Input:
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).

Output:
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.


Input:
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)''.

Output:
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.


Input:
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.

Output: 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.


Input:
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''.

Output:
(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.


Input:
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.

Output: 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.


Input:
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.

Output: 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.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Resolution of the Ethiopia-Eritrea
Border Dispute Act of 2004''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Algiers agreements.--The term ``Algiers Agreements''
        means the Cessation of Hostilities Agreement and the
        Comprehensive Peace Agreement.
            (2) Appropriate congressional committees.--The term
        ``appropriate congressional committees'' means the Committee on
        International Relations of the House of Representatives and the
        Committee on Foreign Relations of the Senate.
            (3) Cessation of hostilities agreement.--The term
        ``Cessation of Hostilities Agreement'' means the Agreement on
        the Cessation of Hostilities signed on June 18, 2000, in
        Algiers, Algeria, by the Government of Ethiopia and the
        Government of Eritrea that established a temporary
        demilitarized security zone within Eritrea to be enforced by
        the United Nations Peacekeeping Mission in Ethiopia and Eritrea
        (UNMEE).
            (4) Comprehensive peace agreement.--The term
        ``Comprehensive Peace Agreement'' means the agreement signed on
        December 12, 2000, in Algiers, Algeria, by the Government of
        Ethiopia and the Government of Eritrea, under the auspices of
        the Organization of African Unity (OAU), that provided for an
        end to military hostilities between the two countries,
        assurances by the countries to refrain from the threat or use
        of force against each other, and established a neutral Boundary
        Commission to delimit and demarcate the border between the two
        countries.
            (5) Economic assistance.--The term ``economic assistance''
        means--
                    (A) assistance under chapter 1 of part I of the
                Foreign Assistance Act of 1961 (relating to development
                assistance); and
                    (B) assistance under chapter 4 of part II of the
                Foreign Assistance Act of 1961 (relating to economic
                support fund assistance).
            (6) Military assistance and arms transfers.--The term
        ``military assistance and arms transfers'' means--
                    (A) assistance under chapter 2 of part II of the
                Foreign Assistance Act of 1961 (relating to military
                assistance), including the transfer of excess defense
                articles under section 516 of that Act;
                    (B) assistance under chapter 5 of part II of the
                Foreign Assistance Act of 1961 (relating to
                international military education and training or
                ``IMET''), including military education and training
                for civilian personnel under section 541 of that Act
                (commonly referred to as ``Expanded IMET''); and
                    (C) assistance under the ``Foreign Military
                Financing'' Program under section 23 of the Arms Export
                Control Act and the transfer of defense articles,
                defense services, design and construction services, or
                any other defense-related training under that Act.

SEC. 3. FINDINGS.

