SECTION 1. SHORT TITLE. This Act may be cited as the ``Lake Erie Western Basin International Wildlife Refuge Establishment Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) The western basin of Lake Erie, as part of the Great Lakes ecosystem, the largest freshwater ecosystem on the face of the Earth, is vitally important to the economic and environmental future of the United States. (2) Over the past three decades, the citizens and governmental institutions of both the United States and Canada have devoted increasing attention and resources to the restoration of the water quality and fisheries of the Great Lakes, including the western basin. This increased awareness has been accompanied by a gradual shift to a holistic ``ecosystem approach'' that highlights a growing recognition that shoreline areas--the nearshore terrestrial ecosystems--are an integral part of the western basin and the Great Lakes ecosystem as a whole. (3) The Great Lakes account for more than 90 percent of the surface freshwater in the nation. The western basin receives approximately 90 percent of its flow from the Detroit River and only approximately 10 percent from tributaries. (4) The western basin of Lake Erie is an important ecosystem that includes a number of distinct islands, channels, rivers, and shoals that support dense populations of fish, wildlife, and aquatic plants. (5) The coastal wetlands of Lake Erie support the largest diversity of plant and wildlife species in the Great Lakes. The moderate climate of Lake Erie and its more southern latitude allow for many species that are not found in or along the northern Great Lakes. More than 300 species of plants, including 37 significant species, have been identified in the aquatic and wetland habitats of the western basin. (6) The shallow western basin, from the Lower Detroit River to Sandusky Bay, is home to the largest concentration of marshes in Lake Erie, including Mouille, Metzger, and Magee marshes, the Maumee Bay wetland complex, the wetland complexes flanking Locust Point, and the wetlands in Sandusky Bay. The larger United States islands in western Lake Erie have wetlands in the small ebayments. (7) The wetlands in the western basin of Lake Erie comprise as some of the most important waterfowl habitat in the Great Lakes. Waterfowl, wading birds, shore birds, gulls and terns, raptors, and perching birds all use the western basin wetlands for migration, nesting, and feeding. Hundreds of thousands of diving ducks stop to rest in the Lake Erie area on their fall migration from Canada to the east and south. The wetlands of the western basin provide a major stopover for sea ducks such as migrating bufflehead, common goldeneye, common mergansers, and ruddy duck. (8) The international importance of Lake Erie is manifested in the United States congressional designation of the Ottawa and Cedar Point National Wildlife Refuges. (9) Lake Erie has an international reputation for walleye, perch, and bass fishing, recreational boating, birding, photography, and duck hunting. On an economic basis, Lake Erie tourism accounts for an estimate $1,500,000,000 in retail sales and more than 50,000 jobs. (10) Many of the 417,000 boats that are registered in Ohio are used in the western basin of Lake Erie, in part to fish for the estimated 10,000,000 walleye that migrate from the lake to spawn. This internationally renowned walleye fishery drives much of Ohio's $2,000,000,000 sport fishing industry. (11) Coastal wetlands in the western basin have been subjected to intense pressure for 150 years. Prior to 1850, the western basin was part of an extensive coastal marsh and swamp system of approximately 122,000 hectares that comprised a portion of the Great Black Swamp. By 1951, only 12,407 wetland hectares remained in the western basin. Half of that acreage was destroyed between 1972 and 1987. Therefore, today only approximately 5,000 hectares remain. Along the Michigan shoreline, coastal wetlands were reduced by 62 percent between 1916 and the early 1970s. The development of the city of Monroe has had a particularly significant impact on the coastal wetlands at the mouth of the Raisin River: only approximately 100 hectares remain physically unaltered today in an area where 70 years ago marshes were 10 times more extensive. In addition to the actual loss of coastal wetland acreage along the shores of Lake Erie, the quality of many remaining wetlands has been degraded by numerous stressors, especially excessive loadings of sediments and nutrients, contaminants, shoreline modification, exotic species, and the diking of wetlands. Protective peninsula beach systems, such as the former Bay Point and Woodtick, at the border of Ohio and Michigan near the mouth of the Ottawa River and Maumee Bay, have been eroded over the years, exacerbating erosion along the shorelines and impacting the breeding and spawning grounds. SEC. 3. DEFINITIONS. For purposes of this Act: (1) The term ``Refuge'' means the Lake Erie Western Basin International Wildlife Refuge established by section 5. (2) The term ``Secretary'' means the Secretary of the Interior. (3) The term ``Lake Erie Western Basin'' means those lands and waters within the area described in section 5(a). SEC. 4. PURPOSES. The purposes for which the Refuge is established and shall be managed are as follows: (1) To protect the remaining high-quality fish and wildlife habitats of the western basins of Lake Erie before they are lost to further development and to restore and enhance degraded wildlife habitats associated with the western basin of Lake Erie. (2) To assist in international efforts to conserve, enhance, and restore the native aquatic and terrestrial community characteristics of the western basin of Lake Erie (including associated fish, wildlife, and plant species), both in the United States and Canada in partnership with nongovernmental and private organizations, as well as private individuals dedicated to habitat enhancement. (3) To facilitate partnerships among the United States Fish and Wildlife Service, Canadian national and provincial authorities, State and local governments, local communities in the United States and in Canada, conservation organizations, and other non-Federal entities to promote public awareness of the resources of the western basin of Lake Erie. (4) To advance the collective goals and priorities established in the ``Great Lakes Strategy 2002--A Plan for the New Millennium'', by the United States Policy Committee comprised of various Federal agencies, including the United States Fish and Wildlife Service, the Environmental Protection Agency, the Army Corps of Engineers, the National Oceanic and Atmospheric Administration, the United States Geological Survey, the Agency for Toxic Substances and Disease Registry, the Forest Service, and the Great Lakes Fishery Commission, as well as the State governments and tribal governments in the Great Lakes. These goals, broadly stated, include working together to protect and restore the chemical, physical, and biological integrity of the Great Lakes basin ecosystem. SEC. 5. ESTABLISHMENT OF REFUGE. (a) Boundaries.--There is hereby established the Lake Erie Western Basin International Wildlife Refuge, consisting of the lands and waters owned or managed by the Secretary pursuant to this Act in the State of Michigan from the southern boundary of Sterling State Park to the eastern edge of Sandusky Bay, as depicted upon the map entitled ``Lake Erie Western Basin International Wildlife Refuge Proposed'', dated May 12, 2002, which shall be available for inspection in appropriate offices of the United States Fish and Wildlife Service. (b) Existing Refuge Lands.--The Ottawa National Wildlife Refuge and the Cedar Point National Wildlife Refuge are hereby included within, and shall be a part of, the Lake Erie Western Basin International Wildlife Refuge. All references to the Ottawa and Cedar Point national wildlife refuges shall hereafter be treated as references to the Lake Erie Western Basin International Wildlife Refuge. (c) Boundary Revisions.--The Secretary may make such revisions of the boundaries of the Refuge as may be appropriate to carry out the purposes of the Refuge or to facilitate the acquisition of property within the Refuge. (d) Acquisition.--The Secretary is authorized to acquire by donation, purchase with donated or appropriated funds, or exchange the lands and waters, or interests therein (including conservation easements), within the boundaries of the Refuge. Any and all acquisitions of lands or waters under the provisions of this Act shall be made in a voluntary manner and shall not be the result of forced takings. (e) Transfers From Other Agencies.--Any Federal property located within the boundaries of the Refuge which is under the administrative jurisdiction of another department or agency of the United States may, with the concurrence of the head of administering department or agency, be transferred without consideration to the administrative jurisdiction of the Secretary for the purposes of this Act. (f) Study of Associated Area.--The Secretary, acting through the Director of the United States Fish and Wildlife Service, shall conduct a study of fish and wildlife habitat and aquatic and terrestrial communities of the Maumee River, from its mouth to an appropriate juncture along the Maumee River Heritage Corridor between Toledo and Fort Wayne, Indiana. Not later than 18 months after the date of the enactment of the Act, the Secretary shall complete such study and submit a report containing the results thereof to the Congress. SEC. 6. ADMINISTRATION. (a) In General.--The Secretary shall administer all federally owned lands, waters, and interests therein that are within the boundaries of the Refuge in accordance with the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd et seq.) and this Act. The Secretary may use such additional statutory authority as may be available for the conservation of fish and wildlife, and the provision of fish and wildlife dependent recreational opportunities as the Secretary considers appropriate to carry out the purposes of this Act. (b) Priority Uses.--In providing opportunities for compatible fish and wildlife dependent recreation, the Secretary, in accordance with paragraphs (3) and (4) of section 4(a) of the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd(a)), shall ensure that hunting, fishing, wildlife observation and photography, and environmental education and interpretation are the priority public uses of the Refuge. (c) Cooperative Agreements Regarding Non-Federal Lands.--The Secretary is authorized to enter into cooperative agreements with the State of Ohio or Michigan, or any political subdivision thereof, and with any other person or entity for the management in a manner consistent with this Act of lands that are owned by such State, subdivision, or other person or entity and located within the boundaries of the Refuge and to promote public awareness of the resources of the Lake Erie Western Basin International Wildlife Refuge and encourage public participation in the conservation of those resources. (d) Use of Existing Greenway Authority.--The Secretary shall encourage the State of Ohio to use existing authorities under the Transportation Equity Act for the 21st Century to provide funding for acquisition and development of trails within the boundaries of the Refuge.

