SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Rent-To-Own Consumer Credit
Protection Act of 1993''.

SEC. 2. RENT-TO-OWN PROTECTION ACT.

    The Consumer Credit Protection Act (15 U.S.C. 1601 et seq.) is
amended by adding at the end the following new title:

                  ``TITLE X--RENT-TO-OWN TRANSACTIONS

``Sec.
``1001. Short title.
``1002. Findings and purposes.
``1003. Definitions.
``1004. Application of State laws regarding fees, charges, guarantees,
                            and warranties.
``1005. Application of Federal laws.
``1006. Disclosures on goods.
``1007. Prohibitions; enforcement.
``1008. Civil liability.
``1009. Regulations.
``1010. Relationship to other laws.
``Sec. 1001. Short title
    ``This title may be cited as the `Rent-To-Own Consumer Credit
Protection Act'.
``Sec. 1002. Findings and purposes
    ``(a) Findings.--The Congress finds that--
            ``(1) the rent-to-own industry targets its products
        primarily to low-income and minority neighborhoods;
            ``(2) the majority of rent-to-own customers enter into
        rent-to-own contracts with the intention of owning the goods
        for which they are contracting;
            ``(3) rent-to-own dealers often fail to disclose key terms
        of rent-to-own contracts, and engage in unfair debt collection
        practices; and
            ``(4) rent-to-own dealers do not provide customers with the
        protections afforded purchasers in retail installment sales
        under State and Federal laws, and often charge excessive fees
        and interest rates.
    ``(b) Purposes.--The purposes of this title are--
            ``(1) to provide consumers in rent-to-own transactions the
        range of protections provided under State and Federal laws to
        individuals who acquire goods in other consumer credit sales;
            ``(2) to require rent-to-own contracts, and tags affixed to
        items available for acquisition in rent-to-own transactions, to
        disclose the material terms of those transactions; and
            ``(3) to prohibit rent-to-own dealers and collection agents
        hired by such dealers from engaging in abusive collection
        practices.
``Sec. 1003. Definitions
    ``As used in this title--
            ``(1) the term `cash price' means--
                    ``(A) with respect to any item of consumer goods--
                            ``(i) the bona fide retail price for the
                        item as offered for sale by a seller to a
                        consumer who pays the full price in one payment
                        before taking possession of the item, as
                        indicated by actual sales of such item; or
                            ``(ii) the average cash retail price of the
                        item or a similar item in the community; and
                    ``(B) with respect to a service--
                            ``(i) the bona fide retail value of the
                        service if provided independently to a
                        consumer; or
                            ``(ii) the estimated bona fide retail value
                        of the service;
            ``(2) the term `Commission' means the Federal Trade
        Commission;
            ``(3) the term `consumer'--
                    ``(A) when used as an adjective, means for use by
                an individual primarily for personal, family, or
                household purposes; and
                    ``(B) when used as a noun, means an individual who
                is the lessee or bailee under a rent-to-own contract;
            ``(4) the term `credit'--
                    ``(A) includes the right granted by a seller to a
                consumer to obtain possession of an item of consumer
                goods under a rent-to-own contract before payment of
                the total amount that is required to be paid to acquire
                ownership of the item; and
                    ``(B) is deemed to be a fixed sum equal to the
                difference of--
                            ``(i) the total of payments for the item
                        required to obtain ownership of the item under
                        the contract; minus
                            ``(ii) the sum of--
                                    ``(I) the cash price;
                                    ``(II) any fees specifically
                                allowable under State law, except
                                finance charges, interest, or a time
                                price differential; and
                                    ``(III) the termination fee under
                                section 1004;
            ``(5) the term `organization' means a corporation, trust,
        estate, partnership, cooperative, or association;
            ``(6) the term `person' means a natural person or an
        organization;
            ``(7) the term `rent-to-own contract' means a contract in
        the form of a terminable lease or bailment of an item of
        consumer goods, under which--
                    ``(A) the consumer--
                            ``(i) has the right of possession and use
                        of the item; and
                            ``(ii) has the option to renew the contract
                        periodically by making payments specified in
                        the contract; and
                    ``(B) the seller agrees, orally or in writing, to
                transfer ownership of the item to the consumer upon the
                fulfillment of all obligations of the consumer under
                the contract for that transfer;
            ``(8) the term `rent-to-own transaction' means the lease or
        bailment of an item of consumer goods under a rent-to-own
        contract;
            ``(9) the term `seller' means--
                    ``(A) a person--
                            ``(i) who regularly makes consumer goods
                        available under rent-to-own contracts; and
                            ``(ii) to whom payments are payable under
                        those contracts; and
                    ``(B) an assignee of such a person; and
            ``(10) the term `State' means any State, the Commonwealth
        of Puerto Rico, the District of Columbia, and any territory or
        possession of the United States.
``Sec. 1004. Application of State laws regarding fees, charges,
              guarantees, and warranties
    ``(a) In General.--Subject to subsection (b), a seller in a rent-
to-own transaction may not take, receive, or assess any interest,
finance charge, or other fee for the transaction that is in excess of
the interest, fees, or finance charges that may be charged under the
laws of the State in which the seller is located that--
            ``(1) establish a maximum rate or amount of interest,
        finance charge, or time-price differential that may be charged
        in connection with a credit sale or retail installment sale;
            ``(2) establish the types of fees and the maximum amount of
        fees that a seller may charge in connection with a credit sale
        or retail installment sale; or
            ``(3) establish the types of credit insurance and the
        maximum amount of premiums that may be charged for credit
        insurance in connection with a credit sale or a retail
        installment sale.
    ``(b) Additional Termination Charges and Fees.--
            ``(1) Charges and fees authorized.--In addition to charges
        and fees authorized under subsection (a), a seller in a rent-
        to-own transaction may charge--
                    ``(A) a termination fee in accordance with
                paragraph (2), if in exchange the consumer is given the
                right to terminate the rent-to-own contract for the
                transaction at any time without regard to whether the
                consumer has completed payment of the fee; and
                    ``(B) reasonable fees for recovery of the items
                that are the subject of the contract and that are not
                voluntarily returned to the seller upon the completion
                or termination of the contract.
            ``(2) Termination fee.--A termination fee under paragraph
        (1)(A)--
                    ``(A) shall not exceed 5 percent of the cash price
                disclosed under the contract;
                    ``(B) shall be disclosed in the contract; and
                    ``(C) may be paid at the time the contract is
                entered into or over the life of the contract; and
                    ``(D) shall be calculated as part of the finance
                charge determined under section 106 of the Truth in
                Lending Act.
            ``(3) Recovery fees.--A recovery fee under paragraph (1)(B)
        shall be disclosed in the contract.
            ``(4) Effect of termination.--The termination of a rent-to-
        own contract by a consumer in accordance with a right of
        termination given to the consumer in exchange for a termination
        fee under subsection (a)(1) shall be deemed to satisfy the
        consumer's obligations for all payments and fees due under the
        contract, except for payments and fees under the contract that
        were due prior to the date of termination.
    ``(c) Guarantees and Warranties.--All guarantees and warranties
established or required under the laws of a State for goods sold
pursuant to a consumer credit sale or retail installment sale shall
apply to goods that are the subject of a rent-to-own transaction in the
State.
``Sec. 1005. Application of Federal laws
    ``The following Federal laws apply to a rent-to-own transaction, as
follows:
            ``(1) Truth in lending act.--The Truth in Lending Act
        applies as it applies to consumer credit transactions other
        than consumer credit transactions under an open end credit
        plan.
            ``(2) Equal credit opportunity act.--The Equal Credit
        Opportunity Act applies as it applies to credit transactions.
        For purposes of this application--
                    ``(A) a consumer shall be treated as an applicant;
                and
                    ``(B) a seller shall be treated as a creditor.
            ``(3) Fair debt collection practices act.--The Fair Debt
        Collection Practices Act applies to the collection of overdue
        payments arising from a rent-to-own transaction, unless the
        payments are collected by any person specified in subparagraphs
        (A) through (F) of section 803(6) of such Act. For purposes of
        this application, overdue payments shall be treated as debt.
            ``(4) Fair credit reporting act.--The Fair Credit Reporting
        Act applies as it applies to a credit transaction and to any
        extension or denial of credit.
``Sec. 1006. Disclosures on goods
    ``A seller shall include on each item in the place of business of
the seller that is available for purchase pursuant to a rent-to-own
transaction--
            ``(1) the cash price of the item;
            ``(2) an itemization of services offered under a rent-to-
        own contract for the item, and the cash price of each service;
            ``(3) the annual percentage rate of the item under a rent-
        to-own contract, determined under section 107 of the Truth in
        Lending Act;
            ``(4) the weekly, biweekly, monthly, or other incremental
        payment applicable under the rent-to-own contract for the
        transaction and the number of payments;
            ``(5) the total of payments required to be paid to acquire
        ownership of the item under a rent-to-own contract for the
        transaction, determined under regulations under the Truth in
        Lending Act; and
            ``(6) specification of whether the item is new or used.
``Sec. 1007. Prohibitions; enforcement
    ``(a) Prohibitions.--A person who is a seller under a rent-to-own
contract with a consumer shall not--
            ``(1) threaten or invoke criminal prosecution of a consumer
        for any matter related to the contract, unless there is clear
        and convincing evidence that the goods that are the subject of
        the contract are being held by the consumer with an intent to
        defraud the seller;
            ``(2) use threats or coercion to collect or attempt to
        collect any amounts alleged to be due from the consumer;
            ``(3) engage in any conduct, the natural consequence of
        which is to oppress, harass, or abuse any person in connection
        with an attempt to collect amounts owed by the consumer under
        the contract;
            ``(4) unreasonably publicize information to third parties
        regarding amounts owed by the consumer;
            ``(5) make any fraudulent, deceptive, or misleading
        representation to obtain information about the consumer or to
        collect amounts owed by the consumer;
            ``(6) use any unconscionable means to collect or attempt to
        collect a debt owed to the seller;
            ``(7) engage in any act or practice that is unfair or
        deceptive in making, servicing, or collecting payment pursuant
        to a rent-to-own contract;
            ``(8) advertise, announce, solicit, or otherwise represent
        as free or available without charge (including by use of other
        words of similar meaning) any service under the contract for
        which the seller charges the consumer, including any service
        for which a charge is collected by inclusion in the amount
        required to be paid under the contract;
            ``(9) use, for purposes of complying with any State or
        Federal law governing rent-to-own transactions (other than a
        State or Federal tax law) any definition of the term `cash
        price' other than the definition under section 1003(2); or
            ``(10) attempt to evade the provisions of this title by any
        devise or subterfuge.
    ``(b) Enforcement.--
            ``(1) In general.--Compliance with the requirements under
        this title shall be enforced by the Commission. All functions
        and powers of the Commission under the Federal Trade Commission
        Act shall be available to the Commission to enforce compliance
        with this title by any person, irrespective of whether the
        person is engaged in commerce or meets any other jurisdictional
        tests in the Federal Trade Commission Act, including the power
        to enforce the provisions of this title in the same manner as
        if the violation had been a violation of a Commission trade
        regulation rule.
            ``(2) Treatment of violations.--For the purpose of the
        exercise by the Commission of its functions and powers under
        the Federal Trade Commission Act, a violation of any
        requirement or prohibition under this title is deemed to be an
        unfair or deceptive act or practice in commerce in violation of
        that Act.
``Sec. 1008. Civil liability
    ``(a) Liability for Failure to Properly Disclose Terms.--A seller
who fails to comply with a requirement under section 1006 shall be
liable to the consumer in an amount equal to the sum of--
            ``(1) actual damages sustained by the consumer as a result
        of the failure;
            ``(2) $500 for each failure; and
            ``(3) all costs of the action and reasonable attorney fees,
        as determined by the court.
    ``(b) Other Liability.--A seller who violates this title or fails
to comply with any requirement imposed under this title, other than
under section 1005, shall be liable to the consumer in an amount equal
to the sum of--
            ``(1) actual damages sustained by the consumer as a result
        of the violation;
            ``(2) $5,000 for each violation; and
            ``(3) all costs of the action and reasonable attorney fees,
        as determined by the court.
    ``(c) Jurisdiction; Limitation.--
            ``(1) In general.--An action under this title may be
        brought in any United States district court or in any other
        court of competent jurisdiction, not later than 2 years after
        the date of the violation or failure that is the subject of the
        action.
            ``(2) Other actions.--The 2-year statute of limitations in
        paragraph (1) shall not prohibit any person from asserting a
        violation of this title as a defense in an action to collect
        amounts alleged to be due from such person, if such action is
        brought more than 2 years after the date of the occurrence of
        the violation.
    ``(d) Remedies.--Nothing in this title shall be construed to limit
any remedy otherwise available under State or Federal law.
``Sec. 1009. Regulations
    ``Not later than 6 months after the date of enactment of this
title, the Commission shall issue such regulations as may be necessary
to implement this title.
``Sec. 1010. Relationship to other laws
    ``(a) State Law.--This title does not annul, alter, affect, or
exempt any person subject to the provisions of this title from
complying with the laws of any State with respect to rent-to-own
transactions, except to the extent that such laws are inconsistent with
any provision of this title, and then only to the extent of the
inconsistency.
    ``(b) Consumer Lease Provisions of Truth in Lending Act.--Chapter 5
of the Truth in Lending Act, relating to consumer leases, shall not
apply to a rent-to-own transaction to the extent application of that
Act to the transaction is inconsistent with this title.''.

