SECTION 1. SHORT TITLE. This Act may be cited as the ``Andrew Carnegie Public Libraries Act''. SEC. 2. PUBLIC LIBRARY CONSTRUCTION AND MODERNIZATION. (a) In General.--The Library Services and Technology Act (20 U.S.C. 9121 et seq.) is amended-- (1) by redesignating chapter 3 as chapter 4; and (2) by inserting after chapter 2 the following: ``CHAPTER 3--PUBLIC LIBRARY CONSTRUCTION AND MODERNIZATION ``SEC. 241. GRANTS FOR PUBLIC LIBRARY CONSTRUCTION AND MODERNIZATION. ``(a) In General.--From amounts appropriated under section 244, the Director may make grants for the construction or modernization of public libraries to persons or entities submitting applications under section 243. ``(b) Applicability.--The provisions of this subtitle (other than this chapter) shall not apply to this chapter. ``(c) Definitions.--In this chapter: ``(1) Construction.-- ``(A) In general.--The term `construction' means-- ``(i) construction of new buildings; ``(ii) the acquisition, expansion, remodeling, and alteration of existing buildings; ``(iii) the purchase, lease, and installation of equipment for any new or existing buildings; or ``(iv) any combination of the activities described in clauses (i) through (iii), including architect' fees and the cost of acquisition of land. ``(B) Special rule.--Such term includes remodeling to meet standards under the Act entitled `An Act to insure that certain buildings financed with Federal funds are so designed and constructed as to be accessible to the physically handicapped', approved August 12, 1968 (42 U.S.C. 4151 et seq.), commonly known as the `Architectural Barriers Act of 1968', remodeling designed to ensure safe working environments and to conserve energy, renovation or remodeling to accommodate new technologies, and the purchase of historic buildings for conversion to public libraries. ``(2) Equipment.--The term `equipment' means-- ``(A) information and building technologies, video and telecommunications equipment, machinery, utilities, built-in equipment, and any necessary enclosures or structures to house the technologies, equipment, machinery or utilities; and ``(B) all other items necessary for the functioning of a particular facility as a facility for the provision of library services. ``(3) Modernization.-- ``(A) In general.--The term `modernization' means the purchase, rental, or lease of technological items, devices, or products (including upgrades)-- ``(i) to improve access to library services or materials in a public library; or ``(ii) to maintain or improve the functional capabilities of individuals with disabilities in a public library. ``(B) Limitation.--Such term does not include-- ``(i) the purchase of books, periodicals, audio or video recordings, or other similar library materials used by patrons; or ``(ii) costs for telecommunications or computer wiring undertaken in order to permit or improve the use of technological items, devices, or products. ``(4) Public library.--The term `public library' means a library that serves free of charge all residents of a community, district, or region, and receives its financial support in whole or in part from public funds. Such term also includes a research library, which, for the purposes of this sentence, means a library, which-- ``(A) makes its services available to the public free of charge; ``(B) has extensive collections of books, manuscripts, and other materials suitable for scholarly research which are not available to the public through public libraries; ``(C) engages in the dissemination of humanistic knowledge through services to readers, fellowships, educational and cultural programs, publication of significant research, and other activities; and ``(D) is not an integral part of an institution of higher education. ``SEC. 242. USES OF FEDERAL FUNDS. ``(a) In General.--A recipient of a grant under this chapter shall use funds appropriated under section 244 to pay the Federal share of the cost of construction or modernization of public libraries. ``(b) Maximum Amount.--The maximum amount of a grant under this chapter is $5,000,000. ``(c) Federal Share.-- ``(1) In general.--For the purposes of subsection (a), the Federal share of the cost of construction or modernization of any project assisted under this chapter shall not exceed one- half of the total cost of the project. ``(2) Non-federal share.--The non-Federal share of the cost of construction or modernization of any project assisted under this chapter may be provided from State, local or private sources, including for-profit and nonprofit organizations. ``(d) Special Rule.--If, within 20 years after completion of construction of any public library facility that has been constructed in part with grant funds made available under this chapter-- ``(1) the recipient of the grant funds (or its successor in title or possession) ceases or fails to be a public or nonprofit institution, or ``(2) the facility ceases to be used as a library facility, unless the Director determines that there is good cause for releasing the institution from its obligation, the United States shall be entitled to recover from such recipient (or successor) an amount which bears the same ratio to the value of the facility at that time (or part thereof constituting an approved project or projects) as the amount of the Federal grant bore to the cost of such facility (or part thereof). The value shall be determined by the parties or by action brought in the United States district court for the district in which the facility is located. ``SEC. 243. APPLICATION. ``Any person or entity desiring to receive a grant under this chapter for any fiscal year shall submit to the Director an application at such time, in such manner, and containing such information as the Director may require, including a description of the public library construction or modernization activities be assisted under this chapter. ``SEC. 244. LABOR STANDARDS. ``All laborers and mechanics employed by contractors or subcontractors in any construction, alteration, or repair, including painting and decorating, of projects, buildings, and works which are assisted under this chapter, shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with the Act of March 3, 1931 (40 U.S.C. 276--276a-5), popularly known as the Davis-Bacon Act. The Secretary of Labor shall have, with respect to such labor standards, the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (15 F.R. 3176; 64 Stat. 1267) and section 2 of the Act of June 1, 1934, as amended (48 Stat. 948, as amended; 40 U.S.C. 276(c)). ``SEC. 245. AUTHORIZATION OF APPROPRIATIONS. ``(a) In General.--There are authorized to be appropriated to carry out this chapter $200,000,000 for fiscal year 2006 and each of the 4 succeeding fiscal years, to remain available until expended. ``(b) Administration.--Not more than 3 percent of the funds appropriated under subsection (a) for a fiscal year may be used to pay for the Federal administrative costs of carrying out this chapter.''. (b) Conforming Amendment.--Section 210A of the Museum and Library Services Act (20 U.S.C. 9109) is amended by striking ``No funds'' and inserting ``Except as provided in chapter 3 of the Library Services and Technology Act, no funds''.

Summary: Andrew Carnegie Public Libraries Act - Amends the Library Services and Technology Act to authorize the Director of the Institute of Museum and Library Services to make grants for the construction or modernization of public libraries. Sets forth application requirements for persons or entities desiring to receive such grants. Allows the non-federal share of project costs to be provided from state, local, or private sources, including for-profit and nonprofit organizations. Provides for recovery of funds if a grant recipient or successor ceases or fails to be a public or nonprofit institution, or if the facility ceases to be used as a library.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Environmental Justice Act of 1999''. SEC. 2. PURPOSES. The purposes of this Act are-- (1) to identify those areas which are subject to the highest levels of toxic chemicals, through all media; (2) to require the collection of data on environmental health effects so that impacts on different individuals or groups can be understood; (3) to assess the health effects that may be caused by emissions in those areas of highest impact; (4) to ensure that groups or individuals residing within those areas of highest impact have the opportunity to participate in developing solutions to environmental and health problems confronting their community; (5) to promote technologies and practices that reduce or eliminate pollution; and (6) to promote the development and maintenance of parks and green open spaces in polluted communities. SEC. 3. DEFINITIONS. For the purposes of this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the United States Environmental Protection Agency. (2) Environmental high impact area.--The terms ``Environmental High Impact Area'' and ``EHIA'' mean the 20 counties or other geographic units that are designated pursuant to section 101. (3) Secretary.--The term ``Secretary'' means the Secretary of the Department of Health and Human Services. (4) Toxic chemicals.--The term ``toxic chemicals'' includes all substances as defined in section 101(14) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980; any hazardous waste listed or identified pursuant to the Solid Waste Disposal Act; any pollutant for which air quality standards have been issued pursuant to the Clean Air Act; any pollutant for which water quality standards have been issued pursuant to the Clean Water Act; any pollutant for which a national primary drinking water regulation has been issued pursuant to the Safe Drinking Water Act; all materials registered pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act; and all substances and chemicals subject to reporting obligations pursuant to the Emergency Planning and Community Right-to-Know Act. The Adminis- trator may add other substances as deemed appropriate. (5) Toxic chemical facilities.