SECTION 1. SHORT TITLE. This Act may be cited as the ``Electric Reliability Improvement Act of 2003''. SEC. 2. ELECTRIC RELIABILITY STANDARDS. Part II of the Federal Power Act (16 U.S.C. 824 et seq.) is amended by inserting the following new section at the end thereof: ``SEC. 215. ELECTRIC RELIABILITY. ``(a) Definitions.--For purposes of this section-- ``(1) The term `bulk-power system' means-- ``(A) facilities and control systems necessary for operating an interconnected electric energy transmission network (or any portion thereof); and ``(B) electric energy from generation facilities needed to maintain transmission system reliability. The term does not include facilities used in the local distribution of electric energy. ``(2) The terms `Electric Reliability Organization' and `ERO' mean the organization certified by the Commission under subsection (c) the purpose of which is to establish and enforce reliability standards for the bulk-power system, subject to Commission review. ``(3) The term `reliability standard' means a requirement, approved by the Commission under this section, to provide for reliable operation of the bulk-power system. The term includes requirements for the operation of existing bulk-power system facilities and the design of planned additions or modifications to such facilities to the extent necessary to provide for reliable operation of the bulk-power system, but the term does not include any requirement to enlarge such facilities or to construct new transmission capacity or generation capacity. ``(4) The term `reliable operation' means operating the elements of the bulk-power system within equipment and electric system thermal, voltage, and stability limits so that instability, uncontrolled separation, or cascading failures of such system will not occur as a result of a sudden disturbance or unanticipated failure of system elements. ``(5) The term `Interconnection' means a geographic area in which the operation of bulk-power system components is synchronized such that the failure of one or more of such components may adversely affect the ability of the operators of other components within the system to maintain reliable operation of the facilities within their control. ``(6) The term `transmission organization' means a regional transmission organization, independent system operator, independent transmission provider, or other transmission organization finally approved by the Commission for the operation of transmission facilities. ``(7) The term `regional entity' means an entity having enforcement authority pursuant to subsection (e)(4). ``(b) Jurisdiction and Applicability.--(1) The Commission shall have jurisdiction, within the United States, over the ERO certified by the Commission under subsection (c), any regional entities, and all users, owners and operators of the bulk-power system, including but not limited to the entities described in section 201(f), for purposes of approving reliability standards established under this section and enforcing compliance with this section. All users, owners and operators of the bulk-power system shall comply with reliability standards that take effect under this section. ``(2) The Commission shall issue a final rule to implement the requirements of this section not later than 180 days after the date of enactment of this section. ``(c) Certification.--Following the issuance of a Commission rule under subsection (b)(2), any person may submit an application to the Commission for certification as the Electric Reliability Organization (ERO). The Commission may certify one such ERO if the Commission determines that such ERO-- ``(1) has the ability to develop and enforce, subject to subsection (e)(2), reliability standards that provide for an adequate level of reliability of the bulk-power system; and ``(2) has established rules that-- ``(A) assure its independence of the users and owners and operators of the bulk-power system, while assuring fair stakeholder representation in the selection of its directors and balanced decisionmaking in any ERO committee or subordinate organizational structure; ``(B) allocate equitably reasonable dues, fees, and other charges among end users for all activities under this section; ``(C) provide fair and impartial procedures for enforcement of reliability standards through the imposition of penalties in accordance with subsection (e) (including limitations on activities, functions, or operations, or other appropriate sanctions); ``(D) provide for reasonable notice and opportunity for public comment, due process, openness, and balance of interests in developing reliability standards and otherwise exercising its duties; and ``(E) provide for taking, after certification, appropriate steps to gain recognition in Canada and Mexico. ``(d) Reliability Standards.--(1) The Electric Reliability Organization shall file each reliability standard or modification to a reliability standard that it proposes to be made effective under this section with the Commission. ``(2) The Commission may approve, by rule or order, a proposed reliability standard or modification to a reliability standard if it determines that the standard is just, reasonable, not unduly discriminatory or preferential, and in the public interest. The Commission shall give due weight to the technical expertise of the Electric Reliability Organization with respect to the content of a proposed standard or modification to a reliability standard and to the technical expertise of a regional entity organized on an Interconnection-wide basis with respect to a reliability standard to be applicable within that Interconnection, but shall not defer with respect to the effect of a standard on competition. A proposed standard or modification shall take effect upon approval by the Commission. ``(3) The Electric Reliability Organization shall rebuttably presume that a proposal from a regional entity organized on an Interconnection-wide basis for a reliability standard or modification to a reliability standard to be applicable on an Interconnection-wide basis is just, reasonable, and not unduly discriminatory or preferential, and in the public interest. ``(4) The Commission shall remand to the Electric Reliability Organization for further consideration a proposed reliability standard or a modification to a reliability standard that the Commission disapproves in whole or in part. ``(5) The Commission, upon its own motion or upon complaint, may order the Electric Reliability Organization to submit to the Commission a proposed reliability standard or a modification to a reliability standard that addresses a specific matter if the Commission considers such a new or modified reliability standard appropriate to carry out this section. ``(6) The final rule adopted under subsection (b)(2) shall include fair processes for the identification and timely resolution of any conflict between a reliability standard and any function, rule, order, tariff, rate schedule, or agreement accepted, approved, or ordered by the Commission applicable to a transmission organization. Such transmission organization shall continue to comply with such function, rule, order, tariff, rate schedule or agreement accepted approved, or ordered by the Commission until-- ``(A) the Commission finds a conflict exists between a reliability standard and any such provision; ``(B) the Commission orders a change to such provision pursuant to section 206 of this part; and ``(C) the ordered change becomes effective under this part. If the Commission determines that a reliability standard needs to be changed as a result of such a conflict, it shall order the ERO to develop and file with the Commission a modified reliability standard under paragraph (4) or (5) of this subsection. ``(e) Enforcement.--(1) The ERO may impose, subject to paragraph (2), a penalty on a user or owner or operator of the bulk-power system for a violation of a reliability standard approved by the Commission under subsection (d) if the ERO, after notice and an opportunity for a hearing-- ``(A) finds that the user or owner or operator has violated a reliability standard approved by the Commission under subsection (d); and ``(B) files notice and the record of the proceeding with the Commission. ``(2) A penalty imposed under paragraph (1) may take effect not earlier than the 31st day after the electric reliability organization files with the Commission notice of the penalty and the record of proceedings. Such penalty shall be subject to review by the Commission, on its own motion or upon application by the user, owner or operator that is the subject of the penalty filed within 30 days after the date such notice is filed with the Commission. Application to the Commission for review, or the initiation of review by the Commission on its own motion, shall not operate as a stay of such penalty unless the Commission otherwise orders upon its own motion or upon application by the user, owner or operator that is the subject of such penalty. In any proceeding to review a penalty imposed under paragraph (1), the Commission, after notice and opportunity for hearing (which hearing may consist solely of the record before the electric reliability organization and opportunity for the presentation of supporting reasons to affirm, modify, or set aside the penalty), shall by order affirm, set aside, reinstate, or modify the penalty, and, if appropriate, remand to the electric reliability organization for further proceedings. The Commission shall implement expedited procedures for such hearings. ``(3) On its own motion or upon complaint, the Commission may order compliance with a reliability standard and may impose a penalty against a user or owner or operator of the bulk-power system, if the Commission finds, after notice and opportunity for a hearing, that the user or owner or operator of the bulk-power system has engaged or is about to engage in any acts or practices that constitute or will constitute a violation of a reliability standard. ``(4) The Commission shall establish regulations authorizing the ERO to enter into an agreement to delegate authority to a regional entity for the purpose of proposing reliability standards to the ERO and enforcing reliability standards under paragraph (1) if-- ``(A) the regional entity is governed by-- ``(i) an independent board; ``(ii) a balanced stakeholder board; or ``(iii) a combination independent and balanced stakeholder board. ``(B) the regional entity otherwise satisfies the provisions of subsection (c)(1) and (2); and ``(C) the agreement promotes effective and efficient administration of bulk-power system reliability. The Commission may modify such delegation. The ERO and the Commission shall rebuttably presume that a proposal for delegation to a regional entity organized on an Interconnection-wide basis promotes effective and efficient administration of bulk-power system reliability and should be approved. Such regulation may provide that the Commission may assign the ERO's authority to enforce reliability standards under paragraph (1) directly to a regional entity consistent with the requirements of this paragraph. ``(5) The Commission may take such action as is necessary or appropriate against the ERO or a regional entity to ensure compliance with a reliability standard or any Commission order affecting the ERO or a regional entity. ``(6) Any penalty imposed under this section shall bear a reasonable relation to the seriousness of the violation and shall take into consideration the efforts of such user, owner, or operator to remedy the violation in a timely manner. ``(f) Changes in Electricity Reliability Organization Rules.--The Electric Reliability Organization shall file with the Commission for approval any proposed rule or proposed rule change, accompanied by an explanation of its basis and purpose. The Commission, upon its own motion or complaint, may propose a change to the rules of the Electric Reliability Organization. A proposed rule or proposed rule change shall take effect upon a finding by the Commission, after notice and opportunity for comment, that the change is just, reasonable, not unduly discriminatory or preferential, is in the public interest, and satisfies the requirements of subsection (c). ``(g) Reliability Reports.--The Electric Reliability Organization shall conduct periodic assessments of the reliability and adequacy of the bulk-power system in North America. ``(h) Coordination With Canada and Mexico.--The President is urged to negotiate international agreements with the governments of Canada and Mexico to provide for effective compliance with reliability standards and the effectiveness of the Electric Reliability Organization in the United States and Canada or Mexico. ``(i) Savings Provisions.--(1) The Electric Reliability Organization shall have authority to develop and enforce compliance with reliability standards for only the bulk-power system. ``(2) This section does not authorize the Electric Reliability Organization or the Commission to order the construction of additional generation or transmission capacity or to set and enforce compliance with standards for adequacy or safety of electric facilities or services. ``(3) Nothing in this section shall be construed to preempt any authority of any State to take action to ensure the safety, adequacy, and reliability of electric service within that State, as long as such action is not inconsistent with any reliability standard. ``(4) Within 90 days of the application of the Electric Reliability Organization or other affected party, and after notice and opportunity for comment, the Commission shall issue a final order determining whether a State action is inconsistent with a reliability standard, taking into consideration any recommendation of the Electric Reliability Organization. ``(5) The Commission, after consultation with the Electric Reliability Organization and the State taking action, may stay the effectiveness of any State action, pending the Commission's issuance of a final order. ``(j) Regional Advisory Bodies.--The Commission shall establish a regional advisory body on the petition of at least two-thirds of the States within a region that have more than one-half of their electric load served within the region. A regional advisory body shall be composed or of one member from each participating State in the region, appointed by the Governor of each State, and may include representatives of agencies, States, and provinces outside the United States. A regional advisory body may provide advice to the Electric Reliability Organization, a regional entity, or the Commission regarding the governance of an existing or proposed regional entity within the same region, whether a standard proposed to apply within the region is just, reasonable, not unduly discriminatory or preferential, and in the public interest, whether fees proposed to be assessed within the region are just, reasonable, not unduly discriminatory or preferential, and in the public interest and any other responsibilities requested by the Commission. The Commission may give deference to the advice of any such regional advisory body if that body is organized on an Interconnection-wide basis. ``(k) Application to Alaska and Hawaii.--The provisions of this section do not apply to Alaska or Hawaii.''.

