Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Law Enforcement Responsibility and
Improvement Act of 1993''.

      TITLE I--CONTINUING EDUCATION FOR LAW ENFORCEMENT OFFICERS.

SEC. 101. STATEMENT OF PURPOSE.

    It is the purpose of this title to assist States to establish
scholarship programs which--
            (1) assist State and local law enforcement efforts to
        enhance the educational status of law enforcement personnel;
        and
            (2) provide educational assistance to law enforcement
        personnel seeking continuing education;

SEC. 102. ALLOTMENT.

    From amounts appropriated under the authority of section 110, the
Assistant Attorney General shall allocate--
            (1) 80 percent of such funds to States on the basis of the
        number of law enforcement officers in each State; and
            (2) 20 percent of such funds to States on the basis of a
        State's shortage of law enforcement personnel and the need for
        assistance under this title.

SEC. 103. PROGRAM ESTABLISHED.

    (a) In General.--From amounts available under this title, each
State shall pay the Federal share of the cost of awarding scholarships
to law enforcement personnel to enable such personnel during nonworking
hours to enroll in courses, not to exceed a total of 18 credit hours,
at an institution of higher education.
    (b) Federal Share.--(1) The Federal share of the cost of
scholarships under this title shall not exceed 60 percent.
    (2) The non-Federal share of the cost of scholarships under this
title shall be supplied from sources other than the Federal Government.
    (c) Lead Agency.--Each State receiving an allotment under section
102 to conduct a scholarship program in a State in accordance with the
provisions of this title shall designate an appropriate State agency to
serve as the lead agency in carrying out the provisions of this title.
    (d) Responsibilities of Assistant Attorney General.--The Assistant
Attorney General shall be responsible for the administration of the
program conducted pursuant to this title and shall, in consultation
with the Assistant Secretary for Postsecondary Education, promulgate
regulations to implement this title.
    (e) Administrative Expenses.--Each State receiving an allotment
under section 102 may reserve not more than 8 percent of such allotment
for administrative expenses.
    (f) Supplementation of Funding.--Funds received under this title
shall be used to supplement, and not to supplant, Federal, State, or
local efforts to provide for continuing education of law enforcement
personnel.

SEC. 104. SCHOLARSHIPS.

    (a) Restrictions.--Notwithstanding a change in law enforcement
positions or departments or an institution of higher education, a law
enforcement officer is eligible to receive scholarship funds for a
total of 18 credit hours.
    (b) Use of Scholarships.--A law enforcement officer awarded a
scholarship under this title may use such scholarship for educational
expenses at an accredited institution of higher education.
    (c) Eligibility.--A law enforcement officer shall be eligible to
receive a scholarship under this title if such individual has been
employed in law enforcement for the 1-year period immediately preceding
the date on which assistance is sought.

SEC. 105. STATE APPLICATION.

    (a) In General.--Each State desiring an allotment under section 102
shall submit an application to the Assistant Attorney General at such
time, in such manner, and accompanied by such information as the
Assistant Attorney General may reasonably require. Each such
application shall--
            (1) contain assurances that the lead agency shall work in
        cooperation with the local law enforcement liaisons,
        representatives of police labor organizations and police
        management organizations, and other appropriate State and local
        agencies to develop and implement interagency agreements
        designed to carry out the provisions of this title;
            (2) contain assurances that the State shall advertise the
        scholarship assistance provided under this title;
            (3) contain assurances that the State shall screen and
        select law enforcement personnel for participation in the
        scholarship program under this title;
            (4) contain assurances that the State shall make
        scholarship payments to institutions of higher education on
        behalf of individuals receiving financial assistance under this
        title; and
            (5) identify model curriculum and existing programs
        designed to meet the educational and professional needs of law
        enforcement personnel.

SEC. 106. LOCAL APPLICATION.

    Each individual desiring to receive a scholarship under this title
shall submit an application to the State at such time, in such manner,
and accompanied by such information as the State may reasonably
require. Each such application shall describe the academic courses for
which financial assistance is sought.

SEC. 107. SCHOLARSHIP AGREEMENT.

    (a) In General.--Each individual receiving a scholarship under this
title shall enter into an agreement with the Assistant Attorney
General.
    (b) Contents.--Each agreement described in subsection (a) shall
provide assurances that such individual shall make every effort to meet
all course requirements.

SEC. 108. REPORTS TO CONGRESS.

    Not later than April 1 of each fiscal year, the Assistant Attorney
General shall submit a report to the Attorney General, the President,
the Speaker of the House of Representatives, and the President of the
Senate. Such report shall--
            (1) state the number of present and past scholarship
        recipients under this title;
            (2) describe the geographic, racial, and gender dispersion
        of scholarship recipients; and
            (3) describe the progress of the program and make
        recommendations for changes in the program.

SEC. 109. DEFINITIONS.

    As used in this title--
            (1) the term ``Assistant Attorney General'' means the
        Assistant Attorney General of the Office of Justice Programs;
            (2) the term ``educational expenses'' means expenses that
        are directly attributable to a course offered at an institution
        of higher education, including the cost of tuition, fees,
        books, supplies and related expenses;
            (3) the term ``institution of higher education'' has the
        same meaning given such term in section 1401(a) of the Higher
        Education Act of 1965;
            (4) the term ``law enforcement position'' means employment
        as an officer in a State or local police force, or correctional
        institution; and
            (5) the term ``State'' means a State of the United States,
        the District of Columbia, the Commonwealth of Puerto Rico, the
        Virgin Islands, American Samoa, Guam, and the Commonwealth of
        the Northern Mariana Islands.

SEC. 110. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated $3,000,000 for each of the
fiscal years 1994, 1995, 1996, 1997, and 1998 to carry out the
provisions of this title.

          TITLE II--LAW ENFORCEMENT RESPONSIBILITY PROVISIONS

                    Subtitle A--Police Accreditation

SEC. 201. APPLICATION FOR ACCREDITATION.

    (a) In General.--Subject to subsections (b) and (c), law
enforcement agencies of a State, unit of local government, or non-
Federal public agency may apply for law enforcement agency
accreditation.
    (b) Filing of Accreditation Application.--Applications for
accreditation as provided under section (a), may be filed with the
Commission on Accreditation of Law Enforcement Agencies.
    (c) Forwarding to Justice Department.--A copy of the application
filed under subsection (b) shall then be forwarded to the Accreditation
Coordinator at the Department of Justice as provided for in section
202(b).
    (d) Good Faith.--Law enforcement agencies shall file the
application for accreditation in good faith, and shall use all good
faith efforts to assist in processing the application for
accreditation.

SEC. 202. FEDERAL ASSISTANCE FOR AGENCIES SEEKING ACCREDITATION.

    (a) In General.--The Attorney General shall be given the discretion
under section 524(c)(1) of title 28, United States Code, to provide
financial and technical assistance, as provided in subsections (b),
(c), and (d) for law enforcement agencies applying for accreditation as
provided in section 201.
    (b) Accreditation Coordinator.--The Attorney General shall appoint
an Accreditation Coordinator to assist law enforcement agencies seeking
Federal assistance in processing accreditation as provided in section
201.
    (c) Additional Accreditation Staffing.--The Accreditation
Coordinator shall provide necessary personnel to assist law enforcement
agencies in processing applications for accreditation and complete the
accreditation process as provided by section 201.
    (d) Reimbursement of Administrative Costs.--Upon request, the
Accreditation Coordinator may reimburse a law enforcement agency for
any administrative costs incurred by such law enforcement agency in
processing the application for accreditation if--
            (1) such law enforcement agency has requested assistance
        from the Accreditation Coordinator;
            (2) the Accreditation Coordinator did not furnish such
        assistance but did certify the agency as likely to benefit in
        terms of improved law enforcement from the process and as
        eligible for expense reimbursement; and
            (3) such law enforcement agency has successfully completed
        the accreditation process as provided in section 201.
    (e) Financing.--The total monies provided under subsection (a)
shall not be greater than $1,000,000 or 1 percent of those monies
available to the Attorney General under section 524(c)(1) of title 28,
United States Code.

     Subtitle B--Civilian Protection in Cases of Police Misconduct

SEC. 211. CIVILIAN PROTECTION IN CASES OF POLICE MISCONDUCT.

    State, local, and public law enforcement agencies shall have
procedures as established in subsection (b), allowing citizen
submission of sworn complaints regarding the action, or inaction, of
the law enforcement agency, law enforcement officers in the agency, or
employees of the agency.

