SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Check Cashing Act of 1995''.

SEC. 2. STATE LICENSE OR REGISTRATION REQUIRED FOR CHECK CASHING
              BUSINESSES.

    (a) In General.--A person, other than a depository institution,
shall not engage in business in a State as a check cashing business
unless--
            (1) the State has established a system for licensing or
        registering check cashing businesses that is approved by the
        Commission in accordance with section 3;
            (2) the person is licensed by or registered with the State
        under that approved State system, as applicable; and
            (3) the person engages in that business in accordance with
        the requirements under that system for licensing or
        registration, as applicable.
    (b) Penalty.--Any person that violates subsection (a) shall be
subject to a civil penalty of not more than $5,000, which may be
assessed by Commission.
    (c) Effective Date.--Subsections (a) and (b) shall take effect on
the date that is 2 years after the date of the enactment of this Act.
    (d) Limitation on Application to Existing Businesses.--Subsections
(a) and (b) shall not apply to engagement by a person in business in a
State as a check cashing business in the 1-year period beginning on the
date of approval of a check cashing business licensing or registration
system of the State under section 3, if the person engaged in that
business in the State on the date of the enactment of this Act.

SEC. 3. APPROVAL OF STATE CHECK CASHING BUSINESS LICENSING OR
              REGISTRATION SYSTEM.

    (a) In General.--Any State may apply to the Commission in
accordance with this section for approval of a State check cashing
business licensing or registration system.
    (b) Requirements for Approval.--The Commission may approve a State
check cashing business licensing or registration system under this
section if the Commission finds that the system consists of State laws
that--
            (1) prohibit any person from engaging in business in the
        State as a check cashing business, unless the person--
                    (A) holds a license issued under the system, or
                    (B) in the case of a registration system, is
                registered with the State under the system;
            (2) prohibit the issuance of a check cashing business
        license to a person or the registration of a person as such a
        business, as applicable, unless the person--
                    (A) identifies to the State--
                            (i) all persons that are officers of the
                        business; and
                            (ii) all persons that own or control more
                        than 5 percent of the total ownership interest
                        in the business;
                    (B) complies with bonding or minimum capital
                requirements established by the State;
            (3) require that any person that engages in business in the
        State as a check cashing business shall--
                    (A) post a schedule of all fees charged for
                providing check cashing services, in a manner that is
                conspicuous to the public;
                    (B) issue a receipt for each check cashing service
                provided, that shows the amount of the check or other
                instrument with respect to which the service is
                provided, the fee charged for the service, and the date
                the service is provided; and
                    (C) post the name and address of the State agency
                responsible under State law for administering the
system, in a manner that is conspicuous to the public;
            (4) prohibit any person from charging any fee for providing
        a check cashing service, that is greater than the amount of fee
        authorized for that service by the State;
            (5) establish a centralized system for filing of check
        cashing business licensing or registration documents, as
        applicable;
            (6) establish criteria for refusal, suspension, and
        revocation of check cashing business licenses or registrations,
        as applicable;
            (7) establish criminal or civil penalties (or both) for
        violations of the State laws;
            (8) ensure the submission to the Commission of any changes
        in the State laws described in this subsection; and
            (9) comply with such additional requirements as may be
        established by the Commission in regulations issued under
        subsection (f).
    (c) Limitation on Approval of Systems Providing Reciprocity.--The
Commission may not approve a State check cashing business licensing or
registration system under this section if the laws of the State
authorize the licensing or registration of a person under the system,
as applicable, on the basis of the person having been licensed or
registered under the laws of another State and without having to comply
with all requirements applicable under the laws of the State that
comprise the system.
    (d) Submission, Review, and Approval of State Applications.--
            (1) Submission of application.--A State may submit an
        application to the Commission for approval of a State check
        cashing business licensing or registration system under this
        section--
                    (A) in the 1-year period beginning on the date of
                the issuance of regulations under subsection (f), in
                the case of a State which on the date of the enactment
                of this Act does not prohibit, and has in effect laws
                that establish requirements for, the operation of a
                check cashing business;
                    (B) in the 2-year period beginning on that date of
                issuance in the case of a State which on that date of
                enactment does not prohibit, and does not have in
                effect laws that establish requirements for, the
                operation of a check cashing business; or
                    (C) in the 60-day period beginning on the date of
                the enactment by the State of any law that repeals a
                prohibition on the operation of check cashing
                businesses, in the case of a State which on the date of
                the enactment of this Act has in effect laws that
                prohibit the operation of all check cashing businesses.
            (2) Review and approval by commission.--The Commission
        shall, by not later than 1 year after the date of submittal of
        an application by a State under this subsection--
                    (A) approve the State system if the system complies
                with the requirements for approval under subsection
                (b); or
                    (B) disapprove the State system, recommend to the
                State such changes in the system as are necessary for
                approval, and provide the State one additional year to
                make changes in State law to effect those changes.
    (e) Review of Changes in Approved State Systems.--
            (1) General.--Not later than 1 year after the date of
        submission to the Commission of any change in the laws
        described in subsection (b) of a State that has an approved
        State system, the Commission shall--
                    (A) review the change to determine whether the
                change is in accordance with the requirements for
                approval of the system under subsection (b);
                    (B) approve the change as being in accordance with
                those requirements, or disapprove the change as not
                being in accordance with those requirements; and
                    (C) notify the State of that approval or
                disapproval, including with any notification of
                disapproval a description of such modifications to
                State law as are necessary for the system to continue
                to be an approved State system.
            (2) Subsequent review; revocation of approval.--After
        notifying a State under paragraph (1)(B) that the Commission
        disapproves a change in the approved State system of the State,
        the Commission shall--
                    (A) review any further modifications in the laws of
                the State that have been enacted; and
                    (B)(i) approve the change and modifications if they
                are in accordance with the requirements for approval
                under subsection (b); or
                    (ii) revoke the Commission's approval of the State
                system if they are not in accordance with those
                requirements.
    (f) Regulations and Guidelines.--
            (1) In general.--Not later than 60 days after the date of
        the enactment of this Act, the Commission shall issue
        regulations and guidelines for the submission of applications
        and approval of State check cashing business licensing and
        registration systems under this section.
            (2) Additional requirements.--Regulations issued under this
        subsection may include requirements for approval of such
        systems in addition to the requirements under this section as
        the Commission considers necessary to protect persons who
        provide check cashing services, ensure the free flow of
        commerce, or protect the monetary system of the United States.
    (g) Rule of Construction.--This Act shall not be construed to
prohibit a State from establishing, assessing, collecting, and using
fees in the administration of a check cashing business licensing or
registration system under this Act.

SEC. 4. PROHIBITION ON REFUSAL BY INSURED DEPOSITORY INSTITUTION TO
              CASH GOVERNMENT CHECKS.

    (a) Prohibition.--An insured depository institution shall not
refuse to cash a government check, and an insured credit union shall
not refuse to cash a government check presented by a member of the
insured credit union, if--
            (1) the check is presented for cashing by an individual who
        is the payee of the check, and is properly endorsed by each
        individual who is a payee of the check;
            (2) the individual who presents the check for cashing
        provides sufficient identification;
            (3) the check and the identification documents required
        under paragraph (2) do not bear evidence of forgery, fraud,
        counterfeiting, alteration, or other tampering; and
            (4) the face value of the check is less than $2500.
    (b) Penalty.--An insured depository institution or insured credit
union that violates subsection (a) shall be liable for a civil penalty
of not more than $500 for each violation, which may be assessed by--
            (1) the State agency having primary responsibility under
        State law for administering an approved State system;
            (2) the State agency having primary responsibility under
        State law for administering laws regulating banking, in the
        case of a violation in a State that does not have an approved
        State system; or
            (3) the person having responsibility under subsection (c)
        for enforcing this section with respect to the depository
        institution.
    (c) Enforcement.--The requirements of this section shall be
enforced--
            (1) under section 8 of the Federal Deposit Insurance Act
        (12 U.S.C. 1818) by the Office of the Comptroller of the
        Currency, with respect to national banks, and Federal branches
        and Federal agencies of foreign banks;
            (2) under section 8 of that Act by the Board of Governors
        of the Federal Reserve, with respect to member banks of the
        Federal Reserve System (other than national banks), branches
        and agencies of foreign banks (other than Federal branches,
        Federal agencies, and insured State branches of foreign banks),
        commercial lending companies owned or controlled by foreign
        banks, and organizations operating under section 25 or 25(a) of
        the Federal Reserve Act;
            (3) under section 8 of that Act by the Board of Directors
        of the Federal Deposit Insurance Corporation, with respect to
        banks insured by the Federal Deposit Insurance Corporation
        (other than members of the Federal Reserve System) and insured
        State branches of foreign banks;
            (4) under section 8 of that Act by the Director of the
        Office of Thrift Supervision, with respect to any savings
        association the deposits of which are insured by the Federal
        Deposit Insurance Corporation;
            (5) under the Federal Credit Union Act (12 U.S.C. 1752 et
        seq.) by the Administrator of the National Credit Union
        Administration, with respect to any insured credit union; and
            (6) under the Farm Credit Act of 1971 (12 U.S.C. 2001 et
        seq.) by the Farm Credit Administration, with respect to any
        Federal land bank, Federal land bank association, Federal
        intermediate credit bank, or production credit association.
    (d) Rules of Construction.--This section shall not be construed
to--
            (1) prohibit an insured depository institution from
        charging fees to cash Government checks; or
            (2) prohibit or preempt a State from establishing
        requirements or limitations with respect to the charging of
        fees by insured depository institutions for check cashing
        services, that are different than State requirements or
        limitations that apply to persons that are not insured
        depository institutions.