Summary: Electric Reliability Improvement Act of 2003 - Amends the Federal Power Act to grant the Federal Energy Regulatory Commission (FERC) jurisdiction over a FERC-certified Electric Reliability Organization (ERO), established under this Act to enforce, subject to FERC review, reliability standards for the bulk-power system. Includes within such jurisdiction regional entities and all users, owners, and operators of the bulk-power system for purposes of approving reliability standards and enforcing compliance with this Act. Urges the President to negotiate international agreements with the governments of Canada and Mexico to provide effective compliance with reliability standards and the effectiveness of the ERO in the United States, Canada, or Mexico. Restricts to the bulk-power system only the ERO authority to develop and enforce compliance with reliability standards. Declares that this Act does not authorize the ERO or FERC to order construction of additional generation or transmission capacity, or to set and enforce compliance with standards for adequacy or safety of electric facilities or services. Directs FERC to establish a regional advisory body on the petition of at least two-thirds of the States within a region that have more than one-half of their electric load served within the region. Authorizes such body to advise the ERO, a regional entity, or FERC. Declares this Act inapplicable to Alaska or Hawaii.


SECTION 1. SHORT TITLE. This Act may be referred to as the ``Land Management Agency Housing Improvement Act of 1994''. SEC. 2. DEFINITIONS. As used in this Act, the term-- (1) ``public lands'' means Federal lands administered by the Secretary of the Interior or the Secretary of Agriculture; and (2) ``Secretaries'' means the Secretary of the Interior and the Secretary of Agriculture. SEC. 3. EMPLOYEE HOUSING. (a)(1) To promote the recruitment and retention of qualified personnel necessary for the effective management of public lands, the Secretaries are authorized to-- (A) make employee housing available, subject to the limitations set forth in paragraph (2), on or off public lands, and (B) rent or lease such housing to employees of the respective Department at a reasonable value. (2)(A) Housing made available on public lands shall be limited to those areas designated for administrative use. (B) No private lands or interests therein outside of the boundaries of federally administered areas may be acquired for the purposes of this Act except with the consent of the owner thereof. (b) The Secretaries shall provide such housing in accordance with this Act and section 5911 of title 5, United States Code, except that for the purposes of this Act, the term-- (1) ``availability of quarters'' (as used in this Act and subsection (b) of section 5911) means the existence, within thirty miles of the employee's duty station, of well- constructed and maintained housing suitable to the individual and family needs of the employee, for which the rental rate as a percentage of the employee's annual gross income does not exceed the most recent Census Bureau American Housing Survey median monthly housing cost for renters inclusive of utilities, as a percentage of current income, whether paid as part of rent or paid directly to a third party; (2) ``contract'' (as used in this Act and subsection (b) of section 5911) includes, but is not limited to, ``Build-to- Lease'', ``Rental Guarantee'', ``Joint Development'' or other lease agreements entered into by the Secretary, on or off public lands, for the purposes of sub-leasing to Departmental employees; and (3) ``reasonable value'' (as used in this Act and subsection (c) of section 5911) means the base rental rate comparable to private rental rates for comparable housing facilities and associated amenities: Provided, That the base rental rate as a percentage of the employee's annual gross income shall not exceed the most recent American Housing Survey median monthly housing cost for renters inclusive of utilities, as a percentage of current income, whether paid as part of rent or paid directly to a third party. (c) Subject to appropriation, the Secretaries may enter into contracts and agreements with public and private entities to provide employee housing on or off public lands. (d) The Secretaries may enter into cooperative agreements or joint ventures with local governmental and private entities, either on or off public lands, to provide appropriate and necessary utility and other infrastructure facilities in support of employee housing facilities provided under this Act. SEC. 4. SURVEY OF RENTAL QUARTERS. The Secretaries shall conduct a survey of the availability of quarters at field units under each Secretary's jurisdiction at least every five years. If such survey indicates that government owned or suitable privately owned quarters are not available as defined in section 3(b)(1) of this Act for the personnel assigned to a specific duty station, the Secretaries are authorized to provide suitable quarters in accordance with the provisions of this Act. For the purposes of this section, the term ``suitable quarters'' means well- constructed, maintained housing suitable to the individual and family needs of the employee. SEC. 5. SECONDARY QUARTERS. (a) The Secretaries may determine that secondary quarters for employees who are permanently duty stationed at remote locations and are regularly required to relocate for temporary periods are necessary for the effective administration of an area under the jurisdiction of the respective agency. Such secondary quarters are authorized to be made available to employees, either on or off public lands, in accordance with the provisions of this Act. (b) Rental rates for such secondary facilities shall be established so that the aggregate rental rate paid by an employee for both primary and secondary quarters as a percentage of the employee's annual gross income shall not exceed the Census Bureau American Housing Survey median monthly housing cost for renters inclusive of utilities as a percentage of current income, whether paid as part of rent or paid directly to a third party. SEC. 6. SURVEY OF EXISTING FACILITIES. (a) Within two years after the date of enactment of this Act, the Secretaries shall survey all existing government owned employee housing facilities under the jurisdiction of the Department of the Interior and the Department of Agriculture, to assess the physical condition of such housing and the suitability of such housing for the effective prosecution of the agency mission. The Secretaries shall develop an agency-wide priority listing, by structure, identifying those units in greatest need of repair, rehabilitation, replacement or initial construction, as appropriate. The survey and priority listing study shall be transmitted to the Committees on Appropriations and Energy and Natural Resources of the United States Senate and the Committees on Appropriations and Natural Resources of the United States House of Representatives. (b) Unless otherwise provided by law, expenditure of any funds appropriated for construction, repair or rehabilitation shall follow, in sequential order, the priority listing established by each agency. Funding available from other sources for employee housing repair may be distributed as determined by the Secretaries. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out this Act. Passed the Senate June 16 (legislative day, June 7), 1994. Attest: MARTHA S. POPE, Secretary.

Summary: Land Management Agency Housing Improvement Act of 1994 - Authorizes the Secretaries of the Interior and of Agriculture to make employee housing available on or off public lands and to rent or lease housing to employees at a reasonable value. Directs the Secretaries to conduct a survey of the availability of quarters at field units at least every five years. Authorizes the Secretaries to provide suitable quarters under this Act if such survey indicates that government owned or suitable privately owned quarters are not available to the personnel assigned to a specific duty station. Authorizes the Secretaries to: (1) determine that secondary quarters for employees who are permanently duty stationed at remote locations and are regularly required to relocate for temporary periods are necessary for the effective administration of an area; and (2) make such secondary quarters available to employees either on or off public lands. Requires the Secretaries to survey all existing government owned employee housing facilities under the jurisdiction of the Departments of the Interior and of Agriculture to assess physical condition and suitability. Directs the Secretaries to develop an agency-wide priority listing, by structure, identifying those units in greatest need of repair, rehabilitation, replacement, or initial construction and to transmit such survey and listing to specified congressional committees. Specifies that: (1) unless otherwise provided by law, expenditure of any funds appropriated for construction, repair, or rehabilitation shall follow the priority listing established by each agency; and (2) funding available from other sources for employee housing repair may be distributed as determined by the Secretaries. Authorizes appropriations.


