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.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Return of Talent Act''.

SEC. 2. RETURN OF TALENT PROGRAM.

    (a) In General.--Title III of the Immigration and Nationality Act
(8 U.S.C. 1401 et seq.) is amended by inserting after section 317 the
following:

 ``temporary absence of persons participating in the return of talent
                                program

    ``Sec. 317A.  (a) In General.--The Secretary of Homeland Security,
in consultation with the Secretary of State, shall establish the Return
of Talent Program to permit eligible aliens to temporarily return to
the alien's country of citizenship in order to make a material
contribution to that country if the country is engaged in post-conflict
or natural disaster reconstruction activities, for a period not
exceeding 24 months, unless an exception is granted under subsection
(d).
    ``(b) Eligible Alien.--An alien is eligible to participate in the
Return of Talent Program established under subsection (a) if the alien
meets the special immigrant description under section 101(a)(27)(N).
    ``(c) Family Members.--The spouse, parents, siblings, and any minor
children of an alien who participates in the Return of Talent Program
established under subsection (a) may return to such alien's country of
citizenship with the alien and reenter the United States with the
alien.
    ``(d) Extension of Time.--The Secretary of Homeland Security may
extend the 24-month period referred to in subsection (a) upon a showing
that circumstances warrant that an extension is necessary for post-
conflict or natural disaster reconstruction efforts.
    ``(e) Residency Requirements.--An immigrant described in section
101(a)(27)(N) who participates in the Return of Talent Program
established under subsection (a), and the spouse, parents, siblings,
and any minor children who accompany such immigrant to that immigrant's
country of citizenship, shall be considered, during such period of
participation in the program--
            ``(1) for purposes of section 316(a), physically present
        and residing in the United States for purposes of
        naturalization within the meaning of that section; and
            ``(2) for purposes of section 316(b), to meet the
        continuous residency requirements in that section.
    ``(f) Oversight and Enforcement.--The Secretary of Homeland
Security, in consultation with the Secretary of State, shall oversee
and enforce the requirements of this section.''.
    (b) Table of Contents.--The table of contents for the Immigration
and Nationality Act (8 U.S.C. 1101 et seq.) is amended by inserting
after the item relating to section 317 the following:

``317A. Temporary absence of persons participating in the Return of
                            Talent Program.''.

SEC. 3. ELIGIBLE IMMIGRANTS.

    Section 101(a)(27) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(27)) is amended--
            (1) in subparagraph (L), by inserting a semicolon after
        ``Improvement Act of 1998'';
            (2) in subparagraph (M), by striking the period and
        inserting ``; or''; and
            (3) by adding at the end the following:
            ``(N) an immigrant who--
                    ``(i) has been lawfully admitted to the United
                States for permanent residence;
                    ``(ii) demonstrates an ability and willingness to
                make a material contribution to the post-conflict or
                natural disaster reconstruction in the alien's country
                of citizenship; and
                    ``(iii) as determined by the Secretary of State in
                consultation with the Secretary of Homeland Security--
                            ``(I) is a citizen of a country in which
                        Armed Forces of the United States are engaged,
                        or have engaged in the 10 years preceding such
                        determination, in combat or peacekeeping
                        operations;
                            ``(II) is a citizen of a country where
                        authorization for United Nations peacekeeping
                        operations was initiated by the United Nations
                        Security Council during the 10 years preceding
                        such determination; or
                            ``(III) is a citizen of a country which
                        received, during the preceding 2 years, funding
                        from the Office of Foreign Disaster Assistance
                        of the United States Agency for International
                        Development in response to a declared disaster
                        in such country by the United States
                        Ambassador, the Chief of the U.S. Mission, or
                        the appropriate Assistant Secretary of State,
                        that is beyond the ability of such country's
                        response capacity and warrants a response by
                        the United States Government.''.

SEC. 4. REPORT TO CONGRESS.

    Not later than 2 years after the date of the enactment of this Act,
the Secretary of Homeland Security, in consultation with the Secretary
of State, shall submit a report to Congress that describes--
            (1) the countries of citizenship of the participants in the
        Return of Talent Program established under section 317A of the
        Immigration and Nationality Act, as added by section 2;
            (2) the post-conflict or natural disaster reconstruction
        efforts that benefitted, or were made possible, through
        participation in the program; and
            (3) any other information that the Secretary of Homeland
        Security determines to be appropriate.

SEC. 5. REGULATIONS.

    Not later than 6 months after the date of the enactment of this
Act, the Secretary of Homeland Security shall promulgate regulations to
carry out this Act and the amendments made by this Act.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Bureau of
Citizenship and Immigration Services for fiscal year 2008, such sums as
may be necessary to carry out this Act and the amendments made by this
Act.

Summary: Return of Talent Act - Amends the Immigration and Nationality Act to direct the Secretary of Homeland Security to establish the Return of Talent Program to permit an eligible immigrant alien and certain family members to return for up to 24 months to the alien's country of citizenship in order to make a material contribution to that country if the country is engaged in post-conflict or natural disaster reconstruction activities. States that during such absence the alien and family members shall be considered to be physically and continuously present and residing in the United States for naturalization purposes.

A bill to establish the Return of Talent Program to allow aliens who are legally present in the United States to return temporarily to the country of citizenship of the alien if that country is engaged in post-conflict or natural disaster reconstruction, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Local Control of Broadcast Towers
Act''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--Congress makes the following findings:
            (1) The placement, construction, and modification of
        broadcast transmission facilities near residential communities
        and facilities such as schools can greatly reduce the value of
        residential properties, destroy the views from properties,
        produce radio frequency interference, raise concerns about
        potential long-term health effects of such facilities, and
        reduce substantially the desire to live in the areas of such
        facilities.
            (2) States and local governments have traditionally
        regulated development and should be able to exercise control
        over the placement, construction, and modification of broadcast
        transmission facilities through the use of zoning and other
        land use regulations relating to the protection of the
        environment, public health and safety, and the general welfare
        of the community and the public.
            (3) The Federal Communications Commission establishes
        policies to govern interstate and international communications
        by television, radio, wire, satellite, and cable. The
        Commission ensures compliance of such activities with
        applicable Federal laws, including the National Environmental
        Policy Act of 1969 and the National Historic Preservation Act,
        in its decision-making on such activities.
            (4) The Commission defers to State and local authorities
        which regulate the placement, construction, and modification of
        broadcast transmission facilities through the use of zoning,
        construction and building, and environmental and safety
        regulations in order to protect the environment and the health,
        safety, and general welfare of communities and the public.
            (5) On August 19, 1997, the Commission issued a proposed
        rule, MM Docket No. 97-182, which would preempt the application
        of most State and local zoning, environmental, construction and
        building, and other regulations affecting the placement,
        construction, and modification of broadcast transmission
        facilities.
            (6) The telecommunications industry and its experts should
        be expected to have access to the best and most recent
        technical information and should therefore be held to the
        highest standards in terms of their representations,
        assertions, and promises to governmental authorities.
    (b) Purpose.--The purpose of this Act is to confirm that State and
local governments are the appropriate entities--
            (1) to regulate the placement, construction, and
        modification of broadcast transmission facilities consistent
        with State and local zoning, construction and building,
        environmental, and land use regulations;
            (2) to regulate the placement, construction, and
        modification of broadcast transmission facilities so that their
        placement, construction, or modification will not interfere
        with the safe and efficient use of public airspace or otherwise
        compromise or endanger the health, safety, and general welfare
        of the public; and
            (3) to hold accountable applicants for permits for the
        placement, construction, or modification of broadcast
        transmission facilities, and providers of services using such
        facilities, for the truthfulness and accuracy of
        representations and statements placed in the record of hearings
        for such permits, licenses, or approvals.