SEC. 5. DISPENSING OF FEDERAL AND STATE GOVERNMENT BENEFITS BY
              COMMUNITY DEVELOPMENT CREDIT UNIONS.

    (a) Limitation on Authority of National Credit Union
Administration.--The National Credit Union Administration Board may not
prohibit any Federally chartered credit union from dispensing benefits
under any Federal or State assistance program (including benefits under
the Aid to Families with Dependent Children program under title IV of
the Social Security Act (42 U.S.C. 601 et seq.)) that are authorized to
be dispensed by a check cashing service.
    (b) Study.--After the date that is 2 years after the date of the
enactment of this Act, and not later than 3 years after that date of
enactment, the Comptroller General of the United States shall conduct a
study and submit a report to the Congress on the effectiveness and
efficiency of the dispensation of benefits under Federal and State
assistance programs (including benefits under the aid to families with
dependent children program under title IV of the Social Security Act
(42 U.S.C. 601 et seq.) through federally chartered credit unions.

SEC. 6. STUDY OF DEBIT CARD SYSTEMS OF BENEFIT PAYMENTS AND BENEFIT
              CHECK DELIVERY.

    Not later than 9 months after the date of the enactment of this
Act, the Comptroller General of the United States shall conduct a study
and submit a report to the Congress on--
            (1) the effects of requiring the use of a debit card system
        for making all benefit payments by the Federal Government; and
            (2) other innovative ways to enhance and upgrade the
        current methods by which the Federal Government delivers
        benefit payment checks.

SEC. 7. DEFINITIONS.

    (a) In General.--As used in this Act--
            (1) the term ``approved State system'' means a State check
        cashing business license or registration system that is
        approved by the Commission under section 3;
            (2) the term ``check cashing business'' means a person that
        regularly and primarily engages in the business of providing
        any check cashing service for a fee and not in exchange for
        goods or services;
            (3) the term ``check cashing service'' means--
                    (A) the issuance, redemption, or cashing of a 2-
                party or multi-party check or similar negotiable
                instrument;
                    (B) the sale, redemption, or cashing of a travelers
                check, money order, or similar negotiable instrument by
                an agent of the issuer of the instrument that is
                authorized to do so; or
                    (C) the transmittal of money by wire, in any form
                or by any method or manner;
            (4) the term ``Commission'' means the Federal Trade
        Commission;
            (5) the term ``depository institution'' has the meaning
        given that term in section 3 of the Federal Deposit Insurance
        Act (12 U.S.C. 1813(c));
            (6) the term ``Federally chartered credit union'' means a
        credit union having an organization certificate approved by the
        National Credit Union Board under section 102 of the Federal
        Credit Union Act (123 U.S.C. 1752a);
            (7) the term ``government check'' means any check issued by
        the United States or any agency of the United States;
            (8) the term ``insured depository institution'' has the
        meaning given that term in section 3(c) of the Federal Deposit
        Insurance Act (12 U.S.C. 1813(c));
            (9) the term ``insured credit union'' has the meaning given
        that term in section 101(7) of the Federal Credit Union Act (12
        U.S.C. 1752(7));
            (10) the term ``State'' means the 50 States, the District
        of Columbia, and the territories and possessions of the United
        States; and
            (11) the term ``sufficient identification'' means--
                    (A) a valid driver's license that bears the name
                and address of the person providing the license as
                identification;
                    (B) a valid photo-identification card issued by a
                State or Federal agency; or
                    (C) a valid United States passport.
    (b) Terms Relating to Enforcement of Section 4.--A term used in
section 4 that is not defined in this Act shall have the meaning given
that term by--
            (1) section 3(s) of the Federal Deposit Insurance Act (12
        U.S.C. 1813(s)); or
            (2) in the case of a term not defined in the Act referred
        to in paragraph (1), section 1(b) of the International Banking
        Act of 1978 (12 U.S.C. 3101).

Summary: Check Cashing Act of 1995 - Requires any person other than a depository institution to obtain a State license or registration as a prerequisite to conducting a check cashing business. Prescribes guidelines under which the Federal Trade Commission may approve a State check cashing business licensing or registration system. Cites circumstances under which an insured depository institution or 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 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.

Check Cashing Act of 1995


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Nuclear Non-Proliferation Policy Act
of 1993''.

SEC. 2. FINDINGS.

    The Congress makes the following findings:
            (1) The United States has been a leader in seeking to
        contain the spread of nuclear weapons technology and materials.
            (2) With the end of the Cold War and the breakup of the
        Soviet Union, the proliferation of nuclear weapons, especially
        to countries in unstable regions, is now the leading military
        threat to the national security of the United States and its
        allies.
            (3) The United Nations Security Council declared on January
        31, 1992, that ``proliferation of all weapons of mass
        destruction constitutes a threat to international peace and
        security'' and committed to taking appropriate action to
        prevent proliferation from occurring. The establishment of the
        United Nations Special Commission on Iraq was an important
        precedent to that end.
            (4) Aside from the 5 declared nuclear weapon states, a
        number of other nations have or are pursuing nuclear weapons
        capabilities.
            (5) Regional nuclear arms races pose perhaps the most
        likely prospect for the future use of nuclear weapons.
            (6) The break-up of the Soviet Union has increased the
        threat of nuclear proliferation.
            (7) In May 1992, Ukraine, Belarus, and Kazakhstan signed
        the protocols to START I and committed to acceding to the
        Nuclear Non-Proliferation Treaty as non-nuclear weapon states
        ``in the shortest possible time''.
            (8) Iraq had a substantial, clandestine nuclear weapons
        program which went undetected by the International Atomic
        Energy Agency (IAEA) inspection process and was greatly
        assisted by dual-use exports from western countries, including
        the United States.
            (9) North Korea's statement of intent to withdraw from the
        Nuclear Non-Proliferation Treaty, and its refusal to allow IAEA
        inspections of all of its known and suspected nuclear
        facilities, are unprecedented actions which could greatly
        undermine efforts to stop nuclear proliferation.
            (10) Brazil and Argentina had substantial programs to build
        nuclear weapons and South Africa has admitted developing and
        building 6 nuclear weapons, but in response to reduced regional
        tensions and other factors, all 3 countries have renounced
        nuclear weapons and accepted IAEA safeguards for all of their
        nuclear facilities, and South Africa has acceded to the Non-
        Proliferation Treaty as a non-nuclear weapon state.
            (11) United States security interests and current policy
        and practices are consistent with the terms of the South
        Pacific Nuclear Free Zone Treaty which, like nuclear weapons
        free zones in Latin America, South Asia, and the Middle East
        that the United States supports, can contribute to efforts to
        avoid regional conflicts and prevent arms races.
            (12) The IAEA is a valuable tool to counter proliferation,
        but the effectiveness of its system to safeguard nuclear
        materials may be adversely affected by institutional and
        financial constraints.
            (13) The Nuclear Non-Proliferation Treaty, which codifies
        world consensus against further nuclear proliferation and is
        scheduled for review and extension in 1995, should be expanded
        in membership and extended indefinitely, and additional steps
        should be taken to strengthen the international nuclear
        nonproliferation regime.
            (14) The Nuclear Nonproliferation Act of 1978 declared that
        the United States is committed to continued strong support for
        the Nuclear Non-Proliferation Treaty and to a strengthened and
        more effective IAEA, and established that it is United States
        policy to establish more effective controls over the transfer
        of nuclear equipment, materials, and technology.
            (15) The goal of the United States is to end the further
        spread of nuclear weapons capability, roll back nuclear
        proliferation where it has occurred, and prevent the use of
        nuclear weapons anywhere in the world. To that end the United
        States should adopt a comprehensive nuclear nonproliferation
        policy.

