		II
		112th CONGRESS
		1st Session
		S. 417
		IN THE SENATE OF THE UNITED STATES

			February 28, 2011
			Mr. Ensign introduced
			 the following bill; which was read twice and referred to the
			 Committee on Energy and Natural
			 Resources

		A BILL
		To direct the Secretary of the Interior to transfer to
		  the Secretary of the Navy certain Federal land in Churchill County,
		  Nevada.

		1.Short
			 titleThis Act may be cited as
			 the Churchill County Land Transfer
			 Act.
		2.Transfer of
			 Department of the Interior Land
			(a)In
			 generalNot later than 180 days after the date of enactment of
			 this Act, the Secretary of the Interior shall transfer to the Secretary of the
			 Navy, without consideration, the Federal land described in subsection
			 (b).
			(b)Description of
			 Federal landThe Federal land referred to in subsection (a) is
			 the parcel of approximately 400 acres of land under the jurisdiction of the
			 Secretary of the Interior that—
				(1)is adjacent to
			 Naval Air Station Fallon in Churchill County, Nevada; and
				(2)was withdrawn
			 under Public Land Order 6834 (NV–943–4214–10; N–37875).
				(c)ManagementOn
			 transfer of the Federal land described under subsection (b) to the Secretary of
			 the Navy, the Secretary of the Navy shall have full jurisdiction, custody, and
			 control of the Federal land.


116 HR 8399 IH: End Taxpayer Subsidies for Drug Ads Act
U.S. House of Representatives
2020-09-25
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS2d SessionH. R. 8399IN THE HOUSE OF REPRESENTATIVESSeptember 25, 2020Ms. Finkenauer (for herself and Ms. Slotkin) introduced the following bill; which was referred to the Committee on Ways and MeansA BILLTo amend the Internal Revenue Code of 1986 to deny the deduction for advertising and promotional expenses for prescription drugs.1.Short titleThis Act may be cited as the End Taxpayer Subsidies for Drug Ads Act.2.Disallowance of deduction for advertising and promotional expenses for prescription drugs(a)In generalPart IX of subchapter B of chapter 1 of subtitle A of the Internal Revenue Code of 1986 (relating to items not deductible) is amended by adding at the end the following new section:280I.Disallowance of deduction for direct-to-consumer advertising of prescription drugs(a)In generalNo deduction shall be allowed under this chapter for expenses relating to direct-to-consumer advertising of prescription drugs for any taxable year.(b)Direct-to-Consumer advertisingFor purposes of this section, the term direct-to-consumer advertising means any dissemination, by or on behalf of a sponsor of a prescription drug product (as such term is defined in section 735(3) of the Federal Food, Drug, and Cosmetic Act), of an advertisement which—(1)is in regard to such prescription drug product, and(2)primarily targeted to the general public, including through—(A)publication in journals, magazines, other periodicals, and newspapers,(B)broadcasting through media such as radio, television, and telephone communication systems, direct mail, and billboards, and(C)dissemination on the Internet or through digital platforms (including social media, mobile media, web applications, digital applications, mobile applications, and electronic applications)..(b)Conforming amendmentThe table of sections for such part IX of the Internal Revenue Code of 1986 is amended by adding after the item relating to section 280H the following new item:Sec. 280I. Disallowance of deduction for direct-to-consumer advertising of prescription drugs..(c)Effective dateThe amendments made by this section shall apply to amounts paid or incurred after the date of the enactment of this Act, in taxable years ending after such date.


113 HR 2118 IH: Youth Sports Concussion Act of 2013
U.S. House of Representatives
2013-05-22
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		113th CONGRESS
		1st Session
		H. R. 2118
		IN THE HOUSE OF REPRESENTATIVES

			May 22, 2013
			Mr. Pascrell (for
			 himself and Mr. Rooney) introduced the
			 following bill; which was referred to the Committee on Energy and
			 Commerce

		A BILL
		To reduce sports-related concussions in youth, and for
		  other purposes.