SEC. 3. PROHIBITION ON ADOPTION OF RULE REGARDING PREEMPTION OF STATE
              AND LOCAL AUTHORITY OVER BROADCAST TRANSMISSION
              FACILITIES.

    Notwithstanding any other provision of law, the Federal
Communications Commission shall not adopt as a final rule or otherwise
directly or indirectly implement any portion of the proposed rule set
forth in ``Preemption of State and Local Zoning and Land Use
Restrictions on Siting, Placement and Construction of Broadcast Station
Transmission Facilities'', MM Docket No. 97-182, released August 19,
1997.

SEC. 4. AUTHORITY OVER PLACEMENT, CONSTRUCTION, AND MODIFICATION OF
              BROADCAST TRANSMISSION FACILITIES.

    Part I of title III of the Communications Act of 1934 (47 U.S.C.
301 et seq.) is amended by adding at the end the following:

``SEC. 340. STATE AND LOCAL AUTHORITY OVER PLACEMENT, CONSTRUCTION, AND
              MODIFICATION OF BROADCAST TRANSMISSION FACILITIES.

    ``(a) Authority To Require Least Intrusive Facilities.--
            ``(1) In general.--A State or local government may deny an
        application to place, construct, or modify broadcast
        transmission facilities on the basis that alternative
        technologies, delivery systems, or structures are capable of
        delivering broadcast signals comparable to that proposed to be
        delivered by such facilities in a manner that is less intrusive
        to the community concerned than such facilities.
            ``(2) Considerations.--In determining under paragraph (1)
        the intrusiveness of technologies, delivery systems, or
        structures for the transmission of broadcast signals, a State
        or local government may  consider the aesthetics of such
technologies, systems, or structures, the environmental impact of such
technologies, systems, or structures, and the radio frequency
interference or radiation emitted by such technologies, systems, or
structures.
            ``(3) Burden of proof.--In any hearing for purposes of the
        exercise of the authority in paragraph (1), the burden shall be
        on the applicant.
    ``(b) Radio Interference.--A State or local government may regulate
the location, height, or modification of broadcast transmission
facilities in order to address the effects of radio frequency
interference caused by such facilities on local communities and the
public.
    ``(c) Authority To Require Studies and Documentation.--No provision
of this Act may be interpreted to prohibit a State or local government
from--
            ``(1) requiring a person seeking authority to place,
        construct, or modify broadcast transmission facilities to
        produce--
                    ``(A) environmental, biological, and health
                studies, engineering reports, or other documentation of
                the compliance of such facilities with radio frequency
                exposure limits, radio frequency interference impacts,
                and compliance with applicable laws, rules, and
                regulations governing the effects of such facilities on
                the environment, public health and safety, and the
                general welfare of the community and the public; and
                    ``(B) documentation of the compliance of such
                facilities with applicable Federal, State, and local
                aviation safety standards or aviation obstruction
                standards regarding objects effecting navigable
                airspace; or
            ``(2) refusing to grant authority to such person to place,
        construct, or modify such facilities within the jurisdiction of
        such government if such person fails to produce studies,
        reports, or documentation required under paragraph (1).
    ``(d) Construction.--Nothing in this section may be construed to
prohibit or otherwise limit the authority of a State or local
government to ensure compliance with or otherwise enforce any
statements, assertions, or representations filed or submitted by or on
behalf of an applicant with the State or local government for authority
to place, construct, or modify broadcast transmission facilities within
the jurisdiction of the State or local government.
    ``(e) Broadcast Transmission Facility Defined.--In this section,
the term `broadcast transmission facility' means the equipment, or any
portion thereof, with which a broadcaster transmits and receives the
radiofrequency waves that carry the services of the broadcaster,
regardless of whether the equipment is sited on one or more towers or
other structures owned by a person or entity other than the
broadcaster, and includes the location of such equipment.''.

Summary: Local Control of Broadcast Towers Act - Prohibits the Federal Communications Commission from adopting a final rule or otherwise implementing any portion of a proposed rule regarding the preemption of State and local zoning and land use restrictions on the siting, placement, and construction of broadcast station transmission facilities. Amends the Communications Act of 1934 to allow a State or local government to deny an application to place, construct, or modify such facilities on the basis that alternative technologies, systems, or structures are capable of delivering such services in a manner less intrusive to the local community. Places the burden of proving the appropriateness of proposed facilities on applicants. Allows a State or local government to regulate the location, height, or modification of such facilities in order to address the effects of radio frequency interference on local communities and the public. Prohibits the Act from being interpreted to prohibit a State or local government from requiring environmental or other studies, reports, or documentation concerning the placement, construction, or modification of such facilities.

A bill to amend the Communications Act of 1934 to clarify and reaffirm State and local authority to regulate the placement, construction, and modification of broadcast transmission facilities, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Historically Women's Public Colleges
or Universities Historic Building Restoration and Preservation Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Historically women's public college or university.--The
        term ``historically women's public college or university''
        means a public institution of higher education created in the
        United States between 1836 and 1908 to provide industrial
        education for women, including the institutions listed in
        clauses (i) though (viii) of section 3(d)(2)(A).
            (2) Historic building or structure.--The term ``historic
        building or structure'' means a building or structure listed
        (or eligible to be listed) on the National Register of Historic
        Places, designated as a National Historic Landmark, or located
        within a designated historic district.
            (3) Secretary.--The term ``Secretary'' means the Secretary
        of the Interior.

SEC. 3. PRESERVATION AND RESTORATION GRANTS FOR HISTORIC BUILDINGS AND
              STRUCTURES AT HISTORICALLY WOMEN'S PUBLIC COLLEGES OR
              UNIVERSITIES.