SEC. 3. COMPREHENSIVE NUCLEAR NONPROLIFERATION POLICY.

    In order to end nuclear proliferation and reduce current nuclear
arsenals and supplies of weapons-usable nuclear materials, it shall be
the policy of the United States to pursue the following objectives:
            (1) Encourage Ukraine to join Kazakhstan and Belarus in
        ratifying the START I treaty and encourage Ukraine and
        Kazakhstan to join Belarus in voting to accede to the Nuclear
        Non-Proliferation Treaty as non-nuclear weapon states in the
        shortest possible time.
            (2) Encourage Belarus, Ukraine, and Kazakhstan to remove
        all nuclear weapons from their territory, accept IAEA
        safeguards over all of their nuclear facilities, and implement
        effective controls on nuclear and nuclear-related dual-use
        exports.
            (3) Reach an agreement with the Russian Federation--
                    (A) to deactivate and retire from field deployment
                on an accelerated schedule all weapons to be withdrawn
                under the START I treaty and the START II treaty;
                    (B) on data exchanges and inspection arrangements
                to verify the elimination of all nuclear weapons
                scheduled to be withdrawn under the START I treaty and
                the START II treaty; and
                    (C) to place all fissile material from such weapons
                under bilateral or international controls, or both.
            (4) Prepare for the ratification of the START II treaty by
        seeking the exchange of information between the United States
        and the Russian Federation on nuclear weapons stockpiles and
        fissile material facilities and inventories as required by the
        United States Senate as a condition to its approval of the
        START I Treaty.
            (5) Conclude a multilateral comprehensive nuclear test ban
        treaty by early 1995, before the conference to renew and extend
        the Nuclear Non-Proliferation Treaty is held.
            (6) Ratify the START II treaty in the United States and
        encourage ratification of that treaty by the Russian
        Federation, and reach agreement with the Russian Federation to
        end the production of new types of nuclear warheads.
            (7) Conclude a multilateral agreement to reduce the
        strategic nuclear arsenals of the United States and the Russian
        Federation to within a range of 1,000 to 2,000 each, with lower
        levels for the United Kingdom, France, and the People's
        Republic of China.
            (8) Conclude additional multilateral agreements to
        significantly and continuously reduce the nuclear arsenals of
        all countries through a stage-by-stage process.
            (9) Reach immediate agreement with the Russian Federation
        to halt permanently the production of fissile material for
        weapons purposes, and achieve worldwide agreements to--
                    (A) end by 1995 the production of fissile material
                for any purpose;
                    (B) place existing stockpiles of such materials
                under bilateral or international controls; and
                    (C) require all countries to place all of their
                nuclear facilities dedicated to peaceful purposes under
                IAEA safeguards.
            (10) Strengthen IAEA safeguards to more effectively verify
        that countries are complying with their nonproliferation
        commitments and provide the IAEA with the political, technical,
        and financial support necessary to implement the necessary
        safeguard reforms.
            (11) Strengthen nuclear export controls in the United
        States and other nuclear supplier nations, impose sanctions on
        individuals, companies, and countries which contribute to
        nuclear proliferation, and provide increased public information
        on nuclear export licenses approved in the United States.
            (12) Reduce incentives for countries to pursue the
        acquisition of nuclear weapons by seeking to reduce regional
        tensions and to strengthen regional security agreements, and
        encourage the United Nations Security Council to increase its
        role in enforcing international nuclear nonproliferation
        agreements.
            (13) Support the indefinite extension of the Nuclear Non-
        Proliferation Treaty at the 1995 conference to review and
        extend that treaty and seek to ensure that all countries sign
        the treaty or participate in a comparable international regime
        for monitoring and safeguarding nuclear facilities and
        materials.
            (14) Adopt a United States policy of ``no first use'' of
        nuclear weapons, reach agreement with the other nuclear weapon
        states to adopt such a policy and to assist immediately any
        country which is a party to the Nuclear Non-Proliferation
        Treaty should the use of nuclear weapons be initiated against
        such country.
            (15) Conclude a verifiable bilateral agreement with the
        Russian Federation under which both countries withdraw from
        their arsenals and dismantle all tactical nuclear weapons, and
        seek to extend to all nuclear weapon states this zero option
        for tactical nuclear weapons.
            (16) Sign the appropriate protocols to the South Pacific
        Nuclear Free Zone Treaty.

SEC. 4. REQUIREMENTS FOR IMPLEMENTATION OF POLICY.

    (a) Report to Congress.--Not later than 180 days after the date of
the enactment of this Act, and not later than February 1 of each year
thereafter, the President shall submit to the Congress a report on--
            (1) the actions the United States has taken and the actions
        the United States plans to take during the succeeding 12-month
        period to implement each of the policy objectives set forth in
        this Act;
            (2) actions which have been taken by the Russian
        Federation, by the other former Soviet republics, and by other
        countries and institutions to achieve those policy objectives;
        and
            (3) obstacles that have been encountered in seeking to
        implement those policy objectives.
Each such report shall be submitted in unclassified form, with a
classified appendix if necessary.
    (b) Report on Nuclear Stockpile Information.--The President shall
submit a report to the Congress on the specific actions that have been
taken and those that are planned to comply with Condition 8 concerning
the ``Nuclear Stockpile Weapons Arrangement'' of the Senate resolution
of ratification of the START I treaty (Treaty Doc. 102-20 and 102-32).

SEC. 5. DEFINITIONS.

    As used in this Act--
            (1) the term ``fissile materials'' means highly enriched
        uranium and plutonium;
            (2) the term ``highly enriched uranium'' means uranium
        enriched to 20 percent or more in the isotope U-235;
            (3) the term ``IAEA'' means the International Atomic Energy
        Agency;
            (4) the term ``IAEA safeguards'' means the safeguards set
        forth in an agreement between a country and the IAEA, as
        authorized by Article III(A)(5) of the Statute of the
        International Atomic Energy Agency;
            (5) a policy of ``no first use'' of nuclear weapons means a
        commitment not to initiate the use of nuclear weapons;
            (6) the term ``non-nuclear weapon state'' means any country
        that is not a nuclear weapon state;
            (7) the term ``Nuclear Non-Proliferation Treaty'' means the
        Treaty on the Non-Proliferation of Nuclear Weapons, signed at
        Washington, London, and Moscow on July 1, 1968;
            (8) the term ``nuclear weapon state'' means any country
        that is a nuclear-weapon state, as defined by Article IX(3) of
        the Treaty on the Non-Proliferation of Nuclear Weapons, signed
        at Washington, London, and Moscow on July 1, 1968;
            (9) the term ``START I treaty'' means the Treaty on the
        Reduction of Strategic Offensive Arms, signed by the United
        States and the Union of Soviet Socialist Republics on July 31,
        1991; and
            (10) the term ``START II treaty'' means the Treaty on
        Further Reductions and Limitations of Strategic Offensive Arms,
        signed by the United States and the Russian Federation on
        January 3, 1993.

Summary: Nuclear Non-Proliferation Policy Act of 1993 - Declares that, in order to end nuclear proliferation and reduce current nuclear arsenals and supplies of weapons-usable nuclear materials, it shall be US policy to pursue the following objectives: (1) encourage the Ukraine to ratify the START I treaty and Ukraine and Kazakhstan to vote to accede to the Nuclear Non-Proliferation Treaty as non-nuclear weapon states. (2) encourage Belarus, Ukraine, and Kazakhstan to remove all nuclear weapons from their territory, accept International Atomic Energy Agency (IAEA) safeguards over nuclear facilities, and implement effective controls on nuclear exports. (3) reach an agreement with the Russian Federation to deactivate weapons to be withdrawn under START I and II, place all fissile material from weapons under bilateral or international controls, and arrange for inspections and data exchanges. (4) prepare for the ratification of START II by seeking the exchange of information. (5) conclude a multilateral comprehensive nuclear test ban treaty by early 1995. (6) ratify START II in the United States and encourage the Russian Federation to do the same, (7) conclude multilateral agreements to reduce nuclear arsenals. (8) reach agreement with the Russian Federation to halt the production of fissile material for weapons purposes and other worldwide agreements respecting such materials and the placement of all nuclear facilities under IAEA safeguards, (9) strengthen IAEA safeguards and nuclear export controls. (10) reduce incentives for countries to pursue the acquisition of nuclear weapons by seeking to reduce regional tensions. (11) support the extension of the Nuclear Non-Proliferation Treaty at the 1995 conference. (12) adopt a US policy of no first use of nuclear weapons, reach agreement with other nuclear weapon states to adopt such a policy, and assist any country which is a party to the Nuclear Non-Proliferation Treaty should weapons be initiated against such country. (13) conclude an agreement with the Russian Federation to dismantle all tactical nuclear weapons. And (14) sign the appropriate protocols to the South Pacific Nuclear Free Zone Treaty.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Community Partnership Act of 2015''.

