Input:
SECTION 1. SHORT TITLE; ETC.

    (a) Short Title.--This Act may be cited as the ``Cut Energy Bills
at Home Act''.
    (b) Amendment of 1986 Code.--Except as otherwise expressly
provided, whenever in this Act an amendment or repeal is expressed in
terms of an amendment to, or repeal of, a section or other provision,
the reference shall be considered to be made to a section or other
provision of the Internal Revenue Code of 1986.

SEC. 2. PERFORMANCE BASED HOME ENERGY IMPROVEMENTS.

    (a) In General.--Subpart A of part IV of subchapter A of chapter 1
is amended by adding at the end the following new section:

``SEC. 25E. PERFORMANCE BASED ENERGY IMPROVEMENTS.

    ``(a) In General.--In the case of an individual, there shall be
allowed as a credit against the tax imposed by this chapter for the
taxable year for a qualified whole home energy efficiency retrofit an
amount determined under subsection (b).
    ``(b) Amount Determined.--
            ``(1) In general.--Subject to paragraph (4), the amount
        determined under this subsection is equal to--
                    ``(A) the base amount under paragraph (2),
                increased by
                    ``(B) the amount determined under paragraph (3).
            ``(2) Base amount.--For purposes of paragraph (1)(A), the
        base amount is $2,000, but only if the energy use for the
        residence is reduced by at least 20 percent below the baseline
        energy use for such residence as calculated according to
        paragraph (5).
            ``(3) Increase amount.--For purposes of paragraph (1)(B),
        the amount determined under this paragraph is $500 for each
        additional 5 percentage point reduction in energy use.
            ``(4) Limitation.--In no event shall the amount determined
        under this subsection exceed the lesser of--
                    ``(A) $5,000 with respect to any residence, or
                    ``(B) 30 percent of the qualified home energy
                efficiency expenditures paid or incurred by the
                taxpayer under subsection (c) with respect to such
                residence.
            ``(5) Determination of energy use reduction.--For purposes
        of this subsection--
                    ``(A) In general.--The reduction in energy use for
                any residence shall be determined by modeling the
                annual predicted percentage reduction in total energy
                costs for heating, cooling, hot water, and permanent
                lighting. It shall be modeled using computer modeling
                software approved under subsection (d)(2) and a
                baseline energy use calculated according to subsection
                (d)(1)(C).
                    ``(B) Energy costs.--For purposes of subparagraph
                (A), the energy cost per unit of fuel for each fuel
                type shall be determined by dividing the total actual
                energy bill for the residence for that fuel type for
                the most recent available 12-month period by the total
                energy units of that fuel type used over the same
                period.
    ``(c) Qualified Home Energy Efficiency Expenditures.--For purposes
of this section, the term `qualified home energy efficiency
expenditures'--
            ``(1) means any amount paid or incurred by the taxpayer
        during the taxable year for a qualified whole home energy
        efficiency retrofit, including the cost of diagnostic
        procedures, labor, and modeling,
            ``(2) includes only measures that have an average estimated
        life of 5 years or more as determined by the Secretary, after
        consultation with the Secretary of Energy,
            ``(3) does not include any amount which is paid or incurred
        in connection with any expansion of the building envelope of
        the residence, and
            ``(4) does not include improvements to swimming pools or
        hot tubs or any other expenditure specifically excluded by the
        Secretary, after consultation with the Secretary of Energy.
    ``(d) Qualified Whole Home Energy Efficiency Retrofit.--For
purposes of this section--
            ``(1) In general.--The term `qualified whole home energy
        efficiency retrofit' means the implementation of measures
        placed in service during the taxable year intended to reduce
        the energy use of the principal residence of the taxpayer which
        is located in the United States. A qualified whole home energy
        efficiency retrofit shall--
                    ``(A) be designed, implemented, and installed by a
                contractor which is--
                            ``(i) accredited by the Building
                        Performance Institute (hereafter in this
                        section referred to as `BPI') or a preexisting
                        BPI accreditation-based State certification
