I
111th CONGRESS
1st Session
H. R. 2050
IN THE HOUSE OF REPRESENTATIVES

April 22, 2009
Mr. Michaud introduced the following bill; which was referred to the Committee on Energy and Commerce

A BILL
To prohibit the introduction or delivery for introduction into interstate commerce of novelty lighters, and for other purposes.

1.Short titleThis Act may be cited as the Protect Children from Dangerous Lighters Act of 2009.
2.FindingsCongress makes the following findings:
(1)Lighters are inherently dangerous products containing flammable fuel.
(2)If lighters are used incorrectly or used by children, dangerous and damaging consequences may result.
(3)Novelty lighters are easily mistaken by children and adults as children’s toys or as common household items.
(4)Novelty lighters have been the cause of many personal injuries to children and adults and property damage throughout the United States.
3.Novelty lighter defined
(a)In generalIn this Act, the term novelty lighter means a device typically used for the igniting or lighting of cigarettes, cigars, or pipes that has a toy-like appearance, has entertaining audio or visual effects, or resembles in any way in form or function an item that is commonly recognized as appealing, attractive, or intended for use by children of 10 years of age or younger, including such a device that takes toy-like physical forms, including toy animals, cartoon characters, cars, boats, airplanes, common household items, weapons, cell phones, batteries, food, beverages, musical instruments, and watches.
(b)ExclusionSuch term does not include standard disposable and refillable lighters that are printed or decorated with logos, labels, decals, artwork, or heat shrinkable sleeves.
4.Ban on novelty lighters
(a)Banned hazardous substanceA novelty lighter shall be treated as a banned hazardous substance as defined in section 2 of the Federal Hazardous Substances Act (15 U.S.C. 1261) and the prohibitions set out in section 4 of such Act (15 U.S.C. 1263) shall apply to novelty lighters.
(b)ApplicationSubsection (a) applies to a novelty lighter—
(1)manufactured on or after January 1, 1980; and
(2)that is not considered by the Consumer Product Safety Commission to be an antique or an item with significant artistic value.


116 HR 7901 IH: A Necessary and Targeted Impediment to Viruses Act
U.S. House of Representatives
2020-07-31
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. 7901IN THE HOUSE OF REPRESENTATIVESJuly 31, 2020Mr. Cartwright introduced the following bill; which was referred to the Committee on Oversight and ReformA BILLTo require the Administrator for General Services to obtain an antivirus product to make available to Federal agencies in order to provide the product to individuals whose personally identifiable information may have been compromised.1.Short titleThis Act may be cited as the A Necessary and Targeted Impediment to Viruses Act or the ANTI Viruses Act.2.Requirements for provision of antivirus software to certain individuals affected by data breach(a)Requirement To procure antivirus product(1)In generalThe Administrator for General Services shall procure an antivirus product suitable for Federal agencies to provide to individuals whose personally identifiable information may have been compromised.(2)DeadlineAs soon as practicable after the date of the enactment of this Act, the Administrator shall issue a solicitation for vendors to provide the antivirus product described in paragraph (1). Not later than 1 year after such date, the Administrator shall award the contract for the product.(b)Requirement To provide one-Year license for use of antivirus productA Federal agency that experiences a compromise in its computer systems resulting in the loss of personally identifiable information shall provide to any individual directly affected a one-year license of the antivirus product procured under subsection (a).(c)Federal agencyIn this section, the term Federal agency has the meaning provided the term Executive agency in section 105 of title 5, United States Code, and also includes the United States Postal Service and the Postal Regulatory Commission.(d)Source of fundsThe funds used by a Federal agency to carry out this Act shall be derived from amounts made available to the agency for operating expenses.


		I
		111th CONGRESS
		1st Session
		H. R. 4358
		IN THE HOUSE OF REPRESENTATIVES

			December 16, 2009
			Ms. Baldwin
			 introduced the following bill; which was referred to the
			 Committee on Education and
			 Labor

		A BILL
		To amend the Child Care and Development Block Grant Act
		  of 1990 to improve access to high-quality early learning and child care for
		  low-income children and working families, and for other
		  purposes.

