Input:
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.

Output:
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.


Input:
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.

Output:
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.


Input:
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.''.

Output: 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.


Input:
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.''.

Output: 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.


Input:
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.

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


Input:
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.

Output: 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.


Input:
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.''.

Output: 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.


Input:
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.

Output: 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.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Trucking Industry Regulatory Reform
Act of 1994''.

SEC. 2. AMENDMENT OF TITLE 49, UNITED STATES CODE.

    Except as otherwise expressly provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to a section or other provision of title 49, United States
Code.

SEC. 3. PURPOSE.

    The purpose of this Act is to enhance competition, safety, and
efficiency in the motor carrier industry and to enhance efficiency in
government.

SEC. 4. TRANSPORTATION POLICY.

    Section 10101(a)(2) (relating to transportation policy) is
amended--
            (1) by redesignating subparagraphs (A) through (I) as
        subparagraphs (C) through (K), respectively, and
            (2) by inserting before subparagraph (C) (as so
        redesignated) the following: ``(A) encourage fair competition,
        and reasonable rates for transportation by motor carriers of
        property; (B) promote Federal regulatory efficiency in the
        motor carrier transportation system and to require fair and
        expeditious regulatory decisions when regulation is
        required;''.

SEC. 5. EXEMPTIONS.

    (a) In General.--Section 10505 (relating to authority to exempt
rail carrier transportation) is amended--
            (1) by inserting ``, or a motor carrier providing
        transportation of property other than household goods,'' after
        ``rail carrier providing transportation'' in subsection (a),
            (2) by inserting ``section 10101 or'' before ``section
        10101a'' in subsection (a)(1) and subsection (d), and
            (3) by inserting ``, or a motor carrier providing
        transportation of property other than household goods,'' after
        ``rail carrier'' in subsection (f).
    (b) Clerical Amendments.--
            (1) The caption of section 10505 is amended by inserting
        ``and motor carrier'' after ``rail carrier''.
            (2) The chapter analysis for chapter 105 is amended by
        inserting ``and motor carrier'' after ``rail carrier'' in the
        item relating to section 10505.

SEC. 6. TARIFF FILING.

    (a) Authority to Establish Rates.--Section 10702(b) (relating to
authority for carriers to establish rates, classifications, rules, and
practices) is amended by inserting ``, except a motor contract carrier
of property other than household goods,'' after ``A contract carrier''.
    (b) Prohibition of Transportation Without Tariff.--Section 10761(a)
(relating to transportation prohibited without tariff) is amended--
            (1) by inserting ``(except a motor common carrier providing
        transportation of property other than household goods)'' after
        ``chapter 105 of this title'', and
            (2) by striking out ``That carrier'' in the second sentence
        and inserting ``A carrier subject to this subsection''.
    (c) General Tariff Requirement.--Section 10762(a)(1) (relating to
general tariff requirement) is amended--
            (1) by inserting ``(except a motor common carrier providing
        transportation of property other than household goods)'' after
        ``A motor common carrier'' in the second sentence,
            (2) by inserting ``(except a motor common carrier providing
        transportation of property other than household goods) after
        ``carriers'' in the third sentence, and
            (3) by striking the last sentence and inserting the
        following: ``A motor contract carrier of property is not
        required to publish or file actual or minimum rates under this
        subtitle.''.
    (d) Proposed Rate Changes.--Section 10762(c)(2) (relating to rate
changes) is amended by inserting ``(except a motor common carrier of
property)'' after ``contract carrier''.
    (e) Effect on Negotiated Rates Act.--Section 10762 (relating to
general tariff requirements) is amended by adding at the end thereof
the following new subsection:
    ``(g) Nothing in this section shall affect the application of the
provisions of the Negotiated Rates Act of 1993 (or the amendments made
by that Act) to undercharge claims for transportation provided prior to
the date of enactment of the `Trucking Industry Regulatory Reform Act
of 1994'.''.

SEC. 7. MOTOR COMMON CARRIER LICENSING.