    (a) Authority To Make Grants.--
            (1) In general.--From amounts made available under
        paragraph (2), the Secretary shall award grants in accordance
        with this section to historically women's public colleges or
        universities for the preservation and restoration of historic
        buildings and structures on their campuses.
            (2) Source of funding.--Grants under paragraph (1) shall be
        awarded from amounts appropriated to carry out the National
        Historic Preservation Act (16 U.S.C. 470 et seq.) for fiscal
        years 2001 through 2005.
    (b) Grant Conditions.--Grants made under subsection (a) shall be
subject to the condition that the grantee agree, for the period of time
specified by the Secretary, that--
            (1) no alteration will be made in the property with respect
        to which the grant is made without the concurrence of the
        Secretary; and
            (2) reasonable public access to the property for which the
        grant is made will be permitted by the grantee for interpretive
        and educational purposes.
    (c) Matching Requirement for Buildings and Structures Listed on the
National Register of Historic Places.--
            (1) In general.--Except as provided by paragraph (2), the
        Secretary may obligate funds made available under this section
        for a grant with respect to a building or structure listed on
        the National Register of Historic Places, designated as a
        National Historic Landmark, or located within a designated
        historic district, only if the grantee agrees to provide for
        activities under the grant, from funds derived from non-Federal
        sources, an amount equal to 50 percent of the costs of the
        program to be funded under the grant with the Secretary
        providing 50 percent of such costs under the grant.
            (2) In-kind contributions.--In addition to cash outlays and
        payments, in-kind contributions of property or personnel
        services by non-Federal interests may be used for the non-
        Federal share of costs required by paragraph (1).
    (d) Funding Provisions.--
            (1) Amounts to be made available.--Not more than
        $16,000,000 for each of the fiscal years 2001 through 2005 may
        be made available under this section.
            (2) Allocations for fiscal year 2001.--
                    (A) In general.--Of the amounts made available
                under this section for fiscal year 2001, there shall be
                available only for grants under subsection (a)
                $2,000,000 for each of the following:
                            (i) Mississippi University for Women in
                        Colombus, Mississippi.
                            (ii) Georgia College and State University
                        in Milledgeville, Georgia.
                            (iii) University of North Carolina in
                        Greensboro, North Carolina.
                            (iv) Winthrop University in Rock Hill,
                        South Carolina.
                            (v) University of Montevallo in Montevallo,
                        Alabama.
                            (vi) Texas Woman's University in Denton,
                        Texas.
                            (vii) University of Science and Arts of
                        Oklahoma in Chickasha, Oklahoma.
                            (viii) Wesleyan College in Macon, Georgia.
                    (B) Less than $16,000,000 available.--If less than
                $16,000,000 is made available under this section for
                fiscal year 2001, then the amount made available to
                each of the institutions listed in subparagraph (A)
                shall be reduced by the same amount.
            (3) Allocations for fiscal years 2002-2005.--Any funds
        which are made available during fiscal years 2002 through 2005
        under subsection (a)(2) shall be distributed by the Secretary
        in accordance with the provisions of subparagraphs (A) and (B)
        of paragraph (2) to those grantees named in paragraph (2)(A)
        which remain eligible and desire to participate, on a uniform
        basis, in such fiscal years.
    (e) Regulations.--The Secretary shall promulgate such regulations
as are necessary to carry out this Act.

            Passed the House of Representatives October 3, 2000.

            Attest:

                                                                 Clerk.

Summary: Sets forth: (1) grant conditions. (2) a 50 percent non-Federal funds matching requirement, including in- kind contributions. And (3) a limitation on the total amount of such grants in a fiscal year. Requires such amount for FY 2001 to be distributed equally among the following institutions: (1) Mississippi University for Women, (2) Georgia College and State University, (3) University of North Carolina at Greensboro, North Carolina, (4) Winthrop University in Rock Hill, South Carolina, (5) University of Montevallo in Montevallo, Alabama, (6) Texas Woman's University in Denton, Texas. (7) University of Science and Arts of Oklahoma in Chickasha, Oklahoma. And (8) Wesleyan College in Macon, Georgia. Requires such amounts for FY 2002 through 2005 also to be distributed among such institutions if they remain eligible and wish to participate, on a uniform basis, for such fiscal years.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``American Manufacturing
Competitiveness Act of 2015''.

SEC. 2. SENSE OF CONGRESS ON THE NEED FOR A MISCELLANEOUS TARIFF BILL.

    (a) Findings.--Congress makes the following findings:
            (1) As of the date of the enactment of this Act, the
        Harmonized Tariff Schedule of the United States imposes duties
        on imported goods for which there is no domestic availability
        or insufficient domestic availability.
            (2) The imposition of duties on such goods creates
        artificial distortions in the economy of the United States that
        negatively affect United States manufacturers and consumers.
            (3) It is in the interests of the United States to update
        the Harmonized Tariff Schedule every 3 years to eliminate such
        artificial distortions by suspending or reducing duties on such
        goods.
            (4) The manufacturing competitiveness of the United States
        around the world will be enhanced if Congress regularly and
        predictably updates the Harmonized Tariff Schedule to suspend
        or reduce duties on such goods.
    (b) Sense of Congress.--It is the sense of Congress that, to remove
the competitive disadvantage to United States manufactures and
consumers resulting from an outdated Harmonized Tariff Schedule and to
promote the competitiveness of United States manufacturers, Congress
should consider a miscellaneous tariff bill not later than 180 days
after the United States International Trade Commission and the
Department of Commerce issue reports on proposed duty suspensions and
reductions under this Act.

SEC. 3. PROCESS FOR CONSIDERATION OF DUTY SUSPENSIONS AND REDUCTIONS.

    (a) Purpose.--It is the purpose of this section to establish a
process by the appropriate congressional committees, in conjunction
with the Commission pursuant to its authorities under section 332 of
the Tariff Act of 1930 (19 U.S.C. 1332), for the submission and
consideration of proposed duty suspensions and reductions.
    (b) Establishment.--Not later than October 15, 2015, and October
15, 2018, the appropriate congressional committees shall establish and,
on the same day, publish on their respective publicly available
Internet websites a process--
            (1) to provide for the submission and consideration of
        legislation containing proposed duty suspensions and reductions
        in a manner that, to the maximum extent practicable, is
        consistent with the requirements described in subsection (c);
        and
            (2) to include in a miscellaneous tariff bill those duty
        suspensions and reductions that meet the requirements of this
        Act.
    (c) Requirements of Commission.--
            (1) Initiation.--Not later than October 15, 2015, and
        October 15, 2018, the Commission shall publish in the Federal
        Register and on a publicly available Internet website of the
        Commission a notice requesting members of the public to submit
        to the Commission during the 60-day period beginning on the
        date of such publication--
                    (A) proposed duty suspensions and reductions; and
                    (B) Commission disclosure forms with respect to
                such duty suspensions and reductions.
            (2) Review.--
                    (A) Commission submission to congress.--As soon as
                practicable after the expiration of the 60-day period
                specified in paragraph (1), but not later than 15 days
                after the expiration of such 60-day period, the
                Commission shall submit to the appropriate
                congressional committees the proposed duty suspensions
                and reductions submitted under paragraph (1)(A) and the
                Commission disclosure forms with respect to such duty
                suspensions and reductions submitted under paragraph
                (1)(B).
                    (B) Public availability of proposed duty
                suspensions and reductions.--Not later than 15 days
                after the expiration of the 60-day period specified in
                paragraph (1), the Commission shall publish on a
                publicly available Internet website of the Commission
                the proposed duty suspensions and reductions submitted
                under paragraph (1)(A) and the Commission disclosure
                forms with respect to such duty suspensions and
                reductions submitted under paragraph (1)(B).
                    (C) Commission reports to congress.--Not later than
                the end of the 90-day period beginning on the date of
                publication of the proposed duty suspensions and
                reductions under subparagraph (B), the Commission shall
                submit to the appropriate congressional committees a
                report on each proposed duty suspension or reduction
                submitted pursuant to subsection (b)(1) or paragraph
                (1)(A) that contains the following information:
                            (i) A determination of whether or not
                        domestic production of the article that is the
                        subject of the proposed duty suspension or
                        reduction exists and, if such production
                        exists, whether or not a domestic producer of
                        the article objects to the proposed duty
                        suspension or reduction.
                            (ii) Any technical changes to the article
                        description that are necessary for purposes of
                        administration when articles are presented for
                        importation.
                            (iii) The amount of tariff revenue that
                        would no longer be collected if the proposed
                        duty suspension or reduction takes effect.
                            (iv) A determination of whether or not the
                        proposed duty suspension or reduction is
                        available to any person that imports the
                        article that is the subject of the proposed
                        duty suspension or reduction.
            (3) Procedures.--The Commission shall prescribe and publish
        on a publicly available Internet website of the Commission
        procedures for complying with the requirements of this
        subsection.
            (4) Authorities described.--The Commission shall carry out
        this subsection pursuant to its authorities under section 332
        of the Tariff Act of 1930 (19 U.S.C. 1332).
    (d) Department of Commerce Report.--Not later than the end of the
90-day period beginning on the date of publication of the proposed duty
suspensions and reductions under subsection (c)(2)(B), the Secretary of
Commerce, in consultation with U.S. Customs and Border Protection and
other relevant Federal agencies, shall submit to the appropriate
congressional committees a report on each proposed duty suspension and
reduction submitted pursuant to subsection (b)(1) or (c)(1)(A) that
includes the following information:
            (1) A determination of whether or not domestic production
        of the article that is the subject of the proposed duty
        suspension or reduction exists and, if such production exists,
        whether or not a domestic producer of the article objects to
        the proposed duty suspension or reduction.
            (2) Any technical changes to the article description that
        are necessary for purposes of administration when articles are
        presented for importation.
    (e) Rule of Construction.--A proposed duty suspension or reduction
submitted under this section by a Member of Congress shall receive
treatment no more favorable than the treatment received by a proposed
duty suspension or reduction submitted under this section by a member
of the public.