		1.Short titleThis Act may be cited as the
			 Starting Early Starting Right
			 Act.
		2.Findings and
			 purposes
			(a)FindingsCongress
			 makes the following findings:
				(1)Children in child
			 care learn and develop skills they need to succeed in school and in life. Child
			 care is also fundamental to helping families get ahead by giving parents the
			 support and peace of mind they need to be productive at work.
				(2)Child care
			 teachers and providers carry the responsibility of providing a safe, nurturing,
			 and stimulating setting for children entrusted to them each day.
				(3)In 2008, the national average wage for a
			 child care worker was $9.79 per hour or $20,350 annually. For full-time,
			 full-year work, this is not much above the 2008 poverty guidelines of $17,600
			 for a mother with two children.
				(4)As a result of low
			 wages and limited benefits, many child care providers do not work for long
			 periods in the child care field. Only 65 percent of those employed in the child
			 care field in 2005 were still working in child care in 2006. Such high turnover
			 rates deny children consistent and stable relationships with their
			 teachers.
				(5)Current
			 reimbursement rates for child care providers receiving Federal funds are
			 insufficient to recruit and retain qualified child care providers and to ensure
			 high-quality early care and education services for children.
				(6)Research shows
			 that high-quality child care helps low-income children enter school ready to
			 succeed. One study found that children who had enrolled in high-quality child
			 care demonstrated greater mathematical ability and thinking and attention
			 skills, and experienced fewer behavior problems than other children in second
			 grade. Effects were particularly strong for low-income children.
				(7)Millions of low-income children could
			 benefit from high-quality child care. In 2008, 11,100,000 children under age 6
			 (44 percent) lived in low-income families (families with incomes below 200
			 percent of poverty).
				(8)Inadequate funding
			 has reduced the number of children with access to child care. Only about 1 in 7
			 eligible children receives Federal child care assistance.
				(9)Many women work in
			 low-wage jobs and cannot cover the cost of child care. For example, two-thirds
			 of working poor families headed by single mothers who paid for child care spent
			 at least 40 percent of their cash income on child care.
				(10)Problems with
			 child care can make it difficult for parents, particularly low-income parents,
			 to work, causing them to lose wages, be denied a promotion, or lose their
			 jobs.
				(11)Research shows
			 that single mothers and former welfare recipients who received child care
			 assistance were much more likely to remain employed after 2 years than those
			 who did not receive child care assistance.
				(12)Quality affordable child care is essential
			 to creating and preserving jobs. First, it maintains and increases employment
			 opportunities for child educators. According to the Bureau of Labor Statistics,
			 3 occupations—preschool teachers, teacher assistants, and child care
			 workers—account for 77 percent of all wage and salary jobs in the United
			 States. Second, child care enables parents to keep and maintain their jobs
			 while ensuring that their children can access educational opportunities. A 2008
			 study showed that, by making it possible for parents to work, the licensed
			 child care sector allows Americans to earn more than $100,000,000,000
			 annually.
				(b)PurposeThe
			 purpose of this Act is to improve—
				(1)access to
			 high-quality early learning and child care for low-income children and working
			 families; and
				(2)the quality of
			 child care and the number of high-quality child care providers.
				3.Amendments to the
			 child care and development block grant act of 1990
			(a)Authorization of
			 appropriationsSection 358B of the Child Care and Development
			 Block Grant Act of 1990 (42 U.S.C. 9858) is amended by striking
			 is and all that follows through 2002, and
			 inserting are authorized to be appropriated to carry out this subchapter
			 $4,127,181,000 for fiscal year 2010 and such sums as may be necessary for each
			 of fiscal years 2011 through 2014.
			(b)Application and
			 PlanSection 658E(c) of the Child Care and Development Block
			 Grant Act of 1990 (42 U.S.C. 9858c(c)) is amended—
				(1)in paragraph
			 (2)—
					(A)in subparagraph
			 (E)—
						(i)redesignating
			 clause (ii) as clause (vi); and
						(ii)by
			 inserting after clause (i), the following:

								(ii)Site
				visitsCertify that the State has in effect licensing
				requirements applicable to all licensed and regulated child care providers
				within the State that include one annual announced and one annual unannounced
				visit to each site at which the provider provides child care services. Nothing
				in the preceding sentence shall be construed to require that licensing
				requirements be applied to specific types of providers of child care
				services.
								(iii)TrainingCertify
				that the State has in effect licensing or registration requirements applicable
				to child care providers within the State that require, within 3 years of the
				date of enactment of the Starting Early Starting Right Act, that every lead
				teacher or aide of the provider, and each family child care provider, in a
				licensed and regulated setting—
									(I)have at least 40
				hours of appropriate health, safety, and child development training prior to
				their employment with or operation as a provider (as determined in accordance
				with guidelines to be issued by the Secretary); and
									(II)have at least 24
				hours of annual training in appropriate health, safety, and child development
				training (as determined in accordance with guidelines to be issued by the
				Secretary).
									(iv)Other
				trainingCertify that the State has a plan to implement, within 3
				years of the date of enactment of the Starting Early Starting Right Act, pre-
				and in-service training requirements applicable to child care providers that
				provide services for which assistance is made available under this
				subchapter.
								(v)Training for
				limited-English-proficient (lep) providersCertify that the State
				has a plan to provide for the training of child care service providers with
				limited-English proficiency to provide high-quality child care
				services.
								;
						(B)in subparagraph
			 (H)—
						(i)by
			 striking Demonstrate the manner and inserting the
			 following:

								(i)In
				generalDemonstrate the
				manner
								;
				and
						(ii)by
			 adding at the end the following:

								(ii)Specific
				needsDemonstrate the manner in which the State will meet the
				specific child care needs of low-income and working families, including—
									(I)the outreach
				strategies to be used to reach hard-to-serve children, including low-income
				children, English language learners, children with special needs, and children
				in rural areas;
									(II)the use of
				contracts with child care centers, family child care homes, and organizations
				that manage and support family child care networks to reach hard-to-serve
				children and underserved communities;
									(III)the use of pilot
				or demonstration projects to increase the supply of high-quality child care in
				underserved communities;
									(IV)the use of pilot
				or demonstration projects that demonstrate effective techniques and approaches
				of specialized training for child care service providers with limited-English
				proficiency to improve their ability to provide high-quality child care
				services; and
									(V)the use of pilot
				or demonstration projects that demonstrate effective techniques and approaches
				of specialized training for child care providers working with children with
				developmental disabilities.
									;
				and
						(C)by adding at the
			 end the following:

							(I)Continuous
				careDemonstrate how the State is implementing practices and
				procedures to help ensure that children receive continuous care from the same
				provider, including through—
								(i)the use of
				contracts with child care centers, family child care homes, and organizations
				that manage and support family child care networks for underserved
				populations;
								(ii)extending periods
				of redetermination for all families to 1 year;
								(iii)extending
				periods of job search eligibility; and
								(iv)informing
				families and providers that eligibility is ending in a timely manner and in
				multiple formats.
								;
				and
					(2)in paragraph
			 (4)—
					(A)by redesignating
			 subparagraph (B) as subparagraph (D); and
					(B)by inserting after
			 subparagraph (A), the following:

							(B)In
				generalThe State plan shall provide information demonstrating
				that the State is ensuring that payment rates for the provision of child care
				services for which assistance is provided under this subchapter are equal to or
				exceed the 75th percentile of the current market rate for all types of child
				care, based on a research-based market rate survey that includes variations for
				geography, age of children, and provider type.
							(C)Child care for
				underserved populationsThe State plan shall describe efforts to
				address the need for child care for special populations, including care in
				low-income and rural areas, care for infants and toddlers, care for children
				with special needs, care for other populations, and care during nonstandard
				hours, such as paying rates for the provision of child care services for which
				assistance is provided under this subchapter that exceed the 75th percentile of
				a current market rate for all types of care (based on the survey under
				subparagraph
				(B).
							.
					(c)Activities To
			 Improve the Quality of Child CareSection 658G of the Child Care
			 and Development Block Grant Act of 1990 (42 U.S.C. 9858e) is amended to read as
			 follows:

					658G.Activities to
				improve the quality of child care
						(a)DefinitionFor
				the purposes of this section, the term Quality Rating and Improvement
				System means a system with no less than 3 levels for benchmarking
				quality, designated and implemented in collaboration with community and
				statewide partners, for rating and improving licensed or regulated child care
				and other early childhood education programs and providers (including
				after-school programs and providers), for providing families with better
				information about the quality of child care and early education programs and
				providers, for improving the quality of early care and education (including
				after-school programs) throughout the State, and for providing financial and
				other incentives, assistance, and rewards to programs and providers to meet and
				sustain higher levels of quality.
						(b)In
				GeneralA State that receives funding to carry out this
				subchapter for a fiscal year, shall use not less than 15 percent of the amount
				of such funds for activities that are designed to improve the quality of child
				care, including the implementation of 2 or more of the following:
							(1)Developing and
				implementing a Quality Rating and Improvement System (referred to in this
				section as the QRIS) for child care centers and family child
				care homes, including criteria appropriate for each age group eligible for
				assistance under this Act with levels that lead to nationally recognized high
				standards.
							(2)Providing
				assistance for education, training, and compensation initiatives to assist
				child care providers in meeting and maintaining the criteria for achieving
				progressively higher rating levels under the QRIS.
							(3)Providing grants
				and other types of assistance, including mentoring, to assist child care
				providers in meeting and maintaining the criteria for achieving progressively
				higher rating levels under the QRIS.
							(4)Maintaining a
				statewide network of child care resource and referral programs.
							(5)Inspecting and
				monitoring child care programs.
							(6)Providing grants
				to assist child care providers, including those who are
				limited-English-proficient, in becoming licensed or regulated and in meeting
				pre-service and ongoing training requirements.
							(7)Offering other
				assistance to child care providers to strengthen the quality of child care,
				including support for education and training initiatives tied to
				compensation.
							(8)Providing grants
				to assist child care providers who are not required to be licensed or
				registered in receiving appropriate training and support.
							(9)Developing and
				implementing technological resources to assist low-income families in applying
				for child care assistance as well as to educate families concerning the range
				of and quality ratings of various child care providers.
							(c)Extension for
				Full-Day CareA State that receives funding to carry out this
				subchapter for a fiscal year, shall use not less than 5 percent of the amount
				of such funds for activities that are designed to fund activities to extend the
				day or year for those children who are eligible for child care services and
				attend part-day or year programs.
						(d)High-Quality
				Care for Infants and ToddlersA State that receives funding to
				carry out this subchapter for a fiscal year, shall use not less than 30 percent
				of the amount of such funds for activities that are designed to fund
				initiatives to improve the quality and expand the availability of high-quality
				care for infants and
				toddlers.
						.
			(d)Reporting
			 RequirementsSection 658K(a) of the Child Care and Development
			 Block Grant Act of 1990 (42 U.S.C. 9858i(a)) is amended by adding at the end
			 the following:

					(3)Bi-annual
				reportsNot later than December 31, 2009, and every 2 years
				thereafter, a State that operates a Quality Rating and Improvement System
				(referred to in this section as the QRIS) shall prepare and
				submit to the Secretary a report that includes aggregate data
				concerning—
						(A)the number of
				licensed center and family child care providers in the State;
						(B)the number of
				child care providers in each level of the State QRIS, listed by type, race and
				ethnicity, geographic area of the State, and number of children that each such
				provider is licensed to serve;
						(C)the disaggregated
				number and percentages of children receiving child care assistance under this
				subchapter in each level of the State QRIS;
						(D)whether any change
				occurred in the number and percentage of child care providers in each level of
				the State QRIS, listed by type, geographic area of the State, and number of
				children each such provider is licensed to serve;
						(E)the disaggregated
				number and percentage of children receiving child care assistance under this
				subchapter who are receiving care from child care providers in a higher-quality
				level (as determined under the State QRIS) as compared to the previous 12-month
				period;
						(F)the disaggregated
				number of child care providers in low-income communities who have moved up to a
				higher-quality level of child care (as determined under the State QRIS) as
				compared to the previous 12-month period; and
						(G)the average child
				care reimbursement rate under this subchapter at each level of the State QRIS,
				listed by provider type, race and ethnicity, and geographic area of the
				State.
						(4)5-year
				reportNot later than December 31, 2013, and every 5 years
				thereafter, a State described in paragraph (1)(A) shall prepare and submit to
				the Secretary a report that includes aggregate data concerning the average
				individual compensation paid for each of the following in all licensed child
				care programs, disaggregated by race, ethnicity, credentials, and program type
				in the State:
						(A)Lead
				teacher.
						(B)Classroom
				assistant or aide.
						(C)Family child care
				provider.
						(D)Family child care
				assistant.
						.


116 S1207 RS: Navajo Utah Water Rights Settlement Act of 2019
U.S. Senate
2019-04-11
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. 182116th CONGRESS1st SessionS. 1207[Report No. 116–79]IN THE SENATE OF THE UNITED STATESApril 11, 2019Mr. Romney (for himself, Ms. Sinema, Ms. McSally, and Ms. Warren) introduced the following bill; which was read twice and referred to the Committee on Indian AffairsSeptember 9, 2019Reported by Mr. Hoeven, without amendmentA 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 2019. 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 titleNothing 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.September 9, 2019Reported without amendment


110 HR 1275 IH: American Dream

U.S. House of Representatives
2007-03-01
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
		110th CONGRESS
		1st Session
		H. R. 1275
		IN THE HOUSE OF REPRESENTATIVES

			March 1, 2007
			Mr. Berman (for
			 himself, Mr. Lincoln Diaz-Balart of
			 Florida, Ms.
			 Roybal-Allard, and Ms.
			 Ros-Lehtinen) introduced the following bill; which was referred to
			 the Committee on the
			 Judiciary, and in addition to the Committee on
			 Education and Labor, for
			 a period to be subsequently determined by the Speaker, in each case for
			 consideration of such provisions as fall within the jurisdiction of the
			 committee concerned

		A BILL
		To amend the Illegal Immigration Reform and Immigrant
		  Responsibility Act of 1996 to permit States to determine State residency for
		  higher education purposes and to authorize the cancellation of removal and
		  adjustment of status of certain alien students who are long-term United States
		  residents and who entered the United States as children, and for other
		  purposes.