--The term ``toxic chemical facilities'' includes all facilities including Federal facilities subject to a permit, inspection or review, or registration requirement pursuant to the authority of the Solid Waste Disposal Act; the Clean Air Act; the Clean Water Act; the Federal Insecticide, Fungicide and Rodenticide Act; and the OSHA Hazard Communication Standard; as well as any facility subject to reporting obligations pursuant to the Emergency Planning and Community Right-to-Know Act. The Administrator shall have the authority to examine the level of toxic chemicals released into the environment by facilities not currently subject to Federal review, inspection, or reporting requirements if (A) a facility is believed to produce a high level of environmental pollution, and (B) the Administrator is petitioned by individuals or groups within such EHIA to conduct the review. TITLE I--IDENTIFICATION OF ENVIRONMENTAL HIGH IMPACT AREAS SEC. 101. IDENTIFICATION OF ENVIRONMENTAL HIGH IMPACT AREAS. (a) Publication of Method.--Within 12 months after the enactment of this Act, the Administrator shall publish for public comment the method for selecting the EHIAs. (b) Determination of Impacted Areas.--Within 18 months after the date of enactment of this Act, the Administrator shall publish a list of 20 Environmental High Impact Areas that are either counties or other appropriate geographic units in which high levels of chemicals are present and in which the population is exposed to such chemicals. The Administrator shall also take into consideration any geographical areas suggested for review by the Agency for Toxic Substances and Disease Registry, the National Center for Environmental Health, the National Center for Health Statistics, other appropriate Federal agencies, and State and local health authorities. (c) Revision and Republication.--The Administrator shall revise and republish the list described in subsection (a) of this section not less than every 5 years, using data compiled for that 5-year period. (d) Compilation of List.--In selecting a methodology and compiling or revising the list of EHIAs, the Administrator shall-- (1) use the most recent data available; (2) take into account the relative toxicity of the toxic chemicals; (3) determine, with the best available data, the actual and potential exposures, and toxicity of the toxic chemicals present in each impacted area; (4) consider and utilize all appropriate data compiled pursuant to any environmental regulatory authority and other sources, including but not limited to available data on lead- based paint and the existence of pollutants from mobile sources; (5) distinguish between toxic chemicals which are (A) in a contained, controlled environment such as barrels, factories, warehouses, or lined landfills; and (B) released into the air, water, soil or groundwater of the area; and (6) take into account the impact of pollution in high population density areas. TITLE II--ENFORCEMENT INITIATIVES SEC. 201. MANDATORY INSPECTION. To assure that facilities with the highest potential for release of toxic chemicals into the environment are operating in compliance with all applicable environmental, health and safety standards, the Administrator, and the Assistant Secretary of the Occupational Safety and Health Administration shall conduct compliance inspections or reviews of all toxic chemical facilities in Environmental High Impact Areas subject to their respective jurisdictions within 1 year after the publication of each list of EHIAs under title I. TITLE III--COMMUNITY PARTICIPATION SEC. 301. TECHNICAL ASSISTANCE GRANTS. The Administrator shall make a technical assistance grant available to any individual or group of individuals in an EHIA. Such grants shall be used to seek guidance from independent experts for the purpose of improving understanding of environmental and health concerns related to designation as an EHIA. Not more than one grant may be made with respect to each EHIA, but the grant may be renewed to facilitate public participation where necessary. TITLE IV--IDENTIFICATION AND PREVENTION OF HEALTH IMPACTS SEC. 401. SECRETARIAL STUDY. Within 2 years after the publication of each list of EHIAs under title I, the Secretary shall issue for public comment a report identifying the methodology used and nature and extent, if any, of acute and chronic impacts on human health in EHIAs as compared to non- EHIAs, including impacts on subgroups within EHIAs. Such impacts shall include but not be limited to cancer, birth deformities, infant mortality rates, and respiratory diseases. The report shall be coordinated by the Administrator of the Agency for Toxic Substances and Disease Registry and shall involve the community being assessed. The ATSDR shall work closely with the Directors of the National Institute for Environmental Health Sciences, the National Center for Health Statistics, and other appropriate Federal agencies to coordinate the report, relying on the expertise of leading health and environmental scientists. The health assessment shall seek to-- (1) isolate the impacts of environmental pollution; (2) segregate the effects of other factors such as health care availability or substance abuse or diet; (3) evaluate the levels below which release of toxic chemicals, either individually or cumulatively, must be reduced to avoid adverse impacts on human health; and (4) determine the impacts of uncontrolled releases. In conducting health assessments, the Administrator of the Agency for Toxic Substances and Disease Registry and other Federal agencies shall consider: the differential sensitivities to exposures for vulnerable groups; the effects of low levels of a toxin over a period of time; cumulative and synergistic effects of multiple toxins; and methodological issues for studying exposures and diseases among small numbers of people, including units of measurement and analyses sensitive to disease clusters; and demographic information relevant for a determination of environmental justice concerns. As a result of the report in communities where the Administrator of the Agency for Toxic Substances Disease Registry has determined that adverse health impacts exist, the agency shall also make this information readily available to members of the community by providing information directly to the affected communities and tribal governments in the Environmental High Impact Areas. SEC. 402. MORATORIUM. If the report under section 401 finds significant adverse impacts of environmental pollution on human health in EHIAs, there shall be a moratorium on the siting or permitting of any new toxic chemical facility in any EHIA shown to emit toxic chemicals in quantities found to cause significant adverse impacts on human health. A new toxic chemical facility may be cited or permitted in such an EHIA during this period only if the Secretary and Administrator agree that-- (1) there will be no significant adverse impacts to human health; (2) the owner or operator of the facility demonstrates that the facility has developed a plan to maintain a comprehensive pollution prevention program; and (3) the facility demonstrates that it will minimize uncontrolled releases into the environment. The moratorium shall continue in effect in such an EHIA until the Administrator determines, upon petition of any interested party, that the health-based levels identified pursuant to section 401(5) have been attained at the EHIA. TITLE V--HEALTH REMEDIES SEC. 501. HEALTH SCREENING AND TREATMENT GRANTS. Within 1 year after the Secretary's biennial health assessment is released, in EHIAs shown to have adverse health outcomes related to environmental exposures, the Secretary shall establish a grant program to make available to public and nonprofit private entities awards for the purposes of providing community-wide medical screening and diagnostic services for environmentally related illnesses. Treatment services shall be provided for community residents with environmentally related illnesses if they lack private or public health insurance, and shall continue as long as medically necessary. Following community screening, the Secretary shall initiate a review of medical services within EHIAs to determine if the area or population would qualify as ``medically underserved'' or a ``health professional shortage area''. TITLE VI--POLLUTION REDUCTION SEC. 601. POLLUTION REDUCTION AND PREVENTION GRANTS. In EHIAs where the Secretary has determined that adverse health outcomes are related to environmental exposures, the Administrator shall immediately take efforts to reduce pollution in the area. The Administrator shall first make available to States with EHIAs pollution reduction/prevention grants which will involve community representatives, public health experts, local business, and government officials located within the EHIA in developing effective pollution reduction strategies. If within 1 year, the Administrator determines that significant steps have not been made to reduce pollution and risk to human health, the Administrator may take regulatory steps to reduce pollution in the area. TITLE VII--PROMOTION OF GREEN SPACE SEC. 701. DEVELOPMENT OF PARKS OR RECREATIONAL AREAS. Within 1 year after the Secretary's biennial health assessment is released, the Secretary of the Interior shall establish a grant program to make available to local public or nonprofit private entities within EHIAs awards for the development of parks and recreational spaces, and provide guidance for promoting environmentally sound use of the land. TITLE VIII--FUNDING SEC. 801. FUNDING. There are authorized to be appropriated to carry out this Act such sums as may be necessary.