Summary: Lake Erie Western Basin International Wildlife Refuge Establishment Act - Establishes the Lake Erie Western Basin International Wildlife Refuge (Refuge), Michigan and Ohio. Includes the Ottawa National Wildlife Refuge and the Cedar Point National Wildlife Refuge within it.Authorizes the Secretary of the Interior to: (1) revise Refuge boundaries to carry out its purposes or to facilitate the acquisition of property; and (2) acquire by donation, purchase, or exchange the lands and waters or interests within such boundaries. Provides for transfers from other agencies.Requires the Secretary, acting through the Director of the U.S. Fish and Wildlife Service, to conduct a study of fish and wildlife habitat and aquatic and terrestrial communities of the Maumee River.Directs the Secretary to: (1) administer all federally owned lands, waters, and interests within the Refuge; (2) ensure that hunting, fishing, wildlife observation and photography, and environmental education and interpretation are the priority public uses of the Refuge; and (3) encourage Ohio to use existing authorities under the Transportation Equity Act for the 21st Century to provide funding for acquisition and development of trails within the Refuge.Authorizes the Secretary to enter into cooperative agreements regarding non-Federal lands.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Managed Care Plan Accountability Act of 1997''. SEC. 2. IMPROVEMENTS IN ERISA ENFORCEMENT WITH RESPECT TO MANAGED CARE GROUP HEALTH PLANS. (a) Additional Remedies for Cost-Driven Violations of Plan Terms.-- (1) In general.--Section 502(c) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1132(c)) is amended-- (A) by redesignating paragraph (6) as paragraph (7); and (B) by inserting after paragraph (5) the following new paragraph: ``(6)(A) In any case in which a group health plan, or a health insurance issuer offering health insurance coverage in connection with such plan, provides benefits under such plan under managed care, and such plan or issuer fails to provide any such benefit in accordance with the terms of the plan or such coverage, insofar as such failure occurs pursuant to a clinically or medically inappropriate decision or determination resulting from-- ``(i) the application of any cost containment technique, ``(ii) any utilization review directed at cost containment, or ``(iii) any other medical care delivery policy decision which restricts the ability of providers of medical care from utilizing their full discretion for treatment of patients, each specified defendant shall be jointly and severally liable to any participant or beneficiary aggrieved by such failure for actual damages (including compensatory and consequential damages) proximately caused by such failure, and may, in the court's discretion, be liable to such participant or beneficiary for punitive damages. ``(B) For purposes of this paragraph-- ``(i) a group health plan, or a health insurance issuer offering health insurance coverage in connection with the plan, provides benefits under `managed care' if the plan or the issuer-- ``(I) provides or arranges for the provision of the benefits to participants and beneficiaries primarily through participating providers of medical care, or ``(II) provides financial incentives (such as variable copayments and deductibles) to induce participants and beneficiaries to obtain the benefits primarily through participating providers of medical care, or both. ``(ii) The term `specified defendant' means, in connection with any failure to provide any benefit, a person who is-- ``(I) the plan sponsor, or ``(II) a health insurance issuer offering health insurance coverage in connection with the plan, insofar as an act or failure to act of such person constitutes or contributes to the failure to so provide such benefit. ``(iii) The term `participating' means, with respect to a provider of medical care in relation to a group health plan or health insurance coverage offered in connection with a group health plan, a provider that furnishes the items and services comprising medical care to participants and beneficiaries under the plan under an agreement with the plan or with a health insurance issuer offering the coverage. ``(iv) The provisions of section 733 apply in the same manner and to the same extent as they apply for purposes of part 7. ``(C) Remedies under this paragraph are in addition to remedies otherwise provided under this section.''. (2) Concurrent jurisdiction.--Section 502(e)(1) of such Act (29 U.S.C. 1132(e)(1)) is amended-- (A) in the first sentence, by inserting ``and except for actions under subsection (a)(1)(A) of this section for the relief provided in subsection (c)(6) of this section,'' after ``this section,''; and (B) in the last sentence, by inserting ``and under subsection (a)(1)(A) of this section for the relief provided in subsection (c)(6) of this section'' after ``this section''. (b) Indemnification for Liability of Providers Bound by Plan Restrictions on Medical Communications.--Section 502 of such Act (29 U.S.C. 1132) is amended further by adding at the end the following new subsection: ``(n)(1) In any case in which a group health plan, or a health insurance issuer offering health insurance coverage in connection with such plan, provides benefits under such plan under managed care, the plan shall provide for full indemnification of any participating provider of medical care for any liability incurred by such provider for any failure to provide any such benefit in accordance with the terms of the plan or such coverage, if such failure is the direct result of a plan restriction on medical communications under the plan. ``(2) For purposes of this subsection-- ``(A) the term `plan restriction on medical communications' under a group health plan means a provision of the plan, or of any health insurance coverage offered in connection with the plan, which prohibits, restricts, or interferes with any medical communication as part of-- ``(i) a written contract or agreement with a participating provider of medical care, ``(ii) a written statement to a participating provider of medical care, or ``(iii) an oral communication to a participating provider of medical care. ``(B) The term `medical communication'-- ``(i) means any communication made by the provider of medical care-- ``(I) regarding the mental or physical health care needs or treatment of a patient and the provisions, terms, or requirements of the group health plan or health insurance coverage or another plan or coverage relating to such needs or treatment, and ``(II) between the provider and a current, former, or prospective patient (or the guardian or legal representative of a patient), between the provider and any employee or representative of the plan or issuer, or between the provider and any employee or representative of any State or Federal authority with responsibility for the licensing or oversight with respect to the plan or issuer; and ``(ii) includes communications concerning-- ``(I) any tests, consultations, and treatment options, ``(II) any risks or benefits associated with such tests, consultations, and options, ``(III) variation among any providers of medical care and any institutions providing such services in experience, quality, or outcomes, ``(IV) the basis or standard for the decision of a managed care group health plan, or a health insurance issuer offering health insurance coverage in connection with such a plan, to authorize or deny particular benefits consisting of medical care, ``(V) the process used by the plan or issuer to determine whether to authorize or deny particular benefits consisting of medical care, and ``(VI) any financial incentives or disincentives provided by the plan or issuer to a provider of medical care that are based on service utilization. ``(C) For purposes of this paragraph, the provisions of subsection (c)(6)(B) apply in the same manner and to the same extent as they apply for purposes of subsection (c)(6), and the provisions of section 733 apply in the same manner and to the same extent as they apply for purposes of part 7.''. SEC. 3. EXCISE TAX FOR COST-DRIVEN VIOLATIONS OF PLAN TERMS. (a) In General.--Chapter 100 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subchapter: ``Subchapter B--Failure To Provide Health Benefits Due to Improper Cost-Driven Delivery Policy Decisions ``Sec. 9811. Failure to provide health benefits due to improper cost- driven delivery policy decisions. ``SEC. 9811. FAILURE TO PROVIDE HEALTH BENEFITS DUE TO IMPROPER COST- DRIVEN DELIVERY POLICY DECISIONS. ``(a) General Rule.--In the case of a group health coverage to which this section applies, there is a failure to meet the requirements of this chapter if-- ``(1) the provider of such coverage fails to provide any benefit in accordance with the terms of the coverage, and ``(2) such failure occurs pursuant to a clinically or medically inappropriate decision or determination resulting from the application of-- ``(A) any cost containment technique, ``(B) any utilization review directed at cost containment, or ``(C) any other medical care delivery policy decision which restricts the ability of providers of medical care from utilizing their full discretion for treatment of patients. ``(b) Health Coverage Providers to Which Section Applies.--This section shall apply to any group health coverage which is provided under managed care. ``(c) Definitions.--For purposes of this section-- ``(1) Group health coverage.--The term `group health coverage' means-- ``(A) coverage under any group health plan, and ``(B) health insurance coverage provided by a health insurance issuer. ``(2) Managed care.--Group health coverage is provided under managed care if-- ``(A) such coverage is provided primarily through participating providers of medical care, or ``(B) the provider of such coverage provides financial incentives (such as variable copayments and deductibles) to induce participants and beneficiaries to obtain the benefits primarily through participating providers of medical care, or both. ``(3) Provider.--The term `provider' means-- ``(A) the group health plan in the case of coverage described in paragraph (2)(A), and ``(B) the health insurance issuer in the case of coverage described in paragraph (2)(B). ``(4) Other definitions.--The terms `group health plan', `health insurance coverage', and `health insurance issuer' have the respective meanings given such terms by section 9805.''. (b) Conforming Amendments.-- (1) Subtitle K of such Code is amended by striking all that precedes section 9801 and inserting the following: ``Subtitle K--Group Health Plan Requirements ``Chapter 100. Group health plan requirements. ``CHAPTER 100--GROUP HEALTH PLAN REQUIREMENTS ``Subchapter A. Requirements relating to portability, access, and renewability. ``Subchapter B. Failure to provide health benefits due to improper cost- driven delivery policy decisions.'' (2) The table of subtitles for such Code is amended by striking the item relating to subtitle K and inserting the following new item: ``Subtitle K. Group health plan requirements.'' SEC. 4. EFFECTIVE DATE. The amendments made by this Act shall apply with respect to plan years beginning after on or after January 1, 1998.