		1.Short titleThis Act may be cited as the
			 Youth Sports Concussion Act of
			 2013.
		2.Sense of
			 CongressIt is the sense of
			 Congress that—
			(1)scientific advancements and a greater
			 understanding of the issues that affect the health and safety of young athletes
			 are key to reducing sports-related concussions in youth;
			(2)the National
			 Academies should complete, and make available to the public, its report on
			 sports-related concussions in youth not later than January 31, 2014;
			(3)the Consumer
			 Product Safety Commission should review the National Academies’ report for any
			 matter that may impact products under the Commission’s jurisdiction;
			(4)if protective
			 equipment manufacturers choose to adopt voluntary consumer product safety
			 standards based on the National Academies’ report and any related Consumer
			 Product Safety Commission recommendations, the voluntary standards should
			 include mechanisms to ensure substantial compliance by covered entities;
			 and
			(5)the Federal Trade
			 Commission should review the National Academies’ report for any matter that may
			 inform efforts to protect consumers from unfair or deceptive practices in or
			 affecting commerce.
			3.The national
			 academies’ report on sports-related concussions in youth
			(a)ReviewThe
			 Consumer Product Safety Commission—
				(1)shall review the
			 National Academies’ report on sports-related concussion in youth not later than
			 5 months after the completion of such report; and
				(2)may make
			 recommendations to protective equipment manufacturers regarding whether
			 voluntary standards should be adopted—
					(A)to reduce the risk
			 of sports-related injury for youth athletes wearing protective
			 equipment;
					(B)to improve the
			 safety of reconditioned protective equipment; and
					(C)to modify
			 protective equipment warning labels.
					(b)Safety
			 standards
				(1)Lead time for a
			 voluntary standardIf, not later than 1 year after the completion
			 of the National Academies’ report, no voluntary standard is adopted based on
			 the National Academies’ report and any related Consumer Product Safety
			 Commission recommendations, the Consumer Product Safety Commission may initiate
			 a proceeding to promulgate a consumer product safety rule in accordance with
			 section 553 of title 5, United States Code.
				(2)Net
			 effectA rule issued under this subsection must have the net
			 effect of improving safety.
				(3)Conformity with
			 existing lawA rule issued under this subsection shall be
			 considered a consumer product safety standard issued by the Commission under
			 section 9 of the Consumer Product Safety Act (15 U.S.C. 2058).
				4.False or
			 misleading claims with respect to athletic sporting activity equipment
			(a)Unlawful
			 activityIt is unlawful for any person to sell, or offer for
			 sale, in interstate commerce, or import into the United States for the purpose
			 of selling or offering for sale, any item or equipment intended, designed, or
			 offered for use by an individual engaged in any athletic sporting activity,
			 whether professional or amateur, for which the seller or importer, or any
			 person acting on behalf of the seller or importer, makes any false or
			 misleading claim with respect to the safety benefits of such item.
			(b)Enforcement by
			 federal trade commission
				(1)Unfair or
			 deceptive acts or practicesA violation of subsection (a) shall
			 be treated as a violation of a rule under section 18 of the Federal Trade
			 Commission Act (15 U.S.C. 57a) regarding unfair or deceptive acts or
			 practices.
				(2)Powers of
			 federal trade commission
					(A)In
			 generalThe Federal Trade Commission shall enforce this section
			 in the same manner, by the same means, and with the same jurisdiction, powers,
			 and duties as though all applicable terms and provisions of the Federal Trade
			 Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of
			 this section.
					(B)RegulationsNotwithstanding
			 any other provision of law, the Federal Trade Commission may promulgate under
			 section 553 of title 5, United States Code, such regulations as the Commission
			 considers necessary or appropriate to carry out this section.
					(C)Privileges and
			 immunitiesAny person who violates subsection (a) shall be
			 subject to the penalties and entitled to the privileges and immunities provided
			 in the Federal Trade Commission Act as though all applicable terms and
			 provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were
			 incorporated and made part of this section.
					(D)Authority
			 preservedNothing in this section shall be construed to limit the
			 authority of the Federal Trade Commission under any other provision of
			 law.
					(c)Enforcement by
			 states
				(1)In
			 generalExcept as provided in paragraph (4), in any case in which
			 the attorney general of a State has reason to believe that an interest of the
			 residents of the State has been or is threatened or adversely affected by any
			 person who violates subsection (a), the attorney general of the State, as
			 parens patriae, may bring a civil action on behalf of the residents of the
			 State in an appropriate district court of the United States to obtain
			 appropriate injunctive relief.
				(2)Rights of
			 federal trade commission
					(A)Notice to
			 federal trade commission
						(i)In
			 generalExcept as provided in clause (iii), the attorney general
			 of a State shall notify the Federal Trade Commission in writing that the
			 attorney general intends to bring a civil action under paragraph (1) before
			 initiating the civil action.
						(ii)ContentsThe
			 notification required by clause (i) with respect to a civil action shall
			 include a copy of the complaint to be filed to initiate the civil
			 action.
						(iii)ExceptionIf
			 it is not feasible for the attorney general of a State to provide the
			 notification required by clause (i) before initiating a civil action under
			 paragraph (1), the attorney general shall notify the Federal Trade Commission
			 immediately upon instituting the civil action.
						(B)Intervention by
			 federal trade commissionThe Federal Trade Commission may—
						(i)intervene in any
			 civil action brought by the attorney general of a State under paragraph (1);
			 and
						(ii)upon
			 intervening—
							(I)be heard on all
			 matters arising in the civil action; and
							(II)file petitions
			 for appeal.
							(3)Investigatory
			 powersNothing in this subsection shall be construed to prevent
			 the attorney general of a State from exercising the powers conferred on the
			 attorney general by the laws of the State to conduct investigations, to
			 administer oaths or affirmations, or to compel the attendance of witnesses or
			 the production of documentary or other evidence.
				(4)Preemptive
			 action by federal trade commissionIf the Federal Trade
			 Commission institutes a civil action or an administrative action with respect
			 to a violation of subsection (a) or a rule promulgated under subsection
			 (b)(2)(B) the attorney general of a State may not, during the pendency of that
			 action, bring a civil action under paragraph (1) against any defendant named in
			 the complaint of the Commission for the violation with respect to which the
			 Commission instituted such action.
				(5)Venue; service
			 of process
					(A)VenueAny
			 action brought under paragraph (1) may be brought in any district court of the
			 United States that meets applicable requirements relating to venue under
			 section 1391 of title 28, United States Code.
					(B)Service of
			 processIn an action brought under paragraph (1), process may be
			 served in any district in which the defendant—
						(i)is
			 an inhabitant; or
						(ii)may
			 be found.
						(6)Actions by other
			 state officials
					(A)In
			 generalIn addition to a civil actions brought by attorneys
			 general under paragraph (1), any other officer of a State who is authorized by
			 the State to do so may bring a civil action under paragraph (1), subject to the
			 same requirements and limitations that apply under this subsection to civil
			 actions brought by attorneys general.
					(B)Savings
			 provisionNothing in this subsection may be construed to prohibit
			 an authorized official of a State from initiating or continuing any proceeding
			 in a court of the State for a violation of any civil or criminal law of the
			 State.


		II
		112th CONGRESS
		1st Session
		S. 1328
		IN THE SENATE OF THE UNITED STATES

			July 6, 2011
			Mr. Reed (for himself,
			 Mr. Cochran, Mrs. Murray, Mr.
			 Rockefeller, and Mr.
			 Whitehouse) 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 regarding school libraries, and for other purposes.

		1.Short
			 titleThis Act may be cited as
			 the Strengthening Kids' Interest in
			 Learning and Libraries Act or the SKILLS
			 Act.
		2.ReferencesExcept as otherwise expressly provided,
			 wherever in this Act an amendment or repeal is expressed in terms of an
			 amendment to, or repeal of, a section or other provision, the reference shall
			 be considered to be made to a section or other provision of the Elementary and
			 Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.).
		IImproving
			 education through school libraries
			101.Authorization
			 of appropriationsSection
			 1002(b)(4) (20 U.S.C. 6302(b)(4)) is amended to read as follows:

					(4)Improving
				literacy through school librariesFor the purpose of carrying out
				subpart 4 of part B, there are authorized to be appropriated such sums as may
				be necessary for fiscal year 2012 and for each of the 5 succeeding fiscal
				years.
					.
			102.State
			 plansSection 1111(b)(8) (20
			 U.S.C. 6311(b)(8)) is amended—
				(1)in the matter
			 preceding subparagraph (A), by inserting or include after
			 describe;
				(2)in subparagraph
			 (D), by striking and after the semicolon;
				(3)by redesignating subparagraph (E) as
			 subparagraph (F); and
				(4)by inserting
			 after subparagraph (D) the following:

						(E)an assurance that
				the State educational agency will assist local educational agencies in
				developing effective school library programs to provide students an opportunity
				to develop digital literacy skills and the knowledge and skills described in
				the challenging academic content standards adopted by the State;
				and
						.
				103.Local
			 educational agency plansSection 1112(c)(1) (20 U.S.C. 6312(c)(1)) is
			 amended—
				(1)in subparagraph
			 (N), by striking and after the semicolon;
				(2)in subparagraph
			 (O), by striking the period and inserting ; and; and
				(3)by adding at the
			 end the following:

						(P)assist each
				school served by the agency and assisted under this part in developing
				effective school library programs consistent with section
				1111(b)(8)(E).
						.

				104.Schoolwide
			 programsSection 1114(b)(1)(D)
			 (20 U.S.C. 6314(b)(1)(D)) is amended by inserting school
			 librarians, after teachers,.
			105.Targeted
			 assistance programsSection
			 1115(c)(1)(F) (20 U.S.C. 6315(c)(1)(F)) is amended by inserting school
			 librarians, after teachers,.
			106.Improving
			 literacy and college and career readiness through effective school library
			 programsSubpart 4 of part B
			 of title I (20 U.S.C. 6383) is amended to read as follows:

					4Improving literacy and college and career readiness
				through effective school library programs
						1251.Improving
				literacy and college and career readiness through effective school library
				programs
							(a)PurposeThe
				purpose of this subpart is to improve students' literacy skills and readiness
				for higher education and careers, by providing students with effective school
				library programs.
							(b)Definition of
				eligible entityIn this section, the term eligible
				entity means—
								(1)a local
				educational agency in which 20 percent of the students served by the local
				educational agency are from families with incomes below the poverty line;
				or
								(2)a consortia of
				such local educational agencies.
								(c)ReservationFrom
				the funds appropriated under section 1002(b)(4) for a fiscal year, the
				Secretary shall reserve—
								(1)one-half of 1
				percent to award assistance under this section to the Bureau of Indian
				Education to carry out activities consistent with the purpose of this subpart;
				and
								(2)one-half of 1
				percent to award assistance under this section to the outlying areas according
				to their respective needs for assistance under this subpart.
								(d)Grants to local
				educational agencies
								(1)In
				generalFrom amounts appropriated under section 1002(b)(4) and
				not reserved under subsection (c), the Secretary shall award grants, on a
				competitive basis, to eligible entities to enable such entities to carry out
				the authorized activities described in subsection (e).
								(2)Sufficient size
				and scopeThe Secretary shall award grants under this section of
				sufficient size and scope to allow the eligible entities to carry out effective
				school library programs for which the grant funds are provided.
								(3)DistributionThe
				Secretary shall ensure that grants under this section are equitably distributed
				among the different geographic regions of the United States, and among eligible
				entities serving urban and rural areas.
								(4)DurationThe
				Secretary shall award grants under this section for a period of 3 years.
								(5)Local
				applicationsAn eligible entity desiring to receive a grant under
				this section shall submit an application to the Secretary at such time, in such
				manner, and containing such information as the Secretary may require. Such
				application shall include, for each school that the eligible entity identifies
				as participating in a grant program under this section, the following
				information:
									(A)a needs
				assessment relating to the need for literacy improvement at all grade levels
				and the need for effective school library programs, based on the age and
				condition of school library resources, including—
										(i)book
				collections;
										(ii)access to
				advanced technology;
										(iii)the
				availability of well-trained, State certified or licensed school librarians;
				and
										(iv)the current
				level of coordination and shared planning time among school librarians and
				classroom teachers;
										(B)a description of
				which grade spans will be served, and an assurance that funding will be
				distributed to serve students in elementary, middle, and high schools;
									(C)how the eligible
				entity will extensively involve school librarians, teachers, administrators,
				and parents in the activities assisted under this section, and the manner in
				which the eligible entity will carry out the activities described in subsection
				(e) using programs and materials that are grounded in scientifically valid
				research;
									(D)the manner in
				which the eligible entity will effectively coordinate the funds and activities
				provided under this section with Federal, State, and local funds and activities
				under this subpart and other literacy, library, technology, and professional
				development funds and activities, including those funded through the Institute
				of Museum and Library Services; and
									(E)the manner in
				which the eligible entity will collect and analyze data on the quality and
				impact of activities carried out under this section by schools served by the
				eligible entity.
									(e)Local
				activitiesFunds under this section may be used to develop and
				enhance effective school library programs, which may include activities
				to—
								(1)acquire
				up-to-date school library resources, including books and reading materials
				that—
									(A)are appropriate
				for students in all grade levels to be served and for students with special
				learning needs, including students who are limited English proficient;
				and
									(B)engage the
				interest of readers at all reading levels;
									(2)acquire and use
				advanced technology, incorporated into the curricula of the school, to develop
				and enhance the digital literacy skills of students;
								(3)facilitate
				Internet links and other resource-sharing networks among schools and school
				libraries, and public and academic libraries, where possible;
								(4)provide—
									(A)professional
				development in the acquisition of digital literacy skills and literacy
				instruction that is appropriate for all grades, including the assessment of
				student literacy needs, the coordination of reading and writing instruction
				across content areas, and training in literacy strategies in all content areas
				for school librarians; and
									(B)activities that
				foster increased collaboration among school librarians, teachers, and
				administrators; and
									(5)provide students
				with access to school libraries during nonschool hours, including the hours
				before and after school, during weekends, and during summer vacation
				periods.
								(f)Supplement not
				supplantFunds made available under this section shall be used to
				supplement, and not supplant, other Federal, State, and local funds expended to
				carry out activities relating to library, technology, or professional
				development activities.
							(g)Accountability
				and reportingEach eligible entity that receives funds under this
				section for a fiscal year shall prepare and submit a report to the Secretary
				regarding how the funding was used and the extent to which the availability of,
				the access to, and the use of, up-to-date school library resources in the
				elementary schools and secondary schools served by the eligible entity was
				increased.
							.
			IIPreparing,
			 training, and recruiting highly effective teachers, school librarians, and
			 principals
			201.Teacher,
			 school librarian, and principal training and recruiting fundTitle II (20 U.S.C. 6601 et seq.) is
			 amended—
				(1)in the title
			 heading, by striking High
			 quality teachers and principals and inserting
			 Highly effective teachers,
			 school librarians, and principals; and
				(2)in the part
			 heading, by striking Teacher
			 and principal and inserting Teacher, school librarian, and
			 principal.
				202.PurposeSection 2101(1) (20 U.S.C. 6601(1)) is
			 amended to read as follows:

					(1)increase student
				achievement through strategies such as—
						(A)improving
				teacher, school librarian, and principal quality; and
						(B)increasing the
				number of highly effective teachers in the classroom, highly effective school
				librarians in the library, and highly effective principals and assistant
				principals in the school; and
						.

			203.State
			 applicationsSection
			 2112(b)(4) (20 U.S.C. 6612(b)(4)) is amended by inserting , school
			 librarians, before and principals.
			204.State use of
			 fundsSection 2113(c) (20
			 U.S.C. 6613(c)) is amended—
				(1)in paragraph
			 (4)—
					(A)in the matter
			 preceding subparagraph (A), by striking principals, and
			 inserting highly effective school librarians, and highly qualified
			 principals and; and
					(B)in subparagraph
			 (B), by striking , principals, and inserting , highly
			 effective school librarians, and highly qualified principals;
			 and
					(2)in paragraph (6),
			 by striking teachers and principals each place the term appears
			 and inserting teachers, school librarians, and
			 principals.
				205.Local use of
			 fundsSection 2123(a) (20
			 U.S.C. 6623(a)) is amended by inserting after paragraph (8) the
			 following:

					(9)(A)Developing and
				implementing strategies to assist in recruiting and retaining highly effective
				school librarians; and
						(B)providing appropriate professional
				development for school librarians, particularly related to skills necessary to
				assist students to improve the students' academic achievement, including
				digital literacy skills and preparation for higher education and
				careers.
						.
			IIIGeneral
			 provisions
			301.DefinitionsSection 9101 (20 U.S.C. 7801) is
			 amended—
				(1)by redesignating
			 paragraphs (16), (17), and (18) through (43) as paragraphs (17), (18), and (20)
			 through (45), respectively;
				(2)by inserting
			 after paragraph (15) the following:

						(15)Digital
				literacy skillsThe term digital literacy skills has
				the meaning given the term in section 202 of the Museum and Library Services
				Act.
						;
				and
				(3)by inserting
			 after paragraph (18) (as redesignated by paragraph (1)) the following:

						(19)Effective
				school library programThe term effective school library
				program means a school library program that—
							(A)is staffed by a
				State certified or licensed school librarian;
							(B)has up-to-date
				books, materials, equipment, and technology (including broadband);
							(C)includes regular
				collaboration between classroom teachers and school librarians to assist with
				development and implementation of the curriculum and other school reform
				efforts; and
							(D)supports the
				development of digital literacy
				skills.
							.
				302.Conforming
			 amendments
				(a)Table of
			 contentsThe table of contents in section 2 of the Act is
			 amended—
					(1)by striking the
			 items relating to subpart 4 of part B of title I and inserting the
			 following:

								SUBPART 4—Improving literacy and college and career readiness
				through effective school library programs
								Sec. 1251. Improving literacy and college and career readiness
				through effective school library
				programs.

