114 HR 3605 IH: Protect Family Values at the Border Act
U.S. House of Representatives
2015-09-24
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
		114th CONGRESS
		1st Session
		H. R. 3605
		IN THE HOUSE OF REPRESENTATIVES

			September 24, 2015
			Ms. Roybal-Allard introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Homeland Security, 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 establish humane practices for the repatriation of aliens at the border, establish effective
			 standards for the treatment of certain aliens in the custody of the
			 Department of Homeland Security, and for other purposes.

 1.Short titleThis Act may be cited as the Protect Family Values at the Border Act. 2.Protection of family values in apprehension programs (a)Procedures for migration deterrence programs at the borderIn any migration deterrence program carried out at a border, the Secretary and any cooperating entity shall for each apprehended individual—
 (1)as soon as practicable after such individual is apprehended— (A)inquire through a standardized procedure that shall be established by the Secretary not later than 90 days after the date of the enactment of this Act, as to whether such apprehended individual is—
 (i)a parent, legal guardian, or primary caregiver of a child; or (ii)traveling with a spouse, child, or sibling; and
 (B)ascertain whether repatriation of such apprehended individual presents any humanitarian concern or concern related to such apprehended individual’s physical safety; and
 (2)ensure that, with respect to a decision related to the repatriation or referral for prosecution of such apprehended individual, due consideration is given to—
 (A)the best interests of such apprehended individual’s child; (B)family unity whenever possible; and
 (C)other public interest factors, including humanitarian concerns and concerns related to such apprehended individual’s physical safety.
 (b)Mandatory trainingThe Secretary, in consultation with the Secretary of Health and Human Services, the Attorney General, the Secretary of State, and independent immigration, child welfare, family law, and human rights law experts, shall—
 (1)develop and provide specialized training for all personnel of U.S. Customs and Border Protection and cooperating entities who come into contact with apprehended individuals regarding legal authorities, policies, and procedures relevant to the preservation of a child’s best interest, family unity, and other public interest factors, including factors described in subsection (a); and
 (2)require border enforcement personnel to undertake periodic and continuing training on best practices and changes in relevant legal authorities, policies, and procedures referred to in paragraph (1).
				(c)Annual report on the impact of migration deterrence programs at the border
 (1)In generalNot later than one year after the date of the enactment of this Act and annually thereafter, the Secretary shall submit to Congress a report that describes the impact of migration deterrence programs on parents, legal guardians, primary caregivers of a child, individuals traveling with a spouse, child, or sibling, and individuals who present humanitarian considerations or concerns related to such individual’s physical safety.
 (2)ContentsEach report required under paragraph (1) shall include for the previous year period an assessment of—
 (A)the number of apprehended individuals removed, repatriated, or referred for prosecution who are the parent, legal guardian, or primary caregiver of a child who is a citizen of the United States;
 (B)the number of occasions in which both parents, or the primary caretaker of such a child was removed, repatriated, or referred for prosecution as part of a migration deterrence program;
 (C)the number of apprehended individuals traveling with a spouse, parent, grandparent, sibling, or child who are removed, repatriated, or referred for prosecution; and
 (D)the impact of migration deterrence programs on public interest factors, including humanitarian concerns and physical safety.
 (d)RegulationsNot later than 120 days after the date of the enactment of this Act, the Secretary shall promulgate regulations to implement this section.
			3.Limiting dangerous deportation practices
			(a)Certification required
 (1)In generalNot later than one year after the date of the enactment of this Act and every 180 days thereafter, the Secretary, except as provided in paragraph (2), shall submit to Congress written certification that the Department has deported or otherwise removed for a violation of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) an apprehended individual from the United States through an entry or exit point on the southern border only during daylight hours.
 (2)ExceptionThe certification required under paragraph (1) shall not apply to the deportation or removal of an apprehended individual otherwise described in such paragraph if—
 (A)the manner of such deportation or removal is justified by a compelling governmental interest; and (B)such apprehended individual is not a child and such apprehended individual agrees to be deported or removed in such manner after being notified of the intended manner of deportation or removal.
 (b)ConsultationThe Secretary shall consult with the Secretary of State and with local service providers at ports of entry, including shelters, hospitals, and centers for deported women and children, when negotiating or renegotiating agreements with the Government of Mexico and State and local entities governing arrangements for the deportation or removal of apprehended individuals to determine appropriate hours, subject to subsection (a), for conducting deportations and removals, and identifying safety concerns at deportation and removal sites.
			4.Short-term custody standards
 (a)In generalNot later than 180 days after the date of the enactment of this Act, the Secretary, in consultation with the head of the Office of Civil Rights and Civil Liberties of the Department, shall promulgate regulations establishing short-term custody standards providing for basic minimums of care at all U.S. Customs and Border Protection (CBP) facilities holding individuals in CBP custody, including—
 (1)Border Patrol stations; (2)ports of entry;
 (3)checkpoints; (4)forward operating bases;
 (5)secondary inspection areas; and (6)short-term custody facilities.
 (b)RequirementsThe regulations promulgated in accordance with subsection (a) shall ensure that detention space capacity will not be exceeded except in emergency circumstances, and that all individuals in CBP custody receive—
 (1)potable water and a snack, and, if detained for more than five hours, a nutritious meal with regular nutritious meals (at least one of which daily must be heated), and snacks, thereafter;
 (2)medically appropriate meals or snacks if such individuals are pregnant or have medical needs; (3)access to bathroom facilities, as well as basic toiletries and hygiene items, including soap, a toothbrush, toilet paper, and other items appropriate for the age and gender identification of such individuals, such as diapers and feminine hygiene products;
 (4)a cot, clean linens, and blankets, if detained for more than five hours; (5)adequate lighting and climate control that achieves a reasonable indoor temperature;
 (6)a physical and mental health screening conducted promptly upon arrival in a manner that complies with the requirements for such screenings specified in the currently applicable National Commission for Correctional Health Care Jails Standards, as well as information about the availability of, and access to, health care services that is communicated in a form and language such individuals are known to understand;
 (7)immediate physical and mental health needs addressed by a qualified health care professional as soon as possible;
 (8)prompt notice of the ability to make one telephone call at any time after arrest, telephone access to make such call, and the phone numbers to file a complaint with the Office of the Inspector General of the Department and the Office for Civil Rights and Civil Liberties of the Department;
 (9)to the extent practicable, a reasonable accommodation to respect such individuals’ religious practices;
 (10)all protections under the Prison Rape Elimination Act of 2003 (42 U.S.C. 15601 et seq.; Public Law 108–79), except that certain protections shall not apply at a particular CBP facility if the Commissioner of CBP determines that implementation at that particular facility of such a protection would be impracticable;
 (11)safe transport, including prevention of sexual assault during transfer, including in subcontracted transportation services, while such individuals are transported from a CBP facility; and
 (12)an administrative exit interview, upon release from CPB custody and after individuals have an opportunity to receive and review their belongings, with translations as necessary, which contains the questions described in subsection (c), or substantially similar questions.
 (c)Exit interview questionsThe questions described in this section are as follows: (1)Have all belongings, including money and identification been returned to you?
 (2)Were you apprehended with family members? If so, have you received information about where your family member is and how and when you may be reunited?
 (3)Have you received information about how to file a complaint? (4)Do you wish to file a complaint now about your treatment or conditions while in CPB custody?
 (d)Further provisionsThe Commissioner of CBP shall ensure that all individuals in CBP custody— (1)have regular access to consular officials and Government-funded legal service providers through confidential in-person visits or telephonic communications;
 (2)receive copies of all signed documents; and (3)are transferred to an appropriate U.S. Immigration and Customs Enforcement or Department of Health and Human Services Office of Refugee Resettlement facility or are released from short-term custody within 72 hours of apprehension.
 (e)Surveillance of certain individuals in CBP custodyThe Commissioner of CBP shall ensure constant surveillance of an individual in CBP custody who exhibits signs of hostility, depression, or similar behaviors, or who is reasonably known to pose an elevated suicide risk.
 (f)Physical and mental health assessmentThe Commissioner of CBP shall ensure that individuals in CBP custody for more than 24 hours, receive, in addition to the physical and mental health screening specified in subsection (b)(6), a physical and mental health assessment by a qualified healthcare professional. To the extent practicable, such individuals with known or readily apparent disabilities, including temporary disabilities, shall be housed in a manner that accommodates their mental or physical condition, or both, and provides for the safety, comfort, and security of such individuals.
 (g)Return of certain belongingsAny lawful, nonperishable belongings of an individual in CBP custody that are confiscated by personnel operating under Federal authority shall be returned to such individual prior to the deportation or removal of such individual.
 (h)Inspection of short-Term custody facilitiesShort-term custody facilities shall be inspected at least once every year by the Department of Homeland Security Office for Civil Rights and Civil Liberties, with the results made public without the need to submit a request under section 552 of title 5, United States Code.
 (i)ConsultationThe Secretary shall seek input from nongovernmental organizations regarding their independent opinion of specific facilities and permit regular access to nongovernmental organizations for human rights monitoring.
 (j)RegulationsNot later than 180 days after the date of the enactment of this Act, the Secretary shall promulgate regulations to—
 (1)establish a publicly accessible online system to track the location of individuals in CBP custody held in short-term custody, and provide an online list of all locations with phone numbers routinely used to hold individuals in short-term custody;
 (2)improve the education of individuals in CBP custody regarding administrative procedures and legal rights under United States immigration law, in consultation with the Executive Office for Immigration Review; and
 (3)ensure notification of the Office of Inspector General and Department of Homeland Security Office for Civil Rights and Civil Liberties within 48 hours of all instances in which—
 (A)an individual in CBP custody has died, including during transfer to another facility or while being released; or
 (B)an individual has died as the result of an encounter with CBP. (k)Annual reportsNot later than 180 days after the date of the enactment of this Act and annually thereafter, the Secretary shall submit to Congress a report that details all instances in which an individual in CBP custody has died in the prior fiscal year, including during transfer to another facility or while being released, as well as all instances in which an individual has died as the result of an encounter with CBP, and the result of any subsequent investigation. Such reports shall also detail all instances in which an individual, including an individual in the custody of CBP, has suffered serious injuries requiring hospitalization as a result of the use of force by CBP.
 5.DefinitionsIn this Act: (1)Apprehended individualThe term apprehended individual means an individual apprehended by personnel of the Department of Homeland Security or of a cooperating entity.
 (2)BorderThe term border means an international border of the United States. (3)ChildExcept as otherwise specifically provided, the term child has the meaning given such term in section 101(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1101(b)(1)).
 (4)Cooperating entityThe term cooperating entity means a State or local entity acting pursuant to an agreement with the Secretary. (5)DepartmentThe term Department means the Department of Homeland Security.
 (6)Migration deterrence programThe term migration deterrence program means an action related to the repatriation or referral for prosecution of one or more apprehended individuals for a suspected or confirmed violation of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) by the Secretary or a cooperating entity.
 (7)SecretaryThe term Secretary means the Secretary of Homeland Security. (8)Unaccompanied alien childThe term unaccompanied alien child has the meaning given such term in section 462 of the Homeland Security Act of 2002 (6 U.S.C. 279).