SEC. 4. REPORT ON EFFECTS OF DUTY SUSPENSIONS AND REDUCTIONS ON UNITED
              STATES ECONOMY.

    (a) In General.--Not later than May 1, 2018, and May 1, 2020, the
Commission shall submit to the appropriate congressional committees a
report on the effects on the United States economy of temporary duty
suspensions and reductions enacted pursuant to this Act, including a
broad assessment of the economic effects of such duty suspensions and
reductions on producers, purchasers, and consumers in the United
States, using case studies describing such effects on selected
industries or by type of article as available data permit.
    (b) Recommendations.--The Commission shall also solicit and append
to the report required under subsection (a) recommendations with
respect to those domestic industry sectors or specific domestic
industries that might benefit from permanent duty suspensions and
reductions or elimination of duties, either through a unilateral action
of the United States or though negotiations for reciprocal tariff
agreements, with a particular focus on inequities created by tariff
inversions.
    (c) Form of Report.--Each report required by this section shall be
submitted in unclassified form, but may include a classified annex.

SEC. 5. JUDICIAL REVIEW PRECLUDED.

    The exercise of functions under this Act shall not be subject to
judicial review.

SEC. 6. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term
        ``appropriate congressional committees'' means the Committee on
        Ways and Means of the House of Representatives and the
        Committee on Finance of the Senate.
            (2) Commission.--The term ``Commission'' means the United
        States International Trade Commission.
            (3) Commission disclosure form.--The term ``Commission
        disclosure form'' means, with respect to a proposed duty
        suspension or reduction, a document submitted by a member of
        the public to the Commission that contains the following:
                    (A) The contact information for any known importers
                of the article to which the proposed duty suspension or
                reduction would apply.
                    (B) A certification by the member of the public
                that the proposed duty suspension or reduction is
                available to any person importing the article to which
                the proposed duty suspension or reduction would apply.
            (4) Domestic producer.--The term ``domestic producer''
        means a person that demonstrates production, or imminent
        production, in the United States of an article that is
        identical to, or like or directly competitive with, an article
        to which a proposed duty suspension or reduction would apply.
            (5) Duty suspension or reduction.--
                    (A) In general.--The term ``duty suspension or
                reduction'' means an amendment to subchapter II of
                chapter 99 of the Harmonized Tariff Schedule of the
                United States that--
                            (i)(I) extends an existing temporary duty
                        suspension or reduction of duty on an article
                        under that subchapter; or
                            (II) provides for a new temporary duty
                        suspension or reduction of duty on an article
                        under that subchapter; and
                            (ii) otherwise meets the requirements
                        described in subparagraph (B).
                    (B) Requirements.--A duty suspension or reduction
                meets the requirements described in this subparagraph
                if--
                            (i) the duty suspension or reduction can be
                        administered by U.S. Customs and Border
                        Protection;
                            (ii) the estimated loss in revenue to the
                        United States from the duty suspension or
                        reduction does not exceed $500,000 in a
                        calendar year during which the duty suspension
                        or reduction would be in effect, as determined
                        by the Congressional Budget Office; and
                            (iii) the duty suspension or reduction is
                        available to any person importing the article
                        that is the subject of the duty suspension or
                        reduction.
            (6) Member of congress.--The term ``Member of Congress''
        means a Senator or a Representative in, or Delegate or Resident
        Commissioner to, Congress.
            (7) Miscellaneous tariff bill.--The term ``miscellaneous
        tariff bill'' means a bill of either House of Congress that
        contains only--
                    (A) duty suspensions and reductions that--
                            (i) meet the applicable requirements for--
                                    (I) consideration of duty
                                suspensions and reductions described in
                                section 3; or
                                    (II) any other process required
                                under the Rules of the House of
                                Representatives or the Senate; and
                            (ii) are not the subject of an objection
                        because such duty suspensions and reductions do
                        not comply with the requirements of this Act
                        from--
                                    (I) a Member of Congress; or
                                    (II) a domestic producer, as
                                contained in comments submitted to the
                                appropriate congressional committees,
                                the Commission, or the Department of
                                Commerce under section 3; and
                    (B) provisions included in bills introduced in the
                House of Representatives or the Senate pursuant to a
                process described in subparagraph (A)(i)(II) that
                correct an error in the text or administration of a
                provision of the Harmonized Tariff Schedule of the
                United States.

Summary: American Manufacturing Competitiveness Act of 2015 It is the sense of Congress that it should consider a miscellaneous tariff bill not later than 180 days after the USITC and the Department of Commerce issue reports on any proposed duty suspensions and reductions. The appropriate congressional committees shall establish, and publish on their publicly available websites, a process for the submission and consideration of legislation for proposed duty suspensions and reductions as well as a miscellaneous tariff bill including them, consistent with certain requirements. The USITC shall report to Congress, by May 1, 2018, and May 1, 2020, on the effects of such suspensions and reductions on the US economy. The exercise of functions under this title shall not be subject to judicial review.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Eating Healthy at School Act of
2010''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Information about school meal quality is vital to
        maximizing the national investment in the school meal programs
        established under the Richard B. Russell National School Lunch
        Act (42 U.S.C. 1751 et seq.) and section 4 of the Child
        Nutrition Act of 1966 (42 U.S.C. 1773) and for measuring the
        effectiveness of and compliance with Federal school meal
        standards.
            (2) Assessing compliance with Federal school meal standards
        will enhance child health and the nutritional quality of school
        meals, contribute to nutrition research and evaluation of the
        school meal programs, and improve oversight of the school meal
        programs.
            (3) According to the School Nutrition Dietary Assessment
        Study-III of the school meals served under the school meal
        programs in school year 2004-2005, the majority of schools
        offered breakfasts and lunches that met the standards for the
        recommended daily intake of key nutrients, such as vitamins A
        and C, calcium, protein, and iron, but that the majority of
        school lunches were still too high in fat, saturated fat, and
        sodium.
            (4) Reviews of the nutritional quality of school meals
        under the school meals initiative for healthy children (60 Fed.
        Reg. 31188 (1995)) assess only the lunches served in 1 school
        per school food authority every 5 years and do not include
        assessments of breakfasts served by schools participating in
        the school breakfast program established under section 4 of the
        Child Nutrition Act of 1966 (42 U.S.C. 1773) or compliance with
        nutrition standards for foods sold in schools outside of the
        school meal programs.
            (5) Reviews of school meals under the school meals
        initiative for healthy children are laborious for State child
        nutrition programs and local school food authorities.
        Simplified, less burdensome, and more effective approaches are
        needed.
            (6) The Institute of Medicine recommends changes to school
        meals to reflect the most recent Dietary Guidelines for
        Americans published under section 301 of the National Nutrition
        Monitoring and Related Research Act of 1990 (7 U.S.C. 5341).
        The recommendations for new meal requirements involve
        significant shifts in the approach of schools to menu planning
        and will likely require new mechanisms for monitoring meal
        quality.
            (7) Food of poor nutritional value sold in schools outside
        of the school meal programs can undermine the national
        investment in school meals.
            (8) Gaps in Federal requirements for program integrity
        reviews limit the ability to identify and address meal counting
        and claiming errors.
            (9) Program integrity reviews are not required for the
        school breakfast program. Twenty-one States reported to the
        Comptroller General of the United States that they do not
        review the school breakfast program.
            (10) The percentage of meal counting and claiming errors is
        higher in the school breakfast program than in the school lunch
        program.