SEC. 3. RECOMMENDATIONS TO CONGRESS.

    Not later than 2 years after the date of enactment of this Act, the
Federal Trade Commission shall submit to the Congress any
recommendations for further legislative or administrative action with
respect to the regulation of rent-to-own transactions.

SEC. 4. EFFECTIVE DATE.

    The provisions of this Act and the amendments made by this Act
shall take effect on the date of enactment of this Act.

S 1566 IS----2

Summary: Rent-To-Own Consumer Credit Protection Act of 1993 - Amends the Consumer Credit Protection Act to prohibit a seller in a rent-to-own transaction from taking, receiving, or assessing any interest, finance charge, or other fee for the transaction in excess of that which may be charged under State law which establishes in connection with a credit or retail installment sale for the same or a similar item: (1) a maximum rate or amount of interest, finance charge, or time-price differential that may be charged. (2) the types and maximum amount of fees that a seller may charge. Or (3) the types of credit insurance and the maximum amount of premiums that can be charged for credit insurance. Sets forth requirements regarding: (1) termination, recovery, and other fees, (2) the effect of termination. And (3) guarantees and warranties. Makes the following Federal laws applicable to rent-to-own transactions: (1) the Truth in Lending Act, (2) the Equal Credit Opportunity Act, (3) the Fair Debt Collection Practices Act. And (4) the Fair Credit Reporting Act. Requires a seller to include the following information on each item in the seller's place of business that is available for purchase pursuant to a rent-to-own transaction: (1) the cash price. (2) an itemization of services offered and the price of each service, (3) the annual percentage rate, (4) any applicable periodic payment and the number of payments, (5) the total number of payments required to acquire ownership. And (6) whether the item is new or used. Requires a seller to provide such information to a consumer in writing at the time the parties enter into the contract. Prohibits a seller under a rent-to-own contract with a consumer from taking specified actions, such as using threats or coercion to collect amounts alleged due, or unreasonably disclosing information to third parties regarding amounts owed by the consumer. Makes compliance with the requirements of this Act enforceable by the Federal Trade Commission. Deems a violation of this Act to be an unfair or deceptive act or practice in violation of the Federal Trade Commission Act. Subjects sellers who violate the requirements of this Act to civil liability.


SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Essential Oral
Health Care Act of 2009''.
    (b) Table of Contents.--The table of contents of this Act is as
follows:

Sec. 1. Short title; table of contents.
   TITLE I--PUBLIC-PRIVATE PARTNERSHIP TO IMPROVE ORAL HEALTH ACCESS

Sec. 101. Grants to support volunteer dental projects.
  TITLE II--STATE OPTION FOR IMPROVING MEDICAID DENTAL SERVICES ACCESS

Sec. 201. Support for ensuring individuals enrolled in Medicaid have
                            dental services access equal to the
                            population of the State.

   TITLE I--PUBLIC-PRIVATE PARTNERSHIP TO IMPROVE ORAL HEALTH ACCESS

SEC. 101. GRANTS TO SUPPORT VOLUNTEER DENTAL PROJECTS.

    Title V of the Social Security Act (42 U.S.C. 701 et seq.) is
amended by adding at the end the following new section:

``SEC. 511. GRANTS TO SUPPORT VOLUNTEER DENTAL PROJECTS.

    ``(a) Authority To Make Grants.--In addition to any other payments
made under this title to a State, the Secretary shall award grants to
eligible entities as defined in subsection (b) to purchase portable or
mobile dental equipment and to pay for appropriate operational costs,
including direct health care or service delivery costs, for the
provision of free dental services to underserved populations that are
delivered in a manner consistent with State licensing laws.
    ``(b) Eligible Entity.--An eligible entity under this subsection is
an organization, such as a State or local dental association, or a
dental education, dental hygiene education or postdoctoral dental
education program accredited by the Commission on Dental Accreditation,
or a community-based organization that partners with an academic
institution, that is exempt from tax under section 501(c) of the
Internal Revenue Code of 1986 and that offers a free dental services
program for underserved populations.
    ``(c) Application.--An institution desiring a grant under this
section shall submit an application to the Secretary in such manner as
the Secretary may require.
    ``(d) Authorization of Appropriations.--There are authorized to be
appropriated to make grants under this section $3,000,000 for each of
fiscal years 2010 through 2014.''.

  TITLE II--STATE OPTION FOR IMPROVING MEDICAID DENTAL SERVICES ACCESS

SEC. 201. SUPPORT FOR ENSURING INDIVIDUALS ENROLLED IN MEDICAID HAVE
              DENTAL SERVICES ACCESS EQUAL TO THE POPULATION OF THE
              STATE.

    (a) In General.--Section 1903 of the Social Security Act (42 U.S.C.
1396b) is amended by adding at the end the following new subsection:
    ``(aa) Equal Access to Oral Health Care Plan.--
            ``(1) Increase in fmap for states implementing approved
        equal access requirements.--In order to ensure adequate
        provider participation in the plan under this title and to
        ensure that individuals covered by the plan have access to oral
        health care services to the same extent as such services are
        available to the population of the State, subject to paragraph
        (3), in the case of a State that obtains the Secretary's
        approval for its plan under this title to incorporate, and to
        implement, the requirements specified in paragraph (2),
        notwithstanding section 1905(b), the Federal medical assistance
        percentage applied under the plan with respect to expenditures
        for dental and oral health services for individuals covered
        under the plan shall be increased by 25 percentage points, but
        not to exceed 90 percent, at the time the approved plan is
        implemented.
            ``(2) Provider participation and access requirements.--The
        requirements specified in this paragraph for a State are that
        the State provides the Secretary with assurances regarding each
        of the following:
                    ``(A) Individuals covered by the State plan have
                access to oral health care services to the same extent
                as such services are available to the population of the
                State.
                    ``(B) Payment for dental services for individuals
                covered by the State plan is made at levels consistent
                with market-based rates.
                    ``(C) No fewer than 35 percent of the practicing
                dentists (including a reasonable mix of general
                dentists, pediatric dentists, and oral and
                maxillofacial surgeons) in the State participate
                (whether directly or through a plan providing dental
                services) under the State plan and there is reasonable
                distribution of such dentists serving the covered
                population.
                    ``(D) Administrative barriers under this title are
                addressed to facilitate such provider participation,
                including improving eligibility verification, ensuring
                that any licensed dentist may participate in a publicly
                funded plan without also having to participate in any
                other plan, simplifying claims forms processing,
                assigning a single plan administrator for the dental
                program, and employing case managers to reduce the
                number of missed appointments.
                    ``(E) Demand for services barriers under this title
                is addressed, such as educating caregivers regarding
                the need to seek dental services and addressing oral
                health care literacy issues.
            ``(3) 3-year review.--Beginning 3 years after the date of
        the enactment of this section and every 3 years thereafter the
        Secretary shall evaluate the impact of the increase in the
        Federal medical assistance percentage under this subsection on
        the rate of participation of dentists and the use of dental
        services under the State plan. If the Secretary determines that
        the increase in such percentage has not resulted in a
        commensurate increase in such participation and use rate, as
        determined in consultation with the State involved, paragraph
        (1) shall no longer apply in such State.''
    (b) Effective Date.--The amendment made by this section shall apply
to expenditures in calendar quarters beginning on or after October 1,
2009.

Summary: Essential Oral Health Care Act of 2009 - Amends title V of the Social Security Act (SSA) to direct the Secretary of Health and Human Services to award grants to eligible entities to purchase portable or mobile dental equipment and to pay for appropriate operational costs, including direct health care or service delivery costs, for the provision of free dental services to underserved populations that are delivered in a manner consistent with state licensing laws. Amends SSA title XIX (Medicaid) to increase the federal medical assistance percentage (FMAP) for states implementing equal access requirements that ensure that individuals enrolled in the state Medicaid plan have access to oral health care services to the same extent as such services are available to the population of the state.

To amend titles V and XIX of the Social Security Act to improve essential oral health care for lower-income individuals under the Maternal and Child Health Program and the Medicaid Program.


SECTION 1. EXCISE TAX ON GROSS RECEIPTS DERIVED FROM CRUISES.

    (a) In General.--Subchapter B of chapter 36 of the Internal Revenue
Code of 1986 is amended by inserting after section 4472 the following:

                       ``PART II--AD VALOREM TAX

``Sec. 4476. Imposition of tax.
``Sec. 4477. Definitions.

``SEC. 4476. IMPOSITION OF TAX.

    ``(a) In General.--In addition to any other tax, there is hereby
imposed a tax of 5 percent of the allocable amount with respect to any
covered passenger cruise.
    ``(b) By Whom Paid.--The tax imposed by this section shall be paid
by the person providing the covered passenger cruise.

``SEC. 4477. DEFINITIONS.

