SECTION 1. SHORT TITLE. This Act may be cited as the ``Ballistic Missile Defense Act of 1996''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Short-range theater ballistic missiles threaten United States Armed Forces wherever engaged abroad. Therefore, the expeditious deployment of theater missile defenses to intercept ballistic missiles at greater ranges and higher altitudes is the highest priority among all ballistic missile defense programs. (2) The United States is developing defensive systems to protect the United States against the threat of limited ballistic missile attacks. Ground-based defensive systems are attainable, compliant with the ABM Treaty, more affordable than spaced-based interceptors or space-based lasers, and can protect all of the United States from limited ballistic missile attack. (3) Defending against ballistic missile attacks upon our national territory requires not only missile defenses but arms control agreements and nonproliferation measures that lower the threat and curb the spread of ballistic missile technology. (4) The massive retaliatory capability of the United States deterred the Soviet Union, and any other nation, from launching an attack by intercontinental ballistic missiles throughout the Cold War. The Nuclear Posture Review conducted by the Department of Defense affirms the effectiveness of deterrence now and into the future. While the threat of intentional attack upon the United States has receded, the risk of an accidental or unauthorized attack by Russia or China remains but is remote. (5) United States arms control agreements (notably the START I Treaty and the START II Treaty, once implemented) will lower the threat to the United States from large-scale nuclear attack. The START I Treaty, when fully implemented, will reduce deployed warheads by over 40 percent below 1990 levels. By the end of 1996, only Russia, among the states of the former Soviet Union, will deploy nuclear weapons. The START II Treaty, if implemented, will reduce warheads deployed in Russia by 66 percent below their levels before the Start I Treaty. (6) As strategic offensive weapons are reduced, the efficacy and affordability of defensive systems increases, raising the possibility of deterrence based upon effective defenses rather than deterrence based solely upon threat of massive retaliation. (7) Countries hostile to the United States (such as Iraq, Iran, North Korea, and Libya) have manifested an interest in developing ballistic missiles capable of reaching the United States. These countries may accelerate the development of long- range missiles if they receive external support, but in the absence of outside assistance, newly emerging threats may take as long as 15 years to mature, according to recent intelligence estimates. (8) The Nuclear Non-Proliferation Treaty, the Missile Technology Control Regime, the Biological and Chemical Weapons Convention, and continuing United States efforts to enforce export controls will prevent or delay external assistance needed by those countries to develop intercontinental ballistic missiles and weapons of mass destruction. (9) The ABM Treaty has added to strategic stability by restraining the requirement on both sides for strategic weapons. At the summit in May 1995, the President of the United States and the President of Russia each reaffirmed his country's commitment to the ABM Treaty. (10) Abrogating the ABM Treaty to deploy a noncompliant system will not add to strategic stability if it impedes implementation of the START I or START II Treaty. Without the removal of strategic weapons scheduled by both treaties, the consequences and risks of unauthorized or accidental launches will remain undiminished, as will the potential threat of a large-scale attack capable of overwhelming any defenses deployed. (11) If the nuclear arsenal of the United States must be maintained at START I levels, significant unbudgeted costs will be incurred, encroaching on funds for ballistic missile defenses and other defense requirements. (12) Should arms control, nonproliferation efforts, and deterrence fail, the United States must be able to defend itself against limited ballistic missile attack. (13) Missile defense systems consistent with the ABM Treaty are capable of defending against limited ballistic missile attack. Should a national missile defense system require modification of the ABM Treaty, the treaty establishes the means for the parties to amend the treaty, which the parties have used in the past. SEC. 3. NATIONAL MISSILE DEFENSE POLICY. (a) In General.--It is the policy of the United States to develop by the year 2000 a National Missile Defense System that can be deployed in 2003. (b) Capability of System.--The National Missile Defense System to be developed pursuant to subsection (a) shall be capable, when deployed, of providing a highly effective defense of the United States against limited ballistic missile attacks. (c) Testing Before Deployment.--The system developed pursuant to subsection (a) shall be rigorously tested during development. (d) Improvements.--If a decision to deploy the system developed pursuant to subsection (a) is not made by the end of the year 2000, the Secretary of Defense shall ensure that the system is improved by incorporation of evolving technology to increase effectiveness and reduce costs of a subsequent deployment, and that rigorous testing continues. SEC. 4. BALLISTIC MISSILE DEFENSE PRIORITIES. The following, in the order listed, shall be the policy of the United States with respect to the priority for development and deployment of ballistic missile defense programs: (1) First, maintaining the operational readiness of the Armed Forces, including a good quality of life for servicemembers and their families, and modernization of weapons systems to ensure mission effectiveness in the future. (2) Second, as part of such modernization, completing the development and deployment of essential theater missile defense (TMD) systems as soon as practicable. (3) Third, developing by the year 2000 for deployment in the year 2003 the system referred to in section 3 and section 5(b) and developing for deployment as soon as practicable the space-based sensors described in section 5(c). SEC. 5. NATIONAL MISSILE DEFENSE SYSTEM ARCHITECTURE. (a) Requirement for National Missile Defense Program.--To implement the policy established in section 3, the Secretary of Defense shall initiate a National Missile Defense Program, which shall position the United States, by the end of the year 2000, to be capable of deploying a National Missile Defense system, as described in section 3(b), within three years. (b) Elements of the NMD Program.--The National Missile Defense Program shall include the following elements: (1) A ground-based interceptor system that provides coverage of the continental United States (including Alaska) and Hawaii. (2) Fixed ground-based radars. (3) Space-based sensors. (4) Battle management, command, control and communications (BM/C<SUP>3). SEC. 6. IMPLEMENTATION OF NMD PROGRAM. The Secretary of Defense shall-- (1) initiate plans and actions necessary to meet the deployment readiness goals specified in section 5(a); (2) conduct rigorous integrated system testing using elements representative of the National Missile Defense architecture referred to in section 5(b); (3) prescribe and use streamlined acquisition policies and procedures, in accordance with existing law, to reduce the cost and increase the efficiency of developing the system referred to in section 5(b); and (4) develop technologies that have the potential of improving the National Missile Defense system prescribed in section 5(b). SEC. 7. REPORTING REQUIREMENT. Not later than March 15, 1997, the Secretary of Defense shall submit to Congress a report on the Secretary's plan for the National Missile Defense Program required by this Act. The report shall include the following matters: (1) The Secretary's plan for carrying out this Act, including-- (A) a detailed description of the system architecture selected for development under section 5(b); and (B) a justification of the architecture selected and reasons for the rejection of the other candidate architectures. (2) The Secretary's estimate of the amount of appropriations required for research, development, test, evaluation, and for procurement, for each of fiscal years 1997 through 2003 in order to achieve an initial operational capability in 2003. (3) A description of promising technologies to be pursued in accordance with the requirements of section 6(4). (4) A determination of the point at which any activity that is required to be carried out under this Act would conflict with the terms of the ABM Treaty, together with a description of any such activity, the legal basis for the Secretary's determination, and an estimate of the time at which such point would be reached in order to meet an initial operating capability in the year 2003. SEC. 8. POLICY REGARDING REDUCTION OF THE THREAT TO THE UNITED STATES FROM WEAPONS OF MASS DESTRUCTION. (a) Measures To Address Threats From Weapons of Mass Destruction.-- In order to defend against weapons of mass destruction by preventing the spread of fissile materials and other components of weapons of mass destruction, the President shall-- (1) enhance efforts, both unilaterally and in cooperation with other nations, to prevent terrorist organizations from obtaining and using weapons of mass destruction; (2) expedite United States efforts to assist the Governments of the Russian Federation, Ukraine, Belarus, and Kazakhstan, as appropriate, in improving the safety, security, and accountability of fissile materials and nuclear warheads; (3) undertake additional steps to prevent weapons of mass destruction and their components from being smuggled into the United States, through the use of improved security devices at United States ports of entry, increased numbers of Border Patrol agents, increased monitoring of international borders, and other appropriate measures; (4) seek the widest possible international adherence to the Missile Technology Control Regime and pursue to the fullest other export control measures intended to deter and counter the spread of weapons of mass destruction and their components; and (5) enhance conventional weapons systems to ensure that the United States possesses effective deterrent and counterforce capabilities against weapons of mass destruction and their delivery systems. (b) Measures To Address Threats From ICBMs.--In order to reduce the threat to the United States from weapons of mass destruction delivered by intercontinental ballistic missiles, including accidental or unauthorized launches, the President shall-- (1) urge the Government and Parliament of the Russian Federation to ratify the START II Treaty as soon as possible, permitting its expeditious entry into force; (2) pursue with the Government of the Russian Federation, after START II entry-into-force, a symmetrical program of early deactivation of strategic forces to be eliminated under START II; and (3) work jointly with countries possessing intercontinental ballistic missiles to improve command and control technology and operations to the maximum extent practicable. (c) Department of Defense Program.