SEC. 212. MINIMUM STANDARDS.

    Subject to section 213, individual law enforcement agencies shall
provide, at a minimum, that--
            (1) the general public has access to required forms and
        information concerning the submission, and disposition of sworn
        complaints;
            (2) the law enforcement agency assist individuals in filing
        complaints;
            (3) adequate records to allow regular monitoring of the
        nature and disposition of such cases are to be maintained by
        the agency;
            (4) the law enforcement agency has established written
        procedures for hearings; and
            (5) the complainant receives a written report on the final
        disposition of the complaint.

SEC. 213. SEALED RECORDS.

    Any or all records required under section 212 may be sealed to
prevent public disclosure if--
            (1) good cause has been shown by order of a court of
        competent jurisdiction, and
            (2) such order is public record and states reasons for
        sealing.

          Subtitle C--Law Enforcement Officer's Responsibility

SEC. 221. RESPONSIBILITIES OF LAW ENFORCEMENT OFFICERS UNDER
              INVESTIGATION.

    Whenever a law enforcement officer is under formal investigation
for alleged malfeasance, misfeasance, or nonfeasance of official duty,
with a view to possible disciplinary action, demotion, dismissal,
suspension, or criminal charges, except as provided in section 226, the
following minimum standards shall apply:
            (1) The law enforcement officer shall be informed in
        writing of all charges made against the officer, the nature and
        purpose of the investigation and the name, rank, and command of
        the person or persons conducting such investigation and shall
        be given the opportunity to review any evidence or testimony
        relevant to the charges, in the possession of the law
        enforcement agency.
            (2) Except when the officer is requested to fulfill normal
        administrative duties or to provide the law enforcement agency
        with necessary reports on performance of duty, no adverse
        inference shall be drawn and no punitive action taken from a
        refusal of the law enforcement officer being investigated to
        participate in such investigation.
            (3) The law enforcement officer being investigated shall be
        informed, in writing, of the date, time, and location of such
        questioning, of all persons who will be present during such
        questioning, and of the rights established by this title.
            (4) Except in emergency or adverse situations, no
        questioning of any law enforcement officer shall be conducted
        except during the officer's regularly scheduled working hours,
        unless the law enforcement officer otherwise agrees and except
        when such questioning is part of a normal supervisory operating
        of the law enforcement agency.
            (5) Any questioning shall be for a reasonable period of
        time, in a reasonable place, and shall allow for reasonable
        periods for the rest and personal necessities of such officer.
            (6) The law enforcement officer shall be entitled to the
        presence of a person of the officer's choice at any
        interrogation in connection with the formal investigation.

SEC. 222. NOTICE OF DISCIPLINARY ACTION.

    Whenever a personnel action is taken against a law enforcement
officer which could result in any loss of pay, benefits or seniority,
or in suspension or termination, pursuant to an investigation of
alleged malfeasance, misfeasance, or nonfeasance of official duty, such
law enforcement officer shall be notified and informed of the reasons
for such action at least five working days before such action takes
effect.

SEC. 223. ENTITLEMENT TO A HEARING.

    (a) In General.--If the investigation of a law enforcement officer
results in the recommendations of disciplinary action, such as
demotion, dismissal, or similar action, then, except as provided in
section 226, the law enforcement officer shall be entitled to a hearing
before an impartial decisionmaker.
    (b) Decisions in Writing.--The decisions of the decisionmaker, and
reason therefor, shall be in writing, shall be transmitted promptly to
the law enforcement officer and to the chief executive officer of the
law enforcement agency.
    (c) Final and Binding.--The decisions of the decisionmaker shall be
final and binding.

SEC. 224. REPRESENTATION ON COMPLAINT REVIEW BOARDS.

    Whenever a police complaint review board has been established which
includes in its membership persons other than law enforcement officers
of the agencies under the jurisdiction of such board, such board shall
include a fair representation of such officers including at least one
officer of equal rank to the officer charged.

SEC. 225. PROTECTION FROM RETALIATION FOR EXERCISING RIGHTS.

    There shall be no penalty nor threat of penalty to any law
enforcement officer for the exercise of the rights established in this
title.

SEC. 226. EXCLUSIONARY PROVISIONS.

    The provisions of this subtitle do not apply to questioning carried
out as part of a law enforcement agency's routine supervision of a law
enforcement officer, summary discipline, administrative action, or
emergency suspension.

                     Subtitle D--General Provisions

SEC. 231. PRIVATE ENFORCEMENT.

    Any citizen or law enforcement officer shall have the right to
recover pecuniary and other damages including, but not limited to, full
reinstatement of a law enforcement officer, from any person or
agencies, including law enforcement agencies, which violate the rights
established by this title.

SEC. 232. OTHER REMEDIES NOT DISPARAGED.

    Nothing in this title shall disparage or impair any other legal
remedy with respect to rights established by this title or any other
State or Federal law.

SEC. 233. EXCLUSION FOR STATES THAT MEET OR EXCEED PROVISIONS.

    Nothing in this title shall be construed to preempt any State law
which meets or exceeds the minimum requirements set forth by this
title.

SEC. 234. DEFINITIONS.

    As used in this title--
            (1) the term ``complaint review board'' means any public
        body which has specific lawful authority to investigate
        civilian complaints of improper conduct by law enforcement
        officers and take public action, including the issuance of
        findings and reports, but shall not include any law enforcement
        agency, a grand jury, or other judicially-appointed body;
            (2) the term ``law enforcement agency'' means any non-
        Federal public agency, except Federal law enforcement agencies,
        charged with the duty to investigate crimes, apprehend persons
        charged with such crimes, and hold in custody persons charged
        with such crimes;
            (3) the term ``law enforcement officer'' means any sworn
        officer of a public agency, if the official legal function of
        such agency is the investigation of reports of criminal
        activity or crimes, or the apprehension or holding in custody
        of persons charged or convicted of crimes, and includes all
        police, sheriffs' deputies, bailiffs, and corrections guards as
        defined by the applicable State law;
            (4) the terms ``summary discipline'' and ``administrative
        action'' mean discipline imposed for minor violations of
        department rules and regulations, which does not result in
        dismissal, demotion, transfer, loss of pay, or similar action;
        and
            (5) the term ``emergency suspension'' means situations in
        which the head of the law enforcement agency determines such
        temporary action is necessary to protect the interest of the
        public and the law enforcement agency and do not continue
        longer than the public necessity.

HR 1148 IH----2

Output:
TABLE OF CONTENTS:
     Title I:  Continuing Education for Law Enforcement Officers
     Title II:  Law Enforcement Responsibility Provisions
          Subtitle A:  Police Accreditation
     Subtitle B:  Civilian Protection in Cases of
Police Misconduct
     Subtitle C:  Law Enorcement Officer's Responsibility
     Subtitle D:  General Provisions
Law Enforcement Responsibility and Improvement Act of 1993 -
Title I:  Continuing Education for Law Enforcement Officers
 - Directs:  (1) each State to pay the Federal share (60 percent) of the cost of awarding scholarships to law enforcement personnel to enable such personnel during non-working hours to enroll in courses, not to exceed a total of 18 credit hours, at an institution of higher education; and (2) the Assistant Attorney General to allocate, from amounts appropriated pursuant to this Act, 80 percent of such funds to States based on the number of law enforcement officers in each State and 20 percent based on a State's shortage of law enforcement personnel and need for assistance.
Title II:  Law Enforcement Responsibility Provisions - Subtitle A:   Police Accreditation
 - Establishes procedures by which law enforcement agencies of a State, unit of local government, or non-Federal public agency may apply for law enforcement agency accreditation.
(Sec. 202) Grants the Attorney General discretion to provide financial and technical assistance for law enforcement agencies applying for accreditation.  Directs the Attorney General to appoint an Accreditation Coordinator to assist such agencies seeking Federal assistance in processing accreditation.
Subtitle B:  Civilian Protection in Cases of Police Misconduct
 - Requires that State, local, and public law enforcement agencies have procedures, including specified minimum standards, allowing citizen submission of sworn complaints regarding the action or inaction of a law enforcement agency, its officers, or employees.
(Sec. 213) Specifies that any or all records required pursuant to this Act may be sealed to prevent public disclosure if good cause has been shown by order of a court of competent jurisdiction and if such order is public record and states reasons for sealing.
Subtitle C:  Law Enforcement Officer's Responsibility
 - Sets forth minimum standards that apply whenever a law enforcement officer is under formal investigation for alleged malfeasance, misfeasance, or nonfeasance of official duty, with a view to possible disciplinary action, demotion, dismissal, suspension, or criminal charges, with exceptions.
(Sec. 222) Sets forth provisions regarding:  (1) notice of disciplinary action; (2) entitlement to a hearing; (3) fair representation on complaint review boards; and (4) protection from retaliation for exercising rights.
Subtitle D:  General Provisions
 - Grants any citizen or law enforcement officer the right to recover damages, including full reinstatement of a law enforcement officer, from any person or agencies which violate the rights established by this title.
(Sec. 233) Specifies that nothing in this title shall be construed to preempt any State law which meets or exceeds the minimum requirements set forth by this title.


