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.

Summary: 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.


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.

Summary: 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.


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.''.

Summary: 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.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Hurricane Katrina Financial Services Relief Act of 2005''. SEC. 2. FINDINGS. The Congress finds as follows: (1) On August 29, 2005, Hurricane Katrina, a category 4 storm with an impact area of 90,000 square miles, reached landfall devastating the States of Louisiana, Mississippi and Alabama, causing loss of life and property. (2) Levee breaches in the flood control system for the city of New Orleans as a result of Hurricane Katrina resulted in tragic flooding, causing additional loss of life and property. (3) Due to the substantial damage to both property and infrastructure, more than 1,000,000 people were made homeless or brought under financial duress by the effects of Hurricane Katrina. (4) At least 120 insured depository institutions and 96 insured credit unions are located in the areas of Texas, Louisiana, Mississippi and Alabama, declared as major disaster areas by the President. SEC. 3. DEFINITIONS. For purposes of this Act, the following definitions shall apply: (1) Appropriate federal banking agency.--The term ``appropriate Federal banking agency'' has the same meaning as in section 3 of the Federal Deposit Insurance Act. (2) Insured credit union.--The term ``insured credit union'' has the same meaning as in section 101 of the Federal Credit Union Act. (3) Insured depository institution.--The term ``insured depository institution'' has the same meaning as in section 3 of the Federal Deposit Insurance Act. (4) Qualified disaster area.--The term ``qualified disaster area'' means any area within Alabama, Louisiana, Florida, or Mississippi in which the President, pursuant to section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, has determined, on or after August 25, 2005, that a major disaster exists due to Hurricane Katrina. SEC. 4. SENSE OF THE CONGRESS ON CASHING OF GOVERNMENT CHECKS. It is the sense of the Congress that-- (1) it is vital that insured depository institutions and insured credit unions continue to provide financial services to consumers displaced or otherwise affected by Hurricane Katrina, which includes the cashing of Federal government assistance and benefit checks; (2) the Secretary of the Treasury and the Federal financial regulators should seek to educate insured depository institutions and insured credit unions on the proper application of the guidance issued by the Secretary on cashing of Federal government assistance and benefit checks and published in the Federal Register while such guidance is in effect; and (3) the Federal financial regulators should continue to work with the insured depository institutions and insured credit unions operating under extraordinary circumstances to facilitate the cashing of Federal government assistance and benefit checks. SEC. 5. WAIVER OF FEDERAL RESERVE BOARD FEES FOR CERTAIN SERVICES. Notwithstanding section 11A of the Federal Reserve Act or any other provision of law, during the effective period of this section, a Federal reserve bank shall waive or rebate any transaction fee for wire transfer services that otherwise would be imposed on any insured depository institution or insured credit union that as of August 28, 2005, was headquartered in a qualified disaster area. SEC. 6. FLEXIBILITY IN CAPITAL AND NET WORTH STANDARDS FOR AFFECTED INSTITUTIONS. (a) In General.--Notwithstanding section 38 of the Federal Deposit Insurance Act, section 216 of the Federal Credit Union Act, or any other provision of Federal law, during the 18-month period beginning on the date of enactment of this Act, the appropriate Federal banking agency and the National Credit Union Administration may forbear from taking any action required under any such section or provision, on a case-by-case basis, with respect to any undercapitalized insured depository institution or undercapitalized insured credit union that is not significantly or critically undercapitalized, if such agency or Administration determines that-- (1) the insured depository institution or insured credit union derives more than 50 percent of its total deposits from persons who normally reside within, or whose principal place of business is normally within, a qualified disaster area; (2) the insured depository institution or insured credit union was at least adequately capitalized as of August 25, 2005; (3) the reduction in the capital or net worth category of the insured depository institution or insured credit union is directly attributable to the impact of Hurricane Katrina; and (4) forbearance from any such action-- (A) would facilitate the recovery of the insured depository institution or insured credit union from the disaster in accordance with a recovery plan or a capital or net worth restoration plan established by such depository institution or credit union; and (B) would be consistent with safe and sound practices. (b) Capital and Net Worth Categories Defined.--For purposes of this section, the terms relating to capital categories for insured depository institutions have the same meaning as in section 38(b)(1) of the Federal Deposit Insurance Act and the terms relating to net worth categories for insured credit unions have the same meaning as in section 216(c)(1) of the Federal Credit Union Act. SEC. 7. DEPOSIT OF INSURANCE PROCEEDS. (a) In General.--The appropriate Federal banking agency and the National Credit Union Administration may, by order, permit an insured depository institution or insured credit union, during the 18-month period beginning on the date of enactment of this Act, to subtract from such institution's or credit union's total assets in calculating compliance with the leverage limit, applicable under section 38 of the Federal Deposit Insurance Act or section 216(c)(2) of the Federal Credit Union Act with respect to such insured depository institution or insured credit union, an amount not exceeding the qualifying amount attributable to insurance proceeds, if the agency or Administration determines that-- (1) such institution or credit union-- (A) derives more than 50 percent of its total deposits from persons who normally reside within, or whose principal place of business is normally within, a qualified disaster area; (B) was at least adequately capitalized as of August 25, 2005; and (C) has an acceptable plan for managing the increase in its total assets and total deposits; and (2) the subtraction is consistent with the purpose of section 38 of the Federal Deposit Insurance Act, in the case of an insured depository institution, and section 216 of the Federal Credit Union Act, in the case of an insured credit union. (b) Definitions.--For purposes of this section, the following definitions shall apply: (1) Leverage limit.--The term ``leverage limit''-- (A) with respect to an insured depository institution, has the same meaning as in section 38 of the Federal Deposit Insurance Act; and (B) with respect to an insured credit union, means the net worth ratio that corresponds to the leverage limit, as established in accordance with section 216(c)(2). (2) Qualifying amount attributable to insurance proceeds.-- The term ``qualifying amount attributable to insurance proceeds'' means the amount (if any) by which the institution's or credit union's total assets exceed the institution's or credit union's average total assets during the calendar quarter ending before the date of the earliest Presidential determination referred to in section 3(4), because of the deposit of insurance payments or governmental assistance, including government disaster relief payments, made with respect to damage caused by, or other costs resulting from, the major disaster within a qualified disaster area. SEC. 8. EFFECTIVE PERIOD. (a) In General.--Except as provided in sections 4(2), 6(a), and 7(a) and subject to subsection (b), the provisions of this Act shall not apply after the end of the 180-day period beginning on the date of the enactment of this Act. (b) 30-Day Extension Authorized.--With respect to the provisions of section 5, the 180-day period referred to in subsection (a) may be extended for 1 additional 30-day period upon a determination by the Board of Governors of the Federal Reserve System that such extension is appropriate to achieve the purposes of this Act. Passed the House of Representatives October 27, 2005. Attest: JEFF TRANDAHL, Clerk.