--Consistent with, and in order to compelement, the steps to be taken by the President under subsection (a)(3), the Secretary of Defense shall carry out a program to enhance the capabilities of the United States relating to the threat to the United States of a chemical or biological weapons attack inside the United States by unconventional means. In carrying out such program, the Secretary shall take into consideration the assessments and recommendations of the task force established under subsection (d). The activities to be carried out by the Secretary under the program shall include the following: (1) Research, development, test, and evaluation of technologies relating to any of the following: (A) Detection of chemical or biological weapons. (B) Interception of such weapons. (C) Protection against such weapons. (D) Response to an attack inside the United States using such weapons. (E) Decontamination of areas affected by an attack using such weapons. (2) Training of personnel for the activities specified in subparagraphs (A) through (E) of paragraph (1). (3) Identification of Federal equipment and technologies that can be transferred from one Federal agency to another agency or to State and local agencies consistent with the purposes of the program under this subsection. (d) Interagency Task Force.--(1) There is hereby established in the executive branch an interagency task force to assess, and make recommendations concerning, the capabilities of the United States relating to the threat of a chemical or biological weapons attack inside the United States by unconventional means. (2) The task force shall on an ongoing basis assess the current state of the United States with respect to each of the following and shall identify and recommend potential improvements: (A) The nature of the threat to the United States of a chemical or biological weapons attack inside the United States by unconventional means. (B) Capabilities related to detection and interception of such weapons or the possibility of such an attack. (C) Capabilities related to protection against the effects of such an attack. (D) Capabilities related to preparedness for, and response to, such an attack. (E) Capabilities related to decontamination following such an attack. (F) Public education concerning the dangers of such an attack and the appropriate response to such an attack. (3) Membership of the task force shall include representatives of the following departments and agencies: (A) The Department of Defense. (B) The Central Intelligence Agency, but only with respect to assessment of the nature of the threat. (C) The Department of Justice, including the Federal Bureau of Investigation and the Immigration and Naturalization Service. (D) The Federal Emergency Management Agency. (E) The Department of the Treasury, including the Customs Service and the Bureau of Alcohol, Tobacco, and Firearms. (F) The Department of Health and Human Services, including the Centers for Disease Control. (4) In carrying out its activities, the task force shall consult regularly with, and shall seek the views of, representatives of-- (A) State and local government law enforcement authorities; and (B) State and local government emergency planning authorities. (5) Administrative support for the task force shall be provided by the Secretary of Defense. (e) Annual Report.--The President shall submit to Congress an annual report on actions by the United States to comply with the provisions of this section. The first such report shall be submitted not later than 180 days after the date of the enactment of this Act. SEC. 9. POLICY REGARDING THE ABM TREATY. (a) In General.--The President shall-- (1) carry out the policies, programs, and requirements of this Act in a manner consistent with the ABM Treaty or through processes specified within the ABM Treaty; (2) at an appropriate time, seek amendments to the ABM Treaty, as provided in Articles XIII and XIV of the Treaty, if such amendments are required to deploy the National Missile Defense system prescribed in section 5; and (3) treat any negotiated amendment to the ABM Treaty as having entered into force only if such amendment is made in the same manner as a treaty (including the requirement that ratification by the United States is subject to the advice and consent of the Senate). (b) Modifications Restricting TMD Systems.--The United States shall not be bound by any amendment or other substantive modification to the ABM treaty that restricts theater ballistic missile defense systems unless-- (1) that system is actually flight-tested against a ballistic missile that exceeds (A) a range of 3,500 kilometers, or (B) a velocity of 5 kilometers per second; or (2) the agreement for such modification is made pursuant to the requirements of section 235 of the National Defense Authorization Act for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 231). SEC. 10. ABM TREATY DEFINED. For purposes of this Act, the term ``ABM Treaty'' means the Treaty between the United States and the Union of Soviet Socialist Republics on the Limitation of Anti-Ballistic Missile Systems, signed at Moscow on May 26, 1972, and includes Protocols to that Treaty signed at Moscow on July 3, 1974, and all Agreed Statements and amendments to such Treaty in effect.

Summary: Ballistic Missile Defense Act of 1996 - Declares that it is U.S. policy to develop by the year 2000 a National Missile Defense System (System) that: (1) can be deployed in 2003; (2) shall be capable of providing a highly effective defense of the United States against limited ballistic missile attacks; and (3) shall be rigorously tested during development. Sets forth, in the following order, U.S. policy regarding the priority for the development and deployment of ballistic missile defense programs: (1) maintaining the operational readiness of the armed forces and modernization of weapon systems to ensure mission effectiveness in the future; (2) completing the development and deployment of essential theater missile defense systems; and (3) developing the System by the year 2000 for deployment in the year 2003 and developing space-based sensors. Directs the Secretary, in order to implement that policy, to initiate a National Missile Defense Program which shall include: (1) a ground-based interceptor system that provides coverage of the continental United States (including Alaska) and Hawaii; (2) fixed ground-based radars; (3) space-based sensors; and (4) battle management, command, control, and communications. Specifies Program implementing and reporting requirements. Requires the President to take specified actions to: (1) defend against weapons of mass destruction by preventing the spread of fissile materials and other components; (2) reduce the threat to the United States from such weapons delivered by intercontinental ballistic missiles (including by urging Russia to ratify the START II Treaty); and (3) carry out a program to enhance U.S. capabilities relating to the threat to the United States of a chemical or biological weapons attack inside the United States by unconventional means (establishes in the executive branch an interagency task force to assess and make recommendations concerning such capabilities). Requires the President to: (1) carry out requirements of this Act in a manner consistent with the ABM Treaty; (2) seek Treaty amendments necessary to deploy the System; and (3) treat any negotiated Treaty amendment as having entered into force only if it is made in the same manner as a treaty. Specifies conditions to be satisfied in order for Treaty modifications restricting theater ballistic missile defense systems to be binding on the United States.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Land Freedom Act of 2015''. SEC. 2. FINDINGS. Congress finds that-- (1) as of the date of enactment of this Act-- (A) 113,000,000 acres of onshore Federal land are open and accessible for oil and natural gas development; and (B) approximately 166,000,000 acres of onshore Federal land are off-limits or inaccessible for oil and natural gas development; (2) despite the recent oil and natural gas boom in the United States, the number of acres of Federal land leased for oil and natural gas exploration has decreased by 24 percent since 2008; (3) in 2013, the Federal Government leased only 36,000,000 acres of Federal land, in contrast to the 131,000,000 acres that were leased in 1984; (4) the reduction in leasing of Federal land harms economic growth and Federal revenues; (5) in 2013, it took 197 days to process applications for permits to drill on Federal land; and (6) the States have extensive and sufficient regulatory frameworks for permitting oil and natural gas development. SEC. 3. DEFINITIONS. In this Act: (1) Available federal land.--The term ``available Federal land'' means any Federal land that, as of May 31, 2013-- (A) is located within the boundaries of a State; (B) is not held by the United States in trust for the benefit of a federally recognized Indian tribe; (C) is not a unit of the National Park System; (D) is not a unit of the National Wildlife Refuge System; and (E) is not a congressionally designated wilderness area. (2) State.--The term ``State'' means-- (A) a State; and (B) the District of Columbia. (3) State leasing, permitting, and regulatory program.--The term ``State leasing, permitting, and regulatory program'' means a program established pursuant to State law that regulates the exploration and development of oil, natural gas, and other forms of energy on land located in the State. SEC. 4. STATE CONTROL OF ENERGY DEVELOPMENT AND PRODUCTION ON ALL AVAILABLE FEDERAL LAND. (a) State Leasing, Permitting, and Regulatory Programs.--Any State that has established a State leasing, permitting, and regulatory program may-- (1) submit to the Secretaries of the Interior, Agriculture, and Energy a declaration that a State leasing, permitting, and regulatory program has been established or amended; and (2) seek to transfer responsibility for leasing, permitting, and regulating oil, natural gas, and other forms of energy development from the Federal Government to the State. (b) State Action Authorized.--Notwithstanding any other provision of law, on submission of a declaration under subsection (a)(1), the State submitting the declaration may lease, permit, and regulate the exploration and development of oil, natural gas, and other forms of energy on Federal land located in the State in lieu of the Federal Government. (c) Effect of State Action.--Any action by a State to lease, permit, or regulate the exploration and development of oil, natural gas, and other forms of energy pursuant to subsection (b) shall not be subject to, or considered a Federal action, Federal permit, or Federal license under-- (1) subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the ``Administrative Procedure Act''); (2) the National Historic Preservation Act (16 U.S.C. 470 et seq.); (3) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); or (4) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). SEC. 5. NO EFFECT ON FEDERAL REVENUES. (a) In General.--Any lease or permit issued by a State pursuant to section 4 shall include provisions for the collection of royalties or other revenues in an amount equal to the amount of royalties or revenues that would have been collected if the lease or permit had been issued by the Federal Government. (b) Disposition of Revenues.--Any revenues collected by a State from leasing or permitting on Federal land pursuant to section 4 shall be deposited in the same Federal account in which the revenues would have been deposited if the lease or permit had been issued by the Federal Government. (c) Effect on State Processing Fees.--Nothing in this Act prohibits a State from collecting and retaining a fee from an applicant to cover the administrative costs of processing an application for a lease or permit.