    (a) In General.--Section 10922 (relating to certification of motor
and water carriers) is amended--
            (1) by redesignating subsections (b) through (l) as (c)
        through (m), respectively, and by inserting after subsection
        (a) the following new subsection:
    ``(b)(1) Except as provided in this section, the Commission shall
issue a certificate to a person authorizing that person to provide
transportation subject to the jurisdiction of the Commission under
subchapter II of chapter 105 of this title as a motor common carrier of
property if the Commission finds that the person is able to comply
with--
            ``(A) this subtitle, the regulations of the Commission, and
        any safety requirements imposed by the Commission,
            ``(B) the safety fitness requirements established by the
        Secretary of Transportation in consultation with the Commission
        pursuant to section 215 of the Motor Carrier Safety Act of 1984
        (49 U.S.C. App. 2512), and
            ``(C) the minimum financial responsibility requirements
        established by the Commission pursuant to section 10927 of this
        title.
    ``(2) In making a finding under paragraph (1), the Commission shall
consider and, to the extent applicable, make findings on, any evidence
demonstrating that the applicant is unable to comply with the
requirements of subparagraph (A), (B), or (C) of that paragraph.
    ``(3) The Commission, pursuant to section 215 of the Motor Carrier
Safety Act of 1984 (49 U.S.C. App. 2512), shall find any applicant for
authority to operate as a motor carrier under this section to be unfit
if the applicant does not meet the safety fitness requirements under
paragraph (1)(B) of this subsection and shall deny the application.
    ``(4) A person may protest an application under this subsection to
provide transportation only on the ground that the applicant fails or
will fail to comply with this subtitle, the regulations of the
Commission, the safety requirements of the Commission, or the safety
fitness or minimum financial responsibility requirements of paragraph
(1) of this subsection.''.
    (b) Public Convenience and Necessity.--Section 10922(c) (relating
to public convenience and necessity) as redesignated by subsection (a),
is amended--
            (1) by striking ``carrier of property'' in paragraph (1)
        and inserting ``carrier of household goods'',
            (2) by striking paragraphs (4) and (6) and redesignating
        paragraphs (5), (7), (8), and (9) as (4), (5), (6), and (7),
        respectively,
            (3) by striking ``carrier holding authority under paragraph
        (4)(D) of this subsection'' in paragraph (4) (as redesignated)
        and inserting ``motor carrier providing transportation of
        shipments weighing 100 pounds or less transported in a motor
        vehicle in which no one package exceeds 100 pounds'',
            (4) by inserting ``of household goods'' after ``No motor
        common carrier'' in paragraph (5) (as redesignated),
            (5) by inserting ``of household goods'' after ``No motor
        common carrier'' in paragraph (6) (as redesignated), and
            (6) by striking ``Notwithstanding the provisions of
        paragraph (4) of this subsection, the provisions'' in paragraph
        (7) (as redesignated) and inserting ``The provisions''.
    (c) Certificate Specifications.--Section 10922(f)(1) (relating to
specifications for certificate), as redesignated by subsection (a) of
this section, is amended by inserting ``of household goods or
passengers'' after ``motor common carrier''.
    (d) Public Convenience and Necessity.--Section 10922(h)(1)
(relating to public convenience and necessity), as redesignated by
subsection (a) of this section, is amended by inserting ``of household
goods or passengers'' after ``motor common carrier''.

SEC. 8. MOTOR CONTRACT CARRIER LICENSING.

    (a) Authority to Issue Permits.--Section 10923(a) (relating to
authority to issue permits) is amended by inserting ``of household
goods or passengers'' after ``motor common carrier''.
    (b) Household Goods Permits.--Section 10923 (relating to permits of
motor and water contract carriers and household goods freight
forwarders) is amended by redesignating subsections (b) through (e) as
(c) through (f), respectively, and by inserting after subsection (a)
the following new subsection:
    ``(b)(1) Except as provided in this section and section 10930 of
this title, the Commission shall issue a permit to a person authorizing
the person to provide transportation subject to the jurisdiction of the
Commission under subchapter II of chapter 105 of this title as a motor
contract carrier of property other than household goods if the
Commission finds that the person is able to comply with--
            ``(A) this subtitle, the regulations of the Commission, and
        any safety requirements imposed by the Commission,
            ``(B) the safety fitness requirements established by the
        Secretary of Transportation in consultation with the Commission
        pursuant to section 215 of the Motor Carrier Safety Act of 1984
        (49 U.S.C. App. 2512), and
            ``(C) the minimum financial responsibility requirements
        established by the Commission pursuant to section 10927 of this
        title.
    ``(2) In deciding whether to approve the application of a person
for a permit as a motor contract carrier of property other than
household goods the Commission shall consider any evidence
demonstrating that the applicant is unable to comply with this
subtitle, the regulations of the Commission, safety requirements of the
Commission, or the safety fitness and minimum financial responsibility
requirements of subsection (b)(1).
    ``(3) The Commission, pursuant to section 215 of the Motor Carrier
Safety Act of 1984 (49 U.S.C. App. 2512), shall find any applicant for
authority to operate as a motor carrier of property other than
household goods under this subsection to be unfit if the applicant does
not meet the safety fitness requirements of paragraph (1)(B) of this
subsection and shall deny the application.
    ``(4) A person may protest an application under this subsection to
provide transportation only on the ground that the applicant fails or
will fail to comply with this subtitle, the regulations of the
Commission, safety requirements of the Commission, or the safety
fitness or minimum financial responsibility requirements of paragraph
(1).''.
    (c) Application Filing Requirements.--Section 10923(c) (relating to
application filing requirements), as redesignated by subsection (b) of
this section, is amended--
            (1) by striking ``motor contract carrier of property'' in
        paragraphs (3) and (4) and inserting ``motor contract carrier
        of household goods'',
            (2) by striking paragraph (5) and redesignating paragraphs
        (6) and (7) as (5) and (6), respectively, and
            (3) by striking ``motor carriers of property'' in paragraph
        (5) (as redesignated) and inserting ``motor carriers of
        household goods''.
    (d) Conditions of Transportation or Service.--Section 10923(e)
(relating to conditions of transportation or service), as redesignated
by subsection (b) of this section, is amended--
            (1) by inserting ``of passengers or household goods'' after
        ``contract carrier'' in paragraph (1), and
            (2) by striking ``each person or class of persons (and, in
        the case of a motor contract carrier of passengers, the number
        of persons)'' in paragraph (2) and inserting ``in the case of a
        motor contract carrier of passengers, the number of persons,''.