Summary: Hurricane Katrina Financial Services Relief Act of 2005 - (Sec. 4) Expresses the sense of Congress that it is vital that insured depository institutions and insured credit unions continue to provide financial services to consumers displaced or otherwise affected by Hurricane Katrina, which includes the cashing of federal government assistance and benefit checks. Urges the Secretary of the Treasury and federal financial regulators to seek to educate insured depository institutions and insured credit unions on the proper application of the guidance on cashing of federal government assistance and benefit checks. Urges federal financial regulators to continue to work with such institutions and credit unions operating under extraordinary circumstances to facilitate the cashing of federal government assistance and benefit checks. (Sec. 5) Requires a federal reserve bank to waive or rebate any transaction fee for wire transfer services that otherwise would be imposed on any insured depository institution or insured credit union that, as of August 28, 2005, was headquartered in a qualified disaster area. (Sec. 6) Authorizes a federal financial regulator in specified circumstances to: (1) forbear from taking any action, on a case-by-case basis, with respect to any undercapitalized insured entity that is not significantly or critically undercapitalized; and (2) permit such entity, in calculating compliance with the applicable leverage limit, to subtract from its total assets an amount not exceeding the qualifying amount attributable to insurance proceeds. Identifies such an insured entity as one that: (1) derives more than 50% of its total deposits from persons who normally reside within, or whose principal place of business is normally within, a qualified disaster area; (2) was adequately capitalized as of August 25, 2005; (3) incurred reduction of its capital or net worth category as a direct result of Hurricane Katrina;(4) has established a recovery plan, or a capital or net worth restoration plan; and (5) has an acceptable plan for managing the increase in its total assets and deposits. (Sec. 8) Terminates the application of this Act 180 days after its enactment. Allows one additional 30-day extension by the Board of Governors of the Federal Reserve System of the application period.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Peer Support Communities of Recovery Act''. SEC. 2. BUILDING COMMUNITIES OF RECOVERY. Section 547 of the Public Health Service Act (42 U.S.C. 290ee-2) is amended-- (1) in subsection (a)-- (A) in the heading, by striking ``Definition'' and inserting ``Definitions''; (B) in the matter preceding paragraph (1), by striking ``In this section, the term `recovery community organization' means an independent nonprofit organization that--'' and inserting ``In this section:''; (C) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and moving such subparagraphs (as so redesignated) 2 ems to the right; (D) by inserting before subparagraph (A) (as so redesignated) the following: ``(1) Recovery community organization.--The term `recovery community organization' means an independent nonprofit organization that--''; and (E) by adding at the end the following: ``(2) Eligible entity.--The term `eligible entity' means-- ``(A) a national nonprofit entity focused on substance use disorder with a network of local affiliates and partners that are geographically and organizationally diverse; or ``(B) a nonprofit organization-- ``(i) focused on substance use disorder; ``(ii) established by individuals in personal or family recovery; and ``(iii) serving prevention, treatment, recovery, payor, faith-based, and criminal justice stakeholders in the implementation of local addiction and recovery initiatives.''; (2) in subsection (b)-- (A) by striking ``The Secretary shall award grants to recovery community organizations'' and inserting ``The Secretary-- ``(1) shall award grants to recovery community organizations''; (B) by striking ``services.'' and inserting ``services and allow such organizations to use such grant funds to carry out the activities described in subparagraphs (A) through (C) of subsection (c)(2); and''; and (C) by adding at the end the following: ``(2) may award grants to eligible entities for purposes of establishing regional technical assistance centers, in accordance with subsection (c)(2)(D).''; (3) by striking subsection (c); (4) by redesignating subsections (d) and (e) as subsections (c) and (d), respectively; (5) in subsection (c) (as so redesignated)-- (A) in paragraph (1), by striking ``shall be used'' and inserting ``to a recovery community organization shall be used''; (B) in paragraph (2)-- (i) in subparagraph (A), in the matter preceding clause (i), by inserting before ``build'' the following: ``in the case of a grant awarded to a recovery community organization,''; (ii) in subparagraph (B)-- (I) by inserting before ``reduce'' the following: ``in the case of a grant awarded to a recovery community organization,''; and (II) by striking ``and'' at the end; (iii) in subparagraph (C)-- (I) by inserting before ``conduct'' the following: ``in the case of a grant awarded to a recovery community organization,''; and (II) by striking the period at the end and inserting ``; and''; and (iv) by adding at the end the following: ``(D) in the case of a grant awarded to an eligible entity, provide for the establishment of regional technical assistance centers to provide regional technical assistance for the following: ``(i) Implementation of regionally driven, peer-delivered addiction recovery support services before, during, after, or in conjunction with addiction treatment. ``(ii) Establishment of recovery community organizations. ``(iii) Establishment of recovery community centers.''; and (6) in subsection (d) (as so redesignated), by inserting before the period the following: ``, and $15,000,000 for each of fiscal years 2019 through 2023''. Passed the House of Representatives June 12, 2018. Attest: KAREN L. HAAS, Clerk.

Summary: Peer Support Communities of Recovery Act This bill amends the Public Health Service Act to allow the Substance Abuse and Mental Health Services Administration to award grants to nonprofits that focus on substance use disorder to establish regional technical assistance centers to provide assistance regarding implementation of peer-delivered addiction recovery support services, establishment of recovery community organizations and centers, and overdose reversal medication.