Summary: Federal Land Freedom Act of 2015 This bill permits a state that has an established leasing, permitting, and regulatory program to: (1) declare to the Secretaries of the Interior, of Agriculture, and of Energy that it has either established or amended the program; and (2) seek to transfer to itself, and to implement, existing federal responsibilities for leasing, permitting, and regulating oil, natural gas, and other forms of energy development. Any state action to lease, permit, or regulate oil and gas exploration and development shall not be subject to, or considered, a federal action, a federal permit, or a federal license with respect to specified administrative and environmental laws and is therefore exempt from them. State-issued leases or permits must provide for: (1) the collection of royalties or other revenues in an amount equal to what would have been collected if the lease or permit had been federally issued, and (2) their deposit into the same federal account in which they would have been deposited if the lease or permit had been federally issued. A state may collect and retain lease or permit application processing fees.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Pink Tax Repeal Act''. SEC. 2. PROHIBITION ON GENDER-BASED PRICING OF CONSUMER PRODUCTS AND SERVICES. (a) Prohibited Practices.-- (1) Consumer products.--It shall be unlawful for any person to sell or offer for sale in interstate commerce any two consumer products from the same manufacturer that are substantially similar if such products are priced differently based on the gender of the individuals for whose use the products are intended or marketed. (2) Services.--It shall be unlawful for any person to sell or offer for sale any services that are substantially similar if such services are priced differently based on the gender of the individuals for which the services are performed, offered, or marketed. (b) Unfair and Deceptive Act or Practice.--A violation of subsection (a) shall be treated as a violation of a rule prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) defining an unfair or deceptive act or practice in or affecting interstate commerce. (c) Enforcement.-- (1) Federal trade commission.--The Federal Trade Commission shall enforce this section in the same manner, by the same means, and with the same jurisdiction as though all applicable terms and provisions of the Federal Trade Commission Act were incorporated into and made a part of this Act. (2) State attorneys general.-- (A) Civil action.--In any case in which the attorney general of a State has reason to believe that an interest of the residents of that State has been or is adversely affected by a violation of subsection (a), the attorney general may, as parens patriae, bring a civil action on behalf of the residents of the State in an appropriate district court of the United States-- (i) to enjoin further violation of this Act by the defendant; (ii) to compel compliance with this Act; or (iii) obtain damages, restitution, or other compensation on behalf of residents of the State. (B) Notice to the ftc.-- (i) Notice.--Except as provided in clause (iii), the attorney general of a State shall notify the Commission in writing of any civil action under paragraph (2), prior to initiating such civil action. (ii) Contents.--The notice required by clause (i) shall include a copy of the complaint to be filed to initiate such civil action. (iii) Exception.--If it is not feasible for the attorney general of a State to provide the notice required by clause (i), the State shall provide notice immediately upon instituting a civil action under subparagraph (A). (C) Intervention by the ftc.--Upon receiving notice required by subparagraph (B) with respect to a civil action, the Commission may-- (i) intervene in such action; and (ii) upon intervening, be heard on all matters arising in such civil action and file petitions for appeal of a decision in such action. (D) Preemptive action by the ftc.--If the Commission institutes a civil action for violation of this Act, no attorney general of a State may bring a civil action under this paragraph against any defendant named in the complaint of the Commission for violation of this Act that is alleged in such complaint. (d) Rules of Construction.-- (1) Substantially similar products.--For purposes of this Act, two consumer products are substantially similar if there are no substantial differences in the materials used in the product, the intended uses of the product, and the functional design and features of the product. A difference in coloring among any consumer products shall not be construed as a substantial difference for purposes of this paragraph. (2) Substantially similar services.--For purposes of this Act, two services are substantially similar if there is no substantial difference in the amount of time to provide the services, the difficulty in providing the services, or the cost of providing the services. (e) Definition of Consumer Product.--The term ``consumer product'' has the meaning given such term in section 3 of the Consumer Product Safety Act (15 U.S.C. 2052) and includes a device or cosmetics, as such terms are defined in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321). Such term includes a child restraint system, as such term is defined in section 571.213 of title 49, Code of Federal Regulations.

Summary: Pink Tax Repeal Act This bill prohibits the sale of substantially similar services or consumer products from the same manufacturer if they are priced differently based on the gender of the individuals to whom the products are marketed or intended or for whom the services are marketed, performed, or offered. A difference in coloring among consumer products shall not be construed as a substantial difference. Violations shall be treated as unfair or deceptive act or practice under the Federal Trade Commission Act. The Federal Trade Commission and state attorneys general are authorized to enforce against such violations.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Check Cashing Act of 1995''. SEC. 2. STATE LICENSE OR REGISTRATION REQUIRED FOR CHECK CASHING BUSINESSES. (a) In General.--A person, other than a depository institution, shall not engage in business in a State as a check cashing business unless-- (1) the State has established a system for licensing or registering check cashing businesses that is approved by the Commission in accordance with section 3; (2) the person is licensed by or registered with the State under that approved State system, as applicable; and (3) the person engages in that business in accordance with the requirements under that system for licensing or registration, as applicable. (b) Penalty.--Any person that violates subsection (a) shall be subject to a civil penalty of not more than $5,000, which may be assessed by Commission. (c) Effective Date.--Subsections (a) and (b) shall take effect on the date that is 2 years after the date of the enactment of this Act. (d) Limitation on Application to Existing Businesses.--Subsections (a) and (b) shall not apply to engagement by a person in business in a State as a check cashing business in the 1-year period beginning on the date of approval of a check cashing business licensing or registration system of the State under section 3, if the person engaged in that business in the State on the date of the enactment of this Act. SEC. 3. APPROVAL OF STATE CHECK CASHING BUSINESS LICENSING OR REGISTRATION SYSTEM. (a) In General.--Any State may apply to the Commission in accordance with this section for approval of a State check cashing business licensing or registration system. (b) Requirements for Approval.--The Commission may approve a State check cashing business licensing or registration system under this section if the Commission finds that the system consists of State laws that-- (1) prohibit any person from engaging in business in the State as a check cashing business, unless the person-- (A) holds a license issued under the system, or (B) in the case of a registration system, is registered with the State under the system; (2) prohibit the issuance of a check cashing business license to a person or the registration of a person as such a business, as applicable, unless the person-- (A) identifies to the State-- (i) all persons that are officers of the business; and (ii) all persons that own or control more than 5 percent of the total ownership interest in the business; (B) complies with bonding or minimum capital requirements established by the State; (3) require that any person that engages in business in the State as a check cashing business shall-- (A) post a schedule of all fees charged for providing check cashing services, in a manner that is conspicuous to the public; (B) issue a receipt for each check cashing service provided, that shows the amount of the check or other instrument with respect to which the service is provided, the fee charged for the service, and the date the service is provided; and (C) post the name and address of the State agency responsible under State law for administering the system, in a manner that is conspicuous to the public; (4) prohibit any person from charging any fee for providing a check cashing service, that is greater than the amount of fee authorized for that service by the State; (5) establish a centralized system for filing of check cashing business licensing or registration documents, as applicable; (6) establish criteria for refusal, suspension, and revocation of check cashing business licenses or registrations, as applicable; (7) establish criminal or civil penalties (or both) for violations of the State laws; (8) ensure the submission to the Commission of any changes in the State laws described in this subsection; and (9) comply with such additional requirements as may be established by the Commission in regulations issued under subsection (f). (c) Limitation on Approval of Systems Providing Reciprocity.--The Commission may not approve a State check cashing business licensing or registration system under this section if the laws of the State authorize the licensing or registration of a person under the system, as applicable, on the basis of the person having been licensed or registered under the laws of another State and without having to comply with all requirements applicable under the laws of the State that comprise the system. (d) Submission, Review, and Approval of State Applications.-- (1) Submission of application.