SECTION 1. FINDINGS. The Congress finds that-- (1) lead is a naturally occurring element which has been used in a variety of industrial applications including radiation shields, storage batteries, paint, and gasoline; (2) 1 in 6 United States children are victims of lead poisoning, according to the Agency for Toxic Substances and Disease Registry; (3) lead poses a significant environmental health problem since adverse effects have been conclusively demonstrated at relatively low exposures; (4) lead exposures to children under age 7 are of greatest concern because of its association with significant neurotoxic effects, including reduction in intelligence, attention span deficits, and reading and learning disabilities; (5) the quantity of lead in house dust appears to be the best single indicator of lead levels in the blood of an infant; (6) past efforts to abate lead-based paint have relied on methods which endangered workers and often resulted in more available lead dust for the occupants; (7) improving methods for testing and abating lead-based paint offers a highly cost effective means of reducing exposures and thus preventing childhood lead poisoning; and (8) the efforts of the Federal Government to develop and disseminate information on the most effective techniques to lower human exposure to lead should be improved. SEC. 2. DETECTION TECHNOLOGIES. (a) Emerging Technologies Research.--The Administrator of the Environmental Protection Agency, in consultation with the heads of other appropriate Federal agencies, shall develop methods for conducting evaluations of lead detection products and techniques. The Administrator shall make available to the public the results of any evaluations conducted by such methods as the results of the evaluations become available. (b) Standardization.--Within 2 years after the date of the enactment of this Act, the Director of the National Institute of Standards and Technology, in consultation with the Administrator of the Environmental Protection Agency, shall establish protocols, criteria, and minimum performance standards to be used in the evaluations described in subsection (a) and to ensure reliable, accurate, and effective lead detection technologies. SEC. 3. LEAD EXPOSURE IN CHILDREN. The Administrator of the Environmental Protection Agency, in consultation with the heads of other appropriate Federal agencies, shall conduct a long-term research study to establish the sources of lead exposure for children under the age of seven years. The research shall, to the greatest extent possible-- (1) establish profiles for the percentage of such children who have an exposure to a particular lead source (such as lead- based paint and dust from lead-based paint), and the particular route of such exposure (such as drinking water, food, air, and soil); (2) establish the percentage of each particular kind of exposure and route of exposure described in paragraph (1); and (3) be broken down by region, economic strata, and any other demographic feature the Administrator considers to be appropriate. SEC. 4. RESEARCH ON ABATEMENT AND IN-PLACE MANAGEMENT TECHNIQUES. The Director of the National Institute of Standards and Technology, in consultation with the Administrator of the Environmental Protection Agency and the heads of other appropriate Federal agencies, shall carry out research studies to evaluate which practices and techniques are most effective in reducing human exposure to lead. The research studies shall emphasize the development of new technologies and shall address the cost effectiveness of such practices and techniques. The Administrator shall make available to the public the results of such studies as the results become available. SEC. 5. LEAD REMOVAL AND CONTAINMENT PRODUCTS. (a) Research.--The Director of the National Institute of Standards and Technology, in consultation with the Administrator of the Environmental Protection Agency and the heads of other appropriate Federal agencies, shall conduct research on the safety, efficacy, durability, and other relevant performance properties of lead removal and containment products. (b) Standardization.--Within 24 months after the date of enactment of this Act, the Director of the National Institute of Standards and Technology shall establish performance criteria and standards for lead removal and containment products. SEC. 6. PUBLIC EDUCATION. The Administrator of the Environmental Protection Agency, in cooperation with other appropriate Federal agencies, shall sponsor public education and outreach efforts to increase awareness of the scope, severity, and sources of lead exposure. The Administrator shall focus such public education and efforts in a manner which provides, to the greatest extent possible, information to the children for whom profiles are established in section 3 about the particular kind and route of lead exposure of such children. SEC. 7. USE OF CLEARINGHOUSE AND TELEPHONE HOTLINE. The Administrator of the Environmental Protection Agency shall ensure that any information which is made available to the public pursuant to this Act is made available through the clearinghouse and hotline established pursuant to section 405(e) of the Toxic Control Substances Act (15 U.S.C. 2601 et seq.) in addition to any other means of availability the Administrator considers to be appropriate. SEC. 8. STATE PROGRAMS. (a) Grant Assistance.--The Governor of a State may apply to the Administrator of the Environmental Protection Agency for a grant to compile (particularly through the use of questionnaires) data on lead exposure in the State, to coordinate with other States the collection of such data in order to build a national data base on lead exposure, and to carry out public outreach programs on lead exposure. (b) Grant Management.-- (1) Criteria for selection.--In selecting States for grants under subsection (a) the Administrator shall review-- (A) the previous experience of the State in addressing lead exposure and lead exposure data collection issues; (B) the seriousness of the lead exposure issues identified by the State; and (C) the State standards for techniques and practices to reduce human exposure to lead. (2) Availability of sufficient funding.--In selecting States for grants under subsection (a), the Administrator shall focus resources to ensure that sufficient funds are available to selected States to provide for comprehensive collection and coordination of lead exposure data and for sufficient public outreach programs. (3) Federal share of funding.--The Federal share of grants under subsection (a) shall not exceed 75 percent of the costs incurred by the State to carry out the activities described in such subsection and shall be made on the condition that the non-Federal share is provided from non-Federal funds. (4) Availability of funds.--Funds granted pursuant to subsection (a) in a fiscal year shall remain available for obligation for that fiscal year and for the next following fiscal year. (5) Limitation on receipt of grant in following year.--No grant shall be made under this section in any fiscal year to a State which in the preceding year received a grant under this section unless the Administrator determines that such State satisfactorily implemented such grant activities in such preceding fiscal year. (6) Information required in grant application.--States shall provide such information in applications for grant assistance and pertaining to grant funded activities as the Administrator requires. (c) Coordination.--In carrying out this section, the Administrator shall coordinate with the Director of the National Institute of Standards and Technology. SEC. 9. REPORTS. Not later than 24 months after the date of the enactment of this Act, the Director of the National Institute of Standards and Technology and the Administrator of the Environmental Protection Agency shall jointly submit to the Congress an initial report detailing the activities undertaken by the Director and the Administrator pursuant to this Act, including the results of studies conducted pursuant to this Act and any recommendations for administrative and legislative action that the Director and the Administrator consider appropriate. After submission of the initial report, the Director and the Administrator shall submit to the Congress an update of the initial report as often as the Director and the Administrator consider necessary.

Summary: Requires the Administrator of the Environmental Protection Agency to: (1) develop evaluation methods for lead detection products and techniques; (2) conduct long-term research to establish the sources of children's lead exposure; and (3) sponsor related public education and outreach efforts, including telephone hotline and clearinghouse systems. Requires the Director of the National Institute of Standards and Technology to conduct research on: (1) effective practices, techniques, and new technologies to reduce human exposure to lead; and (2) safety and effectiveness of lead removal and containment products. Authorizes State grants for compilation of lead exposure data.