SECTION 1. IMPOSITION OF CARBON TAX ON PRIMARY FOSSIL FUELS. (a) General Rule.--Chapter 38 of the Internal Revenue Code of 1986 (relating to environmental taxes) is amended by adding at the end thereof the following new subchapter: ``Subchapter E--Carbon Tax on Primary Fossil Fuels ``Sec. 4691. Tax on coal. ``Sec. 4692. Tax on petroleum. ``Sec. 4693. Tax on natural gas. ``Sec. 4694. Inflation adjustments. ``SEC. 4691. TAX ON COAL. ``(a) General Rule.--There is hereby imposed a tax at the rate specified in subsection (b) on coal sold by the producer or importer thereof. ``(b) Rate of Tax.-- ``(1) In general.--Except as provided in paragraph (2), the rate of the tax imposed by subsection (a) shall be $18 per ton. ``(2) Phase-in.-- The rate of the tax imposed by subsection Effective during (a) shall be the fol- calendar year: lowing amount per ton: 1994................................. $3.60 1995................................. $7.20 1996................................. $10.80 1997................................. $14.40 ``(c) Definitions and Special Rules.--For purposes of this section-- ``(1) Coal to include lignite.--The term `coal' includes lignite. ``(2) Ton.--The term `ton' means 2,000 pounds. ``(3) Use treated as sale.--If the producer or importer of any coal uses such coal, such producer or importer shall be liable for tax under this section in the same manner as if such coal were sold by such producer or importer. ``SEC. 4692. TAX ON PETROLEUM. ``(a) General Rule.--There is hereby imposed a tax at the rate specified in subsection (c) on any petroleum with respect to which there is a taxable event. ``(b) Taxable Event.--For purposes of this section, the term `taxable event' means any event which would result in tax being imposed under section 4611 if-- ``(1) such section were applied without regard to subsections (b)(2), (e), and (f) thereof, and ``(2) section 4612(b) were applied by substituting `section 4692' for `section 4611'. ``(c) Amount of Tax.-- ``(1) In general.--Except as provided in paragraph (2), the rate of the tax imposed by subsection (a) shall be $3.90 per barrel. ``(2) Phase-in.-- The rate of the tax imposed by subsection Effective during (a) shall be the fol- calendar year: lowing amount per barrel: 1994................................. $.78 1995................................. $1.56 1996................................. $2.34 1997................................. $3.12 ``(d) Person Liable for Tax.--The person required to pay the tax imposed by this section on any petroleum shall be determined under the principles of section 4611(d). ``(e) Definitions and Special Rules.--For purposes of this section-- ``(1) Petroleum.--The term `petroleum' means any petroleum product including crude oil. ``(2) Barrel.--The term `barrel' means 42 United States gallons. ``(3) Fraction of barrel.--In the case of a fraction of a barrel, the tax imposed by this section shall be the same fraction of the amount of such tax imposed on a whole barrel. ``(4) Certain rules made applicable.--Rules similar to the rules of subsections (c) and (e) of section 4612 shall apply to the tax imposed by this section. ``SEC. 4693. TAX ON NATURAL GAS. ``(a) General Rule.--There is hereby imposed a tax at the rate specified in subsection (c) on-- ``(1) natural gas received at a United States pipeline facility, and ``(2) natural gas entered into the United States for consumption, use, or warehousing. ``(b) Tax on Certain Uses, Etc.-- ``(1) In general.--If-- ``(A) any domestic natural gas is used in or exported from the United States, and ``(B) before such use or exportation, no tax was imposed on such natural gas under subsection (a), then a tax at the rate specified in subsection (c) is hereby imposed on such natural gas. ``(2) Exception for certain uses on premises where produced.--Paragraph (1) shall not apply to any use of natural gas for extracting oil or natural gas on the premises where such natural gas was produced. The preceding sentence shall not apply to any use involving the combustion of the natural gas. ``(c) Rate of Tax.-- ``(1) In general.--Except as provided in paragraph (2), the rate of the taxes imposed by this section shall be 48 cents per MCF. ``(2) Phase-in.-- The rate of the taxes imposed by subsection (a) Effective during shall be the fol- calendar year lowing amount per MCF 1994................................. $.096 1995................................. $.192 1996................................. $.288 1997................................. $.384 ``(d) Persons Liable for Tax.-- ``(1) Receipt at pipeline.--The tax imposed by subsection (a)(1) shall be paid by the operator of the United States pipeline facility. ``(2) Importation.--The tax imposed by subsection (a)(2) shall be paid by the person entering the natural gas for consumption, use, or warehousing. ``(3) Tax on use or exports.--The tax imposed by subsection (b) shall be paid by the person using or exporting the natural gas, as the case may be. ``(e) Definitions.--For purposes of this section-- ``(1) Natural gas.--The term `natural gas' includes any natural gas liquid which is not treated as petroleum for purposes of the tax imposed by section 4692. ``(2) Domestic natural gas.--The term `domestic natural gas' means any natural gas produced from a well located in the United States. ``(3) United states pipeline facility.--The term `United States pipeline facility' means any pipeline in the United States used for purposes of transporting natural gas (other than a pipeline which is part of a gathering system). ``(4) MCF.--The term `MCF' means 1,000 cubic feet. ``(5) Other definitions.--The terms `United States' and `premises' have the respective meanings given such terms by section 4612(a). ``(6) Fractional part of mcf.--In the case of a fraction of an MCF, the tax imposed by this section shall be the same fraction of the amount of such tax imposed on a whole MCF. ``(7) Certain rules made applicable.--Rules similar to the rules of subsections (b), (c), and (e) of section 4612 shall apply to the tax imposed by this section. ``SEC. 4694. INFLATION ADJUSTMENTS. ``(a) General Rule.--Each rate of tax which would otherwise be in effect under this subchapter during any calendar year after 1994 shall be increased by the percentage (if any) by which-- ``(1) the CPI for the preceding calendar year (as defined in section 1(f)(4)), exceeds ``(2) the CPI for calendar year 1993 (as so defined). ``(b) Rounding.--Any increase under subsection (a) shall be rounded-- ``(1) to the nearest multiple of 10 cents in the case of a rate in effect under section 4691, ``(2) to the nearest multiple of 1 cent in the case of a rate in effect under section 4692, and ``(3) to the nearest multiple of 1/10 cent in the case of a rate in effect under section 4693.'' (b) Clerical Amendment.--The table of subchapters for chapter 38 of such Code is amended by adding at the end thereof the following new item: ``Subchapter E. Carbon tax on primary fossil fuels.'' (c) Effective Date.--The amendments made by this section shall take effect on January 1, 1994.

Summary: Amends the Internal Revenue Code to impose a tax on the sale or importation of the following fuels based on their carbon content: coal, petroleum, and natural gas. Provides an inflation adjustment for such tax rates after calendar year 1994.