Summary: TABLE OF CONTENTS: Title I: Identification of Environmental High Impact Areas Title II: Enforcement Initiatives Title III: Community Participation Title IV: Identification and Prevention of Health Impacts Title V: Health Remedies Title VI: Pollution Reduction Title VII: Promotion of Green Space Title VIII: Funding Environmental Justice Act of 1999 - Title I: Identification of Environmental High Impact Areas - Requires the Administrator of the Environmental Protection Agency to publish a list of 20 Environmental High Impact Areas (EHIAs) that are either counties or other geographic units in which high levels of chemicals are present and in which the population is exposed to such chemicals. Provides for revision and republication of such list at least every five years. Title II: Enforcement Initiatives - Directs the Administrator and the Assistant Secretary of the Occupational Safety and Health Administration to conduct compliance inspections or reviews of all toxic chemical facilities in EHIAs within one year after the publication of each EHIA list under title I. Title III: Community Participation - Requires the Administrator to make technical assistance grants for individuals in EHIAs for purposes of seeking guidance from experts to improve understanding of environmental and health concerns related to designation as an EHIA. Title IV: Identification and Prevention of Health Impacts - Directs the Secretary of Health and Human Services to issue for public comment a report identifying the methodology used and nature and extent of acute and chronic impacts on human health in EHIAs as compared to non-EHIAs. (Sec. 402) Provides for a moratorium on the siting or permitting of any new toxic chemical facility in an EHIA shown to emit toxic chemicals in quantities causing significant adverse health impacts if the report finds significant adverse impacts of environmental pollution on human health in EHIAs. Permits such siting or permitting during a moratorium period only if the Secretary and Administrator agree that: (1) there will be no significant adverse health impacts; (2) the facility owner or operator demonstrates that the facility has a plan to maintain a comprehensive pollution prevention program; and (3) the facility demonstrates that it will minimize uncontrolled releases into the environment. Title V: Health Remedies - Requires the Secretary to establish a grant program to make available to public and nonprofit private entities awards for providing community-wide medical screening and diagnostic services for environmentally related illnesses in EHIAs shown to have adverse health outcomes related to environmental exposures. Title VI: Pollution Reduction - Directs the Administrator, in EHIAs where the Secretary has determined that adverse health outcomes are related to environmental exposures, to take efforts immediately to reduce pollution. Requires the Administrator to make available pollution reduction and prevention grants to States with EHIAs for developing pollution reduction strategies. Authorizes the Administrator to take regulatory steps to reduce pollution if significant steps have not been made to reduce pollution and risk to human health in such areas. Title VII: Promotion of Green Space - Directs the Secretary of the Interior to establish a grant program to make available to local public or nonprofit private entities within EHIAs awards for the development of parks and recreational spaces and to provide guidance for promoting environmentally sound use of land. Title VIII: Funding - Authorizes appropriations.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Psychological Kevlar Act of 2006''. SEC. 2. PURPOSE. The purpose of this Act is to reduce the number of psychological casualties among military personnel by providing members of the Armed Forces entering combat with the training, supports, and other evidence- based measures necessary to improve their psychological resilience and reduce their susceptibility to post-traumatic stress disorder and other stress-related psychopathologies. SEC. 3. PLANS FOR REDUCING POST TRAUMATIC STRESS DISORDER. (a) Plan for Prevention.-- (1) In general.--The Secretary of Defense shall develop and implement a plan to incorporate evidence-based preventive and early-intervention measures, practices, or procedures that reduce the likelihood that personnel in combat will develop post-traumatic stress disorder or other stress-related psychopathologies (including substance use conditions) into-- (A) basic and pre-deployment training for enlisted members of the Armed Forces, noncommissioned officers, and officers; (B) combat theater operations; and (C) post-deployment service. (2) Updates.--The Secretary of Defense shall update the plan under paragraph (1) periodically to incorporate, as the Secretary considers appropriate, the results of relevant research, including research conducted pursuant to section 4. (b) Research.--Subject to section 4, the Secretary of Defense shall conduct and fund, in consultation with the Department of Veterans Affairs, the National Institutes of Health, and the National Academy of Sciences, such research as is necessary to develop the plan described in subsection (a). (c) Outreach and Education.-- (1) Training program for officers.--The Secretary of Defense shall develop and implement a training program to educate and promote understanding and awareness among commissioned officers and non-commissioned officers about the signs and risks of combat stress as well as the signs and risks of stress-related psychopathology (including substance use conditions). Training should include decisions-making tools for making a referral for follow-up care. (2) Training program for medical professionals.--The Secretary of Defense shall develop and implement a training program to educate front-line medical professionals and primary care providers about the signs and risks of combat stress as well as the signs and risks of stress-related psychopathology (including substance use conditions). (3) Education of members of armed forces.--The Secretary of Defense shall educate members of the Armed Forces and their families to recognize signs of combat stress, provide members pre-deployment combat stress management training, and increase outreach and access to members and their families about programs and treatment options (such as individual and family therapy) that mitigate the negative impact of combat stress on the returning member. (4) Information dissemination.--The Secretary of Defense shall work with the Department of Veterans Affairs and the National Institutes of Health to research and implement best practices for information dissemination to enlisted personnel, officers, unit commanders, primary care providers and other medical personnel, and families of members of the Armed Forces. SEC. 4. EVIDENCE-BASED RESEARCH AND TRAINING. (a) Working Group.--The Secretary of Defense shall establish, in coordination with the Department of Veterans Affairs, the National Institutes of Health, and the National Academy of Sciences' Institute of Medicine, a working group tasked with researching and developing evidence-based measures, practices, or procedures that reduce the likelihood that personnel in combat will develop post-traumatic stress disorder or other stress-related psychological pathologies (including substance use conditions). The working group shall include personnel with experience in a combat theater, and behavioral health personnel who have experience providing treatment to individuals with experience in a combat theater. (b) Peer-Reviewed Research Program.--The Secretary of Defense shall establish a new Peer-Reviewed Research program within the Defense Health Program's research and development function to research and develop evidence-based preventive and early intervention measures, practices, or procedures that reduce the likelihood that personnel in combat will develop post-traumatic stress disorder or other stress- related psychopathologies (including substance use conditions). There is authorized to be appropriated to carry out this subsection $50,000,000 for fiscal year 2007 and such sums as may be necessary thereafter. (c) Report.--The Secretary of Defense shall submit to Congress annually a report on the following: (1) The status of research conducted under this section. (2) The status of the plan required under section 3(a) and the expected timeline for the implementation of the plan. (3) After the plan under section 3(a) has been implemented, the status of the implementation, including measures of the plan's impact on psychological casualty rates. (d) Facilitation.--The Secretary of Defense shall take such steps as practicable to facilitate the ability of investigators funded under this section to work with active-duty military personnel in the course of their research.

Summary: Psychological Kevlar Act of 2006 - Directs the Secretary of Defense to develop and implement a plan to incorporate preventive and early-intervention measures, practices, or procedures that reduce the likelihood that personnel in combat will develop post-traumatic stress disorder (PTSD) or other stress-related psychopathologies, including substance use conditions. Requires the Secretary to: (1) update the plan periodically; (2) develop and implement a training program to educate and promote awareness among commissioned and noncommissioned officers, front-line medical professionals and primary care providers, and military personnel and their families about the signs and risks of combat stress and stress-related psychopathology; (3) establish a working group to research and develop measures that reduce the likelihood of PTSD or other pathologies in combat veterans; and (4) establish a new Peer-Reviewed Research program for such research and development.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Blunt Reservoir and Pierre Canal Land Conveyance Act of 2006''. SEC. 2. BLUNT RESERVOIR AND PIERRE CANAL. (a) Definitions.--In this section: (1) Blunt reservoir feature.--The term ``Blunt Reservoir feature'' means the Blunt Reservoir feature of the Oahe Unit, James Division, authorized by the Act of August 3, 1968 (82 Stat. 624), as part of the Pick-Sloan Missouri River Basin program. (2) Commission.--The term ``Commission'' means the Commission of Schools and Public Lands of the State. (3) Nonpreferential lease parcel.--The term ``nonpreferential lease parcel'' means a parcel of land that-- (A) was purchased by the Secretary for use in connection with the Blunt Reservoir feature or the Pierre Canal feature; and (B) was considered to be a nonpreferential lease parcel by the Secretary as of January 1, 2001, and is reflected as such on the roster of leases of the Bureau of Reclamation for 2001. (4) Pierre canal feature.--The term ``Pierre Canal feature'' means the Pierre Canal feature of the Oahe Unit, James Division, authorized by the Act of August 3, 1968 (82 Stat. 624), as part of the Pick-Sloan Missouri River Basin program. (5) Preferential leaseholder.--The term ``preferential leaseholder'' means a person or descendant of a person that held a lease on a preferential lease parcel as of January 1, 2001, and is reflected as such on the roster of leases of the Bureau of Reclamation for 2001. (6) Preferential lease parcel.--The term ``preferential lease parcel'' means a parcel of land that-- (A) was purchased by the Secretary for use in connection with the Blunt Reservoir feature or the Pierre Canal feature; and (B) was considered to be a preferential lease parcel by the Secretary as of January 1, 2001, and is reflected as such on the roster of leases of the Bureau of Reclamation for 2001. (7) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the Commissioner of Reclamation. (8) State.