115 HR 32 IH: ROSIE Act
U.S. House of Representatives
2017-01-03
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.

I115th CONGRESS1st SessionH. R. 32IN THE HOUSE OF REPRESENTATIVESJanuary 3, 2017Mr. Hudson introduced the following bill; which was referred to the Committee on Ways and MeansA BILLTo amend the Internal Revenue Code of 1986 to exempt the spouses of active duty members of the
			 Armed Forces from the determination of whether an employer is subject to
			 the employer health insurance mandate.

 1.Short titleThis Act may be cited as the Realizing Opportunity for Spouses in Employment Act or the ROSIE Act. 2.Exemption of spouses of active duty members of the Armed Forces from determinations under the employer health insurance mandate (a)In generalSection 4980H(c)(2)(F) of the Internal Revenue Code of 1986 is amended to read as follows:

 (F)Exemption for health coverage under TRICARE or the Veterans AdministrationSolely for purposes of determining whether an employer is an applicable large employer under this paragraph for any month, an individual shall not be taken into account as an employee for such month if—
 (i)such individual has medical coverage for such month under— (I)chapter 55 of title 10, United States Code, including coverage under the TRICARE program, or
 (II)a health care program under chapter 17 or 18 of title 38, United States Code, as determined by the Secretary of Veterans Affairs, in coordination with the Secretary of Health and Human Services and the Secretary, or
 (ii)such individual is the spouse of an individual who, at any time during such month, is on active duty in the Armed Forces of the United States..
 (b)Effective dateThe amendment made by this section shall apply to months beginning after the date of the enactment of this Act.


I
111th CONGRESS 1st Session
H. R. 4260
IN THE HOUSE OF REPRESENTATIVES

December 10, 2009
Mr. Gene Green of Texas (for himself, Ms. DeGette, Ms. Baldwin, and Mr. Engel) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, 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 provide adjusted Federal medical assistance percentage rates during a transitional assistance period.

1.Short titleThis Act may be cited as the Transitional Federal Medical Assistance Percentage Act.
2.Extension of ARRA increase in FMAPSection 5001 of ARRA is amended—
(1)in subsection (a)(3), by striking first calendar quarter and inserting first 3 calendar quarters;
(2)in subsection (b)(2), by inserting before the period at the end the following: and such paragraph shall not apply to calendar quarters beginning on or after October 1, 2010;
(3)in subsection (d), by inserting ending before October 1, 2010 after entire fiscal years and after with respect to fiscal years;
(4)in subsection (g)(1), by striking September 30, 2011 and inserting December 31, 2011; and
(5)in subsection (h)(3), by striking December 31, 2010 and inserting June 30, 2011.
3.ARRA transitional assistance periodFor each fiscal quarter occurring during the period beginning on July 1, 2011, and ending on December 31, 2013 (referred to in this Act as the ARRA transitional assistance period), a State's FMAP shall be equal to the sum of—
(1)the adjusted base FMAP (as determined under section 4(a)(1));
(2)the general FMAP adjustment (as determined under section 4(a)(2)); and
(3)the unemployment FMAP adjustment (as determined under section 4(a)(3)).
4.Adjustments to Federal medical assistance percentage
(a)Determination of adjusted FMAP
(1)Adjusted base FMAP
(A)In GeneralSubject to subparagraph (B), the adjusted base FMAP is determined as follows:
(i)For the fourth quarter of fiscal year 2011, the FMAP that would have applied to the State under section 5001(a) of ARRA (assuming that such section applied) for such fiscal quarter minus 2 percentage points.
(ii)For any subsequent fiscal quarter occurring during the ARRA transitional assistance period, the FMAP as determined under this paragraph for the preceding fiscal quarter minus 2 percentage points.
(B)Elimination of negative adjustmentIf the adjusted base FMAP applicable to a State under this paragraph for any fiscal quarter occurring during the ARRA transitional assistance period would be less than the FMAP determined for the State for such quarter without regard to this paragraph, this paragraph shall not apply to such State.
(2)General FMAP adjustmentThe general FMAP adjustment shall be equal to the following:
(A)For the fourth quarter of fiscal year 2011, 5.7 percentage points.
(B)For the first quarter of fiscal year 2012, 4.95 percentage points.
(C)For the second quarter of fiscal year 2012, 3.95 percentage points.
(D)For the third quarter of fiscal year 2012, 2.7 percentage points.
(E)For the fourth quarter of fiscal year 2012, 1.2 percentage points.
(F)For any subsequent fiscal quarter occurring during the ARRA transitional assistance period, 0.2 percentage points.
(3)Unemployment FMAP adjustment
(A)In generalSubject to subparagraphs (C) and (D), the unemployment FMAP adjustment shall be equal to the increase in the State's FMAP that would have applied to the State under section 5001(c) of ARRA (assuming that such section applied) for such fiscal quarter minus the applicable reduction amount (as described under subparagraph (B)).
(B)Applicable reduction amountFor purposes of subparagraph (A), the applicable reduction amount shall be equal to the following:
(i)For the fourth fiscal quarter of fiscal year 2011, 0.20 percentage points.
(ii)For any subsequent fiscal quarter occurring during the ARRA transitional assistance period, the sum of—
(I)the applicable reduction amount for the preceding fiscal quarter; and
(II)0.05 percentage points.
(C)Elimination of negative adjustmentIf the unemployment FMAP adjustment applicable to a State under this paragraph for any fiscal quarter during the ARRA transitional assistance period would be less than zero, this paragraph shall not apply to such State.
(D)Special rule
(i)In generalFor purposes of subparagraph (A), with respect to the computation of the state unemployment increase percentage (as described under section 5001(c)(4) of ARRA) for the last 2 fiscal quarters of the ARRA transitional assistance period, the most recent previous 3-consecutive-month period (as described under section 5001(c)(4)(A)(i) of ARRA) shall be the 3-consecutive-month period beginning with December 2012, or, if it results in a higher applicable percent under section 5001(c)(3) of ARRA, the 3-consecutive-month period beginning with January 2013.
(ii)Repeal of special rule under ARRA for last 2 calendar quarters of the recession adjustment periodSection 5001(c)(4) of ARRA is amended by striking subparagraph (C) and inserting the following:

(C)Special ruleWith respect to the first 2 calendar quarters of the recession adjustment period, the most recent previous 3-consecutive-month period described in subparagraph (A)(i) shall be the 3-consecutive-month period beginning with October 2008. .
(b)Scope of applicationThe adjustments in the FMAP for a State under this section shall apply for purposes of title XIX of the Social Security Act and shall not apply with respect to—
(1)disproportionate share hospital payments described in section 1923 of such Act (42 U.S.C. 1396r–4);
(2)payments under title IV of such Act (42 U.S.C. 601 et seq.) (except that the increases under paragraphs (1) and (2) of subsection (a) shall apply to payments under part E of title IV of such Act (42 U.S.C. 670 et seq.) and, for purposes of the application of this section to the District of Columbia, payments under such part shall be deemed to be made on the basis of the FMAP applied with respect to such District for purposes of title XIX and as increased under subsection (a)(2));
(3)any payments under title XXI of such Act (42 U.S.C. 1397aa et seq.);
(4)any payments under title XIX of such Act that are based on the enhanced FMAP described in section 2105(b) of such Act (42 U.S.C. 1397ee(b)); or
(5)any payments under title XIX of such Act that are attributable to expenditures for medical assistance provided to individuals made eligible under a State plan under title XIX of the Social Security Act (including under any waiver under such title or under section 1115 of such Act (42 U.S.C. 1315)) because of income standards (expressed as a percentage of the poverty line) for eligibility for medical assistance that are higher than the income standards (as so expressed) for such eligibility as in effect on July 1, 2008, (including as such standards were proposed to be in effect under a State law enacted but not effective as of such date or a State plan amendment or waiver request under title XIX of such Act that was pending approval on such date).
(c)State ineligibility; limitation; special rules
(1)Maintenance of eligibility requirements
(A)In generalSubject to subparagraph (B) and (C), a State is not eligible for an increase in its FMAP under subsection (a) if eligibility standards, methodologies, or procedures under its State plan under title XIX of the Social Security Act (including any waiver under such title or under section 1115 of such Act (42 U.S.C. 1315)) are more restrictive than the eligibility standards, methodologies, or procedures, respectively, under such plan (or waiver) as in effect on July 1, 2008.
(B)State reinstatement of eligibility permittedSubject to subparagraph (C), a State that has restricted eligibility standards, methodologies, or procedures under its State plan under title XIX of the Social Security Act (including any waiver under such title or under section 1115 of such Act (42 U.S.C. 1315)) after July 1, 2008, is no longer ineligible under subparagraph (A) beginning with the first calendar quarter in which the State has reinstated eligibility standards, methodologies, or procedures that are no more restrictive than the eligibility standards, methodologies, or procedures, respectively, under such plan (or waiver) as in effect on July 1, 2008.
(C)Special rulesA State shall not be ineligible under subparagraph (A)—
(i)for the fiscal quarters before October 1, 2011, on the basis of a restriction that was applied after July 1, 2008, and before the date of the enactment of this Act, if the State prior to October 1, 2011, has reinstated eligibility standards, methodologies, or procedures that are no more restrictive than the eligibility standards, methodologies, or procedures, respectively, under such plan (or waiver) as in effect on July 1, 2008; or
(ii)on the basis of a restriction that was directed to be made under State law as in effect on July 1, 2008, and would have been in effect as of such date, but for a delay in the effective date of a waiver under section 1115 of such Act with respect to such restriction.
(2)Compliance with prompt pay requirements
(A)Application to practitioners
(i)In generalSubject to the succeeding provisions of this subparagraph, no State shall be eligible for an increased FMAP rate as provided under this section for any claim received by a State from a practitioner subject to the terms of section 1902(a)(37)(A) of the Social Security Act (42 U.S.C. 1396a(a)(37)(A)) for such days during any period in which that State has failed to pay claims in accordance with such section as applied under title XIX of such Act.
(ii)Reporting requirementEach State shall report to the Secretary, on a quarterly basis, its compliance with the requirements of clause (i) as such requirements pertain to claims made for covered services during each month of the preceding quarter.
(iii)Waiver authorityThe Secretary may waive the application of clause (i) to a State, or the reporting requirement imposed under clause (ii), during any period in which there are exigent circumstances, including natural disasters, that prevent the timely processing of claims or the submission of such a report.
(iv)Application to claimsClauses (i) and (ii) shall only apply to claims made for covered services after the date of enactment of this Act.
(B)Application to nursing facilities and hospitalsThe provisions of subparagraph (A) shall apply with respect to a nursing facility or hospital, insofar as it is paid under title XIX of the Social Security Act on the basis of submission of claims, in the same or similar manner (but within the same timeframe) as such provisions apply to practitioners described in such subparagraph.
(3)State's application toward rainy day fundA State is not eligible for an increase in its FMAP under paragraphs (2) or (3) of subsection (a) if any amounts attributable (directly or indirectly) to such increase are deposited or credited into any reserve or rainy day fund of the State.
(4)No waiver authorityExcept as provided in paragraph (2)(A)(iii), the Secretary may not waive the application of this subsection or subsection (d) under section 1115 of the Social Security Act or otherwise.
(5)Limitation of fmap to 100 percentIn no case shall an increase in FMAP under this section result in an FMAP that exceeds 100 percent.
(d)Requirements
(1)State reportsEach State that is paid additional Federal funds as a result of this section shall, not later than September 30, 2014, submit a report to the Secretary, in such form and such manner as the Secretary shall determine, regarding how the additional Federal funds were expended.
(2)Additional requirement for certain StatesIn the case of a State that requires political subdivisions within the State to contribute toward the non-Federal share of expenditures under the State Medicaid plan required under section 1902(a)(2) of the Social Security Act (42 U.S.C. 1396a(a)(2)), the State is not eligible for an increase in its FMAP under paragraphs (2) or (3) of subsection (a) if it requires that such political subdivisions pay for quarters during the ARRA transitional assistance period a greater percentage of the non-Federal share of such expenditures, or a greater percentage of the non-Federal share of payments under section 1923, than the respective percentage that would have been required by the State under such plan on September 30, 2008, prior to application of this section.
(e)DefinitionsIn this Act, except as otherwise provided:
(1)ARRAThe term ARRA means the American Recovery and Reinvestment Act of 2009 (Public Law 111–5; 123 Stat. 140).
(2)FMAPThe term FMAP' means the Federal medical assistance percentage, as defined in section 1905(b) of the Social Security Act (42 U.S.C. 1396d(b)), as determined without regard to this section except as otherwise specified.
(3)Poverty lineThe term poverty line has the meaning given such term in section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2)), including any revision required by such section.
(4)SecretaryThe term Secretary means the Secretary of Health and Human Services.
(5)StateThe term State has the meaning given such term in section 1101(a)(1) of the Social Security Act (42 U.S.C. 1301(a)(1)) for purposes of title XIX of the Social Security Act (42 U.S.C. 1396 et seq.).
(f)SunsetThis section shall not apply to items and services furnished after the end of the ARRA transitional assistance period.


		III
		110th CONGRESS
		1st Session
		S. RES. 289
		IN THE SENATE OF THE UNITED STATES

			August 1, 2007
			Mrs. Boxer submitted the
			 following resolution; which was referred to the
			 Committee on Veterans'
			 Affairs

			November 8, 2007
			Committee discharged; considered and agreed
			 to

		RESOLUTION
		Expressing the sense of the Senate that a
		  Welcome Home Vietnam Veterans Day should be
		  established.

		Whereas the Vietnam War was fought in Vietnam from 1961 to
			 1975, and involved North Vietnam and the Viet Cong in conflict with the United
			 States and South Vietnam;
		Whereas the United States became involved in Vietnam
			 because policy-makers in the United States believed that if South Vietnam fell
			 to a Communist government that Communism would spread throughout the rest of
			 Southeast Asia;
		Whereas members of the United States Armed Forces began
			 serving in an advisory role to the South Vietnamese in 1961;
		Whereas as a result of the Gulf of Tonkin incidents on
			 August 2 and 4, 1964, Congress overwhelmingly passed the Gulf of Tonkin
			 Resolution (Public Law 88–408), on August 7,
			 1964, which effectively handed over war-making powers to President Johnson
			 until such time as peace and security had returned to
			 Vietnam;
		Whereas, in 1965, United States Armed Forces ground combat
			 units arrived in Vietnam;
		Whereas, by the end of 1965, there were 80,000 United
			 States troops in Vietnam, and by 1969 a peak of approximately 543,000 troops
			 was reached;
		Whereas, on January 27, 1973, the Treaty of Paris was
			 signed, which required the release of all United States prisoners of war held
			 in North Vietnam and the withdrawal of all United States Armed Forces from
			 South Vietnam;
		Whereas, on March 30, 1973, the United States Armed Forces
			 completed the withdrawal of combat troops from Vietnam;
		Whereas more than 58,000 members of the United States
			 Armed Forces lost their lives in Vietnam and more than 300,000 members of the
			 Armed Forces were wounded;
		Whereas, in 1982, the Vietnam Veterans Memorial was
			 dedicated in the District of Columbia to commemorate those members of the
			 United States Armed Forces who died or were declared missing in action in
			 Vietnam;
		Whereas the Vietnam War was an extremely divisive issue
			 among the people of the United States;
		Whereas members of the United States Armed Forces who
			 served bravely and faithfully for the United States during the Vietnam War were
			 caught upon their return home in the crossfire of public debate about the
			 involvement of the United States in the Vietnam War;
		Whereas the establishment of a Welcome Home Vietnam
			 Veterans Day would be an appropriate way to honor those members of the
			 United States Armed Forces who served in Vietnam during the Vietnam War;
			 and
		Whereas March 30 would be an appropriate day to establish
			 as Welcome Home Vietnam Veterans Day: Now, therefore, be
			 it

		That it is the sense of the Senate that
			 there should be established a Welcome Home Vietnam Veterans Day
			 to honor those members of the United States Armed Forces who served in
			 Vietnam.


114 S1285 IS: Coal with Carbon Capture and Sequestration Act of 2015
U.S. Senate
2015-05-11
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.

		II
		114th CONGRESS1st Session
		S. 1285
		IN THE SENATE OF THE UNITED STATES

			May 11, 2015
			Ms. Heitkamp (for herself and Mr. Manchin) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources

		A BILL
		To authorize the Secretary of Energy to enter into contracts to provide certain price stabilization
			 support relating to electric generation units that use coal-based
			 generation technology.

 1.Short titleThis Act may be cited as the Coal with Carbon Capture and Sequestration Act of 2015. 2.FindingsCongress finds that—
 (1)the high cost of installing and using technology to capture carbon dioxide from coal-fueled electric generating units can be mitigated by providing certainty, for a limited period of time, with respect to revenues from the sale of captured carbon dioxide;
 (2)the volatility of crude oil prices that determine the price paid for carbon dioxide creates uncertain market prices for carbon dioxide that is purchased and used to recover crude oil or for other beneficial purposes;
 (3)assistance to stabilize the price received for carbon dioxide captured during the use of coal provides a degree of certainty to debt providers and investors with respect to the revenues to be received from the sale of carbon dioxide; and
 (4)creating added certainty that captured carbon dioxide would receive a certain, agreed upon price for a limited period of time would help to ensure that carbon capture and storage technology would be developed and used.
			3.Contracting authority of the Secretary
 (a)Definition of electric generation unitIn this section, the term electric generation unit means an electric generation unit that uses coal-based generation technology. (b)Contracting authorityBeginning on the date of enactment of this Act, the Secretary of Energy may enter into binding contracts on behalf of the Federal Government, the duration of which shall not exceed 25 years, with qualified parties to provide price stabilization support for electricity generated at an electric generation unit or carbon dioxide captured from an electric generation unit and sold to a purchaser for—
 (1)the recovery of crude oil; or (2)other purposes for which a commercial market exists.