Input:
SECTION 1. LIVESTOCK ENERGY INVESTMENT CREDIT.

    (a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by inserting after
section 40A the following new section:

``SEC. 40B. RENEWABLE ENERGY PRODUCED FROM LIVESTOCK WASTE USING EPA-
              VERIFIED TECHNOLOGIES FOR THE COMPREHENSIVE ENVIRONMENTAL
              TREATMENT OF LIVESTOCK WASTE.

    ``(a) In General.--For purposes of section 38, the livestock-
derived renewable energy production credit for any taxable year is an
amount equal to the product of--
            ``(1) $5.56, and
            ``(2) each million British thermal units (mmBtu) of
        livestock-derived renewable energy--
                    ``(A) produced by the taxpayer--
                            ``(i) from qualified energy feedstock,
                            ``(ii) at a qualified facility during the
                        7-year period beginning on the date the
                        facility was originally placed in service, and
                            ``(iii) using an EPA-verified technology
                        that provides comprehensive livestock waste
                        treatment addressing significant reductions to
                        nitrogen and phosphorus nutrient discharges,
                        odor and air emissions including greenhouse
                        gases and ammonia, methane, hydrogen sulfide
                        and volatile organic compounds, and
                    ``(B) either--
                            ``(i) sold by the taxpayer to an unrelated
                        person during the taxable year, or
                            ``(ii) used by the taxpayer during the
                        taxable year.
    ``(b) Definitions.--For purposes of this section--
            ``(1) Livestock-derived renewable energy.--The term
        `livestock-derived renewable energy' means fuel which is
        derived by processing qualified energy feedstock.
            ``(2) Qualified energy feedstock.--
                    ``(A) In general.--The term `qualified energy
                feedstock' means--
                            ``(i) manure of livestock (including any
                        litter, wood shavings, straw, rice hulls,
                        bedding material, and other materials
                        incidentally collected with the manure),
                            ``(ii) any nonhazardous, organic
                        agricultural or food industry byproduct or
                        waste material (cellulosic or otherwise)
                        derived from--
                                    ``(I) renewable biomass,
                                    ``(II) harvesting residue,
                                    ``(III) any waste or byproduct from
                                fermentation processes, ethanol
                                production, biodiesel production,
                                slaughter of livestock, food
                                production, food processing, or food
                                service, or
                                    ``(IV) other organic wastes,
                                byproducts, or sources,
                            ``(iii) solid wood waste materials,
                        including waste pallets, crates, dunnage,
                        manufacturing and construction wood wastes, and
                        tree trimmings, or
                            ``(iv) agricultural or forestry crops.
                    ``(B) Renewable biomass.--The term `renewable
                biomass' means materials from pre-commercial thinning
                or invasive species from National Forest System land
                and public lands (as defined in section 103 of the
                Federal Land Policy and Management Act of 1976 (43
                U.S.C. 1702)) that--
                            ``(i)(I) are byproducts of preventive
                        treatments that are removed--
                                    ``(aa) to reduce or contain disease
                                or insect infestation, or
                                    ``(bb) to restore ecosystem health,
                            ``(II) would not otherwise be used for
                        higher-value products, and
                            ``(III) are harvested in accordance with
                        applicable law and land management plans and
                        the requirements for--
                                    ``(aa) old-growth maintenance,
                                restoration, and management direction
                                of paragraphs (2), (3), and (4) of
                                subsection (e) of section 102 of the
                                Healthy Forests Restoration Act of 2003
                                (16 U.S.C. 6512), and
                                    ``(bb) large tree retention of
                                subsection (f) of that section, or
                            ``(ii) any organic matter that is available
                        on a renewable or recurring basis from non-
                        Federal land or land belonging to an Indian or
                        Indian tribe that is held in trust by the
                        United States or subject to a restriction
                        against alienation imposed by the United
                        States, including--
                                    ``(I) renewable plant material
                                (such as feed grains, other
                                agricultural commodities, other plants
                                and trees, and algae), and
                                    ``(II) waste material (such as crop
                                residue, other vegetative waste
                                material (including wood waste and wood
                                residues), animal waste and byproducts
                                (including fats, oils, greases, and
                                manure), food waste, and yard waste).
                    ``(C) Livestock.--The term `livestock' includes
                poultry, cattle, sheep, swine, goats, horses, mules,
                and other equines.
            ``(3) Qualified facility.--The term `qualified facility'
        means a facility--
                    ``(A) which is owned by the taxpayer,
                    ``(B) which is located in the United States,
                    ``(C) which is originally placed in service before
                January 1, 2018, and
                    ``(D) the livestock-derived renewable energy output
                of which is--
                            ``(i) marketed through interconnection with
                        a gas distribution or transmission pipeline, or
                            ``(ii) used on-site or off-site in a
                        quantity that is sufficient to offset the
                        consumption of at least 50,000 mmBtu annually
                        of commercially marketed fuel derived from
                        coal, crude oil, natural gas, propane, or other
                        fossil fuel.
            ``(4) EPA-verified technology.--The term `EPA-verified
        technology' means any technology the performance of which is
        verified by the Environmental Technology Verification Program
        of the Environmental Protection Agency.
    ``(c) Reduction of Credit Based on Market Price of Btus.--
            ``(1) In general.--If the market price per mmBtu's exceeds
        $11, the amount otherwise applicable under subsection (a)(1)
        for the taxable year (without regard to paragraph (1)) shall be
        reduced (but not below zero) by the amount which bears the same
        ratio to the amount otherwise so applicable as such excess
        bears to $5.
            ``(2) Rounding.--Any reduction determined under
        subparagraph (A) which is not a multiple of 10 cents shall be
        rounded to the nearest multiple of 10 cents.
            ``(3) Market price.--For purposes of this paragraph, the
        market price per mmBtu for any taxable year shall be the daily
        average market price per mmBtu on the Chicago exchange during
        the 3-month period ending at the close of the preceding taxable
        year.
    ``(d) Special Rules.--For purposes of this section--
            ``(1) Production attributable to the taxpayer.--In the case
        of a facility in which more than 1 person has an ownership
        interest, except to the extent provided in regulations
        prescribed by the Secretary, production from the qualified
        facility shall be allocated among such persons in proportion to
        their respective ownership interests in the gross sales from
        such qualified facility.
            ``(2) Related persons.--Persons shall be treated as related
        to each other if such persons would be treated as a single
        employer under the regulations prescribed under section 52(b).
        In the case of a corporation which is a member of an affiliated
        group of corporations filing a consolidated return, such
        corporation shall be treated as selling livestock-derived
        renewable energy to an unrelated person if such biogas is sold
        to such a person by another member of such group.
            ``(3) Pass-thru in the case of estates and trusts.--Under
        regulations prescribed by the Secretary, rules similar to the
        rules of subsection (d) of section 52 shall apply.
            ``(4) Coordination with credit from producing fuel from a
        nonconventional source.--The amount of livestock-derived
        renewable energy produced and sold or used by the taxpayer
        during any taxable year which is taken into account under this
        section shall be reduced by the amount of livestock-derived
        renewable energy produced and sold by the taxpayer in such
        taxable year which is taken into account under section 45K.
            ``(5) Credit eligibility in the case of government-owned
        facilities using poultry waste.--In the case of a facility
        using poultry waste to produce livestock-derived renewable
        energy and owned by a governmental unit, subparagraph (B) of
        subsection (b)(3) shall be applied by substituting `is leased
        or operated by the taxpayer' for `is owned by the taxpayer'.
    ``(e) Transferability of Credit.--
            ``(1) In general.--A taxpayer may transfer the credit under
        this section through an assignment to any person. Such transfer
        may be revoked only with the consent of the Secretary.
            ``(2) Regulations.--The Secretary shall prescribe such
        regulations as necessary to ensure that any credit transferred
        under paragraph (1) is claimed once and not reassigned by such
        other person.
    ``(f) Adjustment Based on Inflation.--
            ``(1) In general.--The $5.56 amount in subsection (a)(1)
        and the $11 amount in subsection (c)(2)(A) shall each be
        adjusted by multiplying such amount by the inflation adjustment
        factor for the calendar year in which the sale occurs. If any
        amount as increased under the preceding sentence is not a
        multiple of 0.1 cent, such amount shall be rounded to the
        nearest multiple of 0.1 cent.
            ``(2) Computation of inflation adjustment factor.--
                    ``(A) In general.--The Secretary shall, not later
                than April 1 of each calendar year, determine and
                publish in the Federal Register the inflation
                adjustment factor in accordance with this paragraph.
                    ``(B) Inflation adjustment factor.--The term
                `inflation adjustment factor' means, with respect to a
                calendar year, a fraction the numerator of which is the
                GDP implicit price deflator for the preceding calendar
                year and the denominator of which is the GDP implicit
                price deflator for calendar year 2007. The term `GDP
                implicit price deflator' means the most recent revision
                of the implicit price deflator for the gross domestic
                product as computed and published by the Department of
                Commerce before March 15 of the calendar year.''.
    (b) Credit Treated as Business Credit.--Section 38(b) of such Code
is amended by striking ``plus'' at the end of paragraph (30), by
striking the period at the end of paragraph (31) and inserting ``,
plus'', and by adding at the end the following new paragraph:
            ``(32) the livestock-derived renewable energy production
        credit under section 40B(a).''.
    (c) Credit Allowed Against Amt.--Section 38(c)(4)(B) of such Code
is amended by striking ``and'' at the end of clause (i), by striking
the period at the end of clause (ii)(II) and inserting ``, and'', and
by adding at the end the following new clause:
                            ``(iii) the credit determined under section
                        40B.''.
    (d) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of such Code is amended by
inserting after the item relating to section 40A the following new
item:

``Sec. 40B. Renewable energy produced from livestock waste using EPA-
                            verified technologies for the comprehensive
                            environmental treatment of livestock
                            waste.''.
    (e) Effective Date.--The amendments made by this section shall
apply to energy produced, and sold or used, in taxable years beginning
after the date of the enactment of this Act.

Output: Amends the Internal Revenue Code to allow a business-related tax credit for: (1) the production of renewable energy from qualified energy feedstock using a technology verified by the Environmental Protection Agency (EPA); and (2) the sale or use of such energy. Defines "qualified energy feedstock" to include manure of livestock, any nonhazardous, organic agricultural or food industry byproduct or waste material derived from renewable biomass, solid wood waste materials, or agricultural or forestry crops. Allows such credit to offset alternative minimum tax (AMT) liability.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Assisted Living Pilot Program for
Veterans with Traumatic Brain Injury Extension Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The wars in Iraq and Afghanistan have resulted in a
        generation of veterans with traumatic brain injuries.
            (2) Since 2001, more than 265,000 members of the Armed
        Forces have suffered traumatic brain injuries.
            (3) Since 2001, more than 26,000 members of the Armed
        Forces have suffered moderate or severe head wounds.
            (4) Advances in medicine have kept members of the Armed
        Forces alive who have suffered head wounds that might have
        killed them in previous conflicts.
            (5) The pilot program of the Department of Veterans Affairs
        to assess the effectiveness of providing assisted living
        services to eligible veterans to enhance the rehabilitation,
        quality of life, and community integration of such veterans
        required by section 1705(a) of the National Defense
        Authorization Act for Fiscal Year 2008 (Public Law 110-181; 38
        U.S.C. 1710C note) has provided to veterans who have moderate
        to severe traumatic brain injuries, often coupled with other
        significant physical and psychological challenges, a level of
        comprehensive, coordinated care in residential facilities
        across the United States since 2008.
            (6) The model of care practiced under the pilot program
        specified in paragraph (5) has yielded impressive results and
        helped rehabilitate dozens of veterans from severe injuries
        that are notoriously difficult to treat.
            (7) The Department of Veterans Affairs does not offer to
        veterans any alternatives to the pilot program specified in
        paragraph (5) that replicate--
                    (A) the comprehensiveness of the rehabilitative
                care provided under such program;
                    (B) the benefit of providing care under such
                program in a residential setting; and
                    (C) the significant positive impact on veterans of
                the sustained, longer-term care provided under such
                program.

SEC. 3. EXTENSION AND MODIFICATION OF PILOT PROGRAM ON ASSISTED LIVING
              SERVICES FOR VETERANS WITH TRAUMATIC BRAIN INJURY.

    (a) Extension of Program.--Subsection (a) of section 1705 of the
National Defense Authorization Act for Fiscal Year 2008 (Public Law
110-181; 38 U.S.C. 1710C note) is amended by striking ``a five-year''
and inserting ``an eight-year''.
    (b) Modification of Locations.--Subsection (b) of such section is
amended--
            (1) by redesignating paragraph (2) as paragraph (3); and
            (2) by striking paragraph (1) and inserting the following
        new paragraphs:
            ``(1) In general.--The pilot program shall be carried out
        at locations selected by the Secretary for purposes of the
        pilot program.
            ``(2) Located in same region as polytrauma centers.--Of the
        locations selected under paragraph (1), at least one location
        shall be in each health care region of the Veterans Health
        Administration of the Department of Veterans Affairs that
        contains a polytrauma center of the Department of Veterans
        Affairs.''.
    (c) Modification of Report Requirements.--Subsection (e) of such
section is amended to read as follows:
    ``(e) Reports.--
            ``(1) Annual report.--
                    ``(A) In general.--Not later than two years after
                the date of the enactment of the Assisted Living Pilot
                Program for Veterans with Traumatic Brain Injury
                Extension Act, and not later than September 30 each
                year thereafter until 2018, the Secretary shall submit
                to the Committee on Veterans' Affairs of the Senate and
                the Committee on Veterans' Affairs of the House of
                Representatives a report on the pilot program.
                    ``(B) Elements.--Each report submitted under
                subparagraph (A) shall include the following:
                            ``(i) The number of individuals that
                        participated in the pilot program during the
                        year preceding the submission of the report.
                            ``(ii) The number of individuals that
                        successfully completed the pilot program during
                        the year preceding the submission of the
                        report.
                            ``(iii) The degree to which pilot program
                        participants and family members of pilot
                        program participants were satisfied with the
                        pilot program.
                            ``(iv) The interim findings and conclusions
                        of the Secretary with respect to the success of
                        the pilot program and recommendations for
                        improvement.
            ``(2) Final report.--
                    ``(A) In general.--Not later than 60 days after the
                completion of the pilot program, the Secretary shall
                submit to the Committee on Veterans' Affairs of the
                Senate and the Committee on Veterans' Affairs of the
                House of Representatives a final report on the pilot
                program.
                    ``(B) Elements.--The final report required by
                subparagraph (A) shall include the following:
                            ``(i) A description of the pilot program.
                            ``(ii) An assessment of the utility of the
                        activities under the pilot program in enhancing
                        the rehabilitation, quality of life, and
                        community reintegration of veterans with
                        traumatic brain injury, including complex mild
                        traumatic brain injury.
                            ``(iii) Such recommendations as the
                        Secretary considers appropriate regarding
                        improving the pilot program.''.
    (d) Modification of Definitions.--
            (1) Community-based brain injury residential rehabilitative
        care services.--Such section is further amended--
                    (A) in the section heading, by striking ``assisted
                living'' and inserting ``community-based brain injury
                residential rehabilitative care'';
                    (B) in subsection (c), in the subsection heading,
                by striking ``Assisted Living'' and inserting
                ``Community-Based Brain Injury Residential
                Rehabilitative Care'';
                    (C) by striking ``assisted living'' each place it
                appears, and inserting ``community-based brain injury
                rehabilitative care''; and
                    (D) in subsection (f)(1), by striking ``and
                personal care'' and inserting ``rehabilitation, and
                personal care''.
            (2) Eligible veteran.--Subsection (f)(3) of such section is
        amended--
                    (A) in subparagraph (C), by striking ``; and'' and
                inserting a semicolon;
                    (B) in subparagraph (D), by striking the period at
                the end and inserting ``; and''; and
                    (C) by adding at the end the following new
                subparagraph:
                    ``(E) has a traumatic brain injury that is
                classified as complex-mild to severe.''.
    (e) Authorization of Appropriations.--There is authorized to be
appropriated for the Department of Veterans Affairs for fiscal year
2015 $46,000,000 to carry out the pilot program under section 1705 of
the National Defense Authorization Act for Fiscal Year 2008 (Public Law
110-181; 38 U.S.C. 1710C note), as amended by this section. The amount
so authorized to be appropriated shall be available for obligation for
the three-year period beginning on the date that is one year after the
date of the enactment of this Act.
    (f) Effective Date.--The amendments made by this section shall take
effect on October 1, 2014.