--The term ``State'' means the State of South Dakota, including a successor in interest of the State. (9) Unleased parcel.--The term ``unleased parcel'' means a parcel of land that-- (A) was purchased by the Secretary for use in connection with the Blunt Reservoir feature or the Pierre Canal feature; and (B) is not under lease as of the date of enactment of this Act. (b) Deauthorization.--The Blunt Reservoir feature is deauthorized. (c) Acceptance of Land and Obligations.-- (1) In general.--As a term of each conveyance under subsections (d)(5) and (e), respectively, the State may agree to accept-- (A) in ``as is'' condition, the portions of the Blunt Reservoir feature and the Pierre Canal feature that pass into State ownership; (B) any liability accruing after the date of conveyance as a result of the ownership, operation, or maintenance of the features referred to in subparagraph (A), including liability associated with certain outstanding obligations associated with expired easements, or any other right granted in, on, over, or across either feature; and (C) the responsibility that the Commission will act as the agent for the Secretary in administering the purchase option extended to preferential leaseholders under subsection (d). (2) Responsibilities of the state.--An outstanding obligation described in paragraph (1)(B) shall inure to the benefit of, and be binding upon, the State. (3) Oil, gas, mineral and other outstanding rights.--A conveyance to the State under subsection (d)(5) or (e) or a sale to a preferential leaseholder under subsection (d) shall be made subject to-- (A) oil, gas, and other mineral rights reserved of record, as of the date of enactment of this Act, by or in favor of a third party; and (B) any permit, license, lease, right-of-use, or right-of- way of record in, on, over, or across a feature referred to in paragraph (1)(A) that is outstanding as to a third party as of the date of enactment of this Act. (4) Additional conditions of conveyance to state.--A conveyance to the State under subsection (d)(5) or (e) shall be subject to the reservations by the United States and the conditions specified in section 1 of the Act of May 19, 1948 (chapter 310; 62 Stat. 240), as amended (16 U.S.C. 667b), for the transfer of property to State agencies for wildlife conservation purposes. (d) Purchase Option.-- (1) In general.--A preferential leaseholder shall have an option to purchase from the Secretary or the Commission, acting as an agent for the Secretary, the preferential lease parcel that is the subject of the lease. (2) Terms.-- (A) In general.--Except as provided in subparagraph (B), a preferential leaseholder may elect to purchase a parcel on one of the following terms: (i) Cash purchase for the amount that is equal to-- (I) the value of the parcel determined under paragraph (4); minus (II) ten percent of that value. (ii) Installment purchase, with 10 percent of the value of the parcel determined under paragraph (4) to be paid on the date of purchase and the remainder to be paid over not more than 30 years at 3 percent annual interest. (B) Value under $10,000.--If the value of the parcel is under $10,000, the purchase shall be made on a cash basis in accordance with subparagraph (A)(i). (3) Option exercise period.-- (A) In general.--A preferential leaseholder shall have until the date that is 5 years after enactment of this Act to exercise the option under paragraph (1). (B) Continuation of leases.--Until the date specified in subparagraph (A), a preferential leaseholder shall be entitled to continue to lease from the Secretary the parcel leased by the preferential leaseholder under the same terms and conditions as under the lease, as in effect as of the date of enactment of this Act. (4) Valuation.-- (A) In general.--The value of a preferential lease parcel shall be its fair market value for agricultural purposes determined by an independent appraisal less 25 percent, exclusive of the value of private improvements made by the leaseholders while the land was federally owned before the date of the enactment of this Act, in conformance with the Uniform Appraisal Standards for Federal Land Acquisition. (B) Fair market value.--Any dispute over the fair market value of a property under subparagraph (A) shall be resolved in accordance with section 2201.4 of title 43, Code of Federal Regulations. (5) Conveyance to the state.-- (A) In general.--If a preferential leaseholder fails to purchase a parcel within the period specified in paragraph (3)(A), the Secretary shall offer to convey the parcel to the State of South Dakota Department of Game, Fish, and Parks. (B) Wildlife habitat mitigation.--Land conveyed under subparagraph (A) shall be used by the South Dakota Department of Game, Fish, and Parks for the purpose of mitigating the wildlife habitat that was lost as a result of the development of the Pick-Sloan project. (6) Use of proceeds.--Proceeds of sales of land under this Act shall be deposited as miscellaneous funds in the Treasury and such funds shall be made available, subject to appropriations, to the State for the establishment of a trust fund to pay the county taxes on the lands received by the State Department of Game, Fish, and Parks under the bill. (e) Conveyance of Nonpreferential Lease Parcels and Unleased Parcels.-- (1) Conveyance by secretary to state.-- (A) In general.--Not later than 1 year after the date of enactment of this Act, the Secretary shall offer to convey to the South Dakota Department of Game, Fish, and Parks the nonpreferential lease parcels and unleased parcels of the Blunt Reservoir and Pierre Canal. (B) Wildlife habitat mitigation.--Land conveyed under subparagraph (A) shall be used by the South Dakota Department of Game, Fish, and Parks for the purpose of mitigating the wildlife habitat that was lost as a result of the development of the Pick-Sloan project. (2) Land exchanges for nonpreferential lease parcels and unleased parcels.-- (A) In general.--With the concurrence of the South Dakota Department of Game, Fish, and Parks, the South Dakota Commission of Schools and Public Lands may allow a person to exchange land that the person owns elsewhere in the State for a nonpreferential lease parcel or unleased parcel at Blunt Reservoir or Pierre Canal, as the case may be. (B) Priority.--The right to exchange nonpreferential lease parcels or unleased parcels shall be granted in the following order or priority: (i) Exchanges with current lessees for nonpreferential lease parcels. (ii) Exchanges with adjoining and adjacent landowners for unleased parcels and nonpreferential lease parcels not exchanged by current lessees. (C) Easement for water conveyance structure.--As a condition of the exchange of land of the Pierre Canal feature under this paragraph, the United States reserves a perpetual easement to the land to allow for the right to design, construct, operate, maintain, repair, and replace a pipeline or other water conveyance structure over, under, across, or through the Pierre Canal feature. (f) Release From Liability.-- (1) In general.--Effective on the date of conveyance of any parcel under this Act, the United States shall not be held liable by any court for damages of any kind arising out of any act, omission, or occurrence relating to the parcel, except for damages for acts of negligence committed by the United States or by an employee, agent, or contractor of the United States, before the date of conveyance. (2) No additional liability.--Nothing in this section adds to any liability that the United States may have under chapter 171 of title 28, United States Code (commonly known as the ``Federal Tort Claims Act''). (g) Requirements Concerning Conveyance of Lease Parcels.-- (1) Interim requirements.--During the period beginning on the date of enactment of this Act and ending on the date of conveyance of the parcel, the Secretary shall continue to lease each preferential lease parcel or nonpreferential lease parcel to be conveyed under this section under the terms and conditions applicable to the parcel on the date of enactment of this Act. (2) Provision of parcel descriptions.--Not later than 180 days after the date of the enactment of this Act, the Secretary, in consultation with the Commission, shall provide the State a full legal description of all preferential lease parcels and nonpreferential lease parcels that may be conveyed under this section. (h) Curation of Archeological Collections.--The Secretary, in consultation with the State, shall transfer, without cost to the State, all archeological and cultural resource items collected from the Blunt Reservoir feature and Pierre Canal feature to the South Dakota State Historical Society. (i) Authorization of Appropriations.--There is authorized to be appropriated to carry out this Act $750,000 to reimburse the Secretary for expenses incurred in implementing this Act, and such sums as are necessary to reimburse the Commission and the State Department of Game, Fish, and Parks for expenses incurred implementing this Act, not to exceed 10 percent of the cost of each transaction conducted under this Act. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Summary: Blunt Reservoir and Pierre Canal Land Conveyance Act of 2006 - Deauthorizes the Blunt Reservoir feature of the Oahe Irrigation Project authorized as part of the Pick-Sloan Missouri River Basin Program. Allows preferential leaseholders of parcels of the Blunt Reservoir and Pierre Canal an option to purchase such parcels from the Secretary of the Interior (acting through the Commissioner of Reclamation) or the Commission of Schools and Public Lands of South Dakota for five years after this Act's enactment and for the fair market value for agricultural purposes less 25%, exclusive of the value of improvements made while the land was federally owned. Directs the Secretary to offer to convey to the South Dakota Department of Game, Fish, and Parks all preferential lease parcels not purchased by the leaseholder, and the nonpreferential leased parcels and unleased parcels of the Blunt Reservoir and Pierre Canal, to be used for mitigating the wildlife habitat that was lost as a result of the development of the Pick-Sloan project. Authorizes the Commission, with the Department's concurrence, to allow a person to exchange other land in South Dakota for a nonpreferential lease parcel or unleased parcel at Blunt Reservoir or Pierre Canal. Requires priority to be granted to: (1) exchanges with current lessees for nonpreferential lease parcels; and (2) exchanges with adjoining and adjacent landowners for unleased parcels and nonpreferential lease parcels not exchanged by current lessees. Conditions the exchange of land of the Pierre Canal Feature on U.S. reservation of a perpetual easement to the land to allow it to design, construct, operate, maintain, repair, and replace a pipeline or other water conveyance structure over, under, across, or through the Pierre Canal feature. Shields the United States from liability for damages arising out of any act, omission, or occurrence relating to parcels conveyed under this Act, except for acts of negligence committed before the date of conveyance. Directs the Secretary: (1) to continue, until the conveyance date, to lease each parcel to be conveyed according to the terms and conditions applicable on the date of enactment of this Act; and (2) to provide South Dakota with a full legal description of all parcels that may be conveyed. Directs the Secretary to transfer all archeological and cultural resource items collected from the Blunt Reservoir Feature and Pierre Canal Feature to the South Dakota State Historical Society. Authorizes appropriations to reimburse the Secretary, the Commission, and the Department for expenses incurred in implementing this Act, not to exceed 10% of the cost of each transaction.