SECTION 1. SHORT TITLE. This Act may be cited as the ``American Farm Protection Act of 1995''. SEC. 2. TREATMENT OF LAND SUBJECT TO A QUALIFIED CONSERVATION EASEMENT. (a) Estate Tax With Respect to Land Subject to a Qualified Conservation Easement.--Section 2031 of the Internal Revenue Code of 1986 (relating to the definition of gross estate) is amended by redesignating subsection (c) as subsection (d) and by inserting after subsection (b) the following new subsection: ``(c) Estate Tax With Respect to Land Subject to a Qualified Conservation Easement.-- ``(1) In general.--If the executor makes the election described in paragraph (3), then, except as otherwise provided in this subsection, there shall be excluded from the gross estate the value of land subject to a qualified conservation easement (reduced by the amount of any indebtedness to which such land is subject). ``(2) Treatment of Retained Development Right.-- ``(A) In general.--Paragraph (1) shall not apply to the value of any development right retained by the donor in the conveyance of a qualified conservation easement. The tax imposed by section 2001 (if any) attributable to any development right so retained shall be imposed only upon the disposition of such property. The tax so imposed shall be due and payable by the person so disposing of such property on the 15th day of the 4th month following the calendar year in which such disposition occurs. ``(B) Definitions.--For purposes of this paragraph-- ``(i) Disposition.--The term `disposition' shall not include any gift or devise. ``(ii) Development right.--The term `development right' means the right to establish or use any structure and the land immediately surrounding it for sale, rent, or any other commercial purpose which is not subordinate to and directly supportive of-- ``(I) the conservation purpose identified in the easement, or ``(II) the activity of farming, forestry, ranching, horticulture, viticulture, or recreation (whether or not for profit) conducted on land subject to the easement in which such right is retained. ``(3) Election.--The election under this subsection shall be made on the return of the tax imposed by section 2001. Such an election, once made, shall be irrevocable. ``(4) Calculation and notice of potential estate tax due.-- An executor making the election described in paragraph (3) shall compute the amount of tax imposed by section 2001 upon any development right (as defined in paragraph (2)) retained by the donor in the conveyance of such qualified conservation easement and include such computation with the return of the tax imposed by section 2001. The executor shall also file a `Notice of Potential Estate Tax Due' in the place or places where deeds are put to public record for the locality in which the land subject to such qualified conservation easement is located. The report of the computation of tax on any retained development right and the filing of the notice prescribed in this paragraph shall be done in such manner and on such forms as the Secretary shall prescribe. ``(5) Definitions.--For purposes of this subsection-- ``(A) Land subject to a qualified conservation easement.--The term `land subject to a qualified conservation easement' means land-- ``(i) which is located in or within 50 miles of an area which, on the date of the decedent's death, is-- ``(I) a metropolitan area (as defined by the Office of Management and Budget), or ``(II) a National Park (unless it is determined by the Secretary that land in or within 50 miles of such a Park is not under significant development pressure), ``(ii) which was owned by the decedent or a member of the decedent's family at all times during the 3-year period ending on the date of the decedent's death, and ``(iii) with respect to which a qualified conservation easement is or has been made by the decedent or a member of the decedent's family. ``(B) Qualified conservation easement.--The term `qualified conservation easement' means a qualified conservation contribution (as defined in section 170(h)(1)) of a qualified real property interest (as defined in section 170(h)(2)(C)). Clause (iv) of section 170(h)(4)(A) shall not apply for purposes of the preceding sentence. ``(C) Member of family.--The term `member of the decedent's family' means any member of the family (as defined in section 2032A(e)(2)) of the decedent.'' (b) Carryover Basis.--Section 1014(a) of such Code (relating to basis of property acquired from a decedent) is amended by striking the period at the end of paragraph (3) and inserting ``, or'' and by adding after paragraph (3) the following new paragraph: ``(4) to the extent of the applicability of the exclusion described in section 2031(c), the basis in the hands of the decedent.'' (c) Effective Date.--The amendments made by this section shall apply to estates of decedents dying after December 31, 1994. SEC. 3. GIFT TAX ON LAND SUBJECT TO A QUALIFIED CONSERVATION EASEMENT. (a) Gift Tax With Respect to Land Subject to a Qualified Conservation Easement.--Section 2503 of the Internal Revenue Code of 1986 (relating to taxable gifts) is amended by adding at the end the following new subsection: ``(h) Gift Tax With Respect to Land Subject to a Qualified Conservation Easement.--The transfer by gift of land subject to a qualified conservation easement shall not be treated as a transfer of property by gift for purposes of this chapter. For purposes of this subsection, the term `land subject to a qualified conservation easement' has the meaning given to such term by section 2031(c); except that references to the decedent shall be treated as references to the donor and references to the date of the decedent's death shall be treated as references to the date of the transfer by the donor.'' (b) Effective Date.--The amendment made by this section shall apply to gifts made after December 31, 1994. SEC. 4. QUALIFIED CONSERVATION CONTRIBUTION IS NOT A DISPOSITION. (a) Qualified Conservation Contribution Is Not a Disposition.-- Subsection (c) of section 2032A of the Internal Revenue Code of 1986 (relating to alternative valuation method) is amended by adding at the end the following new paragraphs: ``(8) Qualified conservation contribution is not a disposition.--A qualified conservation contribution (as defined in section 170(h)) by gift or otherwise shall not be deemed a disposition under subsection (c)(1)(A). ``(9) Exception for real property is land subject to a qualified conservation easement.--If qualified real property is land subject to a qualified conservation easement (as defined in section 2031(c)), the preceding paragraphs of this subsection shall not apply.'' (b) Land Subject to a Qualified Conservation Easement Is Not Disqualified.--Subsection (b) of section 2032A of such Code (relating to alternative valuation method) is amended by adding at the end the following paragraph: ``(E) If property is otherwise qualified real property, the fact that it is land subject to a qualified conservation easement (as defined in section 2031(c)) shall not disqualify it under this section.'' (c) Effective Date.--The amendments made by this section shall apply with respect to contributions made, and easements granted, after December 31, 1994.

Summary: American Farm Protection Act of 1995 - Amends the Internal Revenue Code to exclude from the gross estate tax the value of land subject to a qualified conservation easement (less the amount of any indebtedness secured by such land). Includes in the gross estate tax the value of each development right retained by the donor in the conveyance of the easement. Makes such tax due upon the disposition of the property. Provides that such land subject to the exclusion will have a carryover basis for purposes of determining gain or loss. Excludes from the gift tax transfers by gift of land subject to a conservation easement. Declares that for purposes of the alternative estate valuation method: (1) a qualified conservation contribution is not a disposition; and (2) land subject to a conservation easement is not disqualified.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicaid and CHIP Quality Improvement Act of 2016''. SEC. 2. FINDINGS. Congress finds the following: (1) Despite the fact that Federal and State governments spend hundreds of billions of dollars every year on care for Americans through the Medicaid and CHIP programs, there is no nationwide, systematic method of reporting, collecting, evaluating, or improving the quality of care across all payment and delivery systems (fee-for-service, managed care, primary care case management, or other mechanisms). (2) Although the quality of care delivered through Medicaid health plans is frequently measured, there is no method or mechanism to systematically improve the quality of care provided to all Medicaid and CHIP beneficiaries. (3) For the majority of Medicaid and CHIP enrollees who are served by primary care case management or fee-for-service arrangements, there are no Federal requirements for comparable quality monitoring or improvement. Thus there currently is no ability to make fair assessments across all modes of care for Medicaid and CHIP enrollees. (4) State flexibility and the resulting opportunities for innovation are hallmarks of the partnership between Federal and State governments in the Medicaid and CHIP programs. Without a way to systematically measure quality, however, policymakers cannot know which innovations are the most effective. SEC. 3. MEASURING AND REPORTING ON COMPARABLE HEALTH CARE QUALITY MEASURES FOR ALL PERSONS ENROLLED IN MEDICAID. (a) Quality Assurance Standards.--Section 1932(c)(1)(A) of the Social Security Act (42 U.S.C. 1396u-2(c)(1)(A)) is amended by inserting ``or comparable primary care case management services providers described in section 1905(t) as well as health care services furnished in fee-for-service settings or other delivery systems'' after ``1903(m)''. (b) Adult Health Quality Measures.--Section 1139B of the Social Security Act (42 U.S.C. 1320b-9b) is amended-- (1) in subsection (b)-- (A) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively; and (B) by inserting after paragraph (3), the following: ``(4) Quality reporting for medicaid eligible adults.-- Beginning not later than January 1 of the calendar year that begins on or after the date that is 2 years after the date of enactment of the Medicaid and CHIP Quality Improvement Act of 2016, and annually thereafter, the Secretary shall require States to use the measures and approaches identified in paragraph (3) to report on the initial core set of quality measures for Medicaid eligible adults identified in paragraph (2), subject to revisions made in accordance with paragraph (6)(B). Such reporting shall be stratified by delivery system, including managed care organizations under section 1932, benchmark plans under section 1937, primary care case management services providers described in section 1905(t), health care services in fee-for-service settings, and other delivery systems, except that the Secretary may determine that reporting on certain measures should not be stratified by delivery system because such stratification would not be feasible or the delivery systems are not comparable with respect to the application of such measures. In addition to the stratification required under the previous sentence, the Secretary shall have the discretion to further stratify reporting on certain measures based on factors such as eligibility category, income level, or other differentiating factors that could have an impact on the comparability of the measure.''; and (2) in subsection (d)-- (A) in paragraph (1)(A), by striking ``under the such plan'' and all that follows through ``subsection (a)(5)'' and inserting ``under such plan or waiver, including measures described in subsection (b)(2), subject to revisions made in accordance with subsection (b)(6)(B)''; (B) in paragraph (1)(B), by inserting ``, or comparable primary care case management services providers described in section 1905(t), as well as health care services furnished in fee-for-service settings or other delivery systems'' after ``section 1937''; and (C) in paragraph (2), by inserting before the period the following: ``, including analysis of comparable quality measures for Medicaid eligible adults who receive their health services through managed care, primary care case management, and fee- for-service settings or other delivery systems''. (c) Pediatric Health Care Measures.