SECTION 1. FINDINGS. The Congress finds the following: (1) In 1941, President Franklin D. Roosevelt overruled his top generals and ordered the creation of an all Black flight training program. President Roosevelt took this action one day after the NAACP filed suit on behalf of Howard University student Yancy Williams and others in Federal court to force the Department of War to accept Black pilot trainees. Yancy Williams had a civilian pilot's license and had earned an engineering degree. Years later, Major Yancy Williams participated in an air surveillance project created by President Dwight D. Eisenhower. (2) Due to the rigid system of racial segregation that prevailed in the United States during World War II, Black military pilots were trained at a separate airfield built near Tuskegee, Alabama. They became known as the ``Tuskegee Airmen''. (3) The Tuskegee Airmen inspired revolutionary reform in the Armed Forces, paving the way for full racial integration in the Armed Forces. They overcame the enormous challenges of prejudice and discrimination, succeeding, despite obstacles that threatened failure. (4) From all accounts, the training of the Tuskegee Airmen was an experiment established to prove that so-called ``coloreds'' were incapable of operating expensive and complex combat aircraft. Studies commissioned by the Army War College between 1924 and 1939 concluded that Blacks were unfit for leadership roles and incapable of aviation. Instead, the Tuskegee Airmen excelled. (5) Overall, some 992 Black pilots graduated from the pilot training program of the Tuskegee Army Air Field, with the last class finishing in June 1946, 450 of whom served in combat. The first class of cadets began in July 1941 with 13 airmen, all of whom had college degrees, some with Ph.D. degrees, and all of whom had pilot's licenses. One of the graduates was Captain Benjamin O. Davis Jr., a United States Military Academy graduate. Four aviation cadets were commissioned as second lieutenants, and 5 received Army Air Corps silver pilot wings. (6) That the experiment achieved success rather than the expected failure is further evidenced by the eventual promotion of 3 of these pioneers through the commissioned officer ranks to flag rank, including the late General Benjamin O. Davis, Jr., United States Air Force, the late General Daniel ``Chappie'' James, United States Air Force, our Nation's first Black 4-star general, and Major General Lucius Theus, United States Air Force (retired). (7) 450 Black fighter pilots under the command of then Colonel Benjamin O. Davis, Jr., fought in World War II aerial battles over North Africa, Sicily, and Europe, flying, in succession, P-40, P- 39, P-47, and P-51 aircraft. These gallant men flew 15,553 sorties and 1,578 missions with the 12th Tactical Air Force and the 15th Strategic Air Force. (8) Colonel Davis later became the first Black flag officer of the United States Air Force, retired as a 3-star general, and was honored with a 4th star in retirement by President William J. Clinton. (9) German pilots, who both feared and respected the Tuskegee Airmen, called them the ``Schwartze Vogelmenschen'' (or ``Black Birdmen''). White American bomber crews reverently referred to them as the ``Black Redtail Angels'', because of the bright red painted on the tail assemblies of their fighter aircraft and because of their reputation for not losing bombers to enemy fighters as they provided close escort for bombing missions over strategic targets in Europe. (10) The 99th Fighter Squadron, after having distinguished itself over North Africa, Sicily, and Italy, joined 3 other Black squadrons, the 100th, the 301st, and the 302nd, designated as the 332nd Fighter Group. They then comprised the largest fighter unit in the 15th Air Force. From Italian bases, they destroyed many enemy targets on the ground and at sea, including a German destroyer in strafing attacks, and they destroyed numerous enemy aircraft in the air and on the ground. (11) 66 of these pilots were killed in combat, while another 32 were either forced down or shot down and captured to become prisoners of war. These Black airmen came home with 150 Distinguished Flying Crosses, Bronze Stars, Silver Stars, and Legions of Merit, one Presidential Unit Citation, and the Red Star of Yugoslavia. (12) Other Black pilots, navigators, bombardiers and crewman who were trained for medium bombardment duty as the 477th Bomber Group (Medium) were joined by veterans of the 332nd Fighter Group to form the 477th Composite Group, flying the B-25 and P-47 aircraft. The demands of the members of the 477th Composite Group for parity in treatment and for recognition as competent military professionals, combined with the magnificent wartime records of the 99th Fighter Squadron and the 332nd Fighter Group, led to a review of the racial policies of the Department of War. (13) In September 1947, the United States Air Force, as a separate service, reactivated the 332d Fighter Group under the Tactical Air command. Members of the 332d Fighter Group were ``Top Guns'' in the 1st annual Air Force Gunnery Meet in 1949. (14) For every Black pilot, there were 12 other civilian or military Black men and women performing ground support duties. Many of these men and women remained in the military service during the post-World War II era and spearheaded the integration of the Armed Forces of the United States. (15) Major achievements are attributed to many of those who returned to civilian life and earned leadership positions and respect as businessmen, corporate executives, religious leaders, lawyers, doctors, educators, bankers, and political leaders. (16) A period of nearly 30 years of anonymity for the Tuskegee Airmen was ended in 1972 with the founding of Tuskegee Airmen, Inc., in Detroit, Michigan. Organized as a non-military and nonprofit entity, Tuskegee Airmen, Inc., exists primarily to motivate and inspire young Americans to become participants in our Nation's society and its democratic process, and to preserve the history of their legacy. (17) The Tuskegee Airmen have several memorials in place to perpetuate the memory of who they were and what they accomplished, including-- (A) the Tuskegee Airmen, Inc., National Scholarship Fund for high school seniors who excel in mathematics, but need financial assistance to begin a college program; (B) a museum in historic Fort Wayne in Detroit, Michigan; (C) Memorial Park at the Air Force Museum at Wright- Patterson Air Force Base in Dayton, Ohio; (D) a statue of a Tuskegee Airman in the Honor Park at the United States Air Force Academy in Colorado Springs, Colorado; and (E) a National Historic Site at Moton Field, where primary flight training was performed under contract with the Tuskegee Institute. SEC. 2. CONGRESSIONAL GOLD MEDAL. (a) Award Authorized.--The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the award, on behalf of the Congress, of a single gold medal of appropriate design in honor of the Tuskegee Airmen, collectively, in recognition of their unique military record, which inspired revolutionary reform in the Armed Forces. (b) Design and Striking.--For the purposes of the award referred to in subsection (a), the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall strike the gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. (c) Smithsonian Institution.-- (1) In general.--Following the award of the gold medal in honor of the Tuskegee Airmen under subsection (a), the gold medal shall be given to the Smithsonian Institution, where it will be displayed as appropriate and made available for research. (2) Sense of the congress.--It is the sense of the Congress that the Smithsonian Institution should make the gold medal received under paragraph (1) available for display elsewhere, particularly at other appropriate locations associated with the Tuskegee Airmen. SEC. 3. DUPLICATE MEDALS. Under such regulations as the Secretary may prescribe, the Secretary may strike and sell duplicates in bronze of the gold medal struck under section 2, at a price sufficient to cover the costs of the medals, including labor, materials, dies, use of machinery, and overhead expenses. SEC. 4. NATIONAL MEDALS. Medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code. SEC. 5. AUTHORIZATION OF APPROPRIATIONS; PROCEEDS OF SALE. (a) Authorization of Appropriations.--There is authorized to be charged against the United States Mint Public Enterprise Fund, an amount not to exceed $30,000 to pay for the cost of the medals authorized under section 2. (b) Proceeds of Sale.--Amounts received from the sale of duplicate bronze medals under section 3 shall be deposited in the United States Mint Public Enterprise Fund. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Summary: Directs the Speaker of the House of Representatives and the President pro tempore of the Senate to make appropriate arrangements for the award, on behalf of Congress, of a single gold medal collectively to the Tuskegee Airmen in recognition of their unique military record, which inspired revolutionary reform in the Armed Forces. Directs that, after such award, the medal be displayed at the Smithsonian Institution. Expresses the sense of Congress that such Institution should make the medal available for display elsewhere, particularly at locations associated with the Airmen. Provides funding from the United States Mint Public Enterprise Fund to cover the cost of duplicate medals authorized for sale.