SECTION 1. HAYING AND GRAZING. (a) Wheat.--Subparagraph (C) of section 107B(e)(4) of the Agricultural Act of 1949 (7 U.S.C. 1445b-3a(e)(4)(C)) is amended to read as follows: ``(C) Haying and grazing.-- ``(i) In general.--Haying and grazing of reduced acreage, acreage devoted to a conservation use under subsection (c)(1)(E), and acreage diverted from production under a land diversion program established under this section shall be permitted-- ``(I) except during any consecutive 5-month period that is established by the State committee established under section 8(b) of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590h(b)) for a State; or ``(II) during the 5-month period referred to in subclause (I) by the Secretary for any producer who elects to pay a fee equal to-- ``(aa) in the case of grazing, the grazing fee in effect as established by the Bureau of Land Management; and ``(bb) in the case of haying, a haying fee established by the Bureau of Land Management that is comparable to the grazing fee. ``(ii) 5-month period.--The State committee for a State shall, in consultation with wildlife agencies of the State, establish the 5-month period referred to in clause (i) during the period beginning April 1, and ending October 31, of a year. ``(iii) Alfalfa.--The Secretary may not exclude irrigated or irrigable acreage not planted to alfalfa when exercising the authority of the Secretary under this subparagraph.''. (b) Feed Grains.--Subparagraph (C) of section 105B(e)(4) of the Agricultural Act of 1949 (7 U.S.C. 1444f(e)(4)(C)) is amended to read as follows: ``(C) Haying and grazing.-- ``(i) In general.--Haying and grazing of reduced acreage, acreage devoted to a conservation use under subsection (c)(1)(E), and acreage diverted from production under a land diversion program established under this section shall be permitted-- ``(I) except during any consecutive 5-month period that is established by the State committee established under section 8(b) of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590h(b)) for a State; or ``(II) during the 5-month period referred to in subclause (I) by the Secretary for any producer who elects to pay a fee equal to-- ``(aa) in the case of grazing, the grazing fee in effect as established by the Bureau of Land Management; and ``(bb) in the case of haying, a haying fee established by the Bureau of Land Management that is comparable to the grazing fee. ``(ii) 5-month period.--The State committee for a State shall, in consultation with wildlife agencies of the State, establish the 5-month period referred to in clause (i) during the period beginning April 1, and ending October 31, of a year. ``(iii) Alfalfa.--The Secretary may not exclude irrigated or irrigable acreage not planted to alfalfa when exercising the authority of the Secretary under this subparagraph.''.

Summary: Amends the Agricultural Act of 1949 to modify the authority for haying and grazing on wheat and feed grain reduced acreage, including a provision under which producers can elect to lease such acreage back for specified fees.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Emigrant Wilderness Historical Use Preservation Act''. SEC. 2. PURPOSES. The purposes of this Act are to ensure that-- (1) an increasing population within the vicinity of the Emigrant Wilderness of Stanislaus National Forest in the State of California may continue to enjoy the traditional variety of appropriate wilderness uses and practices, including a wilderness equestrian experience of pack and saddle stock use, consistent with protecting untrammeled and unimpaired wilderness character; (2) the Federal land comprising the Emigrant Wilderness retains wilderness character consistent with the time of designation and that changes in use levels and social preferences are not allowed to displace historical and traditional uses, including recreational commercial services provided by pack stock stations, which existed at the time of designation; and (3) future generations of Americans continue to have the opportunity to enjoy the variety of traditional wilderness experiences, including a true wilderness equestrian experience, consistent with what existed when the Emigrant Wilderness was designated. SEC. 3. PRESERVATION OF HISTORICAL EQUESTRIAN ACTIVITIES AND ACCESS TO CERTAIN FEDERAL LAND. (a) Preservation of Historical Equestrian Activities and Level of Use.--The Secretary shall take such actions as may be necessary to ensure that, within the area designated as the Emigrant Wilderness, all pack and saddle stock use, including commercial pack and saddle stock services, are recognized as appropriate wilderness activities, along with their associated effect on soil, water, and vegetation. Conditions of camps, trails, and grazing areas, at the time of designation, should be considered an acceptable benchmark level for monitoring the preservation of wilderness character. No action shall be taken to limit or exclude pack and saddle stock without an appropriate environmental analysis with an express finding that it is necessary to limit or exclude pack and saddle stock, or modify stock practices, in order to preserve the wilderness character of the area to that which existed at the time of the designation of the Emigrant Wilderness. (b) Types of Activities and Impact.--The historical use and activities in the Emigrant Wilderness, including commercial outfitting and guiding, camping, pack stock grazing, and associated campsites, campfires, tent locations, and social trails, are traditional uses that are consistent with and part of an unconfined recreational experience, and the signs of use created by these historical uses are to be considered substantially unnoticeable and acceptable as long as they do not exceed the level present at the time of wilderness designation. The Secretary shall take such actions to ensure that these traditional uses do not result in impacts that are greater than those experienced at the time the Emigrant Wilderness was designated. (c) Emigrant Wilderness Plan.--Not later than 3 years after the date of the enactment of this Act, the Secretary shall complete an updated wilderness plan to incorporate management direction for the preservation of pack and saddle stock use and all legally acceptable recreational uses within the Emigrant Wilderness, including establishing the following: (1) Desired future conditions that recognize normal and expected pack and saddle stock use impacts as an accepted component of the wilderness character of the area. (2) Standards, and guidelines for pack and saddle stock that use ``leave no trace'' or gentle use principles for pack and saddle stock in the future consistent with past historical pack and saddle stock use practices and impacts. (3) Indicators, thresholds, and triggers for managing future pack and saddle stock use commensurate with other uses and that recognize the acceptability of historical use and impacts of pack and saddle stock. (4) A user capacity for pack and saddle stock use, including commercial pack and saddle stock services, commensurate with minimum levels necessary to ensure continued opportunity for a wilderness equestrian experience while preserving the overall wilderness character of the Emigrant Wilderness. Such user capacity shall recognize the number of stock necessary to support the typical extended family group size that frequent the Emigrant Wilderness, including commercial service support, and shall not limit group sizes to fewer than 15 people and 25 head of stock, inclusive of commercial service outfitters and guides. (5) A needs assessment that sets as a baseline the level of commercial services that existed at the time of designation. (d) Commercial Pack and Saddle Stock Services.-- (1) In general.--The Secretary of Agriculture shall-- (A) continue to authorize commercial pack and saddle stock services within the Emigrant Wilderness consistent with commercial use within that area that existed as of the date of the original designation of the Emigrant Wilderness on January 3, 1975; (B) specify the level of use, allotted user days, and activities by commercial outfitters and guides within that area in the Wilderness Plan; and (C) continue to issue authorizations to provide commercial services for commercial stock operations within the Emigrant Wilderness at historic levels consistent with this Act. (2) Levels of use.--Historical levels of commercial use, as established at the time of the designation of the Emigrant Wilderness, are considered within the normal range of acceptability for stock numbers and impacts and are considered the minimum extent necessary for realizing the recreational and other purposes of the area. Pack and saddle stock commercial use may be allowed to increase above current authorized use levels, and at levels consistent with increases in other traditional uses, after a finding in an appropriate environmental analysis that the wilderness character of the area is being protected. Current outfitter and guide special use permits may be reauthorized without environmental analysis to incorporate direction from the wilderness plan developed pursuant to subsection (c). (e) Limitations.--Nothing in subsections (a) through (e) shall be construed to-- (1) authorize the Secretary to issue or refuse to issue a permit for a new use of pack and saddle stock animals, including use by a commercial outfitter or guide, without complying with applicable resource management plans and planning processes required under this Act or any other provision of law; (2) limit the authority of the Secretary to impose a temporary emergency closure of a trail, route, or area to pack and saddle stock animals or issue special permits; or (3) create a preference for one recreational use over another for the Emigrant Wilderness, without consideration of the stated purpose of this area as stated in the Wilderness Act, PL88-577, and specific legislation establishing the Emigrant Wilderness. (f) Definitions.--For the purposes of this Act: (1) Emigrant wilderness.--The term ``Emigrant Wilderness'' means the Emigrant Wilderness of Stanislaus National Forest in the State of California, as originally designated by section 2(b) of Public Law 93-632 (88 Stat. 2154; 16 U.S.C. 1132 note) and expanded by section 101(a)(9) of Public Law 98-425 (98 Stat. 1620; 16 U.S.C. 1132 note). (2) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. Amend the title so as to read: ``A bill to preserve the opportunity for pack and saddle stock that are part of the history and character of traditional uses, practices and access within the Emigrant Wilderness of Stanislaus National Forest in the State of California as appropriate within the wilderness designation, and for other purposes.''.