-- (1) In general.--Section 1139A of the Social Security Act (42 U.S.C. 1320b-9a) is amended-- (A) in subsection (a)-- (i) by redesignating paragraphs (5) through (8) as paragraphs (6) through (9), respectively; and (ii) by inserting after paragraph (4), the following: ``(5) Reporting of pediatric health care measures.-- Beginning not later than January 1 of the calendar year that begins on or after the date that is 2 years after the date of enactment of the Medicaid and CHIP Quality Improvement Act of 2016, and annually thereafter, the Secretary shall require States to use the measures and approaches identified in paragraph (4) to report on the initial core child health care quality measures established under this subsection and as such measures subsequently are updated under subsection (b)(5). Such reporting shall be stratified by delivery system, including managed care organizations under section 1932, benchmark plans under sections 1937 and 2103, primary care case management services providers described in section 1905(t), health care services in fee-for-service settings, and other delivery systems, except that the Secretary may determine that reporting on certain measures should not be stratified by delivery system because such stratification would not be feasible or the delivery systems are not comparable with respect to the application of such measures. In addition to the stratification required under the previous sentence, the Secretary shall have the discretion to further stratify reporting on certain measures based on factors such as eligibility category, income level, or other differentiating factors that could have an impact on the comparability of the measure.''; and (B) in subsection (c)-- (i) in paragraph (1)(A), by striking ``measures described in subparagraphs (A) and (B) of subsection (a)(6)'' and inserting ``the core measures described in subsection (a), as revised in accordance with subsection (b)(5)''; (ii) in paragraph (1)(B), by inserting before the period the following: ``, or comparable primary care case management services providers described in section 1905(t), as well as healthcare services furnished in fee-for-service settings or other delivery systems''; and (iii) in paragraph (2), by inserting before the period the following: ``, including analysis of comparable quality measures for children eligible for medical assistance under title XIX or child health assistance under title XXI who receive their health services through managed care, primary care case management, and fee-for-service settings or other delivery systems''. (2) Effective date.--The amendments made by this subsection shall take effect as if included in the enactment of section 1139A of the Social Security Act, as added by section 401(a) of the Children's Health Insurance Program Reauthorization Act of 2009 (Public Law 111-3). SEC. 4. PERFORMANCE BONUSES FOR SIGNIFICANT ACHIEVEMENT IN MEDICAID AND CHIP QUALITY PERFORMANCE. Section 1903 of the Social Security Act (42 U.S.C. 1396b) is amended by adding at the end the following new subsection: ``(aa) Performance Bonus for Quality Performance Achievement.-- ``(1) In general.--The Secretary shall establish a Medicaid Quality Performance Bonus fund for awarding performance bonuses to States for high attainment and improvement on a core set of quality measures related to the goals and purposes of the Medicaid program under this title. ``(2) Quality performance bonus methodology.--Not later than 3 years after the date of enactment of the Medicaid and CHIP Quality Improvement Act of 2016, the Secretary shall establish a methodology for awarding Medicaid quality performance bonuses to States not less than annually in accordance with paragraph (3) and subject to the availability of appropriations. Medicaid quality performance bonuses shall be awarded on the basis of the annual State reports required under sections 1139A and 1139B and in accordance with regulations promulgated by the Secretary. ``(3) Quality performance measurement bonuses.--Medicaid quality performance bonuses shall be awarded to the following 10 States: ``(A) The top 5 States achieving the designation of superior quality performing State under criteria established by the Secretary. ``(B) The 5 States that-- ``(i) are not among the States described in subparagraph (A); and ``(ii) demonstrate the greatest relative level of annual improvement in quality performance under criteria established by the Secretary. ``(4) Initial appropriation.-- ``(A) In general.--The total amount of Medicaid quality performance bonuses made under this subsection for all fiscal years shall be equal to $500,000,000, to be available until expended. ``(B) Budget authority.--This paragraph constitutes budget authority in advance of appropriations Acts and represents the obligation of the Secretary to provide for the payment of amounts provided under this paragraph. ``(5) Use of quality performance bonus funds.-- ``(A) Designation for quality improvement activities.--As a condition of receiving a Medicaid quality performance bonus under this subsection, a State shall agree to designate at least 75 percent of the bonus funds paid to the State under this subsection for a fiscal year for the development and operation of quality-related initiatives that will directly benefit providers or managed care entities participating in the State plan under this title or under a waiver of such plan, including-- ``(i) pay-for-performance programs; ``(ii) collaboration initiatives that have been demonstrated to improve performance on quality; ``(iii) quality improvement initiatives, including those aimed at improving care for special and hard-to-reach populations, and those directed to managed care entities; and ``(iv) such other Secretary-approved activities and initiatives that a State may pursue to encourage quality improvement and patient-focused high value care. ``(B) State option to establish criteria.--A State may establish criteria for the State performance program carried out under subparagraph (A) that limits the award to a particular provider or entity type, that limits application to a specific geographic area, or that directs incentive programs for quality-related activities for specific populations, including individuals eligible under this title and title XVIII and hard-to-reach populations. ``(C) Remaining bonus funds.--A State may designate up to 25 percent of the bonus funds paid to the State under this subsection for a fiscal year for activities related to the goals and purposes of the State program under this title.''.

Summary: Medicaid and Chip Quality Improvement Act of 2016 This bill amends titles XI (General Provisions) and XIX (Medicaid) of the Social Security Act to expand reporting requirements with respect to the quality of care provided under Medicaid and the Children's Health Insurance Program (CHIP). Current law requires a state that contracts with a Medicaid managed organization to develop and implement a quality assessment and improvement strategy. The bill extends this requirement to state contracts with providers of comparable primary care case management services and other health care services under Medicaid. With respect to adults eligible for Medicaid and children enrolled in Medicaid or CHIP, a state must report annually on quality measures identified by the Centers for Medicare & Medicaid Services (CMS). Such reporting shall be stratified by service delivery system. CMS shall establish a Medicaid Quality Performance Bonus fund to award states for high attainment and improvement on a core set of quality measures. A state must designate at least 75% of any bonus funds for the development and operation of quality-related initiatives that will directly benefit providers or managed care entities participating in, or under a waiver of, the state plan for medical assistance. A state may use the remainder of such funds for activities related to the goals and purposes of the state plan.


SECTION 1. SHORT TITLE. This Act may be cited as the ``National Materials Corridor Partnership Act of 1999''. SEC. 2. FINDINGS. Congress finds that-- (1) the region adjacent to the 2,000-mile border between the United States and Mexico is an important region for energy- intensive manufacturing and materials industries critical to the economic and social wellbeing of both countries; (2) there are currently more than 800 multinational firms (including firms known as ``maquiladoras'') representing United States investments of more than $1,000,000,000 in the San Diego, California, and Tijuana, Baja California, border region and in the El Paso, Texas, and Juarez, Chihuahua, border region; (3) materials and materials-related industries comprise a major portion of the industries operating on both sides of the border, amounting to more than $6,800,000,000 in annual commerce on the Mexican side alone; (4) there are a significant number of major institutions in the border States of both countries currently conducting academic and research activities in materials; (5)(A) the United States Government currently invests approximately $1,000,000,000 annually in materials research, of which, in 1996, the Department of Energy funded the largest proportion of civilian materials research; and (B) there are also major materials programs at the National Science Foundation, the National Institute of Standards and Technology, and Department of Defense, among other entities; (6) the United States and Mexico have invested heavily in domestic and binational cooperative programs to address major concerns for the natural resources, environment, and public health of the United States-Mexico border region, expending hundreds of millions of dollars annually in those efforts; (7)(A) scientific and technical advances in materials and materials processing provide major opportunities for-- (i) significantly improving energy efficiency; (ii) reducing emissions of global climate change gases; (iii) using recycled natural resources as primary materials for industrial production; and (iv) minimizing industrial wastes and pollution; and (B) such advances will directly benefit both sides of the United States-Mexico border by encouraging energy efficient, environmentally sound economic development that protects the health and natural resources of the border region; (8)(A) promoting clean materials industries in the border region that are energy efficient has been identified as a high priority issue by the United States-Mexico Foundation for Science Cooperation; and (B) at the 1998 discussions of the United States-Mexico Binational Commission, Mexico formally proposed joint funding of a ``Materials Corridor Partnership Initiative'', proposing $1,000,000 to implement the Initiative if matched by the United States; (9) recognizing the importance of materials and materials processing, academic and research institutions in the border States of both the United States and Mexico, in conjunction with private sector partners of both countries, and with strong endorsement from the Government of Mexico, in 1998 organized the Materials Corridor Council to implement a cooperative program of materials research and development, education and training, and sustainable industrial development as part of the Materials Corridor Partnership Initiative; and (10) successful implementation of the Materials Corridor Partnership Initiative would advance important United States energy, environmental, and economic goals not only in the United States-Mexico border region but also as a model for similar collaborative materials initiatives in other regions of the world. SEC. 3. PURPOSE. The purpose of this Act is to establish a multiagency program in support of the Materials Corridor Partnership Initiative referred to in section 2(8) to promote energy efficient, environmentally sound economic development along the United States-Mexico border through the research, development, and use of new materials technology. SEC. 4. DEFINITIONS. In this Act: (1) Program.