    ``For purposes of this section--
            ``(1) Covered passenger cruise.--
                    ``(A) In general.--The term `covered passenger
                cruise' means a voyage of a commercial passenger cruise
                vessel--
                            ``(i) that extends over 1 or more nights,
                        and
                            ``(ii) during which passengers embark or
                        disembark the vessel in the United States.
                    ``(B) Exceptions for certain voyages.--Such term
                shall not include any voyage--
                            ``(i) on any vessel owned or operated by
                        the United States, a State, or any subdivision
                        thereof,
                            ``(ii) which occurs exclusively on the
                        inland waterways of the United States, or
                            ``(iii) in which a vessel in the usual
                        course of employment proceeds, without an
                        intervening foreign port of call from one port
                        or place in the United States to the same port
                        or place or to another port or place in the
                        United States.
            ``(2) Passenger cruise vessel.--
                    ``(A) In general.--The term `passenger cruise
                vessel' means any passenger vessel--
                            ``(i) having berth or stateroom
                        accommodations for at least 250 passengers, and
                            ``(ii) that is used in the business of
                        carrying passengers for hire.
                    ``(B) Exceptions.--Such term shall not include any
                ferry, recreational vessel, sailing school vessel,
                small passenger vessel, offshore supply vessel, or any
                other vessel determined under regulations by the
                Secretary to be excluded from the application of this
                part.
                    ``(C) Definitions.--Any term used in this section
                which is used in chapter 21 of title 46, United States
                Code, shall have the meaning given such term under
                section 2101 of such title.
            ``(3) Allocable amount.--The term `allocable amount'
        means--
                    ``(A) in the case in which a majority of the
                passengers on any covered passenger cruise embark or
                disembark in the United States, 100 percent of the
                gross receipts attributable to such covered passenger
                cruise, and
                    ``(B) in any other case, 50 percent of the gross
                receipts attributable to such covered passenger cruise.
            ``(4) United states.--The term `United States' includes any
        possession of the United States.''.
    (b) Conforming Amendment.--Subchapter B of chapter 36 of the
Internal Revenue Code of 1986 is amended by striking all preceding
section 4471 and inserting the following:

                ``Subchapter B--Transportation by Water

                      ``Part I--Per Passenger Tax

                       ``Part II--Ad Valorem Tax

                      ``PART I--PER PASSENGER TAX

``Sec. 4471. Imposition of tax.
``Sec. 4472. Definitions.''.
    (c) Effective Date.--The amendments made by this section shall
apply to voyages made after the date of the enactment of this Act.

SEC. 2. INTERMODAL INFRASTRUCTURE TRUST FUND.

    (a) In General.--Subchapter A of Chapter 98 of the Internal Revenue
Code of 1986 is amended by adding at the end the following new section:

``SEC. 9512. INTERMODAL INFRASTRUCTURE TRUST FUND.

    ``(a) Creation of Trust Fund.--There is hereby established in the
Treasury of the United States a trust fund to be known as the
`Intermodal Infrastructure Trust Fund', consisting of such amounts as
may be appropriated or credited to the Intermodal Infrastructure Trust
Fund in this section or section 9602(b).
    ``(b) Transfers to Intermodal Infrastructure Trust Fund.--There are
hereby appropriated to the Intermodal Infrastructure Trust Fund amounts
equivalent to the taxes received in the Treasury under section 4471.
    ``(c) Expenditures From Intermodal Infrastructure Trust Fund.--
Amounts in the Intermodal Infrastructure Trust Fund shall be available,
as provided in appropriations Acts, for transportation improvement,
including--
            ``(1) the construction or improvement of--
                    ``(A) passenger or freight rail lines,
                    ``(B) highways,
                    ``(C) bridges,
                    ``(D) airports,
                    ``(E) air traffic control systems,
                    ``(F) port or marine facilities,
                    ``(G) inland waterways,
                    ``(H) transmission or distribution pipelines,
                    ``(I) public transportation facilities or systems,
                    ``(J) intercity passenger bus or passenger rail
                facilities or equipment, and
                    ``(K) freight rail facilities or equipment, and
            ``(2) planning, preparation, or design of any project
        described in paragraph (1).''.
    (b) Clerical Amendment.--The table of sections for subchapter A of
Chapter 98 of such Code is amended by adding at the end the following
new item:

``Sec. 9512. Intermodal Infrastructure Trust Fund.''.

Summary: Amends the Internal Revenue Code to impose a 5 excise tax on persons providing a covered passenger cruise. Defines quot, covered passenger cruisequot. As a voyage of a commercial passenger cruise vessel that extends over one or more nights and during which passengers embark and disembark the vessel in the United States. Defines quot, passenger cruise vesselquot. As any passenger vessel having berth or stateroom accommodations for at least 250 passengers and that is used in the business of carrying passengers for hire. Establishes in the Treasury the Intermodal Infrastructure Trust Fund to be funded by the per passenger excise tax. Allows expenditures from such Fund for specified transportation improvements.

A bill to amend the Internal Revenue Code of 1986 to impose an ad valorem excise tax on certain passenger cruise voyages, and for other purposes.


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

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

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

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

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

A bill to provide regulatory oversight over energy trading markets and metals trading markets, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Medicare HMO Protection Act of
1998''.

SEC. 2. AUTHORITY TO EVALUATE AND ALTER TERMINATION DECISIONS.

    Section 1851(g)(3) of the Social Security Act (42 U.S.C. 1395w-
21(g)(3)) is amended by adding at the end the following:
                    ``(E) Authority to delay termination date.--
                            ``(i) In general.--If a Medicare+Choice
                        organization terminates a plan under
                        subparagraph (B)(iii), the Secretary may delay
                        the effectiveness of such termination if the
                        Secretary determines that--
                                    ``(I) the termination would cause
                                an imminent and serious risk to the
                                health of individuals enrolled under
                                the plan under this part;
                                    ``(II) the termination would result
                                in a significant reduction in the
                                Medicare+Choice plans that are
                                available in the area affected by the
                                termination; or
                                    ``(III) the organization
                                terminating coverage is offering
                                Medicare+Choice plans in contract areas
                                that are in close proximity to the area
                                affected by the termination without
                                suffering considerable financial
                                losses.
                        In making the determination described in
                        subclause (III), the Secretary may audit and
                        inspect any books or records of the
                        organization pursuant to the authority provided
                        to the Secretary under section 1857(d).
                            ``(ii) End of delay.--The Secretary may end
                        a delay under clause (i), prior to the end of
                        the period established by the Secretary under
                        such clause, if the Secretary determines that
                        an adequate provider network has been
                        established which will provide at least an
                        equal level of insurance coverage as existed in
                        the area affected by the termination on the
                        date the Medicare+Choice organization informed
                        the Secretary of its intention to terminate the
                        contract.
                    ``(F) Authority to renegotiate contract.--If the
                Secretary delays the effectiveness of a termination for
                a period pursuant to subparagraph (E), the Secretary
                and the Medicare+Choice organization terminating
                coverage pursuant to subparagraph (B)(iii) may
                negotiate during such period for a new contract under
                section 1857 which will enable such organization to
                continue such coverage. In negotiating such contract,
                the Secretary shall ensure that beneficiaries are not
                adversely affected by such contract.''.

SEC. 3. EXTENSION OF INITIAL MEDICARE+CHOICE CONTRACT PERIOD TO 3
              YEARS.

    (a) In General.--Section 1857(c)(1) of the Social Security Act (42
U.S.C. 1395w-27(c)(1)) is amended by striking ``a term of at least 1
year'' and inserting ``a term of at least 3 years''.
    (b) Effective Date.--The amendment made by subsection (a) applies
to contracts entered into on or after the date of enactment of this
Act.

SEC. 4. NOTICE OF TERMINATION.

    (a) In General.--Section 1857(d)(3) of the Social Security Act (42
U.S.C. 1395w-27(d)(3)) is amended to read as follows:
            ``(3) Enrollee notice at time of termination.--
                    ``(A) In general.--Each contract under this section
                shall require the organization to provide (and pay for)
                written notice at least 120 days prior to the
                contract's termination, as well as a description of
                alternatives for obtaining benefits under this title,
                to each individual enrolled with the organization under
                this part.
                    ``(B) Description.--The description of alternatives
                referred to in subparagraph (A) shall include a
                description of--
                            ``(i) all Medicare+Choice plans and
                        medicare supplemental policies available in the
                        area where the contract that is being
                        terminated is serving beneficiaries and the
                        costs of such plans and policies; and
                            ``(ii) the telephone number of local social
                        service agencies providing assistance to
                        medicare beneficiaries in such area.''.
    (b) Effective Date.--The amendment made by subsection (a) applies
to any notice of termination which is provided on or after the date of
enactment of this Act.