                        program with enhancements to achieve State
                        energy policy,
                            ``(ii) a Residential Energy Services
                        Network (hereafter in this section referred to
                        as `RESNET') accredited Energy Smart Home
                        Performance Team, or
                            ``(iii) accredited by an equivalent
                        certification program approved by the
                        Secretary, after consultation with the
                        Secretary of Energy, for this purpose,
                    ``(B) install a set of measures modeled to achieve
                a reduction in energy use of at least 20 percent below
                the baseline energy use established in subparagraph
                (C), using computer modeling software approved under
                paragraph (2),
                    ``(C) establish the baseline energy use by
                calibrating the model using sections 3 and 4 and Annex
                D of BPI Standard BPI-2400-S-2011: Standardized
                Qualification of Whole House Energy Savings Estimates,
                or an equivalent standard approved by the Secretary,
                after consultation with Secretary of Energy, for this
                purpose,
                    ``(D) document the measures implemented in the
                residence through photographs taken before and after
                the retrofit, including photographs of its visible
                energy systems and envelope as relevant, and
                    ``(E) implement a test-out procedure, following
                guidelines of the applicable certification program
                specified under clause (i) or (ii) of subparagraph (A),
                or equivalent guidelines approved by the Secretary,
                after consultation with the Secretary of Energy, for
                this purpose, to ensure--
                            ``(i) the safe operation of all systems
                        post retrofit, and
                            ``(ii) that all improvements are included
                        in, and have been installed according to,
                        standards of the applicable certification
                        program specified under clause (i) or (ii) of
                        subparagraph (A), or equivalent standards
                        approved by the Secretary, after consultation
                        with the Secretary of Energy, for this purpose.
                For purposes of subparagraph (A)(iii), an organization
                or State may submit an equivalent certification program
                for approval by the Secretary, in consultation with the
                Secretary of Energy. The Secretary shall approve or
                deny such submission not later than 180 days after
                receipt, and, if the Secretary fails to respond in that
                time period, the submitted equivalent certification
                program shall be considered approved.
            ``(2) Approved modeling software.--For purposes of
        paragraph (1)(B), the contractor shall use modeling software
        certified by RESNET as following the software verification test
        suites in section 4.2.1 of RESNET Publication No. 06-001 or
        certified by an alternative organization as following an
        equivalent standard, as approved by the Secretary, after
        consultation with the Secretary of Energy, for this purpose.
            ``(3) Documentation.--The Secretary, after consultation
        with the Secretary of Energy, shall prescribe regulations
        directing what specific documentation is required to be
        retained or submitted by the taxpayer in order to claim the
        credit under this section, which shall include, in addition to
        the photographs under paragraph (1)(D), a form approved by the
        Secretary that is completed and signed by the qualified whole
        home energy efficiency retrofit contractor under penalties of
        perjury. Such form shall include--
                    ``(A) a statement that the contractor followed the
                specified procedures for establishing baseline energy
                use and estimating reduction in energy use,
                    ``(B) the name of the software used for calculating
                the baseline energy use and reduction in energy use,
                the percentage reduction in projected energy savings
                achieved, and a statement that such software was
                certified for this program by the Secretary, after
                consultation with the Secretary of Energy,
                    ``(C) a statement that the contractor will retain
                the details of the calculations and underlying energy
                bills for 5 years and will make such details available