Output: Assisted Living Pilot Program for Veterans with Traumatic Brain Injury Extension Act - Amends the National Defense Authorization Act for Fiscal Year 2008 to extend the pilot program to assess the effectiveness of providing assistance to eligible veterans with traumatic brain injury to enhance their rehabilitation, quality of life, and community integration. Requires that at least one location of the program be in each health care region of the Veterans Health Administration that contains a polytrauma center of the Department of Veterans Affairs (VA). (Under current law, selected locations also must include any location other than one described above in an area that contains a high concentration of veterans with traumatic brain injuries.) Expands requirements for reports on the pilot program. Replaces references to "assisted living" with the term "community-based brain injury residential rehabilitative care," including rehabilitation services within the meaning of such care. Requires a veteran, in order to be eligible for such services, to have a traumatic brain injury that is classified as complex-mild to severe.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Quit Smoking Incentive and
Opportunity Act of 2003''.

SEC. 2. FINDINGS.

    Congress finds as follows:
            (1) Unless the prevalence of tobacco use is cut
        dramatically, about 24,000,000 Americans, 1 out of every 2
        current smokers in America, will die prematurely of a disease
        directly caused by their dependence on tobacco.
            (2) Smoking is the leading preventable cause of death in
        the United States with 400,000 premature deaths annually, and
        $157,000,000,000 in annual health-related economic losses,
        including more than $75,000,000,000 in excess medical
        expenditures.
            (3) Clinical studies have shown that pharmacological
        treatments are an effective treatment for tobacco dependence,
        and there are currently 6 medications that have been approved
        by the FDA for tobacco use cessation.
            (4) Clinical studies have shown that counseling is an
        effective treatment for tobacco dependence, and that counseling
        can be provided in individual or group settings, or via
        telephone, such as the Quit Lines provided by 33 States.
            (5) Studies have also shown that when counseling is
        combined with pharmacological treatment, the effectiveness of
        treatment doubles or triples (compared to counseling alone).
            (6) The cost of over-the-counter Nicotine Replacement
        Therapy (gum, patch, lozenges) is not covered by Medicare, and
        is rarely covered by private insurance. Fifteen states under
        Medicaid cover no Nicotine Replacement Therapy and many of the
        remaining 35 states do not cover all Nicotine Replacement
        Therapies. Nicotine Replacement Therapy is rarely tax-
        deductible, and typically costs about $300 for a suggested 10-
        week course of treatment.
            (7) The Guide to Community Preventive Services: Tobacco Use
        Prevention and Control (CDC 2000) and Treating Tobacco Use and
        Dependence: Clinical Practice Guideline (2000) recommended a
        reduction or elimination of out-of-pocket costs to increase the
        use of tobacco use cessation treatments.
            (8) Under current law, unreimbursed tobacco use cessation
        counseling programs and prescribed nicotine-withdrawal drugs
        are considered expenses for medical care that are deductible
        subject to the 7.5 percent of adjusted gross income limitation.
            (9) Two-thirds of all filers do not itemize.

SEC. 3. REFUNDABLE CREDIT FOR AMOUNTS PAID TO ASSIST INDIVIDUALS TO
              CEASE USING TOBACCO PRODUCTS.

    (a) In General.--Subpart C of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to refundable credits)
is amended by inserting after section 35 the following new section:

``SEC. 35A. CERTAIN EXPENSES TO ASSIST INDIVIDUALS TO CEASE USING
              TOBACCO PRODUCTS.

    ``(a) Allowance of Credit.--In the case of an individual, there
shall be allowed as a credit against the tax imposed by this subtitle
an amount equal to the qualified tobacco use cessation expenses paid by
the taxpayer during the taxable year for the benefit of the taxpayer,
the taxpayer's spouse, or any dependent of the taxpayer.
    ``(b) Limitation.--The credit allowed under this section shall not
exceed--
            ``(1) $300 for amounts described in subsection (c)(1)(A),
        and
            ``(2) $100 for amounts described in subsection (c)(1)(B).
    ``(c) Qualified Tobacco Use Cessation Expenses.--For purposes of
this section--
            ``(1) In general.--The term `qualified tobacco use
        cessation expenses' means expenses--
                    ``(A) for products determined by the Food and Drug
                Administration to be safe and effective in promoting a
                reduction in the use of tobacco products by
                individuals, and
                    ``(B) for counseling for cessation of tobacco use.
            ``(2) Counseling.--
                    ``(A) In general.--Subject to subparagraph (B), the
                term `counseling for cessation of tobacco use' means
                diagnostic, therapy, and counseling services for
                cessation of tobacco use for individuals who use
                tobacco products or who are being treated for tobacco
                use which are furnished--
                            ``(i) by or under the supervision of a
                        physician, or
                            ``(ii) by any other health care
                        professional who is legally authorized to
                        furnish such services under State law (or the
                        State regulatory mechanism provided by State
                        law) of the State in which the services are
                        furnished.
                    ``(B) Limitation.--Such term is limited to--
                            ``(i) services recommended in `Treating
                        Tobacco Use and Dependence: A Clinical Practice
                        Guideline', published by the Public Health
                        Service in June 2000, or any subsequent
                        modification of such Guideline, and
                            ``(ii) such other services that the
                        Secretary of Health and Human Services
                        recognizes to be effective.''
    (b) Technical Amendments.--
            (1) Paragraph (2) of section 1324(b) of title 31, United
        States Code, is amended by inserting ``or 36'' after ``section
        35''.
            (2) The table of sections for subpart C of part IV of
        subchapter A of chapter 1 of such Code is amended by inserting
        after the item relating to section 35 following new item:

                              ``Sec. 35A. Certain expenses to assist
                                        individuals to cease using
                                        tobacco products.''
    (c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.

Output: Quit Smoking Incentive and Opportunity Act of 2003 - Amends the Internal Revenue Code to allow a limited credit for the qualified tobacco use cessation expenses (approved cessation products and counseling) of a taxpayer, the taxpayer's spouse, or any dependent of the taxpayer.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Transit in Parks Act''.

SEC. 2. ESTABLISHMENT OF TRANSIT IN PARKS PROGRAM.