SECTION 1. SHORT TITLE. (a) Short Title.--This Act may be cited as the ``Planning Actively for Cancer Treatment (PACT) Act of 2013''. (b) Findings.--Congress makes the following findings: (1) Individuals with cancer often do not have access to a cancer care system that incorporates shared decision-making and the coordination of all elements of care. (2) The cancer care system has not traditionally offered individuals with cancer a shared decision-making process, a prospective and comprehensive plan for treatment, symptom management and supportive care, strategies for updating and evaluating such plan with the assistance of a health care professional, and a follow-up plan for monitoring and treating possible late effects of cancer and its treatment. (3) Cancer survivors often experience the under-diagnosis and under-treatment of the symptoms of cancer, a problem that begins at the time of diagnosis and may become more severe with disease progression and at the end of life. The failure to treat the symptoms, side effects, and late effects of cancer and cancer treatment may have a serious adverse impact on the health, survival, well-being, and quality of life of cancer survivors. (4) The 1999 Institute of Medicine report entitled ``The Unequal Burden of Cancer'' found that low-income people often lack access to adequate cancer care and that ethnic minorities have not benefitted fully from cancer treatment advances. (5) Individuals with cancer often do not participate in a shared decision-making process that considers all treatment options and do not benefit from coordination of all elements of active treatment and palliative care. (6) Quality cancer care should incorporate access to psychosocial services and management of the symptoms of cancer and the symptoms of cancer treatment, including pain, nausea, vomiting, fatigue, and depression. (7) Quality cancer care should include a means for engaging cancer survivors in a shared decision-making process that produces a comprehensive care summary and a plan for follow-up care after primary treatment to ensure that cancer survivors have access to follow-up monitoring and treatment of possible late effects of cancer and cancer treatment, including appropriate psychosocial services. (8) The Institute of Medicine report entitled ``Ensuring Quality Cancer Care'' described the elements of quality care for an individual with cancer to include-- (A) the development of initial treatment recommendations by an experienced health care provider; (B) the development of a plan for the course of treatment of the individual and communication of the plan to the individual; (C) access to the resources necessary to implement the course of treatment; (D) access to high-quality clinical trials; (E) a mechanism to coordinate services for the treatment of the individual; and (F) psychosocial support services and compassionate care for the individual. (9) In its report ``From Cancer Patient to Cancer Survivor: Lost in Transition'', the Institute of Medicine recommended that individuals with cancer completing primary treatment be provided a comprehensive summary of their care along with a follow-up survivorship plan of treatment. (10) In ``Cancer Care for the Whole Patient'', the Institute of Medicine stated that the development of a plan that includes biomedical and psychosocial care should be a standard for quality cancer care in any quality measurement system. (11) Because more than half of all cancer diagnoses occur among elderly Medicare beneficiaries, cancer care inadequacies should be addressed through the Medicare program. (12) Shortcomings in providing cancer care, resulting in a lack of shared decision-making, inadequate management of cancer symptoms, and insufficient monitoring and treatment of late effects of cancer and its treatment, relate in part to the inadequacy of Medicare payments for such planning and coordination services. (13) Changes in Medicare payment for cancer care planning and coordination will support shared decision-making that reviews all treatment options and will contribute to improved care for individuals with cancer from the time of diagnosis through the end of the life. SEC. 2. COVERAGE OF CANCER CARE PLANNING AND COORDINATION SERVICES. (a) In General.--Section 1861 of the Social Security Act (42 U.S.C. 1395x) is amended-- (1) in subsection (s)(2)-- (A) by striking ``and'' at the end of subparagraph (EE); (B) by adding ``and'' at the end of subparagraph (FF); and (C) by adding at the end the following new subparagraph: ``(GG) cancer care planning and coordination services (as defined in subsection (iii))''; and (2) by adding at the end the following new subsection: ``Cancer Care Planning and Coordination Services ``(iii)(1) The term `cancer care planning and coordination services' means-- ``(A) with respect to an individual who is diagnosed with cancer, the development of a treatment plan by a physician, nurse practitioner, or physician assistant that-- ``(i) includes an assessment of the individual's diagnosis, health status, treatment needs, functional status, pain control, and psychosocial needs; ``(ii) engages the individual in a shared decision- making process that reviews all treatment options; ``(iii) details, to the greatest extent practicable all aspects of the care to be provided to the individual with respect to the treatment of such cancer, including any curative treatment, comprehensive symptom management, and palliative care; ``(iv) is furnished in person, in written form, to the individual within a period specified by the Secretary that is as soon as practicable after the date on which the individual is so diagnosed; ``(v) is furnished, to the greatest extent practicable, in a form that appropriately takes into account cultural and linguistic needs of the individual in order to make the plan accessible to the individual; and ``(vi) is in accordance with standards determined by the Secretary to be appropriate; ``(B) with respect to an individual for whom a treatment plan has been developed under subparagraph (A), the revision of such treatment plan as necessary to account for any substantial change in the condition of the individual, recurrence of disease, changes in the individual's treatment preferences, or significant revision of the elements of curative care or symptom management for the individual, if such revision-- ``(i) is in accordance with clauses (i), (ii), (iv) and (v) of such subparagraph; and ``(ii) is furnished in written form to the individual within a period specified by the Secretary that is as soon as practicable after the date of such revision; ``(C) with respect to an individual who has completed the primary treatment for cancer, as defined by the Secretary, the development of a follow-up survivorship care plan that-- ``(i) includes an assessment of the individual's diagnosis, health status, treatment needs, functional status, pain control, and psychosocial needs; ``(ii) engages the individual in a shared decision- making process that reviews all survivorship care options; ``(iii) describes the elements of the primary treatment, including symptom management and palliative care, furnished to such individual; ``(iv) provides recommendations for the subsequent care of the individual with respect to the cancer involved; ``(v) is furnished, in person, in written form, to the individual within a period specified by the Secretary that is as soon as practicable after the completion of such primary treatment; ``(vi) is furnished, to the greatest extent practicable, in a form that appropriately takes into account cultural and linguistic needs of the individual in order to make the plan accessible to the individual; and ``(vii) is in accordance with standards determined by the Secretary to be appropriate; and ``(D) with respect to an individual for whom a follow-up cancer care plan has been developed under subparagraph (C), the revision of such plan as necessary to account for any substantial change in the condition of the individual, diagnosis of a second cancer, change in the individual's preference for survivorship care, or significant revision of the plan for follow-up care, if such revision-- ``(i) is in accordance with clauses (i), (ii), (iii), (v), and (vi) of such subparagraph; and ``(ii) is furnished in written form to the individual within a period specified by the Secretary that is as soon as practicable after the date of such revision. ``(2) The Secretary shall establish standards to carry out paragraph (1) in consultation with appropriate organizations representing suppliers and providers of services related to cancer treatment and organizations representing survivors of cancer. Such standards shall include standards for determining the need and frequency for revisions of the treatment plans and follow-up survivorship care plans based on changes in the condition of the individual or elements and intent of treatment and standards for the communication of the plan to the individual. ``(3) In this subsection, the term `shared decision-making process' means, with respect to an individual, a process in which the individual and the individual's health care providers consider the individual's diagnosis, treatment options, the medical evidence related to treatment options, the risks and benefits of all treatment options, and the individual's preferences regarding treatment, and then jointly develop and implement a treatment plan.''. (b) Payment Under Physician Fee Schedule.-- (1) In general.--Section 1848(j)(3) of the Social Security Act (42 U.S.C. 1395w-4(j)(3)) is amended by inserting ``(GG),'' after ``health risk assessment),''. (2) Initial rates.--Unless the Secretary of Health and Human Services otherwise provides, the payment rate specified under the physician fee schedule under the amendment made by paragraph (1) for cancer care planning and coordination services shall be the same payment rate as provided for transitional care management services (as defined in CPT code 99496). (c) Effective Date.--The amendments made by this section shall apply to services furnished on or after the first day of the first calendar year that begins after the date of the enactment of this Act.

Summary: Planning Actively for Cancer Treatment (PACT) Act of 2013 - Amends title XVIII (Medicare) of the Social Security Act to provide for coverage of cancer care planning and coordination services.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Save Our Seas Act of 2017'' or the ``SOS Act of 2017''. SEC. 2. NOAA MARINE DEBRIS PROGRAM. Subsection (b) of section 3 of the Marine Debris Act (33 U.S.C. 1952(b)) is amended-- (1) in paragraph (4), by striking ``and'' at the end; (2) in paragraph (5)(C), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: ``(6) work with other Federal agencies to develop outreach and education strategies to address both land- and sea-based sources of marine debris; and ``(7) work with the Department of State and other Federal agencies to promote international action to reduce the incidence of marine debris.''. SEC. 3. ASSISTANCE FOR SEVERE MARINE DEBRIS EVENTS. Section 3 of the Marine Debris Act (33 U.S.C. 1952) is amended by adding at the end the following new subsection: ``(d) Assistance for Severe Marine Debris Events.-- ``(1) In general.--At the discretion of the Administrator or at the request of the Governor of an affected State, the Administrator shall determine whether there is a severe marine debris event. ``(2) Assistance.-- ``(A) In general.--If the Administrator makes a determination under paragraph (1) that there is a severe marine debris event, the Administrator is authorized to make sums available to be used by the affected State or by the Administrator in cooperation with the affected State-- ``(i) to assist in the cleanup and response required by the severe marine debris event; or ``(ii) such other activity as the Administrator determines is appropriate in response to the severe marine debris event. ``(B) Priority assistance.--In providing assistance under this paragraph, the Administrator shall prioritize assistance for activities to respond to a severe marine debris event-- ``(i) in a rural or remote community; or ``(ii) in a habitat of national concern. ``(3) Funding.-- ``(A) Federal share.--The Federal share of the cost of an activity carried out under the authority of this subsection shall be-- ``(i) if the activity is funded wholly by funds made available by an entity, including the government of a foreign country, to the Federal Government for the purpose of responding to a severe marine debris event, 100 percent of the cost of the activity; or ``(ii) for any activity other than an activity funded as described in clause (i), 75 percent of the cost of the activity. ``(B) Limitation on administrative expenses.--In the case of an activity funded as described in subparagraph (A)(i), not more than 5 percent of the funds made available for the activity may be used by the Administrator for administrative expenses.''. SEC. 4. SENSE OF CONGRESS ON INTERNATIONAL ENGAGEMENT TO RESPOND TO MARINE DEBRIS. It is the sense of Congress that the President should-- (1) support Federal funding for research and development of bio-based and other alternatives or environmentally feasible improvements to materials that reduce municipal solid waste and its consequences in the ocean; (2) work with representatives of foreign countries that contribute the most to the global marine debris problem to learn about, and find solutions to, the contributions of such countries to marine debris in the world's oceans; (3) carry out studies to determine-- (A) the primary means by which solid waste enters the oceans; (B) the manner in which waste management infrastructure can be most effective in preventing debris from reaching the oceans; (C) the long-term economic impacts of marine debris on the national economies of each country set out in paragraph (1) and on the global economy; and (D) the economic benefits of decreasing the amount of marine debris in the oceans; (4) work with representatives of foreign countries that contribute the most to the global marine debris problem, including land-based sources, to conclude one or more new international agreements that include provisions-- (A) to mitigate the risk of land-based marine debris contributed by such countries reaching an ocean; and (B) to increase technical assistance and investment in waste management infrastructure, if the President determines appropriate; and (5) encourage the United States Trade Representative to consider the impact of marine debris in relevant future trade agreements. SEC. 5. MEMBERSHIP OF THE INTERAGENCY MARINE DEBRIS COORDINATING COMMITTEE. Section 5(b) of the Marine Debris Act (33 U.S.C. 1954(b)) is amended-- (1) in paragraph (4), by striking ``; and'' and inserting a semicolon; (2) by redesignating paragraph (5) as paragraph (7); and (3) by inserting after paragraph (4) the following: ``(5) the Department of State; ``(6) the Department of the Interior; and''. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. Section 9 of the Marine Debris Act (33 U.S.C. 1958) is amended to read as follows: ``SEC. 9. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated for each fiscal year 2018 through 2022-- ``(1) to the Administrator for carrying out sections 3, 5, and 6, $10,000,000, of which no more than 10 percent may be for administrative costs; and ``(2) to the Secretary of the Department in which the Coast Guard is operating, for the use of the Commandant of the Coast Guard in carrying out section 4, $2,000,000, of which no more than 10 percent may be used for administrative costs.''.