Summary: Managed Care Plan Accountability Act of 1997 - Amends the Employee Retirement Income Security Act of 1974 and the Internal Revenue Code (IRC) with respect to accountability for violations of requirements for managed care group health plans, especially failure to provide health benefits due to improper cost-driven delivery policy decisions. Imposes joint and several liability for actual (including compensatory and consequential) damages, and, in the court's discretion, for punitive damages, on a group health plan, or a plan health insurance issuer, for failure to provide a benefit in accordance with plan terms, insofar as such failure occurs pursuant to a clinically or medically inappropriate decision or determination resulting from application of any cost containment technique, related utilization review, or any other medical care delivery policy decision which restricts the ability of medical care providers to use their full discretion for treatment of patients. Provides for an action for damages in either a State or Federal court. Requires managed care group health plans to provide for full indemnification of medical care providers bound by plan restrictions for any liability incurred for such a failure if it is the direct result of a plan restriction on medical communications. Amends the IRC to establish an excise tax for such cost-driven violations of plan terms.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Railroad Hours of Service Act of 2010''. SEC. 2. REDESIGNATIONS. Chapter 211 of title 49, United States Code, is amended by redesignating sections 21101 through 21109 as sections 21102 through 21110, respectively. SEC. 3. PURPOSE. Chapter 211 of title 49, United States Code, is further amended by inserting before section 21102 (as so redesignated by section 2 of this Act) the following: ``Sec. 21101. Purpose ``Railroad employees covered by this chapter shall be provided predictable and defined work and rest periods.''. SEC. 4. DEFINITIONS. Section 21102 (as so redesignated by section 2 of this Act) of chapter 211 of title 49, United States Code, is amended-- (1) in paragraph (5), by inserting ``and yardmaster employee'' before the period; and (2) by adding at the end the following: ``(6) `yardmaster employee' means an employee who supervises and coordinates the activities of workers engaged in railroad traffic operations, including making up or breaking up trains and switching inbound or outbound traffic.''. SEC. 5. NONAPPLICATION, EXEMPTION, AND ALTERNATE HOURS OF SERVICE REGIME. Section 21103(c) (as so redesignated by section 2 of this Act) of chapter 211 of title 49, United States Code is amended-- (1) in paragraph (1)(A), by striking ``21109(b)'' and inserting ``21110(b)''; (2) in paragraph (3), by striking ``21109(b)'' and inserting ``21110(b)''; (3) by striking subparagraph (C) of paragraph (4); (4) by redesignating subparagraph (D) of paragraph (4) as subparagraph (B); and (5) by striking ``new section 21103'' each place it appears and inserting ``section 21104''. SEC. 6. LIMITATIONS ON DUTY HOURS OF TRAIN EMPLOYEES. Section 21104 (as so redesignated by section 2 of this Act) of chapter 211 of title 49, United States Code, is amended-- (1) in subsection (a)-- (A) in paragraph (3)-- (i) by striking ``remain or go on duty unless'' and inserting ``initiate an on duty period unless''; and (ii) by striking ``during the prior 24 hours; or'' and inserting ``immediately prior to going on duty; or''; (B) in paragraph (4)(A)-- (i) in clause (i), by striking ``work'' and inserting ``initiate an on duty period''; and (ii) in clause (ii), by striking ``works'' and inserting ``initiates an on duty period on''; and (C) in the matter after paragraph (4) by inserting ``For purposes of paragraph (4)(A) and (B), within 12 months after the date of enactment of the Railroad Hours of Service Act of 2010, the Secretary shall prescribe regulations to require all deadhead transportation in excess of a specific number of hours to be counted as time on duty and shall reset the calendar day clock.'' before ``The Secretary may waive''; (2) in subsection (b)(7), by striking ``when the employee is prevented'' and all that follows through ``employee left the designated terminal.'' and inserting ``. A train employee shall be notified before going off duty whether such period off duty is an interim release.''; and (3) in subsection (c)(1)-- (A) in subparagraph (A)(ii), by striking ``and'' at the end; (B) in subparagraph (B)(ii), by striking ``21109.'' and inserting ``21110; and''; and (C) by adding at the end the following new subparagraph: ``(C) to exceed 2 hours in deadhead transportation per each tour of duty.''. SEC. 7. LIMITATIONS ON DUTY HOURS OF SIGNAL EMPLOYEES. Section 21105 (as so redesignated by section 2 of this Act) of chapter 211 of title 49, United States Code, is amended-- (1) in subsection (b)(2), by inserting ``, including all work where there is a potential to interact or otherwise come into contact with safety-critical devices or circuits,'' before ``is time on duty''; (2) in subsection (e), by adding at the end the following: ``Signal employees operating motor vehicles requiring a commercial driver's license while on duty shall be considered covered service.''; and (3) by adding at the end the following new subsection: ``(f) Safety-Critical Devices or Circuits.--Time on duty shall include all work where there is a potential to interact or otherwise come into contact with safety-critical devices or circuits.''. SEC. 8. LIMITATIONS ON DUTY HOURS OF DISPATCHING SERVICE EMPLOYEES AND YARDMASTER EMPLOYEES. Section 21106 (as so redesignated by section 2 of this Act) of chapter 211 of title 49, United States Code, is amended-- (1) in the section heading by inserting ``and yardmaster employees'' after ``service employees''; (2) in subsection (a)-- (A) by striking ``21103 or 21104'' and inserting ``21104 or 21105''; and (B) by inserting ``or yardmaster employee'' after ``service employee''; (3) in subsection (b), by inserting ``or yardmaster employee'' after ``a dispatching service employee''; (4) in subsection (c), by adding at the end the following: ``All commingle service involving yardmaster service and dispatcher service mixing with freight service shall be covered under the provisions of section 21104.''; and (5) in subsection (d), by inserting ``or yardmaster employee'' after ``dispatching service employee''. SEC. 9. CLERICAL AMENDMENT. Chapter 211 of title 49, United States Code, is further amended by amending the table of sections at the beginning of the chapter to read as follows: ``Sec. ``21101. Purpose. ``21102. Definitions. ``21103. Nonapplication, exemption, and alternate hours of service regime. ``21104. Limitations on duty hours of train employees. ``21105. Limitations on duty hours of signal employees. ``21106. Limitations on duty hours of dispatching service employees and yardmaster employees. ``21107. Limitations on employee sleeping quarters. ``21108. Maximum duty hours and subjects of collective bargaining. ``21109. Pilot projects. ``21110. Regulatory authority.''.

Summary: Railroad Hours of Service Act of 2010 - Extends railroad hours of services requirements and limitations to cover yardmaster employees who supervise and coordinate the activities of workers engaged in railroad traffic operations, including making up or breaking up trains and switching inbound or outbound traffic. Revises the prohibition against a railroad carrier's requiring or allowing a train employee to remain or go on duty unless that employee has had at least 10 consecutive hours off duty during the prior 24 hours. Prohibits requiring or allowing an employee (including a yardmaster employee) from initiating an on duty period unless the employee has had at least 10 consecutive hours off duty immediately prior to going on duty. Directs the Secretary of Transportation (DOT) to prescribe regulations to: (1) require all deadhead transportation in excess of a specific number of hours to be counted as time on duty; and (2) reset the calendar day clock. Revises the rule that an interim period available for at least 4 hours rest at a place with suitable facilities for food and lodging is not time on duty. Repeals the current list of causes for prevention of a return to duty. Requires a train employee to be notified before going off duty whether such period off duty is an interim release. Prohibits a railroad carrier from requiring or allowing an employee to exceed 2 hours in deadhead transportation per each tour of duty. Revises the limitations on the duty hours of signal employees. Specifies that time on duty spent performing any service for the railroad carrier during a 24-hour period in which the employee is engaged in installing, repairing, or maintaining signal systems includes all work where there is a potential to interact or otherwise come into contact with safety-critical devices or circuits. Treats as service covered by hours of duty limitations the operation by signal employees of motor vehicles requiring a commercial driver's license while on duty. Extends to yardmaster employees certain limitations on the duty hours of dispatching service employees. Declares that all commingle service involving yardmaster service and dispatcher service mixing with freight service shall be covered by the limitations on the duty hours of signal employees. Extends to yardmaster employees, when an emergency exists, the same limitation (to not more than 4 additional hours during a period of 24 consecutive hours for not more than 3 days during a period of 7 consecutive days) that applies to the hours of dispatching service employees in an emergency.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Uranium Mining Modernization Act''. SEC. 2. FEDERAL LANDS URANIUM LEASING. The Mineral Leasing Act (30 U.S.C. 181 et seq.) is amended by redesignating section 44 as section 45, and by inserting after section 43 the following new section: ``SEC. 44. LEASING OF LANDS FOR URANIUM MINING. ``(a) In General.-- ``(1) Withdrawal from entry; leasing requirement.-- Effective upon the date of enactment of this section, all Federal lands are hereby permanently withdrawn from location and entry under section 2319 of the Revised Statutes (30 U.S.C. 22 et seq.) for uranium. After the end of the 2-year period beginning on such date of enactment, no uranium may be produced from Federal lands except pursuant to a lease issued under this Act. ``(2) Leasing.--The Secretary-- ``(A) may divide any lands subject to this Act that are not withdrawn from mineral leasing and that are otherwise available for uranium leasing under applicable law, including lands available under the terms of land use plans prepared by the Federal agency managing the land, into leasing tracts of such size as the Secretary finds appropriate and in the public interest; and ``(B) thereafter shall, in the Secretary's discretion, upon the request of any qualified applicant or on the Secretary's own motion, from time to time, offer such lands for uranium leasing and award uranium leases thereon by competitive bidding. ``(b) Fair Market Value Required.-- ``(1) In general.--No bid for a uranium lease shall be accepted that is less than the fair market value, as determined by the Secretary, of the uranium subject to the lease. ``(2) Public comment.--Prior to the Secretary's determination of the fair market value of the uranium subject to the lease, the Secretary shall give opportunity for and consideration to public comments on the fair market value. ``(3) Disclosure not required.--Nothing in this section shall be construed to require the Secretary to make public the Secretary's judgment as to the fair market value of the uranium to be leased, or the comments the Secretary receives thereon prior to the issuance of the lease. ``(c) Lands Under the Jurisdiction of Other Agencies.--Leases covering lands the surface of which is under the jurisdiction of any Federal agency other than the Department of the Interior may be issued only-- ``(1) upon consent of the head of the other Federal agency; and ``(2) upon such conditions the head of such other Federal agency may prescribe with respect to the use and protection of the nonmineral interests in those lands. ``(d) Consideration of Effects of Mining.--Before issuing any uranium lease, the Secretary shall consider effects that mining under the proposed lease might have on an impacted community or area, including impacts on the environment, on agricultural, on cultural resources, and other economic activities, and on public services. ``(e) Notice of Proposed Lease.--No lease sale shall be held for lands until after a notice of the proposed offering for lease has been given once a week for three consecutive weeks in a newspaper of general circulation in the county in which the lands are situated, or in electronic format, in accordance with regulations prescribed by the Secretary. ``(f) Auction Requirements.--All lands to be leased under this section shall be leased to the highest responsible qualified bidder-- ``(1) under general regulations; ``(2) in units of not more than 2,560 acres that are as nearly compact as possible; and ``(3) by oral bidding. ``(g) Required Payments.-- ``(1) In general.--A lease under this section shall be conditioned upon the payment by the lessee of-- ``(A) a royalty at a rate of not less than 12.5 percent in amount or value of the production removed or sold under the lease; and ``(B) a rental of-- ``(i) not less than $2.50 per acre per year for the first through fifth years of the lease; and ``(ii) not less than $3 per acre per year for each year thereafter. ``(2) Use of revenues.--Amounts received as revenues under this subsection with respect to a lease may be used by the Secretary of the Interior, subject to the availability of appropriations, for cleaning up uranium mill tailings and reclaiming abandoned uranium mines on Federal lands in accordance with the priorities and eligibility restrictions, respectively, under subsections (c) and (d) of section 411 of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1240a). ``(h) Lease Term.--A lease under this section-- ``(1) shall be effective for a primary term of 10 years; and ``(2) shall continue in effect after such primary term for so long is as uranium is produced under the lease in paying quantities. ``(i) Exploration Licenses.-- ``(1) In general.--The Secretary may, under such regulations as the Secretary may prescribe, issue to any person an exploration license. No person may conduct uranium exploration for commercial purposes on lands subject to this Act without such an exploration license. Each exploration license shall be for a term of not more than two years and shall be subject to a reasonable fee. An exploration license shall confer no right to a lease under this Act. The issuance of exploration licenses shall not preclude the Secretary from issuing uranium leases at such times and locations and to such persons as the Secretary deems appropriate. No exploration license may be issued for any land on which a uranium lease has been issued. A separate exploration license shall be required for exploration in each State. An application for an exploration license shall identify general areas and probable methods of exploration. Each exploration license shall be limited to specific geographic areas in each State as determined by the Secretary, and shall contain such reasonable conditions as the Secretary may require, including conditions to ensure the protection of the environment, and shall be subject to all applicable Federal, State, and local laws and regulations. Upon violation of any such conditions or laws the Secretary may revoke the exploration license. ``(2) Limitations.--A licensee may not cause substantial disturbance to the natural land surface. A licensee may not remove any uranium for sale but may remove a reasonable amount of uranium from the lands subject to this Act included under the Secretary's license for analysis and study. A licensee must comply with all applicable rules and regulations of the Federal agency having jurisdiction over the surface of the lands subject to this Act. Exploration licenses covering lands the surface of which is under the jurisdiction of any Federal agency other than the Department of the Interior may be issued only upon such conditions as it may prescribe with respect to the use and protection of the nonmineral interests in those lands. ``(3) Sharing of data.--The licensee shall furnish to the Secretary copies of all data (including geological, geophysical, and core drilling analyses) obtained during such exploration. The Secretary shall maintain the confidentiality of all data so obtained until after the areas involved have been leased or until such time as the Secretary determines that making the data available to the public would not damage the competitive position of the licensee, whichever comes first. ``(4) Exploration without a license.--Any person who willfully conducts uranium exploration for commercial purposes on lands subject to this Act without an exploration license issued under this subsection shall be subject to a fine of not more than $1,000 for each day of violation. All data collected by such person on any Federal lands as a result of such violation shall be made immediately available to the Secretary, who shall make the data available to the public as soon as it is practicable. No penalty under this subsection shall be assessed unless such person is given notice and opportunity for a hearing with respect to such violation. ``(j) Conversion of Mining Claims to Mineral Leases.-- ``(1) In general.--The owner of any mining claim (in this subsection referred to as a `claimant') located prior to the date of enactment of this section may, within two years after such date, apply to the Secretary of the Interior to convert the claim to a lease under this section. The Secretary shall issue a uranium lease under this section to the claimant upon a demonstration by the claimant, to the satisfaction of the Secretary, within one year after the date of the application to the Secretary, that the claim was, as of such date of enactment, supported by the discovery of a valuable deposit of uranium on the claimed land. The holder of a lease issued upon conversion from a mining claim under this subsection shall be subject to all the requirements of this section governing uranium leases, except that the holder shall pay a royalty of 6.25 percent on the value of the uranium produced under the lease, until beginning ten years after the date the claim is converted to a lease. ``(2) Other claims extinguished.--All mining claims located for uranium on Federal lands whose claimant does not apply to the Secretary for conversion to a lease, or whose claimant cannot make such a demonstration of discovery, shall become null and void by operation of law three years after such date of enactment.''.