                for inspection by the Secretary or the Secretary of
                Energy, if so requested,
                    ``(D) a list of measures installed and a statement
                that all measures included in the reduction in energy
                use estimate are included in, and installed according
                to, standards of the applicable certification program
                specified under clause (i) or (ii) of subparagraph (A),
                or equivalent standards approved by the Secretary,
                after consultation with the Secretary of Energy,
                    ``(E) a statement that the contractor meets the
                requirements of paragraph (1)(A), and
                    ``(F) documentation of the total cost of the
                project in order to comply with the limitation under
                subsection (b)(4)(B).
    ``(e) Additional Rules.--For purposes of this section--
            ``(1) No double benefit.--
                    ``(A) In general.--With respect to any residence,
                no credit shall be allowed under this section for any
                taxable year in which the taxpayer claims a credit
                under section 25C.
                    ``(B) Renewable energy systems and appliances.--In
                the case of a renewable energy system or appliance that
                qualifies for another credit under this chapter, the
                resulting reduction in energy use shall not be taken
                into account in determining the percentage energy use
                reductions under subsection (b).
                    ``(C) No double benefit for certain expenditures.--
                The term `qualified home energy efficiency
                expenditures' shall not include any expenditure for
                which a deduction or credit is claimed by the taxpayer
                under this chapter for the taxable year or with respect
                to which the taxpayer receives any Federal energy
                efficiency rebate.
            ``(2) Principal residence.--The term `principal residence'
        has the same meaning as when used in section 121.
            ``(3) Special rules.--Rules similar to the rules under
        paragraphs (4), (5), (6), (7), and (8) of section 25D(e) and
        section 25C(e)(2) shall apply, as determined by the Secretary,
        after consultation with the Secretary of Energy.
            ``(4) Basis adjustments.--For purposes of this subtitle, if
        a credit is allowed under this section with respect to any
        expenditure with respect to any property, the increase in the
        basis of such property which would (but for this paragraph)
        result from such expenditure shall be reduced by the amount of
        the credit so allowed.
            ``(5) Election not to claim credit.--No credit shall be
        determined under subsection (a) for the taxable year if the
        taxpayer elects not to have subsection (a) apply to such
        taxable year.
            ``(6) Multiple year retrofits.--If the taxpayer has claimed
        a credit under this section in a previous taxable year, the
        baseline energy use for the calculation of reduced energy use
        must be established after the previous retrofit has been placed
        in service.
    ``(f) Termination.--This section shall not apply with respect to
any costs paid or incurred after December 31, 2016.
    ``(g) Secretary Review.--The Secretary, after consultation with the
Secretary of Energy, shall establish a review process for the retrofits
performed, including an estimate of the usage of the credit and a
statistically valid analysis of the average actual energy use
reductions, utilizing utility bill data collected on a voluntary basis,
and report to Congress not later than June 30, 2014, any findings and
recommendations for--
            ``(1) improvements to the effectiveness of the credit under
        this section, and
            ``(2) expansion of the credit under this section to rental
        units.''.
    (b) Conforming Amendments.--
            (1) Section 1016(a) is amended--
                    (A) by striking ``and'' at the end of paragraph
                (36),
                    (B) by striking the period at the end of paragraph
                (37) and inserting ``, and'', and
                    (C) by adding at the end the following new
                paragraph:
            ``(38) to the extent provided in section 25E(e)(4), in the
        case of amounts with respect to which a credit has been allowed
        under section 25E.''.
            (2) Section 6501(m) is amended by inserting ``25E(e)(5),''
        after ``section''.
            (3) The table of sections for subpart A of part IV of
        subchapter A chapter 1 is amended by inserting after the item
        relating to section 25D the following new item:

``Sec. 25E. Performance based energy improvements.''.
    (c) Effective Date.--The amendments made by this section shall
apply to amounts paid or incurred for a qualified whole home energy
efficiency retrofit placed in service after December 31, 2011.

Output:
Cut Energy Bills at Home Act - Amends the Internal Revenue Code to allow individual taxpayers a tax credit for the cost of a qualified whole home energy efficiency retrofit for the purpose of reducing the energy use of the taxpayer's principal residence.  Limits the amount of such credit to the lesser of $5,000 or 30% of the qualified home energy efficiency expenditures paid by the taxpayer to reduce residential energy use. Sets forth requirements for a qualified whole home energy efficiency retrofit, including design, testing, and documentation requirements. Terminates such credit after 2016.

Directs the Secretary of the Treasury to establish a review process for home energy efficiency retrofits, including an estimate of usage of the tax credit and an analysis of the average actual energy use reductions.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Asset Forfeiture Responsibility Act
of 2011''.

SEC. 2. PURPOSE.

    The purpose of this Act is to strengthen and improve monitoring in
the fisheries across the United States.

SEC. 3. FISHERIES INVESTMENT FUND.

    (a) Establishment.--There is established in the general fund of the
Treasury a separate account, which shall be known as the ``Fisheries
Investment Fund''.
    (b) Source of Funds.--
            (1) In general.--All sums received by the United States as
        fines, penalties, and forfeitures of property for violations of
        any provision of the Magnuson-Stevens Fishery Conservation and
        Management Act (16 U.S.C. 1801 et seq.) or any other marine
        resource law enforced by the Secretary of Commerce shall be
        deposited into the Fisheries Investment Fund.
            (2) Availability of funds.--Fees deposited in the Fisheries
        Investment Fund State shall remain available until expended.
    (c) Use of Funds.--Fees deposited in the Fisheries Investment Fund
shall be used--
            (1) subject to subsection (d), to reimburse reasonable
        attorneys' fees to a covered person; and
            (2) to conduct--
                    (A) the audit required by subsection (e);
                    (B) enforcement activities as described in section
                311(e)(1) of the Magnuson-Stevens Fishery Conservation
                and Management Act (16 U.S.C. 1861(e)(1)), as amended
                by section 5; and
                    (C) monitoring activities as described in
                subsection (l) of section 305 of the Magnuson-Stevens
                Fishery Conservation and Management Act (16 U.S.C.
                1855(l)), as added by section 4.
    (d) Reimbursement of Attorneys' Fees.--
            (1) Authority to provide reimbursement.--During fiscal
        years 2012 and 2013, the Secretary of Commerce may reimburse
        the reasonable attorneys' fees of a covered person pursuant to
        subsection (c)(1).
            (2) Application.--A covered person seeking reimbursement
        under paragraph (1) shall submit to the Secretary an
        application for such reimbursement no more than 60 days after
        the date the Secretary directs a fisheries enforcement penalty
        be remitted to the covered person.
            (3) Definitions.--In this section:
                    (A) Covered person.--The term ``covered person''
                means any person--
                            (i) that the Secretary of Commerce has
                        directed be remitted a fisheries enforcement
                        penalty at the recommendation of the report of
                        Special Master Swartwood; or
                            (ii) that--
                                    (I) submitted a complaint to the
                                Special Master prior to May 7, 2011,
                                seeking remittance of a fisheries
                                enforcement penalty; and
                                    (II) the Secretary directs to
                                receive such remittance or a portion of
                                such remittance.
                    (B) Reasonable attorneys' fees.--The term
                ``reasonable attorneys' fees'' means attorneys' fees
                expended by a covered person--
                            (i) seeking remittance of a fisheries
                        enforcement penalty that the Secretary of
                        Commerce directs be remitted to the covered
                        person;
                            (ii) that were incurred by the covered
                        person prior to the date that is 60 days after
                        such fisheries enforcement penalty was directed
                        by the Secretary to be remitted to the covered
                        person; and
                            (iii) that the Secretary determines are
                        reasonable.
    (e) Audit.--For each of the fiscal years 2012, 2013, and 2014, the
Secretary of Commerce or the Secretary of the Treasury shall--
            (1) prepare an annual audit plan for the Fisheries
        Investment Fund;
            (2) submit each such audit plan to the Inspector General of
        the Department of Commerce or the Inspector General of the
        Department of the Treasury, as appropriate;
            (3) carry out the audit; and
            (4) submit the final audit results to the Inspector General
        of the Department of Commerce or the Inspector General of the
        Department of the Treasury, as appropriate, upon completion.
    (f) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated to
        Secretary of Commerce from the Fisheries Investment Fund for
        each fiscal year beginning with fiscal year 2012--
                    (A) for the reimbursement of reasonable attorneys'
                fees pursuant to subsection (d), the amount necessary
                to provide such reimbursement;
                    (B) for an audit required by subsection (e), the
                amount necessary to conduct such audit;
                    (C) for enforcement activities described in section
                311(e)(1) of the Magnuson-Stevens Fishery Conservation
                and Management Act (16 U.S.C. 1861(e)(1)), as amended
                by section 5, an amount that is not more than 33
                percent of the total remaining amount in the Fund; and
                    (D) for monitoring activities described in
                subsection (l) of section 305 of the Magnuson-Stevens
                Fishery Conservation and Management Act (16 U.S.C.
                1855), as added by section 4, the total remaining
                amount in the Fund less any amount appropriated
                pursuant to the authorization in subparagraph (C).
            (2) Total remaining amount in the fund.--In this
        subsection, the term ``total remaining amount in the Fund''
        means the following:
                    (A) For fiscal years 2012, the amount received by
                the United States in fiscal year 2011 as fines,
                penalties, and forfeitures of property for violations
                of any provision of the Magnuson-Stevens Fishery
                Conservation and Management Act (16 U.S.C. 1801 et
                seq.) or any other marine resource law enforced by the
                Secretary of Commerce less--
                            (i) the amount necessary to provide
                        reimbursement pursuant to paragraph (1)(A) for
                        fiscal year 2012; and
                            (ii) the amount necessary to conduct an
                        audit pursuant to paragraph (1)(B) for fiscal
                        year 2012.
                    (B) For a fiscal year after 2012, the amount
                deposited in the Fisheries Investment Fund for the
                prior fiscal year less--
                            (i) the amount necessary to provide
                        reimbursement pursuant to paragraph (1)(A) for
                        the current fiscal year; and
                            (ii) the amount necessary to conduct an
                        audit pursuant to paragraph (1)(B) for the
                        current fiscal year.