SECTION 1. REAUTHORIZATION OF UNITED STATES GRAIN STANDARDS ACT. (a) Inspection and Supervisory Fees.--Section 7(j)(4) of the United States Grain Standards Act (7 U.S.C. 79(j)(4)) is amended by striking ``September 30, 2005'' and inserting ``September 30, 2010''. (b) Weighing and Supervisory Fees.--Section 7A(l)(3) of such Act (7 U.S.C. 79a(l)(3)) is amended by striking ``September 30, 2005'' and inserting ``September 30, 2010''. (c) Limitation on Administrative and Supervisory Costs.--Section 7D of such Act (7 U.S.C. 79d) is amended by striking ``2005'' and inserting ``2010''. (d) Authorization of Appropriations.--Section 19 of such Act (7 U.S.C. 87h) is amended by striking ``2005'' and inserting ``2010''. (e) Advisory Committee.--Section 21(e) of such Act (7 U.S.C. 87j) is amended by striking ``September 30, 2005'' and inserting ``September 30, 2010''. (f) Effective Date.--The amendments made by this section shall take effect as of September 30, 2005. SEC. 2. PERFORMANCE OF OFFICIAL INSPECTION AND WEIGHING ACTIVITIES AT EXPORT PORT LOCATIONS OF GRAIN UNDER UNITED STATES GRAIN STANDARDS ACT. (a) Official Inspection Authority and Funding.--Section 7 of the United States Grain Standards Act (7 U.S.C. 79) is amended-- (1) in subsection (e)-- (A) by striking ``(e)(1) Except as otherwise provided in paragraph (2) of this subsection'' and inserting the following: ``(e) Official Inspection at Export Port Locations; Use of State Agencies and Private Entities.-- ``(1) In general.--Except as otherwise provided in paragraphs (2) and (3)''; and (B) by striking paragraph (3) and inserting the following: ``(3) Use of private entities.-- ``(A) In general.--If the Secretary determines that a person or private entity is qualified to perform official inspection and meets the criteria of subsection (f)(1)(A), the Secretary may use the person or private entity to perform all or specified functions involved in official inspection (other than appeal inspection and such other functions as may be specified in the regulations prescribed under subparagraph (B)) at export port locations. ``(B) Requirements.-- ``(i) Regulations.--A person or private entity described in subparagraph (A) shall be subject to such rules, regulations, instructions, and oversight as the Secretary may prescribe. ``(ii) Responsibility of secretary.-- Notwithstanding the use of persons or private entities to perform specified functions involved in official inspections at export port locations, official inspection shall continue to be the direct responsibility of the Secretary. ``(C) Termination.--The use of a person or private entity to perform official inspections at an export port location under subparagraph (A)-- ``(i) shall terminate at the such time as specified by the Secretary, but not later than the date that is three years after the date of the initial performance of official inspections by the person or private entity at the export port location; and ``(ii) may be terminated by the Secretary, at the discretion of the Secretary, at any time after notice to the person or private entity without opportunity for a hearing. ``(D) Renewal.--The use of a person or private entity to perform official inspections at an export port location under subparagraph (A) may be renewed in accordance with the regulations prescribed under subparagraph (B). ``(E) Reporting requirement.--Not later than February 15 of each even-numbered year, the Secretary shall submit to Congress a report detailing the Secretary's use of the authority provided by subparagraph (A), during the preceding two-year period, to contract with persons or private entities to perform official inspections at export port locations. Each report shall identify each export port location at which the persons and private entities are used, the number of official inspection personnel utilized, and the types of official inspection and official weighing functions performed.''; (2) in subsection (f)-- (A) in paragraph (1)-- (i) in the matter preceding subparagraph (A)-- (I) by inserting ``or private entity'' after ``or any person''; and (II) by striking ``or person'' and inserting ``, person, or private entity''; and (ii) in the matter preceding clause (i) of subparagraph (A), by striking ``or person'' each place it appears and inserting ``, person, or private entity''; and (B) in paragraph (4), by striking ``or person'' and inserting ``, person, or private entity''; and (3) in subsection (j)-- (A) in the first sentence of paragraph (2), by inserting ``and private entity'' after ``each State agency''; and (B) in the first sentence of paragraph (4), by striking ``and State agencies'' and inserting ``and delegated State agencies and private entities''. (b) Weighing Authority.--Section 7A of the United States Grain Standards Act (7 U.S.C. 79a) is amended-- (1) in subsection (c)(2)-- (A) in the first sentence-- (i) by inserting ``or private entity'' after ``to the State agency''; and (ii) by striking ``agency or person'' each place it appears and inserting ``agency, private entity, or person''; and (B) in the second sentence-- (i) by striking ``agency or person'' each place it appears and inserting ``agency, private entity, or person''; (ii) by inserting ``or private entity'' after ``any person''; and (iii) by striking ``agency, or person'' and inserting ``agency, private entity, or person''; (2) in subsection (h), by striking ``agency or person'' and inserting ``agency, private entity, or person''; (3) in subsection (i)-- (A) in paragraph (1), by striking ``agency or person'' and inserting ``agency, private entity, or person''; and (B) in paragraph (2), by striking ``or State agency'' and inserting ``, State agency, or private entity''; and (4) in subsection (l)-- (A) in the first sentence of paragraph (2)-- (i) by striking ``Each agency'' and inserting ``Each agency or private entity''; (ii) by inserting ``, private entity,'' after ``each agency''; (iii) by inserting ``or private entity'' after ``the agency''; and (iv) by inserting ``and private entities'' after ``such agencies''; and (B) in paragraph (3)-- (i) in the first sentence, by inserting ``, private entities,'' after ``on agencies''; and (ii) in the second sentence, by inserting ``or private entity'' after ``by a State''. (c) Licenses and Authorizations.--Section 8(g) of the United States Grain Standards Act (7 U.S.C. 84(g)) is amended-- (1) by inserting ``or private entities'' after ``State agencies''; and (2) by inserting ``or private entities'' after ``all persons''. SEC. 3. INAPPLICABILITY OF GEOGRAPHIC BOUNDARIES FOR DESIGNATED OFFICIAL AGENCIES. (a) Official Inspection.--Subsection (f) of section 7 of such Act (7 U.S.C. 79) is amended-- (1) in paragraph (2), by striking ``Not more than one official agency designated under paragraph (1) or State delegated authority under subsection (e)(2)'' and inserting ``Subject to paragraph (5), not more than one official agency designated under paragraph (1)''; and (2) by adding at the end the following new paragraph: ``(5) The geographic boundary limitations applicable to official agencies under paragraph (2) do not apply to export port locations, and the Secretary may use more than one person or private entity selected under subsection (e)(3) to perform official inspections at an export port location.''. (b) Official Weighing.--Subsection (i) of section 7A of such Act (7 U.S.C. 79a) is amended-- (1) in paragraph (2), by striking ``Not more than one designated official agency referred to in paragraph (1) or State agency delegated authority pursuant to subsection (c)(2)'' and inserting ``Subject to paragraph (3), not more than one designated official agency referred to in paragraph (1)''; and (2) by adding at the end the following new paragraph: ``(3) Inapplicability of geographic boundaries to export port locations.--The geographic boundary limitations applicable to designated official agencies under paragraph (2) do not apply to export port locations, and the Secretary may assign more than one designated person or private entity to perform official weighing at an export port location.''.

Summary: Amends the United States Grain Standards Act to extend: (1) authority for inspection, weighing, and supervisory fees, supervisory and administrative cost limitations, and the advisory committee; and (2) authorization of appropriations. Authorizes with respect to export port locations of grain: (1) private entity performance of official inspection and weighing activities; and (2) use of more than one designated person or entity to perform such activities. (Makes certain geographic boundary provisions inapplicable to designated agencies at export port locations.)