Summary: Uranium Mining Modernization Act - Amends the Mineral Leasing Act to: (1) withdraw all fedral lands permanently from location and entry for uranium; and (2) prescribe a uranium leasing program for such lands.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Back and Spinal Therapy Act''. SEC. 2. FINDINGS. Congress finds the following: (1) One in five members of the Armed Forces who were wounded and evacuated from Afghanistan during the summer and early fall of 2009 suffered a spinal injury, and at least 14 of such members were left paralyzed or with loss of sensation. (2) In Afghanistan, members of the Armed Forces routinely carry up to 33 percent more than the suggested maximum weight and up to nearly 75 percent of a member's own body weight-- routinely hefting combat gear that can exceed 120 pounds, causing large numbers of spinal, back, and musculoskeletal injuries and pain. (3) The use of massive improvised explosive devices by insurgents against heavily armed mine resistant ambush protected vehicles has significantly increased the number of spinal, back, and musculoskeletal injuries and pain. (4) Advances in both body armor protection and medical treatment have drastically decreased the number of deaths among deployed members of the Armed Forces, but there has been an increase in the number of members with spinal, back, and musculoskeletal injuries and long-term pain. (5) Members of the Armed Forces returning from Iraq are more likely to suffer lingering, debilitating injuries from back and musculoskeletal pain than from battle wounds, according to statistics compiled by the Secretary of Veterans Affairs. (6) Diagnoses of ruptured spinal discs, compressed discs, degenerative disc disease, and myofascial pain syndrome are common in members of the Armed Forces returning from Afghanistan and Iraq. (7) Spinal and back injuries are the most expensive musculoskeletal disorder to treat. (8) Certain facilities of the Department of Veterans Affairs offer outstanding non-invasive technologies for treating spinal, back, and musculoskeletal injuries as well as any accompanying mental health issues. (9) Traditional medical approaches to spinal, back, and musculoskeletal injuries typically involve a combination of long-term medication, surgery, and short-term physical therapy. (10) Using non-invasive techniques to treat veterans with spinal, back, and musculoskeletal injuries can improve the health outcomes for such veterans and drastically reduce the long-term costs of care for such veterans by breaking the cycle of expensive surgery followed by long-term pain medication that often leads to addiction, depression, anxiety, and weight gain. (11) Non-invasive techniques that are not widely available in medical facilities of the Department of Veterans Affairs, including manual physical therapy, core strengthening and stabilization therapy, water exercise therapy, group exercise therapy, and pain management therapy, should be evaluated in an evidence-based medicine framework to assess their effectiveness. SEC. 3. PILOT PROGRAM TO PROVIDE VETERANS WITH NON-INVASIVE TECHNIQUES FOR SPINAL, BACK, AND MUSCULOSKELETAL INJURIES. (a) Establishment.--The Secretary of Veterans Affairs shall establish a pilot program to-- (1) provide covered veterans with non-invasive techniques to treat spinal, back, and musculoskeletal injuries and pain; and (2) use an evidence-based medicine framework to assess the effectiveness of such non-invasive techniques. (b) Scope.-- (1) Size.--The pilot program shall include a representative sample of covered veterans that is of sufficient size for the Secretary to determine-- (A) the effectiveness and feasibility of providing veterans with non-invasive techniques to treat spinal, back, and musculoskeletal injuries and pain; and (B) the unique considerations that exist with respect to providing such treatment-- (i) to female veterans; (ii) to veterans of various ages; and (iii) to veterans located in various regions of the United States, including both urban and rural locations. (2) Preference.--In selecting covered veterans to participate in the pilot program, the Secretary shall give preference to covered veterans who served in Operation Enduring Freedom, Operation Iraqi Freedom, or Operation New Dawn. (c) Administration.--In administering the pilot program, the Secretary shall-- (1) determine the type of non-invasive technique to provide to a covered veteran; (2) determine the effect of allowing self-referral by a veteran to receive non-invasive techniques compared with requiring a veteran to receive a referral from a physician for non-invasive techniques; and (3) ensure the use of telehealth technology to provide covered veterans who reside in rural locations (as determined by the Secretary) with non-invasive techniques to treat spinal, back, and musculoskeletal injuries and pain. (d) Partnership.-- (1) University.--In administering the pilot program, the Secretary shall seek to enter into an agreement with a university affiliated with the Department of Veterans Affairs to carry out the pilot program. (2) Selection.--In entering into an agreement with a university under paragraph (1), the Secretary shall ensure that the individuals who treat covered veterans with non-invasive techniques for spinal, back, and musculoskeletal injuries and pain-- (A) are trained to-- (i) effectively treat such veterans; and (ii) recognize the unique experiences of such veterans, including experiences related to serving in Operation Enduring Freedom, Operation Iraqi Freedom, or Operation New Dawn; and (B) use best practices and technologies with respect to the non-invasive technique being used to treat such veterans. (e) Duration.--The pilot program shall begin not later than March 1, 2011, and shall continue for two years. (f) Reports.-- (1) Initial report.--Not later than June 1, 2012, the Secretary shall submit to the Committee on Veterans' Affairs of the House of Representatives and the Committee on Veterans' Affairs of the Senate a report on the pilot program, including-- (A) an analysis of the effectiveness and cost- effectiveness of each non-invasive technique provided under the pilot program; (B) an analysis of how the Secretary would incorporate non-invasive techniques to treat spinal, back, and musculoskeletal injuries and pain at medical facilities of the Department of Veterans Affairs; (C) the amount of cost-savings, if any, created by providing veterans with non-invasive techniques to treat spinal, back, and musculoskeletal injuries and pain; (D) a comparison of the non-invasive techniques provided under the pilot program with other methods used by the Secretary to treat spinal, back, and musculoskeletal injuries and pain; and (E) recommendations of the Secretary with respect to-- (i) continuing or expanding the pilot program; and (ii) any legislation or other actions to improve treating veterans with spinal, back, and musculoskeletal injuries and pain. (2) Final report.--Not later than June 1, 2013, the Secretary shall submit to the Committee on Veterans' Affairs of the House of Representatives and the Committee on Veterans' Affairs of the Senate a report containing updated information to the report submitted under paragraph (1). (g) Definitions.--In this section: (1) The term ``covered veteran'' means a veteran who-- (A) has a service-connected spinal, back, or musculoskeletal injury; or (B) is eligible for hospital care, medical services, and nursing home care by virtue of section 1710(e)(1)(D) of title 38, United States Code. (2) The term ``non-invasive techniques'' means methods of treatment for spinal, back, and musculoskeletal injuries and pain other than surgery, including-- (A) manual physical therapy, core strengthening and stabilization therapy, water exercise therapy, group exercise therapy, and pain management therapy; (B) such methods (including recreational therapy) used by the War Related Illness and Injury Study Center of the Department of Veterans Affairs located in Palo Alto, California, and the mindfulness based stress reduction program of the Puget Sound Health Care System of the Department of Veterans Affairs that the Secretary determines to have been successful; and (C) such other methods not widely available in medical facilities of the Department of Veterans Affairs.