							;
					(2)by striking the
			 item relating to title II and inserting the following:

								TITLE II—Preparing, training, and recruiting
				highly effective teachers, school librarians, and
				principals

							;

						and(3)by striking the
			 item relating to part A of title II and inserting the following:

								PART A—Teacher, School Librarian,
				and Principal Training and Recruiting
				Fund.

							.


116 S2095 RS: Enhancing Grid Security through Public-Private Partnerships Act
U.S. Senate
2019-07-11
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.

IICalendar No. 267116th CONGRESS1st SessionS. 2095[Report No. 116–147]IN THE SENATE OF THE UNITED STATESJuly 11, 2019Mr. Gardner (for himself and Mr. Bennet) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural ResourcesOctober 24, 2019Reported by Ms. Murkowski, without amendmentA BILLTo provide for certain programs and developments in the Department of Energy concerning the
			 cybersecurity and vulnerabilities of, and physical threats to, the
			 electric grid, and for other purposes.

 1.Short titleThis Act may be cited as the Enhancing Grid Security through Public-Private Partnerships Act.
 2.DefinitionsIn this Act: (1)Electric Reliability OrganizationThe term Electric Reliability Organization has the meaning given the term in section 215(a) of the Federal Power Act (16 U.S.C. 824o(a)).
 (2)Electric utility; State regulatory authorityThe terms electric utility and State regulatory authority have the meanings given those terms in section 3 of the Federal Power Act (16 U.S.C. 796). (3)SecretaryThe term Secretary means the Secretary of Energy.
			3.Program to promote and advance physical security and cybersecurity of electric utilities
 (a)EstablishmentThe Secretary, in consultation with State regulatory authorities, industry stakeholders, the Electric Reliability Organization, and any other Federal agencies that the Secretary determines to be appropriate, shall carry out a program—
 (1)to develop, and provide for voluntary implementation of, maturity models, self-assessments, and auditing methods for assessing the physical security and cybersecurity of electric utilities;
 (2)to assist with threat assessment and cybersecurity training for electric utilities; (3)to provide technical assistance for electric utilities subject to the program;
 (4)to provide training to electric utilities to address and mitigate cybersecurity supply chain management risks;
 (5)to advance the cybersecurity of third-party vendors in partnerships with electric utilities; and (6)to increase opportunities for sharing best practices and data collection within the electric sector.
 (b)ScopeIn carrying out the program under subsection (a), the Secretary shall— (1)take into consideration—
 (A)the different sizes of electric utilities; and (B)the regions that electric utilities serve;
 (2)prioritize electric utilities with fewer available resources due to size or region; and (3)to the maximum extent practicable, use and leverage—
 (A)existing Department of Energy programs; and (B)existing programs of the Federal agencies determined to be appropriate under subsection (a).
 (c)Protection of informationInformation provided to, or collected by, the Federal Government pursuant to this section— (1)shall be exempt from disclosure under section 552(b)(3) of title 5, United States Code; and
 (2)shall not be made available by any Federal agency, State, political subdivision of a State, or Tribal authority pursuant to any Federal, State, political subdivision of a State, or Tribal law, respectively, requiring public disclosure of information or records.
				4.Report on cybersecurity and distribution systems
 (a)In generalNot later than 1 year after the date of enactment of this Act, the Secretary, in consultation with State regulatory authorities, industry stakeholders, and any other Federal agencies that the Secretary determines to be appropriate, shall submit to Congress a report that assesses—
 (1)priorities, policies, procedures, and actions for enhancing the physical security and cybersecurity of electricity distribution systems, including behind-the-meter generation, storage, and load management devices, to address threats to, and vulnerabilities of, electricity distribution systems; and
 (2)the implementation of the priorities, policies, procedures, and actions assessed under paragraph (1), including—
 (A)an estimate of potential costs and benefits of the implementation; and (B)an assessment of any public-private cost-sharing opportunities.
 (b)Protection of informationInformation provided to, or collected by, the Federal Government under this section— (1)shall be exempt from disclosure under section 552(b)(3) of title 5, United States Code; and
 (2)shall not be made available by any Federal agency, State, political subdivision of a State, or Tribal authority pursuant to any Federal, State, political subdivision of a State, or Tribal law, respectively, requiring public disclosure of information or records.October 24, 2019Reported without amendment


		I
		111th CONGRESS
		1st Session
		H. R. 494
		IN THE HOUSE OF REPRESENTATIVES

			January 14, 2009
			Mr. Spratt introduced
			 the following bill; which was referred to the
			 Committee on Ways and
			 Means

		A BILL
		To amend the Trade Act of 1974 to require the Secretary
		  of Labor to certify a group of workers in a subdivision of a firm as eligible
		  to apply for assistance under the trade adjustment assistance program if the
		  subdivision is a seller of articles of the firm that employed a group of
		  workers who received a certification of eligibility under such program and such
		  sales are related to the article that was the basis for such
		  certification.

		1.Requirement to certify
			 certain adversely affected secondary workers as eligible to apply for
			 assistance under the trade adjustment assistance program
			(a)RequirementSection 222 of the Trade Act of 1974 (19
			 U.S.C. 2272) is amended—
				(1)by redesignating
			 subsection (c) as subsection (d); and
				(2)by inserting after
			 subsection (b) the following:

						(c)Other adversely
				affected secondary workersA group of workers in a subdivision of
				a firm shall be certified by the Secretary as eligible to apply for trade
				adjustment assistance benefits under this chapter pursuant to a petition filed
				under section 221 if the Secretary determines that—
							(1)a significant
				number or proportion of the workers have become totally or partially separated,
				or are threatened to become totally or partially separated;
							(2)the workers’
				subdivision is a seller of articles of the firm (or another subdivision of the
				firm) that employed a group of workers who received a certification of
				eligibility under subsection (a), and such sales are related to the article
				that was the basis for such certification (as defined in subsection (d)(5));
				and
							(3)a loss of business
				by the workers’ subdivision with the firm (or another subdivision of the firm)
				described in paragraph (2) contributed importantly to the workers’ separation
				or threat of separation determined under paragraph
				(1).
							.
				(b)Conforming
			 amendmentSubsection (c) of such section, as redesignated by
			 subsection (a)(1) of this section, is amended in paragraph (2) by striking
			 subsection (c) and inserting subsection
			 (d).
			(c)DefinitionSubsection
			 (d) of such section, as redesignated by subsection (a)(1) of this section, is
			 amended by adding by adding at the end the following:

					(5)SellerThe term seller means a
				subdivision of firm that sells articles of the firm (or another subdivision of
				the firm) that were the basis for a certification of eligibility under
				subsection (a) of a group of workers employed by such firm (or another
				subdivision of the
				firm).
					.


V
108th CONGRESS
2d Session
H. R. 5241
IN THE HOUSE OF REPRESENTATIVES

October 6, 2004
Mr. Toomey introduced the following bill; which was referred to the Committee on the Judiciary

A BILL
For the relief of Gabriella Dee.