Summary: Save Our Seas Act of 2017 or the SOS Act of 2017 This bill amends the Marine Debris Act to revise the Marine Debris Program to require the National Oceanic and Atmospheric Administration (NOAA) to work with: (1) other agencies to address both land- and sea-based sources of marine debris, and (2) the Department of State and other agencies to promote international action to reduce the incidence of marine debris. The bill also revises the program by allowing NOAA to make sums available for assisting in the cleanup and response required by severe marine debris events. NOAA must prioritize assistance for activities that respond to a severe marine debris event in: (1) a rural or remote community, or (2) a habitat of national concern. The bill urges the President to: (1) work with foreign countries that contribute the most to the global marine debris problem in order to find a solution to the problem; (2) study issues related to marine debris, including the economic impacts of marine debris; and (3) encourage the Office of the U.S. Trade Representative to consider the impact of marine debris in relevant future trade agreements. The Interagency Marine Debris Coordinating Committee must expand to include a senior official from the State Department or from the Department of the Interior. This bill reauthorizes for FY2018-FY2022: (1) the Marine Debris Program, (2) an information clearinghouse on marine debris, and (3) enforcement of laws about discarded marine debris from ships.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Interstate Transportation of Municipal Waste Act of 1995''. SEC. 2. INTERSTATE TRANSPORTATION OF MUNICIPAL WASTE. Subtitle D of the Solid Waste Disposal Act (42 U.S.C. 6941 et seq.) is amended by adding at the end the following new section: ``interstate transportation of municipal waste ``Sec. 4011. (a) Authority To Restrict Out-of-State Municipal Waste.--(1)(A) Except as provided in subsection (b), if requested in writing by an affected local government, a Governor may prohibit the disposal of out-of-State municipal waste in any landfill or incinerator that is subject to the jurisdiction of the Governor or the affected local government. ``(B) Prior to submitting a request under this section, the affected local government shall-- ``(i) provide notice and opportunity for public comment concerning any proposed request; and ``(ii) following notice and comment, take formal action on any proposed request at a public meeting. ``(2) Beginning with calendar year 1995, a Governor of a State may, with respect to landfills covered by the exceptions provided in subsection (b)-- ``(A) notwithstanding the absence of a request in writing by the affected local government-- ``(i) limit the quantity of out-of-State municipal waste received for disposal at each landfill in the State to an annual quantity equal to the quantity of out-of-State municipal waste received for disposal at the landfill during the calendar year 1993 or 1994, whichever is less; and ``(ii) limit the disposal of out-of-State municipal waste at landfills that received, during calendar year 1993, documented shipments of more than 50,000 tons of out-of-State municipal waste representing more than 30 percent of all municipal waste received at the landfill during the calendar year, by prohibiting at each such landfill the disposal, in any year, of a quantity of out-of-State municipal waste that is greater than 30 percent of all municipal waste received at the landfill during calendar year 1993; and ``(B) if requested in writing by the affected local government, prohibit the disposal of out-of-State municipal waste in landfill cells that do not meet the design and location standards and leachate collection and ground water monitoring requirements of State law and regulations in effect on January 1, 1993, for new landfills. ``(3)(A) In addition to the authorities provided in paragraph (1)(A), beginning with calendar year 1997, a Governor of any State, if requested in writing by the affected local government, may further limit the disposal of out-of-State municipal waste as provided in paragraph (2)(A)(ii) by reducing the 30 percent annual quantity limitation to 20 percent in each of calendar years 1998 and 1999, and to 10 percent in each succeeding calendar year. ``(B)(i) A State may ban imports from large exporting States if the volumes of municipal solid waste exported by those States did not meet reduction targets. ``(ii) A ban under clause (i) may prohibit imports from States that export more than-- ``(I) 3,500,000 tons in calendar year 1996; ``(II) 3,000,000 tons in calendar year 1997; ``(III) 3,000,000 tons in calendar year 1998; ``(IV) 2,500,000 tons in calendar year 1999; ``(V) 2,500,000 tons in calendar year 2000; ``(VI) 1,500,000 tons in calendar year 2001; ``(VII) 1,500,000 tons in calendar year 2002; or ``(VIII) 1,000,000 tons in any calendar year after 2002, excluding any volume legitimately covered by a host community agreement. ``(4)(A) Any limitation imposed by the Governor under paragraph (2)(A)-- ``(i) shall be applicable throughout the State; ``(ii) shall not discriminate against any particular landfill within the State; and ``(iii) shall not discriminate against any shipments of out-of-State municipal waste on the basis of State of origin. ``(B) In responding to requests by affected local governments under paragraphs (1)(A) and (2)(B), the Governor shall respond in a manner that does not discriminate against any particular landfill within the State and does not discriminate against any shipments of out-of-State municipal waste on the basis of State of origin. ``(5)(A) Any Governor who intends to exercise the authority provided in this paragraph shall, within 120 days after the date of enactment of this section, submit to the Administrator information documenting the quantity of out-of-State municipal waste received for disposal in the State of the Governor during calendar years 1993 and 1994. ``(B) On receipt of the information submitted pursuant to subparagraph (A), the Administrator shall notify the Governor of each State and the public and shall provide a comment period of not less than 30 days. ``(C) Not later than 60 days after receipt of information from a Governor under subparagraph (A), the Administrator shall determine the quantity of out-of-State municipal waste that was received at each landfill covered by the exceptions provided in subsection (b) for disposal in the State of the Governor during calendar years 1993 and 1994, and provide notice of the determination to the Governor of each State. A determination by the Administrator under this subparagraph shall be final and not subject to judicial review. ``(D) Not later than 180 days after the date of enactment of this section, the Administrator shall publish a list of the quantity of out- of-State municipal waste that was received during calendar years 1993 and 1994 at each landfill covered by the exceptions provided in subsection (b) for disposal in each State in which the Governor intends to exercise the authority provided in this paragraph, as determined in accordance with subparagraph (C). ``(b) Exceptions To Authority To Prohibit Out-of-State Municipal Waste.--The authority to prohibit the disposal of out-of-State municipal waste provided under subsection (a)(1) shall not apply to-- ``(1) landfills in operation on the date of enactment of this section that-- ``(A) received during calendar year 1993 documented shipments of out-of-State municipal waste; and ``(B) are in compliance with all applicable State laws (including any State rule or regulation) relating to design and location standards, leachate collection, ground water monitoring, and financial assurance for closure and post-closure and corrective action; ``(2) proposed landfills that, prior to January 1, 1993, received-- ``(A) an explicit authorization as part of a host community agreement from the affected local government to receive municipal waste generated out-of-State; and ``(B) a notice of decision from the State to grant a construction permit; or ``(3) incinerators in operation on the date of enactment of this section that-- ``(A) received, during calendar year 1993, documented shipments of out-of-State municipal waste; ``(B) are in compliance with the applicable requirements of section 129 of the Clean Air Act (42 U.S.C. 7429); and ``(C) are in compliance with all applicable State laws (including any State rule or regulation) relating to facility design and operations. ``(c) Denial of Permits on Ground of Lack of Need.-- ``(1) Denial.--A State may deny a permit for the construction or operation of a new landfill or incinerator or a major modification of an existing landfill or incinerator if-- ``(A) the State has approved a State or local comprehensive solid waste management plan developed under Federal or State law; and ``(B) the denial is based on the State's determination, pursuant to a State law authorizing such denial, that there is not a local or regional need of the landfill or incinerator in the State. ``(2) Undue burden.--A denial of a permit under paragraph (1) shall not be considered to impose an undue burden on interstate commerce or to otherwise impair, restrain, or discriminate against interstate commerce. ``(d) Definitions.--As used in this section: ``(1) The term `affected local government' means-- ``(A) the public body authorized by State law to plan for the management of municipal solid waste, a majority of the members of which are elected officials, for the area in which the landfill or incinerator is located or proposed to be located; or ``(B) if there is not such body created by State law, the elected officials of the city, town, township, borough, county, or parish selected by the Governor and exercising primary responsibility over municipal solid waste management or the use of land in the jurisdiction in which the facility is located or proposed to be located. ``(2) The term `affected local solid waste planning unit' means a political subdivision of a State with authority relating to solid waste management planning in accordance with State law. ``(3) With respect to a State, the term `out-of-State municipal waste' means municipal waste generated outside the State. To the extent that it is consistent with the United States-Canada Free Trade Agreement and the General Agreement on Tariffs and Trade, the term shall include municipal waste generated outside the United States. ``(4) The term `host community agreement' means a written, legally binding document or documents executed by duly authorized officials of the affected local government that specifically authorizes a landfill or incinerator to receive municipal solid waste generated out-of-State. ``(5) The term `municipal waste' means refuse (and refuse- derived fuel) generated by the general public or from a residential, commercial, institutional, or industrial source (or any combination thereof), consisting of paper, wood, yard wastes, plastics, leather, rubber, or other combustible or noncombustible materials such as metal or glass (or any combination thereof). The term `municipal waste' does not include-- ``(A) any solid waste identified or listed as a hazardous waste under section 3001; ``(B) any solid waste, including contaminated soil and debris, resulting from a response action taken under section 104 or 106 of the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9604, 9606) or a corrective action taken under this Act; ``(C) any metal, pipe, glass, plastic, paper, textile, or other material that has been separated or diverted from municipal waste and has been transported into the State for the purpose of recycling or reclamation; ``(D) any solid waste that is-- ``(i) generated by an industrial facility; and ``(ii) transported for the purpose of treatment, storage, or disposal to a facility that is owned or operated by the generator of the waste, or is located on property owned by the generator or a company with which the generator is affiliated; ``(E) any solid waste generated incident to the provision of service in interstate, intrastate, foreign, or overseas air transportation; ``(F) any industrial waste that is not identical to municipal waste with respect to the physical and chemical state of the industrial waste, and composition, including construction and demolition debris; ``(G) any medical waste that is segregated from or not mixed with municipal waste; or ``(H) any material or product returned from a dispenser or distributor to the manufacturer for credit, evaluation, or possible reuse.''. SEC. 3. TABLE OF CONTENTS AMENDMENT. The table of contents of the Solid Waste Disposal Act is amended by adding at the end of the items relating to subtitle D the following new item: ``Sec. 4011. Interstate transportation of municipal waste.''.