SEC. 3. COMPLIANCE AND ACCOUNTABILITY STUDY.

    (a) In General.--The Secretary of Agriculture shall conduct a study
to--
            (1) assess the effectiveness and efficiency of
        administrative review systems to ensure--
                    (A) each local educational agency participating in
                the school lunch program established under the Richard
                B. Russell National School Lunch Act (42 U.S.C. 1751 et
                seq.) complies with the provisions of such Act,
                including the provisions with respect to nutrition,
                eligibility, meal counts, and claims for reimbursement;
                    (B) each local educational agency participating in
                the school breakfast program established under section
                4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773)
                complies with the provisions of such Act, including the
                provisions with respect to nutrition, eligibility, meal
                counts, and claims for reimbursement; and
                    (C) each local educational agency described in
                subparagraphs (A) and (B) is accountable for the
                compliance described in such subparagraphs;
            (2) design and test alternative processes and procedures
        that may improve the effectiveness and efficiency of the
        administrative review systems described in paragraph (1), and
        determine the optimal frequency for carrying out reviews under
        such systems; and
            (3) identify any alternative processes and procedures for
        establishing a more effective and efficient administrative
        review system which--
                    (A) reflect the results of tests of alternative
                processes and procedures conducted pursuant to
                paragraph (2); and
                    (B) consider the practicality of implementing such
                alternative processes and procedures, including the
                cost and burden of implementation that would be imposed
                on local school food authorities, local educational
                agencies, and State educational agencies.
    (b) Report.--Not later than 3 years after the date of the enactment
of this Act, the Secretary of Agriculture shall submit to the Committee
on Education and Labor of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry of the Senate, a
report that describes the results and recommendations of the study
conducted pursuant to subsection (a).
    (c) Regulations.--The Secretary of Agriculture may prescribe
regulations as may be necessary to implement the processes or
procedures identified pursuant to subsection (a)(3) for establishing an
effective and efficient administrative review system.
    (d) Funding.--
            (1) In general.--Upon the date of the enactment of this
        Act, out of any funds in the Treasury not otherwise
        appropriated, the Secretary of the Treasury shall transfer to
        the Secretary of Agriculture $3,500,000 to carry out this
        section, to remain available until expended.
            (2) Receipt and acceptance.--The Secretary of Agriculture
        shall be entitled to receive, shall accept, and shall use to
        carry out this section the funds transferred under paragraph
        (1), without further appropriation.

Summary: Eating Healthy at School Act of 2010 - Directs the Secretary of Agriculture to study and report to Congress on: (1) the effectiveness and efficiency of administrative review systems in holding local educational agencies accountable for complying with the requirements of the school lunch and breakfast programs. (2) the design and test of alternative processes and procedures that may improve the effectiveness and efficiency of such systems. And (3) any such alternative processes and procedures that reflect the results of such tests, and consider the practicality of implementation. Authorizes the Secretary to prescribe the regulations necessary to implement such alternative processes or procedures.

To direct the Secretary of Agriculture to assess the effectiveness and efficiency of administrative review systems to ensure compliance with Federal meal standards.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``EQIP Improvement Act of 2018''.

SEC. 2. ENVIRONMENTAL QUALITY INCENTIVES PROGRAM REFORMS.

    (a) In General.--Section 1240B of the Food Security Act of 1985 (16
U.S.C. 3839aa-2) is amended--
            (1) in subsection (d), by striking paragraph (2) and
        inserting the following:
            ``(2) Limitation on payments.--A payment to a producer for
        performing a practice may not exceed, as determined by the
        Secretary--
                    ``(A) except as provided in subparagraphs (B)
                through (D), 75 percent of the costs associated with
                planning, design, materials, equipment, installation,
                labor, management, maintenance, or training;
                    ``(B) 40 percent of the costs associated with
                planning, design, materials, equipment, installation,
                labor, management, maintenance, or training for--
                            ``(i) an access road;
                            ``(ii) an animal mortality facility;
                            ``(iii) an aquaculture pond;
                            ``(iv) clearing and snagging;
                            ``(v) a dam;
                            ``(vi) a dam using a diversion;
                            ``(vii) a dike;
                            ``(viii) a diversion;
                            ``(ix) a fish raceway or tank;
                            ``(x) an irrigation pipeline;
                            ``(xi) an irrigation reservoir;
                            ``(xii) land clearing;
                            ``(xiii) land smoothing;
                            ``(xiv) a livestock pipeline;
                            ``(xv) obstruction removal;
                            ``(xvi) a pond;
                            ``(xvii) a pumping plant;
                            ``(xviii) spoil spreading;
                            ``(xix) a surface drain using a field
                        ditch;
                            ``(xx) a main or lateral surface drain;
                            ``(xxi) a vertical drain;
                            ``(xxii) a waste facility closure;
                            ``(xxiii) a waste storage facility;
                            ``(xxiv) waste transfer; or
                            ``(xxv) a waste treatment lagoon;
                    ``(C) 100 percent of income foregone by the
                producer; or
                    ``(D) in the case of a practice that includes one
                or more elements described in subparagraphs (A) through
                (C)--
                            ``(i) 75 percent of the costs incurred with
                        respect to any elements described in
                        subparagraph (A);
                            ``(ii) 40 percent of the costs incurred
                        with respect to any elements described in
                        subparagraph (B); and
                            ``(iii) 100 percent of the income forgone
                        with respect to any elements described in
                        subparagraph (C).''; and
            (2) in subsection (f), by striking the subsection
        designation and heading and all that follows through ``For
        each'' in paragraph (2) and inserting the following:
    ``(f) Allocation of Funding for Wildlife Habitat.--For each''.
    (b) Limitation on Payments.--Section 1240G of the Food Security Act
of 1985 (16 U.S.C. 3839aa-7) is amended by striking ``$450,000'' and
inserting ``$150,000''.
    (c) Program Reforms.--Section 1240F of the Food Security Act of
1985 (16 U.S.C. 3839aa-6) is amended--
            (1) in the matter preceding paragraph (1), by striking ``To
        the extent'' and inserting the following:
    ``(a) Producer Assistance.--To the extent''; and
            (2) by adding at the end the following:
    ``(b) Program Reforms.--Not later than 180 days after the date of
enactment of this subsection, the Secretary shall--
            ``(1) coordinate the program with the conservation effects
        assessments carried out by the Secretary--
                    ``(A) to ensure that the conservation effects
                assessments consider the practical limitations and
                costs and benefits encountered by the Secretary in
                implementing the program; and
                    ``(B) to use information collected through
                conservation effects assessments carried out by the
                Secretary to direct funds of the program to contracts
                that will optimize environmental benefits; and
            ``(2) revise guidance issued to States with regards to
        allocation processes of program funds within the States to
        provide that, in determining the allocation of program funds
        within a State, the State should use data regarding
        environmental concerns, if available, as a primary factor to
        prioritize projects.''.
    (d) High-Priority Practices.--
            (1) Definition of high-priority practice.--Section 1240A of
        the Food Security Act of 1985 (16 U.S.C. 3839aa-1) is amended--
                    (A) by redesignating paragraphs (2) through (5) as
                paragraphs (3) through (6), respectively; and
                    (B) by inserting after paragraph (1) the following:
            ``(2) High-priority practice.--
                    ``(A) In general.--The term `high-priority
                practice' means a land management practice or
                vegetative practice that, as determined by the
                Secretary, is a cost-effective means of addressing the
                most pressing specific impairments that threaten to
                degrade or impair--
                            ``(i) water quality;
                            ``(ii) water quantity;
                            ``(iii) soil or related natural resources
                        within a local watershed; or
                            ``(iv) a specific natural resource
                        boundary.
                    ``(B) Inclusions.--The term `high-priority
                practice' includes the planning, design, materials,
                equipment, installation, labor, management,
                maintenance, or training for--
                            ``(i) conservation cover;
                            ``(ii) conservation crop rotation;
                            ``(iii) cover crops;
                            ``(iv) critical area planting;
                            ``(v) a filter strip;
                            ``(vi) nutrient management;
                            ``(vii) prescribed grazing;
                            ``(viii) residue and tillage management
                        using no till;
                            ``(ix) a riparian forest buffer;
                            ``(x) a riparian herbaceous cover; and
                            ``(xi) tree and shrub establishment.''.
            (2) Prioritization of applications.--Section 1240C(b) of
        the Food Security Act of 1985 (16 U.S.C. 3839aa-3(b)) is
        amended--
                    (A) by redesignating paragraphs (1) through (4) as
                paragraphs (2) through (5), respectively; and
                    (B) by inserting before paragraph (2) (as
                redesignated by subparagraph (A)) the following--
            ``(1) that consist only of the performance of one or more
        high-priority practices;''.
    (e) Report to Congress.--Section 1240B of the Food Security Act of
1985 (16 U.S.C. 3839aa-2) is amended by adding at the end the
following:
    ``(j) Annual Report to Congress.--Not less frequently than once
each year, the Secretary shall submit to Congress a report describing--
            ``(1) the amount obligated under the program with respect
        to each category of practice, with information categorized by
        fiscal year and State; and
            ``(2) the amount obligated under the program in each State,
        with information categorized by fiscal year and the size of the
        operation of each producer.''.