Summary: Emigrant Wilderness Historical Use Preservation Act - (Sec. 3) Requires the Secretary of Agriculture (USDA) to ensure that all pack and saddle stock uses within the Emigrant Wilderness of Stanislaus National Forest in California are recognized as appropriate wilderness activities, including the effect on soil, water, and vegetation. Prohibits any action from being taken to limit or exclude pack and saddle stock without an environmental analysis with a finding that the actions are necessary to preserve the wilderness character of the area to that which existed at the time of the designation. States that historical uses and activities, including commercial outfitting and guiding, camping, pack stock grazing; and associated campfires, tent locations, and social trails are traditional uses. Requires signs of use created by these activities to be considered substantially unnoticeable and acceptable as long as they do not exceed the level present at the time of the designation. Requires the USDA to take actions to ensure that these levels are not exceeded. Direct the USDA to complete an updated wilderness plan to preserve pack and saddle stock use and all legally acceptable recreational uses within the area. Specifies requirements for the plan. Requires the USDA to continue to authorize commercial pack and saddle stock services and issue authorizations to provide commercial services for commercial stock operations within the area at historic levels. Requires the USDA to specify levels of use, user days, and activities by commercial outfitters and guides.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Artists' Contribution to American Heritage Act of 1999''. SEC. 2. CHARITABLE CONTRIBUTIONS OF CERTAIN ITEMS CREATED BY THE TAXPAYER. (a) In General.--Subsection (e) of section 170 of the Internal Revenue Code of 1986 (relating to certain contributions of ordinary income and capital gain property) is amended by adding at the end the following new paragraph: ``(7) Special rule for certain contributions of literary, musical, or artistic compositions.-- ``(A) In general.--In the case of a qualified artistic charitable contribution-- ``(i) the amount of such contribution shall be the fair market value of the property contributed (determined at the time of such contribution), and ``(ii) no reduction in the amount of such contribution shall be made under paragraph (1). ``(B) Qualified artistic charitable contribution.-- For purposes of this paragraph, the term `qualified artistic charitable contribution' means a charitable contribution of any literary, musical, artistic, or scholarly composition, or similar property, or the copyright thereon (or both), but only if-- ``(i) such property was created by the personal efforts of the taxpayer making such contribution no less than 18 months prior to such contribution, ``(ii) the taxpayer-- ``(I) has received a qualified appraisal of the fair market value of such property in accordance with the regulations under this section, and ``(II) attaches to the taxpayer's income tax return for the taxable year in which such contribution was made a copy of such appraisal, ``(iii) the donee is an organization described in subsection (b)(1)(A), ``(iv) the use of such property by the donee is related to the purpose or function constituting the basis for the donee's exemption under section 501 (or, in the case of a governmental unit, to any purpose or function described under subsection (c)), ``(v) the taxpayer receives from the donee a written statement representing that the donee's use of the property will be in accordance with the provisions of clause (iv), and ``(vi) the written appraisal referred to in clause (ii) includes evidence of the extent (if any) to which property created by the personal efforts of the taxpayer and of the same type as the donated property is or has been-- ``(I) owned, maintained, and displayed by organizations described in subsection (b)(1)(A), and ``(II) sold to or exchanged by persons other than the taxpayer, donee, or any related person (as defined in section 465(b)(3)(C)). ``(C) Maximum dollar limitation; no carryover of increased deduction.--The increase in the deduction under this section by reason of this paragraph for any taxable year-- ``(i) shall not exceed the artistic adjusted gross income of the taxpayer for such taxable year, and ``(ii) shall not be taken into account in determining the amount which may be carried from such taxable year under subsection (d). ``(D) Artistic adjusted gross income.--For purposes of this paragraph, the term `artistic adjusted gross income' means that portion of the adjusted gross income of the taxpayer for the taxable year attributable to-- ``(i) income from the sale or use of property created by the personal efforts of the taxpayer which is of the same type as the donated property, and ``(ii) income from teaching, lecturing, performing, or similar activity with respect to property described in clause (i). ``(E) Paragraph not to apply to certain contributions.--Subparagraph (A) shall not apply to any charitable contribution of any letter, memorandum, or similar property which was written, prepared, or produced by or for an individual while the individual is an officer or employee of any person (including any government agency or instrumentality) unless such letter, memorandum, or similar property is entirely personal. ``(F) Copyright treated as separate property for partial interest rule.--In the case of a qualified artistic charitable contribution, the tangible literary, musical, artistic, or scholarly composition, or similar property and the copyright on such work shall be treated as separate properties for purposes of this paragraph and subsection (f)(3).''. (b) Effective Date.--The amendment made by this section shall apply to contributions made after the date of the enactment of this Act in taxable years ending after such date.

Summary: Limits such increased deduction to the donor's artistic adjusted income (as defined by this Act)..


SECTION 1. SHORT TITLE. This Act may be cited as the ``Emergency Extended Unemployment Compensation Act of 2001''. SEC. 2. FEDERAL-STATE AGREEMENTS. (a) In General.--Any State which desires to do so may enter into and participate in an agreement under this Act with the Secretary of Labor (hereafter in this Act referred to as the ``Secretary''). Any state which is a party to an agreement under this Act may, upon providing 30 days written notice to the Secretary, terminate such agreement. (b) Provisions of Agreement.--Any agreement under subsection (a) shall provide that the State agency of the State will make payments of emergency extended unemployment compensation-- (1) to individuals who-- (A) have exhausted all rights to regular compensation under the State law, (B) have no rights to compensation (including both regular compensation and extended compensation) with respect to a week under such law or any other State unemployment compensation law or to compensation under any other Federal law (and are not paid or entitled to be paid any additional compensation under any State or Federal law). (C) are not receiving compensation with respect to such week under the unemployment compensation law of Canada, and (D) were separated from employment, as defined under the State law, on or after September 11, 2001, (2) for any week of unemployment which begins in the individual's period of eligibility (as defined in section 7(2) of this Act), and (3) when such State meets the definition of qualified State in section 7(3) of this Act and as provided under section 3(c) of this Act. (c) Exhaustion of Benefits.--For purposes of subsection (b)(1)(A) an individual shall be deemed to have exhausted such individual's rights to regular compensation under a State law when-- (1) no payment of regular compensation can be made under such law because such individual has received all regular compensation available to such individual based on employment or wages during such individual's base period, or (2) such individual's rights to such compensation have been terminated by reason of the expiration of the benefit year with respect to such rights existed. (d) Weekly Benefit Amount.--For purposes of any agreement under this Act-- (1) the amount of emergency extended unemployment compensation which shall be payable to any individual for any week of total unemployment shall be equal to the amount of the regular compensation (including dependents' allowances) payable to such individual during such individual's benefit year under the State law for a week of total unemployment, (2) the terms and conditions of the State law which apply to claims for extended compensation and to the payment thereof shall apply to claims for emergency extended unemployment compensation and to the payment thereof, except-- (A) that those provisions of State law implementing the requirements of paragraphs (3) through (5) of section 202(a) and subsection (c) of section 202 of the Federal-State Extended Unemployment Compensation Act of 1970 shall not apply, and (B) any provisions of State law otherwise inconsistent with the provisions of this Act, or with the regulations or operating instructions of the Secretary promulgated to carry out this Act shall not apply, and (3) the maximum amount of emergency extended unemployment compensation payable to any individual for whom an account is established under section 3 shall not exceed the amount established in such account for such individual. (e) Election.--Notwithstanding any other provision of Federal law (and if State law permits), the Governor of a State that is in an extended benefit period may provide for the payment of emergency extended unemployment compensation in lieu of extended compensation to individuals who were separated from employment on or after September 11, 2001, and who otherwise meet the requirements of subsection (b)(1). Such an election shall not require a State to trigger off an extended benefit period. SEC. 3. EMERGENCY EXTENDED UNEMPLOYMENT COMPENSATION ACCOUNT. (a) In General.--Any agreement under this Act shall provide that a qualified State will establish, for each eligible individual who files an application for emergency extended unemployment compensation, an emergency extended unemployment compensation account with respect to such individual's benefit year. (b) Amount in Account.-- (1) In general.--The amount established in an account under subsection (a) shall be equal to the lesser of-- (A) 100 percent of the total amount of regular compensation (including dependent's allowances) payable to the individual with respect to the benefit year (as determined under the State law) on the basis of which the individual most recently received regular compensation, or (B) 13 times the individual's average weekly benefit amount for the benefit year. (2) Reduction for extended benefits.--The amount in an account under subparagraph (1) shall be reduced (but not below zero) by the aggregate amount of extended compensation (if any) received by such individual relating to the same benefit year under the Federal-State Extended Unemployment Compensation Act of 1970. (c) Effective Date.