		1.Short titleThis Act may be cited as the
			 American Dream
			 Act.
		2.DefinitionsIn this Act:
			(1)Institution of
			 higher educationThe term institution of higher
			 education has the meaning given that term in section 101 of the Higher
			 Education Act of 1965 (20 U.S.C. 1001).
			(2)Uniformed
			 servicesThe term uniformed services has the
			 meaning given that term in section 101(a) of title 10, United States
			 Code.
			3.Restoration of
			 State option to determine residency for purposes of higher education
			 benefits
			(a)In
			 generalSection 505 of the Illegal Immigration Reform and
			 Immigrant Responsibility Act of 1996 (8 U.S.C. 1623) is repealed.
			(b)Effective
			 dateThe repeal under subsection (a) shall take effect as if
			 included in the enactment of the Illegal Immigration Reform and Immigrant
			 Responsibility Act of 1996.
			4.Cancellation of
			 removal and adjustment of status of certain long-term residents who entered the
			 United States as children
			(a)Special rule for
			 certain long-term residents who entered the United States as children
				(1)In
			 generalNotwithstanding any other provision of law and except as
			 otherwise provided in this Act, the Secretary of Homeland Security may cancel
			 removal of, and adjust to the status of an alien lawfully admitted for
			 permanent residence, subject to the conditional basis described in section 5,
			 an alien who is inadmissible or deportable from the United States, if the alien
			 demonstrates that—
					(A)the alien has been
			 physically present in the United States for a continuous period of not less
			 than 5 years immediately preceding the date of enactment of this Act, and had
			 not yet reached the age of 16 years at the time of initial entry;
					(B)the alien has been
			 a person of good moral character since the time of application;
					(C)the alien—
						(i)is
			 not inadmissible under paragraph (2), (3), or (6)(E) of section 212(a) of the
			 Immigration and Nationality Act (8 U.S.C. 1182(a)); and
						(ii)is
			 not deportable under paragraph (1)(E), (2), or (4) of section 237(a) of the
			 Immigration and Nationality Act (8 U.S.C. 1227(a)); and
						(D)the alien, at the
			 time of application, has been admitted to an institution of higher education in
			 the United States, or has earned a high school diploma or obtained a general
			 education development certificate in the United States.
					(2)WaiverNotwithstanding
			 paragraph (1), the Secretary of Homeland Security may waive the grounds of
			 ineligibility under section 212(a)(2) of the Immigration and Nationality Act,
			 and the grounds of deportability under paragraphs (1)(E) and (2) of section
			 237(a) of such Act, if the Secretary determines that the alien’s removal would
			 result in extreme hardship to the alien, the alien’s child, or (in the case of
			 an alien who is a child) to the alien’s parent.
				(3)ProceduresThe
			 Secretary of Homeland Security shall provide a procedure by regulation allowing
			 eligible individuals to apply affirmatively for the relief available under this
			 subsection without being placed in removal proceedings.
				(b)Termination of
			 continuous periodFor purposes of this section, any period of
			 continuous residence or continuous physical presence in the United States of an
			 alien who applies for cancellation of removal under this section shall not
			 terminate when the alien is served a notice to appear under section 239(a) of
			 the Immigration and Nationality Act (8 U.S.C. 1229(a)).
			(c)Treatment of
			 certain breaks in presence
				(1)In
			 generalAn alien shall not be considered to have failed to
			 maintain continuous physical presence in the United States for purposes of
			 subsection (a)(1)(A) by virtue of brief, casual, and innocent absences from the
			 United States.
				(2)WaiverThe
			 Secretary of Homeland Security may waive breaks in presence beyond brief,
			 casual, or innocent absences for humanitarian purposes, family unity, or when
			 it is otherwise in the public interest.
				(d)Exemption from
			 numerical limitationsNothing in this section may be construed to
			 apply a numerical limitation on the number of aliens who may be eligible for
			 cancellation of removal or adjustment of status under this section.
			(e)Regulations
				(1)Proposed
			 regulationsNot later than 180 days after the date of the
			 enactment of this Act, the Secretary of Homeland Security shall publish
			 proposed regulations implementing this section. Such regulations shall be
			 effective immediately on an interim basis, but are subject to change and
			 revision after public notice and opportunity for a period for public
			 comment.
				(2)Interim, final
			 regulationsNot later than 90 days after publication of the
			 interim regulations in accordance with paragraph (1), the Secretary of Homeland
			 Security shall publish final regulations implementing this section.
				(f)Removal of
			 AlienThe Secretary of Homeland Security may not remove any alien
			 who has a pending application for conditional status under this Act.
			5.Conditional
			 permanent resident status
			(a)In
			 general
				(1)Conditional
			 basis for statusNotwithstanding any other provision of law, and
			 except as provided in section 6, an alien whose status has been adjusted under
			 section 4 to that of an alien lawfully admitted for permanent residence shall
			 be considered to have obtained such status on a conditional basis subject to
			 the provisions of this section. Such conditional permanent resident status
			 shall be valid for a period of 6 years, subject to termination under subsection
			 (b).
				(2)Notice of
			 requirements
					(A)At time of
			 obtaining permanent residenceAt the time an alien obtains
			 permanent resident status on a conditional basis under paragraph (1), the
			 Secretary of Homeland Security shall provide for notice to the alien regarding
