SECTION 1. SHORT TITLE. This Act may be cited as the ``Savings for Seniors Act of 2017''. SEC. 2. INTERIM PROTECTIONS FOR SOCIAL SECURITY TRUST FUND SURPLUS. (a) In General.--Section 201(d) of the Social Security Act (42 U.S.C. 402(d)) is amended-- (1) by striking ``It shall be the duty'' and inserting ``(1) Except as provided in paragraph (2), it shall be the duty''; and (2) by adding at the end the following new paragraph: ``(2)(A) There is established in the Federal Old-Age and Survivors Insurance Trust Fund a Social Security Surplus Protection Account. As soon as practicable after each fiscal year after fiscal year 2017, the Managing Trustee shall transfer to the Account, from amounts otherwise available in the Trust Fund, amounts equivalent to the social security surplus for such fiscal year. Such amounts shall be transferred from time to time to the Account, such amounts to be determined on the basis of estimates by the Managing Trustee, and proper adjustments shall be made in amounts subsequently transferred to the extent prior estimates were in excess of or were less than the correct amount. ``(B) For purposes of subparagraph (A), the term `social security surplus' means, for any fiscal year, the excess, if any, of-- ``(i) the sum of-- ``(I) the taxes imposed for such fiscal year by chapter 21 (other than sections 3101(b) and 3111(b)) of the Internal Revenue Code of 1986 with respect to wages (as defined in section 3121 of such Code) reported to the Secretary of the Treasury or his delegates pursuant to subtitle F of such Code, as determined by the Secretary of the Treasury by applying the applicable rates of tax under such chapter 21 (other than sections 3101(b) and 3111(b)) to such wages, less the amounts specified in clause (1) of subsection (b) of this section for such fiscal year, ``(II) the taxes imposed by chapter 2 (other than section 1401(b)) of the Internal Revenue Code of 1986 with respect to self-employment income (as defined in section 1402 of such Code) reported to the Secretary of the Treasury on tax returns under subtitle F of such Code, as determined by the Secretary of the Treasury by applying the applicable rate of tax under such chapter (other than section 1401(b)) to such self-employment income, less the amounts specified in clause (2) of subsection (b) of this section for such fiscal year, and ``(III) the amount equivalent to the aggregate increase in tax liabilities under chapter 1 of the Internal Revenue Code of 1986 which is attributable to the application of sections 86 and 871(a)(3) of such Code to payments from the Trust Fund, over ``(ii) the sum of-- ``(I) benefits paid from the Trust Fund during the fiscal year, and ``(II) amounts authorized to be made available from the Trust Fund under subsection (g) of this section which are paid from the Trust Fund during such fiscal year. ``(C) Notwithstanding paragraph (1), the balance in the Account shall not be available for investment by the Managing Trustee. ``(D)(i) The preceding provisions of this paragraph shall not apply with respect to fiscal years commencing with or after the first fiscal year, after fiscal year 2017, for which a provision of Federal law takes effect and authorizes, for amounts in the Trust Fund, an investment vehicle other than obligations of the United States resulting in the transfer of Trust Fund assets to the general fund of the Treasury. ``(ii) A provision of Federal law shall be deemed to meet the requirements of clause (i) if such provision includes the the following: `This Act shall be considered to be a provision of Federal law meeting the requirements of section 201(d)(2)(D)(i) of the Social Security Act.'.''. SEC. 3. SOCIAL SECURITY INVESTMENT COMMISSION. (a) Establishment.--There is established in the executive branch of the Government a Social Security Investment Commission. (b) Study and Report.--As soon as practicable after the date of the enactment of this Act, the Commission shall conduct a study to ascertain the most effective vehicles for investment of the Federal Old-Age and Survivors Insurance Trust Fund, other than investment in the form of obligations of the United States resulting in the transfer of Trust Fund assets to the general fund of the Treasury. Not later than October 1, 2017, the Commission shall submit a report to the President and to each House of the Congress setting forth its recommendations for such vehicles for investment, together with proposals for such administrative and legislative changes as the Commission determines necessary to authorize and implement such recommendations. (c) Composition.--The Commission shall be composed of-- (1) 3 members appointed by the President, of whom 1 shall be designated by the President as Chairman; (2) 2 members appointed by the Speaker of the House of Representatives; (3) 1 member appointed by the minority leader of the House of Representatives; (4) 2 members appointed by the majority leader of the Senate; and (5) 1 member appointed by the minority leader of the Senate. (d) Membership Requirements.--Members of the Commission shall have substantial experience, training, and expertise in the management of financial investments and pension benefit plans. (e) Length of Appointments.--Members of the Commission shall serve for the life of the Commission. A vacancy on the Commission shall be filled in the manner in which the original appointment was made and shall be subject to any conditions that applied with respect to the original appointment. (f) Administrative Provisions.-- (1) Meetings.--The Commission shall meet-- (A) not less than once during each month; and (B) at additional times at the call of the Chairman. (2) Exercise of powers.-- (A) In general.--The Commission shall perform the functions and exercise the powers of the Commission on a majority vote of a quorum of the Commission. Three members of the Commission shall constitute a quorum for the transaction of business. (B) Vacancies.--A vacancy on the Commission shall not impair the authority of a quorum of the Commission to perform the functions and exercise the powers of the Commission. (g) Compensation.-- (1) In general.--Each member of the Commission who is not an officer or employee of the Federal Government shall be compensated at the daily rate of basic pay for level IV of the Executive Schedule for each day during which such member is engaged in performing a function of the Commission. (2) Expenses.--A member of the Commission shall be paid travel, per diem, and other necessary expenses under subchapter I of chapter 57 of title 5, United States Code, while traveling away from such member's home or regular place of business in the performance of the duties of the Commission. (h) Termination.--The Commission shall terminate 90 days after the date of the submission of its report pursuant to subsection (b).