Summary: EQIP Improvement Act of 2018 This bill amends the Food Security Act of 1985 to modify the Department of Agriculture (USDA) Environmental Quality Incentives Program (EQIP). The bill modifies EQIP to: reduce the maximum federal cost-share from 75 to 40 for specified practices, repeal the requirement for at least 60 of the funds made available for EQIP payments to be targeted at practices relating to livestock production, and reduce the five-year EQIP payment cap from $450,000 to $150,000. The bill also requires USDA to: (1) coordinate the program with the conservation effects assessments carried out by USDA, and (2) revise the guidance issued to states for allocating funds to require data regarding environmental concerns to be used as a primary factor to prioritize projects. USDA must prioritize EQIP applications that consist only of the performance of certain land management or vegetative practices that are a cost-effective means of addressing the most pressing impairments that threaten to degrade or impair water quality, water quantity, soil or related natural resources within a local watershed, or a specific natural resource boundary.

EQIP Improvement Act of 2018


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Import Control and Safe Handling of
Spent Nuclear Fuel Act of 1995''.

SEC. 2. PROHIBITION ON IMPORTS OF SPENT NUCLEAR FUEL.

    No spent nuclear fuel may be imported into the United States
unless--
            (1) the Congress by law has approved a repository or
        repositories with the capacity to store or dispose of all spent
        nuclear fuel generated by commercial nuclear reactors in the
        United States and from atomic energy defense activities;
            (2) the appropriate Federal agency or agencies have
        licensed such repository or repositories for the purpose
        described in paragraph (1); and
            (3) the repository or repositories are operating.

SEC. 3. NATIONAL SECURITY EXCEPTIONS.

    (a) Proliferating Countries.--The prohibition contained in section
2 shall not apply to imports of spent nuclear fuel from a country if--
            (1) the President determines that such country--
                    (A) is not a country authorized to possess nuclear
                weapons under the Treaty on the Non-Proliferation of
                Nuclear Weapons; and
                    (B) is known or suspected to be producing or
                developing nuclear weapons; and
            (2) the President so notifies the Permanent Select
        Committee on Intelligence of the House of Representatives and
        the Select Committee on Intelligence of the Senate at least 30
        days in advance of the arrival of the imported fuel into the
        customs territory of the United States.
    (b) Samples.--The prohibition contained in section 2 shall not
apply to samples of spent nuclear fuel imported for testing and
evaluation for national security purposes.

SEC. 4. GUIDELINES BY PORT AUTHORITIES TO ENSURE SAFE SHIPMENT OF
              CERTAIN MATERIAL.

    (a) In General.--Any port authority may--
            (1) through a public comment process, establish reasonable
        guidelines to ensure that the unloading, transfer, and shipment
        of spent nuclear fuel at or through a port under its
        jurisdiction is conducted in a manner that protects the public
        health and safety and the environment at, and in the vicinity
        of, such marine port; and
            (2) require that any such unloading, transfer, or shipment
        be in compliance with such guidelines.
    (b) Descriptions of Guidelines.--Guidelines which a port authority
may establish include, but are not limited to, the following:
            (1) Workers must be properly trained (to the satisfaction
        of any union representing such workers) in the handling of the
        spent nuclear fuel.
            (2) A comprehensive response plan covering spent nuclear
        fuel (including containment in case of fire, spill response,
        and other contingencies) must be in place before spent nuclear
        fuel can enter the port.
            (3) Local communities must be informed of the unloading,
        transfer, or shipment of the spent nuclear fuel, as well as
        possible consequences. The guidelines may include and, if
        requested by local communities in the immediate vicinity of the
        port over which the port authority has jurisdiction, or local
        communities through which spent nuclear fuel would pass when
        transported by rail or motor vehicle from the port, should
        include, reasonable standards for storage or parking of casks
        or transport vehicles carrying spent nuclear fuel and
        prohibitions against the movement of spent nuclear fuel from
        the port at certain times or under certain weather, traffic, or
        similar conditions that could increase the exposure of the
        public to radiation or increase the risk of an accident
        occurring during the movement of the spent nuclear fuel.
            (4) Radiation exposure levels for workers may not exceed
        standards for public exposure previously established by
        regulation.
    (c) Relation to Other Requirements.--(1) Subsection (a) shall apply
only to guidelines that are more protective of the public health and
safety and the environment than other applicable requirements
established under Federal, State, or local law.
    (2) The existence or enforcement of any requirements under any
Federal, State, or local law governing the unloading, transfer, or
shipment of spent nuclear fuel shall not preclude or preempt the
adoption or enforcement of guidelines established under subsection (a).

SEC. 5. LIABILITY.

    Nothing in this Act shall affect the liability or indemnification
of the port in the handling of nuclear materials.

SEC. 6. DEFINITIONS.