117 HR 2084 IH: Common-Sense Census Act of 2021
U.S. House of Representatives
2021-03-19
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I117th CONGRESS1st SessionH. R. 2084IN THE HOUSE OF REPRESENTATIVESMarch 19, 2021Mr. Cawthorn (for himself and Mr. Grothman) introduced the following bill; which was referred to the Committee on Oversight and Reform, and in addition to the Committee on the Judiciary, 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 concernedA BILLTo collect and consolidate citizenship status information for the population of the United States, and for other purposes.1.Short titleThis Act may be cited as the Common-Sense Census Act of 2021.2.Citizenship status statistics(a)In generalChapter 3 of title 13, United States Code, is amended by adding at the end the following new section:104.Citizenship statusThe Secretary shall collect statistics on the citizenship status of persons permanently residing in the United States..(b)Clerical amendmentThe table of sections for chapter 3 of title 13, United States Code, is amended by inserting after the item related to section 103 the following new item:104. Citizenship status..(c)Citizenship status on census questionnairesSection 141 of title 13, United States Code, is amended—(1)by redesignating subsection (g) as subsection (h); and(2)by inserting after subsection (f) the following:(g)In conducting the 2030 decennial census and each decennial census thereafter, the Secretary shall include in any questionnaire distributed or otherwise used for the purpose of determining the total population by States a checkbox or other similar option for the respondent to indicate, for the respondent and for each of the members of the household of the respondent, whether such individual is a citizen or national of the United States..3.Citizenship data interagency working group(a)In generalNot later than 6 months after the date of the enactment of this Act, the Secretary of Commerce shall establish the Citizenship Data Interagency Working Group (hereinafter referred to as the Working Group).(b)DutiesThe Working Group shall develop and submit to the Secretary recommendations to increase to the maximum extent practicable the percentage of the population of the United States with respect to which the Department of Commerce has information about citizenship status, including recommendations for improving the access of the Department of Commerce to records containing such information that are held by Federal agencies or State or local governments.(c)Membership(1)Members(A)In generalThe Working Group shall consist of the Director of the Census Bureau, who shall serve as the chair, and the individuals appointed under subparagraph (B).(B)Agency appointments(i)In generalAt the request of the chair of the Working Group to a Federal agency, the head of such Federal agency shall, not later than 1 month after the date on which such request is made, appoint one individual employed by such Federal agency to serve as a member of the Working Group representing such Federal agency. (ii)Initial requestsNot later than 3 months after the date of the enactment of this Act, the chair of the Working Group shall make the request described in clause (i) to each Federal agency from which an initial member of the Working Group shall be appointed under such clause.(2)TermsA member of the Working Group appointed under paragraph (1)(B) shall be appointed for a term of 2 years.(3)QuorumA quorum shall be 2 members of the Working Group.(4)Vacancies(A)In generalExcept as otherwise provided in this paragraph, any vacancy occurring in the membership of the Working Group shall be filled in the same manner as the original appointment for the position being vacated.(B)Agency appointmentsWith respect to filling a vacancy for which the original appointment was made under paragraph (1)(B), a head of a Federal agency shall fill such vacancy without a request from the chair of the Working Group.(C)Agency participation endingA vacancy resulting from the expiration of the term of a member appointed under paragraph (1)(B) shall not be filled if the chair has provided notice to the Federal agency which such member represented that such participation by such Federal agency in the Working Group is no longer required.(D)Term continuedThe term of a member appointed to fill a vacancy, other than a vacancy resulting from the expiration of the term of a member, shall be the remainder of the term of the former member who vacated the position.(E)Vacancy effectsA vacancy shall not affect the power of the remaining members to execute the duties of the Working Group except to the extent that such vacancy results in less than a quorum.(5)CompensationMembers of the Working Group who are full-time officers or employees of the United States or Members of Congress may not receive additional pay, allowances, or benefits by reason of their service on the Working Group.(d)Administrative and technical supportThe Secretary shall provide the Working Group with such administrative support, staff, and technical assistance as the Secretary determines necessary for the Working Group to carry out it duties.(e)Detail of federal employeesAny Federal employee may be detailed to the Commission without reimbursement from the Commission, and such detailee shall retain the rights, status, and privileges of his or her regular employment without interruption.(f)Federal advisory committee actThe provisions of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply with respect to the Working Group.(g)DefinitionsIn this section: (1)Federal agencyThe term Federal agency means any agency as that term is defined in section 551(1). (2)SecretaryThe term Secretary means the Secretary of Commerce.(3)StateThe term State means each of the several States, the District of Columbia, and any commonwealth, territory, or possession of the United States. 4.Citizenship-based reapportionmentSection 22(a) of the Act entitled An Act to provide for the fifteenth and subsequent decennial censuses and to provide for apportionment of Representatives in Congress, approved June 28, 1929 (2 U.S.C. 2a(a)), is amended to read as follows:(a)On the first day, or within one week thereafter, of the first regular session of the One Hundred Twenty-second Congress and of each fifth Congress thereafter, the President shall transmit to the Congress a statement showing the whole number of persons in each State, excluding Indians not taxed, as ascertained under the seventeenth and each subsequent decennial census of the population, and the number of Representatives to which each State would be entitled under an apportionment of the then existing number of Representatives by the method known as the method of equal proportions under which only citizens of the United States shall be considered in determining such apportionment, no State to receive less than one Member..


115 HR 3250 IH: 9/11 Immigrant Worker Freedom Act
U.S. House of Representatives
2017-07-14
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I115th CONGRESS1st SessionH. R. 3250IN THE HOUSE OF REPRESENTATIVESJuly 14, 2017Mr. Crowley (for himself, Mr. Nadler, Ms. Velázquez, Mr. Espaillat, Ms. Clarke of New York, Mr. Tonko, Mr. Serrano, and Mr. Jeffries) introduced the following bill; which was referred to the Committee on the JudiciaryA BILLTo provide aliens who performed rescue, recovery, demolition, debris cleanup, or other related services after the September 11 terrorist attacks an opportunity to adjust their status to that of an alien lawfully admitted for permanent residence, and for other purposes.
1.Short titleThis Act may be cited as the 9/11 Immigrant Worker Freedom Act. 2.Adjustment of status for certain workers after terrorist attacks (a)Adjustment of statusThe status of any alien described in subsection (b) may be adjusted by the Secretary of Homeland Security to that of an alien lawfully admitted for permanent residence, if the alien—
(1)applies for such adjustment not later than 1 year after the date of the enactment of this Act, which may be extended at the discretion of the Secretary in cases with compelling circumstances; (2)is not inadmissible to the United States under paragraph (2) or (3) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)), or deportable under paragraph (2) or (4) of section 237(a) of such Act (8 U.S.C. 1227(a)); except that in determining an alien’s inadmissibility—
(A)offenses for which an essential element was the alien’s immigration status shall not apply; (B)arrests or criminal charges on their own shall not apply; and
(C)cases where a judgment has been expunged, set aside, or the equivalent shall not apply; and (3)not later than the date on which the application under paragraph (1) is submitted, satisfies any applicable Federal tax liability by establishing that—
(A)no such tax liability exists; or (B)all outstanding liabilities have been paid.
(b)Aliens eligible for adjustment of status
(1)In generalThe benefit provided by subsection (a) shall apply to any alien who— (A)worked or volunteered onsite in rescue, recovery, debris cleanup, or related support services in lower Manhattan (south of Canal St.), the Staten Island Landfill, or the barge loading piers, for at least 4 hours during the period beginning on September 11, 2001, and ending on September 14, 2001, for at least 24 hours during the period beginning on September 11, 2001, and ending on September 30, 2001, or for at least 80 hours during the period beginning on September 11, 2001, and ending on July 31, 2002;
(B)was a vehicle-maintenance worker who was exposed to debris from the former World Trade Center while retrieving, driving, cleaning, repairing, and maintaining vehicles contaminated by airborne toxins from the September 11, 2001, terrorist attacks for any time during the period beginning on September 11, 2001, and ending on July 31, 2002;  (C)was a member of a fire or police department (whether fire or emergency personnel, active or retired), worked for a recovery or cleanup contractor, or was a volunteer; and performed rescue, recovery, demolition, debris cleanup, or other related services at the Pentagon site of the terrorist-related aircraft crash of September 11, 2001, during the period beginning on September 11, 2001, and ending on November 19, 2001; or
(D)was a member of a fire or police department (whether fire or emergency personnel, active or retired), worked for a recovery or cleanup contractor, or was a volunteer; and performed rescue, recovery, demolition, debris cleanup, or other related services at the Shanksville, Pennsylvania, site of the terrorist-related aircraft crash of September 11, 2001, during the period beginning on September 11, 2001, and ending on October 3, 2001. (2)ExceptionAn alien shall not be provided any benefit under this section if the Secretary of Homeland Security determines that the alien has willfully made a material misrepresentation or material omission in the proffer of information described in paragraph (1)(C).
(c)Work authorizationThe Secretary of Homeland Security may authorize an alien who has applied for adjustment of status under subsection (a) to engage in employment in the United States during the pendency of such application. (d)ConstructionNothing in this section shall be construed to limit the existing authority of the Secretary of Homeland Security on the date of the enactment of this Act to require any form or other submission of information or to perform any background or security check for the purpose of determining the admissibility, or eligibility under this section, of any alien.
(e)Waiver of regulationsThe Secretary of Homeland Security shall issue guidance to carry out this section not later than 6 months after the date of the enactment of this Act, but is not required to promulgate regulations prior to implementing this section. (f)No offset in number of visas availableWhen an alien is granted the status of having been lawfully admitted for permanent residence under this section, the Secretary of State shall not be required to reduce the number of immigrant visas authorized to be issued under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
(g)DefinitionsFor purposes of this section: (1)The term applicable Federal tax liability means liability for Federal taxes, including penalties and interest, owed for any year for which the statutory period for assessment of any deficiency for such taxes has not expired.
(2)Except as otherwise specifically provided in this section, the definitions used in the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) (excluding the definitions applicable exclusively to title III of such Act) shall apply in the administration of this section.


116 S2328 IS: VA-DoD Shared Medical Facilities Act of 2019
U.S. Senate
2019-07-30
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.

II116th CONGRESS1st SessionS. 2328IN THE SENATE OF THE UNITED STATESJuly 30, 2019Mr. Sullivan introduced the following bill; which was read twice and referred to the Committee on Veterans' AffairsA BILLTo amend title 10, United States Code, to provide the Secretary of Defense and the Secretary of
			 Veterans Affairs authority to enter into agreements for the planning,
			 design, and construction, or leasing, of facilities to be operated as
			 shared medical facilities, and for other purposes.