Summary: Savings for Seniors Act of 2017 This bill amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to establish in the Federal Old-Age and Survivors Insurance Trust Fund a Social Security Surplus Protection Account. The Managing Trustee of the Social Security trust funds (the Secretary of the Treasury) must: (1) transfer annual Social Security surpluses to the account; and (2) may not invest the balance in the account until a law takes effect after FY2017 that authorizes, for amounts in the trust fund, an investment vehicle other than U.S. obligations resulting in the transfer of trust fund assets to the general fund of the Treasury. The bill establishes in the executive branch a commission to study the most effective vehicles for investment of the Federal Old-Age and Survivors Insurance Trust Fund other than investments in the form of U.S. obligations.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Flight 93 National Memorial Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) on September 11, 2001, passengers and crewmembers of United Airlines Flight 93 courageously gave their lives to prevent a planned attack on the Capital of the United States; (2) thousands of people have visited the crash site since September 11, 2001, drawn by the heroic action and sacrifice of the passengers and crewmembers aboard Flight 93; (3) many people in the United States are concerned about the future disposition of the crash site, including-- (A) grieving families of the passengers and crewmembers; (B) the people of the region where the crash site is located; and (C) citizens throughout the United States; (4) many of those people are involved in the formation of the Flight 93 Task Force, a broad, inclusive organization established to provide a voice for all parties interested in and concerned about the crash site; (5) the crash site commemorates Flight 93 and is a profound symbol of American patriotism and spontaneous leadership by citizens of the United States; (6) a memorial of the crash site should-- (A) recognize the victims of the crash in an appropriate manner; and (B) address the interests and concerns of interested parties; and (7) it is appropriate that the crash site of Flight 93 be designated as a unit of the National Park System. (b) Purposes.--The purposes of this Act are-- (1) to establish a memorial to honor the passengers and crewmembers aboard United Airlines Flight 93 on September 11, 2001; (2) to establish the Flight 93 Advisory Commission to assist in the formulation of plans for the memorial, including the nature, design, and construction of the memorial; and (3) to authorize the Secretary of the Interior to administer the memorial, coordinate and facilitate the activities of the Flight 93 Advisory Commission, and provide technical and financial assistance to the Flight 93 Task Force. SEC. 3. DEFINITIONS. In this Act: (1) Commission.--The term ``Commission'' means the Flight 93 Advisory Commission established by section (4)(b). (2) Crash site.--The term ``crash site'' means the site in Stonycreek Township, Somerset County, Pennsylvania, where United Airlines Flight 93 crashed on September 11, 2001. (3) Memorial.--The term ``Memorial'' means the memorial to the passengers and crewmembers of United Airlines Flight 93 established by section 4(a). (4) Passenger or crewmember.-- (A) In general.--The term ``passenger or crewmember'' means a passenger or crewmember aboard United Airlines Flight 93 on September 11, 2001. (B) Exclusions.--The term ``passenger or crewmember'' does not include a terrorist aboard United Airlines Flight 93 on September 11, 2001. (5) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (6) Task Force.--The term ``Task Force'' means the Flight 93 Task Force. SEC. 4. MEMORIAL TO HONOR THE PASSENGERS AND CREWMEMBERS OF FLIGHT 93. (a) Establishment.--There is established as a unit of the National Park System a memorial at the crash site to honor the passengers and crewmembers of Flight 93. (b) Advisory Commission.-- (1) Establishment.--There is established a commission to be known as the ``Flight 93 Advisory Commission''. (2) Membership.