    (a) In General.--Chapter 53 of title 49, United States Code, is
amended by inserting after section 5315 the following:
``Sec.  5316. Transit in parks
    ``(a) Establishment of Program.--
            ``(1) In general.--Not later than 90 days after the date of
        enactment of the Transit in Parks Act, the Secretary of the
        Interior and the Secretary of Transportation shall enter into a
        memorandum of understanding to establish a transit in parks
        program in accordance with the provisions of this section.
            ``(2) Purpose.--The purpose of the program shall be to
        encourage and promote the development of transportation systems
        described in section 5301(a) within units of the National Park
        System to improve visitor mobility and enjoyment, reduce
        pollution and congestion, and enhance resource protection
        through the use of transit.
    ``(b) Administration of Program.--The program shall be administered
by the Secretary of the Interior, in conjunction with the Secretary of
Transportation.
    ``(c) Contents of Program.--
            ``(1) In general.--Except as provided in paragraph (2), the
        program shall provide for the following:
                    ``(A) Development of transportation plans and
                programs for units of the National Park System by the
                Secretary of the Interior instead of a metropolitan
                planning organization in accordance with sections
                5303(a) and 5303(b).
                    ``(B) Development of a long-range transportation
                plan for such units by the Secretary of the Interior
                instead of a metropolitan planning organization in
                accordance with section 5303(f).
                    ``(C) The making of contracts and grants by the
                Secretary of Transportation to the Secretary of the
                Interior for planning, engineering, design, and
                evaluation of mass transportation projects in such
                units, and for technical studies, in accordance with
                section 5303(g).
                    ``(D) Development and updating of a transportation
                improvement program for such units, and the selection
                and carrying out of projects in such units, by the
                Secretary of the Interior instead of a metropolitan
                planning organization in accordance with section 5304;
                except that any transportation improvement program
                developed under section 204(a) of title 23 for such
                unit shall be treated as meeting the requirement of
                this subparagraph until the Secretary of the Interior
                provides otherwise and the approval required by section
                5304(a) shall only be the approval of the Secretary of
                the Interior.
                    ``(E) The making of grants by the Secretary of
                Transportation to the Secretary of the Interior for
                capital projects by financing the planning and
                improvement costs of equipment, facilities, and
                associated capital maintenance in mass transportation
                for such units in accordance with subsections (a), (b),
                (c), and (d) of section 5307; except that the Secretary
                of the Interior shall serve as the designated recipient
                for the purposes of subsection (a)(2) of such section.
                    ``(F) The making of grants by the Secretary of
                Transportation to the Secretary of the Interior for
                capital investment as described in subsection (a) of
                section 5309 in accordance with subsections (a), (d),
                and (e) of such section, (other than subsections
                (e)(1)(C) and (e)(4), relating to local financial
                commitment).
                    ``(G) Projects for bicycle access in accordance
                with the first sentence of section 5319.
                    ``(H) The making of contracts and grants by the
                Secretary of Transportation to the Secretary of the
                Interior for crime prevention and security in
                accordance with section 5321.
                    ``(I) The making of contracts and grants by the
                Secretary of Transportation to the Secretary of the
                Interior for human resources programs in accordance
                with section 5322.
                    ``(J) Grants under the program may be used to pay
                the operating cost of equipment and facilities used in
                mass transportation for such units.
                    ``(K) Projects for which grants may be made under
                the program may include turnkey system projects under
                section 5326.
                    ``(L) Labor protection in accordance with section
                5333.
            ``(2) Exceptions.--The memorandum of understanding entered
        into under subsection (a) shall limit or modify the
        applicability of the provisions referred to in paragraph (1) to
        the program to the extent necessary to carry out the objectives
        of this section and to be compatible with the laws and
        regulations governing units of the National Park System.
    ``(b) Federal Share.--The Federal share of the cost of any project
or activity carried out under this section shall be 100 percent.
    ``(c) Mass Transportation Defined.--In this section and for
purposes of the program carried out under this section, the term `mass
transportation' means transportation by a conveyance that provides
regular and continuing general or special transportation to the public,
but does not include school bus or charter transportation.
    ``(d) Limitation on Applicability.--Except as otherwise provided in
this section, the other provisions of this chapter (other than sections
5302 and 5338) shall not apply to this section and the program carried
out under this section.
    ``(e) Savings Clause.--Nothing in this section shall be construed
as superseding, amending, modifying or repealing any provision of law
applicable to units of the National Park System.''.
    (b) Conforming Amendments.--The analysis for such chapter is
amended by inserting after the item relating to section 5315 the
following:

``5316. Transit in parks.''.

SEC. 3. FUNDING.

    (a) Authorization of Appropriations.--Section 5338 of title 49,
United States Code, is amended by adding at the end the following:
    ``(j) Transit in Parks.--There shall be available from the Mass
Transit Account of the Highway Trust Fund $90,000,000 for each of
fiscal years 2004 through 2010 to carry out section 5316.''.
    (b) Contract Authority.--Section 5338(g)(1) of such title is
amended by striking ``or (f)(2)(A)'' and inserting ``(f)(2)(A), or
(j)''.
    (c) Period of Availability.--Section 5338(i) of such title is
amended--
            (1) by striking the 1st comma; and
            (2) by striking the 2nd comma and inserting ``and
        subsection (j)''.

Output: Transit in Parks Act - Directs the Secretaries of the Interior and Transportation to establish and administer a transit in parks program to encourage and promote the development of mass transportation systems in the National Park System for improving visitor mobility and enjoyment, reducing pollution and congestion, and protecting park resources. Sets forth requirements for such program, including the development of transportation plans for units of the National Park System and the making of grants and contracts for the planning, engineering, design, and evaluation of mass transportation projects in such units and for capital projects and investment.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Community Pharmacy Fairness Act of
2007''.

SEC. 2. APPLICATION OF THE ANTITRUST LAWS TO INDEPENDENT PHARMACIES
              NEGOTIATING WITH HEALTH PLANS.

    (a) In General.--Any independent pharmacies who are engaged in
negotiations with a health plan regarding the terms of any contract
under which the pharmacies provide health care items or services for
which benefits are provided under such plan shall, in connection with
such negotiations, be entitled to the same treatment under the
antitrust laws as the treatment to which bargaining units which are
recognized under the National Labor Relations Act (29 U.S.C. 151 et
seq.) are entitled in connection with activities described in section 7
of such Act (29 U.S.C. 157). Such a pharmacy shall, only in connection
with such negotiations, be treated as an employee engaged in concerted
activities and shall not be regarded as having the status of an
employer, independent contractor, managerial employee, or supervisor.
    (b) Protection for Good Faith Actions.--Actions taken in good faith
reliance on subsection (a) shall not be the subject under the antitrust
laws of criminal sanctions nor of any civil damages, fees, or penalties
beyond actual damages incurred.
    (c) No Change in National Labor Relations Act.--This section
applies only to independent pharmacies excluded from the National Labor
Relations Act. Nothing in this section shall be construed as changing
or amending any provision of the National Labor Relations Act, or as
affecting the status of any group of persons under that Act.
    (d) Effective Date.--The exemption provided in subsection (a) shall
apply to conduct occurring beginning on the date of the enactment of
this Act.
    (e) Limitation on Exemption.--Nothing in this section shall exempt
from the application of the antitrust laws any agreement or otherwise
unlawful conspiracy that excludes, limits the participation or
reimbursement of, or otherwise limits the scope of services to be
provided by any independent pharmacy or group of independent pharmacies
with respect to the performance of services that are within their scope
of practice as defined or permitted by relevant law or regulation.
    (f) No Effect on Title VI of Civil Rights Act of 1964.--Nothing in
this section shall be construed to affect the application of title VI
of the Civil Rights Act of 1964.
    (g) No Application to Specified Federal Programs.--Nothing in this
section shall apply to negotiations between independent pharmacies and
health plans pertaining to benefits provided under any of the
following:
            (1) The Medicaid Program under title XIX of the Social
        Security Act (42 U.S.C. 1396 et seq.).
            (2) The State Children's Health Insurance Program (SCHIP)
        under title XXI of the Social Security Act (42 U.S.C. 1397aa et
        seq.).
            (3) Chapter 55 of title 10, United States Code (relating to
        medical and dental care for members of the uniformed services).
            (4) Chapter 17 of title 38, United States Code (relating to
        Veterans' medical care).
            (5) Chapter 89 of title 5, United States Code (relating to
        the Federal employees' health benefits program).
            (6) The Indian Health Care Improvement Act (25 U.S.C. 1601
        et seq.).
    (h) Definitions.--For purposes of this section:
            (1) Antitrust laws.--The term ``antitrust laws''--
                    (A) has the meaning given it in subsection (a) of
                the first section of the Clayton Act (15 U.S.C. 12(a)),
                except that such term includes section 5 of the Federal
                Trade Commission Act (15 U.S.C. 45) to the extent such
                section 5 applies to unfair methods of competition; and
                    (B) includes any State law similar to the laws
                referred to in subparagraph (A).
            (2) Health plan and related terms.--
                    (A) In general.--The term ``health plan''--
                            (i) means a group health plan or a health
                        insurance issuer that is offering health
                        insurance coverage;
                            (ii) includes a prescription drug plan
                        offered under part D of title XVIII of the
                        Social Security Act and a Medicare Advantage
                        plan offered under part C of such title; and
                            (iii) includes any entity  that contracts
                        with such a plan or issuer for the
                        administering of services under the plan or
                        coverage.
                    (B) Health insurance coverage; health insurance
                issuer.--The terms ``health insurance coverage'' and
                ``health insurance issuer'' have the meanings given
                such terms under paragraphs (1) and (2), respectively,
                of section 733(b) of the Employee Retirement Income
                Security Act of 1974 (29 U.S.C. 1191b(b)).
                    (C) Group health plan.--The term ``group health
                plan'' has the meaning given that term in section
                733(a)(1) of the Employee Retirement Income Security
                Act of 1974 (29 U.S.C. 1191b(a)(1)).
            (3) Independent pharmacy.--The term ``independent
        pharmacy'' means a pharmacy which is not owned (or operated) by
        a publicly traded company. For purposes of the previous
        sentence, the term ``publicly traded company'' means a company
        that is an issuer within the meaning of section 2(a)(7) of the
        Sarbanes-Oxley Act of 2002 (15 U.S.C. 7201(a)(7)).