 1.Short titleThis Act may be cited as the VA-DoD Shared Medical Facilities Act of 2019. 2.Authority to plan, design, and construct, or lease, shared medical facilities (a)In generalChapter 55 of title 10, United States Code, is amended by inserting after section 1104 the following new section:

					1104a.Shared medical facilities with the Department of Veterans Affairs
 (a)AgreementsThe Secretary of Defense and the Secretary of Veterans Affairs may enter into agreements with each other for the planning, design, and construction, or leasing, of facilities to be operated as shared medical facilities.
 (b)Transfer of amounts by Secretary of Defense(1)The Secretary of Defense may transfer to the Secretary of Veterans Affairs amounts as follows: (A)Amounts, not in excess of the amount authorized by law for an unspecified minor military construction project, for the construction of a shared medical facility if—
 (i)the amount of the share of the Department of Defense for the estimated cost of the project does not exceed the amount specified in subsection (a)(2) of section 2805 of this title; and
 (ii)the other requirements of such section have been met with respect to amounts identified for transfer.
 (B)Amounts appropriated for the Defense Health Program for the purpose of the planning, design, and construction, or the leasing of space, for a shared medical facility.
 (2)The authority to transfer amounts under this section is in addition to any other authority to transfer amounts available to the Secretary of Defense.
 (3)Section 2215 of this title does not apply to a transfer of funds under this subsection. (c)Transfer of amounts by Secretary of Veterans AffairsThe Secretary of Veterans Affairs may transfer to the Secretary of Defense amounts as follows:
 (1)Amounts appropriated to the Secretary of Veterans Affairs for Construction, minor projects for use for the planning, design, or construction of a shared medical facility if the amount of the share of the Department of Veterans Affairs for the estimated cost of the project does not exceed the amount specified in section 8104(a)(3)(A) of title 38.
 (2)Amounts appropriated to the Secretary of Veterans Affairs for Construction, major projects for use for the planning, design, or construction of a shared medical facility if—
 (A)the amount of the share of the Department of Veterans Affairs for the estimated cost of the project exceeds the amount specified in subsection (a)(3) of section 8104 of title 38; and
 (B)the other requirements of such section have been met with respect to amounts identified for transfer.
 (3)Amounts appropriated to the applicable appropriation account of the Department of Veterans Affairs for the purpose of leasing space for a shared medical facility if the amount of the share of the Department of Veterans Affairs for the estimated cost of the project does not exceed the amount specified in section 8104(a)(3)(B) of title 38.
 (d)Receipt of amounts by Secretary of Defense(1)Any amount transferred to the Secretary of Defense by the Secretary of Veterans Affairs for necessary expenses for the planning, design, and construction of a shared medical facility, if the amount of the share of the Department of Defense for the cost of such project does not exceed the amount specified in section 2805(a)(2) of this title, may be credited to accounts of the Department of Defense available for the construction of a shared medical facility.
 (2)Any amount transferred to the Secretary of Defense by the Secretary of Veterans Affairs for the purpose of the planning and design, or the leasing of space, for a shared medical facility may be credited to accounts of the Department of Defense available for such purposes, and may be used for such purposes.
 (3)Using accounts credited with transfers from the Secretary of Veterans Affairs under paragraph (1), the Secretary of Defense may carry out unspecified minor military construction projects, if the share of the Department of Defense for the cost of such project does not exceed the amount specified in section 2805(a)(2) of this title.
 (e)Receipt of amounts by Secretary of Veterans Affairs(1)Any amount transferred to the Secretary of Veterans Affairs by the Secretary of Defense for necessary expenses for the planning, design, and construction of a shared medical facility, if the amount of the share of the Department of Veterans Affairs for the cost of such project does not exceed the amount specified in section 8104(a)(3)(A) of title 38, may be credited to the Construction, minor projects account of the Department of Veterans Affairs and used for the necessary expenses of constructing such shared medical facility.
 (2)Any amount transferred to the Secretary of Veterans Affairs by the Secretary of Defense for necessary expenses for the planning, design, and construction of a shared medical facility, if the amount of the share of the Department of Veterans Affairs for the cost of such project exceeds the amount specified in subsection (a)(3)(A) of section 8104 of title 38, may be credited to the Construction, major projects account of the Department of Veterans Affairs and used for the necessary expenses of constructing such shared medical facility if the other requirements of such section have been met with respect to amounts identified for transfer.
 (3)Any amount transferred to the Secretary of Veterans Affairs by the Secretary of Defense for the purpose of leasing space for a shared medical facility may be credited to accounts of the Department of Veterans Affairs available for such purposes, and may be used for such purposes.
 (f)Merger of amounts transferredAny amount transferred under this section shall be merged with, and be available for the same purposes and the same time period as, the appropriation or fund to which transferred.
 (g)Shared medical facility defined(1)In this section, the term shared medical facility means a building or buildings, or a campus, intended to be used by both the Department of Defense and the Department of Veterans Affairs for the provision of health care services, whether under the jurisdiction of the Secretary of Defense or the Secretary of Veterans Affairs, and whether or not located on a military installation or on real property under the jurisdiction of the Secretary of Veterans Affairs.
 (2)Such term includes any necessary building and auxiliary structure, garage, parking facility, mechanical equipment, abutting sidewalks, and accommodations for attending personnel..
 (b)Clerical amendmentThe table of sections at the beginning of chapter 55 of such title is amended by inserting after the item relating to section 1104 the following new item:
				1104a. Shared medical facilities with the Department of Veterans Affairs..
 (c)Technical correctionParagraph (3) of section 8104(a) of title 38, United States Code, is amended to read as follows:  (3)For purposes of this subsection:
 (A)The term major medical facility project means a project for the construction, alteration, or acquisition of a medical facility involving a total expenditure of more than $20,000,000, but such term does not include an acquisition by exchange, nonrecurring maintenance projects of the Department, or the construction, alteration, or acquisition of a shared Federal medical facility for which the Department's estimated share of the project costs does not exceed $20,000,000.
 (B)The term major medical facility lease means a lease for space for use as a new medical facility at an average annual rent of more than $1,000,000..


116 S656 IS: Stopping Abuse and Fraud in Electronic Lending Act of 2019
U.S. Senate
2019-03-05
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.

II116th CONGRESS1st SessionS. 656IN THE SENATE OF THE UNITED STATESMarch 5, 2019Mr. Merkley (for himself, Ms. Harris, Mr. Markey, Mr. Blumenthal, Mrs. Murray, Mr. Booker, Mr. Wyden, Ms. Duckworth, Mrs. Feinstein, Mr. Durbin, Mr. Udall, Mr. Van Hollen, Ms. Smith, Mr. Sanders, Ms. Klobuchar, Mrs. Gillibrand, Ms. Baldwin, Mr. Cardin, and Mr. Heinrich) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban AffairsA BILLTo amend the Truth in Lending Act to address certain issues relating to the extension of consumer
			 credit, and for other purposes.

		1.Short
 titleThis Act may be cited as the Stopping Abuse and Fraud in Electronic Lending Act of 2019 or the SAFE Lending Act of 2019.
		2.Consumer control
			 over bank accounts
			(a)Prohibiting
 unauthorized remotely created checksSection 905 of the Electronic Fund Transfer Act (15 U.S.C. 1693c) is amended by adding at the end the following:

					(d)Limitations on
				remotely created checks
 (1)DefinitionIn this subsection— (A)the term remotely created check means a check, including a paper or electronic check and any other payment order that the Bureau, by rule, determines is appropriately covered under this subsection, that—
 (i)is not created by the financial institution that holds the customer account from which the check is to be paid; and
 (ii)does not bear a signature applied, or purported to be applied, by the person from whose account the check is to be paid; and
 (B)the term Federal consumer financial law has the meaning given the term in section 1002 of the Consumer Financial Protection Act of 2010 (12 U.S.C. 5481).
 (2)LimitationsSubject to the limitations in paragraph (3) and any additional limitations that the Bureau may establish, by rule, a remotely created check may only be issued by a person designated in writing by a consumer, with that written designation specifically provided by the consumer to the insured depository institution at which the consumer maintains the account from which the check is to be drawn.
						(3)Additional
				limitations
							(A)In
 generalA designation provided by a consumer under paragraph (2) may be revoked at any time by the consumer.
							(B)Consumer
 financial protection lawsNo payment order, including a remotely created check, may be issued by any person in response to the exercise of, or attempt to exercise, any right by a consumer under—
 (i)any Federal consumer financial law; or
 (ii)any other provision of any law or regulation within the jurisdiction of the Bureau..
			(b)Consumer
			 protections for certain one-Time electronic fund
 transfersSection 913 of the Electronic Fund Transfer Act (15 U.S.C. 1693k) is amended—
 (1)in the matter preceding paragraph (1), by inserting (a) In general.— before No person;
 (2)in subsection (a)(1), as so designated, by striking preauthorized electronic fund transfers and inserting an electronic fund transfer; and
 (3)by adding at the end the following:

						(b)Treatment for
 electronic fund transfers in credit extensionsIf a consumer voluntarily agrees to repay an extension of a small-dollar consumer credit transaction, as defined in section 110(a) of the Truth in Lending Act, by means of an electronic fund transfer, the electronic fund transfer shall be treated as a preauthorized electronic fund transfer subject to the protections of this title..
				3.Transparency and consumer empowerment in small-dollar lending
			(a)Small-Dollar consumer credit transactions
 (1)In generalThe Truth in Lending Act (15 U.S.C. 1601 et seq.) is amended— (A)by inserting after section 109 (15 U.S.C. 1608) the following:

							110.Registration requirement for small-dollar lenders
 (a)DefinitionIn this section, the term small-dollar consumer credit transaction—
 (1)means any transaction that extends credit that is— (A)made to a consumer in an amount that—
 (i)is not more than— (I)$5,000; or
 (II)such greater amount as the Bureau may, by rule, determine; and
 (ii)shall be adjusted annually to reflect changes in the Consumer Price Index for all urban consumers published by the Department of Labor; and
 (B)extended pursuant to an agreement that is—
 (i)(I)other than an open end credit plan; and
 (II)payable in 1 or more installments of less than 12 months (or such longer period as the Bureau may, by rule, determine);
 (ii)an open end credit plan in which each advance is fully repayable within a defined time or in connection with a defined event, or both; or
 (iii)any other plan as the Bureau determines, by rule; and
 (2)includes any action that facilitates, brokers, arranges, or gathers applications for a transaction described in paragraph (1).
 (b)Registration requirementA person shall register with the Bureau before issuing credit in a small-dollar consumer credit transaction.; and
 (B)in section 173 (15 U.S.C. 1666j), by adding at the end the following:  (d)Notwithstanding any other provision of this title, any small-dollar consumer credit transaction, as defined in section 110(a), shall comply with the laws of the State in which the consumer to which credit in the transaction is extended resides with respect to annual percentage rates, interest, fees, charges, and such other similar or related matters as the Bureau may, by rule, determine if the small-dollar consumer credit transaction is—
 (1)made— (A)over the Internet;
 (B)by telephone; (C)by facsimile;
 (D)by mail; (E)by electronic mail; or
 (F)through another electronic communication; or
 (2)conducted by a national bank.. (2)Technical and conforming amendmentThe table of sections for chapter 1 of the Truth in Lending Act (15 U.S.C. 1601 et seq.) is amended by inserting after the item relating to section 109 the following:
					110. Registration requirement for small-dollar lenders..
 (b)Prohibition on certain feesSection 915 of the Electronic Fund Transfer Act (15 U.S.C. 1693l–1) is amended— (1)by redesignating subsection (d) as subsection (e); and
 (2)by inserting after subsection (c) the following:  (d)Additional fees prohibited (1)DefinitionIn this subsection, the term prepaid account has the meaning given the term by rule of the Bureau.
 (2)ProhibitionWith respect to the use of a prepaid account by a consumer—
 (A)it shall be unlawful for any person to charge the consumer a fee for an overdraft with respect to the prepaid account, including a shortage of funds or a transaction processed for an amount exceeding the account balance of the prepaid account;
 (B)any transaction for an amount that exceeds the account balance of the prepaid account may be declined, except that the consumer may not be charged a fee for that purpose; and
 (C)the Bureau may, by rule, prohibit the charging of any fee so that the Bureau may— (i)prevent unfair, deceptive, or abusive practices; and
 (ii)promote the ability of the consumer to understand and compare the costs of prepaid accounts.. 4.Restrictions on lead generation in small-dollar consumer credit transactions (a)In generalChapter 2 of the Truth in Lending Act (15 U.S.C. 1631 et seq.) is amended by adding at the end the following:

					140B.Restrictions
				on lead generation in small-dollar consumer credit transactions
 (a)DefinitionsIn this section— (1)the terms Internet access service and Internet information location tool have the meanings given those terms in section 231(e) of the Communications Act of 1934 (47 U.S.C. 231(e));
 (2)the term sensitive personal financial information means a social security number, financial account number, bank routing number, bank account number, or security or access code that is immediately necessary to permit access to the financial account of an individual; and
 (3)the term small-dollar consumer credit transaction has the meaning given the term in section 110(a).
							(b)Identification
 informationAny person facilitating, brokering, arranging for, or gathering applications for the distribution of sensitive personal financial information in connection with a small-dollar consumer credit transaction shall prominently disclose information by which the person may be contacted or identified, including for service of process and for identification of the registrant of any domain name registered or used.
						(c)Prohibition on
 lead generation in small-Dollar consumer credit transactionsNo person may facilitate, broker, arrange for, or gather applications for the distribution of sensitive personal financial information in connection with a small-dollar consumer credit transaction unless the person is directly providing the small-dollar consumer credit to a consumer.
						(d)Rule of
				construction
							(1)In
 generalNothing in this section may be construed to limit the authority of the Bureau to further restrict activities covered by this section.
 (2)ClarificationFor the purposes of this section, it shall not be considered facilitating the distribution of sensitive personal financial information in connection with a small-dollar consumer credit transaction to be engaged solely in one of the following activities:
 (A)The provision of a telecommunications service, an Internet access service, or an Internet information location tool.
 (B)The transmission, storage, retrieval, hosting, formatting, or translation (or any combination thereof) of a communication, without selection or alteration of the content of the communication, except the deletion of a particular communication or material made by another person in a manner that is consistent with section 230(c) of the Communications Act of 1934 (47 U.S.C. 230(c))..
 (b)Technical and conforming amendmentThe table of sections for chapter 2 of the Truth in Lending Act (15 U.S.C. 1631 et seq.) is amended by adding at the end the following:
				140B. Restrictions on lead generation in small-dollar consumer credit transactions..
			5.Studies
 (a)DefinitionsIn this section— (1)the term appropriate committees of Congress means—
 (A)the Committee on Banking, Housing, and Urban Affairs of the Senate; (B)the Committee on Indian Affairs of the Senate;
 (C)the Committee on Financial Services of the House of Representatives; and (D)the Committee on Natural Resources of the House of Representatives; and
 (2)the term Indian tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).
 (b)Study requiredNot later than 180 days after the date of enactment of this Act, the Comptroller General of the United States shall conduct a study regarding—
 (1)the availability of capital on reservations of Indian tribes; and
 (2)the impact that small-dollar consumer credit extended through internet and non-internet means to members of Indian tribes has had on economic opportunity and wealth for members of Indian tribes.
 (c)ConsultationIn conducting the study required under subsection (b), the Comptroller General of the United States shall consult, as appropriate, with—
 (1)the Bureau of Consumer Financial Protection; (2)the Board of Governors of the Federal Reserve System;
 (3)the Director of the Bureau of Indian Affairs;
 (4)federally recognized Indian tribes; and (5)community development financial institutions operating in Indian lands.
 (d)Congressional considerationThe Comptroller General of the United States shall submit to the appropriate committees of Congress the study required under subsection (b).
 6.RulemakingNot later than 1 year after the date of enactment of this Act, the Bureau of Consumer Financial Protection shall adopt any final rules that are necessary to implement the provisions of this Act and the amendments made by this Act.


116 HR 6381 IH: To require the Board of Governors of the Federal Reserve System to provide zero-interest loans to minority depository institutions and community development financial institutions to combat COVID–19, and for other purposes.
U.S. House of Representatives
2020-03-24
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. 6381IN THE HOUSE OF REPRESENTATIVESMarch 24, 2020Mr. Green of Texas (for himself, Ms. Garcia of Texas, Mr. Meeks, Mr. Cleaver, and Mrs. Beatty) introduced the following bill; which was referred to the Committee on Financial ServicesA BILLTo require the Board of Governors of the Federal Reserve System to provide zero-interest loans to minority depository institutions and community development financial institutions to combat COVID–19, and for other purposes.1.Loans to MDIs and CDFIs(a)In generalDuring the COVID–19 emergency period, the Board of Governors of the Federal Reserve System shall provide zero-interest loans to minority depository institutions and community development financial institutions to help mitigate the economic impact of COVID–19 in low-income, underserved communities.(b)Asset limitationSubsection (a) shall only apply to minority depository institutions and community development financial institutions with less than $1,000,000,000 in assets.(c)Interest To resume 18 months after pandemicNotwithstanding subsection (a), the Board of Governors shall charge interest on loans made pursuant to subsection (a) after the end of the 18-month period beginning at the end of the COVID–19 emergency period, at a rate to be determined by the Board of Governors based on the interest amount charged under the discount window lending programs.(d)COVID–19 pandemic definedIn this section, the term COVID–19 emergency period means the period that begins upon the date of the enactment of this Act and ends upon the date of the termination by the Federal Emergency Management Administration of the emergency declared on March 13, 2020, by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 4121 et seq.) relating to the Coronavirus Disease 2019 (COVID-19) pandemic.


117 HR 152 IH: Ensuring Homeowner and Occupant Monetary Encouragement and Stability Act
U.S. House of Representatives
2021-01-04
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I117th CONGRESS1st SessionH. R. 152IN THE HOUSE OF REPRESENTATIVESJanuary 4, 2021Mr. Rush (for himself, Mr. Cooper, Mrs. Demings, Mr. Grijalva, Mr. Kildee, Mr. Mfume, Ms. Norton, Mr. Pocan, Mr. Raskin, Ms. Schakowsky, and Mr. Sires) introduced the following bill; which was referred to the Committee on Financial ServicesA BILLTo require any payments of principal or interest on a residential mortgage loan that are deferred during a COVID–19 emergency period to be due no earlier than the last day of the loan term, and for other purposes.1.Short titleThis Act may be cited as the Ensuring Homeowner and Occupant Monetary Encouragement and Stability Act  or the Ensuring HOMES Act. 2.Treatment of deferred residential mortgage payments(a)In generalWith respect to any payments of principal or interest on a residential mortgage loan that are deferred during a COVID–19 emergency period (whether pursuant to Federal law or otherwise), the applicable holder or servicer of such loan may not require such payments to be due until the later of—(1)the last day of the loan term; or(2)the end of the deferral period.(b)Rule of constructionNothing in this section may be construed as prohibiting a borrower from making payments on a loan before the date specified under subsection (a).(c)DefinitionsIn this section:(1)Residential mortgage loanThe term residential mortgage loan means any loan which is secured by residential real property designed principally for the occupancy of families, regardless of the number of families by which the real property is designed to be occupied.(2)COVID–19 emergency periodThe term COVID–19 emergency period means the period that—(A)begins upon a date that the President declares an emergency under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 4121 et seq.) relating to a Coronavirus Disease 2019 (COVID–19) pandemic; and(B)ends upon the date of the termination by the Federal Emergency Management Administration of such emergency declaration.3.Tenant Protection Program(a)In generalThe Secretary of Housing and Urban Development (in this section referred to as the Secretary) shall carry out a program to be known as the Tenant Protection Program, under which the Secretary shall make quarterly loans to landlords who waive rent owned by tenants during the COVID–19 emergency period, in accordance with this section.(b)Loan details(1)Loan amountA loan provided under this section shall be in an amount equal to no more than half of the amount of rent that a landlord anticipates waiving during the applicable quarter.(2)Fees; interestThe Secretary may not charge any fee in connection with a loan made under this section and may not charge interest on any such loan in an amount greater than 4 percent.(c)Loan forgivenessThe Secretary shall forgive any loan made under this section to a landlord if—(1)the landlord permits each tenant of the landlord to extend any lease until the date that is 60 days after the end of the COVID–19 emergency period, if such lease would have terminated before such date; and(2)the landlord enters into an agreement with the Secretary under which the landlord will not evict any tenant until the date that is 60 days after the end of the COVID–19 emergency period.(d)COVID–19 emergency period definedIn this section, the term COVID–19 emergency period has the meaning given that term under section 2.(e)Authorization of appropriationsThere are authorized to be appropriated to the Secretary such sums as may be necessary to carry out this section.4.Rules of application(a)Application to existing and new emergenciesThis Act shall apply to a COVID–19 emergency period (as defined under section 2) in existence on the date of enactment of this Act or beginning after the date of enactment of this Act.(b)Retroactive effectWith respect to the COVID–19 emergency period in existence on the date of enactment of this Act, the provisions of this Act shall apply retroactively to actions taken beginning on the first day of such emergency period.