Summary: Veterans Back and Spinal Therapy Act - Directs the Secretary of Veterans Affairs (VA) to establish a two-year pilot program to: (1) provide covered veterans with non-invasive techniques to treat spinal, back, and musculoskeletal injuries and pain; and (2) use an evidence-based medicine framework to assess the effectiveness of such techniques. Includes as a covered veteran one who: (1) has a service-connected spinal, back, or musculoskeletal injury; or (2) is eligible for VA hospital or nursing home care or medical services by reason of active duty in a theater of combat operations during a period of war after the Persian Gulf War. Requires the Secretary, in selecting program participants, to give a preference to veterans who served in Operations Enduring Freedom, Iraqi Freedom, or New Dawn.


SECTION 1. DIRECT SALE OF EXCESS PROPERTY. (a) Amendment of Title 18, United States Code.-- (1) In general.--Chapter 307 of title 18, United States Code, is amended by adding at the end the following new section: ``Sec. 4130. Direct sale of excess property ``Notwithstanding any other law, Federal Prison Industries may sell on the open market at the best available price such excess or obsolescent property as Federal Prison Industries deems appropriate, the proceeds of such sales to be deposited in the Treasury to the credit of the Prison Industries Fund.''. (2) Technical amendment.--The chapter analysis for chapter 307 of title 18, United States Code, is amended by adding at the end the following new item: ``4130. Direct sale of excess property.''. (b) Amendment of the Federal Property and Administrative Services Act.--Section 602 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 474) is amended-- (1) by striking ``or'' at the end of paragraph (20); (2) by striking the period at the end of paragraph (21) and inserting ``; or''; and (3) by adding after paragraph (21) the following new paragraph: ``(22) Federal Prison Industries with respect to the disposal of property described in section 4130 of title 18, United States Code.''. (c) Transportation and Importation.--Section 1761(b) of title 18, United States Code, is amended by inserting ``, nor to property described in section 4130'' before the period. SEC. 2. PRISON INDUSTRIES FUND; USE AND SETTLEMENT OF ACCOUNTS. Section 4126 of title 18, United States Code, is amended-- (1) by amending subsection (a) to read as follows: ``(a) Federal Prison Industries shall determine the character of and necessity for its obligations and expenditures, and the manner in which they shall be incurred, allowed, and paid, subject to laws specifically applicable to government corporations.''; (2) by striking subsections (d) and (e); and (3) by redesignating subsection (f) as subsection (d). SEC. 3. ADMINISTRATION OF FEDERAL PRISON INDUSTRIES. Section 4122(a) of title 18, United States Code, is amended to read as follows: ``(a)(1) As authorized by this chapter, Federal Prison Industries shall determine in what manner and to what extent industrial operations shall be carried on in Federal penal and correctional institutions for the production of commodities and services. ``(2) Commodities and services produced by Federal Prison Industries shall be sold at current market prices and shall conform to design, quality, and testing standards of the Federal Government and the relevant private industry.''. SEC. 4. PRODUCTION AND ACQUISITION OF PRISON-MADE PRODUCTS, PROCESSES AND SERVICES. (a) In General.--Section 4124 of title 18, United States Code, is amended-- (1) by striking ``(b) Disputes'' and inserting ``(f) Disputes.--Disputes''; (2) by striking ``(c) Each'' and inserting ``(g) Reporting of Acquisitions.--Each''; (3) by striking ``(d) Within'' and inserting ``(h) Catalog.--Within''; and (4) by striking the heading and subsection (a) and inserting the following: ``Sec. 4124. Production and acquisition of prison-made products, processes, and services ``(a) Relationship Between Federal Prison Industries and Government Institutions.--The Federal departments and agencies and all other Government institutions of the United States shall-- ``(1) purchase from Federal Prison Industries such products, processes, or services of the industries authorized by this chapter as meet their requirements and may be available, except that if Federal Prison Industries and the workshops for the blind or other severely handicapped each offer competitive services, priority shall be afforded to services offered by the workshops; and ``(2) provide to Federal Prison Industries the maximum practicable opportunity to participate as a subcontractor in labor-intensive, light manufacturing segments of contracts awarded, consistent with efficient contract performance. ``(b) Production of Products, Processes, and Services Otherwise Produced Offshore.--(1) Notwithstanding any other law and subject to the limitations stated in this subsection, Federal Prison Industries may produce or provide for sale on the open market processes, products, and services that would otherwise be produced by foreign labor at offshore locations. ``(2) Federal Prison Industries may enter into agreements with private industry in order to carry out this section. ``(3) The board of directors of Federal Prison Industries shall certify that processes, products, or services undertaken under this section-- ``(A) are labor-intensive and limited to levels that replace goods and services produced by offshore labor; and ``(B) do not significantly increase competition with any remaining domestic labor or industry. ``(c) Recycling of Materials for Sale on the Open Market.-- Notwithstanding any other law, Federal Prison Industries may produce and provide for sale on the open market recycled materials directly or in partnership with private sector firms. ``(d) Flood or Other Disaster Relief Activities.--Notwithstanding any other law, Federal Prison Industries may produce or provide goods and services for sale or donation on the open market to private, nonprofit organizations chartered by Congress to assist in flood or other disaster relief programs or activities. ``(e) Exemptions From Requirements of Other Laws.--(1)(A) Items sold on the open market pursuant to the authority granted in this chapter are exempt from the prohibition against shipment in commerce of prison-made goods contained in section 1761. ``(B) Inmates who work on the production of products or processes or provide services under this section are exempt from the minimum wage requirements of the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.). ``(2) Section 4122(b) (4) and (5) do not apply with respect to production undertaken pursuant to subsection (b) or (c).''. (b) Technical Amendment.--The chapter analysis for chapter 307 of title 18, United States Code, is amended by striking the item relating to section 4124 and inserting the following: ``4124. Production and acquisition of prison-made products, processes, and services.''. SEC. 5. PROCUREMENT. (a) In General.--Chapter 307 of title 18, United States Code, as amended by section 1(a), is amended by adding at the end the following new section: ``Sec. 4131. Procurement ``(a) In General.--Funds available to Federal Prison Industries may be used to enter into contracts directly related to the purchase of goods for industrial operations authorized under this chapter without regard to laws governing procurement by Federal agencies. ``(b) Rule of Construction.--Nothing in this section shall be construed to affect any requirement of law to purchase commodities and services produced or provided by qualified nonprofit agencies for the blind and other severely handicapped. ``(c) Procedures.--The board of directors of Federal Prison Industries shall establish procedures to ensure that any such procurements are conducted in a manner that promotes competition consistent with the needs of the Corporation.''. (b) Technical Amendment.--The chapter analysis for chapter 307 of title 18, United States Code, is amended by adding at the end the following new item: ``4131. Procurement.''.

Summary: Amends the Federal criminal code to authorize Federal Prison Industries (FPI) to sell excess or obsolescent property on the open market at the best available price, with the proceeds of such sales to be deposited to the Prison Industries Fund. Requires FPI to determine the character of and necessity for its obligations and expenditures and the manner in which they shall be incurred, allowed, and paid, subject to laws applicable to Government corporations. (Current law requires FPI to deposit all of its monies into the Fund.) Requires commodities and services produced by FPI to be sold at current market prices and to conform to Federal and relevant private industry design, quality, and testing standards. Accords services of the workshops for the handicapped priority for Federal purchasing over those offered by FPI if both entities offer competitive services. Requires Federal agencies to provide to FPI the maximum opportunity to participate as a subcontractor in labor-intensive, light manufacturing segments of awarded contracts. Authorizes FPI to: (1) produce or provide for sale on the open market processes, products, and services that would otherwise be produced by foreign labor at offshore locations; and (2) enter into agreements with private industry for such purposes. Requires FPI to certify that such products, processes, or services: (1) are labor-intensive and limited to levels that replace goods and services produced by offshore labor; and (2) do not significantly increase competition with any remaining domestic labor or industry. Authorizes FPI to: (1) produce and provide recycled materials for sale on the open market; and (2) produce or provide goods and services for sale or donation on the open market to private, nonprofit organizations to assist in disaster relief. Exempts: (1) items sold on the open market pursuant to this Act from the prohibition against shipment in commerce of prison-made goods; and (2) inmates who work on the production of products or services from the minimum wage requirements of the Fair Labor Standards Act of 1938. Authorizes FPI funds to be used to enter into contracts related to the purchase of goods for industrial operations without regard to laws governing procurement by Federal agencies.