			 the provisions of this section and the requirements of subsection (c) to have
			 the conditional basis of such status removed.
					(B)Effect of failure
			 to provide noticeThe failure of the Secretary of Homeland
			 Security to provide a notice under this paragraph—
						(i)shall not affect
			 the enforcement of the provisions of this Act with respect to the alien;
			 and
						(ii)shall not give
			 rise to any private right of action by the alien.
						(b)Termination of
			 status
				(1)In
			 generalThe Secretary of Homeland Security shall terminate the
			 conditional permanent resident status of any alien who obtained such status
			 under this Act, if the Secretary determines that the alien—
					(A)ceases to meet the
			 requirements of subparagraph (B) or (C) of section 4(a)(1);
					(B)has become a
			 public charge; or
					(C)has received a
			 dishonorable or other than honorable discharge from the uniformed
			 services.
					(2)Return to
			 previous immigration statusAny alien whose conditional permanent
			 resident status is terminated under paragraph (1) shall return to the
			 immigration status the alien had immediately prior to receiving conditional
			 permanent resident status under this Act.
				(c)Requirements of
			 timely petition for removal of condition
				(1)In
			 generalIn order for the conditional basis of permanent resident
			 status obtained by an alien under subsection (a) to be removed, the alien must
			 file with the Secretary of Homeland Security, in accordance with paragraph (3),
			 a petition which requests the removal of such conditional basis and which
			 provides, under penalty of perjury, the facts and information so that the
			 Secretary may make the determination described in paragraph (2)(A).
				(2)Adjudication of
			 petition to remove condition
					(A)In
			 generalIf a petition is filed in accordance with paragraph (1)
			 for an alien, the Secretary of Homeland Security shall make a determination as
			 to whether the alien meets the requirements set out in subparagraphs (A)
			 through (E) of subsection (d)(1).
					(B)Removal of
			 conditional basis if favorable determinationIf the Secretary
			 determines that the alien meets such requirements, the Secretary shall notify
			 the alien of such determination and immediately remove the conditional basis of
			 the status of the alien.
					(C)Termination if
			 adverse determinationIf the Secretary determines that the alien
			 does not meet such requirements, the Secretary shall notify the alien of such
			 determination and terminate the conditional permanent resident status of the
			 alien as of the date of the determination.
					(3)Time to file
			 petitionAn alien may petition to remove the conditional basis to
			 lawful resident status during the period beginning 180 days before and ending 2
			 years after either the date that is 6 years after the date of the granting of
			 conditional permanent resident status or any other expiration date of the
			 conditional permanent resident status as extended by the Secretary of Homeland
			 Security in accordance with this Act. The alien shall be deemed in conditional
			 permanent resident status in the United States during the period in which the
			 petition is pending.
				(d)Details of
			 petition
				(1)Contents of
			 petitionEach petition for an alien under subsection (c)(1) shall
			 contain information to permit the Secretary of Homeland Security to determine
			 whether each of the following requirements is met:
					(A)The alien has
			 demonstrated good moral character during the entire period the alien has been a
			 conditional permanent resident.
					(B)The alien is in
			 compliance with section 4(a)(1)(C).
					(C)The alien has not
			 abandoned the alien’s residence in the United States. The Secretary shall
			 presume that the alien has abandoned such residence if the alien is absent from
			 the United States for more than 365 days, in the aggregate, during the period
			 of conditional residence, unless the alien demonstrates that alien has not
			 abandoned the alien’s residence. An alien who is absent from the United States
			 due to active service in the uniformed services shall not be considered to have
			 abandoned the alien’s residence in the United States during the period of such
			 service.
					(D)The alien has
			 completed at least 1 of the following:
						(i)The
			 alien has acquired a degree from an institution of higher education in the
			 United States or has completed at least 2 years, in good standing, in a program
			 for a bachelor’s degree or higher degree in the United States.
						(ii)The
			 alien has served in the uniformed services for at least 2 years and, if
			 discharged, has received an honorable discharge.
						(E)The alien has
			 provided a list of all of the secondary educational institutions that the alien
			 attended in the United States.
					(2)Hardship
			 exception
					(A)In
			 generalThe Secretary of Homeland Security may, in the
			 Secretary’s discretion, remove the conditional status of an alien if the
			 alien—
						(i)satisfies the
			 requirements of subparagraphs (A), (B), and (C) of paragraph (1);
						(ii)demonstrates
			 compelling circumstances for the inability to complete the requirements
			 described in paragraph (1)(D); and
						(iii)demonstrates that
			 the alien’s removal from the United States would result in exceptional and
			 extremely unusual hardship to the alien or the alien’s spouse, parent, or child
			 who is a citizen or a lawful permanent resident of the United States.
						(B)ExtensionUpon
			 a showing of good cause, the Secretary of Homeland Security may extend the
			 period of the conditional resident status for the purpose of completing the
			 requirements described in paragraph (1)(D).
					(e)Treatment of
			 period for purposes of naturalizationExcept as otherwise