Summary: Medicare HMO Protection Act of 1998 - Amends part C (MedicareChoice) of title XVIII (Medicare) of the Social Security Act to authorize the Secretary of Health and Human Services to delay the effectiveness of a MedicareChoice organization's termination of its plan with respect to all individuals in an area, if: (1) the termination would cause an imminent and serious health risk to enrollees. (2) the termination would result in a significant reduction in the MedicareChoice plans available in the area affected. Or (3) the organization terminating coverage is offering MedicareChoice plans in contract areas close to the area affected without suffering considerable financial losses. Amends Medicare part C with regard to contracts with MedicareChoice organizations to provide for extension of the initial MedicareChoice contract period from one year to three years and to revise certain requirements for notification of enrollees at the time of contract termination.

Medicare HMO Protection Act of 1998


SECTION 1. SHORT TITLE.

     This Act may be cited as the ``Student Medical Access Raising Test
Scores Health Act'', or the ``SMARTS Health Act''.

SEC. 2. FINDINGS.

     The Congress finds as follows:
            (1) The Journal of the American Medical Association reports
        that protecting children's health requires two key elements,
        which are (A) that a caring adult is engaged in the life of the
        child, and (B) that there is a connection between the child and
        his or her school.
            (2) Schools offer the most natural community setting in
        which individuals live, work, and play. Schools are a respected
        element of community infrastructure and are recognized as the
        most valuable element in creating connection and support for
        children, families, and communities.
            (3) Primary care and behavioral health services are among
        the most important elements of a comprehensive approach to
        promoting health and education and preventing illness in
        children and youth.
            (4) School safety and violence prevention are critical to
        the well-being of each student, and early intervention and
        mental health care significantly reduce school discipline
        problems.
            (5) Good health is a prerequisite for optimal learning, and
        schools can help students achieve academic success by
        participating in efforts that promote good health, including
        access to regular medical and mental health care.
            (6) Children are experiencing increasing rates of
        behavioral and physical illness, such as attention deficit
        hyperactivity disorder (ADHD) and asthma and diabetes, and are
        experiencing increasing rates of obesity that portend
        increasing rates of diabetes, heart disease, and cancer later
        in life.
            (7) In order to be effective, new strategies for prevention
        must be built on community-based, community-designed, and
        community-implemented strategies.
            (8) Effective behavioral and physical health services can
        be provided in a school-based setting in such a way as to
        prevent later disease.
            (9) Schools are ideal settings in which to provide care for
        children, especially those who would otherwise have inadequate
        access to health services. Limited access contributes directly
        to the growing rates of disease among children. Prevention
        strategies should be joined with treatment to develop an
        understanding of what types of prevention can reduce rates of
        illness, and therefore the need for treatment. Higher rates of
        disease, even with adequate access to health services, portend
        loss of vitality and higher complications from disease.
            (10) School-based health programs should focus on improving
        behavioral and physical health, including with respect to
        obesity.
            (11) By reducing the incidence of disease, effective
        community-based prevention programs (whether through school-
        based approaches or otherwise) result in significant savings to
        the Federal Government and to the States by reducing
        expenditures in Federal and State health services programs.
        Such savings should be dedicated to further prevention efforts,
        which in turn will result in further savings. Savings that
        result from prevention programs should not be redirected to
        unrelated purposes, and prevention programs that achieve
        savings should not be penalized by having their funding levels
        reduced.

SEC. 3. DEMONSTRATION GRANTS FOR EXPANSION OF SCHOOL-BASED HEALTH
              PROGRAMS.

    (a) In General.--
            (1) Program of grants.--The Secretary of Health and Human
        Services may make demonstration grants to eligible entities for
        the purpose of expanding school-based health programs that are
operated by such entities.
            (2) Consultation.--The Secretary shall coordinate the
        program under this section with the program under title XIX of
        the Social Security Act (relating to Medicaid); the program
        under title XXI of such Act (relating to the State children's
        health insurance program); programs of the Substance Abuse and
        Mental Health Services Administration; programs of the Health
        Resources and Services Administration; programs of the Centers
        for Disease Control and Prevention; programs of the Agency for
        Healthcare Research and Quality; programs of the National
        Institutes of Health; and the National Center on Minority
        Health and Health Disparities.
    (b) Eligible Entities.--An entity is an eligible entity for
purposes of this Act if--
            (1) the entity is a public or nonprofit private institution
        of higher education or a local educational agency;
            (2) the entity operates a school-based health program;
            (3) the health services provided by such program include
        preventive health services and behavioral health services,
        including with respect to nutrition, physical activity, and
        otherwise preventing or treating obesity; and
            (4) such program is carried out in coordination with public
        and nonprofit private entities in the community involved that
        provide health, education, or social services to children.
    (c) Certain Programs.--Grants under subsection (a) shall be made
only to the following entities (subject to the submission of an
application in accordance with subsection (d) demonstrating status as
an eligible entity), and for the following purposes:
            (1) To the University of Maryland for expanding the school-
        based health program operated by such University in the
        vicinity of Baltimore, in the State of Maryland.
            (2) To the local educational agency that operates a school-
        based health program in an independent school district in the
        vicinity of Dallas, in the State of Texas, for expanding such
        program.
            (3) To the University of New Mexico for expanding the
        school-based health program operated by such University in the
        State of New Mexico.
            (4) To the University of California, Los Angeles, for
        expanding the school-based health program operated by such
        University in the vicinity of Los Angeles, in the State of
        California.
            (5) To the Child Study Center Outpatient Clinic, Yale
        University, for expanding the school-based health program
        operated by such Center in the vicinity of New Haven, in the
        State of Connecticut.
            (6) To the University of Illinois at Chicago, for expanding
        the school-based health program operated by such University in
        the vicinity of Chicago, in the State of Illinois.
    (d) Application for Grant.--A grant may be made under subsection
(a) only if an application for the grant is submitted to the Secretary
and the application is in such form, is made in such manner, and
contains such agreements, assurances, and information as the secretary
determines to be necessary to carry out this section.
    (e) Outcome Goals.--In making a grant under subsection (a) for a
school-based health program, the Secretary shall establish goals for
the program in terms of health outcomes for the children served by the
program. Such goals shall be based on the objectives established by the
Secretary as part of the initiative known as Healthy People 2010, or on
other measures determined by the Secretary to be appropriate.
    (f) Evaluations; Report.--
            (1) Evaluations.--The Secretary, directly or through grants
        or contracts, shall provide for evaluations of the school-based
        programs for which grants under subsection (a) are made. Such
        evaluations shall determine whether the programs have met the
        applicable goals under subsection (e), and shall determine the
        extent to which the programs have increased the access of the
        children involved to health services, have enhanced the overall
        health status of the children, and have reduced disease rates.
            (2) Report.--Not later than December 31, 2004, the
        Secretary shall submit to the Congress a report that describes
        the findings made through evaluations under paragraph (1) and
        that provides the recommendations of the Secretary for a
        comprehensive national program to provide grants for the
        establishment and operation of school-based health programs,
        including a recommendation on the amount of funds that should
        be made available for the comprehensive national program,
        taking into account the savings that can be achieved in Federal
        and State health services programs by reducing the incidence of
        disease in the populations served by the program.
    (g) Definitions.--
            (1) The term ``institution of higher education'' has the
        meaning given such term in section 101(a) of the Higher
        Education Act of 1965.
            (2) The term ``local educational agency'' has the meaning
        given such term in section 9101(26) of the Elementary and
        Secondary Education Act of 1965.
            (3) The term ``Secretary'' means the Secretary of Health
        and Human Services.
    (h) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated such sums as
may be necessary for each of the fiscal years 2003 through 2008.