SECTION 1. LEGAL ASSISTANCE FOR FINANCIALLY NEEDY VETERANS IN CONNECTION WITH COURT OF VETERANS APPEALS PROCEEDINGS. (a) In General.--(1) Subchapter III of chapter 72 of title 38, United States Code, is amended by adding at the end the following: ``Sec. 7287. Legal assistance for certain veterans in Court proceedings; use of funds for assistance ``(a)(1) The Court may, in accordance with this section, provide funds (in advance or by way of reimbursement) to nonprofit organizations, under such terms and conditions consistent with this section as the Court considers appropriate, in order to permit such organizations to provide financial assistance by grant or contract to such legal assistance entities as the organizations consider appropriate for purposes of permitting such entities to carry out programs described in subsection (b). ``(2) Notwithstanding any other provision of law, if the Court determines that there exists no nonprofit organization that would be an appropriate recipient of funds under this section for the purposes referred to in paragraph (1) and that it is consistent with the mission of the Court, the Court may provide financial assistance, by grant or contract, directly to such legal assistance entities as the Court considers appropriate for purposes of permitting such entities to carry out programs described in subsection (b). ``(b)(1) A program referred to in subsection (a) is any program under which a legal assistance entity utilizes financial assistance under this section to provide assistance or carry out activities (including assistance, services, or activities referred to in paragraph (3)) in order to ensure that individuals described in paragraph (2) receive, without charge, legal assistance in connection with decisions to which section 7252(a) of this title may apply or with other proceedings before the Court. ``(2) An individual referred to in paragraph (1) is any veteran or other person who-- ``(A) is or seeks to be a party to an action before the Court; and ``(B) cannot, as determined by the Court or the entity concerned, afford the costs of legal advice and representation in connection with that action. ``(3) Assistance, services, and activities under a program described in this subsection may include the following for individuals described in paragraph (2) in connection with proceedings before the Court: ``(A) Financial assistance to defray the expenses of legal advice or representation (other than payment of attorney fees) by attorneys, clinical law programs of law schools, and veterans service organizations. ``(B) Case screening and referral services for purposes of referring cases to pro bono attorneys and such programs and organizations. ``(C) Education and training of attorneys and other legal personnel who may appear before the Court by attorneys and such programs and organizations. ``(D) Encouragement and facilitation of the pro bono representation by attorneys and such programs and organizations. ``(4) A legal assistance entity that receives financial assistance described in subsection (a) to carry out a program under this subsection shall make such contributions (including in-kind contributions) to the program as the nonprofit organization or the Court, as the case may be, shall specify when providing the assistance. ``(5) A legal assistance entity that receives financial assistance under subsection (a) to carry out a program described in this subsection may not require or request the payment of a charge or fee in connection with the program by or on behalf of any individual described in paragraph (2). ``(c)(1) The Court may, out of the funds appropriated to the Court for such purpose, provide funds to a nonprofit organization described in subsection (a)(1), in advance or by way of reimbursement, to cover some or all of the administrative costs of the organization in providing financial assistance to legal assistance entities carrying out programs described in subsection (b). ``(2) Funds shall be provided under this subsection pursuant to a written agreement entered into by the Court and the nonprofit organization receiving the funds. ``(d) Notwithstanding any other provision of law, a nonprofit organization may-- ``(1) accept funds, in advance or by way of reimbursement, from the Court under subsection (a)(1) in order to provide the financial assistance referred to in that subsection; ``(2) provide financial assistance by grant or contract to legal assistance entities under this section for purposes of permitting such entities to carry out programs described in subsection (b); ``(3) administer any such grant or contract; and ``(4) accept funds, in advance or by way of reimbursement, from the Court under subsection (c) in order to cover the administrative costs referred to in that subsection. ``(e)(1) Not later than February 1 each year, the Court shall submit to Congress a report on the funds and financial assistance provided under this section during the preceding fiscal year. Based on the data provided the Court by entities receiving such funds and assistance, each report shall-- ``(A) set forth the amount, if any, of funds provided to nonprofit organizations under paragraph (1) of subsection (a) during the fiscal year covered by the report; ``(B) set forth the amount, if any, of financial assistance provided to legal assistance entities pursuant to paragraph (1) of subsection (a) or under paragraph (2) of that subsection during that fiscal year; ``(C) set forth the amount, if any, of funds provided to nonprofit organizations under subsection (c) during that fiscal year; and ``(D) describe the programs carried out under this section during that fiscal year. ``(2) The Court may require that the nonprofit organization and legal assistance entities to which funds or financial assistance are provided under this section provide the Court with such data on the programs carried out under this section as the Court determines necessary to prepare a report under this subsection. ``(g) For the purposes of this section: ``(1) The term `legal assistance entity' means a not-for- profit organization or veterans service organization capable of providing legal assistance to persons with respect to matters before the Court. ``(2) The term `Legal Services Corporation' means the corporation established under section 1003(a) of the Legal Services Corporation Act (42 U.S.C. 2996b(a)). ``(3) The term `nonprofit organization' means the Legal Services Corporation or any other similar not-for-profit organization that is involved with the provision of legal assistance to persons unable to afford such assistance. ``(4) The term `veterans service organization' means an organization referred to in section 5902(a)(1) of this title, including an organization approved by the Secretary under that section.''. (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 7286 the following new item: ``7287. Legal assistance for financially needy veterans in Court proceedings; use of funds for assistance.''.

Summary: Authorizes the United States Court of Veterans Appeals to provide funds to nonprofit organizations to permit such organizations to provide financial assistance to legal assistance entities, which will in turn provide legal advice or representation to veterans before the Court who cannot afford the costs of such advice and representation. Outlines the legal services to be included as part of such advice and representation. Prohibits the legal assistance entity from also charging the individual a fee for such advice or representation. Provides administrative authority for nonprofit organizations to accept funds for the purposes of this Act. Directs the Court to report annually to the Congress on the funds and financial assistance provided under this Act.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Entrepreneur-in-Residence Act of 2012''. SEC. 2. DEFINITIONS. In this Act-- (1) the term ``Administrator'' means the Administrator of the Small Business Administration; (2) the term ``agency'' means an Executive agency, as defined in section 105 of title 5, United States Code; (3) the term ``Director'' means the Director of the Office of Personnel Management; (4) the term ``entrepreneur-in-residence'' means an individual appointed to a position under the program; (5) the term ``program'' means the Federal entrepreneur-in- residence program established under section 3(a); and (6) the term ``small business concern'' has the meaning given that term under section 3 of the Small Business Act (15 U.S.C. 632). SEC. 3. FEDERAL ENTREPRENEUR-IN-RESIDENCE PROGRAM. (a) Program Established.--The Director, in consultation with the Administrator, shall establish a Federal entrepreneur-in-residence program under which the Director, with the concurrence of the head of an agency, may appoint an entrepreneur-in-residence to a position in the excepted service in the agency to carry out the duties described in subsection (d). (b) Mission of Program.--The mission of the program shall be to-- (1) provide for better outreach by the Federal Government to the private sector; (2) strengthen coordination and interaction between the Federal Government and the private sector on issues relevant to entrepreneurs and small business concerns; and (3) make Federal programs simpler, quicker, more efficient, and more responsive to the needs of small business concerns and entrepreneurs. (c) Appointments.-- (1) In general.--The Director-- (A) shall appoint entrepreneurs-in-residence under the program during each year; and (B) may not appoint more than 10 entrepreneurs-in- residence during any year. (2) Selection.--The Director shall select entrepreneurs-in- residence from among individuals who-- (A) are successful in their field; (B) have demonstrated success in working with small business concerns and entrepreneurs; or (C) have successfully developed, invented, or created a product and brought the product to the marketplace. (3) Placement.--In appointing entrepreneurs-in-residence, the Director shall-- (A) give priority to placing entrepreneurs-in- residence across the Federal Government at separate agencies; and (B) to the extent practicable, not appoint more than 2 entrepreneurs-in-residence to positions in the same agency during the same year. (4) Terms of appointment.--An entrepreneur-in-residence-- (A) shall be a full-time employee of the agency to which the entrepreneur-in-residence is appointed; and (B) may not serve as an entrepreneur-in-residence for more than a period of 2 years. (d) Duties.--An entrepreneur-in-residence shall-- (1) assist Federal agencies in improving outreach to small business concerns and entrepreneurs; (2) provide recommendations to the head of the agency employing the entrepreneur-in-residence on inefficient or duplicative programs, if any, at the agency; (3) provide recommendations to the head of the agency employing the entrepreneur-in-residence on methods to improve program efficiency at the agency or new initiatives, if any, that may be instituted at the agency; (4) facilitate meetings and forums to educate small business concerns and entrepreneurs on programs or initiatives of the agency employing the entrepreneur-in-residence; (5) facilitate in-service sessions with employees of the agency employing the entrepreneur-in-residence on issues of concern to entrepreneurs and small business concerns; and (6) provide technical assistance or mentorship to small business concerns and entrepreneurs in accessing programs at the agency employing the entrepreneur-in-residence. (e) Compensation.-- (1) In general.--The rate of basic pay for an entrepreneur- in-residence shall be equivalent to the rate of basic pay for a position at GS-13, GS-14, or GS-15 of the General Schedule, which shall be determined in accordance with regulations promulgated by the Director. (2) Promotion.--If an entrepreneur-in-residence with a rate of pay equivalent to the rate of basic pay for a position at GS-13 or GS-14 satisfactorily completes 1 year of service in position under this section, the entrepreneur-in-residence may receive an increase in the rate of basic pay to be equal to the rate of basic pay for a position 1 grade higher on the General Schedule than the initial rate of basic pay of the entrepreneur-in-residence. (f) Reporting.--An entrepreneur-in-residence shall report directly to the head of the agency employing the entrepreneur-in-residence. (g) Termination.--The Director may not appoint an entrepreneur-in- residence under this section after September 30, 2016.

Summary: Federal Entrepreneur-in-Residence Act of 2012 - Directs the Director of the Office of Personnel Management (OPM) to establish an entrepreneur-in-residence program to appoint in-house entrepreneurs who have demonstrated success in working with small business concerns and entrepreneurs to: (1) assist federal agencies in improving outreach to small business concerns and entrepreneurs, (2) provide recommendations on inefficient or duplicative agency programs and on methods to improve agency efficiency, (3) facilitate meetings and forums to educate small business concerns and entrepreneurs on agency programs and initiatives, and (4) provide technical assistance or mentorship. Limits to 10 the number of entrepreneurs-in-residence that the Director may appoint in any year. Terminates such program after FY2016.