    Congress makes the following findings:
            (1) On May 6, 1998, a conflict erupted between Ethiopia and
        Eritrea, two of the world's poorest countries.
            (2) The two-year war claimed 100,000 lives, displaced more
        than 1,000,000 people, cost Ethiopia more than $2,900,000,000,
        and caused a 62 percent decline in food production in Eritrea.
            (3) Millions of dollars were diverted from much needed
        development projects into military activities and weapons
        procurements at a time when severe drought threatened a famine
        in both Ethiopia and Eritrea, as bad as the famine in 1984 in
        those countries, putting more than 13,000,000 lives at risk.
            (4) On June 18, 2000, Prime Minister Meles Zenawi of the
        Federal Democratic Republic of Ethiopia and President Isaias
        Afewerki of the State of Eritrea signed the Cessation of
        Hostilities Agreement in Algiers, Algeria. On December 12,
        2000, the two countries also signed the Comprehensive Peace
        Agreement in Algiers under the auspices of the Organization of
        African Unity (OAU) and in the presence of United Nations
        Secretary General Kofi Annan and President Abdel-Aziz
        Boutheflika of Algeria.
            (5) Article 4.2 of the Comprehensive Peace Agreement states
        the following: ``The parties agree that a neutral Boundary
        Commission composed of five members shall be established with a
        mandate to delimit and demarcate the colonial treaty border
        [between the two countries] based on pertinent colonial
        treaties (1900, 1902 and 1908) and applicable international
        law.''.
            (6) Article 4.15 of the Comprehensive Peace Agreement
        states the following: ``The parties agree that the delimitation
        and demarcation determinations of the Commission shall be final
        and binding. Each party shall respect the border so determined,
        as well as territorial integrity and sovereignty of the other
        party.''.
            (7)(A) The President of the United Nations Security
        Council, on behalf of the Security Council, confirmed the
        Security Council's endorsement of the terms and conditions of
        the Algiers Agreements, with special reference to the neutral
        Boundary Commission described in Article 4.2 of the
        Comprehensive Peace Agreement and its mandate.
            (B) In addition, the Security Council reaffirmed its
        support for the Algiers Agreements in United Nations Security
        Council Resolutions 1312 (July 31, 2000), 1320 (September 15,
        2000), 1344 (March 15, 2001), 1369 (September 14, 2001), 1398
        (March 15, 2002), 1430 (August 14, 2002), 1434 (September 6,
        2002), 1466 (March 14, 2003), 1507 (September 12, 2003), 1531
        (March 12, 2004), and 1560 (September 14, 2004).
            (8) On April 13, 2002, the neutral Boundary Commission
        announced its ``Delimitation Decision'', reiterating that both
        parties had agreed that it would be ``final and binding''.
            (9) Following the decision of the Boundary Commission that
        the heavily disputed town of Badme would be zoned to the
        Eritrean side of the new border, Foreign Minister Seyoum Mesfin
        of Ethiopia announced on April 15, 2003, that ``[n]o-one
        expects the [G]overnment of Ethiopia to accept these mistakes
        committed by the Commission''. Further, the Ethiopian Ministry
        of Information released a statement accusing the Boundary
        Commission of an ``unfair tendency'' in implementing the border
        ruling and ``misinterpreting'' the Algiers Agreements.
            (10) In his March 6, 2003, ``Progress Report'' to the
        United Nations Security Council, Secretary General Kofi Annan
        reported that Prime Minister Zenawi of Ethiopia had expressed
        to his Special Representative, Legwaila Joseph Legwaila, that
        ``if its concerns were not properly addressed Ethiopia might
        eventually reject the demarcation-related decisions of the
        Commission''.
            (11) On September 19, 2003, Prime Minister Zenawi wrote to
        United Nations Secretary General Kofi Annan and stated: ``As
        the Commission's decisions could inevitably lead the two
        countries into another round of fratricidal war, the Security
        Council has an obligation, arising out of the UN Charter, to
        avert such a threat to regional peace and stability.''.
            (12) On October 3, 2003, the United Nations Security
        Council wrote to Prime Minister Zenawi and stated: ``The
        members of the Security Council therefore wish to convey to you
        their deep regret at the intention of the government of
        Ethiopia not to accept the entirety of the delimitation and
        demarcation decision as decided by the boundary commission.
        They note in particular, that Ethiopia has committed itself
        under the Algiers Agreements to accept the boundary decision as
        final and binding.''.
            (13)(A) In an attempt to resolve the continued impasse,
        United Nations Secretary General Kofi Annan offered his good
        offices to the two parties and appointed Mr. Lloyd Axworthy,
        former Minister for Foreign Affairs of Canada, to serve as his
        Special Envoy for Ethiopia and Eritrea on January 29, 2004.
            (B) Despite the assurances of the United Nations Secretary
        General, including in his Progress Reports of March 6, 2004,
        and July 7, 2004, that the appointment of the Special Envoy was
        ``not intended to establish an alternative mechanism to the
        Boundary Commission or to renegotiate its final and binding
        decision'', President Isaias of Eritrea has refused to meet
        with the Special Envoy or otherwise engage in political
        dialogue aimed at resolving the current impasse.
            (14) In his July 7, 2004, ``Progress Report'' to the United
        Nations Security Council, Secretary General Kofi Annan reported
        that the Ethiopian Ministry of Foreign Affairs continues to
        reiterate its position that ``the current demarcation line
        would disrupt the lives of border communities and lead to
        future conflict''.
            (15) In that same report, Secretary General Annan reminded
        both governments that they themselves ``entrusted the Boundary
        Commission with the entire demarcation process, drew up its
        mandate and selected its Commissioners'' and called upon the
        Government of Ethiopia to ``unequivocally restate its
        acceptance of the Boundary Commission's decision, appoint field
        liaison officers, and pay its dues to and otherwise cooperate
        fully and expeditiously with the Commission''.