--The term ``program'' means the program established under section 5(a). (2) Secretary.--The term ``Secretary'' means the Secretary of Energy. SEC. 5. ESTABLISHMENT AND IMPLEMENTATION OF THE PROGRAM. (a) Establishment.-- (1) In general.--The Secretary shall establish a comprehensive program to promote energy efficient, environmentally sound economic development along the United States-Mexico border through the research, development, and use of new materials technology. (2) Considerations.--In developing the program, the Secretary shall give due consideration to the proposal made to the United States-Mexico Binational Commission for the Materials Corridor Partnership Initiative. (b) Participation of Other Federal Agencies.--The Secretary shall organize and conduct the program jointly with-- (1) the Department of State; (2) the Environmental Protection Agency; (3) the National Science Foundation; (4) the National Institute of Standards and Technology; and (5) any other departments or agencies the participation of which the Secretary considers appropriate. (c) Participation of the Private Sector.--When appropriate, funds made available under this Act shall be made available for research and development or education and training activities that are conducted with the participation and support of private sector organizations located in the United States and, subject to section 7(c)(2), Mexico, to promote and accelerate in the United States-Mexico border region the use of energy efficient, environmentally sound technologies and other advances resulting from the program. (d) Mexican Resource Contributions.--The Secretary shall-- (1) encourage public, private, nonprofit, and academic organizations located in Mexico to contribute significant financial and other resources to the program; and (2) take any such contributions into account in conducting the program. (e) Transfer of Technology From National Laboratories.--In conducting the program, the Secretary shall emphasize the transfer and use of materials technology developed by the national laboratories of the Department of Energy before the date of enactment of this Act. SEC. 6. ACTIVITIES AND MAJOR PROGRAM ELEMENTS. (a) Activities.--Funds made available under this Act shall be made available for research and development and education and training activities that are primarily focused on materials, and the synthesis, processing, and fabrication of materials, that promote-- (1) improvement of energy efficiency; (2) elimination or minimization of emissions of global climate change gases and contaminants; (3) minimization of industrial wastes and pollutants; and (4) use of recycled resources as primary materials for industrial production. (b) Major Program Elements.-- (1) In general.--The program shall have the following major elements: (A) Applied research, focused on maturing and refining materials technologies to demonstrate the feasibility or utility of the materials technologies. (B) Basic research, focused on the discovery of new knowledge that may eventually prove useful in creating materials technologies to promote energy efficient, environmentally sound manufacturing. (C) Education and training, focused on educating and training scientists, engineers, and workers in the border region in energy efficient, environmentally sound materials technologies. (2) Applied research.--Applied research projects under paragraph (1)(A) should typically involve significant participation from private sector organizations that would use or sell such a technology. (3) Basic research.--Basic research projects conducted under paragraph (1)(B) should typically be led by an academic or other research institution. SEC. 7. PARTICIPATION OF DEPARTMENTS AND AGENCIES OTHER THAN THE DEPARTMENT OF ENERGY. (a) Agreement.--Not later than 120 days after the date of enactment of this Act, the Secretary shall enter into an agreement with the departments and agencies referred to in section 5(b) on the coordination and implementation of the program. (b) Actions of Departments and Agencies.--Any action of a department or agency under an agreement under subsection (a) shall be the responsibility of that department or agency and shall not be subject to approval by the Secretary. (c) Use of Funds.-- (1) In general.--The Secretary and the departments and agencies referred to in section 5(b) may use funds made available for the program for research and development or education and training activities carried out by-- (A) State and local governments and academic, nonprofit, and private organizations located in the United States; and (B) State and local governments and academic, nonprofit, and private organizations located in Mexico. (2) Condition.--Funds may be made available to a State or local government or organization located in Mexico only if a government or organization located in Mexico (which need not be the recipient of the funds) contributes a significant amount of financial or other resources to the project to be funded. (d) Transfer of Funds.--The Secretary may transfer funds to the departments and agencies referred to in section 5(b) to carry out the responsibilities of the departments and agencies under this Act. SEC. 8. PROGRAM ADVISORY COMMITTEE. (a) Establishment.-- (1) In general.--The Secretary shall establish an advisory committee consisting of representatives of the private, academic, and public sectors. (2) Considerations.--In establishing the advisory committee, the Secretary shall take into consideration organizations in existence on the date of enactment of this Act, such as the Materials Corridor Council and the Business Council for Sustainable Development-Gulf Mexico. (b) Consultation and Coordination.--Departments and agencies of the United States to which funds are made available under this Act shall consult and coordinate with the advisory committee in identifying and implementing the appropriate types of projects to be funded under this Act. SEC. 9. FINANCIAL AND TECHNICAL ASSISTANCE. (a) In General.--Federal departments and agencies participating in the program may provide financial and technical assistance to other organizations to achieve the purpose of the program. (b) Applied Research.-- (1) Use of cooperative agreements.-- (A) In general.--Federal departments and agencies shall, to the extent practicable, use cooperative agreements to fund applied research activities by organizations outside the Federal Government. (B) National laboratories.--In the case of an applied research activity conducted by a national laboratory, a funding method other than a cooperative agreement may be used if such a funding method would be more administratively convenient. (2) Federal share.-- (A) In general.--The Federal Government shall pay not more than 50 percent of the cost of applied research activities under the program. (B) Qualified funding and resources.--No funds or other resources expended either before the start of a project under the program or outside the scope of work covered by the funding method determined under paragraph (1) shall be credited toward the non-Federal share of the cost of the project. (c) Basic Research and Education and Training.-- (1) In general.--Federal departments and agencies shall, to the extent practicable, use grants to fund basic research and education and training activities by organizations outside the Federal Government. (2) National laboratories.--In the case of a basic research or education activity conducted by a national laboratory, a funding method other than a grant may be used if such a funding method would be more administratively convenient. (3) Federal share.--The Federal Government may fund 100 percent of the cost of the basic research and education and training activities of the program. (d) Competitive Selection.--All projects funded under the program shall be competitively selected using such selection criteria as the Secretary, in consultation with the departments and agencies referred to in section 5(b), determines to be appropriate. (e) Accounting Standards.-- (1) Waiver.--To facilitate participation in the program, Federal departments and agencies may waive any requirements for Government accounting standards by organizations that have not established such standards. (2) GAAP.--Generally accepted accounting principles shall be sufficient for projects under the program. (f) No Construction.--No program funds may be used for construction. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this Act $5,000,000 for each of fiscal years 2000 through 2004.

Summary: National Materials Corridor Partnership Act of 1999 - Directs the Secretary of Energy to: (1) establish a comprehensive program to promote energy efficient, environmentally sound economic development along the United States-Mexico border through the research, development, and use of new materials technology; (2) give due consideration to the proposal made to the United States-Mexico Binational Commission for the Materials Corridor Partnership Initiative; (3) organize and conduct the program jointly with designated Federal agencies; and (4) emphasize the transfer and use of materials technology developed by the national laboratories of the Department of Energy. (Sec. 6) Mandates that activities funded under this Act be primarily focused upon materials that promote: (1) improved energy efficiency; (2) elimination or minimization of emissions of global climate change gases and contaminants; (3) minimization of industrial wastes and pollutants; and (4) use of recycled resources as primary materials for industrial production. Sets forth guidelines for major program elements and for participation by Federal departments and agencies. (Sec. 8) Directs the Secretary to establish an advisory committee consisting of representatives of the private, academic, and public sectors to consult and coordinate with Federal entities in identifying and implementing the appropriate projects to be funded under this Act. (Sec. 9) Prescribes financial and technical assistance guidelines. Authorizes appropriations.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Country of Origin Labeling Amendment Act of 2003''. SEC. 2. REVISED COUNTRY OF ORIGIN LABELING REQUIREMENTS. The Agricultural Marketing Act of 1946 is amended by striking subtitle D (7 U.S.C. 1638 et seq.) and inserting the following new subtitle: ``Subtitle D--Country of Origin Labeling ``SEC. 281. DEFINITIONS. ``In this subtitle: ``(1) Beef.--The term `beef' means meat produced from cattle (including veal). ``(2) Covered commodity.-- ``(A) In general.--The term `covered commodity' means-- ``(i) muscle cuts of beef, lamb, and pork; ``(ii) ground beef, ground lamb, and ground pork; ``(iii) farm-raised fish; ``(iv) wild fish; ``(v) a perishable agricultural commodity; and ``(vi) peanuts. ``(B) Exclusions.