.), and the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), the regulations implementing those Acts, and the common law;(4)all claims for water rights, and claims for injury to water rights, in states other than the State of Utah;(5)all claims, including environmental claims, under any laws (including regulations and common law) relating to human health, safety, or the environment; and(6)all rights, remedies, privileges, immunities, and powers not specifically waived and released pursuant to the agreement and this Act.(d)EffectNothing in the agreement or this Act—(1)affects the ability of the United States acting in its sovereign capacity to take actions authorized by law, including any laws relating to health, safety, or the environment, including the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.), the Safe Drinking Water Act (42 U.S.C. 300f et seq.), the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.), and the regulations implementing those laws;(2)affects the ability of the United States to take actions in its capacity as trustee for any other Indian Tribe or allottee;(3)confers jurisdiction on any State court to—(A)interpret Federal law regarding health, safety, or the environment or determine the duties of the United States or other parties pursuant to such Federal law; and(B)conduct judicial review of Federal agency action; or(4)modifies, conflicts with, preempts, or otherwise affects—(A)the Boulder Canyon Project Act (43 U.S.C. 617 et seq.);(B)the Boulder Canyon Project Adjustment Act (43 U.S.C. 618 et seq.);(C)the Act of April 11, 1956 (commonly known as the Colorado River Storage Project Act) (43 U.S.C. 620 et seq.);(D)the Colorado River Basin Project Act (43 U.S.C. 1501 et seq.);(E)the Treaty between the United States of America and Mexico respecting utilization of waters of the Colorado and Tijuana Rivers and of the Rio Grande, signed at Washington February 3, 1944 (59 Stat. 1219);(F)the Colorado River Compact of 1922, as approved by the Presidential Proclamation of June 25, 1929 (46 Stat. 3000); and(G)the Upper Colorado River Basin Compact as consented to by the Act of April 6, 1949 (63 Stat. 31, chapter 48).(e)Tolling of claims(1)In generalEach applicable period of limitation and time-based equitable defense relating to a claim waived by the Navajo Nation described in this section shall be tolled for the period beginning on the date of enactment of this Act and ending on the enforceability date.(2)Effect of subsectionNothing in this subsection revives any claim or tolls any period of limitation or time-based equitable defense that expired before the date of enactment of this Act.(3)LimitationNothing in this section precludes the tolling of any period of limitations or any time-based equitable defense under any other applicable law.10.Miscellaneous provisions(a)PrecedentNothing in this Act establishes any standard for the quantification or litigation of Federal reserved water rights or any other Indian water claims of any other Indian Tribe in any other judicial or administrative proceeding.(b)Other indian tribesNothing in the agreement or this Act shall be construed in any way to quantify or otherwise adversely affect the water rights, claims, or entitlements to water of any Indian Tribe, band, or community, other than the Navajo Nation.11.Relation to allottees(a)No effect on claims of allotteesNothing in this Act or the agreement shall affect the rights or claims of allottees, or the United States, acting in its capacity as trustee for or on behalf of allottees, for water rights or damages related to lands allotted by the United States to allottees, except as provided in section 5(a)(2).(b)Relationship of decree to allotteesAllottees, or the United States, acting in its capacity as trustee for allottees, are not bound by any decree entered in the general stream adjudication confirming the Navajo water rights and shall not be precluded from making claims to water rights in the general stream adjudication. Allottees, or the United States, acting in its capacity as trustee for allottees, may make claims and such claims may be adjudicated as individual water rights in the general stream adjudication.12.AntideficiencyThe United States shall not be liable for any failure to carry out any obligation or activity authorized by this Act (including any obligation or activity under the agreement) if adequate appropriations are not provided expressly by Congress to carry out the purposes of this Act.December 18, 2020Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed


113 HR 5712 IH: DHS Private Sector Office Engagement Act of 2014
U.S. House of Representatives
2014-11-14
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		113th CONGRESS
		2d Session
		H. R. 5712
		IN THE HOUSE OF REPRESENTATIVES

			November 14, 2014
			Mr. Clawson of Florida (for himself and Mr. McCaul) introduced the following bill; which was referred to the Committee on Homeland Security

		A BILL
		To authorize the Private Sector Office of the Department of Homeland Security to improve private
			 sector engagement in protecting the homeland, and for other purposes.

		1.Short titleThis Act may be cited as the DHS Private Sector Office Engagement Act of 2014.
		2.Private Sector Office
			(a)In generalSubsection (f) of section 102 of the Homeland Security Act of 2002 (6 U.S.C. 112) is amended to
			 read as follows:

					(f)Authorization
						(1)In generalThere is within the Department an office to be known as the Private Sector Office (in this section referred to as the Office). The Office shall be headed by the Assistant Secretary for Private Sector Coordination, who shall
			 be appointed by the Secretary.
						(2)MissionThe mission of the Private Sector Office shall be to—
							(A)create and foster strategic engagement with the private sector to enhance the primary mission of
			 the Department to protect the United States; and
							(B)conduct ongoing economic impact analysis to reduce the burden of Department decisions, regulations,
			 and initiatives on the private sector and the United States economy.
							(3)Qualifications of the Assistant SecretaryThe Assistant Secretary for Private Sector Coordination shall have—
							(A)a minimum of ten years of professional experience working in the private sector;
							(B)a minimum of five years of management experience; and
							(C)a basic knowledge of the regulatory process.
							(4)Deputy Assistant SecretaryThe Office shall have a Deputy Assistant Secretary. Such position shall be part of the career civil
			 service and the individual serving in such position shall satisfy the
			 qualifications specified in paragraph (3) relating to the Assistant
			 Secretary, except that the ten year professional experience requirement
			 under subparagraph (A) of such paragraph may be satisfied by a combination
			 of engaging with or working in the private sector.
						(5)ResponsibilitiesThe Assistant Secretary for Private Sector Coordination shall—
							(A)create a strategic plan for the Office, to be updated or affirmed at a minimum each time there is a
			 new Assistant Secretary;
							(B)advise, inform, and assist the Secretary regarding the impact on the private sector of the
			 Department’s policies, regulations, processes, and actions;
							(C)analyze and report to the Secretary and other appropriate Department officials regarding the
			 economic impact of changes in homeland security policy, including all
			 regulations originating from the Department before such regulations are
			 available for comment in the Federal Register;
							(D)determine what actions, if any, are needed to reduce associated homeland security burdens on the
			 private sector, including unnecessary barriers to private sector job
			 creation;
							(E)create and foster strategic engagement with the private sector to improve homeland security;
							(F)coordinate private sector efforts, with respect to functions of the Department and throughout all
			 components of the Department, to identify private sector resources and
			 capabilities that could be effective in augmenting Federal, State, and
			 local government agency efforts to prevent or respond to an incident;
							(G)in coordination with appropriate components of the Department, encourage and promote to the private
			 sector best practices regarding cyber security and critical infrastructure
			 protection;
							(H)provide information to the private sector regarding voluntary preparedness and the business
			 justification for resilience;
							(I)advise the Secretary regarding the Department’s collective recommendation in evaluating commercial
			 actions pending with other relevant Federal agencies with homeland
			 security related functions;
							(J)provide technical assistance across the Department on issues related to international trade,
			 aviation security, supply chain security, global customs modernization,
			 trade facilitation, and intellectual property rights;
							(K)promote existing public-private partnerships and develop new public-private partnerships to provide
			 for collaboration and mutual support to address homeland security
			 challenges;
							(L)create and manage private sector advisory councils composed of representatives of industries and
			 associations designated by the Secretary to advise the Secretary
			 regarding—
								(i)private sector solutions as such relate to homeland security challenges;
								(ii)homeland security policies, regulations, processes, and actions that affect such industries and
			 associations; and
								(iii)private sector preparedness issues, including effective methods for—
									(I)promoting voluntary preparedness standards to the private sector; and
									(II)assisting the private sector in adopting voluntary preparedness standards; and
									(M)collaborate with the Chief Human Capital Officer to facilitate the DHS Loaned Executive Program
			 through which the Department can obtain ad hoc, unpaid, short-term
			 expertise through appointment of appropriate individuals from the private
			 sector to provide critical skills that, to be fully utilized, require an
			 appointment as an employee and cannot be obtained through other existing
			 hiring mechanisms.
							(6)Accountability
							(A)In generalNot later than 120 days after the date of the enactment of this Act, the Office shall develop
			 objective output and outcome-based performance metrics and measures that
			 will be maintained over time.
							(B)Biannual assessmentsThe Comptroller General of the United States shall perform biannual assessments of the Office’s
			 performance metrics and measures referred to in subparagraph (A),
			 including an evaluation of the accuracy of the economic impact analysis
			 conducted under paragraph (2)(A).
							(C)Annual briefingsThe Assistant Secretary shall annually brief the Committee on Homeland Security of the House of
			 Representatives and the Committee on Homeland Security and Governmental
			 Affairs of the Senate on the activities and performance metrics and
			 measures of the Office.
							(7)Sunset and reevaluationThe authorization under this subsection shall expire on December 31, 2018. The Secretary shall
			 conduct an assessment of the Office concurrently with the next Quadrennial
			 Homeland Security Review required under section 707 of the Homeland
			 Security Act of 2002 (6 U.S.C. 347) that is required after the date of the
			 enactment of this subsection, and submit to the Committee on Homeland
			 Security of the House of Representatives and the Committee on Homeland
			 Security and Governmental Affairs of the Senate information on the
			 following:
							(A)Office performance against the performance metrics and measures referred to in paragraph (6)(A).
							(B)Office strategic plan.
							(C)The results of the biannual assessments under paragraph (6)(B).
							(D)Input from relevant private sector stakeholders and Congress.
							(8)MiscellaneousThe Office shall not duplicate the functions of the Chief Procurement Officer as the Department’s
			 primary liaison for industry or the Office of Small and Disadvantaged
			 Business Utilization regarding potential goods or services the Department
			 may acquire..
			(b)Prohibition on additional authorization of appropriationsNo additional funds are authorized to be appropriated to carry out this Act and the amendments made
			 by this Act. This Act and such amendments shall be carried out using
			 amounts otherwise available for such purposes.


		II
		112th CONGRESS
		2d Session
		S. 3019
		IN THE SENATE OF THE UNITED STATES

			May 8, 2012
			Mr. Menendez introduced
			 the following bill; which was read twice and referred to the
			 Committee on
			 Finance

		A BILL
		To suspend temporarily the duty on
		  propoxycarbazone-sodium.

		1.Propoxycarbazone-sodium
			(a)In
			 generalSubchapter II of chapter 99 of the Harmonized Tariff
			 Schedule of the United States is amended by inserting in numerical sequence the
			 following new heading:

								9902.01.00Methyl
						2-[(4-methyl-5-oxo-3-propoxy-4,5-dihydro-[1,2,4]triazole-1-carbonyl)sulfamoyl]benzoate,
						sodium salt (propoxycarbazone-sodium) (CAS No. 181274–15–7) (provided for in
						subheading 3808.93.15)FreeNo changeNo changeOn or before 12/31/2015

					.
			(b)Effective
			 dateThe amendment made by subsection (a) applies with respect to
			 goods entered, or withdrawn from warehouse for consumption, on or after the
			 15th day after the date of the enactment of this Act.