SEC. 4. SENSE OF CONGRESS.

    It is the sense of Congress that Ethiopia and Eritrea--
            (1) should take all appropriate actions to implement the
        Algiers Agreements, including by accepting the ``Delimitation
        Decision'' issued by the neutral Boundary Commission on April
        13, 2002, with respect to the boundary between the two
        countries; and
            (2) should fully cooperate with the United Nations Special
        Envoy for Ethiopia-Eritrea, Lloyd Axworthy, whose mandate is
        the implementation of the Algiers Agreements, the Delimitation
        Decision of the Boundary Commission, and the relevant
        resolutions and decisions of the United Nations Security
        Council.

SEC. 5. DECLARATIONS OF POLICY.

    Congress makes the following declarations:
            (1) Congress expresses its support for the Boundary
        Commission established by the Comprehensive Peace Agreement and
        calls on the international community to continue to support the
        United Nations trust fund established to facilitate the process
        of demarcation between Ethiopia and Eritrea and the economic
        and social transition of affected communities to new borders
        determined by the Commission.
            (2) Congress further declares that it shall be the policy
        of the United States to limit United States assistance for
        Ethiopia or Eritrea if either such country is not in compliance
        with, or is not taking significant steps to comply with, the
        terms and conditions of the Algiers Agreements.
            (3) Congress strongly condemns statements by senior
        Ethiopian officials criticizing the Boundary Commission's
        decision and calls on the Government of Ethiopia to immediately
        and unconditionally fulfill its commitments under the Algiers
        Agreements, publicly accept the Boundary Commission's decision,
        and fully cooperate with the implementation of such decision.
            (4) Congress recognizes the acceptance by the Government of
        Eritrea of the Boundary Commission's decision as final and
        binding, but condemns the Government of Eritrea's continued
        refusal to take advantage of the good offices offered by the
        United Nations Secretary General, to work with Special Envoy
        Lloyd Axworthy, or to otherwise engage in dialogue aimed at
        resolving the current impasse, and calls on the President of
        Eritrea to do so without further delay.

SEC. 6. LIMITATIONS ON UNITED STATES ASSISTANCE.

    (a) Limitation on Economic Assistance.--Economic assistance may
only be provided for Ethiopia or Eritrea for any period of time for
which the President determines that Ethiopia or Eritrea (as the case
may be) is in compliance with, or is taking significant steps to comply
with, the terms and conditions of the Algiers Agreements.
    (b) Limitation on Military Assistance and Arms Transfers.--Military
assistance and arms transfers may only be provided for Ethiopia or
Eritrea for any period of time for which the President determines that
Ethiopia or Eritrea (as the case may be) is in compliance with, or is
taking significant steps to comply with, the terms and conditions of
the Algiers Agreements.
    (c) Exceptions.--The limitation on assistance under subsections (a)
and (b) shall not apply with respect to humanitarian assistance (such
as food or medical assistance), assistance to protect or promote human
rights, and assistance to prevent, treat, and control HIV/AIDS.
    (d) Waiver.--The President may waive the application of subsection
(a) or (b) with respect to Ethiopia or Eritrea, particularly for the
provision of peacekeeping assistance or counterterrorism assistance, if
the President determines and certifies to the appropriate congressional
committees that it is in the national interests of the United States to
do so.

SEC. 7. INTEGRATION AND BORDER DEVELOPMENT INITIATIVE.