    For purposes of this Act--
            (1) Atomic energy defense activity.--The term ``atomic
        energy defense activity'' means any activity of the Secretary
        of Energy performed in whole or in part in carrying out any of
        the following functions:
                    (A) Naval reactors development.
                    (B) Weapons activities including defense inertial
                confinement fusion.
                    (C) Verification and control technology.
                    (D) Defense nuclear materials production.
                    (E) Defense nuclear waste and materials byproducts
                management.
                    (F) Defense nuclear materials security and
                safeguards and security investigations.
                    (G) Defense research and development.
            (2) Port authority.--The term ``port authority'' means any
        local, regional, State, or interstate authority having
        jurisdiction with respect to the operation of a port in the
        United States.
            (3) Repository.--The term ``repository'' has the meaning
        given such term by section 2(18) of the Nuclear Waste Policy
        Act of 1982 (42 U.S.C. 10101(18)).
            (4) Spent nuclear fuel.--The term ``spent nuclear fuel''
        has the meaning given such term by section 2(23) of the Nuclear
        Waste Policy Act of 1982 (42 U.S.C. 10101(23)).

Summary: Import Control and Safe Handling of Spent Nuclear Fuel Act of 1995 - Prohibits the importation of spent nuclear fuel unless: (1) the Congress has approved a repository with storage or disposal capacity for all the spent nuclear fuel from commercial nuclear reactors and atomic energy defense activities. And (2) such repositories are federally licensed and operating. Exempts from such proscription: (1) samples of spent nuclear fuel imported for testing and evaluation for national security reasons. And (2) imports from countries not authorized to possess nuclear weapons under the Treaty on the Non-Proliferation of Nuclear Weapons, but which are known or suspected to be producing or developing nuclear weapons. Provides guidelines which a port authority may use to ensure the safe unloading, transfer, and shipment of spent nuclear fuel through its port.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``8/29 Investigation Team Act''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) Hurricanes Katrina and Rita, which struck the Gulf
        Coast in 2005, caused almost $200,000,000,000 in total economic
        losses, including insured and uninsured losses;
            (2) while multiple reviews have been conducted to assess
        the failure of each flood detection system and related
        infrastructure since August 2005, Congress has yet to be
        informed of definitive recommendations or specific proposals
        for action;
            (3) to the extent the possibility of another significant
        flood protection system failure with the resulting devastation
        and damage exists, a proper technical and investigative review
        is needed; and
            (4) the most efficient and effective approach to assessing
        the failure of the flood protection system and subsequent
        devastation is--
                    (A) to establish a bipartisan investigation team of
                experts to study--
                            (i) the management, construction, and
                        funding of levee, flood control, coastal
                        reconstruction, and hurricane protection
                        projects; and
                            (ii) the means by which the Federal
                        Government responds to catastrophic disasters
                        and by which the Federal Government prepares
                        and develops contingency plans and disaster
                        preparations; and
                    (B) to require the Investigation Team to timely
                report the recommendations of the Investigation Team to
                Congress so that Congress can quickly identify any
                outstanding issues and determine a solution to protect
                residents of the Gulf Coast in particular and the
                United States in general.

SEC. 3. ESTABLISHMENT OF 8/29 INVESTIGATION TEAM.

    There is established a bipartisan investigation team, to be known
as the ``8/29 Investigation Team'' (referred to in this Act as the
``Investigation Team''), to examine--
            (1) the events beginning on August 29, 2005; and
            (2) each flood control and restoration project that has
        been carried out--
                    (A) since August 29, 2005; and
                    (B) in the Gulf Coast.

SEC. 4. MEMBERSHIP.

    (a) Composition.--The Investigation Team shall be composed of 12
members, appointed as follows:
            (1) 2 members appointed by the President;
            (2) 2 members appointed by the cochairpersons, in
        consultation with the ranking member, of the Committee on
        Environment and Public Works of the Senate;
            (3) 2 members appointed by the cochairpersons, in
        consultation with the ranking member, of the Committee on
        Homeland Security and Governmental Affairs of the Senate;
            (4) 2 members appointed by the cochairpersons, in
        consultation with the ranking member, of the Committee on
        Transportation and Infrastructure of the House of
        Representatives;
            (5) 2 members appointed by the cochairpersons, in
        consultation with the ranking member, of the Committee on
        Homeland Security of the House of Representatives; and
            (6) 2 members appointed by the Governor of the State of
        Louisiana, subject to confirmation by the Committee on
        Environment and Public Works of the Senate.
    (b) Cochairpersons.--
            (1) Election of cochairpersons.--The Investigation Team
        shall, by a majority of the members of the Investigation Team,
        elect 2 cochairpersons from the members of the Investigation
        Team.
            (2) Political affiliation.--Each cochairperson elected by
        the members of the Investigation Team under paragraph (1) shall
        be affiliated with a different political party.
    (c) Prohibition.--No elected official of the Federal Government
shall serve as a member of the Investigation Team.
    (d) Sense of Congress Regarding Qualifications.--It is the sense of
Congress that individuals appointed to the Investigation Team should
be--
            (1) prominent United States citizens; and
            (2) individuals who are nationally recognized for a
        significant depth of experience in professions such as--
                    (A) governmental service;
                    (B) engineering;
                    (C) public works;
                    (D) wetlands restoration;
                    (E) public administration;
                    (F) disaster planning and recovery; and
                    (G) environmental planning.
    (e) Meetings; Quorum; Vacancies.--
            (1) Initial meeting.--
                    (A) In general.--If, on the date that is 60 days
                after the date of enactment of this Act, not more than
                6 members of the Investigation Team have been appointed
                under subsection (a), the members shall meet and, if
                necessary, select temporary cochairpersons, who may
                begin the operations of the Investigation Team,
                including the hiring of staff.
                    (B) Review of actions.--Each action carried out by
                the Investigation Team under subparagraph (A) shall be
                reviewed by the Investigation Team as soon as
                practicable after the date on which the Investigation
                Team is comprised of not less than 7 members.
            (2) Subsequent meetings.--After the initial meeting, the
        Investigation Team shall meet at the call of each cochairperson
        or a majority of the members of the Investigation Team.
            (3) Quorum.--7 members of the Investigation Team shall
        constitute a quorum.
            (4) Vacancies.--A vacancy on the Investigation Team--
                    (A) shall not affect the powers of the
                Investigation Team; and
                    (B) shall be filled in the same manner as the
                original appointment was made.

SEC. 5. DUTIES OF INVESTIGATION TEAM.