SECTION 1. SHORT TITLE. This Act may be cited as the ``Combat Human Trafficking Act of 2015''. SEC. 2. REDUCING DEMAND FOR SEX TRAFFICKING; LOWER MENS REA FOR SEX TRAFFICKING OF UNDERAGE VICTIMS. (a) Clarification of Range of Conduct Punished as Sex Trafficking.--Section 1591 of title 18, United States Code, is amended-- (1) in subsection (a)(1), by striking ``or maintains'' and inserting ``maintains, patronizes, or solicits''; (2) in subsection (b)-- (A) in paragraph (1), by striking ``or obtained'' and inserting ``obtained, patronized, or solicited''; and (B) in paragraph (2), by striking ``or obtained'' and inserting ``obtained, patronized, or solicited''; and (3) by striking subsection (c) and inserting the following: ``(c) In a prosecution under subsection (a)(1), the Government need not prove that the defendant knew, or recklessly disregarded the fact, that the person recruited, enticed, harbored, transported, provided, obtained, maintained, patronized, or solicited had not attained the age of 18 years.''. (b) Definition Amended.--Section 103(10) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102(10)) is amended by striking ``or obtaining'' and inserting ``obtaining, patronizing, or soliciting''. (c) Minimum Period of Supervised Release for Conspiracy To Commit Commercial Child Sex Trafficking.--Section 3583(k) of title 18, United States Code, is amended by inserting ``1594(c),'' after ``1591,''. SEC. 3. BUREAU OF JUSTICE STATISTICS REPORT ON STATE ENFORCEMENT OF SEX TRAFFICKING PROHIBITIONS. (a) Definitions.--In this section-- (1) the terms ``commercial sex act'', ``severe forms of trafficking in persons'', ``State'', and ``Task Force'' have the meanings given those terms in section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102); (2) the term ``covered offense'' means the provision, obtaining, patronizing, or soliciting of a commercial sex act involving a person subject to severe forms of trafficking in persons; and (3) the term ``State law enforcement officer'' means any officer, agent, or employee of a State authorized by law or by a State government agency to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of criminal law. (b) Report.--The Director of the Bureau of Justice Statistics shall-- (1) prepare an annual report on-- (A) the rates of-- (i) arrest of individuals by State law enforcement officers for a covered offense; (ii) prosecution (including specific charges) of individuals in State court systems for a covered offense; and (iii) conviction of individuals in State court systems for a covered offense; and (B) sentences imposed on individuals convicted in State court systems for a covered offense; and (2) submit the annual report prepared under paragraph (1) to-- (A) the Committee on the Judiciary of the House of Representatives; (B) the Committee on the Judiciary of the Senate; (C) the Task Force; (D) the Senior Policy Operating Group established under section 105(g) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7103(g)); and (E) the Attorney General. SEC. 4. LAW ENFORCEMENT OFFICERS, PROSECUTORS, AND JUDGES. (a) Definitions.--In this section-- (1) the terms ``commercial sex act'', ``severe forms of trafficking in persons'', and ``State'' have the meanings given those terms in section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102); (2) the term ``covered offender'' means an individual who obtains, patronizes, or solicits a commercial sex act involving a person subject to severe forms of trafficking in persons; (3) the term ``Federal law enforcement officer'' has the meaning given the term in section 115 of title 18, United States Code; (4) the term ``local law enforcement officer'' means any officer, agent, or employee of a unit of local government authorized by law or by a local government agency to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of criminal law; and (5) the term ``State law enforcement officer'' means any officer, agent, or employee of a State authorized by law or by a State government agency to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of criminal law. (b) Training.-- (1) Law enforcement officers.--The Attorney General shall ensure that each anti-human trafficking program operated by the Department of Justice, including each anti-human trafficking training program for Federal, State, or local law enforcement officers, includes technical training on-- (A) effective methods for investigating and prosecuting covered offenders; and (B) facilitating the provision of physical and mental health services by health care providers to persons subject to severe forms of trafficking in persons. (2) Federal prosecutors.--The Attorney General shall ensure that each anti-human trafficking program operated by the Department of Justice for United States attorneys or other Federal prosecutors includes training on seeking restitution for offenses under chapter 77 of title 18, United States Code, to ensure that each United States attorney or other Federal prosecutor, upon obtaining a conviction for such an offense, requests a specific amount of restitution for each victim of the offense without regard to whether the victim requests restitution. (3) Judges.--The Federal Judicial Center shall provide training to judges relating to the application of section 1593 of title 18, United States Code, with respect to ordering restitution for victims of offenses under chapter 77 of such title. (c) Policy for Federal Law Enforcement Officers.--The Attorney General shall ensure that Federal law enforcement officers are engaged in activities, programs, or operations involving the detection, investigation, and prosecution of covered offenders. SEC. 5. WIRETAP AUTHORITY FOR HUMAN TRAFFICKING VIOLATIONS. Section 2516 of title 18, United States Code, is amended-- (1) in paragraph (1)(c)-- (A) by inserting before ``section 1591'' the following: ``section 1581 (peonage), section 1584 (involuntary servitude), section 1589 (forced labor), section 1590 (trafficking with respect to peonage, slavery, involuntary servitude, or forced labor),''; and (B) by inserting before ``section 1751'' the following: ``section 1592 (unlawful conduct with respect to documents in furtherance of trafficking, peonage, slavery, involuntary servitude, or forced labor),''; and (2) in paragraph (2), by inserting ``human trafficking, child sexual exploitation, child pornography production,'' after ``kidnapping,''. SEC. 6. STRENGTHENING CRIME VICTIMS' RIGHTS. (a) Notification of Plea Agreement or Other Agreement.--Section 3771(a) of title 18, United States Code, is amended by adding at the end the following: ``(9) The right to be informed in a timely manner of any plea agreement or deferred prosecution agreement.''. (b) Appellate Review of Petitions Relating to Crime Victims' Rights.-- (1) In general.--Section 3771(d)(3) of title 18, United States Code, is amended by inserting after the fifth sentence the following: ``In deciding such application, the court of appeals shall apply ordinary standards of appellate review.''. (2) Application.--The amendment made by paragraph (1) shall apply with respect to any petition for a writ of mandamus filed under section 3771(d)(3) of title 18, United States Code, that is pending on the date of enactment of this Act.

Summary: Combat Human Trafficking Act of 2015 Amends the federal criminal code, with respect to sex trafficking of children, to: (1) subject to criminal prosecution buyers, as well as sellers, of commercial sex involving sex trafficking victims; (2) provide that in prosecutions of sex trafficking crimes, the government is not required to prove that a sex trafficking defendant knew or recklessly disregarded the fact that a victim was under age 18; (3) equalize the period of supervised release for sex trafficking offenders convicted of conspiracy; (4) expand wiretap authority for investigating crimes related to sex trafficking, including slavery, involuntary servitude, and forced labor; (5) grant crime victims the right to be informed in a timely manner of any plea agreement or deferred prosecution agreement; and (6) require an appellate court to apply ordinary standards of review in reviewing appeals filed by crime victims.    Requires the Bureau of Justice Statistics in the Department of Justice (DOJ) to prepare and report annually on: (1) the rates of arrests by state law enforcement officers for sex trafficking crimes involving buyers of commercial sex involving sex trafficking victims, and (2) prosecutions and convictions for such crimes in state courts. Directs the Attorney General to ensure that: (1) DOJ anti-human trafficking training programs, including programs for law enforcement officers, include technical training on effective methods for investigating and prosecuting individuals who obtain, patronize, or solicit a commercial sex act involving a person subject to severe forms of human trafficking and on facilitating the provision of physical and mental health services by health care providers to persons subject to severe forms of human trafficking; (2) federal law enforcement officers are engaged in activities, programs, or operations involving the detection, investigation, and prosecution of such offenses; and (3) DOJ anti-human trafficking programs for U.S. attorneys or other federal prosecutors include training on seeking restitution for peonage, slavery, and human trafficking offenses to ensure that each such attorney, upon obtaining a conviction for such an offense, requests a specific amount of restitution for each victim without regard to whether the victim requests it. Requires the Federal Judicial Center to provide training to judges relating to the application of mandatory restitution provisions regarding ordering restitution for victims of such offenses.