--No State shall be considered a qualified State under section 7(3) and no emergency extended unemployment compensation shall be payable to any individual under this Act for any week-- (1) beginning before the latest of-- (A) the first week following the date of enactment of this Act, (B) the first week following the week in which an agreement under this Act is entered into, or (C) the first week following the week in which the State meets the definition of ``qualified state'' in section 7(3) of this Act, and (2) beginning 78 weeks after the first week following the date of enactment of this Act. SEC. 4. PAYMENTS TO STATES HAVING AGREEMENTS FOR THE PAYMENT OF EMERGENCY EXTENDED UNEMPLOYMENT COMPENSATION. (a) General Rule.--There shall be paid to each State which has entered into an agreement under this Act an amount equal to 100 percent of the emergency extended unemployment compensation paid to individuals by the State pursuant to such agreement. (b) Treatment of Reimbursable Compensation.--No payment shall be made to any State under this section in respect of any compensation to the extent the State is entitled to reimbursement in respect of such compensation under the provisions of any Federal law other than this Act or chapter 85 of title 5, United States Code. A State shall not be entitled to any reimbursement under such chapter 85 in respect of any compensation to the extent the State is entitled to reimbursement under this Act in respect of such compensation. (c) Determination of Amount.--Sums payable to any State by reason of such State having an agreement under this Act shall be payable, either in advance or by way of reimbursement (as may be determined by the Secretary), in such amounts as the Secretary estimates the State will be entitled to receive under this Act for each calendar month, reduced or increased, as the case may be, by any amount by which the Secretary finds that the Secretary's estimates for any prior calendar months were greater or less than the amounts which should have been paid to the State. Such estimates may be made on the basis of such statistical, sampling, or other method as may be agreed upon by the Secretary and the State agency of the State involved. SEC. 5. FINANCING PROVISIONS. (a) In General.--Funds in the extended unemployment compensation accounts (as established by section 905 of the Social Security Act) of the Unemployment Trust Fund shall be used for the making of payments to States having agreements entered into under this Act. (b) Certification.--The Secretary shall from time to time certify to the Secretary of the Treasury for payment to each State the sums payable to such State under this Act. The Secretary of the Treasury prior to audit or settlement by the General Accounting Office, shall make payments to the State in accordance with such certification, by transfers from the extended unemployment compensation account (as established by section 905 of the Social Security Act) to the account of such State in the Unemployment Trust Fund. (c) Assistance to the States.--There are hereby authorized to be appropriated out of the employment security administration account (as established by section 901 of the Social Security Act), without fiscal year limitation, such funds as may be necessary for purposes of assisting States (as provided in title III of the Social Security Act) in meeting the costs of administration of agreements under this Act. (d) Authorization of Appropriations for Certain Payments.--There are hereby authorized to be appropriated from the general fund of the Treasury, without fiscal year limitation, to the extended unemployment compensation account (as established by section 905 of the Social Security Act) such sums as may be necessary for to make payments under this section in respect of-- (1) compensation payable under chapter 85 of title 5, United States Code, and (2) compensation payable on the basis of services to which section 3309(a)(1) of the Internal Revenue Code of 1986 applies. Amounts appropriated pursuant to the preceding sentences shall not be required to be repaid. SEC. 6. FRAUD AND OVERPAYMENTS. (a) In General.--If an individual knowingly has made, or caused to be made by another, a false statement or representation of a material fact, or knowingly has failed, or caused another to fail, to disclose a material fact, and as a result of such false statement or representation or of such nondisclosure such individual has received an amount of emergency extended unemployment compensation under this Act to which he was not entitled, such individual shall be ineligible for further emergency extended unemployment compensation under this Act in accordance with the provisions of the applicable State unemployment compensation law relating to fraud in connection with a claim for unemployment compensation. (b) Repayment.--In the case of individuals who have received amounts of emergency extended employment compensation under this Act to which they were not entitled, the State shall require such individuals to repay the amounts of such emergency extended unemployment compensation to the State agency, except that the State agency may waive such repayment if it determines that-- (1) the payment of such emergency extended unemployment benefits was without fault on the part of any such individual, and (2) such repayment would be contrary to equity and good conscience. (c) Recovery by State Agency.-- (1) In general.--The State agency may recover the amount to be repaid, or any part thereof, by deductions from any emergency extended unemployment compensation payable to such individual under this Act or from any unemployment compensation payable to such individual under any Federal unemployment compensation law administered by the State agency or under any other Federal law administered by the State agency which provides for the payment of any assistance or allowance with respect to any week of unemployment during the three year period after the date such individuals received the payment of emergency extended unemployment benefits to which they were not entitled. (2) Opportunity for Hearing.--No repayment shall be required, and no deduction shall be made, until a determination has been made, notice thereof and an opportunity for a fair hearing has been given to the individual, and the determination has become final. (d) Review.--Any determination by a State agency under this section shall be subject to review in the same manner and to the same extent as determination under the State unemployment compensation law, and only in that manner and to that extent. SEC. 7. DEFINITIONS. (a) In General.--The terms ``compensation'', ``regular compensation'', ``extended compensation'', ``additional compensation'', ``benefit year'', ``base period'', ``State'', ``State agency'', ``State law'', and ``week'' have the respective meanings given such terms under section 205 of the Federal-State Extended Unemployment Compensation Act of 1970. (b) Period of Eligibility.--An individual's period of eligibility consists of any week for which the State against which the individual files a claim is a qualified state as provided in section 3(c) of this Act and paragraph (c) of this section. (c) Qualified State.-- (1) The term ``qualified state'' means a State-- (A) within which, not later than October 1, 2001, a major disaster or an emergency was declared by the President, pursuant to sections 401 or 501, respectively, of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170 and 5191), due to a terrorist attack on the United States on September 11, 2001, or (B) in which the Secretary determines that the average rate of total unemployment (seasonally adjusted) for the period consisting of the most recent 3 months for which data for all States are published is at least 30 percent higher than the average rate of total unemployment (seasonally adjusted) in such State for the three month period ending August 31, 2001. (2)(A) Except as provided in clause (B), a State shall cease to be a qualified State under subparagraph (1)(B) beginning the third week after the week in which the Secretary determines that such State's average rate of total unemployment (seasonally adjusted) is no longer at least 30 percent higher than the average rate of total unemployment (seasonally adjusted) in such State for the three month period ending August 31, 2001. (B) A State that is determined to meet the requirements of subparagraph (1)(B) shall remain a qualified State for the purposes of this Act for a period of not less than thirteen consecutive weeks following such determination, provided that no emergency extended unemployment benefits shall be payable after the date specified in section 3(c)(2). (3) Any rate determined by the Secretary under this paragraph shall be rounded to the nearest one-tenth of 1 percent. SEC. 8. NATIONAL EMERGENCY GRANT ASSISTANCE FOR WORKERS. (a) Eligibility for Grants.--Section 173(a) of the Workforce Investment Act of 1998 (29 U.S.C. 2918(a)) is amended-- (1) in paragraph (2), by striking ``and'', (2) in paragraph (3) by striking the period and inserting ``; and'', and (3) by adding the following new paragraph after paragraph (3): ``(4) from funds appropriated under section 174(c), to a State to provide employment and training assistance and the assistance described in subsection (f) to dislocated workers affected by a plant closure, mass layoff, or multiple layoffs if the Governor certifies in the application for assistance that the attacks of September 11, 2001, contributed importantly to such plant closures, mass layoffs, and multiple layoffs.''. (b) Use of Funds for COBRA Continuation Coverage Payments.--Section 173 of the Workforce Investment Act of 1998 (29 U.S.C. 2918) is amended by adding the following subsection after subsection (e): ``(f) COBRA Continuation Coverage Payment Requirements.-- ``(1) In general.--Funds made available to a State under paragraph (4) of subsection (a) may be used by the State to assist a participant in the program under such paragraph by paying up to 75 percent of the participant's and any dependents' contribution for COBRA continuation coverage of the participant and dependents for a period not to exceed 10 months. ``(2) Definition.--For purposes of paragraph (1), the term `COBRA continuation coverage' means coverage under a group health plan provided by an employer pursuant to title XXII of the Public Health Service Act, section 4980B of the Internal Revenue Code of 1986, part 6 of subtitle B of title I of the Employee Retirement Income Security Act of 1974, or section 8905a of title 5, United States Code.''. (c) Authorization of Appropriations.--Section 174 of the Workforce Investment Act of 1998 (29 U.S.C. 2919) is amended by adding the following subsection after subsection (b): ``(c) National Emergency Grants Relating to September 11 Attacks.-- There are authorized to be appropriated to carry out subsection (a)(4) of section 173 $3,000,000,000 for fiscal year 2002. Funds appropriated under this subsection shall be available for obligation for a period beginning with the date of enactment of such appropriations and ending 18 months thereafter.''. (d) Effective Date.--The amendments made by this section shall take effect on the date of enactment of this section.