Summary: Interstate Transportation of Municipal Waste Act of 1995 - Amends the Solid Waste Disposal Act to authorize a State Governor, if requested by an affected local government, to prohibit the disposal of out-of-State municipal waste in: (1) any landfill or incinerator subject to the jurisdiction of the Governor or the local government; and (2) landfill cells that do not meet the State's design and location standards and leachate collection and groundwater monitoring requirements for new landfills. Permits such Governors, without the request of such entities, to limit the quantity of out-of-State municipal waste received for disposal, or the disposal of such waste, at landfills covered by exceptions under this Act. Authorizes States to ban imports from large exporting States if the volumes of municipal solid waste exported by such States did not meet reduction targets. Prohibits discrimination against any particular landfill and against shipments of out-of-State waste on the basis of State of origin. Exempts from a Governor's authority to prohibit the disposal of out-of-State waste: (1) landfills that received documented shipments of such waste in 1993 and are in compliance with State laws relating to design and location standards, leachate collection, groundwater monitoring, and financial assurance for closure and post-closure and corrective action; (2) proposed landfills that, prior to January 1, 1993, received an authorization as part of a host community agreement from the affected local government to receive municipal waste generated out-of-State and a State notice of decision to grant a construction permit; or (3) incinerators that received documented shipments of such waste during 1993 and are in compliance with performance standards under the Clean Air Act and State laws relating to facility design and operations. Authorizes States to deny permits for the construction or operation of a new landfill or incinerator or a major modification of an existing landfill or incinerator if: (1) the State has approved a State or local comprehensive solid waste management plan developed under Federal or State law; and (2) the denial is based on the State's determination that there is not a local or regional need of the landfill or incinerator in the State.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Consumers from Unreasonable Credit Rates Act of 2009''. SEC. 2. FINDINGS. Congress finds that-- (1) attempts have been made to prohibit usurious interest rates in America since colonial times; (2) at the State level, 15 states and the District of Columbia have enacted broadly applicable usury laws that protect borrowers from high-cost payday loans and many other forms of credit, while 34 states and the District of Columbia have limited annual interest rates to 36 percent or less for 1 or more types of consumer credit; (3) at the Federal level, in 2006, Congress enacted a Federal 36 percent annualized usury cap for service members and their families for covered credit products, as defined by the Department of Defense, which curbed payday, car title, and tax refund lending around military bases; (4) notwithstanding such attempts to curb predatory lending, high-cost lending persists in all 50 States due to loopholes in State laws, safe harbor laws for specific forms of credit, and the exportation of unregulated interest rates permitted by preemption; (5) due to the lack of a comprehensive Federal usury cap, consumers annually pay approximately $17,500,000,000 for high- cost overdraft loans, as much as $8,600,000,000 for storefront and online payday loans, and nearly $900,000,000 for tax refund anticipation loans; (6) cash-strapped consumers pay on average 400 percent annual interest for payday loans, 300 percent annual interest for car title loans, up to 3,500 percent for bank overdraft loans, 50 to 500 percent annual interest for loans secured by expected tax refunds, and higher than 50 percent annual percentage interest for credit cards that charge junk fees; (7) a national maximum interest rate that includes all forms of fees and closes all loopholes is necessary to eliminate such predatory lending; and (8) alternatives to predatory lending that encourage small dollar loans with minimal or no fees, installment payment schedules, and affordable repayment periods should be encouraged. SEC. 3. NATIONAL MAXIMUM INTEREST RATE. The Truth in Lending Act (15 U.S.C. 1601 et seq.) is amended by adding at the end the following: ``SEC. 141. MAXIMUM RATES OF INTEREST. ``(a) In General.--Notwithstanding any other provision of law, no creditor may make an extension of credit to a consumer with respect to which the fee and interest rate, as defined in subsection (b), exceeds 36 percent. ``(b) Fee and Interest Rate Defined.-- ``(1) In general.--For purposes of this section, the fee and interest rate includes all charges payable, directly or indirectly, incident to, ancillary to, or as a condition of the extension of credit, including-- ``(A) any payment compensating a creditor or prospective creditor for-- ``(i) an extension of credit or making available a line of credit, such as fees connected with credit extension or availability such as numerical periodic rates, annual fees, cash advance fees, and membership fees; or ``(ii) any fees for default or breach by a borrower of a condition upon which credit was extended, such as late fees, creditor-imposed not sufficient funds fees charged when a borrower tenders payment on a debt with a check drawn on insufficient funds, overdraft fees, and over limit fees; ``(B) all fees which constitute a finance charge, as defined by rules of the Board in accordance with this title; ``(C) credit insurance premiums, whether optional or required; and ``(D) all charges and costs for ancillary products sold in connection with or incidental to the credit transaction. ``(2) Tolerances.-- ``(A) In general.--With respect to a credit obligation that is payable in at least 3 fully amortizing installments over at least 90 days, the term `fee and interest rate' does not include-- ``(i) application or participation fees that in total do not exceed the greater of $30 or, if there is a limit to the credit line, 5 percent of the credit limit, up to $120, if-- ``(I) such fees are excludable from the finance charge pursuant to section 106 and regulations issued thereunder; ``(II) such fees cover all credit extended or renewed by the creditor for 12 months; and ``(III) the minimum amount of credit extended or available on a credit line is equal to $300 or more; ``(ii) a late fee charged as authorized by State law and by the agreement that does not exceed either $20 per late payment or $20 per month; or ``(iii) a creditor-imposed not sufficient funds fee charged when a borrower tenders payment on a debt with a check drawn on insufficient funds that does not exceed $15. ``(B) Adjustments for inflation.--The Board may adjust the amounts of the tolerances established under this paragraph for inflation over time, consistent with the primary goals of protecting consumers and ensuring that the 36 percent fee and interest rate limitation is not circumvented. ``(c) Calculations.-- ``(1) Open end credit plans.--For an open end credit plan-- ``(A) the fee and interest rate shall be calculated each month, based upon the sum of all fees and finance charges described in subsection (b) charged by the creditor during the preceding 1-year period, divided by the average daily balance; and ``(B) if the credit account has been open less than 1 year, the fee and interest rate shall be calculated based upon the total of all fees and finance charges described in subsection (b)(1) charged by the creditor since the plan was opened, divided by the average daily balance, and multiplied by the quotient of 12 divided by the number of full months that the credit plan has been in existence. ``(2) Other credit plans.--For purposes of this section, in calculating the fee and interest rate, the Board shall require the method of calculation of annual percentage rate specified in section 107(a)(1), except that the amount referred to in that section 107(a)(1) as the `finance charge' shall include all fees, charges, and payments described in subsection (b)(1). ``(3) Adjustments authorized.--The Board may make adjustments to the calculations in paragraphs (1) and (2), but the primary goals of such adjustment shall be to protect consumers and to ensure that the 36 percent fee and interest rate limitation is not circumvented. ``(d) Definition of Creditor.--As used in this section, the term `creditor' has the same meaning as in section 702(e) of the Equal Credit Opportunity Act (15 U.S.C. 1691a(e)). ``(e) No Exemptions Permitted.--The exemption authority of the Board under section 105 shall not apply to the rates established under this section or the disclosure requirements under section 127(b)(6). ``(f) Disclosure of Fee and Interest Rate for Credit Other Than Open End Credit Plans.--In addition to the disclosure requirements under section 127(b)(6), the Board may prescribe regulations requiring disclosure of the fee and interest rate established under this section in addition to or instead of annual percentage rate disclosures otherwise required under this title. ``(g) Relation to State Law.--Nothing in this section may be construed to preempt any provision of State law that provides greater protection to consumers than is provided in this section. ``(h) Civil Liability and Enforcement.--In addition to remedies available to the consumer under section 130(a), any payment compensating a creditor or prospective creditor, to the extent that such payment is a transaction made in violation of this section, shall be null and void, and not enforceable by any party in any court or alternative dispute resolution forum, and the creditor or any subsequent holder of the obligation shall promptly return to the consumer any principal, interest, charges, and fees, and any security interest associated with such transaction. Notwithstanding any statute of limitations or repose, a violation of this section may be raised as a matter of defense by recoupment or setoff to an action to collect such debt or repossess related security at any time. ``(i) Violations.--Any person that violates this section, or seeks to enforce an agreement made in violation of this section, shall be subject to, for each such violation, 1 year in prison and a fine in an amount equal to the greater of-- ``(1) 3 times the amount of the total accrued debt associated with the subject transaction; or ``(2) $50,000. ``(j) State Attorneys General.--An action to enforce this section may be brought by the appropriate State attorney general in any United States district court or any other court of competent jurisdiction within 3 years from the date of the violation, and such attorney general may obtain injunctive relief.''. SEC. 4. DISCLOSURE OF FEE AND INTEREST RATE FOR OPEN END CREDIT PLANS. Section 127(b)(6) of the Truth in Lending Act (15 U.S.C. 1637(b)(6)) is amended by striking ``the total finance charge expressed'' and all that follows through the end of the paragraph and inserting ``the fee and interest rate, displayed as `FAIR', established under section 141.''.