SEC. 4. USE OF FUNDS FOR MONITORING.

    Section 305 of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1855) is amended by adding at the end the
following new subsection:
    ``(l) Monitoring Activities.--
            ``(1) In general.--The Secretary may pay from sums
        appropriated to the Secretary for monitoring activities from
        the Fisheries Investment Fund established under section 3(a) of
        the Asset Forfeiture Responsibility Act of 2011 monitoring
        activities selected by the Councils, including, in order of
        priority--
                    ``(A) at-sea observers and shoreside monitoring;
                    ``(B) preparing fishery impact statements, as
                described in section 303(a)(9); and
                    ``(C) other priorities established by a Council as
                necessary to rebuild or maintain sustainable fisheries,
                ensure healthy ecosystems, and maintain fishing
                communities.
            ``(2) Allocation of funds among councils.--For each fiscal
        year, the sums appropriated to the Secretary for monitoring
        activities from the Fisheries Investment Fund established under
        section 3(a) of the Asset Forfeiture Responsibility Act of 2011
        and used to carry out monitoring activities under paragraph (1)
        shall be allocated among the Councils so that the proportion of
        such sums that a Council receives is equal to the proportion of
        the sums deposited in such Fund from violations occurring in
        the area over which that Council exercises fishery management
        jurisdiction.''.

SEC. 5. USE OF FUNDS FOR ENFORCEMENT.

    (a) In General.--Section 311(e) of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1861(e)) is amended--
            (1) in paragraph (1)--
                    (A) by amendment the material preceding
                subparagraph (A) to read as follows:
            ``(1) The Secretary may pay from sums appropriated to the
        Secretary for enforcement activities from the Fisheries
        Investment Fund established under section 3(a) of the Asset
        Forfeiture Responsibility Act of 2011--''; and
                    (B) by striking subparagraph (C); and
            (2) in paragraph (2), by moving such paragraph two ems to
        the left.
    (b) Conforming Amendment.--Section 311(f) of the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C. 1861(f)) is amended
by striking paragraph (4).

SEC. 6. EFFECTIVE DATE.

    This Act and the amendments made by this Act shall apply with
respect to sums received on or after the date of the enactment of this
Act.

Output:
Asset Forfeiture Responsibility Act of 2011 - Establishes the Fisheries Investment Fund as a separate account in the general fund of the Treasury where all sums received by the United States as fines, penalties, and forfeitures of property for violations of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) or any other marine resource law enforced by the Secretary of Commerce (Secretary) shall be deposited and remain available until expended.

Directs that fees deposited in the Fund be used to: (1) reimburse reasonable attorneys' fees to a person that the Secretary has directed to be remitted a fisheries enforcement penalty as recommended in the report of Special Master Swartwood or a person that submitted a complaint to the Special Master prior to May 7, 2011, seeking remittance of a fisheries enforcement penalty and whom the Secretary directs to receive at least a portion of such remittance; and (2) conduct Fund audits and specified enforcement and monitoring activities under provisions of the Magnuson-Stevens Act amended by this Act.

Authorizes the Secretary, during FY2012-FY2013, to reimburse reasonable attorneys' fees to such a person. Directs a person to apply for such reimbursement within 60 days after the Secretary directs a fisheries enforcement penalty be remitted to that person.

Allows the Secretary to pay from sums appropriated from the Fund for monitoring activities selected by the Regional Fishery Management Councils, including at-sea observers and shoreside monitoring, preparing fishery impact statements, and other priorities established by a Council as necessary to rebuild or maintain sustainable fisheries, ensure healthy ecosystems, and maintain fishing communities.

Removes a provision allowing expenses directly related to investigations and civil or criminal enforcement proceedings, including related expenses necessary for equipment, training, travel, witnesses, and contracting services, to be paid from sums received as fines, penalties, and forfeitures of property for violations of the Magnuson-Stevens Act or any other fishery resource law enforced by the Secretary. Authorizes certain other costs and enforcement expenses to be paid from sums appropriated from the Fund.


Input:
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.''.

Output:
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.


Input:
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.

Output:
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.


Input:
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.

Output:
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.


Input:
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.

Output:
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.


Input:
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.''.

Output: 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.