Summary: Emergency Extended Unemployment Compensation Act of 2001 - Provides for a program of emergency extended unemployment compensation (EEUC).Sets forth EEUC program requirements for Federal-State agreements, formulae for determining amounts in individual EEUC accounts and weekly benefits, payments to States, and financing. Includes among eligibility requirements an individual's not having rights, with respect to a week, to other compensation (including both regular and extended compensation). Reduces an individual EEUC account by the aggregate amount of any extended compensation for the same benefit year.Makes EEUC agreements applicable to weeks of unemployment: (1) beginning on or after the first day of the first week after the date on which such agreement is entered into; and (2) ending before the date that is 18 months after enactment of this Act.Amends the Workforce Investment Act of 1998 to authorize appropriations to expand the National Emergency Grant program, for an 18-month period, to include grants to States to provide certain employment and training assistance and temporary health care coverage premium assistance for workers affected by major economic dislocations, such as plant closures, mass layoffs, or multiple layoffs, caused by the terrorist attacks of September 11, 2001.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Superfund Research, Development, and Demonstration Act of 1999''. SEC. 2. FINDINGS. The Congress finds the following: (1) The Superfund Innovative Treatment and Evaluation (SITE) program carried out under the authority of section 311(b) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 has helped private sector developers to market innovative Superfund clean-up treatment technologies for more than 10 years. (2) Technologies demonstrated and evaluated through the SITE program have been successfully deployed at many Superfund and Resource Conservation and Recovery Act sites, resulting in significant cost savings and faster remediation of those sites. (3) The Environmental Protection Agency's Science Advisory Board has found that SITE program accomplishments have been ``impressive'' and that ``the need for improved technology to prevent, reduce, or remediate environmental contamination remains a national priority''. (4) The University Hazardous Substance Research Centers authorized under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 have played an important role in conducting basic research, developing innovative clean-up technologies, and providing invaluable technical assistance to communities. (5) The SITE program and related hazardous substance research program should be reauthorized with an emphasis on meeting the emerging technical and scientific challenges presented by the use of remediated sites (including brownfields), developing technologies to address remediation at remaining sites with complex contamination characteristics, and transferring technology and technical capabilities to a wider variety of remediation needs. SEC. 3. AMENDMENTS. (a) Section 111(n) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9611(n)) is amended-- (1) in paragraph (1) by striking ``1987, 1988, 1989, 1990, 1991, 1992, 1993, and 1994'' and inserting ``2000, 2001, 2002, 2003, and 2004''; (2) by amending paragraph (2) to read as follows: ``(2) Section 311(a).--For each of the fiscal years 2000, 2001, 2002, 2003, and 2004, not more than $35,000,000 of the amounts available in the Fund may be used for the purposes of section 311(a). Not more than 10 percent of such amounts may be used for training under section 311(a) in any fiscal year.''; and (3) in paragraph (3) by striking ``1987, 1988, 1989, 1990, 1991, 1992, 1993, and 1994'' and inserting ``2000, 2001, 2002, 2003, and 2004''. (b) Section 311(a) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9660(a)) is amended by striking paragraph (6). (c) Section 311(b) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9660(b) is amended-- (1) in paragraph (4) by striking ``Each such project'' and inserting ``The Administrator may enter into agreements with persons, public entities (including the Department of Defense, the Department of Energy, and other Federal agencies), and nonprofit private entities, to arrange for the use of other sites appropriate for carrying out hazardous substances research, testing, evaluation, development, and demonstration projects. Each project under this paragraph''; (2) in paragraph (5)(B) by inserting ``or other appropriate sites'' after ``section 104''; (3) in paragraph (5)(E) by striking ``10 sites at which a response may be undertaken under section 104'' and insert in lieu thereof ``suitable sites''; (4) by striking paragraph (6); and (5) in paragraph (8)-- (A) by inserting after the first sentence the following: ``As part of such technology transfer program, the Administrator shall strive to enter into agreements with the Department of Defense, the Department of Energy, and other Federal agencies to ensure the effective transfer to those agencies and their contractors of technologies potentially applicable to remediation or containment of hazardous substances at sites owned or operated by such agencies.''; and (B) by striking ``for such information'' and inserting ``for information collected under this paragraph''. (d) Section 311(d) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9660(d)) is amended-- (1) by striking the last sentence of paragraph (1); (2) by amending paragraph (2) to read as follows: ``(2) Responsibilities of centers.--The responsibilities of each hazardous substance research center established under this subsection shall include, but not be limited to, the conduct of research and training, and the provision of technical assistance and technology transfer to local, State, and regional entities, relating to the manufacture, use, transportation, disposal, treatment, effects, detection, characterization, and management of hazardous substances, and publication and dissemination of information related thereto.''; (3) in paragraph (7) by inserting ``or the acquisition, expansion, remodeling, or alteration of an existing building (including site grading and improvement and architect fees)'' after ``any building''; and (4) by adding at the end the following new paragraph: ``(11) Funding levels.--Subject to the availability of appropriations, the Administrator shall maintain funding for each hazardous substance research center established under this subsection at a level not less than that funded in fiscal year 1999 until such time as the Administrator completes the next competitive selection process for the centers.''.

Summary: Authorizes the Administrator of the Environmental Protection Agency to enter into agreements to arrange for the use of other sites appropriate for carrying out hazardous substances research, testing, evaluation, development, and demonstration projects.


SECTION 1. DEFINITION. In this Act, the term ``agency'' means-- (1) an Executive agency (as defined in section 105 of title 5, United States Code); (2) an office, agency, or other establishment in the legislative branch which is not a part of another office, agency, or other establishment in the legislative branch; and (3) an office, agency, or other establishment in the judicial branch which is not a part of another office, agency, or other establishment in the judicial branch. SEC. 2. 2013 SEQUESTER CANCELLATION. Notwithstanding any other provision of law, the sequestration of budgetary resources for fiscal year 2013 ordered on March 1, 2013, pursuant to section 251A of the Balanced Budget and Emergency Deficit Control Act of 1985 is cancelled. SEC. 3. FLEXIBLE SEQUESTER IMPLEMENTED BY AGENCY HEADS. (a) In General.--Notwithstanding any other provision of law, the budget sequester for an account in the security and non-security categories required by section 251A of the Balanced Budget and Emergency Deficit Control Act of 1985 for fiscal year 2013 shall be implemented within each account as determined by the head of the agency with spending authority over such account. (b) Appropriations Oversight.-- (1) In general.--The head of an agency may not exercise the authority provided in subsection (a) unless the head has submitted a notice of implementation describing the proposed exercise of authority to the Committees on Appropriations of both Houses not later than 15 days before exercising such authority and each such committee approves the implementation as provided in paragraph (2). (2) Appropriations approval.--After the committees receive an executive branch proposal for administering the sequester under paragraph (1) and not later than 5 days after such receipt, each committee, using standard procedures for reprogramming, shall accept or reject the proposal. If a proposal is accepted by both committees, the proposal may be implemented. If either committee rejects a proposal and notwithstanding section 2, sequestration within the relevant agency will be administered through across the board cuts consistent with section 251A of the Balanced Budget and Emergency Deficit Control Act of 1985. SEC. 4. DEPARTMENT OF DEFENSE FLEXIBILITY IN MANAGEMENT OF MULTIYEAR CONTRACTS. (a) In General.--In implementing under section 251(a)(1) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(a)(1)) the discretionary spending reductions required by section 251A(7) of the Balanced Budget and Emergency Deficit Control Act of 1985, the Secretary of Defense may, in consultation with the Director of the Office of Management and Budget, take appropriate actions in the management of current multiyear contracts of the Department of Defense to minimize the effects of such reductions in the carrying out of such contracts. (b) Authority for Commencement of Certain Programs, Projects, and Activities of the Department of Defense.--Notwithstanding section 102 of the Continuing Appropriations Resolution, 2013 (Public Law 112-175), appropriations or funds made available or authority granted pursuant to section 101 of that Resolution for the Department of Defense may be used for the programs, projects, and activities specified in H.R. 5856, Department of Defense Appropriations Act, 2013, as reported with an amendment in the Senate on August 2, 2012 in the 112th Congress or the funding tables in division D of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112-239), including the following: (1) The new production of items not funded for production in fiscal year 2012 or prior fiscal years. (2) The increase in production rates above those sustained with fiscal year 2012 funds. (3) The initiation, resumption, or continuation of any project, activity, operation, or organization for which appropriations, funds, or other authority were not available during fiscal year 2012. (c) Clarification of Availability of Multiyear Procurement Authority for the Department of Defense.--Notwithstanding section 102 of the Continuing Appropriations Resolution, 2013 (Public Law 112-175), subsection (l)(3) of section 2306b of title 10, United States Code, or any other provision of law, the Secretary of Defense and the Secretaries of the military departments may enter into contracts for multiyear procurements that are authorized by the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112-239). (d) Availability of Certain Shipbuilding and Conversion Funds.--Of the amounts provided by section 101 of the Continuing Appropriations Resolution, 2013 (Public Law 112-175) for ``Shipbuilding and Conversion, Navy'', $372,573,000 shall be available to fund prior year shipbuilding cost increases. The funds so available shall be transferred to, and merged with, the following appropriations accounts in the amounts specified: (1) ``Shipbuilding and Conversion, Navy, 2009/2013'' for the CVN Refueling Overhauls Program, $135,000,000. (2) ``Shipbuilding and Conversion, Navy, 2007/2013'' for the LHA Replacement Program, $156,685,000. (3) ``Shipbuilding and Conversion, Navy, 2008/2013'' for the LPD-17 Amphibious Transport Dock Program, $80,888,000.

Summary: Cancels the sequestration of budgetary resources for FY2013 ordered on March 1, 2013, pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985 (Balanced Budget Act). Requires the budget sequester for an account in the security and non-security categories under the Balanced Budget Act for FY2013 to be implemented within each account as determined by the head of the agency with spending authority over such account. Requires: (1) the agency head to notify the Appropriations Committees of a proposed exercise of authority for implementing a sequester, and (2) the Appropriations Committees to approve any agency proposal. Authorizes the Secretary of Defense (DOD) to: (1) take appropriate actions in the management of current DOD multiyear contracts to minimize the effects of a sequester in carrying out such contracts; and (2) begin new programs, projects, and activities and enter into new contracts for multiyear procurements that are authorized by the National Defense Authorization Act for FY2013. Allocates funding for prior year shipbuilding cost increases for the Navy.