SECTION 1. SHORT TITLE. This Act may be cited as the ``School-Based Asthma Management Program Act''. SEC. 2. ADDITIONAL PREFERENCE TO CERTAIN STATES THAT ALLOW TRAINED SCHOOL PERSONNEL TO ADMINISTER EPINEPHRINE AND ASTHMA- RELATED RESCUE MEDICATIONS. Section 399L(d) of the Public Health Service Act (42 U.S.C. 280g(d)) is amended-- (1) in paragraph (1)-- (A) by amending subparagraph (F) to read as follows: ``(F) School personnel administration of epinephrine and asthma-related rescue medications.--In determining the preference (if any) to be given to a State under this subsection, the Secretary shall give additional preference to a State that provides to the Secretary the certification described in subparagraph (G) and that requires that each public elementary school and secondary school in the State-- ``(i) permits trained personnel of the school to administer epinephrine to any student of the school reasonably believed to be having an anaphylactic reaction; ``(ii) maintains a supply of epinephrine in a secure location that is easily accessible to trained personnel of the school for the purpose of administration to any student of the school reasonably believed to be having an anaphylactic reaction; ``(iii) permits trained personnel of the school to administer asthma-related rescue medication to any student of the school reasonably believed to have an asthma diagnosis; ``(iv) maintains a supply of asthma-related rescue medication and modes of delivery, such as spacers or nebulizers, in a secure location that is easily accessible to trained personnel of the school for the purpose of administration to any student of the school reasonably believed to have an asthma diagnosis; ``(v) has in place a plan for having on the premises of the school during all operating hours of the school a school nurse or one or more other individuals who are trained personnel of the school; and ``(vi) has in place under the direction of a school nurse a comprehensive school-based asthma management program that includes-- ``(I) a method to identify all students of such school with a diagnosis of asthma; ``(II) an individual student asthma action plan for each student of such school with a diagnosis of asthma; ``(III) asthma education for school staff who are directly responsible for students who have been identified as asthmatic, such as education regarding asthma basics, asthma management, trigger management, and comprehensive emergency responses to asthma attacks; ``(IV) asthma medication and emergency policies that are specific to the school; ``(V) efforts to reduce the presence of environmental triggers of asthma; and ``(VI) a system to support students with a diagnosis of asthma through coordination with family members of such students, primary care providers of such students, and others as necessary.''; and (B) in subparagraph (G), by inserting ``or asthma- related rescue medication to a student reasonably believed to have an asthma diagnosis,'' after ``epinephrine to a student reasonably believed to be having an anaphylactic reaction''; and (2) in paragraph (3)-- (A) in subparagraph (C)-- (i) by striking ``The term'' and inserting ``(i) The term''; and (ii) by adding at the end the following new clause: ``(ii) The term `asthma-related rescue medication' means short-acting bronchodilators, such as albuterol and levalbuterol.''; and (B) in subparagraph (E)-- (i) in the matter preceding clause (i), by inserting ``, such as the school nurse'' after ``individual''; (ii) in clause (i)-- (I) by inserting ``school nurse or'' before ``principal''; and (II) by inserting ``and asthma- related rescue medication'' after ``epinephrine''; (iii) in clause (ii), by inserting ``and asthma-related rescue medication'' after ``epinephrine''; and (iv) in clause (iii), by inserting ``and asthma-related rescue medication'' after ``epinephrine''.

Summary: School-Based Asthma Management Program Act This bill amends the Public Health Service Act to add requirements that states must meet to receive a preference for asthma grants. (Currently, the preference is given to states that meet requirements regarding administration of epinephrine to students having severe allergic reactions.) To receive the preference, states must additionally: (1) provide civil liability protection to trained school personnel who administer asthma-related rescue medication to a student with asthma; and (2) require schools to permit trained school personnel to administer asthma-related rescue medication to students with asthma, maintain a supply of asthma-related rescue medication, and have a comprehensive asthma management program.


SECTION 1. RENEWABLE LIQUID FUELS EXCISE TAX CREDIT. (a) In General.--Subchapter B of chapter 65 of the Internal Revenue Code of 1986 (relating to rules of special application) is amended by inserting after section 6426 the following new section: ``SEC. 6426A. CREDIT FOR RENEWABLE LIQUID FUELS. ``(a) Allowance of Credits.--There shall be allowed as a credit against the tax imposed by section 4081 an amount equal to the renewable liquid mixture credit. ``(b) Renewable Liquid Mixture Credit.-- ``(1) In general.--For purposes of this section, the renewable liquid mixture credit is the product of the applicable amount and the number of gallons of renewable liquid used by the taxpayer in producing any renewable liquid mixture for sale or use in a trade or business of the taxpayer. ``(2) Applicable amount.--For purposes of this section, the applicable amount is $1.00. ``(3) Renewable liquid mixture.--For purposes of this section, the term `renewable liquid mixture' means a mixture of renewable liquid and taxable fuel which-- ``(A) is sold by the taxpayer producing such mixture to any person for use as a fuel or feedstock, or ``(B) is used as a fuel or feedstock by the taxpayer producing such mixture. For purposes of subparagraph (A), a mixture produced by any person at a refinery prior to a taxable event which includes renewable liquid shall be treated as sold at the time of its removal from the refinery (and only at such time) or sold to another person for use as a fuel or feedstock. ``(c) Other Definitions.--For purposes of this subsection: ``(1) Renewable liquid.--The term `renewable liquid' means liquid hydrocarbons derived from waste and byproduct streams including: agricultural byproducts and wastes, aqua-culture products produced from waste streams, food processing plant byproducts, municipal solid and semi-solid waste streams, industrial waste streams, automotive scrap waste streams, and as further provided by regulations. ``(2) Taxable fuel.--The term `taxable fuel' has the meaning given such term by section 4083(a)(1). ``(3) Feedstock.--The term `feedstock' means any precursor material subject to further processing to make a petrochemical, solvent, or other hydrocarbon which has the effect of displacing conventional crude oil, or products produced from conventional crude oil. ``(4) Additional definitions.--Any term used in this section which is also used in section 40B shall have the meaning given such term by section 40B. ``(d) Certification for Renewable Liquid Fuel.--No credit shall be allowed under this section unless the taxpayer obtains a certification (in such form and manner as prescribed by the Secretary) from the producer of the renewable liquid fuel, which identifies the product produced. ``(e) Mixture Not Used as Fuel, Etc.-- ``(1) Imposition of tax.--If-- ``(A) any credit was determined under this section with respect to renewable liquid used in the production of any renewable liquid mixture, and ``(B) any person-- ``(i) separates the renewable liquid from the mixture, or ``(ii) without separation, uses the mixture other than as a fuel, then there is hereby imposed on such person a tax equal to the product of the applicable amount and the number of gallons of such renewable liquid. ``(2) Applicable laws.--All provisions of law, including penalties, shall, insofar as applicable and not inconsistent with this section, apply in respect of any tax imposed under paragraph (1) as if such tax were imposed by section 4081 and not by this section. ``(f) Coordination With Exemption From Excise Tax.--Rules similar to the rules under section 40(c) shall apply for purposes of this section. ``(g) Termination.--This section shall not apply to any sale, use, or removal for any period after December 31, 2010.''. (b) Registration Requirement.--Section 4101(a)(1) of the Internal Revenue Code of 1986 (relating to registration) is amended by inserting ``and every person producing or importing renewable liquid as defined in section 6426A(c)(1)'' before ``shall register with the Secretary''. (c) Payments.--Section 6427 of the Internal Revenue Code of 1986 is amended by inserting after subsection (f) the following new subsection: ``(g) Renewable Liquid Used to Produce Mixture.-- ``(1) Used to produce a mixture.--If any person produces a mixture described in section 6426A in such person's trade or business, the Secretary shall pay (without interest) to such person an amount equal to the renewable liquid mixture credit with respect to such mixture. ``(2) Coordination with other repayment provisions.--No amount shall be payable under paragraph (1) with respect to any mixture with respect to which an amount is allowed as a credit under section 6426A. ``(3) Termination.--This subsection shall not apply with respect to any renewable liquid fuel mixture (as defined in section 6426A(b)(3) sold or used after December 31, 2010).''. (d) Conforming Amendment.--The last sentence of section 9503(b)(1) is amended by striking ``section 6426'' and inserting ``sections 6426 and 6426A''. (e) Clerical Amendment.--The table of sections for subchapter B of chapter 65 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 6426 the following new item: ``Sec. 6426A. Credit for renewable liquid fuels.''. (f) Effective Dates.-- (1) In general.--Except as otherwise provided in this subsection, the amendments made by this section shall apply to fuel sold or used after December 31, 2005. (2) Registration requirement.--The amendment made by subsection (b) shall take effect on January 1, 2006. SEC. 2. RENEWABLE LIQUID INCOME TAX CREDIT. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business related credits) is amended by inserting after section 40A the following new section: ``SEC. 40B. RENEWABLE LIQUID USED AS FUEL. ``(a) General Rule.--For purposes of section 38, the renewable liquid credit determined under this section for the taxable year is an amount equal to the sum of-- ``(1) the renewable liquid mixture credit, plus ``(2) the renewable liquid credit. ``(b) Definition of Renewable Liquid Mixture Credit and Renewable Liquid Credit.--For purposes of this section-- ``(1) Renewable liquid mixture credit.-- ``(A) In general.--The renewable liquid mixture credit of any taxpayer for any taxable year is $1.00 for each gallon of renewable liquid fuel used by the taxpayer in the production of a qualified renewable liquid fuel mixture. ``(B) Qualified renewable liquid mixture.--The term `qualified renewable liquid mixture' means a mixture of renewable liquid and taxable fuel (as defined in section 4083(a)(1)), which-- ``(i) is sold by the taxpayer producing such a mixture to any person for use as a fuel or feedstock, or ``(ii) is used as a fuel or feedstock by the taxpayer producing such mixture. ``(C) Sale or use must be in trade or business, etc.--Renewable liquid used in the production of a qualified renewable liquid fuel mixture shall be taken into account-- ``(i) only if the sale or use described in subparagraph (B) is in a trade or business of the taxpayer, and ``(ii) for the taxable year in which such sale or use occurs. ``(2) Renewable liquid credit.-- ``(A) In general.--The renewable liquid credit of any taxpayer for any taxable year is $1.00 for each gallon of renewable liquid which is not in a mixture with taxable fuel and which during the taxable year-- ``(i) is used by the taxpayer as a fuel or feedstock in a trade or business, or ``(ii) is sold by the taxpayer at retail to a person and placed in the fuel tank of such person's vehicle. ``(B) User credit not to apply to renewable liquid sold at retail.--No credit shall be allowed under subparagraph (A)(i) with respect to any renewable liquid which was sold in a retail sale described in subparagraph (A)(ii). ``(c) Certification for Renewable Liquid.--No credit shall be allowed under this section unless the taxpayer obtains a certification (in such form and manner as prescribed by the Secretary) from the producer or importer of the renewable liquid fuel which identifies the product produced and percentage of renewable liquid fuel in the product. ``(d) Coordination With Credit Against Excise Tax.--The amount of the credit determined under this section with respect to any renewable liquid fuel shall be properly reduced to take into account any benefit provided with respect to such renewable liquid fuel solely by reason of the application of section 6426A or 6427(g). ``(e) Definitions and Special Rules.--For purposes of this section, the term `renewable liquid' means liquid hydrocarbons derived from waste and byproduct streams including: agricultural byproducts and wastes, agriculture materials produced from waste streams, food processing plant byproducts, municipal solid and semi-solid waste streams, industrial waste streams, automotive scrap waste streams, as further provided by regulations. ``(f) Mixture or Renewable Liquid Not Used as a Fuel, Etc.-- ``(1) Mixtures.--If-- ``(A) any credit was determined under this section with respect to renewable liquid used in the production of any qualified renewable liquid mixture, and ``(B) any person-- ``(i) separates the renewable liquid from the mixture, or ``(ii) without separation, uses the mixture other than as a fuel, then there is hereby imposed on such person a tax equal to the product of the rate applicable under subsection (b)(1)(A) and the number of gallons of such renewable liquid in such mixture. ``(2) Renewable liquid.--If-- ``(A) any credit was determined under this section with respect to the retail sale of any renewable liquid, and ``(B) any person mixes such renewable liquid or uses such renewable liquid other than as a fuel, then there is hereby imposed on such person a tax equal to the product of the rate applicable under subsection (b)(2)(A) and the number of gallons of such renewable liquid. ``(3) Applicable laws.--All provisions of law, including penalties, shall, insofar as applicable and not inconsistent with this section, apply in respect of any tax imposed under subparagraph (A) or (B) as if such tax were imposed by section 4081 and not by this chapter. ``(g) 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. ``(h) Termination.--This section shall not apply to any sale or use after December 31, 2010.''. (b) Credit Treated as Part of General Business Credit.--Section 38(b) of the Internal Revenue Code of 1986 (relating to current year business credit), is amended by striking ``plus'' at the end of paragraph (18), by striking the period at the end of paragraph (17), and inserting ``, plus'', and by inserting after paragraph (19) the following new paragraph: ``(20) The renewable liquid credit determined under section 40B.''. (c) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter I of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 40A the following new item: ``Sec. 40B. Renewable liquid used as fuel.''. (d) Effective Date.--The amendments made by this section shall apply to fuel produced, and sold as used, after December 31, 2005.