114 HR 4952 IH: Fair Federal Firearms Licensing Act
U.S. House of Representatives
2016-04-14
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		114th CONGRESS
		2d Session
		H. R. 4952
		IN THE HOUSE OF REPRESENTATIVES

			April 14, 2016
			Mr. Russell introduced the following bill; which was referred to the Committee on the Judiciary

		A BILL
		To impose a deadline by which a person whose Federal firearms license has expired, or is
			 surrendered, or revoked, must liquidate the firearms inventory of any
			 business subject to the license, and for other purposes.

 1.Short titleThis Act may be cited as the Fair Federal Firearms Licensing Act. 2.Deadline for liquidation of firearms business inventory after expiration, surrender, or revocation of Federal firearms licenseSection 923 of title 18, United States Code, is amended by adding at the end the following:

				(m)
					(1)
 (A)A person whose license issued under this chapter has expired, or is surrendered or revoked, shall liquidate the firearms inventory of any business subject to the license, by the end of the period described in subparagraph (B). During that period, the license shall continue to be considered valid.
 (B)The period described in this subparagraph is the 60-day period beginning with the effective date of the expiration, surrender, or revocation, plus such additional period as the Attorney General may allow on a showing of reasonable cause.
 (2)Paragraph (1) shall not apply with respect to a person if a United States district court for the judicial district in which the person resides or in which the principal place of business of the person subject to the license is located finds, by clear and convincing evidence, that the continued operation by the person of the business poses an immediate and grave threat to public safety..
 3.Definition of willfullySection 923(e) of title 18, United States Code, is amended by adding at the end the following:  (5)For purposes of this subsection, the term willfully means, with respect to conduct of a person, that the person knew of a legal duty, and engaged in the conduct knowingly and in intentional disregard of the duty. Repetition of a recordkeeping violation, regardless of frequency, shall not be considered evidence that the licensee committed the violation knowingly and in intentional disregard of a legal duty..


113 HR 4210 IH: ACA Open Enrollment Extension Act of 2014
U.S. House of Representatives
2014-03-12
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.

		I
		113th CONGRESS
		2d Session
		H. R. 4210
		IN THE HOUSE OF REPRESENTATIVES

			March 12, 2014
			Mr. Schrader introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, 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 Patient Protection and Affordable Care Act to authorize the extension of the initial
			 open enrollment period for up to 1 month, and for other purposes.

		1.Short titleThis Act may be cited as the ACA Open Enrollment Extension Act of 2014.
		2.Authorizing 1-month extension of initial open enrollment period
			(a)In generalSection 1311(c)(6) of the Patient Protection and Affordable Care Act (42 U.S.C. 18031(c)(6)) is
			 amended by adding after and below subparagraph (D) the following: The initial open enrollment period under subparagraph (A) for an Exchange established by a State
			 shall be extended to end on a date (not later than April 30, 2014)
			 specified by the State, if the State elects such extension (and specifies
			 such ending date) not later than March 31, 2014, and such enrollment
			 period for the Exchange established by the Secretary shall be extended to
			 end on a date (not later than April 30, 2014) specified by the Secretary,
			 if the Secretary elects such extension (and specifies such ending date)
			 not later than March 31, 2014..
			(b)Conforming extension for private coverageSection 2702(b) of the Public Health Service Act (42 U.S.C. 300gg–1(b)) is amended by adding at the
			 end the following:

					(4)Extension of initial open enrollment or special enrollment periodA health insurance issuer described in subsection (a) that provides an initial open enrollment
			 period or special enrollment period during March 2014, shall provide for
			 an extension of such period through the end of the initial open enrollment
			 period under section 1311(c)(6) of the Patient Protection and Affordable
			 Care Act applicable to the State in which the coverage is offered..
			(c)Nonapplication of penaltySection 5000A(c) of the Internal Revenue Code of 1986 is amended by adding at the end the
			 following:

					(5)Application to 2014For purposes of imposing a penalty under this section for taxable year 2014, the amount of the
			 penalty to be imposed shall not include any month ending on or before the
			 closing date of the initial open enrollment period under section
			 1311(c)(6) of the Patient Protection and Affordable Care Act for the State
			 in which the individual resides as of April 30, 2014..


 HR 3716 ENR: Pyramid Lake Paiute Tribe - Fish Springs Ranch Settlement Act
U.S. House of Representatives

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

IB
One Hundred Thirteenth Congress of the United States of AmericaAt the Second SessionBegun and held at the City of Washington on Friday, the third day of January, two thousand and fourteen
H. R. 3716

AN ACT
To ratify a water settlement agreement affecting the Pyramid Lake Paiute Tribe, and for other purposes.