--A State may submit an application to the Commission for approval of a State check cashing business licensing or registration system under this section-- (A) in the 1-year period beginning on the date of the issuance of regulations under subsection (f), in the case of a State which on the date of the enactment of this Act does not prohibit, and has in effect laws that establish requirements for, the operation of a check cashing business; (B) in the 2-year period beginning on that date of issuance in the case of a State which on that date of enactment does not prohibit, and does not have in effect laws that establish requirements for, the operation of a check cashing business; or (C) in the 60-day period beginning on the date of the enactment by the State of any law that repeals a prohibition on the operation of check cashing businesses, in the case of a State which on the date of the enactment of this Act has in effect laws that prohibit the operation of all check cashing businesses. (2) Review and approval by commission.--The Commission shall, by not later than 1 year after the date of submittal of an application by a State under this subsection-- (A) approve the State system if the system complies with the requirements for approval under subsection (b); or (B) disapprove the State system, recommend to the State such changes in the system as are necessary for approval, and provide the State one additional year to make changes in State law to effect those changes. (e) Review of Changes in Approved State Systems.-- (1) General.--Not later than 1 year after the date of submission to the Commission of any change in the laws described in subsection (b) of a State that has an approved State system, the Commission shall-- (A) review the change to determine whether the change is in accordance with the requirements for approval of the system under subsection (b); (B) approve the change as being in accordance with those requirements, or disapprove the change as not being in accordance with those requirements; and (C) notify the State of that approval or disapproval, including with any notification of disapproval a description of such modifications to State law as are necessary for the system to continue to be an approved State system. (2) Subsequent review; revocation of approval.--After notifying a State under paragraph (1)(B) that the Commission disapproves a change in the approved State system of the State, the Commission shall-- (A) review any further modifications in the laws of the State that have been enacted; and (B)(i) approve the change and modifications if they are in accordance with the requirements for approval under subsection (b); or (ii) revoke the Commission's approval of the State system if they are not in accordance with those requirements. (f) Regulations and Guidelines.-- (1) In general.--Not later than 60 days after the date of the enactment of this Act, the Commission shall issue regulations and guidelines for the submission of applications and approval of State check cashing business licensing and registration systems under this section. (2) Additional requirements.--Regulations issued under this subsection may include requirements for approval of such systems in addition to the requirements under this section as the Commission considers necessary to protect persons who provide check cashing services, ensure the free flow of commerce, or protect the monetary system of the United States. (g) Rule of Construction.--This Act shall not be construed to prohibit a State from establishing, assessing, collecting, and using fees in the administration of a check cashing business licensing or registration system under this Act. SEC. 4. PROHIBITION ON REFUSAL BY INSURED DEPOSITORY INSTITUTION TO CASH GOVERNMENT CHECKS. (a) Prohibition.--An insured depository institution shall not refuse to cash a government check, and an insured credit union shall not refuse to cash a government check presented by a member of the insured credit union, if-- (1) the check is presented for cashing by an individual who is the payee of the check, and is properly endorsed by each individual who is a payee of the check; (2) the individual who presents the check for cashing provides sufficient identification; (3) the check and the identification documents required under paragraph (2) do not bear evidence of forgery, fraud, counterfeiting, alteration, or other tampering; and (4) the face value of the check is less than $2500. (b) Penalty.--An insured depository institution or insured credit union that violates subsection (a) shall be liable for a civil penalty of not more than $500 for each violation, which may be assessed by-- (1) the State agency having primary responsibility under State law for administering an approved State system; (2) the State agency having primary responsibility under State law for administering laws regulating banking, in the case of a violation in a State that does not have an approved State system; or (3) the person having responsibility under subsection (c) for enforcing this section with respect to the depository institution. (c) Enforcement.--The requirements of this section shall be enforced-- (1) under section 8 of the Federal Deposit Insurance Act (12 U.S.C. 1818) by the Office of the Comptroller of the Currency, with respect to national banks, and Federal branches and Federal agencies of foreign banks; (2) under section 8 of that Act by the Board of Governors of the Federal Reserve, with respect to member banks of the Federal Reserve System (other than national banks), branches and agencies of foreign banks (other than Federal branches, Federal agencies, and insured State branches of foreign banks), commercial lending companies owned or controlled by foreign banks, and organizations operating under section 25 or 25(a) of the Federal Reserve Act; (3) under section 8 of that Act by the Board of Directors of the Federal Deposit Insurance Corporation, with respect to banks insured by the Federal Deposit Insurance Corporation (other than members of the Federal Reserve System) and insured State branches of foreign banks; (4) under section 8 of that Act by the Director of the Office of Thrift Supervision, with respect to any savings association the deposits of which are insured by the Federal Deposit Insurance Corporation; (5) under the Federal Credit Union Act (12 U.S.C. 1752 et seq.) by the Administrator of the National Credit Union Administration, with respect to any insured credit union; and (6) under the Farm Credit Act of 1971 (12 U.S.C. 2001 et seq.) by the Farm Credit Administration, with respect to any Federal land bank, Federal land bank association, Federal intermediate credit bank, or production credit association. (d) Rules of Construction.--This section shall not be construed to-- (1) prohibit an insured depository institution from charging fees to cash Government checks; or (2) prohibit or preempt a State from establishing requirements or limitations with respect to the charging of fees by insured depository institutions for check cashing services, that are different than State requirements or limitations that apply to persons that are not insured depository institutions. SEC. 5. DISPENSING OF FEDERAL AND STATE GOVERNMENT BENEFITS BY COMMUNITY DEVELOPMENT CREDIT UNIONS. (a) Limitation on Authority of National Credit Union Administration.--The National Credit Union Administration Board may not prohibit any Federally chartered credit union from dispensing benefits under any Federal or State assistance program (including benefits under the Aid to Families with Dependent Children program under title IV of the Social Security Act (42 U.S.C. 601 et seq.)) that are authorized to be dispensed by a check cashing service. (b) Study.--After the date that is 2 years after the date of the enactment of this Act, and not later than 3 years after that date of enactment, the Comptroller General of the United States shall conduct a study and submit a report to the Congress on the effectiveness and efficiency of the dispensation of benefits under Federal and State assistance programs (including benefits under the aid to families with dependent children program under title IV of the Social Security Act (42 U.S.C. 601 et seq.) through federally chartered credit unions. SEC. 6. STUDY OF DEBIT CARD SYSTEMS OF BENEFIT PAYMENTS AND BENEFIT CHECK DELIVERY. Not later than 9 months after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a study and submit a report to the Congress on-- (1) the effects of requiring the use of a debit card system for making all benefit payments by the Federal Government; and (2) other innovative ways to enhance and upgrade the current methods by which the Federal Government delivers benefit payment checks. SEC. 7. DEFINITIONS. (a) In General.--As used in this Act-- (1) the term ``approved State system'' means a State check cashing business license or registration system that is approved by the Commission under section 3; (2) the term ``check cashing business'' means a person that regularly and primarily engages in the business of providing any check cashing service for a fee and not in exchange for goods or services; (3) the term ``check cashing service'' means-- (A) the issuance, redemption, or cashing of a 2- party or multi-party check or similar negotiable instrument; (B) the sale, redemption, or cashing of a travelers check, money order, or similar negotiable instrument by an agent of the issuer of the instrument that is authorized to do so; or (C) the transmittal of money by wire, in any form or by any method or manner; (4) the term ``Commission'' means the Federal Trade Commission; (5) the term ``depository institution'' has the meaning given that term in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813(c)); (6) the term ``Federally chartered credit union'' means a credit union having an organization certificate approved by the National Credit Union Board under section 102 of the Federal Credit Union Act (123 U.S.C. 1752a); (7) the term ``government check'' means any check issued by the United States or any agency of the United States; (8) the term ``insured depository institution'' has the meaning given that term in section 3(c) of the Federal Deposit Insurance Act (12 U.S.C. 1813(c)); (9) the term ``insured credit union'' has the meaning given that term in section 101(7) of the Federal Credit Union Act (12 U.S.C. 1752(7)); (10) the term ``State'' means the 50 States, the District of Columbia, and the territories and possessions of the United States; and (11) the term ``sufficient identification'' means-- (A) a valid driver's license that bears the name and address of the person providing the license as identification; (B) a valid photo-identification card issued by a State or Federal agency; or (C) a valid United States passport. (b) Terms Relating to Enforcement of Section 4.--A term used in section 4 that is not defined in this Act shall have the meaning given that term by-- (1) section 3(s) of the Federal Deposit Insurance Act (12 U.S.C. 1813(s)); or (2) in the case of a term not defined in the Act referred to in paragraph (1), section 1(b) of the International Banking Act of 1978 (12 U.S.C. 3101).

