Input:
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.

Output:
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.


Input:
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.''.

Output:
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.


Input:
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.''.

Output: 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.


Input:
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.

Output:
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.


Input:
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.''.

Output:
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.


Input:
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.''.

Output:
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.


Input:
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.

Output: 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.


Input:
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''.

Output: 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.


Input:
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.

Output: 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.