Summary: Protecting Consumers from Unreasonable Credit Rates Act of 2009 - Amends the Truth in Lending Act to prohibit a creditor from extending credit to a consumer under an open end consumer credit plan (credit card) for which the fee and interest rate exceeds 36%. Sets forth criminal penalties for violation of this Act. Empowers state Attorneys General to enforce this Act. Revises requirements for a periodic statement for each billing cycle with respect to where the total finance charge exceeds 50 cents for a monthly or longer billing cycle, or the pro rata part of 50 cents for a billing cycle shorter than monthly. Requires inclusion of the fee and interest rate, displayed as "FAIR," instead of the total finance charge expressed as an annual percentage rate (APR).


SECTION 1. SHORT TITLE. This Act may be cited as the ``Brownfields Reauthorization Act of 2016''. SEC. 2. INCREASED FUNDING LIMIT FOR DIRECT REMEDIATION. Section 104(k)(3)(A) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)(3)(A)), is amended-- (1) by redesignating subparagraphs (B) through (D) as paragraphs (C) through (E), respectively; and (2) by inserting after subparagraph (A) the following: ``(B) Exception.--If, in any fiscal year, the amount appropriated under this subsection exceeds $200,000,000, a grant provided under subparagraph (A)(ii) shall not exceed $300,000 for each site to be remediated.''. SEC. 3. MULTIPURPOSE BROWNFIELDS GRANTS. Section 104(k) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)) is amended-- (1) by redesignating paragraphs (4) through (12) as paragraphs (5) through (13), respectively; (2) in paragraph (3)(A), by striking ``Subject to paragraphs (4) and (5)'' and inserting ``Subject to paragraphs (5) and (6)''; and (3) by inserting after paragraph (3) the following: ``(4) Multipurpose brownfields grants.-- ``(A) In general.--Subject to subparagraph (D) and paragraphs (5) and (6), the Administrator shall establish a program to provide multipurpose grants to an eligible entity based on the considerations under paragraph (3)(C), to carry out inventory, characterization, assessment, planning, or remediation activities at 1 or more brownfield sites in a proposed area. ``(B) Grant amounts.-- ``(i) Individual grant amounts.--Each grant awarded under this paragraph shall not exceed $950,000. ``(ii) Cumulative grant amounts.--The total amount of grants awarded for each fiscal year under this paragraph shall not exceed 15 percent of the funds made available for the fiscal year to carry out this subsection. ``(C) Criteria.--In awarding a grant under this paragraph, the Administrator shall consider the extent to which an eligible entity is able-- ``(i) to provide an overall plan for revitalization of the 1 or more brownfield sites in the proposed area in which the multipurpose grant will be used; ``(ii) to demonstrate a capacity to conduct the range of eligible activities that will be funded by the multipurpose grant; and ``(iii) to demonstrate that a multipurpose grant will meet the needs of the 1 or more brownfield sites in the proposed area. ``(D) Condition.--As a condition of receiving a grant under this paragraph, each eligible entity shall expend the full amount of the grant not later than the date that is 3 years after the date on which the grant is awarded to the eligible entity unless the Administrator, in the discretion of the Administrator, provides an extension.''. SEC. 4. EXPANDED ELIGIBILITY FOR NONPROFIT ORGANIZATIONS. Section 104(k)(1) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)(1)) is amended-- (1) in subparagraph (G), by striking ``or'' after the semicolon; (2) in subparagraph (H), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: ``(I) an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of that Code; ``(J) a limited liability corporation in which all managing members are organizations described in subparagraph (I) or limited liability corporations whose sole members are organizations described in subparagraph (I); ``(K) a limited partnership in which all general partners are organizations described in subparagraph (I) or limited liability corporations whose sole members are organizations described in subparagraph (I); or ``(L) a qualified community development entity (as defined in section 45D(c)(1) of the Internal Revenue Code of 1986).''. SEC. 5. ALLOWING ADMINISTRATIVE COSTS FOR GRANT RECIPIENTS. Paragraph (5) of section 104(k) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)) (as redesignated by section 3(1) of this Act) is amended-- (1) in subparagraph (B)-- (A) in clause (i)-- (i) by striking subclause (III); and (ii) by redesignating subclauses (IV) and (V) as subclauses (III) and (IV), respectively; (B) by striking clause (ii); (C) by redesignating clause (iii) as clause (ii); and (D) in clause (ii) (as redesignated by subparagraph (C)), by striking ``Notwithstanding clause (i)(IV)'' and inserting ``Notwithstanding clause (i)(III)''; and (2) by adding at the end the following: ``(E) Administrative costs.-- ``(i) In general.--An eligible entity may use up to 8 percent of the amounts made available under a grant or loan under this subsection for administrative costs. ``(ii) Restriction.--For purposes of clause (i), the term `administrative costs' does not include-- ``(I) investigation and identification of the extent of contamination; ``(II) design and performance of a response action; or ``(III) monitoring of a natural resource.''. SEC. 6. TREATMENT OF CERTAIN PUBLICLY OWNED BROWNFIELD SITES. Section 104(k)(2) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)(2)) is amended by adding at the end the following: ``(C) Exemption for certain publicly owned brownfield sites.--Notwithstanding any other provision of law, an eligible entity that is a governmental entity may receive a grant under this paragraph for property acquired by that governmental entity prior to January 11, 2002, even if the governmental entity does not qualify as a bona fide prospective purchaser (as that term is defined in section 101(40)), so long as the eligible entity has not caused or contributed to a release or threatened release of a hazardous substance at the property.''. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. Amend section 104(k)(12) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)(12)) to read as follows: ``(12) Authorization of appropriations.--There is authorized to be appropriated to carry out this subsection $250,000,000 for each of the fiscal years 2016 through 2021.''. SEC. 8. STATE RESPONSE PROGRAM FUNDING. Section 128(a)(3) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9628(a)(3)) is amended by striking ``2006'' and inserting ``2021''.

Summary: Brownfields Reauthorization Act of 2016 This bill amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA)to revise and reauthorize brownfields revitalization and state response program funding through FY2021.(Brownfields are certain commercial properties that are hindered from reuse or redevelopment due to the presence of a hazardous substance, pollutant, or contaminant.) The Environmental Protection Agency must establish a program to provide multipurpose grants to carry out inventory, characterization, assessment, planning, or remediation activities at one or more brownfield sites in a proposed area. Certain nonprofit organizations and community development entities are made eligible for brownfields revitalization funding. Grant or loan recipients may use up to 8% of brownfields revitalization funding for administrative costs. Additionally, the bill revises the brownfield site characterization and assessment grant program to allow a governmental entity to receive a grant for property acquired prior to January 11, 2002, even if the entity does not qualify as a bona fide prospective purchaser under CERCLA.


SECTION 1. SHORT TITLE AND AMENDMENT OF 1986 CODE. (a) Short Title.--This Act may be cited as the ``Long-Term Care Advancement Act of 1998''. (b) Amendment of 1986 Code.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. SEC. 2. EXCEPTION FROM PENALTY TAX AND EXCLUSION FROM INCOME FOR AMOUNTS WITHDRAWN FROM CERTAIN RETIREMENT PLANS FOR QUALIFIED LONG-TERM CARE INSURANCE. (a) Exception From Penalty Tax.--Paragraph (2) of section 72(t) (relating to 10-percent additional tax on early distributions from qualified retirement plans) is amended by adding at the end the following new subparagraph: ``(G) Premiums for qualified long-term care insurance contracts.-- ``(i) In general.--Distributions to an individual from an individual retirement plan, or from amounts attributable to employer contributions made pursuant to elective deferrals described in subparagraph (A) or (C) of section 402(g)(3), to the extent such distributions do not exceed the premiums for a qualified long-term care insurance contract for such individual or the spouse of such individual. In applying subparagraph (B), such premiums shall be treated as amounts not paid for medical care. ``(ii) No double benefit.--No deduction shall be allowed under section 213 for any amount described in this subparagraph unless the taxpayer elects to have this subparagraph not apply to such amount. ``(iii) Qualified long-term care insurance contract.--For purposes of this subparagraph, the term `qualified long-term care insurance contract' has the meaning given such term by section 7702B(b), except that such term includes only such contracts which are licensed for sale in the State in which the policy was purchased.'' (b) Exclusion From Income for Amounts Withdrawn From Certain Plans To Pay Long-Term Care Premiums.--Part III of subchapter B of chapter 1 (relating to items specifically excluded from gross income) is amended by redesignating section 139 as section 140 and by inserting after section 138 the following new section: ``SEC. 139. DISTRIBUTIONS FROM INDIVIDUAL RETIREMENT PLANS AND SECTION 401(K) PLANS FOR LONG-TERM CARE INSURANCE. ``(a) General Rule.--The amount which would (but for this section) be includible in the gross income of an individual for the taxable year by reason of distributions from any individual retirement plan (within the meaning of section 7701(a)(37)) or qualified cash or deferred arrangement (within the meaning of section 401(k)) shall be reduced (but not below zero) by the eligible long-term care premiums (as defined in section 213(d)(10)) paid by such individual during such taxable year for any qualified long-term care insurance contract covering such individual or the spouse of such individual. ``(b) Special Rules for Section 401(k) Plans.-- ``(1) Withdrawals cannot exceed elective contributions under qualified cash or deferred arrangement.--This section shall not apply to any distribution from a qualified cash or deferred arrangement (within the meaning of section 401(k)) to the extent the aggregate amount of such distributions for the use described in subsection (a) exceeds the aggregate employer contributions made pursuant to the employee's election under section 401(k)(2). ``(2) Withdrawals not to cause disqualification.--A plan shall not be treated as failing to satisfy the requirements of section 401, and an arrangement shall not be treated as failing to be a qualified cash or deferred arrangement (within the meaning of section 401(k)), merely because under the plan or arrangement distributions are permitted which are excludable from gross income by reason of this section. ``(c) Qualified Long-Term Care Insurance Contract.