Summary: Check Cashing Act of 1995 - Requires any person other than a depository institution to obtain a State license or registration as a prerequisite to conducting a check cashing business. Prescribes guidelines under which the Federal Trade Commission may approve a State check cashing business licensing or registration system. Cites circumstances under which an insured depository institution or (with respect to its members) credit union may not refuse to cash a government check presented by a payee. Declares that the National Credit Union Administration Board may not prohibit any federally chartered (community development) credit union from dispensing benefits under a Federal or State assistance program that are authorized to be dispensed by a check cashing service. Directs the Comptroller General to study and report to the Congress on: (1) the effectiveness of the dispensation of benefits under Federal and State assistance programs through federally chartered credit unions; and (2) the effects of requiring the use of a debit card system for making all federal benefit payments, as well as other innovative ways to upgrade current methods by which the Federal Government delivers benefit payment checks.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Neighborhood Integrity and Responsibility Act''. SEC. 2. RENT REASONABLENESS TEST. (a) Housing Certificate Program.--Section 8(c)(2) of the United States Housing Act of 1937 (42 U.S.C. 1437f(c)(2)) is amended by adding at the end the following new subparagraph: ``(D)(i) Each public housing agency administering assistance provided under the housing certificate program under this section shall ensure that the rent charged for each dwelling unit assisted by the agency is reasonable in comparison with rents charged for comparable unassisted units available in the private residential rental market, by-- ``(I) reviewing all rents for units under consideration by families assisted under the certificate program; and ``(II) reviewing all rent increases for units under lease by families assisted under such program. If an agency determines that the rent (or rent increase) for a unit is not reasonable, the agency shall disapprove a lease for such unit. ``(ii) For purposes of this subparagraph, rent comparisons shall be conducted by comparing the rent of the assisted dwelling unit with the rent of comparable unassisted units that are located in a geographical area, determined by the agency and approved by the Secretary that-- ``(I) is geographically smaller than the applicable housing area used for the establishment of fair market rentals under paragraph (1); ``(II) has a continuous boundary; and ``(III) exhibits a commonality of geographic, demographic, housing, or other characteristics that make it appropriate for use under this subparagraph, including characteristics such as consisting of a recognized or identifiable neighborhood or geographic area, proximity to or identification with a particular location, structure, or feature, having a population with similar incomes, or containing housing a significant portion of which is similar in age, cost, type, or design.''. (b) Housing Voucher Program.--The last sentence of paragraph (10) of section 8(o) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)(10)) is amended by striking ``may'' and inserting ``shall''. (c) Condition on Receipt of Administrative Fees.--Section 8(q) of the United States Housing Act of 1937 (42 U.S.C. 1437f(q)) is amended by adding at the end the following new paragraph: ``(5) Notwithstanding any other provision of this subsection, the fee under this subsection attributable to any dwelling unit for any fiscal year may be paid to the public housing agency only if the agency has complied, during the preceding fiscal year, with the requirement under subsection (c)(2)(D) or (o)(10), as applicable, to such dwelling unit.''. SEC. 3. LIMITATION ON ASSISTED UNITS OWNED BY SINGLE OWNER. Section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) is amended by inserting after subsection (k) the following new subsection: ``(l) Ownership Limitation.-- ``(1) In general.--Except as provided in paragraphs (2) and (3), a single public housing agency may not provide tenant- based assistance under this section for more than 5 dwelling units that are owned by any single owner. ``(2) Waiver.--A public housing agency may waive the applicability of the limitation under paragraph (1) with respect to an owner if the agency determines that all dwelling units owned by such owner and assisted or to be assisted with tenant-based assistance under this section are, at that time, in compliance with housing quality standards established by the Secretary for purposes of this section and any applicable State or local laws relating to housing habitability, construction, maintenance, safety, health, and sanitation. ``(3) Protection of current owners.-- ``(A) In general.--If, at any time, a single owner owns more than 5 protected dwelling units, such protected dwelling units in excess of 5 shall not be considered at such time for purposes of applying the numerical limitation under paragraph (1) to such owner. ``(B) Protected dwelling units.--A dwelling unit shall be considered to be a protected dwelling unit at any time for purposes of this paragraph only if the dwelling unit, at that time, is occupied by a tenant who-- ``(i) is an assisted family on whose behalf tenant-based assistance under this section is provided; ``(ii) on the date of the enactment of the Neighborhood Integrity and Responsibility Act occupied such unit and, at such time, was assisted with tenant-based assistance under this section; and ``(iii) has, without interruption since such date of enactment, continued to occupy such unit and continued to be assisted with such assistance. ``(4) Owner.--The Secretary shall issue regulations defining the term `single owner' for purposes of this subsection. The regulations shall provide that, with respect to any person or entity, any other person or entity owned or controlled by such person or entity (including any such affiliate or subsidiary of such person or entity) shall be considered a single owner for purposes of this subsection.''. SEC. 4. RENT PAID BY ASSISTED FAMILIES. (a) Exceptions to General Rent Rule.--Section 3(a)(1) of the United States Housing Act of 1937 (42 U.S.C. 1437a(1)) is amended in the matter preceding subparagraph (A) by striking ``section 8(c)(3)(B)'' and inserting ``subparagraph (B) or (C) of section 8(c)(3)''. (b) Tenant Rent Payment Under Certificate Program.--Section 8(c)(3) of the United States Housing Act of 1937 (42 U.S.C. 1437f(c)(3)) is amended-- (1) in the first sentence of subparagraph (A), by inserting before the period at the end the following: ``or subparagraph (B) or (C) of this paragraph, as applicable''; and (2) in subparagraph (B)(i), by striking the matter that precedes clause I and inserting the following: ``(B)(i) Notwithstanding section 3(a)(1) and subparagraph (B) of this paragraph, a family receiving tenant-based assistance under subsection (b) may pay for rent more than the amount determined under such provisions if--''; (3) by redesignating subparagraph (B) (as so amended) as subparagraph (C); and (4) by inserting after subparagraph (A) the following new subparagraph: ``(B) A family on whose behalf tenant-based assistance under subsection (b) is provided for a dwelling unit having a maximum monthly rent under the contract equal to or exceeding 50 percent of the applicable fair market rental for the area shall pay as rent for the dwelling unit the greater of the following two amounts: ``(i) The amount determined for the family under section 3(a)(1). ``(ii) For a dwelling unit having a maximum monthly rent under the contract-- ``(I) that is equal to or exceeds 75 percent of the applicable fair market rental for the area, the amount that is equal to 50 percent of the contract rent for the unit. ``(II) that is equal to or exceeds 50 percent of the applicable fair market rental for the area but is less than 75 percent of such fair market rental, the amount that is equal to 30 percent of the contract rent for the unit.''. (c) Monthly Assistance Payment Under Voucher Program.--Section 8(o) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)) is amended-- (1) in paragraph (2)-- (A) by striking ``The'' and inserting ``(A) Except as provided in paragraph (2), the''; and (B) by adding at the end the following new subparagraph: ``(B) The monthly assistance payment under this subsection for any family renting a dwelling unit having a rent equal to or exceeding 50 percent of the applicable payment standard for the area shall be the amount by which the payment standard exceeds the greater of the following two amounts: ``(i) The amount determined for the family pursuant to subparagraph (A). ``(ii) For a dwelling unit having a rent-- ``(I) that is equal to or exceeds 75 percent of the applicable payment standard for the area, the amount that is equal to 50 percent of the rent for the unit. ``(II) that is equal to or exceeds 50 percent of the applicable payment standard for the area but is less than 75 percent of such payment standard, the amount that is equal to 30 percent of the rent for the unit.''. (d) Conforming Amendments.--Section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f(c)(1)(B)) is amended-- (1) in clause (b) of the second sentence of subsection (c)(1), by striking ``paragraph (3)(B)'' and inserting ``paragraph (3)(C)''; and (2) in subsection (y)(6)(A), by striking ``Subsection (c)(3)(B)'' and inserting ``Subsection (c)(3)(C)''.