TITLE I--MOTOR VEHICLE SAFETY SEC. 101. AUTHORIZATION OF APPROPRIATIONS. Section 30104 of title 49, United States Code, is amended to read as follows: ``Sec. 30104. Authorization of Appropriations ``There is authorized to be appropriated to the Secretary of Transportation $125,221,000 for the National Highway Traffic Safety Administration to carry out this part for fiscal year 2005, and such sums as may be necessary for fiscal years 2006 and 2007.''. SEC. 102. INTERNATIONAL COOPERATION. (a) In General.--Subchapter I of chapter 301 of title 49, United States Code, is amended by adding at the end the following: ``Sec. 30106. International Cooperation ``The Secretary of Transportation may participate and cooperate in international activities to enhance motor vehicle and traffic safety through such means as exchanging information, conducting safety research, examining safety needs, best practices, new technology, and improvements in motor vehicle safety standards, and participating in the implementation of existing international agreements concerning motor vehicle safety to which the United States is a contracting partner.''. (b) Clerical Amendment.--The table of sections for subchapter I of chapter 301 of title 49, United States Code is amended by adding at the end the following new item: ``30106. International cooperation.''. SEC. 103. CERTIFICATION LABELS. Section 30115(a) of title 49, United States Code, is amended by inserting at the end the following: ``A person shall not affix a certification label to a motor vehicle or item of motor vehicle equipment unless the person has either performed tests or otherwise documented the basis for certifying compliance with all applicable safety standards prescribed under this chapter, except that, in affixing the certification label or tag, a manufacturer that completes a vehicle after receiving compliance documentation from the manufacturer of the earlier stage of the vehicle may rely on such documentation in accordance with the regulations issued by the Secretary.''. SEC. 104. NOTIFICATION OF NONCOMPLIANCE. Section 30118 of title 49, United States Code is amended in subsections (a), (b), and (c) by striking ``motor vehicle or replacement equipment'' each place it appears and inserting ``motor vehicle, original equipment, or replacement equipment''. SEC. 105. NOTIFICATION OF AND REMEDIES FOR NONCOMPLIANCE. Section 30120 of title 49, United States Code, is amended by adding at the end the following: ``(k) Limitation on Sale or Lease of Used Motor Vehicles.-- ``(1) A dealer may not sell a used motor vehicle for purposes other than resale or lease a used motor vehicle until the dealer informs the purchaser or lessee of any notification of a defect or noncompliance pursuant to section 30118(b) or (c) of this title with respect to a vehicle that has not been remedied, and either-- ``(A) offers to have the defects or noncompliances remedied; or ``(B) gives the purchaser or lessee a written description of the defects or noncompliances, including all relevant information from any notification pursuant to section 30118(b) or (c) of this title, and reviews a written acknowledgment of the offer or description from the purchaser or lessee. ``(2) The requirements of paragraph (1) of this subsection shall apply after a period of time following issuance of notifications that the Secretary shall specify. The Secretary may extend this period with respect to particular notifications. ``(3) In this subsection, notwithstanding section 30102(a)(1) of this title-- ``(A) `dealer' means a person who sold at least 10 motor vehicles during the prior 12 months to purchasers that in good faith purchased the vehicles other than for resale; and ``(B) `used motor vehicle' means a motor vehicle that has previously been purchased other than for resale. ``(4) Subject to regulations issued by the Secretary, a manufacturer of a motor vehicle shall establish and maintain an Internet-accessible record system that dealers of used motor vehicles and members of the public may access, without charge, to determine whether a particular vehicle manufactured by the manufacturer has been subject to any notification of a defect or noncompliance pursuant to section 30118(b) or (c) of this title that has not been remedied. If the Secretary determines that establishing and maintaining such an Internet-accessible record system is not practicable for certain classes of manufacturers, the Secretary may exempt such manufacturers from the requirements of this paragraph. ``(l) Limitation on Operation by Owners and Lessors of School Buses and Vehicles Used to Transport Passengers for Compensation.-- ``(1) Subject to paragraphs (2) and (3), a person who owns or leases a school bus or a motor vehicle used to transport passengers for compensation and who receives a notice of a defect or noncompliance pursuant to section 30118(b) or (c) of this title may not operate the vehicle to which the notice applies as a school bus or for compensation until the defect or noncompliance is remedied as required by this section. ``(2) The requirements of paragraph (1) shall apply after a period of time following issuance of such notifications that the Secretary shall specify. The Secretary may extend this period with respect to particular notifications. ``(3) This subsection shall not apply to taxicabs, or to motor vehicles owned or operated by State or local governments.''. SEC. 106. NONUSE OF SAFETY BELT INTERLOCKS. (a) In General.--Section 30124 of title 49 United States Code, is amended to read as follows: ``Sec. 30124. Nonuse of safety belt interlocks ``A motor vehicle safety standard prescribed under this chapter may not require or allow a manufacturer to comply with the standard by using a safety belt interlock designed to prevent starting or operating a motor vehicle if an occupant is not using a safety belt.''. (b) Clerical Amendment.--The table of sections for subchapter II of chapter 301 of title 49, United States Code is amended by amending the item related to section 30124 to read as follows: ``30124. Nonuse of safety belt interlocks.''. SEC. 107. RESEARCH, TESTING, DEVELOPMENT, AND TRAINING. Section 30168 of title 49, United States Code, is amended by adding at the end the following: ``(f) Safety Initiative for Alternate Fuel Vehicles.--In addition to the authority provided under this section, the Secretary is authorized to expend $5,000,000 per year to conduct a safety research initiative for alternate fuel vehicles that includes risk assessment studies of hydrogen-fueled and other alternative-fuel vehicles, the development of test and evaluation procedures and performance criteria to assess the likelihood of potential failures that could indicate unsafe conditions, and the development of suitable countermeasures. In particular, such research initiative shall investigate the safety of the power train, the vehicle fuel container and delivery system, the onboard refueling system, and the full vehicle system performance of alternate fuel vehicles. ``(g) Safety Initiative for Driver Assistance Technologies.--In addition to the authority provided under this section, the Secretary is authorized to expend $10,000,000 per year to conduct research into vehicle-based driver assistance technologies, and to develop appropriate performance standards and consumer education programs, to ensure that appropriate safety benefits are derived from these technologies. Such research shall include evaluations of crash avoidance technologies, such as electronic stability control, telematics, radar braking and other similar vehicle advances.''. TITLE II--MOTOR VEHICLE INFORMATION AND COST SAVINGS SEC. 201. AUTHORIZATION OF APPROPRIATIONS. Section 32102 of title 49, United States Code, is amended to read as follows: ``Sec. 32102. Authorization of appropriations ``There is authorized to be appropriated to the Secretary of Transportation $14,080,000 for the National Highway Traffic Safety Administration to carry out this part in fiscal year 2005, and such sums as may be necessary in fiscal years 2006 and 2007.''. SEC. 202. PENALTIES AND ENFORCEMENT. Section 32709(a)(1) of title 49, United States Code, is amended-- (1) by striking ``$2,000'' and inserting ``$5,000''; and (2) by striking ``$100,000'' and inserting ``$1,000,000''. SEC. 203. CIVIL ACTIONS BY PRIVATE PERSON. Section 32710(a) of title 49, United States Code, is amended by striking ``$1,500'' and inserting ``$10,000''. SEC. 204. DEFINITIONS. (a) Crash Avoidance.--Section 32301 of title 49, United States Code, is amended by adding at the end the following: ``(3) `crash avoidance' means preventing a motor vehicle accident.''. (b) Passenger Motor Vehicle Information.--Section 32302 of title 49, United States Code, is amended-- (1) in subsection (a)-- (A) in paragraph (2), by inserting ``and crash avoidance'' after ``crashworthiness''; and (B) by striking paragraph (4); and (2) by striking subsection (c). SEC. 205. REPEALS. (a) In General.--Sections 32303 and 33112 of title 49, United States Code, are repealed. (b) Clerical Amendments.-- (1) The table of sections for chapter 323 of title 49, United States Code is amended by striking the item related to section 32303. (2) The table of sections for chapter 331 of title 49, United States Code is amended by striking the item related to section 33112.