--The Commission shall be composed of-- (A) the Director of the National Park Service; and (B) 14 members, appointed by the Secretary, from among persons recommended by the Task Force. (3) Term; vacancies.-- (A) Term.--A member of the Commission shall be appointed for the life of the Commission. (B) Vacancies.--A vacancy on the Commission-- (i) shall not affect the powers of the Commission; and (ii) shall be filled in the same manner as the original appointment was made. (4) Meetings.-- (A) In general.--The Commission shall meet at the call of the Chairperson or a majority of the members. (B) Frequency.--The Commission shall meet not less than quarterly. (C) Notice.--Notice of meetings and the agenda for the meetings shall be published in-- (i) newspapers in and around Somerset County, Pennsylvania; and (ii) the Federal Register. (D) Open meetings.--Meetings of the Commission shall be subject to section 552b of title 5, United States Code. (5) Quorum.--A majority of the members of the Commission shall constitute a quorum. (6) Chairperson.--The Commission shall select a Chairperson from among the members of the Commission. (7) Duties.--The Commission shall-- (A) not later than 3 years after the date of enactment of this Act, submit to the Secretary and Congress a report that contains recommendations for the planning, design, construction, and long-term management of the memorial; (B) advise the Secretary on-- (i) the boundaries of the memorial; and (ii) the development of a management plan for the memorial; (C) consult with the Task Force, the State of Pennsylvania, and other interested parties, as appropriate; (D) support the efforts of the Task Force; and (E) involve the public in the planning and design of the memorial. (8) Powers.--The Commission may-- (A) make expenditures for services and materials appropriate to carry out the purposes of this section; (B) accept donations for use in carrying out this section and for other expenses associated with the memorial, including the construction of the memorial; (C) hold hearings and enter into contracts, including contracts for personal services; (D) by a vote of the majority of the Commission, delegate any duties that the Commission determines to be appropriate to employees of the National Park Service; and (E) conduct any other activities necessary to carry out this Act. (9) Compensation.--A member of the Commission shall serve without compensation, but may be reimbursed for expenses incurred in carrying out the duties of the Commission. (10) Termination.--The Commission shall terminate on the dedication of the memorial. (c) Duties of the Secretary.--The Secretary shall-- (1) administer the memorial as a unit of the National Park Service in accordance with-- (A) this Act; and (B) the laws generally applicable to units of the National Park System; (2) provide advice to the Commission on the collection, storage, and archiving of information and materials relating to the crash or the crash site; (3) consult with and assist the Commission in-- (A) providing information to the public; (B) interpreting any information relating to the crash or the crash site; (C) conducting oral history interviews; and (D) conducting public meetings and forums; (4) participate in the development of plans for the design and construction of the memorial; (5) provide to the Commission-- (A) assistance in designing and managing exhibits, collections, or activities at the memorial; (B) project management assistance for design and construction activities; and (C) staff and other forms of administrative support; (6) acquire from willing sellers the land or interests in land for the memorial by donation, purchase with donated or appropriated funds, or exchange; and (7) provide the Commission any other assistance that the Commission may require to carry out this Act. Passed the Senate September 10, 2002. Attest: Secretary. 107th CONGRESS 2d Session S. 2136 _______________________________________________________________________ AN ACT To establish a memorial in the State of Pennsylvania to honor the passengers and crewmembers of Flight 93 who, on September 11, 2001, gave their lives to prevent a planned attack on the Capital of the United States.