--For purposes of this section, the term `qualified long-term care insurance contract' has the meaning given such term by section 7702B(b), except that such term includes only such contracts which are licensed for sale in the State in which the taxpayer purchased the policy.'' (c) Distributions Permitted From Certain Plans To Pay Long-term Care Premiums.-- (1) Section 401(k)(2)(B)(i) is amended by striking ``or'' at the end of subclause (III), by striking ``and'' at the end of subclause (IV) and inserting ``or'', and by inserting after subclause (IV) the following new subclause: ``(V) the date distributions for premiums for a long-term care insurance contract (as defined in section 139(c)) for coverage of such individual or the spouse of such individual are made, and''. (2) Section 403(b)(11) is amended by striking ``or'' at the end of subparagraph (A), by striking the period at the end of subparagraph (B) and inserting ``, or'', and by inserting after subparagraph (B) the following new subparagraph: ``(C) for the payment of premiums for a long-term care insurance contract (as defined in section 139(c)) for coverage of the employee or the spouse of the employee.'' (3) Subparagraph (A) of section 457(d)(1) is amended by striking ``or'' at the end of clause (ii), by striking ``and'' at the end of clause (iii) and inserting ``or'', and by inserting after clause (iii) the following new clause: ``(iv) the date distributions for premiums for a long-term care insurance contract (as defined in section 139(c)) for coverage of such individual or the spouse of such individual are made, and''. (d) Conforming Amendments.-- (1) Section 72(t)(2)(B) is amended by striking ``subparagraph (A), (C), or (D)'' and inserting ``subparagraph (A), (C), (D), or (G)''. (2) Section 401(k) is amended by adding at the end the following new paragraph: ``(13) Cross reference.-- ``For provision permitting tax-free withdrawals for payment of long-term care premiums, see section 139.'' (3) Section 408(d) is amended by adding at the end the following new paragraph: ``(8) Cross reference.-- ``For provision permitting tax-free withdrawals from individual retirement plans for payment of long-term care premiums, see section 139.'' (4) The table of sections for part III of subchapter B of chapter 1 is amended by striking the last item and inserting the following new items: ``Sec. 139. Distributions from individual retirement plans and section 401(k) plans for long-term care insurance. ``Sec. 140. Cross references to other Acts.'' (e) Effective Date.--The amendments made by this section shall apply to payments and distributions after December 31, 1997. SEC. 3. REFUNDABLE CREDIT FOR TAXPAYERS WITH CERTAIN PERSONS REQUIRING CUSTODIAL CARE IN THEIR HOUSEHOLDS. (a) In General.--Subpart C of part IV of subchapter A of chapter 1 (relating to refundable credits) is amended by redesignating section 35 as section 36 and by inserting after section 34 the following new section: ``SEC. 35. CREDIT FOR TAXPAYERS WITH CERTAIN PERSONS REQUIRING CUSTODIAL CARE IN THEIR HOUSEHOLDS. ``(a) Allowance of Credit.--In the case of an individual who maintains a household which includes as a member one or more qualified persons, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to $500 for each such person. ``(b) Limitation Based on Adjusted Gross Income.-- ``(1) In general.--The amount of the credit allowable under subsection (a) shall be reduced (but not below zero) by $50 for each $1,000 (or fraction thereof) by which the taxpayer's modified adjusted gross income exceeds the threshold amount. For purposes of the preceding sentence, the term `modified adjusted gross income' means adjusted gross income increased by any amount excluded from gross income under section 911, 931, or 933. ``(2) Threshold amount.--For purposes of paragraph (1), the term `threshold amount' means-- ``(A) $110,000 in the case of a joint return, ``(B) $75,000 in the case of an individual who is not married, and ``(C) $55,000 in the case of a married individual filing a separate return. For purposes of this paragraph, marital status shall be determined under section 7703. ``(c) Qualified Person.--For purposes of this section, the term `qualified person' means any individual-- ``(1) who is a father or mother of the taxpayer, his spouse, or his former spouse or who is an ancestor of such a father or mother, ``(2) who is a chronically ill individual (as defined in section 7702B(c)(2)), ``(3) who has as his principal place of abode for more than half of the taxable year the home of the taxpayer, and ``(4) whose name and TIN are included on the taxpayer's return for the taxable year. For purposes of paragraph (1), a stepfather or stepmother shall be treated as a father or mother. ``(d) Special Rules.--For purposes of this section, rules similar to the rules of paragraphs (1), (2), (3), and (4) of section 21(e) shall apply. ``(e) Phase-In.--In the case of a taxable year beginning in a calendar year before 2002, subsection (a) shall be applied by substituting the applicable amount determined under the following table for the $500 amount appearing in subsection (a): ``If the calendar year is: The applicable amount is: 1998............................................... $250 1999............................................... $350 2000............................................... $400 2001............................................... $450. ``(f) Inflation Adjustment.--In the case of any taxable year beginning in a calendar year after 2002, the $500 amount contained in subsection (a) shall be increased by an amount equal to-- ``(1) such dollar amount, multiplied by ``(2) the cost-of-living adjustment under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2001' for `calendar year 1992' in subparagraph (B) thereof. If any amount as adjusted under the preceding sentence is not a multiple of $50, such amount shall be rounded to the nearest multiple of $50.'' (b) Clerical Amendment.--The table of sections for subpart C of part IV of subchapter A of chapter 1 is amended by striking the last item and inserting the following: ``Sec. 35. Credit for taxpayers with certain persons requiring custodial care in their households. ``Sec. 36. Overpayments of tax.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1997.

Summary: Long-Term Care Advancement Act of 1998 - Amends the Internal Revenue Code to: (1) except from the penalty tax and exclude from income amounts withdrawn from qualified retirement plans which are used to pay for premiums for qualified long-term care insurance contracts; and (2) provide a limited credit for an individual who maintains a household with a person requiring custodial care.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Access for All America Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Providing universal coverage for health care for all Americans will be incomplete if access to medical and other health services is not improved. (2) Currently, 56,000,000 Americans, both insured and uninsured, have inadequate access to primary care due to a shortage of physicians and other like providers in their community. (3) Several demonstrations are underway at the Federal and State level to link patients to a primary care ``medical home'' as a means of assuring access, controlling costs, and improving quality. (4) Yet, there already exists a proven medical home model that accomplishes these goals and has done so over the past 40 years while serving over 18,000,000 Americans. (5) Community health centers, also known as Federally Qualified Health Centers (FQHCs), have been found to more than pay for themselves by providing coordinated, comprehensive medical, dental, behavioral health, and prescription drug services that reduce unnecessary emergency room visits, ambulatory-sensitive hospitalizations, and avoidable specialty care. (6) The result is that the American Academy of Family Physicians' Robert Graham Center found that medical expenses for health center patients are 41 percent lower compared to patients seen elsewhere, an average savings of $1,810 per person per year. (7) The Lewin Group found that providing access to a medical home for every American would produce health care savings of $67,000,000,000 per year, more than 8 times the subsidy needed to sustain the 1,100 current health centers and to create 3,900 new or expanded health center sites to accomplish full access. (8) Hand in hand with the expansion of the community health center program, a renewed investment in the National Health Service Corps is essential to reverse the decline in the supply of primary care physicians and dentists. (9) Both the expansion of the community health center program and the investment in the National Health Service Corps can be accomplished for less than 1 percent of total health care spending today. (10) Finally, to encourage broader adoption of the cost- effective community health center model of care beyond underserved areas and populations and to encourage the pursuit and practice of primary care as a career, all willing primary care practitioners should be encouraged to collaborate with community health centers. SEC. 3. SPENDING FOR FEDERALLY QUALIFIED HEALTH CENTERS (FQHCS). Section 330(r) of the Public Health Service Act (42 U.S.C. 254b(r)) is amended by striking paragraph (1) and inserting the following: ``(1) General amounts for grants.--For the purpose of carrying out this section, in addition to the amounts authorized to be appropriated under subsection (d), there is authorized to be appropriated the following: ``(A) For fiscal year 2010, $2,988,821,592. ``(B) For fiscal year 2011, $3,862,107,440. ``(C) For fiscal year 2012, $4,990,553,440. ``(D) For fiscal year 2013, $6,448,713,307. ``(E) For fiscal year 2014, $7,332,924,155. ``(F) For fiscal year 2015, $8,332,924,155. ``(G) For fiscal year 2016, and each subsequent fiscal year, the amount appropriated for the preceding fiscal year adjusted by the product of-- ``(i) one plus the average percentage increase in costs incurred per patient served; and ``(ii) one plus the average percentage increase in the total number of patients served.''. SEC. 4. OTHER PROVISIONS. (a) Settings for Service Delivery.--Section 330(a)(1) of the Public Health Service Act (42 U.S.C. 254b(a)(1)) is amended by adding at the end the following: ``Required primary health services and additional health services may be provided either at facilities directly operated by the center or at any other inpatient or outpatient settings determined appropriate by the center to meet the needs of its patents.''. (b) Location of Service Delivery Sites.--Section 330(a) of the Public Health Service Act (42 U.S.C. 254b(a)) is amended by adding at the end the following: ``(3) Considerations.-- ``(A) Location of sites.--Subject to subparagraph (B), a center shall not be required to locate its service facility or facilities within a designated medically underserved area in order to serve either the residents of its catchment area or a special medically underserved population comprised of migratory and seasonal agricultural workers, the homeless, or residents of public housing, if that location is determined by the center to be reasonably accessible to and appropriate to meet the needs of the medically underserved residents of the center's catchment area or the special medically underserved population, in accordance with subparagraphs (A) and (J) of subsection (k)(3). ``(B) Location within another center's area.