Output:
Community Pharmacy Fairness Act of 2007 - Entitles independent pharmacies negotiating contract terms with a health plan for the provision of health care items or services to the same treatment under the antitrust laws as the treatment to which bargaining units recognized under the National Labor Relations Act are entitled. Treats such a pharmacy as an employee engaged in concerted activities in connection with such negotiations.

Exempts actions taken in good faith reliance on this Act from being subject to criminal sanctions or civil penalties beyond actual damages incurred.

Prohibits: (1) exempting from the antitrust laws any agreement or otherwise unlawful conspiracy that excludes, limits the participation or reimbursement of, or otherwise limits the scope of services to be provided by any independent pharmacy or group of independent pharmacies with respect to the performance of services that are within their scope of practice as defined or permitted by relevant law or regulation; and (2) applying this Act to negotiations between independent pharmacies and health plans pertaining to federal health benefits.


Input:
SECTION 1. JURISDICTION OF THE COMMODITY FUTURES TRADING COMMISSION
              OVER ENERGY TRADING MARKETS AND METALS TRADING MARKETS.

    (a) FERC Liaison.--Section 2(a)(8) of the Commodity Exchange Act (7
U.S.C. 2(a)(8)) is amended by adding at the end the following:
                    ``(C) FERC liaison.--The Commission shall, in
                cooperation with the Federal Energy Regulatory
                Commission, maintain a liaison between the Commission
                and the Federal Energy Regulatory Commission.''.
    (b) Exempt Transactions.--Section 2 of the Commodity Exchange Act
(7 U.S.C. 2) is amended--
            (1) in subsection (h), by adding at the end the following:
            ``(7) Applicability.--This subsection does not apply to an
        agreement, contract, or transaction in an exempt energy
        commodity or an exempt metal commodity described in section
        2(j)(1).''; and
            (2) by adding at the end the following:
    ``(j) Exempt Transactions.--
            ``(1) Transactions in exempt energy commodities and exempt
        metals commodities.--An agreement, contract, or transaction
        (including a transaction described in section 2(g)) in an
        exempt energy commodity or exempt metal commodity shall be
        subject to--
                    ``(A) sections 4b, 4c(a), 4c(b), 4o, and 5b;
                    ``(B) subsections (c) and (d) of section 6 and
                sections 6c, 6d, and 8a, to the extent that those
                provisions--
                            ``(i) provide for the enforcement of the
                        requirements specified in this subsection; and
                            ``(ii) prohibit the manipulation of the
                        market price of any commodity in interstate
                        commerce or for future delivery on or subject
                        to the rules of any contract market;
                    ``(C) sections 6c, 6d, 8a, and 9(a)(2), to the
                extent that those provisions prohibit the manipulation
                of the market price of any commodity in interstate
                commerce or for future delivery on or subject to the
                rules of any contract market;
                    ``(D) section 12(e)(2); and
                    ``(E) section 22(a)(4).
            ``(2) Bilateral dealer markets.--
                    ``(A) In general.--Except as provided in paragraph
                (6), a person or group of persons that constitutes,
                maintains, administers, or provides a physical or
                electronic facility or system in which a person has the
                ability to offer, execute, trade, or confirm the
                execution of an agreement, contract, or transaction
                (including a transaction described in section 2(g))
                (other than an agreement, contract, or transaction in
                an excluded commodity) by making or accepting the bids
                and offers of 1 or more participants on the facility or
                system (including facilities or systems described in
                clauses (i) and (iii) of section 1a(33)(B)), the person
                or group of persons, and the facility or system
                (referred to in this subsection as a `bilateral dealer
                market') may offer to enter into, enter into, or
                confirm the execution of any agreement, contract, or
                transaction under paragraph (1) (other than an
                agreement, contract, or transaction in an excluded
                commodity) if the bilateral dealer market meets the
                requirement of subparagraph (B).
                    ``(B) Requirement.--The requirement of this
                subparagraph is that a bilateral dealer market shall--
                            ``(i) provide notice to the Commission in
                        such form as the Commission may specify by rule
                        or regulation;
                            ``(ii) file with the Commission any reports
                        (including large trader position reports) that
                        the Commission requires by rule or regulation;
                            ``(iii)(I) consistent with section 4i,
                        maintain books and records relating to each
                        transaction in such form as the Commission may
                        specify for a period of 5 years after the date
                        of the transaction; and
                            ``(II) make those books and records
                        available to representatives of the Commission
                        and the Department of Justice for inspection
                        for a period of 5 years after the date of each
                        transaction; and
                            ``(iv) make available to the public on a
                        daily basis such information as total volume by
                        commodity, settlement price, open interest,
                        opening and closing ranges, and any other
                        information that the Commission determines to
                        be appropriate for public disclosure, except
                        that the Commission may not--
                                    ``(I) require the real time
                                publication of proprietary information;
                                or
                                    ``(II) prohibit the commercial sale
                                of real time proprietary information.
            ``(3) Reporting requirements.--On request of the
        Commission, an eligible contract participant that trades on a
        bilateral dealer market shall provide to the Commission, within
        the time period specified in the request and in such form and
        manner as the Commission may specify, any information relating
        to the transactions of the eligible contract participant on the
        bilateral dealer market within 5 years after the date of any
        transaction that the Commission determines to be appropriate.
            ``(4) Capital requirements.--
                    ``(A) In general.--Except as provided in
                subparagraph (B), a bilateral dealer market shall adopt
                a value-at-risk model approved by the Commission.
                    ``(B) Capital commensurate with risk.--If there is
                an interaction of multiple bids and multiple offers on
                the bilateral dealer market in a predetermined,
                nondiscretionary automated trade matching and trade
                execution algorithm or bids and offers and acceptances
                of bids and offers made on the bilateral dealer market
                are binding, a bilateral dealer market shall maintain
                sufficient capital commensurate with the risk
                associated with transactions on the bilateral dealer
                market, as determined by the Commission.
            ``(5) Transactions exempted by commission action.--Any
        agreement, contract, or transaction on a bilateral dealer
        market (other than an agreement, contract, or transaction in an
        excluded commodity) that would otherwise be exempted by the
        Commission under section 4(c) shall be subject to--
                    ``(A) sections 4b, 4c(a), 4c(b), 4o, and 5b; and
                    ``(B) subsections (c) and (d) of section 6 and
                sections 6c, 6d, 8a, and 9(a)(2), to the extent that
                those provisions prohibit the manipulation of the
                market price of any commodity in interstate commerce or
                for future delivery on or subject to the rules of any
                contract market.
            ``(6) No effect on other ferc authority.--This subsection
        does not affect the authority of the Federal Energy Regulatory
        Commission to regulate transactions under the Federal Power Act
        (16 U.S.C. 791a et seq.) or the Natural Gas Act (15 U.S.C 717
        et seq.).
            ``(7) Applicability.--This subsection does not apply to--
                    ``(A) a designated contract market regulated under
                section 5; or
                    ``(B) a registered derivatives transaction
                execution facility regulated under section 5a.''.
    (c) Contracts Designed to Defraud or Mislead.--Section 4b of the
Commodity Exchange Act (7 U.S.C. 6b) is amended by striking subsection
(a) and inserting the following:
    ``(a) Prohibition.--It shall be unlawful for any member of a
registered entity, or for any correspondent, agent, or employee of any
member, in or in connection with any order to make, or the making of,
any contract of sale of any commodity in interstate commerce, made, or
to be made on or subject to the rules of any registered entity, or for
any person, in or in connection with any order to make, or the making
of, any agreement, transaction, or contract in a commodity subject to
this Act--
            ``(1) to cheat or defraud or attempt to cheat or defraud
        any person;
            ``(2) willfully to make or cause to be made to any person
        any false report or statement, or willfully to enter or cause
        to be entered any false record;
            ``(3) willfully to deceive or attempt to deceive any person
        by any means; or
            ``(4) to bucket the order, or to fill the order by offset
        against the order of any person, or willfully, knowingly, and
        without the prior consent of any person to become the buyer in
        respect to any selling order of any person, or to become the
        seller in respect to any buying order of any person.''
    (d) Conforming Amendments.--The Commodity Exchange Act is amended--
            (1) in section 2 (7 U.S.C. 2)--
                    (A) in subsection (h)--
                            (i) in paragraph (1), by striking
                        ``paragraph (2)'' and inserting ``paragraphs
                        (2) and (7)''; and
                            (ii) in paragraph (3), by striking
                        ``paragraph (4)'' and inserting ``paragraphs
                        (4) and (7)''; and
                    (B) in subsection (i)(1)(A), by striking ``section
                2(h) or 4(c)'' and inserting ``subsection (h) or (j) or
                section 4(c)'';
            (2) in section 4i (7 U.S.C. 6i)--
                    (A) by striking ``any contract market or'' and
                inserting ``any contract market,''; and
                    (B) by inserting ``, or pursuant to an exemption
                under section 4(c)'' after ``transaction execution
                facility'';
            (3) in section 5a(g)(1) (7 U.S.C. 7a(g)(1)), by striking
        ``section 2(h)'' and inserting ``subsection (h) or (j) of
        section 2'';
            (4) in section 5b (7 U.S.C. 7a-1)--
                    (A) in subsection (a)(1), by striking ``2(h) or''
                and inserting ``2(h), 2(j), or''; and
                    (B) in subsection (b), by striking ``2(h) or'' and
                inserting ``2(h), 2(j), or''; and
            (5) in section 12(e)(2)(B) (7 U.S.C. 16(e)(2)(B)), by
        striking ``section 2(h) or 4(c)'' and inserting ``subsection
        (h) or (j) of section 2 or section 4(c)''.