Summary: Neighborhood Integrity and Responsibility Act - Amends the United States Housing Act of 1937 to require public housing agencies (PHAs) administering the section 8 housing certificate program to: (1) ensure that program rents are reasonable in comparison with private rentals; and (2) disapprove leases that are not reasonable. Requires (currently authorizes) PHAs to disapprove leases that are not reasonable under the section 8 rental voucher program. Makes PHA administrative fee eligibility dependent upon compliance with such provisions. (Sec. 3) Prohibits (with exceptions) a PHA from providing section 8 tenant-based assistance for more than five units owned by any single owner. (Sec. 4) Revises tenant rent and monthly assistance provisions under the certificate and voucher programs.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Land Management Workforce Flexibility Act''. SEC. 2. PERSONNEL FLEXIBILITIES RELATING TO LAND MANAGEMENT AGENCIES. (a) In General.--Subpart I of part III of title 5, United States Code, is amended by inserting after chapter 95 the following: ``CHAPTER 96--PERSONNEL FLEXIBILITIES RELATING TO LAND MANAGEMENT AGENCIES ``Sec. ``9601. Definition. ``9602. Competitive service; time-limited appointments. ``Sec. 9601. Definition ``For purposes of this chapter, the term `land management agency' means-- ``(1) the Forest Service of the Department of Agriculture; ``(2) the Bureau of Land Management of the Department of the Interior; ``(3) the National Park Service of the Department of the Interior; ``(4) the Fish and Wildlife Service of the Department of the Interior; ``(5) the Bureau of Indian Affairs of the Department of the Interior; and ``(6) the Bureau of Reclamation of the Department of the Interior. ``Sec. 9602. Competitive service; time-limited appointments ``(a) Notwithstanding chapter 33 or any other provision of law relating to the examination, certification, and appointment of individuals in the competitive service, an employee of a land management agency serving under a time-limited appointment in the competitive service is eligible to compete for a permanent appointment in the competitive service under that agency's merit promotion procedures if-- ``(1) such individual was appointed initially under open, competitive examination under subchapter I of chapter 33 to the time-limited appointment; ``(2) the employee has served under 1 or more time-limited appointments by such agency for a period or periods totaling not less than 24 months without an intervening break of 2 or more years; and ``(3) the employee's performance has been at an acceptable level of performance throughout the period or periods (as the case may be) referred to in paragraph (2). ``(b)(1) For purposes of this subsection, the term `successor permanent position' means, with respect to a time-limited position, a permanent position in the competitive service with the same or substantially similar major duties and qualification requirements in the same major subdivision of the same agency as the time-limited position. ``(2) Notwithstanding chapter 33 or any other provision of law relating to the examination, certification, and appointment of individuals in the competitive service, an employee of a land management agency serving under a time-limited appointment in the competitive service shall be offered any successor permanent position that the agency decides to fill and, upon his or her concurrence, be appointed to such position if-- ``(A) such individual was appointed initially under open, competitive examination under subchapter I of chapter 33 to the time-limited appointment; ``(B)(i) the job announcement for the time-limited position stated that there was potential for the position to become permanent; or ``(ii) the employee's first time-limited appointment by such agency occurred before the date of enactment of this chapter; ``(C) the employee has served under a time-limited appointment or appointments in a position or positions in such agency with the same or substantially similar major duties and qualification requirements as the successor permanent position for a period or periods totaling not less than 24 months without an intervening break of 2 or more years; and ``(D) the employee's performance has been at an acceptable level of performance throughout the period or periods (as the case may be) referred to in subparagraph (C). ``(3) If 2 or more employees are eligible for conversion under this subsection, then any preference eligible veterans shall be given priority. ``(4) If 2 or more employees have equal priority for conversion under this subsection, then placement shall be determined by competitive procedures consistent with merit system principles. ``(c) An employee selected or converted under this section becomes a career-conditional employee, unless the employee has otherwise completed the service requirements for career tenure. ``(d) An employee appointed under this section acquires competitive status upon appointment. ``(e) The provisions of this section shall apply with respect to time-limited employees who have been separated for reasons other than misconduct or unacceptable performance. For such a separated employee, the provisions of this chapter shall apply as if such separated employee occupied the time-limited position from which such employee was most recently separated. An agency shall be deemed to have met its obligation under this section if notice is sent to the last known address of such individual 21 or more days before a successor permanent position for which he or she is eligible is filled. ``(f) For purposes of this section, time-limited appointments include temporary appointments and term appointments, as defined by the Office of Personnel Management. ``(g) The Office of Personnel Management shall prescribe such regulations as may be necessary to carry out this section.''. (b) Clerical Amendment.--The analysis for part III of title 5, United States Code, is amended by inserting after the item for chapter 95 the following: ``96. Personnel flexibilities relating to land management 9601''. agencies.

Summary: Land Management Workforce Flexibility Act - Makes an employee of a land management agency who served under a time-limited appointment in the competitive service eligible to compete for a permanent appointment in the agency if the original appointment was competitive, totaled a period of at least 24 months, and the employee's performance was satisfactory. Requires such an employee's appointment to a full-time position, if such a position is offered and the employee agrees to such employment, if the original position stated that there was the potential for the position to become permanent.


SECTION 1. EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW. Section 304 of the Emergency Planning and Community Right-to-Know Act of 1986 (42 U.S.C. 1104) is amended as follows: (1) By striking ``immediately'' after ``operator of the facility shall'' in subsection (a)(1) and inserting ``, within 1 hour of having knowledge that such release had occurred,''. (2) By striking ``immediately'' after ``operator of the facility shall'' in subsection (a)(2) and inserting ``, within 1 hour of having knowledge that such release had occurred,''. (3) By inserting in subsection (a)(3) in the matter preceding subparagraph (A), ``, within 1 hour of having knowledge that such release had occurred,'' after ``the owner or operator shall''. (4) By amending subsection (b)(1) to read as follows: ``(1) Recipients of notice.--Notice required under subsection (a) shall be given, within 1 hour of having knowledge that the release had occurred, by the owner or operator of a facility (by such means as telephone, radio, or in person) to-- ``(A) the community emergency coordinator for the local emergency planning committees, if established pursuant to section 301(c) of this title, for any area likely to be affected by the release and to the State emergency planning commission of any State likely to be affected by the release; or ``(B) a State agency authorized by State law to receive such notification. If an authorized State agency is notified by an owner or operator of the facility, the State agency shall provide notice to the State emergency response commission within 2 hours of receiving notification. Notice may be given later than 1 hour after knowledge of a leak or spill if the owner or operator of the facility, acting in good faith, is unable to provide notification because of unusual, extenuating circumstances, including remote location, power outages, incapacity of owner or operator, and disruption of telephone service. With respect to transportation of a substance subject to the requirements of this section, or storage incident to such transportation, the notice requirements of this section with respect to a release shall be satisfied by dialing 911 or, in the absence of a 911 emergency telephone number, calling the operator.''. SEC. 2. COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT OF 1980. Section 103 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9603) is amended as follows: (1) By striking ``Any person in charge of a vessel'' in subsection (a) and all that follows through the end of the subsection and inserting the following: ``Any person in charge of a vessel or an offshore or an onshore facility shall, within 1 hour of having knowledge of any release (other than a federally permitted release) of a hazardous substance from such vessel or facility in quantities equal to or greater than those determined pursuant to section 9602 of this title, notify-- ``(1) the National Response Center established under the Clean Water Act (33 U.S.C. 1251 et seq.); ``(2) the State emergency response commission established under the Emergency Planning and Community Right-to-Know Act (42 U.S.C. 11001 et seq.); or ``(3) a State agency authorized by State law to receive notification of such release. If the National Response Center is notified directly, the Center shall convey the notification within 2 hours to all appropriate Government agencies, including the Governor of any affected State. If the State emergency response commission receives notification of such release from a State agency or from the person in charge of a vessel or an offshore or an onshore facility, the commission shall convey notification within 2 hours to the National Response Center. If an authorized State agency receives notification of such release from a person in charge of a vessel or an offshore or an onshore facility, the State agency shall convey notification within 2 hours to the National Response Center and the State emergency response commission. Notice may be given later than 1 hour after knowledge of a leak or spill if the person, acting in good faith, is unable to provide notification because of unusual, extenuating circumstances, including location, power outages, incapacity of person having knowledge, and disruption of telephone service.''. (2) In subsection (b), by striking ``immediately the appropriate agency'' and all that follows through ``knowledge of such release'' and inserting ``, within 1 hour of having knowledge that such release had occurred, the National Response Center, the State emergency response commission, or the appropriate State agency as designated by State law''.