Summary: Student Medical Access Raising Test Scores Health Act - SMARTS Health Act - Authorizes the Secretary of Health and Human Services to make demonstration grants to expand school-based health programs. Directs the Secretary to coordinate such grants program with other specified health programs. Limits the making of such grants to the following eligible entities, for expansion of the following school-based health programs: (1) the University of Maryland, for its program in the Baltimore, Maryland, vicinity. (2) the local educational agency for its program in an independent school district in the Dallas, Texas, vicinity. (3) the University of New Mexico for its program in New Mexico. (4) the University of California, Los Angeles, for its program in the Los Angeles, California, vicinity. (5) the Child Study Center Outpatient Clinic, Yale University, for its program in the New Haven, Connecticut, vicinity. And (6) the University of Illinois at Chicago, for its program in the Chicago, Illinois, vicinity. Directs the Secretary, in making such a grant, to establish goals for the program in terms of health outcomes for the children served.

To authorize the Secretary of Health and Human Services to make demonstration grants to promote the well-being and educational achievement of children through school-based health programs.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Fallen Timbers Battlefield and Fort
Miamis National Historical Site Act''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds the following:
            (1) The 185-acre Fallen Timbers Battlefield is the site of
        the 1794 battle between the United States Army, led by General
        Anthony Wayne, and the confederation of Native American tribes
        led by the great Chief Tecumseh.
            (2) British troops, led by General Henry Proctor, landed at
        Fort Miamis in the spring of 1813 and attacked the fort twice,
        without success.
            (3) Fort Miamis and the Fallen Timbers Battlefield are in
        Lucas County, Ohio, in the city of Maumee.
            (4) The 9-acre Fallen Timbers Battlefield Monument is
        listed as a National Historic Landmark.
            (5) Fort Miamis is listed in the National Register of
        Historic Places as a historic site.
            (6) In 1959, the Battle of Fallen Timbers was included in
        the National Survey of Historic Sites and Buildings as 1 of 22
        sites representing the ``Advance of the Frontier, 1763-1830''.
            (7) In 1960, the Battle of Fallen Timbers was designated as
        a National Historic Landmark.
    (b) Purposes.--The purposes of this Act are the following:
            (1) To recognize and preserve the 185-acre Fallen Timbers
        Battlefield site.
            (2) To formalize the linkage of the Fallen Timbers
        Battlefield and Monument to Fort Miamis.
            (3) To preserve and interpret United States military
        history and Native American culture in the Northwest Territory
        during the period from 1794 through 1813.
            (4) To provide assistance to the State of Ohio, political
        subdivisions of the State, and nonprofit organizations in the
        State, in implementing a management plan that will preserve and
        interpret the historical, cultural, natural, recreational, and
        scenic resources of the historical site.
            (5) To authorize the Secretary to provide technical
        assistance to the State of Ohio, political subdivisions of the
        State, and nonprofit organizations in the State (including the
        Ohio Historical Society, the city of Maumee, the Maumee Valley
        Heritage Corridor, the city of Toledo, the Fallen Timbers
        Battlefield Preservation Commission, and the Metropark District
        of the Toledo Area) in developing the management plan.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Historical site.--The term ``historical site'' means
        the Fallen Timbers Battlefield and Monument and Fort Miamis
        National Historical Site established by section 4.
            (2) Management entity.--The term ``management entity''
        means--
                    (A) the Ohio Historical Society, the city of
                Maumee, the Maumee Valley Heritage Corridor, Inc., the
                city of Toledo, the Metropark District of the Toledo
                Area, and
                    (B) any other entity designated by the Governor of
                Ohio and approved by the Secretary in accordance with
                section 5, as a member of the management entity;
        acting jointly.
            (3) Management plan.--The term ``management plan'' means a
        plan for management of the historical site, that is developed
by the management entity and approved by the Secretary in accordance
with section 7.
            (4) Secretary.--The term ``Secretary'' means the Secretary
        of the Interior.
            (5) Technical assistance.--The term ``technical
        assistance'' means any guidance, advice, or other aid, other
        than financial assistance, provided by the Secretary.

SEC. 4. FALLEN TIMBERS BATTLEFIELD AND FORT MIAMIS NATIONAL HISTORICAL
              SITE.

    (a) Establishment.--There is established in the State of Ohio the
Fallen Timbers Battlefield and Fort Miamis National Historical Site.
    (b) Components.--
            (1) In general.--The historical site is comprised of the
        following:
                    (A) The Fallen Timbers site, comprised generally of
                the following:
                            (i) The Fallen Timbers battlefield site,
                        consisting of an approximately 185-acre parcel
                        located north of U.S. 24, west of U.S. 23/I-
                        475, south of the Norfolk and Western Railroad
                        line, and east of Jerome Road.
                            (ii) The approximately 9-acre Fallen
                        Timbers battlefield monument, located south of
                        U.S. 24.
                    (B) The Fort Miamis Park site.
            (2) Map.--The management entity shall prepare a map of the
        historical site, which shall be on file and available for
public inspection in the offices of the management entity.
            (3) Consent of local property owners.--No privately owned
        property shall be included within the boundaries of the
        historical site unless the owner of the property consents to
        the inclusion.

SEC. 5. COMPLETION OF COMPOSITION OF MANAGEMENT ENTITY.

    Not later than 60 days after the date of the enactment of this Act,
the Governor of Ohio may designate any entity for purposes of section
3(2)(A) and transmit that designation to the Secretary. The Secretary
shall approve or disapprove any entity designated by the Governor by
not later than 60 days after the date of that transmittal.

SEC. 6. WITHDRAWAL OF DESIGNATION.

    (a) In General.--The historical site shall remain a National
historical site unless--
            (1) the Secretary determines that--
                    (A) the use, condition, or development of the
                historical site is incompatible with the purposes of
                this Act; or
                    (B) the management entity has not made reasonable
                and appropriate progress in preparing or implementing
                the management plan for the historical site; and
            (2) after making a determination under paragraph (1), the
        Secretary submits to the Congress notification that
        establishment of the historical site should be withdrawn.
    (b) Public Hearing.--Before the Secretary makes a determination
under subsection (a)(1), the Secretary shall hold a public hearing in
the historical site.
    (c) Time of Withdrawal of Designation.--
            (1) Definition of legislative day.--In this subsection, the
        term ``legislative day'' means any calendar day on which both
        Houses of Congress are in session.
            (2) Time period.--The withdrawal of the historical site
        designation shall become final 90 legislative days after the
        Secretary submits to Congress the notification under subsection
        (a)(2).

SEC. 7. APPROVAL OF MANAGEMENT PLAN; CONSISTENCY OF FEDERAL ACTIONS.

    (a) Approval.--
            (1) In general.--The management entity shall submit any
        proposed management plan to the Governor of the State of Ohio.
        Within 60 days after receiving the proposed management plan,
        the Governor shall transmit to the Secretary the proposed plan
        and any recommendations of the Governor regarding the proposed
        plan. Within 30 days after receiving the proposed management
        plan, the Secretary shall approve the proposed plan or return
        it to the Governor with any changes recommended by the
        Secretary.
            (2) Role of secretary.--The Secretary may not approve a
        proposed management plan unless it includes provisions which
        describe the role of the Secretary in implementing the plan.
            (3) Assistance.--The Secretary shall assist the management
        entity in the preparation of the management plan.
    (b) Ensuring Consistency of Other Federal Actions.--Any Federal
agency conducting an activity directly affecting the historical site
shall consider the potential effect of the activity on the management
plan and shall consult with the management entity with respect to the
activity to minimize the adverse effects of the activity on the
historical site.

SEC. 8. NO EFFECT ON LAND USE REGULATION AND PRIVATE PROPERTY.