Summary: Flight 93 National Memorial Act - Establishes at the site in Stonycreek Township, Somerset County, Pennsylvania, where Flight 93 crashed on September 11, 2001, and as a unit of the National Park System a memorial to honor the passengers and crewmembers who died.Establishes a Flight 93 Advisory Commission to recommend planning, design, construction, and long-term management of the memorial.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Hire Now Tax Cut Act of 2010''. SEC. 2. PAYROLL TAX FORGIVENESS FOR HIRING UNEMPLOYED WORKERS. (a) In General.--Section 3111 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(d) Special Exemption for Certain Individuals Hired in 2010.-- ``(1) In general.--Subsection (a) shall not apply to wages paid by a qualified employer with respect to employment during the period beginning on the day after the date of the enactment of this subsection and ending on December 31, 2010, of any qualified individual for services performed-- ``(A) in a trade or business of such qualified employer, or ``(B) in the case of a qualified employer exempt from tax under section 501(a), in furtherance of the activities related to the purpose or function constituting the basis of the employer's exemption under section 501. ``(2) Qualified employer.--For purposes of this subsection, the term `qualified employer' means any employer other than the United States, any State, any local government, or any instrumentality of the foregoing. ``(3) Qualified individual.--For purposes of this subsection, the term `qualified individual' means any individual who-- ``(A) begins employment with a qualified employer after February 3, 2010, and before January 1, 2011, ``(B) certifies by signed affidavit, under penalties of perjury, that such individual has not been employed for more than 40 hours during the 60-day period ending on the date such individual begins such employment, ``(C) is not employed by the qualified employer to replace another employee of such employer unless such other employee separated from employment voluntarily or for cause, and ``(D) is not an individual described in section 51(i)(1) (applied by substituting `qualified employer' for `taxpayer' each place it appears). ``(4) Election.--A qualified employer may elect to have this subsection not apply. Such election shall be made in such manner as the Secretary may require.''. (b) Coordination With Work Opportunity Credit.--Section 51(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(5) Coordination with payroll tax forgiveness.--The term `wages' shall not include any amount paid or incurred to a qualified individual (as defined in section 3111(d)(3)) during the 1-year period beginning on the hiring date of such individual by a qualified employer (as defined in section 3111(d)) unless such qualified employer makes an election not to have section 3111(d) apply.''. (c) Transfers to Federal Old-Age and Survivors Insurance Trust Fund.--There are hereby appropriated to the Federal Old-Age and Survivors Trust Fund and the Federal Disability Insurance Trust Fund established under section 201 of the Social Security Act (42 U.S.C. 401) amounts equal to the reduction in revenues to the Treasury by reason of the amendments made by subsection (a). Amounts appropriated by the preceding sentence shall be transferred from the general fund at such times and in such manner as to replicate to the extent possible the transfers which would have occurred to such Trust Fund had such amendments not been enacted. (d) Effective Date.--The amendments made by this section shall apply to wages paid after the date of the enactment of this Act. SEC. 3. BUSINESS CREDIT FOR RETENTION OF CERTAIN NEWLY HIRED INDIVIDUALS IN 2010. (a) In General.--In the case of any taxable year ending after the date of the enactment of this Act, the current year business credit determined under section 38(b) of the Internal Revenue Code of 1986 for such taxable year shall be increased by an amount equal to the product of-- (1) $1,000, and (2) the number of retained workers with respect to which subsection (b)(2) is first satisfied during such taxable year. (b) Retained Worker.--For purposes of this section, the term ``retained worker'' means any qualified individual (as defined in section 3111(d)(3) of the Internal Revenue Code of 1986)-- (1) who was employed by the taxpayer on any date during the taxable year, (2) who was so employed by the taxpayer for a period of not less than 52 consecutive weeks, and (3) whose wages for such employment during the last 26 weeks of such period equaled at least 80 percent of such wages for the first 26 weeks of such period.

Summary: Hire Now Tax Cut Act of 2010 - Amends the Internal Revenue Code to: (1) exempt for-profit and nonprofit employers from social security taxes in 2010 for new employees who are hired after February 3, 2010, and before January 1, 2011, and who certify that they have not worked more than 40 hours during the last 60 days; and (2) allow an increase in the general business tax credit for the retention of such employees for at least one year at specified wage levels. Appropriates to the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund under title II of the Social Security Act amounts necessary to cover any reduction in revenues resulting from the tax exemptions provided by this Act.


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

Summary: 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.


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.

Summary: 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.


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.

Summary: 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.


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.

Summary: 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.


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)''.

Summary: 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.


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)).

Summary: 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.


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.''.

Summary: 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.


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.

Summary: 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.