Summary: (Sec. 1) Amends the Emergency Planning and Community Right-to-Know Act of 1986 to modify notice requirements regarding releases of extremely hazardous substances (or releases of other substances subject to Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) notification requirements) to require notification by the owner or operator of the facility at which the chemical is produced, used, or stored to emergency planning officials within one hour of having knowledge (under current law, "immediately") that a release has occurred. Permits an exception to the one hour requirement in the event of unusual or extenuating circumstances. Allows such notice to be given (in addition to the community emergency coordinator and State emergency planning commission, as under current law) to a State agency authorized by State law to receive the notification and requires such an agency to then notify the State emergency response commission within two hours. (Sec. 2) Amends CERCLA to modify notice requirements regarding releases of hazardous substances to require notification by the person in charge of the vessel or facility within one hour of having knowledge of the release (under current law, "as soon as he has knowledge"). Allows such notice to be given (in addition to the National Response Center established under the Clean Water Act, as under current law) to the State emergency response commission or a State agency authorized by State law to receive the notification. Requires the National Response Center to convey the notification to all appropriate government agencies within two hours and provides a similar time period for notification of the Center or both the Center and the commission if first received by the emergency response commission or the authorized State agency, respectively. Allows an exception to the one hour requirement similar to the one provided by the right-to-know amendments of this Act. Revises penalties for failure to notify to conform with this Act's amendments.


SECTION 1. SHORT TITLE AND REFERENCE. (a) Short Title.--This Act may be cited as the ``Interstate Class Action Jurisdiction Act of 1999''. (b) Reference.--Whenever in this Act reference is made to an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of title 28, United States Code. SEC. 2. FINDINGS. The Congress finds that-- (1) as recently noted by the United States Court of Appeals for the Third Circuit, interstate class actions are ``the paradigm for Federal diversity jurisdiction because, in a constitutional sense, they implicate interstate commerce, invite discrimination by a local State, and tend to attract bias against business enterprises''; (2) most such cases, however, fall outside the scope of current Federal diversity jurisdiction statutes; (3) that exclusion is an unintended technicality, inasmuch as those statutes were enacted by Congress before the rise of the modern class action and therefore without recognition that interstate class actions typically are substantial controversies of the type for which diversity jurisdiction was designed; (4) Congress is constitutionally empowered to amend the current Federal diversity jurisdiction statutes to permit most interstate class actions to be brought in or removed to Federal district courts; and (5) in order to ensure that interstate class actions are adjudicated in a fair, consistent, and efficient manner and to correct the unintended, technical exclusion of such cases from the scope of Federal diversity jurisdiction, it is appropriate for Congress to amend the Federal diversity jurisdiction and related statutes to allow more interstate class actions to be brought in or removed to Federal court. SEC. 3. JURISDICTION OF DISTRICT COURTS. (a) Expansion of Federal Jurisdiction.--Section 1332 is amended by redesignating subsections (b), (c), and (d) as subsections (c), (d), and (e), respectively, and by inserting after subsection (a) the following: ``(b)(1) The district courts shall have original jurisdiction of any civil action which is brought as a class action and in which-- ``(A) any member of a proposed plaintiff class is a citizen of a State different from any defendant; ``(B) any member of a proposed plaintiff class is a foreign state and any defendant is a citizen of a State; or ``(C) any member of a proposed plaintiff class is a citizen of a State and any defendant is a citizen or subject of a foreign state. As used in this paragraph, the term `foreign state' has the meaning given that term in section 1603(a). ``(2)(A) The district courts shall not exercise jurisdiction over a civil action described in paragraph (1) if the action is-- ``(i) an intrastate case; ``(ii) a limited scope case; or ``(iii) a State action case. ``(B) For purposes of subparagraph (A)-- ``(i) the term `intrastate case' means a class action in which the record indicates that-- ``(I) the claims asserted therein will be governed primarily by the laws of the State in which the action was originally filed; and ``(II) the substantial majority of the members of all proposed plaintiff classes, and the primary defendants, are citizens of the State in which the action was originally filed; ``(ii) the term `limited scope case' means a class action in which the record indicates that all matters in controversy asserted by all members of all proposed plaintiff classes do not in the aggregate exceed the sum or value of $1,000,000, exclusive of interest and costs, or a class action in which the number of members of all proposed plaintiff classes in the aggregate is less than 100; and ``(iii) the term `State action case' means a class action in which the primary defendants are States, State officials, or other governmental entities against whom the district court may be foreclosed from ordering relief. ``(3) Paragraph (1) shall not apply to any claim concerning a covered security as that term is defined in section 16(f)(3) of the Securities Act of 1933 and section 28(f)(5)(E) of the Securities Exchange Act of 1934. ``(4) Paragraph (1) shall not apply to any class action solely involving a claim that relates to-- ``(A) the internal affairs or governance of a corporation or other form of business enterprise and that arises under or by virtue of the laws of the State in which such corporation or business enterprise is incorporated or organized; or ``(B) the rights, duties (including fiduciary duties), and obligations relating to or created by or pursuant to any security (as defined under section 2(a)(1) of the Securities Act of 1933 and the regulations issued thereunder).''. (b) Conforming Amendment.--Section 1332(c) (as redesignated by this section) is amended by inserting after ``Federal courts'' the following: ``pursuant to subsection (a) of this section''. (c) Determination of Diversity.--Section 1332, as amended by this section, is further amended by adding at the end the following: ``(f) For purposes of subsection (b), a member of a proposed class shall be deemed to be a citizen of a State different from a defendant corporation only if that member is a citizen of a State different from all States of which the defendant corporation is deemed a citizen.''. SEC. 4. REMOVAL OF CLASS ACTIONS. (a) In General.--Chapter 89 is amended by adding after section 1452 the following: ``Sec. 1453. Removal of class actions ``(a) In General.--A class action may be removed to a district court of the United States in accordance with this chapter, but without regard to whether any defendant is a citizen of the State in which the action is brought, except that such action may be removed-- ``(1) by any defendant without the consent of all defendants; or ``(2) by any plaintiff class member who is not a named or representative class member of the action for which removal is sought, without the consent of all members of such class. ``(b) When Removable.--This section shall apply to any class action before or after the entry of any order certifying a class, except that a plaintiff class member who is not a named or representative class member of the action may not seek removal of the action before an order certifying a class of which the plaintiff is a class member has been entered. ``(c) Procedure for Removal.--The provisions of section 1446(a) relating to a defendant removing a case shall apply to a plaintiff removing a case under this section. With respect to the application of subsection (b) of such section, the requirement relating to the 30-day filing period shall be met if a plaintiff class member who is not a named or representative class member of the action for which removal is sought files notice of removal no later than 30 days after receipt by such class member, through service or otherwise, of the initial written notice of the class action provided at the court's direction. ``(d) Exceptions.-- ``(1) Covered securities.--This section shall not apply to any claim concerning a covered security as that term is defined in section 16(f)(3) of the Securities Act of 1933 and section 28(f)(5)(E) of the Securities Exchange Act of 1934. ``(2) Internal governance of business entities.--This section shall not apply to any class action solely involving a claim that relates to-- ``(A) the internal affairs or governance of a corporation or other form of business enterprise and that arises under or by virtue of the laws of the State in which such corporation or business enterprise is incorporated or organized; or ``(B) the rights, duties (including fiduciary duties), and obligations relating to or created by or pursuant to any security (as defined under section 2(a)(1) of the Securities Act of 1933 and the regulations issued thereunder).''. (b) Removal Limitations.--Section 1446(b) is amended in the second sentence-- (1) by inserting ``, by exercising due diligence,'' after ``ascertained''; and (2) by inserting ``(a)'' after ``section 1332''. (c) Technical and Conforming Amendments.--The table of sections for chapter 89 is amended by adding after the item relating to section 1452 the following: ``1453. Removal of class actions.''. (d) Application of Substantive State Law.--Nothing in this section or the amendments made by this section shall alter the substantive law applicable to an action to which the amendments made by section 3 of this Act apply. (e) Procedure After Removal.--Section 1447 is amended by adding at the end the following new subsection: ``(f) If, after removal, the court determines that no aspect of an action that is subject to its jurisdiction solely under the provisions of section 1332(b) may be maintained as a class action under Rule 23 of the Federal Rules of Civil Procedure, it shall dismiss the action. An action dismissed pursuant to this subsection may be amended and filed again in a State court, but any such refiled action may be removed again if it is an action of which the district courts of the United States have original jurisdiction. In any action that is dismissed pursuant to this subsection and that is refiled by any of the named plaintiffs therein in the same State court venue in which the dismissed action was originally filed, the limitations periods on all reasserted claims shall be deemed tolled for the period during which the dismissed class action was pending. The limitations periods on any claims that were asserted in a class action dismissed pursuant to this subsection that are subsequently asserted in an individual action shall be deemed tolled for the period during which the dismissed class action was pending.''. SEC. 5. APPLICABILITY. The amendments made by this Act shall apply to any action commenced on or after the date of the enactment of this Act. SEC. 6. GAO STUDY. The Comptroller General of the United States shall, by not later than 1 year after the date of the enactment of this Act, conduct a study of the impact of the amendments made by this Act on the workload of the Federal courts and report to the Congress on the results of the study. Passed the House of Representatives September 23, 1999. Attest: JEFF TRANDAHL, Clerk.