SEC. 2. AUTHORIZATION OF THE OFFICE FOR COMMUNITY PARTNERSHIPS OF THE
              DEPARTMENT OF HOMELAND SECURITY.

    (a) In General.--Title I of the Homeland Security Act of 2002 (6
U.S.C. 101 et seq.) is amended by adding at the end the following:

``SEC. 104. OFFICE FOR COMMUNITY PARTNERSHIPS.

    ``(a) Definitions.--In this section--
            ``(1) the term `countering violent extremism' means
        proactive and relevant actions to counter efforts by extremists
        to radicalize, recruit, and mobilize followers to violence and
        to address the conditions that allow for violent extremist
        recruitment and radicalization; and
            ``(2) the term `violent extremism' means ideologically
        motivated violence as a method of advancing a cause.
    ``(b) Establishment.--There is in the Department an Office for
Community Partnerships.
    ``(c) Head of Office.--The Office for Community Partnerships shall
be headed by an Assistant Secretary for Community Partnerships, who
shall be designated by the Secretary.
    ``(d) Deputy Assistant Secretary; Assignment of Personnel.--The
Secretary shall--
            ``(1) designate a career Deputy Assistant Secretary for
        Community Partnerships; and
            ``(2) assign or hire, as appropriate, permanent staff to
        the Office for Community Partnerships.
    ``(e) Responsibilities.--The Assistant Secretary for Community
Partnerships shall be responsible for the following:
            ``(1) Leading the efforts of the Department to counter
        violent extremism across all the components and offices of the
        Department that conduct strategic and supportive efforts to
        counter violent extremism. Such efforts shall include the
        following:
                    ``(A) Partnering with communities to address
                vulnerabilities that can be exploited by violent
                extremists in the United States and explore potential
                remedies for government and nongovernment institutions.
                    ``(B) Working with civil society groups and
                communities to counter violent extremist propaganda,
                messaging, or recruitment.
                    ``(C) In coordination with the Office for Civil
                Rights and Civil Liberties of the Department, managing
                the outreach and engagement efforts of the Department
                directed toward communities at risk for radicalization
                and recruitment for violent extremist activities.
                    ``(D) Ensuring relevant information, research, and
                products inform efforts to counter violent extremism.
                    ``(E) Developing and maintaining Departmentwide
                plans, strategy guiding policies, and programs to
                counter violent extremism. Such plans shall, at a
                minimum, address each of the following:
                            ``(i) The Department's plan to leverage new
                        and existing Internet and other technologies
                        and social media platforms to improve
                        nongovernment efforts to counter violent
                        extremism, as well as the best practices and
                        lessons learned of other Federal, State, local,
                        tribal, territorial, and foreign partners
                        engaged in similar counter-messaging efforts.
                            ``(ii) The Department's countering violent
                        extremism-related engagement efforts.
                            ``(iii) The use of cooperative agreements
                        with State, local, tribal, territorial, and
                        other Federal departments and agencies
                        responsible for efforts relating to countering
                        violent extremism.
                    ``(F) Coordinating with the Office for Civil Rights
                and Civil Liberties of the Department to ensure all of
                the activities of the Department related to countering
                violent extremism fully respect the privacy, civil
                rights, and civil liberties of all persons.
                    ``(G) In coordination with the Under Secretary for
                Science and Technology and in consultation with the
                Under Secretary for Intelligence and Analysis,
                identifying and recommending new research and analysis
                requirements to ensure the dissemination of information
                and methods for Federal, State, local, tribal, and
                territorial countering violent extremism practitioners,
                officials, law enforcement, and nongovernmental
                partners to utilize such research and analysis.
                    ``(H) Assessing the methods used by violent
                extremists to disseminate propaganda and messaging to
                communities at risk for recruitment by violent
                extremists.
            ``(2) Developing a digital engagement strategy that expands
        the outreach efforts of the Department to counter violent
        extremist messaging by--
                    ``(A) exploring ways to utilize relevant Internet
                and other technologies and social media platforms; and
                    ``(B) maximizing other resources available to the
                Department.
            ``(3) Serving as the primary representative of the
        Department in coordinating countering violent extremism efforts
        with other Federal departments and agencies and nongovernmental
        organizations.
            ``(4) Serving as the primary Department-level
        representative in coordinating with the Department of State on
        international countering violent extremism issues.
            ``(5) In coordination with the Administrator of the Federal
        Emergency Management Agency, providing guidance regarding the
        use of grants made to State, local, and tribal governments
        under sections 2003 and 2004 under the allowable uses
        guidelines related to countering violent extremism.
            ``(6) Developing a plan to expand philanthropic support for
        domestic efforts related to countering violent extremism,
        including by identifying viable community projects and needs
        for possible philanthropic support.
            ``(7) Administering the assistance described in subsection
        (f).
    ``(f) Grants To Counter Violent Extremism.--
            ``(1) In general.--In accordance with this subsection, the
        Secretary may award grants or cooperative agreements directly
        to eligible recipients identified in paragraph (2) to support
        the efforts of local communities in the United States to
        counter violent extremism.
            ``(2) Eligible recipients.--The Secretary may award
        competitive grants or cooperative agreements based on need
        directly to--
                    ``(A) States;
                    ``(B) local governments;
                    ``(C) tribal governments;
                    ``(D) nonprofit organizations; or
                    ``(E) institutions of higher education.
            ``(3) Use of funds.--Each entity receiving a grant or
        cooperative agreement under this subsection shall use the grant
        or cooperative agreement for one or more of the following
        purposes:
                    ``(A) To train or exercise for countering violent
                extremism, including building training or exercise
                programs designed to improve cultural competency and to
                ensure that communities, government, and law
                enforcement receive accurate, intelligence-based
                information about the dynamics of radicalization to
                violence.
                    ``(B) To develop, implement, or expand programs or
                projects with communities to discuss violent extremism
                or to engage communities that may be targeted by
                violent extremist radicalization.
                    ``(C) To develop and implement projects that
                partner with local communities to prevent
                radicalization to violence.
                    ``(D) To develop and implement a comprehensive
                model for preventing violent extremism in local
                communities, including existing initiatives of State or
                local law enforcement agencies and existing mechanisms
                for engaging the resources and expertise available from
                a range of social service providers, such as education
                administrators, mental health professionals, and
                religious leaders.
                    ``(E) To educate the community about countering
                violent extremism, including the promotion of
                community-based activities to increase the measures
                taken by the community to counter violent extremism.
                    ``(F) To develop or assist social service programs
                that address root causes of violent extremism and
                develop, build, or enhance alternatives for members of
                local communities that may be targeted by violent
                extremism.
                    ``(G) To develop or enhance State or local
                government initiatives that facilitate and build
                overall capacity to address the threats post by violent
                extremism.
                    ``(H) To support such other activities, consistent
                with the purposes of this subsection, as the Secretary
                determines appropriate.
            ``(4) Grant guidelines.--
                    ``(A) In general.--For each fiscal year, before
                awarding a grant or cooperative agreement under this
                subsection, the Secretary shall develop guidelines
                published in a notice of funding opportunity that
                describe--
                            ``(i) the process for applying for grants
                        and cooperative agreements under this
                        subsection;
                            ``(ii) the criteria that the Secretary will
                        use for selecting recipients based on the need
                        demonstrated by the applicant; and
                            ``(iii) the requirements that recipients
                        must follow when utilizing funds under this
                        subsection to conduct training and exercises
                        and otherwise engage local communities
                        regarding countering violent extremism.
                    ``(B) Considerations.--In developing the
                requirements under subparagraph (A)(iii), the Secretary
                shall consider the following:
                            ``(i) Training objectives should be clearly
                        defined to meet specific countering violent
                        extremism goals, such as community engagement,
                        cultural awareness, or community-based
                        policing.
                            ``(ii) Engaging diverse communities in the
                        United States to counter violent extremism may
                        require working with local grassroots community
                        organizations to develop engagement and
                        outreach initiatives.
                            ``(iii) Training programs should--
                                    ``(I) be sensitive to
                                constitutional values, such as
                                protecting fundamental civil rights and
                                civil liberties, and eschew notions of
                                racial and ethnic profiling; and
                                    ``(II) adhere to the standards and
                                ethics of the Department, ensuring that
                                the clearly defined objectives are in
                                line with the strategies of the
                                Department to counter violent
                                extremism.
                            ``(iv) Establishing vetting procedures for
                        self-selected countering violent extremism
                        training experts who offer programs that may
                        claim to counter violent extremism, but serve
                        to demonize certain individuals or whole cross
                        sections of a community.
                            ``(v) Providing a review process to
                        determine if countering violent extremism
                        training focuses on community engagement and
                        outreach.
                            ``(vi) Providing support to law enforcement
                        to enhance knowledge, skills, and abilities to
                        increase engagement techniques with diverse
                        communities in the United States.
    ``(g) Annual Report.--Beginning in the first fiscal year beginning
after the date of enactment of this section, and in each of the next 5
fiscal years, the Assistant Secretary of the Office for Community
Partnerships shall submit to Congress an annual report on the Office
for Community Partnerships, which shall include--
            ``(1) a description of the status of the programs and
        policies of the Department for countering violent extremism in
        the United States;
            ``(2) a description of the efforts of the Office for
        Community Partnerships to cooperate with and provide assistance
        to other Federal departments and agencies;
            ``(3) qualitative and quantitative metrics for evaluating
        the success of such programs and policies and the steps taken
        to evaluate the success of such programs and policies; and
            ``(4) an accounting of--
                    ``(A) grants awarded by the Department to counter
                violent extremism; and
                    ``(B) all training specifically aimed at countering
                violent extremism sponsored by the Department.''.
    (b) Technical and Conforming Amendment.--The table of contents in
section 1(b) of the Homeland Security Act of 2002 (Public Law 107-296;
116 Stat. 2135) is amended by inserting after the item relating to
section 103 the following:

``Sec. 104. Office for Community Partnerships.''.

Summary: Community Partnership Act of 2015 This bill amends the Homeland Security Act of 2002 to establish in the Department of Homeland Security (DHS) an Office for Community Partnerships, headed by an Assistant Secretary for Community Partnerships. The Assistant Secretary shall be responsible for: leading strategic and supportive efforts by DHS components and offices to counter violent extremism. Developing a digital engagement strategy that expands the outreach efforts of DHS to counter violent extremist messaging. Serving as the primary DHS representative in coordinating countering violent extremism efforts with other federal agencies and nongovernmental organizations and in coordinating with the Department of State on international countering violent extremism issues. Providing guidance, in coordination with the Federal Emergency Management Agency (FEMA), regarding the use of grants made to state, local, and tribal governments under the Urban Area Security Initiative and the State Homeland Security Grant Program under the allowable uses guidelines related to countering violent extremism. Developing a plan to expand philanthropic support for domestic efforts related to countering violent extremism. And administering grants to counter extremism, as authorized below. DHS may award grants or cooperative agreements directly, based on need, to states, local governments, tribal governments, nonprofit organizations, or institutions of higher education to support the efforts of local communities in the United States to prevent and counter violent extremism.

Community Partnership Act of 2015


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Rocky Mountain Front Heritage Act of
2013''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Conservation management area.--The term ``Conservation
        Management Area'' means the Rocky Mountain Front Conservation
        Management Area established by section 3(a)(1).
            (2) Decommission.--The term ``decommission'' means--
                    (A) to reestablish vegetation on a road; and
                    (B) to restore any natural drainage, watershed
                function, or other ecological processes that are
                disrupted or adversely impacted by the road by removing
                or hydrologically disconnecting the road prism.
            (3) District.--The term ``district'' means the Rocky
        Mountain Ranger District of the Lewis and Clark National
        Forest.
            (4) Map.--The term ``map'' means the map entitled ``Rocky
        Mountain Front Heritage Act'' and dated October 27, 2011.
            (5) Nonmotorized recreation trail.--The term ``nonmotorized
        recreation trail'' means a trail designed for hiking,
        bicycling, or equestrian use.
            (6) Secretary.--The term ``Secretary'' means--
                    (A) with respect to land under the jurisdiction of
                the Secretary of Agriculture, the Secretary of
                Agriculture; and
                    (B) with respect to land under the jurisdiction of
                the Secretary of the Interior, the Secretary of the
                Interior.
            (7) State.--The term ``State'' means the State of Montana.

SEC. 3. ROCKY MOUNTAIN FRONT CONSERVATION MANAGEMENT AREA.

    (a) Establishment.--
            (1) In general.--There is established the Rocky Mountain
        Front Conservation Management Area in the State.
            (2) Area included.--The Conservation Management Area shall
        consist of approximately 195,073 acres of Federal land managed
        by the Forest Service and 13,087 acres of Federal land managed
        by the Bureau of Land Management in the State, as generally
        depicted on the map.
            (3) Incorporation of acquired land and interests.--Any land
        or interest in land that is located in the Conservation
        Management Area and is acquired by the United States from a
        willing seller shall--
                    (A) become part of the Conservation Management
                Area; and
                    (B) be managed in accordance with--
                            (i) in the case of land managed by the
                        Forest Service--
                                    (I) the Act of March 1, 1911
                                (commonly known as the ``Weeks Law'')
                                (16 U.S.C. 552 et seq.); and
                                    (II) any laws (including
                                regulations) applicable to the National
                                Forest System;
                            (ii) in the case of land managed, by the
                        Bureau of Land Management, the Federal Land
                        Policy and Management Act of 1976 (43 U.S.C.
                        1701 et seq.);
                            (iii) this section; and
                            (iv) any other applicable law (including
                        regulations).
    (b) Purposes.--The purposes of the Conservation Management Area are
to conserve, protect, and enhance for the benefit and enjoyment of
present and future generations the recreational, scenic, historical,
cultural, fish, wildlife, roadless, and ecological values of the
Conservation Management Area.
    (c) Management.--
            (1) In general.--The Secretary shall manage the
        Conservation Management Area--
                    (A) in a manner that conserves, protects, and
                enhances the resources of the Conservation Management
                Area; and
                    (B) in accordance with--
                            (i) the laws (including regulations) and
                        rules applicable to the National Forest System
                        for land managed by the Forest Service;
                            (ii) the Federal Land Policy and Management
                        Act of 1976 (43 U.S.C. 1701 et seq.) for land
                        managed by the Bureau of Land Management;
                            (iii) this section; and
                            (iv) any other applicable law (including
                        regulations).
            (2) Uses.--
                    (A) In general.--The Secretary shall only allow
                such uses of the Conservation Management Area that the
                Secretary determines would further the purposes
                described in subsection (b).
                    (B) Motorized vehicles.--
                            (i) In general.--The use of motorized
                        vehicles in the Conservation Management Area
                        shall be permitted only on existing roads,
                        trails, and areas designated for use by such
                        vehicles as of the date of enactment of this
                        Act.
                            (ii) New or temporary roads.--Except as
                        provided in clause (iii), no new or temporary
                        roads shall be constructed within the
                        Conservation Management Area.
                            (iii) Exceptions.--Nothing in clause (i) or
                        (ii) prevents the Secretary from--
                                    (I) rerouting or closing an
                                existing road or trail to protect
                                natural resources from degradation, as
                                determined to be appropriate by the
                                Secretary;
                                    (II) constructing a temporary road
                                on which motorized vehicles are
                                permitted as part of a vegetation
                                management project in any portion of
                                the Conservation Management Area
                                located not more than \1/4\ mile from
                                the Teton Road, South Teton Road, Sun
                                River Road, Beaver Willow Road, or
                                Benchmark Road;
                                    (III) authorizing the use of
                                motorized vehicles for administrative
                                purposes (including noxious weed
                                eradication or grazing management); or
                                    (IV) responding to an emergency.
                            (iv) Decommissioning of temporary roads.--
                        The Secretary shall decommission any temporary
                        road constructed under clause (iii)(II) not
                        later than 3 years after the date on which the
                        applicable vegetation management project is
                        completed.
                    (C) Grazing.--The Secretary shall permit grazing
                within the Conservation Management Area, if established
                on the date of enactment of this Act--
                            (i) subject to--
                                    (I) such reasonable regulations,
                                policies, and practices as the
                                Secretary determines appropriate; and
                                    (II) all applicable laws; and
                            (ii) in a manner consistent with--
                                    (I) the purposes described in
                                subsection (b); and
                                    (II) the guidelines set forth in
                                the report of the Committee on Interior
                                and Insular Affairs of the House of
                                Representatives accompanying H.R. 5487
                                of the 96th Congress (H. Rept. 96-617).
                    (D) Vegetation management.--Nothing in this Act
                prevents the Secretary from conducting vegetation
                management projects within the Conservation Management
                Area--
                            (i) subject to--
                                    (I) such reasonable regulations,
                                policies, and practices as the
                                Secretary determines appropriate; and
                                    (II) all applicable laws (including
                                regulations); and
                            (ii) in a manner consistent with the
                        purposes described in subsection (b).