			 provided under this Act, an alien who is in the United States as a lawful
			 permanent resident on a conditional basis under this section shall be
			 considered to have been admitted as an alien lawfully admitted for permanent
			 residence and to be in the United States as an alien lawfully admitted to the
			 United States for permanent residence. However, the conditional basis must be
			 removed before the alien may apply for naturalization.
			6.ApplicabilityIf, on the date of the enactment of this
			 Act, an alien has satisfied all the requirements of subparagraphs (A) through
			 (D) of section 4(a)(1) and section 5(d)(1)(D), the Secretary of Homeland
			 Security may adjust the status of the alien to that of a conditional resident
			 in accordance with section 4. The alien may petition for removal of such
			 condition at the end of the conditional residence period in accordance with
			 section 5(c) if the alien has met the requirements of subparagraphs (A), (B),
			 and (C) of section 5(d)(1) during the entire period of conditional
			 residence.
		7.Exclusive
			 jurisdiction
			(a)In
			 generalThe Secretary of Homeland Security shall have exclusive
			 jurisdiction to determine eligibility for relief under this Act, except where
			 the alien has been placed into deportation, exclusion, or removal proceedings
			 either prior to or after filing an application for relief under this Act, in
			 which case the Attorney General shall have exclusive jurisdiction and shall
			 assume all the powers and duties of the Secretary until proceedings are
			 terminated, or if a final order of deportation, exclusion, or removal is
			 entered the Secretary shall resume all powers and duties delegated to the
			 Secretary under this Act.
			(b)Stay of removal
			 of certain aliens enrolled in primary or secondary schoolThe
			 Attorney General shall stay the removal proceedings of any alien who—
				(1)meets all the
			 requirements of subparagraphs (A), (B), (C), and (E) of section 4(a)(1);
				(2)is
			 at least 12 years of age; and
				(3)is enrolled full
			 time in a primary or secondary school.
				(c)EmploymentAn
			 alien whose removal is stayed pursuant to subsection (b) may be engaged in
			 employment in the United States, consistent with the Fair Labor Standards Act
			 of 1938 (29 U.S.C. 201 et seq.), and State and local laws governing minimum age
			 for employment.
			(d)Lift of
			 StayThe Attorney General shall lift the stay granted pursuant to
			 subsection (b) if the alien—
				(1)is no longer
			 enrolled in a primary or secondary school; or
				(2)ceases to meet the
			 requirements of subsection (b)(1).
				8.Confidentiality
			 of information
			(a)ProhibitionNo
			 officer or employee of the United States may—
				(1)use the
			 information furnished by the applicant pursuant to an application filed under
			 this Act to initiate removal proceedings against any persons identified in the
			 application;
				(2)make any
			 publication whereby the information furnished by any particular individual
			 pursuant to an application under this Act can be identified; or
				(3)permit anyone
			 other than an officer or employee of the United States Government or, in the
			 case of applications filed under this Act with a designated entity, that
			 designated entity, to examine applications filed under this Act.
				(b)Required
			 DisclosureThe Attorney General or the Secretary of Homeland
			 Security shall provide the information furnished under this section, and any
			 other information derived from such furnished information, to—
				(1)a
			 duly recognized law enforcement entity in connection with an investigation or
			 prosecution of an offense described in paragraph (2) or (3) of section 212(a)
			 of the Immigration and Nationality Act (8 U.S.C. 1182(a)), when such
			 information is requested in writing by such entity; or
				(2)an official
			 coroner for purposes of affirmatively identifying a deceased individual
			 (whether or not such individual is deceased as a result of a crime).
				(c)PenaltyWhoever
			 knowingly uses, publishes, or permits information to be examined in violation
			 of this section shall be fined not more than $10,000.
			9.Expedited
			 processing of applications; prohibition on feesRegulations promulgated under this Act shall
			 provide that applications under this Act will be considered on an expedited
			 basis and without a requirement for the payment by the applicant of any
			 additional fee for such expedited processing.
		10.Higher education
			 assistanceNotwithstanding any
			 provision of the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) or any
			 provision of Title IV of the Personal Responsibility and Work Opportunity
			 Reconciliation Act of 1996 (8 U.S.C. 1601 et seq.), with respect to Federal
			 financial education assistance, an alien who is lawfully admitted for permanent
			 residence under this Act and has not had the conditional basis removed shall
			 not be eligible for—
			(1)Federal Pell grants
			 under part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070a
			 et seq.); and
			(2)Federal
			 supplemental educational opportunity grants under part A of title IV of that
			 Act (20 U.S.C. 1070b et seq.).
			11.GAO
			 reportNot later than 7 years
			 after the date of enactment of this Act, the Comptroller General of the United
			 States shall submit a report to the Committees on the Judiciary of the Senate
			 and the House of Representatives setting forth—
			(1)the number of
			 aliens who were eligible for cancellation of removal and adjustment of status
			 under section 4(a);
			(2)the number of
			 aliens who applied for adjustment of status under section 4(a);
			(3)the number of
			 aliens who were granted adjustment of status under section 4(a); and
			(4)the number of
			 aliens whose conditional permanent resident status was removed under section
			 5.