    (a) No Effect on Authority of Governments.--Nothing in this Act
modifies, enlarges, or diminishes the authority of any Federal
department or agency to regulate the use of land.
    (b) No Zoning or Land Use Powers.--Nothing in this Act--
            (1) grants any power of zoning or land use control to the
        management entity; or
            (2) modifies, enlarges, or diminishes any existing
        authority to regulate land use by any State or local government
        entity which is a member of the management entity.
    (c) No Effect on Local Authority or Private Property.--Nothing in
this Act affects or authorizes the management entity to interfere
with--
            (1) the rights of any person with respect to private
        property; or
            (2) any local zoning ordinance or land use plan of the
        State of Ohio or a political subdivision of the State.

SEC. 9. FISHING, TRAPPING, AND HUNTING.

    (a) No Diminishment of State Authority.--Establishment of the
historical site does not diminish the authority of the State of Ohio to
manage fish and wildlife, including the regulation of fishing, hunting,
and trapping in the historical site.
    (b) No Conditioning of Approval and Assistance.--Neither the
Secretary nor any other Federal agency may make a limitation on
fishing, hunting, or trapping--
            (1) a condition of the determination of eligibility for
        assistance under this Act; or
            (2) a condition for the receipt, in connection with the
        historical site, of any other form of assistance from the
        Secretary or the agency, respectively.

Summary: Fallen Timbers Battlefield and Fort Miamis National Historical Site Act - Establishes the Fallen Timbers Battlefield and Fort Miamis National Historical Site in Ohio. Authorizes the Governor of Ohio to designate, from a specified list of candidates, a management entity which shall draw up a management plan for approval by the Secretary of the Interior. Prohibits the Secretary or any other Federal agency from making a limitation on fishing, hunting, or trapping a condition of the determination of eligibility for, or receipt of, assistance under this Act.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Land Exchange Improvement
Act of 1995''.

SEC. 2. LANDS ELIGIBLE FOR APPROXIMATELY EQUAL VALUE TREATMENT.

    Section 206(h)(1)(A) of the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1716(h)(1)(A)) is amended by striking out
``$150,000'' and inserting in lieu thereof ``$500,000, adjusted
annually on a fiscal year basis commencing in fiscal year 1997 by the
average change over the previous fiscal year of the Consumer Price
Index (all items--United States city average) published monthly by the
Bureau of Labor Statistics''.

SEC. 3. USE OF FUNDS.

    Section 206(b) of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1716) is amended--
            (1) by inserting ``(1)'' after ``(b)''; and
            (2) by adding at the end the following:
    ``(2)(A) Amounts received by the Secretary concerned under
paragraph (1) shall be deposited in a special fund in the Treasury of
the United States, subject to subparagraph (B). Such amounts shall,
subject to the availability of appropriations, be available to the
Secretary concerned for processing land exchanges.
    ``(B) Amounts in the fund referred to in subparagraph (A) may not
exceed $12,000,000 at any time. Amounts received by the Secretary
concerned under this section which, but for this subparagraph, would be
added to such fund shall instead be covered over into the Treasury of
the United States as miscellaneous receipts.''.

SEC. 4. EXCHANGE PROCESSING.

    Section 206(b) of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1716), as amended by section 3, is further amended by
adding at the end the following paragraph:
            ``(3)(A)(i) An environmental assessment shall be the
        document prepared for any exchange under this Act pursuant to
        section 102(2) of the National Environmental Policy Act of 1969
        (42 U.S.C. 4332(2)).
            ``(ii) Any conferencing or consultation required for an
        exchange under this Act pursuant to section 7(a) of the
        Endangered Species Act of 1973 (16 U.S.C. 1536(a)) shall be
        completed within 45 days after the date on which the
        conferencing or consultation is initiated.
            ``(iii) After completion of an exchange under this Act, no
        action may be taken on the non-Federal land acquired in an
        exchange until the Secretary concerned has complied with
        section 102(2) of the National Environmental Policy Act of 1969
        and section 7(a) of the Endangered Species Act of 1973
        concerning such action, and any necessary amendment to the land
        management plan applicable to such land and such action.
            ``(B) The Secretary shall complete processing, and make a
        final decision, on any exchange under this Act within one year
        from the date of submission of the application for the
        exchange.
            ``(C) The non-Federal land to be included in any exchange
        under this Act shall be valued without the application of any
        Federal or State restriction concerning an environmental value
        or resource the protection of which is considered by the
        Secretary concerned as a public benefit to be obtained by the
        exchange.''.

SEC. 5. MINOR BOUNDARY ADJUSTMENTS.

    Section 206 of the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1716) is amended by adding at the end thereof the following:
    ``(j) Notwithstanding the other provisions of this Act and other
applicable laws which require that exchanges of land or interests
therein be for equal or approximately equal value, the Secretary
concerned may dispose of lands by exchange to make such minor
adjustments to the boundary of a unit of the public lands or the
National Forest System as may be necessary to reflect actual conditions
in the unit which are not of comparable character to the unit. In
making such adjustments, the amount of land added to the unit may not
exceed the amount of land removed from the unit.''.

SEC. 6. REMOVAL ON RESTRICTION ON EXCHANGE OF OREGON AND CALIFORNIA
              RAILROAD GRANT LANDS ADMINISTERED BY THE SECRETARY OF
              AGRICULTURE.

    Subsection (a) of the first section of the Act entitled ``An Act
relating to the administrative jurisdiction of certain public lands in
the State of Oregon, and for other purposes'', approved June 24, 1954
(43 U.S.C. 1181g(a)), is amended by striking out the last sentence.

SEC. 7. AMENDMENT TO SISK ACT RELATING TO PRIOR USE OF LANDS TO BE
              CONVEYED.

    The first section of the Act entitled ``An Act to facilitate
exchanges of land under the Act of March 20, 1922(42 Stat. 465), for
use for public schools, and for other purposes'', approved December 4,
1967 (16 U.S.C. 484a), is amended by striking out ``on the date of
enactment of this sentence'' and inserting in lieu thereof ``for the
five-year period ending on the date of conveyance''.

SEC. 8. WAIVER OF PUBLIC USE REQUIREMENT FOR LANDS UNDER BANKHEAD-JONES
              FARM TENANT ACT.

    The Bankhead-Jones Farm Tenant Act is amended in section 32(c) (7
U.S.C. 1011(c)) by adding at the end the following: ``The Secretary may
waive the requirements of this paragraph that lands be sold, exchanged,
or granted only to public authorities and agencies and only on
condition that the property is used for public purposes after the
Secretary consults with the head of any other Federal agency that has a
property interest in the lands, such as a federally-owned building or
other improvements.''.

Summary: Federal Land Exchange Improvement Act of 1995 - Amends the Federal Land Policy and Management Act of 1976 to increase the value of public land available for approximately equal value exchanges out of Federal ownership. Requires: (1) funds received by the Secretary of Agriculture or the Secretary of the Interior to be deposited in a special land exchange Treasury fund, subject to a monetary ceiling. And (2) certain environmental and endangered species related activities as part of the exchange process. Exempts public or National Forest System lands minor boundary adjustment exchanges from equal value requirements. Amends Federal law to eliminate the exchange restriction on Oregon and California railroad grant lands. Amends Federal law to permit National Forest land exchanges for public school purposes only if the land was in use during the five-year period ending on the date of conveyance. Amends the Bankhead-Jones Farm Tenant Act to waive the public use requirement for exchanges under such Act.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Voter Eligibility Verification
Act''.

SEC. 2. VOTER ELIGIBILITY CONFIRMATION SYSTEM.