SEC. 4. DESIGNATION OF WILDERNESS ADDITIONS.

    (a) In General.--In accordance with the Wilderness Act (16 U.S.C.
1131 et seq.), the following Federal land in the State is designated as
wilderness and as additions to existing components of the National
Wilderness Preservation System:
            (1) Bob marshall wilderness.--Certain land in the Lewis and
        Clark National Forest, comprising approximately 50,401 acres,
        as generally depicted on the map, which shall be added to and
        administered as part of the Bob Marshall Wilderness designated
        under section 3 of the Wilderness Act (16 U.S.C. 1132).
            (2) Scapegoat wilderness.--Certain land in the Lewis and
        Clark National Forest, comprising approximately 16,711 acres,
        as generally depicted on the map, which shall be added to and
        administered as part of the Scapegoat Wilderness designated by
        the first section of Public Law 92-395 (16 U.S.C. 1132 note).
    (b) Management of Wilderness Additions.--Subject to valid existing
rights, the land designated as wilderness additions by subsection (a)
shall be administered by the Secretary in accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.), except that any reference in
that Act to the effective date of that Act shall be deemed to be a
reference to the date of the enactment of this Act.
    (c) Livestock.--The grazing of livestock and the maintenance of
existing facilities relating to grazing in the wilderness additions
designated by this section, if established before the date of enactment
of this Act, shall be permitted to continue in accordance with--
            (1) section 4(d)(4) of the Wilderness Act (16 U.S.C.
        1133(d)(4)); and
            (2) the guidelines set forth in the report of the Committee
        on Interior and Insular Affairs of the House of Representatives
        accompanying H.R. 5487 of the 96th Congress (H. Rept. 96-617).
    (d) Wildfire, Insect, and Disease Management.--In accordance with
section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), within
the wilderness additions designated by this section, the Secretary may
take any measures that the Secretary determines to be necessary to
control fire, insects, and diseases, including, as the Secretary
determines appropriate, the coordination of those activities with a
State or local agency.
    (e) Adjacent Management.--
            (1) In general.--The designation of a wilderness addition
        by this section shall not create any protective perimeter or
        buffer zone around the wilderness area.
            (2) Nonwilderness activities.--The fact that nonwilderness
        activities or uses can be seen or heard from areas within a
        wilderness addition designated by this section shall not
        preclude the conduct of those activities or uses outside the
        boundary of the wilderness area.

SEC. 5. MAPS AND LEGAL DESCRIPTIONS.

    (a) In General.--As soon as practicable after the date of enactment
of this Act, the Secretary shall prepare maps and legal descriptions of
the Conservation Management Area and the wilderness additions
designated by sections 3 and 4, respectively.
    (b) Force of Law.--The maps and legal descriptions prepared under
subsection (a) shall have the same force and effect as if included in
this Act, except that the Secretary may correct typographical errors in
the map and legal descriptions.
    (c) Public Availability.--The maps and legal descriptions prepared
under subsection (a) shall be on file and available for public
inspection in the appropriate offices of the Forest Service and Bureau
of Land Management.

SEC. 6. NOXIOUS WEED MANAGEMENT.

    (a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary of Agriculture shall prepare a comprehensive
management strategy for preventing, controlling, and eradicating
noxious weeds in the district.
    (b) Contents.--The management strategy shall--
            (1) include recommendations to protect wildlife, forage,
        and other natural resources in the district from noxious weeds;
            (2) identify opportunities to coordinate noxious weed
        prevention, control, and eradication efforts in the district
        with State and local agencies, Indian tribes, nonprofit
        organizations, and others;
            (3) identify existing resources for preventing,
        controlling, and eradicating noxious weeds in the district;
            (4) identify additional resources that are appropriate to
        effectively prevent, control, or eradicate noxious weeds in the
        district; and
            (5) identify opportunities to coordinate with county weed
        districts in Glacier, Pondera, Teton, and Lewis and Clark
        Counties in the State to apply for grants and enter into
        agreements for noxious weed control and eradication projects
        under the Noxious Weed Control and Eradication Act of 2004 (7
        U.S.C. 7781 et seq.).
    (c) Consultation.--In developing the management strategy required
under subsection (a), the Secretary shall consult with--
            (1) the Secretary of the Interior;
            (2) appropriate State, tribal, and local governmental
        entities; and
            (3) members of the public.

SEC. 7. NONMOTORIZED RECREATION OPPORTUNITIES.

    Not later than 2 years after the date of enactment of this Act, the
Secretary of Agriculture, in consultation with interested parties,
shall conduct a study to improve nonmotorized recreation trail
opportunities (including mountain bicycling) on land not designated as
wilderness within the district.

SEC. 8. MANAGEMENT OF FISH AND WILDLIFE; HUNTING AND FISHING.

    Nothing in this Act affects the jurisdiction of the State with
respect to fish and wildlife management (including the regulation of
hunting and fishing) on public land in the State.

SEC. 9. OVERFLIGHTS.

    (a) Jurisdiction of the Federal Aviation Administration.--Nothing
in this Act affects the jurisdiction of the Federal Aviation
Administration with respect to the airspace above the wilderness or the
Conservation Management Area.
    (b) Benchmark Airstrip.--Nothing in this Act affects the continued
use, maintenance, and repair of the Benchmark (3U7) airstrip.

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as are necessary
to carry out this Act.

Summary: Rocky Mountain Front Heritage Act of 2013 - Establishes the Rocky Mountain Front Conservation Management Area in Montana consisting of approximately 195,073 acres of federal land managed by Forest Service and 13,087 acres of federal land managed by the Bureau of Land Management (BLM). Permits the Secretary of Agriculture with respect to Forest Service land or the Secretary of the Interior with respect to BLM land to only allow uses of the Conservation Management Area that would conserve, protect, and enhance the benefit and enjoyment of present and future generations of the recreational, scenic, historical, cultural, fish, wildlife, roadless, and ecological values of the Area. Sets forth provisions for the management of the Conservation Management Area regarding motorized vehicles and vegetation management projects. Allows the Secretary concerned to permit grazing within the Conservation Management Area if it was established before enactment of this Act. Designates specified land within the Lewis and Clark National Forest in Montana as wilderness. Adds the land to the National Wilderness Preservation System. Permits livestock grazing and the maintenance of existing grazing facilities to continue if it was established before enactment of this Act. Authorizes the Secretary concerned to take necessary measures to control fires, insects, and diseases. Directs the Department of Agriculture (USDA) to prepare a comprehensive management strategy for the prevention, control, and eradication of noxious weeds in the Rocky Mountain Ranger District of the Lewis and Clark National Forest. Authorizes USDA to conduct a study for improving nonmotorized recreation trail opportunities, including mountain bicycling, on land within the District that is not designated as wilderness. States that nothing in this Act affects Montana's jurisdiction over fish and wildlife management, including the regulation of hunting and fishing. States that nothing in this Act affects the jurisdiction of the Federal Aviation Administration (FAA) respecting the airspace above the wilderness or the Conservation Management Area nor the continued use, maintenance, and repair of the Benchmark (3U7) airstrip.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Meat and Poultry Products
Traceability and Safety Act of 2003''.

SEC. 2. TRACEABILITY OF LIVESTOCK AND POULTRY.