1.Permanent resident status for Gabriella Dee
(a)In generalNotwithstanding subsections (a) and (b) of section 201 of the Immigration and Nationality Act, Gabriella Dee shall be eligible for issuance of an immigrant visa or for adjustment of status to that of an alien lawfully admitted for permanent residence upon filing an application for issuance of an immigrant visa under section 204 of such Act or for adjustment of status to lawful permanent resident.
(b)Waiver of grounds for removal or denial of admission
(1)In generalNotwithstanding sections 212(a) and 237(a) of the Immigration and Nationality Act, Gabriella Dee may not be removed from the United States, denied admission to the United States, or considered ineligible for lawful permanent residence in the United States, by reason of any ground for removal or denial of admission that is reflected in the records of the Department of Homeland Security or the Visa Office of the Department of State, on the date of the enactment of this Act.
(2)Rescission of outstanding order of removalThe Secretary of Homeland Security shall rescind any outstanding order of removal or deportation, or any finding of inadmissibility or deportability, that has been entered against Gabriella Dee by reason of any ground described in paragraph (1).
(c)Adjustment of statusIf Gabriella Dee enters, or is admitted or paroled into, the United States before the filing deadline specified in subsection (c), she shall be considered to have entered and remained lawfully and shall, if otherwise eligible, be eligible for adjustment of status under section 245 of the Immigration and Nationality Act as of the date of the enactment of this Act.
(d)Deadline for application and payment of feesSubsections (a) and (b) shall apply only if the application for issuance of an immigrant visa or the application for adjustment of status is filed with appropriate fees within 2 years after the date of the enactment of this Act.
(e)Reduction of immigrant visa numberUpon the granting of an immigrant visa or permanent residence to Gabriella Dee, the Secretary of State shall instruct the proper officer to reduce by 1, during the current or next following fiscal year, the total number of immigrant visas that are made available to natives of the country of the alien’s birth under section 203(a) of the Immigration and Nationality Act or, if applicable, the total number of immigrant visas that are made available to natives of the country of the alien’s birth under section 202(e) of such Act.
(f)Denial of preferential immigration treatment for certain relativesThe natural parents, brothers, and sisters of Gabriella Dee shall not, by virtue of such relationship, be accorded any right, privilege, or status under the Immigration and Nationality Act.


116 HRES 627 IH: Expressing support for the designation of the second Monday in October as “Indigenous Peoples’ Day” to celebrate and honor indigenous peoples and their shared history and culture.
U.S. House of Representatives
2019-10-11
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IV116th CONGRESS1st SessionH. RES. 627IN THE HOUSE OF REPRESENTATIVESOctober 11, 2019Mrs. Torres of California (for herself, Ms. Haaland, Mr. Young, Ms. Davids of Kansas, and Ms. McCollum) submitted the following resolution; which was referred to the Committee on Natural ResourcesRESOLUTIONExpressing support for the designation of the second Monday in October as Indigenous Peoples’ Day to celebrate and honor indigenous peoples and their shared history and culture.

 Whereas Indigenous Peoples’ Day was first proposed in 1977, by a delegation of Native Nations to the United Nations International Conference on Discrimination against Indigenous Populations in the Americas;
 Whereas currently over 50 municipalities and 10 States celebrate Indigenous Peoples’ Day on the second Monday of October; Whereas Columbus Day is a Federal holiday, established by order of President Roosevelt in 1937, and is officially recognized by some cities and States around the country on the second Monday of October;
 Whereas Columbus Day does not currently provide an opportunity to reflect on the colonization of North America by Europeans;
 Whereas prior to colonization, indigenous peoples lived and flourished in the Americas for thousands of years;
 Whereas the European colonization of North America led to the suppression, forced assimilation, and genocide of indigenous peoples and their cultures;
 Whereas the House of Representatives recognizes and values the vast contributions made to the United States by indigenous peoples’ knowledge, science, philosophy, arts, and culture;
 Whereas it is the responsibility of the House of Representatives to foster inclusivity, racial equity, and justice for all people and oppose systemic practices that perpetuate oppression;
 Whereas the House of Representatives recognizes its responsibility to honor the Nation’s indigenous roots, history, traditions, and cultural contributions; and
 Whereas the second Monday in October would be an appropriate date to designate as Indigenous Peoples’ Day: Now, therefore, be it  That the House of Representatives—
 (1)honors and recognizes the unique contributions indigenous peoples have made to the United States of America;
 (2)encourages the people of the United States to observe Indigenous Peoples’ Day with appropriate ceremonies and activities that celebrate and promote awareness of indigenous peoples and their shared history and culture; and
 (3)supports the official designation of Indigenous Peoples Day.


IV
111th CONGRESS
2d Session
H. RES. 1525
In the House of Representatives, U. S.,

July 26, 2010

RESOLUTION
Honoring the 50th anniversary of the publication of To Kill a Mockingbird, a classic American novel authored by Nelle Harper Lee of Monroeville, Alabama.

Whereas Nelle Harper Lee was born on April 28, 1926, to Amasa Coleman Lee and Frances Finch in Monroeville, Alabama;
Whereas Nelle Harper Lee wrote the novel To Kill a Mockingbird portraying life in the 1930s in the fictional small southern town of Maycomb, Alabama, which was modeled on Ms. Lee’s hometown of Monroeville, Alabama;
Whereas To Kill a Mockingbird addressed the issue of racial inequality in the United States by revealing the humanity of a community grappling with moral conflict;
Whereas To Kill a Mockingbird was first published in 1960 and was awarded the Pulitzer Prize in 1961;
Whereas To Kill a Mockingbird was the basis for the 1962 Oscar-winning film of the same name starring Gregory Peck;
Whereas To Kill a Mockingbird is one of the great American novels of the 20th century, having been published in more than 40 languages and having sold over 30 million copies;
Whereas in 2007, Nelle Harper Lee was inducted into the American Academy of Arts and Letters;
Whereas in 2007, President George W. Bush awarded the Presidential Medal of Freedom to Nelle Harper Lee for her great contributions to literature and observed To Kill a Mockingbird has influenced the character of our country for the better and As a model of good writing and humane sensibility, this book will be read and studied forever; and
Whereas To Kill a Mockingbird is celebrated each year in Monroeville, Alabama, through annual public performances featuring local amateur actors: Now, therefore, be it

That the House of Representatives—
(1)recognizes the historic milestone of the 50th anniversary of the publication of To Kill a Mockingbird; and
(2)honors Nelle Harper Lee for her outstanding achievement in the field of American literature in authoring To Kill a Mockingbird.

Lorraine C. Miller,Clerk.