Summary: Amends the Internal Revenue Code to allow: (1) a tax credit against the gasoline excise tax for renewable liquid fuels; and (2) a business tax credit for renewable liquid used as fuel. Defines "renewable liquid" as liquid hydrocarbons derived from certain waste and byproduct streams. Terminates such credits after 2010.


I72SECTION 1. SHORT TITLE. I20This Act may be cited as the ``The Diesel Tax Fairness Act of 2008''. I72SEC. 2. TEMPORARY REDUCTION IN EXCISE TAX ON KEROSENE AND DIESEL FUEL TO THE RATE APPLICABLE TO GASOLINE. I20(a) T5In GeneralK._Section 4081 of the Internal Revenue Code of 1986 (relating to imposition of tax on gasoline, diesel fuel, and kerosene) is amended by adding at the end the following new subsection: I20``(f) T5Temporary Reduction of Tax on Diesel Fuel and Kerosene (Other Than Aviation-Grade Kerosene)K._ I22``(1) T4In generalK._During the temporary reduction period_ I24``(A) the rate of tax applicable under subsection (a)(2)(A)(iii) shall be 18.3 cents, and I24``(B) the rate of tax applicable under subsection (a)(2)(D) shall be 14.8 cents. I22``(2) T4Temporary reduction periodK._For purposes of this subsection, the temporary reduction period is the period_ I24``(A) beginning on the date of the enactment of this subsection, and I24``(B) ending on December 31, 2010. I22``(3) T4Maintenance of trust fund depositsK._In determining the amounts to be appropriated to any trust fund, an amount equal to the reduction in revenues to the Treasury by reason of a reduction under this subsection in any rate shall be treated as taxes received in the Treasury under such rate.''. I20(b) T5Effective DateK._The amendment made by this section shall take effect on the date of the enactment of this Act. I72SEC. 3. FLOOR STOCKS REFUNDS. I20(a) T5In GeneralK._If_ I22(1) before the date of the enactment of this Act, a tax referred to in section 4081(f)(1) of the Internal Revenue Code of 1986 has been imposed on any liquid, and I22(2) on such date such liquid is held by a dealer and has not been used and is intended for sale, I20there shall be credited or refunded (without interest) to the person who paid such tax (hereafter in this section referred to as the ``taxpayer'') an amount equal to the excess of the tax paid by the taxpayer over the amount of such tax which would be imposed on such liquid had the taxable event occurred on such date. I20(b) T5Time for Filing ClaimsK._No credit or refund shall be allowed or made under this section unless_ I22(1) claim therefor is filed with the Secretary of the Treasury before the date which is 6 months after the date of the enactment of this Act, and I22(2) in any case where liquid is held by a dealer (other than the taxpayer) on the date of the enactment of this Act_ I24(A) the dealer submits a request for refund or credit to the taxpayer before the date which is 3 months after such date, and I24(B) the taxpayer has repaid or agreed to repay the amount so claimed to such dealer or has obtained the written consent of such dealer to the allowance of the credit or the making of the refund. I20(c) T5Exception for Fuel Held in Retail StocksK._No credit or refund shall be allowed under this section with respect to any liquid in retail stocks held at the place where intended to be sold at retail. I20(d) T5DefinitionsK._For purposes of this section, the terms ``dealer'' and ``held by a dealer'' have the respective meanings given to such terms by section 6412 of such Code; except that the term ``dealer'' includes a producer. I20(e) T5Certain Rules To ApplyK._Rules similar to the rules of subsections (b) and (c) of section 6412 of such Code shall apply for purposes of this section. I72SEC. 4. FLOOR STOCKS TAX. I20(a) T5Imposition of TaxK._In the case of any taxable liquid which is held on the floor stocks tax date by any person, there is hereby imposed a floor stocks tax equal to the excess of the tax which would be imposed on such liquid under section 4041 or 4081 of the Internal Revenue Code of 1986 had the taxable event occurred on the floor stocks tax date over the tax paid under any such section on such liquid. I20(b) T5Liability for Tax and Method of PaymentK._ I22(1) T4Liability for taxK._A person holding a liquid on the floor stocks tax date to which the tax imposed by subsection (a) applies shall be liable for such tax. I22(2) T4Method of paymentK._The tax imposed by subsection (a) shall be paid in such manner as the Secretary shall prescribe. I22(3) T4Time of paymentK._The tax imposed by subsection (a) shall be paid on or before the date which is 6 months after the floor stocks tax date. I20(c) T5DefinitionsK._For purposes of this section_ I22(1) T4Held by a personK._A liquid shall be considered as held by a person if title thereto has passed to such person (whether or not delivery to the person has been made). I22(2) T4Taxable liquidK._The term ``taxable liquid'' means diesel fuel and kerosene (other than aviation-grade kerosene). I22(3) T4Floor stocks dateK._The term ``floor stocks tax date'' means January 1, 2011. I22(4) T4SecretaryK._The term ``Secretary'' means the Secretary of the Treasury. I20(d) T5Exception for Exempt UsesK._The tax imposed by subsection (a) shall not apply to taxable liquid held by any person exclusively for any use to the extent a credit or refund of the tax imposed by a section of the Code referred to in section 4081(a)(2) of such Code is allowable for such use. I20(e) T5Exception for Fuel Held in Vehicle TankK._No tax shall be imposed by subsection (a) on taxable liquid held in the tank of a motor vehicle or motorboat. I20(f) T5Exception for Certain Amounts of FuelK._ I22(1) T4In generalK._No tax shall be imposed by subsection (a) on any liquid held on the floor stocks tax date by any person if the aggregate amount of liquid held by such person on such date does not exceed 2,000 gallons. The preceding sentence shall apply only if such person submits to the Secretary (at the time and in the manner required by the Secretary) such information as the Secretary shall require for purposes of this paragraph. I22(2) T4Exempt fuelK._For purposes of paragraph (1), there shall not be taken into account fuel held by any person which is exempt from the tax imposed by subsection (a) by reason of subsection (d) or (e). I22(3) T4Controlled groupsK._For purposes of this section_ I24(A) T4CorporationsK._ I26(i) T4In generalK._All persons treated as a controlled group shall be treated as 1 person. I26(ii) T4Controlled groupK._The term ``controlled group'' has the meaning given to such term by subsection (a) of section 1563 of such Code; except that for such purposes the phrase ``more than 50 percent'' shall be substituted for the phrase ``at least 80 percent'' each place it appears in such subsection. I24(B) T4Nonincorporated persons under common controlK._Under regulations prescribed by the Secretary, principles similar to the principles of subparagraph (A) shall apply to a group of persons under common control where 1 or more of such persons is not a corporation. I20(g) T5Other Laws ApplicableK._All provisions of law, including penalties, applicable with respect to the taxes imposed by chapter 31 or 32 of such Code shall, insofar as applicable and not inconsistent with the provisions of this section, apply with respect to the floor stock taxes imposed by subsection (a) to the same extent as if such taxes were imposed by such chapter. S6301I76�08

Summary: Diesel Tax Fairness Act of 2008 - Amends the Internal Revenue Code to reduce the excise tax on diesel fuel and kerosene (from 24.3 cents to 18.3 cents per gallon) and diesel fuel emulsion (from 19.7 cents to 14.8 cents per gallon) until December 31, 2010.