Summary: Amends Federal transportation law to authorize appropriations for the National Highway Traffic Safety Administration (NHTSA). Authorizes the Secretary of Transportation to participate and cooperate through various means in international activities to enhance motor vehicle and traffic safety. Prohibits a person from affixing a certification label to a motor vehicle or motor vehicle equipment item unless the person has either performed tests or documented the basis for certifying compliance with applicable safety standards. Applies certain defect and motor vehicle safety noncompliance notification requirements to original motor vehicle equipment. Prohibits a dealer from selling a used motor vehicle for other than resale or leasing a used motor vehicle until the dealer informs the purchaser or lessee of any notification of a vehicle defect or noncompliance that has not been remedied and certain other requirements are met. Requires a motor vehicle manufacturer to establish an Internet-accessible record system that used motor vehicle dealers and the public may access, without charge, to determine whether a manufacturer's vehicle has been subject to any notification of a defect or noncompliance that has not been remedied. Requires a person who owns or leases a school bus or motor vehicle used to transport passengers for compensation, and who receives notice of a defect or noncompliance, from operating the vehicle until the defect or noncompliance is remedied. Prohibits a Federal motor vehicle standard from requiring or allowing a manufacturer to comply with it by using a safety belt interlock designed to prevent starting or operating a motor vehicle if the occupant is not using a safety belt. Authorizes the Secretary to expend a specified amount per year to conduct a safety research initiative for alternative fuel vehicles and research into vehicle-based driver assistance technologies. Authorizes appropriations for the NHTSA to carry out certain motor vehicle information and cost savings requirements. Increases civil penalties for persons who violate the prohibition against tampering with motor vehicle odometers.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Care Criminal Background Check Act of 2009''. SEC. 2. PURPOSE. The purpose of this Act is to assist States in improving the overall quality of child care services in the State by requiring national criminal background checks of child care providers that are licensed by the State or that receive funds under the Child Care and Development Block Grant Act of 1990. SEC. 3. AMENDMENTS. (a) State Plan.--Section 658E(c)(2) of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858c(c)(2)) is amended by adding at the end the following: ``(I) Criminal background check.--Certify that the State will-- ``(i) require each eligible child care provider (excluding an eligible child care provider described in section 658P(5)(B)) that is licensed by the State or receives funds provided under this subchapter-- ``(I) to obtain from the State a comprehensive criminal background check of-- ``(aa) each employee who provides child care services; ``(bb) each applicant for employment to provide such services; and ``(cc) each family child care provider who provides or applies to provide such services; ``(II) to refuse to employ an individual to provide such services-- ``(aa) if such individual was convicted, in the then most recent 5-year period ending on the date of receipt of such a criminal background check, of-- ``(AA) a crime of violence (as defined in section 20101 of subtitle A of title II of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 13701)); or ``(BB) a crime against a child for which the penalty exceeds imprisonment for a term exceeding 1 year; ``(bb) to an eligible child without the supervision of an employee whose criminal background check satisfies the requirements of the subparagraph, pending receipt of such a criminal background check of such individual; and ``(cc) to an eligible child with the supervision of an employee whose criminal background check satisfies the requirements of the subparagraph and for a period exceeding 90 days, pending receipt of such a criminal background check of such individual; and ``(ii) carry out at the request of an eligible child care provider, as soon as practicable, a comprehensive criminal background check (at the State option for a fee not to exceed the actual cost to the State) of each employee of, and each applicant for employment by, a child care provider that is licensed by the State or receives funds provided under this subchapter by the State, and make the results of such check available to such provider and to such employee or applicant. At the request of a State, the Secretary may waive for 1 fiscal year the application of this subparagraph to the State if the State demonstrates a good faith effort to comply with the requirements specified in this subparagraph and its inability to so comply.''. (b) Enforcement.--Section 658I(b)(2) of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858g(i)(b)(2)) is amended by adding at the end the following: ``If a State fails to comply substantially with the requirements specified in section 658e(c)(2)(I), the Secretary shall reduce by 10 percent the State allotment for the fiscal year following the fiscal year with respect to which noncompliance is found.''. SEC. 4. EFFECTIVE DATE; APPLICATION OF AMENDMENTS. This Act and the amendments made by this Act shall take effect 2 years after the date of the enactment of this Act.