    (a) In General.--Title IV of the Immigration and Nationality Act (8
U.S.C. 1101, note) is amended by inserting after the chapter heading
for chapter 1 the following:

                ``voter eligibility confirmation system

    ``Sec. 401. (a) In General.--The Attorney General, in consultation
with the Commissioner of Social Security, shall establish a
confirmation system through which they--
            ``(1) respond to inquiries made to verify the citizenship
        of an individual who has submitted a voter registration
        application, by Federal, State, and local officials (including
        voting registrars) with responsibility for determining an
        individual's qualification to vote in a Federal, State, or
        local election; and
            ``(2) maintain a record of the inquiries that were made and
        of verifications provided (or not provided).
    ``(b) Initial Response.--The confirmation system shall provide for
a confirmation or a tentative nonconfirmation of an individual's
citizenship by the Commissioner of Social Security as soon as
practicable after an initial inquiry to the Commissioner.
    ``(c) Secondary Verification Process in Case of Tentative
Nonconfirmation.--In cases of tentative nonconfirmation, the Attorney
General shall specify, in consultation with the Commissioner of Social
Security and the Commissioner of the Immigration and Naturalization
Service, an available secondary verification process to confirm the
validity of information provided and to provide a final confirmation or
nonconfirmation as soon as practicable after the date of the tentative
nonconfirmation.
    ``(d) Design and Operation of System.--The confirmation system
shall be designed and operated--
            ``(1) to be used on a voluntary basis, as a supplementary
        information source, by Federal, State, and local election
        officials for the purpose of assessing the eligibility of voter
        registration applicants, and administering voter registration,
        through citizenship verification;
            ``(2) to respond to an inquiry concerning citizenship only
        in a case where determining whether an individual is a citizen
        is--
                    ``(A) necessary for determining whether the
                individual is eligible to vote in an election for
                Federal, State, or local office; and
                    ``(B) part of a program or activity to protect the
                integrity of the electoral process that is uniform,
                nondiscriminatory, and in compliance with the Voting
                Rights Act of 1965 (42 U.S.C. 1973 et seq.);
            ``(3) to maximize its reliability and ease of use,
        consistent with insulating and protecting the privacy and
        security of the underlying information;
            ``(4) to permit inquiries to be made to the system through
        a toll-free telephone line or other toll-free electronic media;
            ``(5) to respond to all inquiries made by authorized
        persons and to register all times when the system is not
        responding to inquiries because of a malfunction;
            ``(6) with appropriate administrative, technical, and
        physical safeguards to prevent unauthorized disclosure of
        personal information; and
            ``(7) to have reasonable safeguards against the system's
        resulting in unlawful discriminatory practices based on
        national origin or citizenship status, including the selective
        or unauthorized use of the system.
    ``(e) Responsibilities of the Commissioner of Social Security.--
            ``(1) In general.--As part of the confirmation system, the
        Commissioner of Social Security shall establish a reliable,
        secure method, which compares the name and social security
account number provided in an inquiry against such information
maintained by the Commissioner in order to confirm (or not confirm) the
validity of the information provided regarding an individual whose
identity and citizenship must be confirmed, the correspondence of the
name and number, and whether the individual is a citizen of the United
States. The Commissioner shall not disclose or release social security
information (other than such confirmation or nonconfirmation).
            ``(2) Provision of alien identification number.--In cases
        of tentative nonconfirmation of an individual's citizenship by
        the Commissioner of Social Security after an initial inquiry to
        the Commissioner, the Commissioner, as part of the confirmation
        system, shall provide to the person making the inquiry any
        information the Commissioner maintains regarding an alien
        identification or authorization number for the individual
        established by the Immigration and Naturalization Service. The
        Attorney General, in consultation with the Commissioner, shall
        specify the information to be provided under this paragraph.
    ``(f) Responsibilities of the Commissioner of the Immigration and
Naturalization Service.--As part of the confirmation system, the
Commissioner of the Immigration and Naturalization Service shall
establish a reliable, secure method, which compares the name and alien
identification or authorization number described in subsection (e)(2)
which are provided in an inquiry against such information maintained by
the Commissioner in order to confirm (or not confirm) the validity of
the information provided, the correspondence of the name and number,
and whether the individual is a citizen of the United States.
    ``(g) Updating Information.--The Commissioners of Social Security
and the Immigration and Naturalization Service shall update their
information in a manner that promotes the maximum accuracy and shall
provide a process for the prompt correction of erroneous information,
including instances in which it is brought to their attention in the
secondary verification process described in subsection (c).
    ``(h) Limitation on Use of the Confirmation System and Any Related
Systems.--
            ``(1) In general.--Notwithstanding any other provision of
        law, nothing in this section shall be construed to permit or
        allow any department, bureau, or other agency of the United
        States Government to utilize any information, data base, or
        other records assembled under this section for any other
        purpose other than as provided for under this section.
            ``(2) No national identification card.--Nothing in this
        section shall be construed to authorize, directly or
        indirectly, the issuance or use of national identification
        cards or the establishment of a national identification card.
            ``(3) No new data bases.--Nothing in this section shall be
        construed to authorize, directly or indirectly, the Attorney
        General and the Commissioner of Social Security to create any
        joint computer data base that is not in existence on the date
        of the enactment of the Voter Eligibility Verification Act.
    ``(i) Actions by Voting Officials Unable to Confirm Citizenship.--
            ``(1) In general.--In a case where an official who is
        authorized to receive information through use of the
        confirmation system is unable, after completion of the
        secondary verification process, to confirm the citizenship of
        an individual, the official--
                    ``(A) shall so notify the individual in writing;
                and
                    ``(B) shall inform the individual in writing of the
                individual's right to use--
                            ``(i) the process provided under subsection
                        (g) for the prompt correction of erroneous
                        information in the confirmation system; or
                            ``(ii) any other process for establishing
                        eligibility to vote provided under State or
                        Federal law.
            ``(2) Registration applicants.--In the case of an
        individual who is an applicant for voter registration, and who
        receives a notice from an official under paragraph (1), the
        official may, subject to, and in a manner consistent with,
        State law, reject the application, or provisionally accept the
        application, pending the official's receipt of adequate
        confirmation of the citizenship of the individual.
            ``(3) Voter removal programs.--In the case of an individual
        who is registered to vote, and who receives a notice from an
        official under paragraph (1) in connection with a program to
        remove the names of ineligible voters from an official list of
        eligible voters, the official may, subject to, and in a manner
        consistent with, State law, remove the name of the individual
        from the list, or grant the individual provisional voting
        status, pending the official's receipt of adequate confirmation
        of the citizenship of the individual.''.
          (b) Clerical Amendment.--The table of contents of the
Immigration and Nationality Act is amended by inserting before the item
relating to section 402 the following:

``Sec. 401. Voter eligibility confirmation system .''.

SEC. 3. PERMITTING STATES TO REQUIRE APPLICANTS REGISTERING TO VOTE TO
              PROVIDE SOCIAL SECURITY NUMBER.

    Clauses (i) and (vi) of section 205(c)(2)(C) of the Social Security
Act (42 U.S.C. 405(c)(2)(C)) are amended by inserting ``voter
registration,'' after ``driver's license,''.

Summary: Voter Eligibility Verification Pilot Program Act of 1998 - Directs the Attorney General to establish a voter eligibility pilot confirmation program to respond to, and maintain records of, State and local election officials' inquiries to verify a voter registrant's citizenship. Terminates such program on September 30, 2001. Provides for: (1) an initial confirmation or nonconfirmation by the Commissioner of Social Security. And (2) in the case of an initial nonconfirmation, a secondary verification process by the Attorney General. Requires such program to: (1) be voluntary, (2) provide safeguards against discrimination. And (3) be applied, at a minimum, in California, New York, Texas, Florida, and Illinois. Directs the Commissioner of Social Security and the Commissioner of the Immigration and Naturalization Service to develop methods to confirm the reliability of the information provided. Prohibits Federal utilization of program information and related systems for purposes other than those authorized by this Act. Sets forth provisions regarding actions by officials unable to confirm an applicant's citizenship with respect to notification, registration, and ineligible voter removal programs. Authorizes State and local use of social security account numbers for purposes of this Act. Sets forth reporting requirements for the Attorney General and the Commissioner of Social Security. Authorizes appropriations.

Voter Eligibility Verification Act