--The Secretary may permit applicants for grants under this section to propose the location of a service delivery site within another center's catchment area if the applicant demonstrates sufficient unmet need in such area and can otherwise justify the need for additional Federal resources in the catchment area. In determining whether to approve such a proposal, the Secretary shall take into consideration whether collaboration between the two centers exists, or whether the applicant has made reasonable attempts to establish such collaboration, and shall consider any comments timely submitted by the affected center concerning the potential impact of the proposal on the availability or accessibility of services the affected center currently provides or the financial viability of the affected center.''. (c) Affiliation Agreements.--Section 330(k)(3)(B) of the Public Health Service Act (42 U.S.C. 254b(k)(3)(B)) is amended by inserting before the semicolon the following: ``, including contractual arrangements as appropriate, while maintaining full compliance with the requirements of this section, including the requirements of subparagraph (H) concerning the composition and authorities of the center's governing board, and, except as otherwise provided in clause (ii) of such subparagraph, ensuring full autonomy of the center over policies, direction, and operations related to health care delivery, personnel, finances, and quality assurance''. (d) Governance Requirements.--Section 330(k)(3) of the Public Health Service Act (42 U.S.C. 254b(k)(3)) is amended-- (1) in subparagraph (H)-- (A) in clause (ii), by striking ``; and'' and inserting ``, except that in the case of a public center (as defined in the second sentence of this paragraph), the public entity may retain authority to establish financial and personnel policies for the center; and''; (B) in clause (iii), by adding ``and'' at the end; and (C) by inserting after clause (iii) the following: ``(iv) in the case of a co-applicant with a public entity, meets the requirements of clauses (i) and (ii);''; and (2) in the second sentence, by inserting before the period the following: ``that is governed by a board that satisfies the requirements of subparagraph (H) or that jointly applies (or has applied) for funding with a co-applicant board that meets such requirements''. (e) Adjustment in Center's Operating Plan and Budget.--Section 330(k)(3)(I)(i) of the Public Health Service Act (42 U.S.C. 254b(k)(3)(I)(i)) is amended by inserting before the semicolon the following: ``, which may be modified by the center at any time during the fiscal year involved if such modifications do not require additional grant funds, do not compromise the availability or accessibility of services currently provided by the center, and otherwise meet the conditions of subsection (a)(3)(B), except that any such modifications that do not comply with this clause, as determined by the health center, shall be submitted to the Secretary for approval''. (f) Joint Purchasing Arrangements for Reduced Cost.--Section 330(l) of the Public Health Service Act (42 U.S.C. 254b(l)) is amended-- (1) by striking ``The Secretary'' and inserting the following: ``(1) In general.--The Secretary''; and (2) by adding at the end the following: ``(2) Assistance with supplies and services costs.--The Secretary, directly or through grants or contracts, may carry out projects to establish and administer arrangements under which the costs of providing the supplies and services needed for the operation of federally qualified health centers are reduced through collaborative efforts of the centers, through making purchases that apply to multiple centers, or through such other methods as the Secretary determines to be appropriate.''. (g) Opportunity To Correct Material Failure Regarding Grant Conditions.--Section 330(e) of the Public Health Service Act (42 U.S.C. 254b(e)) is amended by adding at the end the following: ``(6) Opportunity to correct material failure regarding grant conditions.--If the Secretary finds that a center materially fails to meet any requirement (except for any requirements waived by the Secretary) necessary to qualify for its grant under this subsection, the Secretary shall provide the center with an opportunity to achieve compliance (over a period of up to 1 year from making such finding) before terminating the center's grant. A center may appeal and obtain an impartial review of any Secretarial determination made with respect to a grant under this subsection, or may appeal and receive a fair hearing on any Secretarial determination involving termination of the center's grant entitlement, modification of the center's service area, termination of a medically underserved population designation within the center's service area, disallowance of any grant expenditures, or a significant reduction in a center's grant amount.''. SEC. 5. FUNDING FOR NATIONAL HEALTH SERVICE CORPS. Section 338H(a) of the Public Health Service Act (42 U.S.C. 254q(a)) is amended to read as follows: ``(a) Authorization of Appropriations.--For the purpose of carrying out this section, there is authorized to be appropriated, out of any funds in the Treasury not otherwise appropriated, the following: ``(1) For fiscal year 2010, $320,461,632. ``(2) For fiscal year 2011, $414,095,394. ``(3) For fiscal year 2012, $535,087,442. ``(4) For fiscal year 2013, $691,431,432. ``(5) For fiscal year 2014, $893,456,433. ``(6) For fiscal year 2015, $1,154,510,336. ``(7) For fiscal year 2016, and each subsequent fiscal year, the amount appropriated for the preceding fiscal year adjusted by the product of-- ``(A) one plus the average percentage increase in the costs of health professions education during the prior fiscal year; and ``(B) one plus the average percentage change in the number of individuals residing in health professions shortage areas designated under section 333 during the prior fiscal year, relative to the number of individuals residing in such areas during the previous fiscal year.''.

Summary: Access for All America Act - Amends the Public Health Service Act to: (1) increase and extend the authorization of appropriations for community health centers and for the National Health Service Corps scholarship and loan repayment program for FY2010-FY2015, and provide for increased funding for such programs in FY2016 and each subsequent fiscal year; and (2) revise and expand provisions allowing a community health center to provide services at different locations, adjust its operating plan and budget, enter into arrangements with other centers to purchase supplies and services at reduced cost, and correct material failures in grant compliance.


short title Sec. 101. This Act may be cited as the ``Great Lakes Federal Effectiveness Act''. great lakes research council Sec. 102. (a) Establishment of Council.--There is established a Great Lakes Research Council. (b) Duties of Council.--The Council shall-- (1) advise and promote the coordination of Federal research activities to avoid unnecessary duplication and ensure greater effectiveness in achieving ecosystem protection of the Great Lakes through the goals of the Great Lakes Water Quality Agreement; (2) no later than one year after the date of enactment of this Act, prepare and provide to interested parties, a document which includes-- (A) an assessment of the research activities needed to fulfill the Great Lakes Water Quality Agreement goals; (B) an assessment of existing Federal expertise and capabilities in those activities needed to fulfill the Great Lakes Water Quality Agreement goals, including an inventory of existing Federal Great Lakes research programs, projects, facilities, and personnel; and (C) recommendations for long-term and short-term priorities for Federal research on the Great Lakes, based on a comparison of the assessment conducted under subparagraph (A) and existing programs; (3) identify topics for and participate in meetings, workshops, symposia, and conferences on Great Lakes research issues; (4) make recommendations for the uniform collection of data for enhancing research and management protocols relating to the Great Lakes ecosystem; (5) advise and cooperate in the establishment of a comprehensive, multi-media data base for the Great Lakes ecosystem; and (6) ensure that the results, findings, and information regarding Great Lakes research programs conducted or sponsored by the Federal Government be disseminated in a timely manner, and in useful forms, to interested persons, using as much as possible existing mechanisms, such as the Great Lakes Research Inventory prepared by the International Joint Commission. (c) Membership.--(1) The Council shall be comprised of one research manager with extensive knowledge, scientific expertise, and experience in the Great Lakes ecosystem for each of the following agencies-- (A) the Environmental Protection Agency; (B) the National Oceanic and Atmospheric Administration; (C) the United States Coast Guard; (D) the United States Fish and Wildlife Service; and (E) any other relevant Federal department, agency or instrumentality, as determined by the Council membership. (2) Other persons who are not Federal employees may serve as ex officio members of the Council, at the request of the Council membership. (d) Chairperson.--The Chairperson of the Council shall be elected by the members and shall serve for a period of two years. No member of the Council may serve as Chairperson for more than two consecutive terms. (e) Compensation.--While performing official duties as members of the Council, members of the Council are entitled to receive compensation for travel and transportation expenses under section 5703 of title 5, United States Code. (f) Interagency Cooperation.--The head of each department, agency, or other instrumentality of the Federal Government which is a member of the Council-- (1) shall cooperate with the Council to implement the recommendations developed under subsection (b); (2) may, upon written request of the Chairperson of the Council, make available, on a reimbursable basis or otherwise, personnel, services, or facilities as may be necessary to assist the Council in achieving the purposes of this Act; and (3) shall, upon written request from the Chairperson, furnish data or information necessary to achieve the purposes of this Act. international cooperation Sec. 103. (a) International Joint Commission.--The Council shall invite the International Joint Commission to serve as Secretariat and principal coordinating body for the Council. (b) Funding.--Agencies represented on the Council may reimburse costs associated with activities authorized under this Act conducted by the International Joint Commission. effect on other laws Sec. 104. Nothing in this Act shall be construed to amend, restrict, or otherwise alter the authority of any Federal department, agency, or instrumentality, under any law, to undertake Great Lakes research activities. definitions Sec. 105. In this Act-- (1) ``Council'' means the Great Lakes Research Council established under section 102 of this Act. (2) ``Great Lakes'' means-- (A) Lake Erie, Lake Huron, Lake Michigan, Lake Ontario, and Lake Superior; (B) their connecting waters, including the St. Marys River; the St. Clair River, Lake St. Clair, the Detroit River, and the Niagara River; and (C) the St. Lawrence River. (3) ``Great Lakes research'' means the application of scientific and/or engineering expertise to explain, understand, and predict physical, chemical, biological, and socioeconomic processes, and their interaction, in the Great Lakes ecosystem. (4) ``Great Lakes Water Quality Agreement'' means the bilateral agreement between the United States and Canada which was signed in 1978 and amended by the Protocol of 1987.