Summary: Child Care Criminal Background Check Act of 2009 - Amends the Child Care and Development Block Grant Act of 1990 to require child care providers that are licensed by a state or receive funds under the Child Care and Development Block Grant Program to: (1) obtain a comprehensive criminal background check of each employee who provides child care services, each applicant for employment, and each family child care provider who provides or applies to provide such services; and (2) refuse to employ individuals convicted of crimes of violence or crimes against children. Reduces by 10% allotments to states that fail to comply with the requirements of this Act.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Architect of the Capitol Human Resources Act''. SEC. 2. FINDING AND PURPOSE. (a) Finding.--The Congress finds that the Office of the Architect of the Capitol has not kept pace with human resource management practices common among other Federal and private sector organizations. (b) Purpose.--It is the purpose of this Act to require the Architect of the Capitol to establish and maintain a personnel management system that incorporates fundamental principles that exist in other modern personnel systems. SEC. 3. PERSONNEL MANAGEMENT SYSTEM. (a) Establishment.--The Architect of the Capitol shall establish and maintain a personnel management system. (b) Requirements.--The personnel management system shall at a minimum include the following: (1) A system which ensures that applicants for employment and employees of the Architect of the Capitol are appointed, promoted, and assigned on the basis of merit and fitness after fair and equitable consideration of all applicants and employees through open competition. (2) An equal employment opportunity program which includes an affirmative employment program for employees and applicants for employment, and procedures for monitoring progress by the Architect of the Capitol in ensuring a workforce reflective of the diverse labor force. (3) A system for the classification of positions which takes into account the difficulty, responsibility, and qualification requirements of the work performed, and which conforms to the principle of equal pay for substantially equal work. (4) A program for the training of Architect of the Capitol employees which has among its goals improved employee performance and opportunities for employee advancement. (5) A formal performance appraisal system which will permit the accurate evaluation of job performance on the basis of objective criteria for all Architect of the Capitol employees. (6) A fair and equitable system to address unacceptable conduct and performance by Architect of the Capitol employees, including a general statement of violations, sanctions, and procedures which shall be made known to all employees, and a formal grievance procedure. (7) A program to provide services to deal with mental health, alcohol abuse, drug abuse, and other employee problems, and which ensures employee confidentiality. (8) A formal policy statement regarding the use and accrual of sick and annual leave which shall be made known to all employees, and which is consistent with the other requirements of this section. SEC. 4. IMPLEMENTATION OF PERSONNEL MANAGEMENT SYSTEM. (a) Development of Plan.--The Architect of the Capitol shall-- (1) develop a plan for the establishment and maintenance of a personnel management system designed to achieve the requirements of section 3; (2) submit the plan to the Congress not later than 3 months after the date of enactment of this Act; and (3) implement the plan not earlier than 30 days and not later than 90 days after the plan is submitted to the Congress, as specified in paragraph (2). (b) Evaluation and Reporting.--The Architect of the Capitol shall develop a system of oversight and evaluation to ensure that the personnel management system of the Architect of the Capitol achieves the requirements of section 3 and complies with all other relevant laws, rules and regulations. The Architect of the Capitol shall report to the Congress on an annual basis the results of its evaluation under this subsection. (c) Application of Laws.--Nothing in this Act shall be construed to alter or supersede any other provision of law otherwise applicable to the Architect of the Capitol or its employees, unless expressly provided in this Act. SEC. 5. DISCRIMINATION COMPLAINT PROCESSING. (a) Definitions.--For purposes of this section: (1) The term ``employee of the Architect of the Capitol'' or ``employee'' means-- (A) any employee of the Architect of the Capitol; (B) any applicant for a position that is to be occupied by an individual described in subparagraph (A); or (C) any individual who was formerly an employee described in subparagraph (A) and whose claim of a violation arises out of the individual's employment with the Architect of the Capitol. (2) The term ``violation'' means a practice that violates subsection (b) of this section. (b) Discriminatory Practices Prohibited.-- (1) In general.--All personnel actions affecting employees of the Architect of the Capitol shall be made free from any discrimination based on-- (A) race, color, religion, sex, or national origin, within the meaning of section 717 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-16); (B) age, within the meaning of section 15 of the Age Discrimination in Employment Act of 1967 (29 U.S.C. 633a); or (C) handicap or disability, within the meaning of section 501 of the Rehabilitation Act of 1973 (29 U.S.C. 791) and sections 102 through 104 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12112-14). (2) Intimidation prohibited.--Any intimidation of, or reprisal against, any employee by the Architect of the Capitol, or by any employee of the Architect of the Capitol, because of the exercise of a right under this section constitutes an unlawful employment practice, which may be remedied in the same manner as are other violations described in paragraph (1). (c) Procedure for Consideration of Alleged Violations.-- (1) General accounting office personnel appeals board.--Any employee of the Architect of the Capitol alleging a violation of subsection (b) may file a charge with the General Accounting Office Personnel Appeals Board in accordance with the General Accounting Office Personnel Act of 1980 (31 U.S.C. 751-55) and regulations of the Board. Such a charge may be filed only after the employee has filed a complaint with the Architect of the Capitol in accordance with requirements prescribed by the Architect of the Capitol and has exhausted all remedies pursuant to such requirements. (2) Authority of architect.--The Architect of the Capitol shall carry out any action within its authority that the Board orders under section 4 of the General Accounting Office Personnel Act of 1980 (31 U.S.C. 753). (3) Reimbursement.--The Architect of the Capitol shall reimburse the General Accounting Office for costs incurred by the Board in considering charges filed under this section. (d) Amendments to the General Accounting Office Personnel Act of 1980.-- (1) Section 751(a)(1) of title 31, United States Code, amended by inserting ``or Architect of the Capitol'' after ``Office''. (2) Section 753(a) of title 31, United States Code, is amended-- (A) in paragraph (7) by striking ``and'' at the end of the paragraph; (B) in paragraph (8) by striking the period and inserting ``; and''; and (C) by inserting at the end thereof the following: ``(9) an action involving discrimination prohibited under section 4(b) of the Architect of the Capitol Human Resources Act.''. (3) Section 755 of title 31, United States Code, is amended-- (A) in subsection (a) by striking the ``or (7)'' and inserting ``, 7, or (9)''; and (B) in subsection (b) by striking ``or applicant for employment'' and inserting ``applicant for employment, or employee of the Architect of the Capitol''.

Summary: Architect of the Capitol Human Resources Act - Directs the Architect of the Capitol (AOC) to establish, implement, maintain, evaluate, and report to the Congress annually on a personnel management system that: (1) ensures that applicants for employment and employees of the AOC are appointed, promoted, and assigned on the basis of merit and fitness after fair and equitable consideration of all applicants and employees through open competition; (2) provides an equal employment opportunity program which includes an affirmative employment program and procedures for monitoring progress by the AOC in ensuring a workforce reflective of the diverse labor force; (3) includes a system for classification of positions which takes into account the difficulty, responsibility, and qualification requirements of the work performed and which conform to the principle of equal pay for substantially equal work; (4) has a training program for AOC employees which has among its goals improved employee performance and oppotunities for employee advancement; (5) has a formal performance appraisal system which will permit the accurate evaluation of job performance on the basis of objective criteria for all AOC employees; (6) has a fair and equitable system to address unacceptable conduct and performance by AOC employees, including a general statement of violations, sanctions, and procedures which shall be made known to all employees and a formal grievance procedure; (7) has a program to provide services to deal with mental health, alcohol abuse, drug abuse, and other employee problems and which ensures employee confidentiality; and (8) has a formal policy statement regarding the use and accrual of sick and annual leave which shall be made known to all employees and which is consistent with the requirements of this Act. Requires all personnel actions affecting AOC employees to be made free from any discrimination prohibited by: (1) the Civil Rights Act of 1964; (2) the Age Discrimination in Employment Act of 1967; (3) the Rehabilitation Act of 1973; and (4) the Americans with Disabilities Act of 1990. Sets forth procedures for consideration of alleged violation of such provisions by AOC employees. Declares that any intimidation of, or reprisal against, any AOC employee or by any AOC employee, because of the exercise of a right under such provisions constitutes an unlawful employment practice which may be remedied in the same manner as are other violations described in this Act. Amends the General Accounting Office Personnel Act of 1980 to prohibit a current or former officer or employee of the AOC from being appointed as a member of the General Accounting Office Personnel Appeals Board. Authorizes the Board to consider and order corrective or disciplinary action in a case arising from an action involving discrimination prohibited under this Act. Subjects the final decision of the Board to judicial review. Allows an AOC employee to be awarded attorney's fees if she or he prevails in such case.