117 S966 IS: Climate Change Education Act
U.S. Senate
2021-03-25
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.

II117th CONGRESS1st SessionS. 966IN THE SENATE OF THE UNITED STATESMarch 25, 2021Mr. Markey (for himself, Mr. Blumenthal, Mr. Booker, Mr. Cardin, Mr. Durbin, Mrs. Feinstein, Mrs. Gillibrand, Mr. Heinrich, Ms. Hirono, Mr. King, Ms. Klobuchar, Mr. Leahy, Mr. Merkley, Mr. Murphy, Ms. Rosen, Mr. Sanders, Ms. Smith, Ms. Stabenow, Mr. Van Hollen, Ms. Warren, and Mr. Wyden) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and TransportationA BILLTo require the Administrator of the National Oceanic and Atmospheric Administration to establish a Climate Change Education Program, and for other purposes. 1.Short titleThis Act may be cited as the Climate Change Education Act.2.FindingsCongress makes the following findings:(1)The evidence for human-induced climate change is overwhelming and undeniable.(2)Atmospheric carbon can be significantly reduced through conservation, by shifting to renewable energy sources such as solar, wind, tidal, and geothermal, and by increasing the efficiency of buildings, including domiciles, and transportation.(3)Providing clear information about climate change, in a variety of forms, can remove the fear and the sense of helplessness, and encourage individuals and communities to take action.(4)Implementation of measures that promote energy efficiency, conservation, and renewable energy will greatly reduce human impact on the environment.(5)Informing people of new technologies and programs as they become available will ensure maximum understanding and maximum effect of those measures.(6)More than 3,000,000 students graduate from high schools and colleges in the United States each year, armed with attitudes, skills, and knowledge about the climate that inform their actions.(7)The effect on the climate, positive or negative, of each of those 3,000,000 students lasts beyond a lifetime.(8)Those students need to be prepared to implement changes in professional and personal practices, to support and help develop new technology and policy, and to address the coming social and economic challenges and opportunities arising from a changing climate.(9)It has been demonstrated that the people of the United States overwhelmingly support teaching students about the causes, consequences, and potential solutions to climate change in all 50 States and more than 3,000 counties across the United States.(10)Only 30 percent of middle school and 45 percent of high school science teachers understand the extent of the scientific consensus on climate change. 3.DefinitionsIn this Act:(1)Climate change educationThe term climate change education means nonformal and formal interdisciplinary learning at all age levels about—(A)climate change, climate adaptation and mitigation, climate resilience, and climate justice; and(B)the effects of climate change, climate adaptation and mitigation, climate resilience, and climate justice on the environmental, energy, social, and economic systems of the United States.(2)Climate literacyThe term climate literacy means competence or knowledge of climate change, its causes and impacts, and the technical, scientific, economic, and social dynamics of promising solutions.(3)Climate justiceThe term climate justice means the fair treatment and meaningful involvement of all people, regardless of race, color, culture, national origin, or income, with respect to the development, implementation, and enforcement of policies and projects to ensure that each person enjoys the same degree of protection from the adverse effects of climate change.(4)Environmental justiceThe term environmental justice means the fair treatment and meaningful involvement of all people, regardless of race, color, culture, national origin, or income, with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies to ensure that each person enjoys—(A)the same degree of protection from environmental and health hazards; and(B)equal access to any Federal agency action on environmental justice issues in order to have a healthy environment in which to live, learn, work, and recreate.(5)Environmental justice communityThe term environmental justice community means a community with significant representation of communities of color, low-income communities, or Tribal and indigenous communities that experiences, or is at risk of experiencing, higher or more adverse human health or environmental effects as compared to other communities.(6)Green economyThe term green economy means an economy that results in improved human and economic well-being and social equity by significantly reducing environmental risks and ecological scarcities.(7)Institution of higher educationThe term institution of higher education has the meaning given the term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).(8)Local educational agency; State educational agencyThe terms local educational agency and State educational agency have the meanings given those terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).(9)NonformalThe term nonformal means, with respect to learning, out-of-school educational programming carried out by nonprofit organizations and public agencies. (10)Nonprofit organizationThe term nonprofit organization means an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under 501(a) of that Code.4.Climate Change Education ProgramThe Administrator of the National Oceanic and Atmospheric Administration shall establish a Climate Change Education Program to—(1)increase the climate literacy of the United States by broadening the understanding of climate change, including possible long-term and short-term consequences, disproportionate impacts of those consequences, and potential solutions;(2)apply the latest scientific and technological discoveries, including through the use of the scientific assets of the Administration, to provide formal and nonformal learning opportunities to individuals of all ages, including individuals of diverse cultural and linguistic backgrounds; and(3)emphasize actionable information to help people understand and promote implementation of new technologies, programs, and incentives related to climate change, climate adaptation and mitigation, climate resilience, climate justice, and environmental justice.5.Grant program(a)In generalAs part of the Climate Change Education Program established under section 4, the Administrator of the National Oceanic and Atmospheric Administration shall establish a program to make grants to the following: (1)State educational agencies, in partnership with local educational agencies and local nonprofit organizations, for the implementation of aspects of State climate literacy plans for grades 4 through 12 formal and informal climate change education that— (A)are aligned with State education standards; (B)ensure that students graduate from high school with climate literacy; and(C)include at least 1 of the following: (i)Relevant teacher training and professional development.(ii)Integration of key climate change concepts into State education standards for science, technology, engineering, and mathematics (STEM), civics and social studies, and other relevant subject areas during the next revision of such standards.(iii)Development of climate change education educational frameworks and model curricula and curation and dissemination of existing climate change curriculum materials.(iv)Creation of applied learning project-based models, such as models making optimum use of green features improvements to school facilities, such as energy systems, lighting systems, water management, waste management, and school grounds improvements. (v)Incorporation of climate change mitigation and green technologies into new and existing career and technical education career tracks and work-based learning experiences, including development of partnerships with labor organizations, trade organizations, and apprenticeship programs. (2)Institutions of higher education and networks or partnerships of such institutions to engage teams of faculty and students to develop applied climate research and deliver to local communities direct services related to local climate mitigation and adaptation issues, with priority given to projects that— (A)foster long-term campus-community partnerships; (B)show potential to scale work beyond the grant term; (C)are inclusive for all segments of the population; and(D)promote equitable and just outcomes.(3)Professional associations and academic disciplinary societies for projects that build capacity at the State and national levels for continuing education by practicing professionals and the general public in green economy fields.(4)Youth corps organizations to engage in community-based climate mitigation and adaptation work that includes a substantive educational component.(b)Climate Change Education Office(1)In generalThere shall be, within the Office of Education of the National Oceanic and Atmospheric Administration, an Office of Climate Change Education to administer the grant program required by subsection (a). (2)ConsultationThe Office of Climate Change Education shall annually consult with other relevant agencies of the Federal Government to determine ways in which grant making under subsection (a) can enhance and support other national climate education and training and environmental justice goals. (3)Environmental justice communitiesThe Office of Climate Change Education shall ensure that 40 percent of all funds appropriated for grants under paragraphs (2) and (4) of subsection (a) are directed into environmental justice communities. (4)Communities of practiceThe Office of Climate Change Education shall establish communities of practice with respect to each of paragraphs (1) through (4) of subsection (a) in order to accelerate learning.6.ReportNot later than 2 years after the date of the enactment of this Act, and annually thereafter, the Administrator of the National Oceanic and Atmospheric Administration shall submit to Congress a report that evaluates the scientific merits, educational effectiveness, and broader effects of activities carried out under this Act.7.Authorization of appropriations(a)In generalThere is authorized to be appropriated to the National Oceanic and Atmospheric Administration to carry out this Act $50,000,000 for each of fiscal years 2021 through 2026. (b)Allocation of amounts for grant program(1)In generalAmounts appropriated to carry out the grant program required by section 5(a) shall be allocated as follows:(A)50 percent for grants made under paragraph (1) of such section.(B)30 percent for grants made under paragraph (2) of such section.(C)10 percent for grants made under paragraph (3) of such section.(D)10 percent for grants made under paragraph (4) of such section. (2)ExceptionIf amounts appropriated to carry out the grant program required by section 5(a) do not exceed $5,000,000 in any fiscal year, the National Oceanic and Atmospheric Administration may use in that fiscal year— (A)60 percent of such amounts for grants made under paragraph (1) of such section; and (B)40 percent of such amounts for grants made under paragraph (2) of such section.