Summary: Great Lakes Federal Effectiveness Act - Establishes a Great Lakes Research Council to: (1) advise and promote the coordination of Federal research activities to avoid unnecessary duplication and ensure greater effectiveness in achieving ecosystem protection of the Great Lakes through the Great Lakes Water Quality Agreement; (2) prepare and provide to interested parties a document which includes an assessment of research activities needed to fulfill the goals of the Agreement and of existing Federal expertise in such activities and recommendations for research priorities; (3) identify topics for and participate in workshops and conferences on Great Lakes research issues; (4) make recommendations for the uniform collection of data for enhancing research and management protocols relating to the Great Lakes ecosystem; (5) advise and cooperate in the establishment of a multi-media data base for such ecosystem; and (6) ensure that findings and information regarding such research are disseminated in a timely manner.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Summer Relief for Motorists Act of 2006''. SEC. 2. SENSE OF CONGRESS. It is the sense of Congress that the States, with an average gas tax of 20.8 cents per gallon, also possess the ability to provide significant immediate relief to motorists by temporarily suspending their own motor fuel excise taxes. While Congress believes such action is appropriate, Congress also believes that the States should find offsets for such temporary motor fuel excise tax suspensions in order to maintain their commitment to transportation infrastructure investment. SEC. 3. SUSPENSION OF HIGHWAY FUEL TAXES. (a) Suspension of Highway Fuel Taxes on Gasoline, Diesel Fuel, and Kerosene.-- (1) In general.--Section 4081 of the Internal Revenue Code of 1986 (relating to imposition of tax on gasoline, diesel fuel, and kerosene) is amended by adding at the end the following new subsection: ``(f) Suspension of Taxes on Gasoline, Diesel Fuel, and Kerosene.-- ``(1) In general.--During the suspension period, each rate of tax referred to in paragraph (2) shall be reduced to zero cents per gallon. ``(2) Rates of tax.--The rates of tax referred to in this paragraph are the rates of tax otherwise applicable under-- ``(A) clauses (i) and (iii) of subsection (a)(2)(A) (relating to gasoline, diesel fuel, and kerosene), determined after application of subsection (a)(2)(B) and without regard to subsection (a)(2)(C), and ``(B) paragraph (1) of section 4041(a) (relating to diesel fuel and kerosene) with respect to fuel sold for use or used in a diesel-powered highway vehicle. ``(3) Suspension period.--For purposes of this subsection, the term `suspension period' means the period beginning on May 29, 2006 (or, if later, the date of the enactment of this subsection) and ending on September 4, 2006. ``(4) Maintenance of trust fund deposits.--In determining the amounts to be appropriated to the Highway Trust Fund under section 9503 and to the Leaking Underground Storage Tank Trust Fund under section 9508, an amount equal to the reduction in revenues to the Treasury by reason of this subsection shall be treated as taxes received in the Treasury under this section or section 4041.''. (2) Effective date.--The amendment made by this subsection shall take effect on the date of the enactment of this Act. (b) Floor Stock Refunds.-- (1) In general.--If-- (A) before the tax suspension date, tax has been imposed under section 4081 of the Internal Revenue Code of 1986 on any highway motor fuel, and (B) on such date such fuel is held by a dealer and has not been used and is intended for sale, there shall be credited or refunded (without interest) to the person who paid such tax (hereafter in this subsection referred to as the ``taxpayer'') an amount equal to the excess of the tax paid by the taxpayer over the tax which would be imposed on such fuel had the taxable event occurred on such date. (2) Time for filing claims.--No credit or refund shall be allowed or made under this subsection unless-- (A) claim therefor is filed with the Secretary of the Treasury before the date which is 6 months after the tax suspension date based on a request submitted to the taxpayer before the date which is 3 months after the tax suspension date by the dealer who held the highway motor fuel on such date, and (B) the taxpayer has repaid or agreed to repay the amount so claimed to such dealer or has obtained the written consent of such dealer to the allowance of the credit or the making of the refund. (3) Exception for fuel held in retail stocks.--No credit or refund shall be allowed under this subsection with respect to any highway motor fuel in retail stocks held at the place where intended to be sold at retail. (4) Definitions.--For purposes of this subsection-- (A) Tax suspension date.--The term ``tax suspension date'' means the first day of the suspension period in effect under section 4081(f) of the Internal Revenue Code of 1986 (as added by subsection (a) of this section). (B) Highway motor fuel.--The term ``highway motor fuel'' has the meaning given such term for purposes of subsection (c). (C) Other terms.--The terms ``dealer'' and ``held by a dealer'' have the respective meanings given to such terms by section 6412 of such Code. (5) Certain rules to apply.--Rules similar to the rules of subsections (b) and (c) of section 6412 of such Code shall apply for purposes of this subsection. (c) Floor Stocks Tax.-- (1) Imposition of tax.--In the case of any highway motor fuel which is held on the tax restoration date by any person, there is hereby imposed a floor stocks tax equal to the excess of the tax which would be imposed on such fuel had the taxable event occurred on such date over the tax (if any) previously paid (and not credited or refunded) on such fuel. (2) Liability for tax and method of payment.-- (A) Liability for tax.--The person holding highway motor fuel on the tax restoration date to which the tax imposed by paragraph (1) applies shall be liable for such tax. (B) Method of payment.--The tax imposed by paragraph (1) shall be paid in such manner as the Secretary shall prescribe. (C) Time for payment.--The tax imposed by paragraph (1) shall be paid on or before the 45th day after the tax restoration date. (3) Definitions.--For purposes of this subsection-- (A) Tax restoration date.--The term ``tax restoration date'' means the first day after the suspension period (as defined in section 4081(f) of the Internal Revenue Code of 1986). (B) Highway motor fuel.--The term ``highway motor fuel'' means any liquid on which tax would have been imposed under section 4081 of the Internal Revenue Code of 1986 during the suspension period in effect under section 4081(f) of such Code but for the amendments made by subsection (a). (C) Held by a person.--A highway motor fuel shall be considered as held by a person if title thereto has passed to such person (whether or not delivery to the person has been made). (D) Secretary.--The term ``Secretary'' means the Secretary of the Treasury or the Secretary's delegate. (4) Exception for exempt uses.--The tax imposed by paragraph (1) shall not apply to any highway motor fuel held by any person exclusively for any use to the extent a credit or refund of the tax is allowable for such use. (5) Exception for certain amounts of fuel.-- (A) In general.--No tax shall be imposed by paragraph (1) on any highway motor fuel held on the tax restoration date by any person if the aggregate amount of such highway motor fuel held by such person on such date does not exceed 2,000 gallons. The preceding sentence shall apply only if such person submits to the Secretary (at the time and in the manner required by the Secretary) such information as the Secretary shall require for purposes of this subparagraph. (B) Exempt fuel.--For purposes of subparagraph (A), there shall not be taken into account any highway motor fuel held by any person which is exempt from the tax imposed by paragraph (1) by reason of paragraph (4). (C) Controlled groups.--For purposes of this subsection-- (i) Corporations.-- (I) In general.--All persons treated as a controlled group shall be treated as 1 person. (II) Controlled group.--The term ``controlled group'' has the meaning given to such term by subsection (a) of section 1563 of such Code; except that for such purposes the phrase ``more than 50 percent'' shall be substituted for the phrase ``at least 80 percent'' each place it appears in such subsection. (ii) Nonincorporated persons under common control.--Under regulations prescribed by the Secretary, principles similar to the principles of subparagraph (A) shall apply to a group of persons under common control if 1 or more of such persons is not a corporation. (6) Other laws applicable.--All provisions of law, including penalties, applicable with respect to the taxes imposed by section 4081 of such Code shall, insofar as applicable and not inconsistent with the provisions of this subsection, apply with respect to the floor stock taxes imposed by paragraph (1) to the same extent as if such taxes were imposed by such section. SEC. 4. SUSPENSION OF ROYALTY RELIEF. (a) New Leases.-- (1) Requirement.--The Secretary of the Interior (referred to in this title as the ``Secretary'') shall suspend the application of any provision of Federal law under which a person would otherwise be provided relief from a requirement to pay a royalty for the production of oil or natural gas from Federal land (including submerged land) occurring on or after the date of enactment of this Act during a period in which-- (A) for the production of oil, the average price of crude oil in the United States during the 4-week period immediately preceding the suspension is greater than $35.86 per barrel; and (B) for the production of natural gas, the average wellhead price of natural gas in the United States during the 4-week period immediately preceding the suspension is greater than $4.48 per 1,000 cubic feet. (2) Determination of average prices.--For purposes of paragraph (1), the Secretary shall determine average prices, taking into consideration the most recent data reported by the Energy Information Administration. (b) Renegotiation of Existing Leases.-- (1) Requirement.--The Secretary shall, to the maximum extent practicable, renegotiate each lease authorizing production of oil or natural gas on Federal land (including submerged land) issued by the Secretary before the date of the enactment of this Act as the Secretary determines to be necessary to modify the terms of the lease to ensure that a suspension of a requirement to pay royalties under the lease does not apply to production described in subsection (a)(1). (2) Failure to renegotiate and modify.-- (A) In general.--Beginning on the date that is 1 year after the date of enactment of this Act, a lessee that does not renegotiate a lease described in paragraph (1) in accordance with that paragraph shall not be eligible to enter into a new lease authorizing production of oil or natural gas on Federal land (including submerged land). (B) Transfers.--A lessee shall not be eligible to obtain by sale or other transfer any lease described in paragraph (1) issued before the date of enactment of this Act, unless the lessee-- (i) renegotiates the lease; and (ii) enters into an agreement with the Secretary to modify the terms of the lease in accordance with paragraph (1).

Summary: Summer Relief for Motorists Act of 2006 - Expresses the sense of Congress that states can assist motorists by temporarily suspending state gasoline taxes without jeopardizing their commitment to transportation infrastructure investment. Amends the Internal Revenue Code to suspend excise taxes on gasoline, diesel fuel, and kerosene from the enactment of this Act until September 4, 2006 (suspension period). Provides for reimbursement to the Highway Trust Fund and the Leaking Underground Storage Tank Trust Fund for tax revenues lost during the suspension period. Requires the Secretary of the Interior to suspend the application of any federal law exempting crude oil and natural gas producers from the payment of royalties for production activities on federal lands during periods when the average price of crude oil exceeds $35.86 per barrel and the average wellhead price of natural gas exceeds $4.48 per 1,000 cubic feet.