--The term `covered commodity' does not include an item described in subparagraph (A) if the item is an ingredient in a processed food item. ``(3) Farm-raised fish.--The term `farm-raised fish' includes-- ``(A) farm-raised shellfish; and ``(B) fillets, steaks, nuggets, and any other flesh from a farm-raised fish or shellfish. ``(4) Food service establishment.--The term `food service establishment' means a restaurant, cafeteria, lunch room, food stand, saloon, tavern, bar, lounge, or other similar facility operated as an enterprise engaged in the business of selling food to the public. The term may include a retailer, but only to the extent that the retailer provides a salad bar or prepared-food bar containing ready-to-eat food that the consumer packages for purchase. ``(5) Lamb.--The term `lamb' means meat, other than mutton, produced from sheep. ``(6) Perishable agricultural commodity; retailer.--The terms `perishable agricultural commodity' and `retailer' have the meanings given the terms in section 1(b) of the Perishable Agricultural Commodities Act of 1930 (7 U.S.C. 499a(b)). ``(7) Pork.--The term `pork' means meat produced from hogs. ``(8) Secretary.--The term `Secretary' means the Secretary of Agriculture, acting through the Agricultural Marketing Service. ``(9) Wild fish.-- ``(A) In general.--The term `wild fish' means naturally born or hatchery-raised fish harvested in the wild and shellfish harvested in the wild. ``(B) Inclusions.--The term `wild fish' includes a fillet, steak, nugget, and any other flesh from wild fish or shellfish. ``(C) Exclusions.--The term `wild fish' excludes netpen aquacultural or other farm-raised fish. ``SEC. 282. NOTICE OF COUNTRY OF ORIGIN. ``(a) Notice of Country of Origin Required.--Except as provided in subsection (c), a retailer of a covered commodity shall inform consumers, at the final point of sale of the covered commodity to consumers, of the country of origin of the covered commodity. ``(b) United States Country of Origin.--A retailer of a covered commodity may designate the covered commodity as having a United States country of origin only if the covered commodity-- ``(1) in the case of beef, is exclusively from an animal that is exclusively born, raised, and slaughtered in the United States (including from an animal exclusively born and raised in Alaska or Hawaii and transported for a period not to exceed 60 days through Canada to the United States and slaughtered in the United States); ``(2) in the case of lamb and pork, is exclusively from an animal that is exclusively born, raised, and slaughtered in the United States; ``(3) in the case of farm-raised fish, is hatched, raised, harvested, and processed in the United States; ``(4) in the case of wild fish-- ``(A) is harvested in the United States or a territory of the United States, if the wild fish is harvested in a river, stream, or lake; or ``(B) is harvested by a vessel that is documented under chapter 121 of title 46, United States Code, or registered in the United States, if the wild fish is harvested at sea; and ``(5) in the case of a perishable agricultural commodity or peanuts, is exclusively produced in the United States. ``(6) Wild fish and farm-raised fish.--The notice of country of origin for wild fish and farm-raised fish shall distinguish between wild fish and farm-raised fish. ``(c) Exemption for Food Service Establishments.--Subsection (a) shall not apply to a covered commodity if the covered commodity is-- ``(1) prepared or served in a food service establishment; and ``(2)(A) offered for sale or sold at the food service establishment in normal retail quantities; or ``(B) served to consumers at the food service establishment. ``(d) Method of Notification.-- ``(1) In general.--The information required by subsection (a) may be provided to consumers by means of a label, stamp, mark, placard, or other clear and visible sign on the covered commodity or on the package, display, holding unit, or bin containing the commodity at the final point of sale to consumers. ``(2) Labeled commodities.--If the covered commodity is already individually or otherwise labeled for retail sale regarding country of origin, the retailer shall not be required to provide any additional information to comply with this section. ``(e) Use of Existing Records to Verify Compliance.--The Secretary shall use existing records, such as inventory and tax records, to verify that any person that prepares, stores, handles, or distributes a covered commodity for retail sale complies with this subtitle, including the regulations promulgated under section 284(b). Such records may be maintained at the point of sale or at a centralized distribution center. ``(f) Information on Country of Origin.--Any person engaged in the business of supplying a covered commodity to a retailer shall provide information to the retailer indicating the country of origin of the covered commodity. ``(g) Certification of Origin.-- ``(1) Certification program.--The Secretary shall carry out a program that provides for the self-certification by producers of the country of origin of covered commodities. In establishing the program, the Secretary shall use as a model the procedures contained in part 589.2000 of title 21, Code of Federal Regulations, regarding animal proteins prohibited in ruminant feed. ``(2) Third party audits.--Except as provided in paragraph (3), the Secretary shall prohibit any third party audit or verification of producer compliance with country of origin labeling. ``(3) Verification.--To verify producer compliance with country of origin requirements under the certification program, the Secretary shall use Department of Agriculture records of imports and existing producer records, such as tax records, sale receipts, brand records, feed bills, birth records, receiving records, breeding stock records, health records, or animal inventory records. ``(h) Producer Protection.--A retailer or other person subject to this section may not require, as a condition of the purchase of beef, lamb, or pork or of live cattle, hogs, or sheep from a producer or packer, that the producer or packer-- ``(1) indemnify the retailer or other person from any liability arising from a violation of this section; or ``(2) produce records or other documentation to verify the country of origin of the beef, lamb, or pork or of the live cattle, hogs, or sheep. ``SEC. 283. ENFORCEMENT. ``(a) In General.--Except as provided in subsections (b) and (c), section 253 shall apply to a violation of this subtitle in addition to violations of subtitle B. ``(b) Warnings.--If the Secretary determines that a retailer is in violation of section 282, the Secretary shall-- ``(1) notify the retailer of the determination of the Secretary; and ``(2) provide the retailer a 30-day period, beginning on the date on which the retailer receives the notice under paragraph (1) from the Secretary, during which the retailer may take necessary steps to comply with section 282. ``(c) Civil Penalty.--If, on completion of the 30-day period described in subsection (b)(2), the Secretary determines that the retailer has willfully violated section 282, after providing notice and an opportunity for a hearing before the Secretary with respect to the violation, the Secretary may assess a civil penalty against the retailer in an amount of $100 for the first day of the violation. The civil penalty amount shall double for each subsequent day that the retailer is in noncompliance for the same violation, except that the total amount of the civil penalty assessed for a single violation may not exceed $5,000. ``(d) Adulteration and Misbranding.--The Secretary may not treat a covered commodity as either adulterated or misbranded under the Federal Meat Inspection Act (7 U.S.C. 601 et seq.) or any other provision of law by reason of the failure of the covered commodity to comply with the country of origin requirements of section 282. ``SEC. 284. REGULATIONS. ``(a) Regulations.--Not later than September 30, 2004, the Secretary shall promulgate such regulations as are necessary to implement this subtitle. ``(b) Partnerships With States.--In promulgating the regulations, the Secretary shall, to the maximum extent practicable, enter into partnerships with States with enforcement infrastructure to assist in the administration of this subtitle. ``SEC. 285. APPLICABILITY. ``This subtitle shall apply to the retail sale of a covered commodity beginning September 30, 2004.''.

Summary: Country of Origin Labeling Amendment Act of 2003 - Amends the Agricultural Marketing Act of 1946 to revise country of origin labeling provisions, including: (1) specifying the model certification of origin program; (2) specifying producer protections; (3) reducing maximum retailer fines; (4) prohibiting treatment of country of origin violations as adulteration or misbranding; and (5) extending the implementing guideline deadline.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Corporate Responsibility Fee Act of 2017''. SEC. 2. IMPOSITION OF EXCISE TAX ON CORPORATIONS WITH LOW-WAGE EMPLOYEES. (a) In General.--Subtitle D of the Internal Revenue Code of 1986 is amended by adding after chapter 36 the following new chapter: ``CHAPTER 37--CORPORATE RESPONSIBILITY TAX ``Sec. 4511. Imposition of tax. ``SEC. 4511. IMPOSITION OF TAX. ``(a) In General.--In the case of an applicable employer who employs a low-wage employee during the calendar year, there is imposed a tax equal to the applicable percentage of the aggregate amount of wages paid by the applicable employer with respect to employment of all employees of the employer during the calendar year. ``(b) Applicable Employer; Low-Wage Employee.--For purposes of this section-- ``(1) Applicable employer.-- ``(A) In general.--The term `applicable employer' means, with respect to any calendar year, any employer who was required to make deposits of taxes under chapters 21 and 24 (or who would have been required to make such deposits if the rules of subparagraph (C) applied for such purposes) by the close of the next day for periods aggregating more than 180 days during the preceding calendar year. ``(B) Exception.--Such term shall not include a Federal or other governmental entity or a church or qualified church organization (as such terms are defined in section 3121(w)(3)). ``(C) Aggregation rules.--The rules of subsections (b), (c), (m), and (o) of section 414 shall apply for purposes of this section, except that in applying subsections (b) and (c) of such section, the phrase `more than 50 percent' shall be substituted for the phrase `more than 80 percent' each place it appears. ``(2) Low-wage employee.-- ``(A) In general.--The term `low-wage employee' means any employee who receives wages from an applicable employer during the calendar year in an amount less than 218 percent of the Federal poverty line (within the meaning of section 2110(c)(5) of the Social Security Act) for an individual. Rules similar to the rules of section 36B(d)(3)(B) shall apply for purposes of this subparagraph. ``(B) Employees employed for less than entire year.--In the case of any employee employed by an applicable taxpayer for less than the entire calendar year, the amount described in subparagraph (A) shall be reduced by an amount which bears the same ratio to such amount as-- ``(i) the number of weeks during the calendar year in which such individual was not an employee of such applicable employer, bears to ``(ii) 52. ``(c) Applicable Percentage.--For purposes of subsection (a)-- ``(1) In general.-- ``(A) Determination.