117 S1593 IS: Ensuring Access to General Surgery Act of 2021
U.S. Senate
2021-05-12
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. 1593IN THE SENATE OF THE UNITED STATESMay 12, 2021Mr. Schatz introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and PensionsA BILLTo amend the Public Health Service Act with respect to the designation of general surgery shortage areas, and for other purposes.1.Short titleThis Act may be cited as the Ensuring Access to General Surgery Act of 2021.2.FindingsCongress finds the following:(1)According to the Bureau of Health Workforce, the United States faces a shortage of physicians.(2)A 2016 study entitled Supply and Demand of General Surgeons: Projections From 2014–2030, prepared by the University of North Carolina at Chapel Hill for the American College of Surgeons, found that the supply of general surgeons will grow slightly by 2030 but will not keep up with overall growth in the United States population or demand for surgical services.(3)A 2020 report released by the Association of American Medical Colleges projects shortages in all surgical specialties of between 17,100 and 28,700 surgeons by 2033.(4)A 2020 report prepared by the Health Resources and Services Administration for the Committee on Appropriations of the Senate found a maldistribution of general surgeons nationwide, with rural areas having only 69 percent of the general surgeons needed to meet demand for care. (5)In order to accurately prepare for future physician workforce demands, comprehensive, impartial research and high-quality data are needed to inform dynamic projections of physician workforce needs.(6)A variety of factors, including health outcomes, utilization trends, growing and aging populations, and delivery system changes, influence workforce needs and should be considered as part of flexible projections of workforce needs.(7)Given the particularly acute needs in many rural and other surgical workforce shortage areas, additional efforts to assess the adequacy of the current general surgeon workforce are necessary.3.Study on designation of general surgical health professional shortage areasPart D of title III of the Public Health Service Act (42 U.S.C. 254b et seq.) is amended by adding at the end the following:XIIIGeneral Surgery Shortage Areas340J.Designation of general surgery shortage areas(a)General surgery shortage area definedFor purposes of this section, the term general surgery shortage area means, with respect to an urban, suburban, or rural area in the United States, an area that has a population that is underserved by general surgeons.(b)Study and report(1)StudyThe Secretary, acting through the Administrator of the Health Resources and Services Administration, shall conduct a study on the following matters relating to access by underserved populations to general surgeons:(A)Whether current shortage designations, such as the designation of health professional shortage areas under section 332, results in accurate assessments of the adequacy of local general surgeons to address the needs of underserved populations in urban, suburban, or rural areas.(B)Whether another measure of access to general surgeons by underserved populations, such as one based on general surgeons practicing within hospital service areas, would provide more accurate assessments of shortages in the availability of local general surgeons to meets the needs of those populations.(C)Potential methodologies for the designation of general surgery shortage areas, including the methodology described in paragraph (2).(2)Methodology for the designation of areasAmong the methodologies considered under paragraph (1)(C) for the designation of general surgery shortage areas, the Secretary shall analyze the effectiveness and accuracy of the following methodology:(A)Development of surgery service areasDevelopment of surgery service areas through the identification of hospitals with surgery services and the identification of populations by zip code areas using Medicare patient origin data.(B)Identification of surgeonsIdentification of all actively practicing general surgeons.(C)Surgeon to population ratiosDevelopment of general surgeon-to-population ratios for each surgery service area.(D)Thresholds(i)In generalDetermination of threshold general surgeon-to-population ratios for the number of general surgeons necessary to treat a population for each of the following levels:(I)Optimal supply of general surgeons.(II)Adequate supply of general surgeons.(III)Shortage of general surgeons.(IV)Critical shortage of general surgeons.(ii)ConsiderationsIn determining the thresholds under clause (i), the Secretary shall not assume that the current supply of general surgeons nationwide is the optimal or adequate level and shall consider additional factors such as wait times, health outcomes, ground transportation time to the nearest health care center with a general surgeon, critical access hospitals with surgical capabilities but lacking a general surgeon, and patient experience.(3)ReportNot later than 1 year after the date of the enactment of this subpart, the Secretary shall submit to Congress a report on the study conducted under this subsection.(4)ConsultationIn conducting the study under paragraph (1), the Secretary shall consult with relevant stakeholders, including medical societies, organizations representing surgical facilities, organizations with expertise in general surgery, and organizations representing patients.(5)Publication of dataThe Secretary shall periodically collect and publish in the Federal Register—(A)data comparing the availability and need of general surgery services in urban, suburban, or rural areas in the United States; and(B)if the Secretary designates one or more general surgery shortage areas under subsection (c), a list of the areas so designated.(c)Designation of general surgery shortage areas(1)Methodology developed through regulationBased on the findings of the report under subsection (b)(3), the Secretary may establish, through notice and comment rulemaking, a methodology for the designation of general surgery shortage areas under this section.(2)RequirementsIf the Secretary elects to develop methodology under paragraph (1), the following shall apply:(A)Using the methodology established under paragraph (1) and taking into consideration the data referred to in subsection (b)(5), the Secretary shall—(i)designate general surgery shortage areas in the United States;(ii)publish a descriptive list of the areas; and(iii)review annually, and, as necessary, revise such designations.(B)The Secretary shall follow similar procedures with respect to notice to appropriate parties, opportunities for comment, dissemination of information, and reports to Congress in designating general surgery shortage areas under this section as those that apply to the designation of health professional shortage areas under section 332.(C)In designating general surgery shortage areas under this subsection, the Secretary shall consult with relevant stakeholders, including medical societies, organizations representing surgical facilities, organizations with expertise in general surgery, and organizations representing patients..


114 S3482 IS: Navajo Utah Water Rights Settlement Act of 2016
U.S. Senate
2016-11-17
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		II
		114th CONGRESS2d Session
		S. 3482
		IN THE SENATE OF THE UNITED STATES

			November 17, 2016
			Mr. Hatch introduced the following bill; which was read twice and referred to the Committee on Indian Affairs

		A BILL
		To approve the settlement of the water rights claims of the Navajo Nation in Utah, to authorize
			 construction of projects in connection therewith, and for other purposes.