    (a) Assistance.--After the date on which the border demarcation
between Ethiopia and Eritrea is finalized (consistent with the decision
of the Boundary Commission established by the Comprehensive Peace
Agreement), the President shall establish and carry out an initiative
in conjunction with the Governments of Ethiopia and Eritrea under which
assistance is provided to reduce the adverse humanitarian impacts on
the populations of the border region, prevent conflict which might
result from the demarcation process, and further social and economic
development projects that are identified and evaluated by local
authorities to establish sustainable integration, development, and
trade at the border region.
    (b) Project Examples.--Examples of development projects referred to
in subsection (a) are--
            (1) startup initiatives, including farming projects, to
        promote community economic development and the free flow of
        trade across the border between the two countries;
            (2) generous compensation packages for families displaced
        by the border demarcation and support for relocation;
            (3) effective mechanisms for managing movement of persons
        across the border between the two countries;
            (4) an increase in the supply of basic services in the
        border region, including water, sanitation, housing, health
        care, and education; and
            (5) support for local efforts to reinforce peace and
        reconciliation in the border region.

SEC. 8. REPORT.

    Until the date on which the border demarcation between Ethiopia and
Eritrea is finalized, the President shall prepare and transmit on a
regular basis to the appropriate congressional committees a report that
contains a description of progress being made toward such demarcation,
including the extent to which Ethiopia and Eritrea are in compliance
with, or are taking significant steps to comply with, the terms and
conditions of the Algiers Agreements, and are otherwise cooperating
with internationally-sanctioned efforts to resolve the current impasse.

            Passed the House of Representatives October 8, 2004.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.

Output:
Resolution of the Ethiopia-Eritrea Border Dispute Act of 2004 - (Sec. 4) Expresses the sense of Congress that both Ethiopia and Eritrea should: (1) take all appropriate actions to implement the Algiers Agreements, including by accepting the "Delimitation Decision" issued by the neutral Boundary Commission on April 13, 2002, with respect to the boundary between the two countries; and (2) fully cooperate with the United Nations (UN) Special Envoy for Ethiopia-Eritrea.

(Sec. 5) Declares that: (1) Congress expresses its support for the Boundary Commission established by the Comprehensive Peace Agreement and calls on the international community to continue to support the UN trust fund to facilitate the demarcation process between Ethiopia and Eritrea and the economic and social transition of affected communities to new borders; (2) it shall be U.S. policy to limit U.S. assistance for Ethiopia or Eritrea if either country is not in compliance with, or is not taking significant steps to comply with the Algiers Agreements; and (3) Congress strongly condemns statements by senior Ethiopian officials criticizing the Boundary Commission's decision and calls on the Government of Ethiopia to accept the Commission's decision.

(Sec. 6) States that economic and military assistance for Ethiopia or Eritrea may only be provided for any period of time for which the President determines that either Ethiopia or Eritrea is in compliance with, or is taking significant steps to comply with, the Algiers Agreements. Authorizes presidential waiver of such provision for national security purposes. Exempts from such provision assistance for humanitarian or human rights purposes, or for HIV/AIDS control.

(Sec. 7) Directs the President to establish, after finalization of the Ethiopian-Eritrean border demarcation, an integration and border development initiative, including projects to: (1) increase basic services; (2) develop free trade and community development; and (3) reinforce peace and reconciliation.

(Sec. 8) Sets forth presidential reporting requirements.


Input:
SECTION 1. NONRECOGNITION TREATMENT FOR CERTAIN TRANSFERS BY COMMON
              TRUST FUNDS TO REGULATED INVESTMENT COMPANIES.