--The applicable percentage shall be determined as follows: ------------------------------------------------------------------------ ``In the case of an applicable employer with a low-wage The applicable employee ratio of: percentage is: ------------------------------------------------------------------------ 25% or less............................................. 25% Greater than 25% but not greater than 50%............... 50% Greater than 50%, but not greater than 75%.............. 75% Greater than 75%........................................ 100%. ------------------------------------------------------------------------ ``(B) Low-wage employee ratio.--For purposes of subparagraph (A), the low-wage employee ratio with respect to any applicable employer is the ratio (expressed as a percentage) of-- ``(i) the number of low-wage employees employed by the applicable employer during the calendar year, to ``(ii) the total number of individuals employed by the applicable employer during such calendar year. ``(2) Health and retirement offset.-- ``(A) In general.--In the case of an applicable employer who meets the requirements of subparagraph (B), the applicable percentage shall be reduced (but not below zero) by 25 percentage points. ``(B) Requirements.--An applicable employer meets the requirements of this subparagraph if such applicable employer-- ``(i) offers to all full-time low-wage employees (and their spouse and dependents) the opportunity to enroll for all months during the calendar year in minimum essential coverage under an eligible employer sponsored health plan (as defined in section 5000A(f)(2)) for which-- ``(I) the plan's share of the allowed costs of benefits provided under the plan is not less than 60 percent of such costs, and ``(II) the required contribution (within the meaning of section 5000A(e)(1)(B)) of the employee does not exceed the applicable percentage of the annual wages paid to the employee by the applicable employer, and ``(ii) meets the retirement plan requirements of subsection (d) for all employees who are low-wage employees. For purposes of clause (i)(II), the applicable percentage is the percentage in effect under section 36B(c)(2)(B)(II) for the plan year. ``(d) Retirement Plan Requirements.-- ``(1) In general.--The requirements of this subsection are met for any calendar year with respect to an employee of the applicable employer who is a low-wage employee if the employee is eligible to participate in one or more applicable eligible retirement plans maintained by the applicable employer (or any member of the group of employers treated as an applicable employer under subsection (b)(1)(C)) for a plan year ending with or within the calendar year. ``(2) Applicable eligible retirement plan.--For purposes of this subsection, the term `applicable eligible retirement plan' means an eligible retirement plan which, with respect to the plan year described in paragraph (1), is either-- ``(A) a defined contribution plan which requires the employer to make nonelective contributions of at least 5 percent of the compensation of the employee, or ``(B) a defined benefit plan-- ``(i) with respect to which the accrued benefit of the employee derived from employer contributions, when expressed as an annual retirement benefit, is not less than the product of-- ``(I) the lesser of 2 percent multiplied by the employee's years of service (determined under the rules of paragraphs (4), (5), and (6) of section 411(a)) with the employer or 20 percent, multiplied by ``(II) the employee's final average pay, or ``(ii) which is an applicable defined benefit plan (as defined in section 411(a)(13)(B))-- ``(I) which meets the interest credit requirements of section 411(b)(5)(B)(i) with respect to the plan year, and ``(II) under which the employee receives a pay credit for the plan year which is not less than 5 percent of compensation. ``(3) Definitions and special rules.--For purposes of this subsection-- ``(A) Eligible retirement plan.--The term `eligible retirement plan' has the meaning given such term by section 402(c)(8)(B), except that in the case of an account or annuity described in clause (i) or (ii) thereof, such term shall only include an account or annuity which is a simplified employee pension (as defined in section 408(k)). ``(B) Final average pay.--For purposes of paragraph (2)(B)(i)(II), final average pay shall be determined using the period of consecutive years (not exceeding 5) during which the employee had the greatest compensation from the applicable employer. ``(C) Alternative plan designs.--The Secretary may prescribe regulations for an applicable employer to meet the requirements of this subsection through a combination of defined contribution plans or defined benefit plans described in paragraph (1) or through a combination of both such types of plans. ``(D) Plans must meet requirements without taking into account social security and similar contributions and benefits.--A rule similar to the rule of section 416(e) shall apply. ``(E) Certain employees may be excluded.--For purposes of paragraph (2)(B)(ii), an employer shall not be treated as failing to meet the requirements of this subsection with respect to employees-- ``(i) who have not attained the age of 21 before the close of a plan year, ``(ii) who have less than 1 year of service with the employer as of any day during the plan year, ``(iii) who are covered under an agreement which the Secretary of Labor finds to be a collective bargaining agreement if there is evidence that the benefits covered under the plan were the subject of good faith bargaining between employee representatives and the employer, or ``(iv) who are described in section 410(b)(3)(C) (relating to nonresident aliens working outside the United States). ``(e) Definitions and Special Rules.--For purposes of this section-- ``(1) Wages.--The term `wages' has the meaning given such term by section 3121(a) (determined without regard to any dollar limitation contained in such section). ``(2) Allocation of tax.--The Secretary shall prescribe such rules as necessary for the allocation of the tax imposed by subsection (a) among different entities treated as a single employer under subsection (b)(1)(C).''. (b) Conforming Amendment.--The table of chapters of the Internal Revenue Code of 1986 is amended by inserting after the item relating to chapter 36 the following new item: ``Chapter 37--Corporate Responsibility Tax''. (c) Effective Date.--The amendments made by this section shall apply to calendar years beginning after the date of the enactment of this Act.

Summary: Corporate Responsibility Fee Act of 2017 This bill amends the Internal Revenue Code to impose a specified excise tax on certain employers who employ low-wage employees during the taxable year. A "low-wage" employee is an employee who receives wages from the employer that are less than 218% of the federal poverty line. The bill reduces the amount of the tax for employers who provide certain health and retirement benefits to low-wage employees. Government employers, churches, and church organizations are exempt from the tax.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Trade and Environment Enforcement Act'' or ``Green 301 Act''. SEC. 2. ENVIRONMENTAL PROTECTION IN TRADE RELATIONS. Section 301(d)(3)(B) of the Trade Act of 1974 (19 U.S.C. 2411(d)(3)(B)) is amended-- (1) in clause (ii), by striking ``or'' at the end; (2) in clause (iii)(V), by striking the period at the end and inserting ``, or''; and (3) by adding at the end the following new clause: ``(iv) constitutes a persistent pattern of conduct that-- ``(I) fails to effectively enforce the environmental laws of a foreign country; ``(II) waives or otherwise derogates from the environmental laws of a foreign country or weakens the protections afforded by such laws; ``(III) fails to provide for judicial or administrative proceedings giving access to remedies for violations of the environmental laws of a foreign country; ``(IV) fails to provide appropriate and effective sanctions or remedies for violations of the environmental laws of a foreign country; or ``(V) fails to effectively enforce environmental commitments in agreements to which a foreign country and the United States are a party.''. SEC. 3. IDENTIFICATION OF FOREIGN COUNTRY TRADE PRACTICES THAT NEGATIVELY AFFECT THE ENVIRONMENT. (a) In General.--Chapter 1 of title III of the Trade Act of 1974 (19 U.S.C. 2411 et seq.) is amended by adding at the end the following: ``SEC. 311. IDENTIFICATION OF FOREIGN COUNTRY TRADE PRACTICES THAT NEGATIVELY AFFECT THE ENVIRONMENT. ``(a) Identification.-- ``(1) In general.--The Trade Representative shall identify those foreign country trade practices that cause negative environmental impacts on the protection of human, animal, or plant life or health, or the conservation of exhaustible natural resources in the United States, the foreign country, a third country, or internationally. ``(2) Factors.--In identifying foreign country trade practices under paragraph (1), the Trade Representative shall take into account all relevant factors, including-- ``(A) the strength of the connection between trade and the negative environmental impact; ``(B) the significance of the negative environmental impact on the protection of human, animal or plant life or health, or the conservation of exhaustible natural resources; and ``(C) the costs and benefits of mitigating the negative environmental impact through the remedies described in this section. ``(3) Consultation.--In identifying foreign country trade practices under paragraph (1), the Trade Representative shall provide the opportunity for input by and consultation with interested persons, including private or nongovernmental organizations working towards environmental protection or conservation, domestic industrial users of any goods that may be affected by this section, and appropriate Federal departments and agencies. ``(b) Report.-- ``(1) In general.--Not later than 270 days after the date of submission of a report under section 181(b) of this Act, and every 2 years thereafter, the Trade Representative shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate and publish in the Federal Register a report on the foreign country trade practices identified under subsection (a). ``(2) Matters to be included.--The Trade Representative may include in the report, if appropriate-- ``(A) a description of other foreign country trade practices that may in the future warrant inclusion in the report as foreign country trade practices that negatively affect the environment; and ``(B) a statement regarding other foreign country trade practices that negatively affect the environment that have not been identified because they are subject to other provisions of United States trade law, existing bilateral trade agreements, or trade negotiations, and progress is being made toward the mitigation, reduction, or elimination of the negative environmental impacts of such foreign country trade practices.''. (b) Clerical Amendment.--The table of contents for the Trade Act of 1974 is amended by inserting after the item relating to section 310 the following new item: ``Sec. 311. Identification of foreign country trade practices that negatively affect the environment.''.

Summary: Trade and Environment Enforcement Act or Green 301 Act - Amends the Trade Act of 1974 to authorize the U.S. Trade Representative (USTR) to take certain discretionary trade action against foreign countries that engage in unreasonable acts, policies, or practices that fail to enforce their environmental laws effectively. Directs the USTR to identify foreign country trade practices that affect negatively the environment of the United States, the foreign country, a third country, or internationally.