		1.Short title
 This Act may be cited as the Navajo Utah Water Rights Settlement Act of 2016.
 2.PurposesThe purposes of this Act are— (1)to eliminate controversy over the quantification, allocation, distribution, and use of all waters derived by or through the Navajo Nation in the State of Utah pursuant to all legal theories;
 (2)to recognize and protect the reserved water rights of the Navajo Nation and all those possessing water rights derived by or through the Navajo Nation;
 (3)to protect State appropriative water rights; (4)to provide Navajo and non-Indian citizens in the Upper Colorado River Basin in Utah with certainty regarding water rights, water management, and administration that will allow them to plan for their futures;
 (5)to approve, ratify, and confirm the agreement; (6)to authorize and direct the Secretary to execute and perform duties under the agreement and this Act;
 (7)to authorize the actions and appropriations necessary for the United States to fulfill its legal and trust obligations to the tribes as provided in the agreement and this Act;
 (8)to provide sufficient water supplies and facilities for delivery of those supplies needed to develop and maintain the Navajo Reservation in Utah as a permanent homeland for the Navajo Nation and its members; and
 (9)to promote the economic development and economic self-sufficiency of the Navajo Nation in Utah. 3.FindingsCongress finds the following:
 (1)It is the policy of the United States, in keeping with the trust responsibility of the United States to Indian tribes, to settle Indian water rights claims whenever possible without lengthy and costly litigation.
 (2)The water rights settlements described in paragraph (1) typically require congressional review and approval.
 (3)The Navajo Nation and the United States, acting as trustee for the Navajo Nation and allottees of the Navajo Nation, claim the right to an unquantified amount of water from the San Juan River in the Upper Colorado River Basin in Utah.
 (4)Consistent with the policy of the United States, this Act settles the water rights claims of the Navajo Nation and the United States within the State of Utah, acting as trustee for the Navajo Nation and allottees of the Navajo Nation, without litigation.
 (5)This Act settles the water rights claims of the Navajo Nation and the United States within the State of Utah, acting as trustee for the Navajo Nation and allottees of the Navajo Nation, by providing a permanent source of water for the Navajo Nation in Utah, a water settlement fund to be used for the construction of drinking water infrastructure, and the financing of other modes of water delivery on the Navajo Nation in Utah in exchange for limiting the legal exposure and litigation expenses of the United States and the State of Utah.
			4.Definitions
 (1)AfyThe term afy means acre-feet per year. (2)AgreementThe term agreement means the document entitled Navajo Utah Water Rights Settlement Agreement and the exhibits attached thereto.
 (3)AllotteeThe term allottee means individual members of the Navajo Nation or other Indian tribe for whom the United States holds in trust title to an allotment on the Navajo Nation Reservation in Utah.
 (4)AllotmentThe term allotment means— (A)a parcel of land located within the Reservation; or
 (B)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 held in trust by the United States.
 (5)Enforceability dateThe term enforceability date means the date on which the Secretary publishes in the Federal Register the statement of findings described in section 9(a) of this Act.
 (6)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.
 (7)Indian Health ServiceThe term Indian Health Service means the United States Indian Health Service. (8)Injury to water rightsThe term injury to water rights means the loss, deprivation, impairment, or diminution of water rights.
 (9)MemberThe term member means any person who is a duly enrolled member of the Navajo Nation. (10)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. 5130 et seq.), 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.
 (11)Navajo water development projectsThe term Navajo water development projects means the projects constructed, in whole or in part, using monies from the Navajo Water Development Fund.
 (12)OM&RThe term OM&R means operation, maintenance, and replacement. (13)PartiesThe term parties means the Navajo Nation, the State, and the United States.
 (14)ReclamationThe term Reclamation means the United States Bureau of Reclamation. (15)ReservationThe term Reservation means, for purposes of this agreement, the Reservation of the Navajo Nation as in existence on the date of enactment of this Act and depicted on the map attached to the agreement as Exhibit A.
 (16)SecretaryThe term Secretary means the Secretary of the United States Department of the Interior or a duly authorized representative thereof.
 (17)StateThe term State means the State of Utah and all officers, agents, departments, and political subdivisions thereof. (18)United statesThe term United States means the United States of America and all departments, agencies, bureaus, officers, and agents thereof.
 (19)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.
 (20)Water rightsThe term water rights means rights under tribal, State, and Federal law to divert, pump, impound, store, use, or reuse water within the State.
			5.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, and no later than 180 days from the date that this Act becomes law, 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)Authority of SecretaryThe Secretary may carry out any action that the Secretary determines is necessary or appropriate to implement the agreement and this Act.
			(d)Environmental compliance
 (1)Environmental complianceThe Secretary shall comply with all aspects of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), and other applicable Federal 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.).
 (3)Lead agencyReclamation, or any United States or Navajo Nation agency with an intergovernmental agreement with the Secretary pursuant to subsection (a) of section 6, is authorized to be designated as the lead or joint lead agency with respect to environmental compliance for the Navajo water development projects.
				6.Authorization for construction of Navajo water development projects
 (a)In generalThe Secretary, acting through the Commissioner of Reclamation, shall plan, design, and construct the water diversion, delivery, and conservation features of the Navajo water development projects. The Secretary is authorized to enter into intergovernmental agreements with other United States, State, or Navajo Nation agencies as necessary or appropriate to implement this section.
 (b)Lead agencyReclamation, or any Federal or Navajo Nation agency with an intergovernmental agreement with the Secretary pursuant to subsection (a), is authorized to serve as the lead agency or joint lead agencies with respect to any activity to plan, design, and construct the water diversion, delivery, and conservation features of any Navajo water development project to be constructed by that agency.
 (c)ScopeThe agreement and this Act contemplate a comprehensive approach to addressing identified Reservation water needs by providing funds for domestic and municipal water supply and distribution infrastructure and agricultural water conservation. To allow the Navajo Nation flexibility in meeting the needs of its people over time as both circumstances and technologies evolve, the costs to meet Reservation water needs determined in the studies identified in the agreement were used to establish the dollar amount of the Navajo Water Development Fund. To help ensure that water supply and distribution systems constructed pursuant to the agreement and this Act can be successfully developed and transitioned to be user-supported systems, the agreement and this Act also provide for a Navajo OM&R Trust Account.
			(d)Final water supply system projects
 (1)Design reviewPrior to beginning construction activities for any water supply system as described in the agreement and constructed pursuant to this section, the Secretary shall review the design of the proposed Navajo water development projects and perform value-engineering analyses.
 (2)Negotiation and agreement with the Navajo NationOn the basis of the review described in paragraph (1), the Secretary shall negotiate and reach agreement with the Navajo Nation regarding appropriate changes to the final design so that the final design meets applicable industry standards, as well as changes, if any, that would allow the projects to be constructed for the amounts made available under subsection (a) of section 7, and improve the cost-effectiveness of the projects.
 (e)Nonreimbursability of costsAll costs incurred by the Secretary in carrying out this section shall be nonreimbursable. (f)Funding (1)Federal obligationThe total amount of obligations incurred by the Secretary for planning, design, and construction of the Navajo water development projects in subsections (a) through (j) of this section shall not exceed $198,300,000, except that the total amount of $198,300,000 shall be increased or decreased, as appropriate, based on ordinary fluctuations from June 2014, in construction cost indices applicable to the types of construction involved in the design and construction of the Navajo water development projects.
 (2)State cost shareThe State shall contribute $8,000,000 payable to the Secretary for planning, design, and construction of the Navajo water development projects 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 5.
 (3)Transfers to Navajo OM&R accountMonies made available for the Navajo water development projects but not used for that purpose may, at the discretion of the Navajo Nation, be transferred to the Navajo OM&R Trust Account established by subsection (k).
				(g)Applicability of the Indian Self-Determination Act
 (1)In generalAt the request of the Navajo Nation, and in accordance with the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5301 et seq.), the Secretary shall enter into one or more agreements with the Navajo Nation to carry out the activities authorized by this section.
 (2)Oversight costsReclamation, or any Federal agency with an intergovernmental agreement with the Secretary pursuant to subsection (a), and the Navajo Nation shall negotiate the cost of any oversight activities carried out by such agencies for each agreement under this section, provided that the total cost for that oversight shall not exceed 4 percent of the total project costs.
 (h)Conveyance of title to Navajo water development projectsThe Secretary shall convey title to those Navajo water development projects described as water supply and water distribution systems in the agreement and authorized in this section to the Navajo Nation when construction of each project is complete and the project is operating and, if applicable, delivering potable water.