    (a) General Rule.--Section 584 of the Internal Revenue Code of 1986
(relating to common trust funds) is amended by redesignating subsection
(h) as subsection (i) and by inserting after subsection (g) the
following new subsection:
    ``(h) Nonrecognition Treatment for Certain Transfers to Regulated
Investment Companies.--
            ``(1) In general.--If--
                    ``(A) pursuant to a single plan, a common trust
                fund transfers substantially all of its assets to one
                or more regulated investment companies in exchange
                solely for stock in the company or companies to which
                such assets are so transferred, and
                    ``(B) such stock is distributed by such common
                trust fund to participants in such common trust fund in
                exchange solely for their interests in such common
                trust fund,
        no gain or loss shall be recognized by such common trust fund
        by reason of such transfer or distribution, and no gain or loss
        shall be recognized by any participant in such common trust
        fund by reason of such exchange.
            ``(2) Basis rules.--
                    ``(A) Regulated investment company.--The basis of
                any asset received by a regulated investment company in
                a transfer referred to in paragraph (1)(A) shall be the
                same as it would be in the hands of the common trust
                fund.
                    ``(B) Participants.--The basis of the stock which
                is received in an exchange referred to in paragraph
                (1)(B) shall be the same as that of the property
                exchanged. If stock in more than one regulated
                investment company is received in such exchange, the
                basis determined under the preceding sentence shall be
                allocated among the stock in each such company on the
                basis of respective fair market values.
            ``(3) Treatment of assumptions of liability.--
                    ``(A) In general.--In determining whether the
                transfer referred to in paragraph (1)(A) is in exchange
                solely for stock in one or more regulated investment
                companies, the assumption by any such company of a
                liability of the common trust fund, and the fact that
                any property transferred by the common trust fund is
                subject to a liability, shall be disregarded.
                    ``(B) Special rule where assumed liabilities exceed
                basis.--
                            ``(i) In general.--If in any transfer
                        referred to in paragraph (1)(A) the assumed
                        liabilities exceed the aggregate adjusted bases
                        (in the hands of the common trust fund) of the
                        assets transferred to the regulated investment
                        company or companies--
                                    ``(I) notwithstanding paragraph
                                (1), gain shall be recognized to the
                                common trust fund on such transfer in
                                an amount equal to such excess,
                                    ``(II) the basis of the assets
                                received by the regulated investment
                                company or companies in such transfer
                                shall be increased by the amount so
                                recognized, and
                                    ``(III) any adjustment to the basis
                                of a participant's interest in the
                                common trust fund as a result of the
                                gain so recognized shall be treated as
                                occurring immediately before the
                                exchange referred to in paragraph
                                (1)(B).
                        If the transfer referred to in paragraph (1)(A)
                        is to two or more regulated investment
                        companies the basis increase under subclause
                        (II) shall be allocated among such companies on
                        the basis of the respective fair market values
                        of the assets received by each of such
                        companies.
                            ``(ii) Assumed liabilities.--For purposes
                        of clause (i), the term `assumed liabilities'
                        means the aggregate of--
                                    ``(I) any liability of the common
                                trust fund assumed by any regulated
                                investment company in connection with
                                the transfer referred to in paragraph
                                (1)(A), and
                                    ``(II) any liability to which
                                property so transferred is subject.
            ``(4) Common trust fund must meet diversification rules.--
        This subsection shall not apply to any common trust fund which
        would not meet the requirements of section 368(a)(2)(F)(ii) if
        it were a corporation. For purposes of the preceding sentence,
        Government securities shall not be treated as securities of an
        issuer in applying the 25-percent and 50-percent test and such
        securities shall not be excluded for purposes of determining
        total assets under clause (iv) of section 368(a)(2)(F).''
    (b) Effective Date.--The amendment made by subsection (a) shall
apply to transfers after the date of the enactment of this Act.

Output: Amends the Internal Revenue Code to provide for the nonrecognition of gain or loss for the transfer of common trust fund assets to regulated investment companies in exchange for stock when the stock is distributed to participants of the common trust fund in exchange for their interest in such fund.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Nuclear Power Plant Safety Act of
2011''.

SEC. 2. NUCLEAR POWER PLANT SAFETY.