1.Short title; table of contents
(a)Short titleThis Act may be cited as the Pyramid Lake Paiute Tribe - Fish Springs Ranch Settlement Act.
(b)Table of contentsThe table of contents for this Act is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Ratification of agreement.
Sec. 4. Waiver and releases of claims.
Sec. 5. Satisfaction of claims.
Sec. 6. Beneficiaries to agreement.
Sec. 7. Jurisdiction.
Sec. 8. Environmental compliance.
Sec. 9. Miscellaneous provisions.
2.DefinitionsIn this Act:
(1)Original agreementThe term Original Agreement means the Pyramid Lake Paiute Tribe Fish Springs Ranch Settlement Agreement dated May 30, 2007, entered into by the Tribe and Fish Springs (including all exhibits to that agreement).
(2)AgreementThe term Agreement means the Pyramid Lake Paiute Tribe-Fish Springs Ranch 2013 Supplement to the 2007 Settlement Agreement dated November 20, 2013, entered into by the Tribe and Fish Springs, and all exhibits to that Agreement.
(3)Environmental impact statementThe term environmental impact statement means the final environmental impact statement for the North Valleys Rights-of-Way Projects prepared by the Bureau of Land Management (70 Fed. Reg. 68473).
(4)Final payment dateThe term final payment date means 30 days after the date on which the Tribe executes the waivers, as authorized in section 4, on or before which Fish Springs shall pay to the Tribe the $3,600,000 and accumulated interest pursuant to subparagraph 4.2 of the Agreement.
(5)Fish springsThe term Fish Springs means the Fish Springs Ranch, LLC, a Nevada limited liability company (or a successor in interest).
(6)Fish springs water rightsThe term Fish Springs water rights means the 14,108 acre feet of water available to Fish Springs pursuant to certificates of water rights issued to Fish Springs or its predecessors in interest by the State Engineer for the State of Nevada, copies of which are attached as Exhibit G to the Original Agreement.
(7)Additional fish springs water rightsThe term additional Fish Springs water rights means the rights to pump and transfer up to 5,000 acre feet per year of Fish Springs water rights in excess of 8,000 acre feet per year, up to a total of 13,000 acre feet per year, pursuant to Ruling No. 3787 signed by the State Engineer for the State of Nevada on March 1, 1991, and Supplemental Ruling on Remand No. 3787A signed by the State Engineer for the State of Nevada on October 9, 1992.
(8)Honey lake valley basinThe term Honey Lake Valley Basin means the Honey Lake Valley Hydrographic Basin described as Nevada Hydrographic Water Basin 97.
(9)ProjectThe term Project means the project for pumping within Honey Lake Valley Basin and transfer outside of the basin by Fish Springs of not more than 13,000 acre feet per year of Fish Springs water rights, including—
(A)not more than 8,000 acre feet as described in the environmental impact statement (but not the Intermountain Water Supply, Ltd., Project described in the environmental impact statement) and the record of decision;
(B)up to the 5,000 acre feet of additional Fish Springs water rights; and
(C)the rights and approvals for Fish Springs to pump and transfer up to said 13,000 acre feet of groundwater per year.
(10)Record of decisionThe term record of decision means the public record of the decision of the District Manager of the United States Bureau of Land Management’s Carson City District in the State of Nevada issued on May 31, 2006, regarding the environmental impact statement and the Project.
(11)SecretaryThe term Secretary means the Secretary of the Interior (or a designee of the Secretary).
(12)TribeThe term Tribe means the Pyramid Lake Paiute Tribe of Indians organized under section 16 of the Act of June 18, 1934 (commonly known as the Indian Reorganization Act; 25 U.S.C. 476).
(13)Truckee river operating agreementThe term Truckee River Operating Agreement means—
(A)the September 6, 2008, Truckee River Operating Agreement negotiated for the purpose of carrying out the terms of the Truckee-Carson-Pyramid Lake Water Rights Settlement Act (Public Law 101–618); and
(B)any final, signed version of the Truckee River Operating Agreement that becomes effective under the terms of the Truckee-Carson-Pyramid Lake Water Rights Settlement Act.
3.Ratification of agreement
(a)In generalExcept to the extent that a provision of the Agreement conflicts with this Act, the Agreement is authorized and ratified.
(b)Waiver and retention of claimsNotwithstanding any provision of the Agreement, any waiver or retention of a claim by the Tribe relating to the Agreement shall be carried out in accordance with section 4.
(c)Compliance with applicable lawThis section, the Original Agreement, and the Agreement satisfy all applicable requirements of section 2116 of the Revised Statutes (25 U.S.C. 177).
4.Waiver and releases of claims
(a)Waiver and release of claims by tribe against fish springsIn return for benefits to the Tribe as set forth in the Original Agreement, the Agreement, and this Act, the Tribe, on behalf of itself and the members of the Tribe, is authorized to execute a waiver and release against Fish Springs of the following:
(1)All rights under Federal, State, and other law to challenge the validity, characteristics, or exercise of the Project or use of Fish Springs water rights (including additional Fish Springs water rights), including the right to assert a senior priority against or to place a call for water on the Project or Fish Springs water rights (including additional Fish Springs water rights) regardless of the extent to which the Tribe has a water right or in the future establishes a water right that is senior to the Project or Fish Springs water rights (including additional Fish Springs water rights).
(2)All claims for damages, losses, or injuries to the Tribe’s water rights or claims of interference with, diversion of, or taking of the Tribe’s water rights, including—
(A)claims for injury to lands or resources resulting from such damages, losses, injuries, or interference with, diversion of, or taking of tribal water rights under the Agreement or Original Agreement; and
(B)claims relating to the quality of water underlying the Pyramid Lake Indian Reservation that are related to use of Fish Springs water rights (including additional Fish Springs water rights) by the Project or the implementation or operation of the Project in accordance with the Agreement or Original Agreement.
(3)All claims that would impair, prevent, or interfere with one or more of the following:
(A)Implementation of the Project pursuant to the terms of the Agreement or Original Agreement.
(B)Deliveries of water by the Project pursuant to the terms of—
(i)the Agreement;
(ii)the Original Agreement; or
(iii)the February 28, 2006, Water Banking Trust Agreement between Washoe County and Fish Springs.
(C)Assignments of water rights credits pursuant to the terms of the February 28, 2006, Water Banking Trust Agreement between Washoe County and Fish Springs.
(4)All claims against Fish Springs relating in any manner to the negotiation or adoption of the Agreement or the Original Agreement.
(b)Reservation of rights and retention of claims by tribe against fish springsThe Tribe, on its own behalf and on behalf of the members of the Tribe, shall retain against Fish Springs the following:
(1)All claims for enforcement of the Agreement, the Original Agreement or this Act through such remedies as are available in the U.S. District Court for the District of Nevada.
(2)Subject to the right of Fish Springs to carry out the Project, and subject to the waiver and release by the Tribe in subsection (a)—
(A)the right to assert and protect any right of the Tribe to surface or groundwater and any other trust resource, including the right to assert a senior priority against or to place a call for water on any water right other than against the Project or Fish Springs water rights;
(B)all rights to establish, claim or acquire a water right in accordance with applicable law and to use and protect any water right acquired after the date of the enactment of this Act that is not in conflict with the Agreement, the Original Agreement or this Act; and
(C)all other rights, remedies, privileges, immunities, powers, and claims not specifically waived and released pursuant to this Act and the Agreement.
(3)The right to enforce—
(A)the Tribe’s rights against any party to the Truckee River Operating Agreement;
(B)the Tribe’s rights against any party to the Truckee River Water Quality Settlement Agreement; and
(C)whatever rights exist to seek compliance with any permit issued to any wastewater treatment or reclamation facility treating wastewater generated by users of Project water.
(4)The right to seek to have enforced the terms of any permit or right-of-way across Federal lands issued to Fish Springs for the Project and Project water.
(c)Waiver and release of claims by the tribe against the united statesIn return for the benefits to the Tribe as set forth in the Agreement, the Original Agreement, and this Act, the Tribe, on behalf of itself and the members of the Tribe, is authorized to execute a waiver and release of all claims against the United States, including the agencies and employees of the United States, related to the Project and Fish Springs water rights (including additional Fish Springs water rights) that accrued at any time before and on the date that Fish Springs makes the payment to the Tribe as provided in Paragraph 4 of the Agreement for damages, losses or injuries that are related to—
(1)the Project, Fish Springs water rights (including additional Fish Springs water rights), and the implementation, operation, or approval of the Project, including claims related to—
(A)loss of water, water rights, land, or natural resources due to loss of water or water rights (including damages, losses, or injuries to hunting, fishing, and gathering rights due to loss of water, water rights or subordination of water rights) resulting from the Project or Fish Springs water rights (including additional Fish Springs water rights);
(B)interference with, diversion, or taking of water resulting from the Project; or
(C)failure to protect, acquire, replace, or develop water, water rights, or water infrastructure as a result of the Project or Fish Springs water rights (including additional Fish Springs water rights);
(2)the record of decision, the environmental impact statement, the Agreement or the Original Agreement;
(3)claims the United States, acting as trustee for the Tribe or otherwise, asserted, or could have asserted in any past proceeding related to the Project;
(4)the negotiation, execution, or adoption of the Agreement, the Original Agreement, or this Act;
(5)the Tribe’s use and expenditure of funds paid to the Tribe under the Agreement or the Original Agreement;
(6)the Tribe’s acquisition and use of land under the Original Agreement; and
(7)the extinguishment of claims, if any, and satisfaction of the obligations of the United States on behalf of the Tribe as set forth in subsection (e).
(d)Reservation of rights and retention of claims by tribe against the united statesNotwithstanding the waivers and releases authorized in this Act, the Tribe, on behalf of itself and the members of the Tribe, shall retain against the United States the following:
(1)All claims for enforcement of this Act through such legal and equitable remedies as are available in the U.S. District Court for the District of Nevada.
(2)The right to seek to have enforced the terms of any permit or right-of-way across Federal lands issued to Fish Springs for the Project and Project water.
(3)Subject to the right of Fish Springs to carry out the Project, all other rights, remedies, privileges, immunities, powers, and claims not specifically waived and released pursuant to this Act and the Agreement.
(e)Extinguishment of waived and released claimsUpon execution of the waiver and releases by the Tribe pursuant to subsections (a) and (c) and upon final payment by Fish Springs pursuant to the terms of the Agreement, the United States acting on behalf of the Tribe shall have no right or obligation to bring or assert any claims waived and released by the Tribe as set forth in subsection (a). Upon the effective date of the waivers and releases of claims authorized, the waived and released claims as set forth in subsection (a) are extinguished.
(f)No united states liability for waived claimsThe United States shall bear no liability for claims waived and released by the Tribe pursuant to this Act.
(g)United states reservation of rightsNothing in this Act shall affect any rights, remedies, privileges, immunities, or powers of the United States, including the right to enforce the terms of the right-of-way across Federal lands for the Project granted by the Secretary to Fish Springs pursuant to the Federal Lands Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), with the exception that the United States may not assert any claim on the Tribe’s behalf that is extinguished pursuant to subsection (e).
(h)Effective date of waivers and releases of claimsThe waivers and releases authorized under subsections (a) and (c) shall take effect on the day Fish Springs makes the payment to the Tribe as provided in subparagraph 4.2 of the Agreement.
5.Satisfaction of claims
(a)In generalThe benefits provided to the Tribe under the Agreement, the Original Agreement, and this Act shall be considered to be full satisfaction of all claims of the Tribe waived and released pursuant to section 4 and pursuant to the Original Agreement and any claims the United States might make on behalf of the Tribe that are extinguished pursuant to section 4.
(b)Effect of failure To execute waivers and releasesIf the Tribe fails to execute the waivers and releases as authorized by this Act within 60 days after the date of the enactment of this Act, this Act and the Agreement shall be null and void.
6.Beneficiaries to agreement
(a)RequirementThe beneficiaries to the Agreement shall be limited to—
(1)the parties to the Agreement;
(2)any municipal water purveyor that provides Project water for wholesale or retail water service to the area serviced by the Project;
(3)any water purveyor that obtains the right to use Project water for purposes other than serving retail or wholesale customers; and
(4)any assignee of Water Rights Credits for Project water pursuant to the terms of the February 28, 2006, Water Banking Trust Agreement between Washoe County and Fish Springs.
(b)ProhibitionExcept as provided in subsection (a), nothing in the Agreement or this Act provides to any individual or entity third-party beneficiary status relating to the Agreement.
7.JurisdictionJurisdiction over any civil action relating to the enforcement of the Agreement, the Original Agreement, or this Act shall be vested in the United States District Court for the District of Nevada.
8.Environmental complianceNothing in this Act precludes the United States or the Tribe, when delegated regulatory authority, from enforcing Federal environmental laws, including—
(1)the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) including claims for damages for harm to natural resources;
(2)the Safe Drinking Water Act (42 U.S.C. 300f et seq.);
(3)the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.);
(4)the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.); and
(5)any regulation implementing one or more of the Acts listed in paragraphs (1) through (4).
9.Miscellaneous provisions
(a)No establishment of standardNothing in this Act establishes a standard for the quantification of a Federal reserved water right or any other claim of an Indian tribe other than the Tribe in any other judicial or administrative proceeding.
(b)Other claimsNothing in the Agreement, the Original Agreement, or this Act quantifies or otherwise adversely affects any water right, claim, or entitlement to water, or any other right of any Indian tribe, band, or community other than the Tribe.
 Speaker of the House of Representatives.Vice President of the United States and President of the Senate.