 (1)Limitation of liabilityEffective on the date of the conveyance authorized by this subsection, the United States shall not be held liable by any court for damages arising out of any act, omission, or occurrence relating to the facilities conveyed under this subsection, other than damages caused by any intentional act or act of negligence committed by the United States, or by employees or agents of the United States, prior to the date of conveyance.
 (2)OM&R obligation of the United States after conveyanceThe United States shall have no obligation to pay for the operation, maintenance, or replacement costs of any Navajo water development project beginning on the date on which—
 (A)title to the project is conveyed to the Navajo Nation; and (B)the amounts required to be deposited in the Navajo OM&R Trust Account pursuant to subsection (b) of section 7 have been deposited in that account.
 (i)Technical assistanceThe Secretary shall provide technical assistance to prepare the Navajo Nation for operation of the Navajo water development projects, including operation and management training.
			(j)Project management committee
 (1)In GeneralThe Secretary shall facilitate the formation of a project management committee to be composed of representatives of—
 (A)the Navajo Nation; (B)Reclamation, or any Federal agency with an intergovernmental agreement with the Secretary pursuant to subsection (a), the Bureau of Indian Affairs, and the Indian Health Service, as appropriate; and
 (C)the State. (2)DutiesThe project management committee shall—
 (A)review cost factors and budgets for construction, operation, and maintenance activities for the Navajo water development projects;
 (B)improve management of the planning, design, construction, and operation of the Navajo water development projects through enhanced communication; and
 (C)seek additional ways to reduce overall costs for the Navajo water development projects. (k)Navajo OM&R trust accountThe United States shall establish a trust account in the Treasury of the United States for the operation, maintenance, and replacement of the Navajo water development projects authorized to be constructed in this section and described in the agreement as water supply systems and water distribution systems.
			7.Authorization of appropriations
			(a)Navajo Water Development Fund
 (1)In generalThere is authorized to be appropriated to the Secretary $198,300,000 to plan, design, and construct the Navajo water development projects to remain available until expended.
 (2)AdjustmentsThe amount under paragraph (1) shall be adjusted by such amounts— (A)as are contributed by the State pursuant to subsection (f)(2) of section 6; and
 (B)as may be required by reason of changes since June 2014 in construction costs, as indicated by engineering cost indices applicable to the types of construction involved.
 (3)UseIn addition to the uses authorized under paragraph (1), amounts made available under that paragraph may be used for the conduct of related activities, to comply with Federal environmental laws, or may be transferred to the Navajo OM&R Trust Account as provided in subsection (f)(3) of section 6.
				(b)Navajo OM&R trust account
 (1)Authorization of appropriationsFor the purpose of assisting the Navajo Nation with the expenses of operating, maintaining, and replacing the Navajo water development projects authorized to be constructed in section 6 and described as water supply systems and water distribution systems in the agreement, there is authorized to be appropriated $11,100,000 to be deposited in the Navajo OM&R trust account established pursuant to subsection (k) of section 6, which funds shall be retained until expended.
 (2)Management of accountThe Secretary shall manage the account in accordance with the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001 et seq.), and shall invest amounts deposited in the account in accordance with that Act and—
 (A)the Act of April 1, 1880 (25 U.S.C. 161); and (B)the first section of the Act of June 24, 1938 (25 U.S.C. 162a).
 (3)Fluctuation in costsThe amount authorized to be appropriated in paragraph (1) shall be increased or decreased, as appropriate, by such amounts as may be justified by reason of ordinary fluctuations in costs occurring after June 2014 as indicated by applicable engineering cost indices.
 (4)Availability of moniesMonies appropriated to and deposited in the Navajo OM&R Trust Account, and investment earnings thereon, shall be made available by the Secretary to the Navajo Nation beginning on the date on which title to and OM&R responsibility for the Navajo water development projects is transferred to the Navajo Nation pursuant to subsection (h) of section 6 until such monies are exhausted.
 (c)Programmatic costsThere is authorized to be appropriated $1,000,000 to assist the Nation with programmatic costs associated with the settlement, including the preparation of a hydrographic survey of historic and existing water uses on the Reservation.
 (d)OffsetTo the extent necessary, the Secretary shall offset any direct spending authorized and any interest earned on amounts expended pursuant to this section using such additional amounts as may be made available to the Secretary for the applicable fiscal year.
			8.Reserved water rights
 (a)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.
 (b)Rights of members and allotteesAny entitlement to water of any member or any allottee for lands within the Reservation or for any allotment shall be satisfied out of the Navajo Nation water rights recognized in the agreement and this Act.
 (c)Held in trustThe water rights of the Navajo Nation and the allottees, all as described in the agreement and as adjudicated in the decree, shall be held in trust by the United States on behalf of the Navajo Nation and allottees, respectively.
 (d)Forfeiture and abandonmentThe water rights of the Navajo Nation and the allottees, all as described in the agreement and adjudicated in the decree, shall not be subject to loss by non-use, forfeiture, abandonment, or other operation of law.
			9.Conditions precedent
 (a)In generalThe waivers and release contained in section 10 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 10, 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 by subsections (a) and (b) of section 7;
 (4)the State has enacted any necessary legislation and provided the funding required under the agreement and subsection (f)(2) of section 6 of this Act; and
 (5)the court has entered a final or interlocutory decree that— (A)confirms the water rights of the Navajo Nation;
 (B)with respect to the water rights of the Navajo Nation, is final as to all parties to the general stream adjudication and from which no further appeals may be taken; and
 (C)the Secretary, in consultation with the parties, has determined is consistent in all material respects with the agreement and with the proposed judgment and decree agreed to by the parties to the agreement.
 (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, 2026—
 (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 of this Act but not expended shall immediately revert to the general fund of the United States; and
 (3)any funds contributed by the State pursuant to subsection (f)(2) of section 6 of this Act 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.
			10.Waivers and releases
 (a)Claims by the Navajo Nation and the United StatesIn return for confirmation of the Navajo Nation’s federally reserved water rights, the water rights or rights to use water of allottees in Utah, and other benefits set forth in the agreement and this Act, and in return for a waiver of claims by the State against the Nation and the United States acting in its trust capacity, the Nation and the United States acting in its trust capacity hereby waive and release—
 (1)all claims for water rights within Utah based on any and all legal theories that the Navajo Nation, allottees, or the United States acting in its trust capacity, 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
 (2)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 and its members (other than members in their individual capacity, including 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 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 the adoption of the agreement or this Act.
 (c)Claims by the State against the Navajo Nation and the United StatesExcept as provided in subsection (e), the State waives and releases any claims that the State may have against the Navajo Nation, allottees, and the United States acting in its trust capacity, under Federal, State, or other law for—
 (1)all claims for injury to water rights resulting from the diversion or use of water on or for— (A)the Reservation;
 (B)Navajo trust land in Utah; (C)Navajo fee land in Utah; or
 (D)allotments, arising from time immemorial through the enforceability date; (2)all claims for injury to water rights arising after the enforceability date resulting from the diversion or use of water on or for—
 (A)the Navajo reservation; (B)Navajo trust land in Utah;
 (C)Navajo fee land in Utah; or (D)allotments, in a manner not in violation of the agreement or applicable law; and
 (3)all claims arising out of or related in any manner to the negotiation or execution of the agreement, or the negotiation or enactment of this Act.
 (d)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, 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 the 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.
 (e)Reservation of rights and retention of claims by the StateNotwithstanding the waivers of claims and releases described in this section, the State shall retain any right to—
 (1)assert claims for 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 State decree court or the Federal District Court for the District of Utah;
 (2)assert claims for injury to, and seek enforcement of, the State’s rights under the judgment and decree entered by the court in the general stream adjudication;
 (3)assert past, present, and future claims to water that are subject to the general stream adjudication or other applicable law, and that are not inconsistent with the agreement;
 (4)assert any claims for injury to water rights not specifically waived herein; and (5)take any action including environmental actions, under any laws (including regulations and the common law) relating to human health, safety, or the environment.
 (f)Effect of sectionNothing 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 (54 Stat. 774, chapter 643);
 (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 Act of September 30, 1968 (commonly known as the Colorado River Basin Project Act) (82 Stat. 885);
 (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).
					(g)Tolling of claims
 (1)In generalEach applicable period of limitation and time-based equitable defense relating to a claim 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.
				11.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 tribes 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.