    (a) Amendment.--Chapter 14 of the Atomic Energy Act of 1954 (42
U.S.C. 2201 et seq.) is amended by adding at the end the following new
section:
    ``Sec. 170J. Revision of Nuclear Power Plant Safety Regulations.--
    ``a. Not later than 90 days after the date of enactment of the
Nuclear Power Plant Safety Act of 2011, the Commission shall initiate a
rulemaking proceeding, including notice and opportunity for public
comment, to be completed not later than 18 months after such date of
enactment, to revise its regulations to ensure that each utilization
facility licensed under this Act can withstand and adequately respond
to--
            ``(1) an earthquake, tsunami (for a facility located in a
        coastal area), strong storm, or other event that threatens a
        major impact to the facility;
            ``(2) a loss of the primary operating power source for at
        least 14 days; and
            ``(3) a loss of the primary backup operating power source
        for at least 72 hours.
    ``b. The revision of regulations under this section shall provide
for--
            ``(1) a requirement that each licensed utilization
        facility, including any onsite spent nuclear fuel facilities,
        be equipped with resilient containment, safety, and diagnostic
        systems sufficient to withstand the circumstances described in
        subsection a., including requirements to ensure that the
        reactor core remains cooled, that the containment remains
        intact, and that the spent fuel cooling and spent fuel pool
        integrity are maintained;
            ``(2) a requirement that licensees have at least 14 days
        worth of emergency power system fuel onsite with which to power
        the licensed facility in the event of a loss of the primary
        operating power source;
            ``(3) a requirement that licensees have sufficient
        secondary emergency power to power the licensed facility in the
        event of a loss of both the primary operating power source and
        the emergency power system described in paragraph (2) for at
        least 72 hours;
            ``(4) a requirement that licensees develop, and obtain
        approval from the Commission for, a plan to obtain sufficient
        additional fuel or batteries in the event of a long duration
        loss of operating power or total station blackout;
            ``(5) a requirement that licensees amend, and obtain
        approval from the Commission for, any guidance and strategies
        developed by the licensees that are intended to maintain or
        restore core cooling, containment, and spent fuel pool cooling
        capabilities under the circumstances associated with loss of
        large areas of the plant due to explosions or fire, in order to
        incorporate lessons learned from the Fukushima nuclear power
        plant meltdown into such guidance and strategies;
            ``(6) a requirement that spent nuclear fuel rods be moved
        from storage pools to certified dry cask storage within one
        year of the nuclear fuel rods being qualified to be placed in
        the certified dry casks;
            ``(7) a requirement to configure spent nuclear fuel rods in
        spent nuclear fuel pools in a manner that would minimize the
        chance of a fire in the event of the loss of the water in the
        spent nuclear fuel pool;
            ``(8) a requirement that emergency response exercises
        include scenarios that are based on the near-simultaneous
        occurrence of circumstances described in subsection a. such as
        the near-simultaneous earthquake, tsunami, and total station
        blackout that occurred at the Fukushima nuclear power plant in
        2011; and
            ``(9) appropriate requirements for periodic verification of
        compliance with the regulations issued under this section.
    ``c. The Commission shall not issue an approval for any
construction permit, operating license, license extension, design
certification, combined license, design approval, or manufacturing
license until the revisions of regulations under this section take
effect.''.
    (b) Conforming Amendment.--The table of contents of the Atomic
Energy Act of 1954 is amended by inserting after the item relating to
section 170I the following new item:

``Sec. 170J. Revision of nuclear power plant safety regulations.''.

SEC. 3. LOAN GUARANTEES.

    Section 1702(b) of the Energy Policy Act of 2005 (42 U.S.C.
16512(b)) is amended by inserting after paragraph (2) the following:
``In the case of a guarantee for advanced nuclear energy facilities,
the Secretary shall ensure that the cost of the obligation is
calculated using a consideration of the Tohoku earthquake of 2011 to
estimate the risk characteristics of the project.''.

Output:
Nuclear Power Plant Safety Act of 2011 - Amends the Atomic Energy Act of 1954 to direct the Nuclear Regulatory Commission (NRC) to initiate a rulemaking proceeding to revise nuclear power plant safety regulations to ensure that each licensed utilization facility can withstand and adequately respond to: (1) an earthquake, tsunami (for a facility located in a coastal area), strong storm, or other event that threatens a major impact to the facility; (2) a loss of the primary operating power source for at least 14 days; and (3) a loss of the primary backup operating power source for at least 72 hours.

Amends the Energy Policy Act of 2005, in connection with loan guarantees, to require the Secretary of Energy (DOE) to ensure, in the case of a guarantee for advanced nuclear energy facilities, that the cost of the obligation is calculated using a consideration of the Tohoku earthquake of 2011 to estimate the risk characteristics of the project.