    (a) Livestock.--Title I of the Federal Meat Inspection Act (21
U.S.C. 601 et seq.) is amended by adding at the end the following:

``SEC. 25. TRACEABILITY OF LIVESTOCK, MEAT, AND MEAT PRODUCTS.

    ``(a) Definition of Traceability.--In this section, the term
`traceability' means the ability to retrieve the history, use, and
location of an article through a recordkeeping and audit system or
registered identification.
    ``(b) Requirements.--
            ``(1) In general.--Cattle, sheep, swine, goats, and horses,
        mules, and other equines presented for slaughter for human food
        purposes, and the carcasses or parts of carcasses and the meat
        and meat food products of those animals, shipped in interstate
        commerce shall be identified in a manner that enables the
        Secretary to trace--
                    ``(A) each animal to any premises or other location
                at which the animal was held at any time before
                slaughter; and
                    ``(B) each carcass or part of a carcass and meat
                and meat food product of such animals forward from
                slaughter through processing and distribution to the
                ultimate consumer.
            ``(2) Traceability system.--The Secretary shall establish a
        traceability system for all stages of production, processing,
        and distribution of meat and meat food products that are
        produced through the slaughter of animals described in
        paragraph (1).
    ``(c) Prohibition or Restriction on Entry.--The Secretary may
prohibit or restrict entry into any slaughtering establishment
inspected under this Act of any cattle, sheep, swine, goats, or horses,
mules, or other equines not identified as prescribed by the Secretary
under subsection (b).
    ``(d) Records.--
            ``(1) In general.--The Secretary may require that each
        person, firm, and corporation required to identify livestock
        pursuant to subsection (b) maintain accurate records, as
        prescribed by the Secretary, regarding the purchase, sale, and
        identification of the livestock.
            ``(2) Access.--Each person, firm, and corporation described
        in paragraph (1) shall, at all reasonable times, on notice by a
        duly authorized representative of the Secretary, allow the
        representative to access to each place of business of the
        person, firm, or corporation to examine and copy the records
        described in paragraph (1).
            ``(3) Duration.--Each person, firm, and corporation
        described in paragraph (1) shall maintain records required to
        be maintained under this subsection for such period of time as
        the Secretary prescribes.
    ``(e) False Information.--No person, firm, or corporation shall
falsify or misrepresent to any other person, firm, or corporation, or
to the Secretary, any information as to any premises at which any
cattle, sheep, swine, goats, horses, mules, or other equines, or
carcasses thereof, were held.
    ``(f) Alteration or Destruction of Records.--No person, firm, or
corporation shall, without authorization from the Secretary, alter,
detach, or destroy any records or other means of identification
prescribed by the Secretary for use in determining the premises at
which were held any cattle, sheep, swine, goats, horses, mules, or
other equines, or the carcasses thereof.''.
    (b) Poultry.--The Poultry Products Inspection Act is amended by
inserting after section 23 (21 U.S.C. 467e) the following:

``SEC. 23A. TRACEABILITY OF POULTRY AND POULTRY PRODUCTS.

    ``(a) Definition of Traceability.--In this section, the term
`traceability' means the ability to retrieve the history, use, and
location of an article through a recordkeeping and audit system or
registered identification.
    ``(b) Requirements.--
            ``(1) In general.--Poultry presented for slaughter for
        human food purposes and poultry products shipped in interstate
        commerce shall be identified in a manner that enables the
        Secretary to trace--
                    ``(A) each animal to any premises or other location
                at which the animal was held at any time before
                slaughter; and
                    ``(B) each poultry product forward from slaughter
                through processing and distribution to the ultimate
                consumer.
            ``(2) Traceability system.--The Secretary shall establish a
        traceability system for all stages of production, processing,
        and distribution of poultry and poultry food products that are
        produced through the slaughter of animals described in
        paragraph (1).
    ``(c) Prohibition or Restriction on Entry.--The Secretary may
prohibit or restrict entry into any slaughtering establishment
inspected under this Act of any poultry not identified as prescribed by
the Secretary.
    ``(d) Records.--
            ``(1) In general.--The Secretary may require that each
        person, firm, and corporation required to identify poultry
        pursuant to subsection (b) maintain accurate records, as
        prescribed by the Secretary, regarding the purchase, sale, and
        identification of the poultry.
            ``(2) Access.--Each person, firm, and corporation described
        in paragraph (1) shall, at all reasonable times, on notice by a
        duly authorized representative of the Secretary, allow the
        representative to access to each place of business of the
        person, firm, or corporation to examine and copy the records
        described in paragraph (1).
            ``(3) Duration.--Each person, firm, and corporation
        described in paragraph (1) shall maintain records required to
        be maintained under this subsection for such period of time as
        the Secretary prescribes.
    ``(e) False Information.--No person, firm, or corporation shall
falsify or misrepresent to any other person, firm, or corporation, or
to the Secretary, any information as to any premises at which any
poultry, or carcasses thereof, were held.
    ``(f) Alteration or Destruction of Records.--No person, firm, or
corporation shall, without authorization from the Secretary, alter,
detach, or destroy any records or other means of identification
prescribed by the Secretary for use in determining the premises at
which were held any poultry or the carcasses thereof.''.

Summary: Meat and Poultry Products Traceability and Safety Act of 2003 - Amends the Federal Meat Inspection Act and the Poultry Products Inspection Act to direct that cattle, sheep, swine, goats, horses, mules and other equines, and poultry presented for slaughter for human consumption, and the carcasses or parts of carcasses and the meat and food products of those animals, shipped in interstate commerce be identified in a manner that enables the Secretary of Agriculture to trace: (1) each animal to any location at which the animal was held at any time before slaughter. And (2) each carcass or part of a carcass and food product forward from slaughter through processing and distribution to the ultimate consumer. Authorizes the Secretary to prohibit or restrict entry to a slaughtering establishment of an animal not so identified. Directs the Secretary to establish a traceability system for all stages of production, processing, and distribution of meat and meat food products and poultry and poultry food products.

To amend the Federal Meat Inspection Act and the Poultry Products Inspection Act to improve the safety of meat and poultry products by enhancing the ability of the Secretary of Agriculture to retrieve the history, use, and location of a meat or poultry product through a recordkeeping and audit system or registered identification, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Immigration Enforcement Review
Commission Act''.

SEC. 2. CREATION OF IMMIGRATION ENFORCEMENT REVIEW COMMISSION.

    There is established the Immigration Enforcement Review Commission
(hereinafter referred to as the ``Review Commission''). The Review
Commission shall be comprised of a Board of Commissioners, an
Investigations Office, and a Community Outreach Office. In the
execution of its duties, the Review Commission shall comply with the
requirements established in this Act. The Immigration and
Naturalization Service and the Customs Service (hereinafter referred to
as ``the Services'') shall cooperate fully with the Review Commission
and its employees in carrying out the duties of the Review Commission
under this Act, and shall provide to the Commission such records as the
Commission considers appropriate.

SEC. 3. DUTIES OF REVIEW COMMISSION.

    The Review Commission shall be responsible for investigating
complaints of civil rights abuses against the Services, employees of
the Services, their divisions, or any facilities where detainees are
held in Service custody. Based upon its findings, the Review Commission
shall make recommendations to the Services to discipline Service
employees responsible for committing abuses. The Review Commission
shall also make policy recommendations to the Services as appropriate.

SEC. 4. REVIEW COMMISSION.

    (a) Composition of the Board of Commissioners.--The Board of
Commissioners (hereinafter referred to as the ``Board'') shall be
composed of 7 members who shall be appointed by the President by and
with the advice and consent of the Senate. The President shall
designate one member to serve as Director of the Board of
Commissioners. Not more than 4 members may be of the same political
party. The members of the Board shall be full-time employees.
    (b) Appointments and Terms of Office.--
            (1) Except as provided in paragraph (2), the term of each
        Commissioner shall be 6 years.
            (2) Of the members first appointed, 4 shall be appointed to
        terms of 3 years. Not more than 2 members appointed under this
        paragraph may be of the same political party.
            (3) A member appointed to fill a vacancy occurring before
        the expiration of the term for which that member's predecessor
        was appointed shall be appointed only for the remainder of that
        term.
            (4) No person shall serve as a member of the Board for more
        than 2 terms.
    (c) Compensation.--Each member of the Board shall receive
compensation at the annual rate of basic pay in effect for level V of
the Executive Schedule.
    (d) Eligibility.--A member of the Board may not have been employed
by the Services within the period beginning 5 years before appointment,
or employed by any law enforcement agency within the period beginning 1
year before appointment.