SEC. 9. REVOCATION OF MOTOR CARRIER AUTHORITY.

    Section 10925(d)(1) (relating to effective periods of certificates,
permits, and licenses) is amended--
            (1) by striking ``if a motor carrier or broker'' in
        subparagraph (A) and inserting ``if a motor carrier of
        passengers, motor common carrier of household goods, or
        broker'',
            (2) by striking ``and'' at the end of subparagraph (A),
            (3) by redesignating subparagraph (B) as (D) and inserting
        after subparagraph (A) the following new subparagraphs:
                    ``(B) if a motor contract carrier of property, for
                failure to comply with section 10701, 10924(e), or
                10927 (b) or (d) of this subtitle;
                    ``(C) if a motor contract carrier of property other
                than household goods, for failure to comply with
                section 10701, 10702, 10924(e), or 10927 (b) or (d) of
                this subtitle; and''.

SEC. 10. STUDY OF MERGER OF FEDERAL MARITIME COMMISSION AND INTERSTATE
              COMMERCE COMMISSION.

    The Secretary of Transportation shall study the feasibility of a
merger of the operations and responsibilities of the Federal Maritime
Commission and the Interstate Commerce Commission with respect to the
cost savings that might be achieved by such a merger, the efficient
allocation of resources, the elimination of unnecessary functions, and
responsibility for regulatory functions. The Secretary shall report his
findings to the Congress within 6 months after the date of enactment of
this Act.

SEC. 11. STUDY OF ADDITIONAL REFORMS.

    The Interstate Commerce Commission, in consultation with the
Secretary of Transportation, shall prepare and submit to the Congress
with six months after the date of enactment of this Act a report
identifying and analyzing all regulatory responsibilities of the
Commission. The Commission shall make recommendations to the Congress
on the basis of the study concerning specific statutory functions of
the Commission that could be changed to enhance competition, safety,
and efficiency in the motor carrier industry and to enhance efficiency
in government.

Output:
Trucking Industry Regulatory Reform Act of 1994 - Amends the Interstate Commerce Act to include as objectives of U.S. transportation policy in regulating transportation by motor carrier, the promotion of competitive and efficient transportation services in order to:  (1) encourage fair competition and reasonable rates for transportation by motor carriers of property; (2) promote Federal regulatory efficiency in the motor carrier transportation system; and (3) require fair and expeditious regulatory decisions when regulation is required.
(Sec. 5) Requires the Interstate Commerce Commission (ICC) to exempt motor carriers of non-household goods from its jurisdiction in specified circumstances, including when such transportation is part of a continuous intermodal movement.
(Sec. 6) Exempts a motor contract carrier of non-household goods from requirements that contract carriers establish, and file with the ICC, actual and minimum rates and related rules and practices.
Exempts motor common carriers of non-household goods from requirements that carriers:  (1) provide transportation or service only if the rate is contained in a tariff; and (2) publish and file with the ICC tariffs containing such rates.
(Sec. 7) Requires the ICC to issue a certificate authorizing a person to provide transportation as a motor common carrier of property if it finds such person able to comply with such Act, ICC regulations, and specified safety, safety fitness, and minimum financial responsibility requirements.
(Sec. 8) Specifies requirements which, if met, compel the ICC to issue a permit authorizing a person to provide transportation as a motor contract carrier of household goods, passengers, or non-household goods.
(Sec. 9) Authorizes the ICC to suspend a certificate or permit of a motor carrier of passengers, motor common carrier of household goods, a motor contract carrier of property, or a motor contract carrier of non-household goods if specified requirements are not met.
(Sec. 10) Directs the Secretary to study and report to the Congress on the feasibility of a merger of the operations and responsibilities of the Federal Maritime Commission and the ICC with respect to cost savings that may be achieved, the efficient allocation of resources, elimination of unnecessary functions, and responsibility for regulatory functions.
(Sec. 11) Directs the ICC to report to the Congress an analysis of all ICC regulatory responsibilities, with recommendations about specific statutory functions of the ICC that could be changed to enhance competition, safety, and efficiency in the motor carrier industry and efficiency in government.