SEC. 2. JURISDICTION OF THE FEDERAL ENERGY REGULATORY COMMISSION OVER
              ENERGY TRADING MARKETS.

    Section 402 of the Department of Energy Organization Act (42 U.S.C.
7172) is amended by adding at the end the following:
    ``(i) Jurisdiction Over Derivatives Transactions.--
            ``(1) In general.--To the extent that the Commission
        determines that any contract that comes before the Commission
        is not under the jurisdiction of the Commission, the Commission
        shall refer the contract to the appropriate Federal agency.
            ``(2) Meetings.--A designee of the Commission shall meet
        quarterly with a designee of the Commodity Futures Trading
        Commission, the Securities Exchange Commission, the Federal
        Trade Commission, and the Federal Reserve Board to discuss--
                    ``(A) conditions and events in energy trading
                markets; and
                    ``(B) any changes in Federal law (including
                regulations) that may be appropriate to regulate energy
                trading markets.
            ``(3) Liaison.--The Commission shall, in cooperation with
        the Commodity Futures Trading Commission, maintain a liaison
        between the Commission and the Commodity Futures Trading
        Commission.''.

Output: Amends the Commodity Exchange Act to instruct the Commodities Futures Trading Commission (CFTC) and the Federal Energy Regulatory Commission (FERC) to maintain a liaison with one another.Places transactions in certain energy or metal commodities within the regulatory and enforcement framework governing futures trading and foreign transactions (including a proscription against market price manipulation of any commodity in either interstate commerce or on the contract market for future delivery).Places electronic trading facilities (bilateral dealer markets) under the regulatory oversight of the CFTC, including filing, recordkeeping, reporting and capital requirements.Prohibits contracts designed to defraud or mislead.Amends the Department of Energy Organization Act to mandate that the following agencies hold quarterly meetings to discuss conditions in energy trading markets and any changes in Federal law needed to regulate them: FERC, CFTC, the Securities Exchange Commission, the Federal Trade Commission and the Federal Reserve Board.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Copper Valley Native Allotment
Resolution Act of 2007''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Association.--The term ``Association'' means the Copper
        Valley Electric Association.
            (2) Native allotment.--
                    (A) In general.--The term ``Native allotment''
                means--
                            (i) each of the following allotments issued
                        under the Act of May 17, 1906 (34 Stat. 197,
                        chapter 2469):
                                    (I) A-031653.
                                    (II) A-043380.
                                    (III) A-046337.
                                    (IV) AA-5896.
                                    (V) AA-6014, Parcel B.
                                    (VI) AA-6034.
                                    (VII) AA-7059.
                                    (VIII) AA-7242, Parcel B.
                                    (IX) AA-7336.
                                    (X) AA-7552.
                                    (XI) AA-7553.
                                    (XII) AA-7554.
                                    (XIII) AA-7600.
                                    (XIV) AA-8032; and
                            (ii) any allotment for which a patent or
                        Certificate of Allotment has been issued under
                        the Act of May 17, 1906 (34 Stat. 197, chapter
                        2469) across which the Association maintains an
                        electric transmission line on the date of
                        enactment of this Act.
                    (B) Exclusions.--The term ``Native allotment'' does
                not include any allotment to which the Secretary has
                approved the grant of a right of way or issued a patent
                or Certificate of Allotment that is subject to a right
                of way held by the Association.
            (3) Secretary.--The term ``Secretary'' means the Secretary
        of the Interior.
            (4) State.--The term ``State'' means the State of Alaska.

SEC. 3. ELECTRIC TRANSMISSION LINE RIGHTS-OF-WAY.

    (a) In General.--There is granted to the Association rights-of-way
across the Native allotments for an electric transmission line owned by
the Association.
    (b) Width.--After considering any information provided by the
Association, allottee, or any other source that the Secretary
determines to be relevant, the Secretary shall determine an accurate
legal description of the rights-of-way, the nature of the rights
granted, and the widths of the rights-of-way granted by subsection (a).
    (c) Certain Agreements.--Notwithstanding any other provision of
this Act, this Act does not apply to land owned by Ahtna, Inc. and any
prior or current right-of-way agreements that may exist between Ahtna,
Inc. and the Copper Valley Electric Association or the State.
    (d) Compensation.--
            (1) In general.--The Secretary shall--
                    (A) appraise the value of the rights-of-way granted
                under subsection (a);
                    (B) pay to any owner of a Native allotment or, if
                the owner is deceased, an heir or assign of the owner,
                compensation for the grant of a right-of-way over the
                Native allotment in an amount determined under
                paragraph (2);
                    (C) issue recordable instruments that indicate the
                location of the rights-of-way over the Native
                allotments;
                    (D) provide written notice of the compensation
                procedure for the rights-of-way to--
                            (i) the owner of record for each Native
                        allotment; or
                            (ii) if the owner of record is deceased,
                        the heir or assign of the owner of record; and
                    (E) publish in the Federal Register and any
                newspaper of general circulation within the service
                area of the Association and location of the relevant
                allotment--
                            (i) notice of the compensation procedure
                        established by this subsection; and
                            (ii) with respect to a Native allotment
                        described in section 2(2)(A)(ii), the location
                        of the right-of-way, as prepared by the
                        Association and provided to the Secretary, in
                        accordance with any requirements established by
                        the Secretary.
            (2) Calculation of payments.--
                    (A) In general.--For purposes of calculating the
                amount of compensation required under paragraph (1)(B),
                the Secretary shall determine, with respect to a
                portion of a Native allotment encumbered by a right-of-
                way--
                            (i) compensation for each right-of-way
                        based on an appraisal conducted in conformity
                        with the version of the Uniform Appraisal
                        Standards for Federal Land Acquisitions that is
                        correct as of the date of the compensation
                        proceeding; and
                            (ii) interest calculated based on the
                        section 3116 of title 40, United States Code.
                    (B) Date of valuation.--For purposes of
                subparagraph (A), the date of valuation of the
                acquisition by the Association of each right-of-way
                shall be considered to be the date of enactment of this
                Act.
            (3) Judicial review.--Notwithstanding any other provision
        of law, judicial review under this subsection shall be limited
        to a review of the determination of the Secretary under
        paragraph (2) regarding the compensation for a right-of-way
        over a Native allotment.

SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as are necessary
to carry out this Act.

            Passed the House of Representatives April 17, 2007.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.

Output:
Copper Valley Native Allotment Resolution Act of 2007 - Grants rights-of-way across specified Native allotments to the Copper Valley Electric Association for an electric transmission line.

Declares this Act inapplicable to land owned by Ahtna, Inc. and any prior or current right-of-way agreements that may exist between Ahtna, Inc. and the Copper Valley Electric Association or Alaska.

Prescribes compensation procedures.

Authorizes appropriations.