Summary: Prohibits the district courts from exercising jurisdiction over: (1) a civil action if the action is an intrastate case, a limited scope case, or a State action case; (2) any claim concerning a covered security; and (3) any class action solely involving a claim that relates to the internal affairs or governance of a corporation or other form of business enterprise that arises under or by virtue of the laws of the State in which such enterprise is incorporated or organized, or the rights, duties, and obligations relating to or created by or pursuant to any security.Provides that, for purposes of a determination of diversity of citizenship, a member of a proposed class shall be deemed to be a citizen of a State different from a defendant corporation only if that member is a citizen of a State different from all States of which the defendant corporation is deemed a citizen.(Sec. 4) Allows a class action to be removed to a U.S. district court, but without regard to whether any defendant is a citizen of the State in which the action is brought, except that such action may be removed by: (1) any defendant without the consent of all defendants; or (2) any plaintiff class member who is not a named or representative class member of the action for which removal is sought, without the consent of all members of such class. Specifies that this section shall apply to any class action before or after the entry of any order certifying a class, except that a plaintiff class member who is not a named or representative class member of the action may not seek removal of the action before an order certifying a class of which the plaintiff is a class member has been entered.Makes provisions relating to a defendant removing a case applicable to a plaintiff removing a case under this section. Specifies that the requirement relating to the 30-day filing period shall be met if a plaintiff class member who is not a named or representative class member of the action for which removal is sought files notice of removal no later than 30 days after receipt by such class member of the initial written notice of the class action provided at the court's direction. Makes this section inapplicable to any: (1) claim concerning a covered security; and (2) class action solely involving a claim that relates to the internal affairs or governance of a corporation or other form of business enterprise that arises under or by virtue of the laws of the State in which it is incorporated or organized, or the rights, duties, and obligations relating to or created by or pursuant to any security.Provides that if the case stated by the initial pleading is not removable, a notice of removal may be filed within 30 days after receipt by the defendant of a copy of an amended paper from which it may first be ascertained (current law) by exercising due diligence that the case is one which is or has become removable, with an exception.Requires the court to dismiss the action if, after removal, it determines that no aspect of an action that is subject to its jurisdiction solely under this Act may be maintained as a class action under rule 23 of the Federal Rules of Civil Procedure. Permits an action so dismissed to be amended and filed again in a State court, but allows any such re-filed action to be removed again if it is an action of which the U.S. district courts have original jurisdiction. Specifies that in any action dismissed pursuant to this section that is re-filed by any of the named plaintiffs therein in the same State court venue in which the dismissed action was originally filed, the period of limitations on all reasserted claims shall be deemed tolled for the period during which the dismissed class action was pending. Deems the limitations periods on any claims that were asserted in a class action dismissed pursuant to this section that are subsequently asserted in an individual action to be tolled for the period during which the dismissed class action was pending.Directs the Comptroller General of the United States to conduct a study of the impact of this Act on the workload of the Federal courts and report to Congress.


SECTION 1. SHORT TITLE. This Act may be cited as the ``United Nations Population Fund (UNFPA) Funding Act of 1999''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) The renewed commitment of the world community to the formulation of government policies that contribute to global population stabilization and to improvements in the status of women owes much to the efforts of the United Nations and its specialized agencies and organizations, particularly the United Nations Population Fund (UNFPA). (2) Over one-half of the UNFPA's assistance is devoted to maternal and child health programs, including the provision of family planning services, and it is a major supplier of modern methods of contraception. UNFPA also supports efforts aimed at preventing the spread of HIV/AIDS and other sexually- transmitted diseases and activities aimed specifically at enhancing the status of women. (3) UNFPA does not fund abortion services, rather, UNFPA seeks to reduce the incidence of abortion by improving access to contraceptive services and to reduce deaths and injuries related to unsafe abortion by supporting treatment of women suffering from its complications. (4) Operating in over 160 nations in all regions of the world and as a politically neutral source of funds, UNFPA complements the important work of the United States Agency for International Development population assistance program. (5) As a result of the withdrawal of the United States contribution to UNFPA as of 1999, it is estimated that 870,000 women in the developing world will be deprived of effective modern contraception, leading to 500,000 unintended pregnancies, 234,000 births, 200,000 abortions, and thousands of maternal and child deaths. (6) Many global environmental problems, including water shortages, pollution, tropical deforestation, and the loss of wildlife habitat are linked to rapid population growth. UNFPA has assisted countries around the world plan for and slow population growth, therefore reducing its effects on the environment. (7) Assistance provided by UNFPA conforms to the principle, affirmed at the 1994 International Conference on Population and Development by 180 nations, including the United States, that ``all couples and individuals have the basic right to decide freely and responsibly the number and spacing of their children and to have the information, education, and means to do so.''. (8) UNFPA opposes coercion in any form. All of UNFPA's programs are designed in conformity with universally recognized human rights principles. (9) An appropriate way to express the legitimate concerns of the United States Government about the population policies of the People's Republic of China is by placing those concerns on the bilateral agenda along with other important human rights issues, not by singling out a United Nations agency by withholding all funding thereby punishing the women and families around the world who depend on its humanitarian aid. (10) UNFPA can and should play a constructive role in helping to reduce the incidence of coercive practices in China through its new country program that aims to expand voluntarism and contraceptive method choice, to strengthen a broader range of reproductive health services, and to enhance the status of women. SEC. 3. RESTORATION OF THE UNITED STATES VOLUNTARY CONTRIBUTION TO THE UNITED NATIONS POPULATION FUND. In addition to amounts otherwise available to carry out the purposes of chapter 3 of part 1 of the Foreign Assistance Act of 1961, there are authorized to be appropriated $25,000,000 for fiscal year 2000 and $35,000,000 for fiscal year 2001 to be available only for United States voluntary contributions to the United Nations Population Fund. SEC. 4. LIMITATION ON THE UNITED STATES VOLUNTARY CONTRIBUTION TO THE UNITED NATIONS POPULATION FUND. (a) Limitation.--Notwithstanding any other provision of law, of the funds appropriated for voluntary contributions to the United Nations Population Fund for each of the fiscal years 2000 and 2001, an amount equal to the amount allocated by the United Nations Population Fund for the country program in the People's Republic of China during each fiscal year shall be withheld from obligation and expenditure unless during such fiscal year, the President submits to the appropriate congressional committees the certification described in subsection (b). (b) Certification.--The President shall certify that the country program of the United Nations Population Fund in the People's Republic of China-- (1) focuses on improving the delivery of voluntary family planning information and services; (2) is designed in conformity with the human rights principles affirmed at the International Conference on Population and Development with the support of 180 nations including the United States; (3) is implemented only in counties of the People's Republic of China where all quotas and targets for the recruitment of program participants have been abolished and the use of coercive measures has been eliminated; (4) is carried out in consultation with and under the oversight and approval of the UNFPA executive board, including the United States representative; (5) is subject to regular, independent monitoring to ensure compliance with the principles of informed consent and voluntary participation; and (6) suspends operations in project counties found to be in violation of program guidelines.

Summary: United Nations Population Fund (UNFPA) Funding Act of 1999 - Authorizes appropriations for FY 2000 and 2001 for U.S. voluntary contributions to the United Nations Population Fund. Withholds from the U.S. voluntary contribution to the UNFPA amounts allocated by the UNFPA for the country program in China, unless the President certifies to the appropriate congressional committees that the UNFPA country program in China: (1) focuses on improving the delivery of voluntary family planning information and services; (2) is in conformity with the human rights principles affirmed at the International Conference on Population and Development with the support of 180 nations including the United States; (3) is implemented only in counties of China where all quotas and targets for the recruitment of program participants have been abolished and the use of coercive measures has been eliminated; (4) is carried out in consultation with and under the oversight and approval of the UNFPA executive board, including the U.S. representative; (5) is subject to regular, independent monitoring to ensure compliance with the principles of informed consent and voluntary participation; and (6) suspends operations in project counties found to be in violation of program guidelines.