SEC. 5. ADMINISTRATIVE PROVISIONS.

    (a) Investigations Office.--The Review Commission shall employ such
investigative personnel as the Board considers advisable, in accordance
with the civil service and classification laws. Investigators shall be
charged with the responsibility of investigating all complaints brought
to the Review Commission's attention.
    (b) Community Outreach Office.--The Board shall appoint a Director
of Community Outreach. The Director of Community Outreach shall
establish local community task forces to improve the working
relationship between the Services and local community groups and
organizations.
    (c) Review Commission Facilities.--The Review Commission shall
establish a headquarters and 3 regional offices. The Review Commission
may not maintain offices in a facility under the control or operation
of the Services, or any facility in which either of the Services
occupies space.
    (d) Personnel Limitation.--An employee of the Review Commission may
not have been employed by the Services within the period beginning 5
years before appointment or employed by any law enforcement agency
within the period beginning 1 year before appointment.
    (e) Regulations.--The Review Commission is authorized to promulgate
such rules and regulations as may be necessary to carry out this Act
including procedures for the filing, investigation, and resolution of
complaints.

SEC. 6. OPERATIONS OF REVIEW COMMISSION.

    (a) Complaint Forms.--
            (1) Complaint forms shall be made available at all Service
        facilities and shall be available upon request from the Review
        Commission.
            (2) The complaint forms shall be written in languages
        reflecting the languages of the immigrant population.
    (b) Filing of Complaints.--
            (1) Complaints may be filed in person, by mail, by
        telephone, by facsimile, or by any other reasonable means.
        Complaints may be filed by any person, including anonymously,
        and may be filed on behalf of third parties. Complaints need
        not be filed on the official complaint forms.
            (2) The Review Commission shall establish and operate a
        multilingual, 24-hour, toll-free hotline to receive complaints.
            (3) Whenever possible, upon receipt of a complaint, the
        Review Commission shall provide to the complainant information
        which describes the review procedures of the Review Commission.
        Such information shall be available in languages reflecting the
        languages of the immigrant population.
    (c) Public Outreach.--
            (1) The Review Commission shall educate members of the
        public about its functions and shall receive and actively seek
        out suggestions from the public to improve the functioning of
        the Review Commission.
            (2) The Review Commission shall develop outreach materials,
        which shall include, a description of the Review Commission,
        its duties, and complaint procedures. Such materials shall be
        made available to the public in languages reflecting the
        languages of the immigrant population.
            (3) The Review Commission shall oversee the display and
        dissemination of outreach materials at all Service facilities.
    (d) Service Employees' Duty To Inform Commission.--
            (1) When a complaint of agent misconduct is brought to the
        attention of any Service employee, the employee shall promptly
        inform the complainant of proper procedures for filing a
        complaint.
            (2) A Service employee who witnesses or otherwise obtains
        actual knowledge of the use of force, that is unreasonable in
        light of the facts and circumstances and involves another
        Service employee, shall report such incident to the Review
        Commission within 24 hours of the acquisition of knowledge of
        such incident.
            (3) The Review Commission may promulgate regulations
        requiring Service employees to report to the Commission other
        violations of the Services' operating procedures.
    (e) Investigation of Complaints.--Each complaint shall be
investigated by an investigator who shall complete and submit a written
report to the Board of Commissioners within 60 days of the assignment,
unless the Board authorizes an extension. The Services shall grant
investigators access to information, documents, or other items relevant
to the matter under investigation. The Board may issue subpoenas.
Service employees shall cooperate fully with Review Commission
investigations, subject to the protections afforded by the
Constitution. Service employees shall be advised of their
constitutional rights and the procedural rights afforded under this
Act.
    (f) Disposition of Complaints.--
            (1) When the Board receives a written report on a complaint
        from an investigator, the Board shall designate a panel of 3 of
        its members (hereinafter referred to as the ``Panel'') to
        review the report.
            (2) The Panel shall conduct hearings on the complaint if--
                    (A) the alleged abuse is of a serious nature, as
                defined by the regulations prescribed under authority
                of this Act; or
                    (B) the Panel, by majority vote, decides to hold a
                hearing.
            (3) The Panel shall issue a written finding on the
        complaint based on the report alone or on the report and a
        hearing, if one is held.
            (4) The Panel shall forward its finding to both the
        complainant and the Service employee. The complainant and the
        Service employee shall have 30 days in which to review the
        Panel's official finding. During the 30-day period, either the
        complainant or the Service employee may take one of the
        following actions:
                    (A) If no hearing was held, request that the Panel
                conduct a hearing. A hearing shall be held if one
                member of the Panel votes to hold a hearing.
                    (B) Regardless of whether a hearing was held,
                request an en banc review of the Panel's decision. An
                en banc review will be granted if a majority of the
                Board votes to conduct such review.
            (5) If neither party makes a request pursuant to
        subparagraphs (A) or (B) of paragraph (4), or if such a request
        is denied, then the Board, promptly, shall report its finding
        to the appropriate Service.
            (6) All findings made by the Board of Commissioners sitting
        en banc shall be reported directly to the appropriate Service
        with copies to the complainant and the Service employee.
    (g) Hearings.--
            (1) Both the complainant and the subject Service employee
        shall have the right to be represented by counsel or other
        representative at Board hearings, to present witnesses, and to
        cross-examine witnesses.
            (2) Any finding of a violation on the part of a Service
        employee by the Board must be established by a preponderance of
        the evidence.
            (3)(A) Except as provided in subparagraph (B), hearings
        shall be open to the public and transcripts of hearings shall
        be available to the public.
            (B) For good cause the Board of Commissioners may close to
        the public all or any part of a hearing and may seal all or any
        part of the transcript of a hearing.
            (4) Unless mandated by unusual circumstances, a hearing
        shall be conducted in one location within the United States
        that is generally convenient to the complainant and any
        potential witnesses.
    (h) Disciplinary Recommendations.--
            (1) When a finding of a violation may constitute a criminal
        offense, the Board of Commissioners shall inform the
        appropriate Federal or State authorities so that appropriate
        prosecutorial action may be considered. Prosecutorial action
        shall not relieve the Board of its duties under this Act.
            (2) When a complaint has been substantiated, the Board
        shall recommend disciplinary action against the subject Service
        employee. The Board's recommendations shall be based on a
        schedule of sanctions determined by the Commission. If the
        Services do not adopt the recommendations of the Board, they
        shall provide a written explanation of the grounds for refusal
        to do so within 30 days of the Board's recommendation. The
        Commission's recommendations and the Service's explanation
        shall be made public.
            (3) Nothing in this Act shall affect the Services'
        authority to discipline their employees.
    (i) Early Warning Program.--The Review Commission shall conduct a
periodic review of all complaints in order to determine whether
particular Service employees have been the subject of repeated
complaints or have otherwise demonstrated they may be having difficulty
dealing appropriately with members of the public. The results of this
review shall be presented to the Services. The Review Commission shall
make recommendations to the Services with respect to so identified
Service employees including, but not limited to, recommendations of
training or counseling.
    (j) Records of Complaints and Statistical Summaries.--The Review
Commission shall maintain records of complaints, including a summary of
reports made pursuant to the Early Warning Program under subsection
(i). The Review Commission shall compile and publish, at least
annually, a statistical summary of all complaints received and the
dispositions of such complaints.

SEC. 7. RETALIATION.

    (a) Retaliation Prohibited.--Retaliation is prohibited and shall
constitute the basis for a complaint to the Commission.
    (b) Definition.--For the purposes of this Act, the term
``retaliation'' means any action or threat of action against a person,
including a Service employee, because such person filed a complaint,
testified, assisted, or participated in any manner in an investigation
or hearing related to the complaint procedures established by this Act.

SEC. 8. LIMITATION ON USE OF TESTIMONY.

    No testimony or other information gathered as part of a complaint,
investigation, or hearing under this Act may be used in any proceeding
under the Immigration and Nationality Act.

SEC. 9. FUNDING.

    Funds authorized to be appropriated for the Offices of Inspector
General of the Department of Justice and the Department of the Treasury
are authorized to be available to carry out this Act.

Summary: Immigration Enforcement Review Commission Act - Establishes the Immigration Enforcement Review Commission, composed of a Board of Commissioners, an Investigations Office, and a Community Outreach Office. States that the Commission shall: (1) investigate civil rights abuse complaints against the Immigration and Naturalization Service and the Customs Service or their employees, and (2) make policy recommendations as appropriate.