    The Investigation Team shall--
            (1) review findings and recommendations contained in all
        public and private studies conducted in the aftermath of the
        levee failures in the State of Louisiana on or after August 29,
        2005, including--
                    (A) the study entitled ``The Federal Response to
                Hurricane Katrina'' and dated February 2006;
                    (B) the study entitled ``Performance Review of
                FEMA's Disaster Management Activities in Response to
                Hurricane Katrina'', numbered OIG-06-32, and dated
                March 2006;
                    (C) the study entitled ``A Failure of Initiative:
                Final Report of the Select Bipartisan Committee to
                Investigate the Preparation for and Response to
                Hurricane Katrina'' (Report No. 109-377) and dated
                February 15, 2006;
                    (D) the study entitled ``Hurricane Katrina: A
                Nation Still Unprepared'' (S. Rept. 109-322);
                    (E) the study entitled ``Interagency Performance
                Evaluation Task Force Report'' and dated June 1, 2006;
                    (F) the study entitled ``Prioritizing America's
                Water Resources'', published by the National
                Associations of Public Administrators, and dated
                February 2007;
                    (G) the study entitled ``The failure of the New
                Orleans Levee System during Hurricane Katrina'',
                published by Team Louisiana, and dated February 2007;
                and
                    (H) the study entitled ``Investigation of the
                Performance of the New Orleans Flood Protection Systems
                In Hurricane Katrina on August 29, 2005'', published by
                the Independent Levee Investigation Team, and dated
                July 31, 2006;
            (2) examine and review the ongoing exposure of the United
        States to the flood control system failures described in
        paragraph (1) and other potential future flood control system
        failures; and
            (3) submit to the President and Congress a report that
        contains recommendations for any necessary legislative or
        regulatory change that will--
                    (A) improve the functioning of the Corps of
                Engineers to prevent a catastrophic flood control
                system failure;
                    (B) ensure proper planning and review of the
                policies and procedures of Federal and State agencies
                to prevent such a failure in the future;
                    (C) provide for environmental management and
                recovery during and after a disaster;
                    (D) provide for the identification of each party at
                the Federal, State, and local levels that was
                responsible for each decision that helped cause the
                events of August 29, 2005; and
                    (E) outline each proposal that is necessary to
                revise the management, planning, funding, and oversight
                of levee, coastal restoration, and flood control
                projects that are located in the disaster affected
                areas.

SEC. 6. POWERS OF INVESTIGATION TEAM.

    (a) In General.--
            (1) Hearings and evidence.--In carrying out the duties of
        the Investigation Team under this Act, the Investigation Team,
        and any subcommittee or member acting under the authority of
        the Investigation Team, may--
                    (A) hold such hearings and sit and act at such
                times and places, take such testimony, receive such
                evidence, and administer such oaths as the
                Investigation Team, subcommittee, or member, as
                applicable, determines to be appropriate; and
                    (B) require, by subpoena or otherwise, the
                attendance and testimony of such witnesses and the
                production of such books, records, correspondence,
                memoranda, papers, and documents, as the Investigation
                Team, subcommittee, or member, as applicable,
                determines to be appropriate.
            (2) Subpoenas.--
                    (A) In general.--A subpoena issued under paragraph
                (1)(B)--
                            (i) may be issued under the signature of
                        each cochairperson of the Investigation Team;
                        and
                            (ii) may be served by--
                                    (I) the chairperson of any
                                subcommittee created by a majority of
                                the members of the Investigation Team;
                                    (II) any member of the
                                Investigation Team designated by a
                                majority of the members of the
                                Investigation Team; and
                                    (III) any person designated by each
                                cochairperson of the Investigation
                                Team.
                    (B) Applicability of revised statutes.--Sections
                102 through 104 of the Revised Statutes (2 U.S.C. 192
                et seq.) shall apply in the case of a failure of any
                witness to comply with a subpoena or to testify when
                summoned under authority of this section.
    (b) Contracting.--The Investigation Team may, to such extent and in
such amounts as are provided in appropriation Acts, enter into
contracts to enable the Investigation Team to carry out the duties of
the Investigation Team under this Act.
    (c) Information From Federal Agencies.--
            (1) In general.--The Investigation Team may secure directly
        from a Federal agency information the Investigation Team
        considers necessary to carry out this Act.
            (2) Provision of information.--On request of each
        cochairperson of the Investigation Team, the head of the agency
        shall provide the information to the Investigation Team.
    (d) Assistance From Federal Agencies.--
            (1) General services administration.--The Administrator of
        General Services shall provide to the Investigation Team, on a
        reimbursable basis, administrative support and other services
        to assist the Investigation Team in carrying out the duties of
        the Investigation Team under this Act.
            (2) Other departments and agencies.--In addition to the
        assistance prescribed under paragraph (1), any other Federal
        department or agency may provide to the Investigation Team such
        services, funds, facilities, staff, and other support services
        as the head of the department or agency determines to be
        appropriate and in accordance with applicable law.
    (e) Postal Services.--The Investigation Team may use the United
States mails in the same manner and under the same conditions as other
agencies of the Federal Government.
    (f) Gifts.--The Investigation Team may accept, use, and dispose of
gifts or donations of services or property.

SEC. 7. STAFF OF THE INVESTIGATION TEAM.

    (a) Staff.--
            (1) In general.--The cochairpersons of the Investigation
        Team may, without regard to the civil service laws (including
        regulations), appoint and terminate an executive director and
        other personnel as is necessary to enable the Investigation
        Team to perform the duties of the Investigation Team.
            (2) Confirmation of executive director.--The employment of
        an executive director shall be subject to confirmation by the
        Investigation Team.
            (3) Compensation.--
                    (A) In general.--Except as provided in subparagraph
                (B), the cochairpersons of the Investigation Team may
                fix the compensation of the executive director and
                other personnel without regard to the provisions of
                chapter 51 and subchapter III of chapter 53 of title 5,
                United States Code, relating to classification of
                positions and General Schedule pay rates.
                    (B) Maximum rate of pay.--The rate of pay for the
                executive director and other personnel shall not exceed
                the rate payable for level V of the Executive Schedule
                under section 5316 of title 5, United States Code.
    (b) Personnel as Federal Employees.--
            (1) In general.--The executive director and any personnel
        of the Investigation Team who are employees shall be employees
        under section 2105 of title 5, United States Code, for purposes
        of chapters 63, 81, 83, 84, 85, 87, 89, and 90 of that title.
            (2) Members of investigation team.--Paragraph (1) shall not
        apply to any member of the Investigation Team.
    (c) Detail of Federal Government Employees.--
            (1) In general.--An employee of the Federal Government may
        be detailed to the Investigation Team without reimbursement.
            (2) Civil service status.--The detail of the employee shall
        be without interruption or loss of civil service status or
        privilege.
    (d) Consultant Services.--The Investigation Team may procure the
services of any expert or consultant, in accordance with section 3109
of title 5, United States Code, at a rate not to exceed the daily rate
of pay of an individual occupying a position at level IV of the
Executive Schedule under section 5315 of title 5, United States Code.

SEC. 8. REPORT.

    Not later than 180 days after the date on which all members of the
Investigation Team are appointed under section 4(a), the Investigation
Team shall submit to the President and Congress a final report that
contains--
            (1) a detailed statement of the findings of the
        Investigation Team; and
            (2) any recommendations of the Investigation Team for
        legislative or administrative action that the Investigation
        Team considers appropriate.

SEC. 9. TERMINATION.

    The Investigation Team shall terminate on the date that is 60 days
after the date on which the Investigation Team submits the final report
under section 8.

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated $5,000,000 to carry out this
Act.

Summary: Investigation Team Act - Establishes a bipartisan 829 Investigation Team to examine: (1) the events beginning on August 29, 2005, with respect to the failure of the flood protection system in response to Hurricanes Katrina and Rita. And (2) each flood control and restoration project that has been carried out since that date in the Gulf Coast. Prohibits any elected federal official from serving as a Team member. Expresses the sense of Congress regarding member qualifications. Urges the Team to: (1) review findings and recommendations of all studies conducted in the aftermath of the levee failures in Louisiana on or after August 29, 2005. (2) review the ongoing US exposure to flood control system failures, and (3) report on necessary legislative or regulatory changes.

To establish the 8/29 Investigation Team to examine the events beginning on August 29, 2005, with respect to the failure of the flood protection system in response to Hurricanes Katrina and Rita, and for other purposes.