SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Railroads against Enemy Efforts through Modernization, Planning, and Technology Act''. SEC. 2. RAILROAD TRANSPORTATION SECURITY PLAN. (a) Requirement.-- (1) In general.--The Secretary of Transportation, in consultation with the Under Secretary of Homeland Security for Border and Transportation Security and in accordance with the Memorandum of Understanding executed under section 3, shall develop a plan for the security of the Nation's railroads. The plan shall include-- (A) identification and evaluation of critical railroad assets and infrastructures; (B) identification of threats to those assets and infrastructures; (C) identification of vulnerabilities that are specific to the transportation of hazardous materials via railroad; (D) identification of redundant and backup systems required to ensure the continued operation of critical elements of the railroad system in the event of an attack or other incident, including disruption of commercial electric power or communications networks; (E) identification of security weaknesses in passenger and cargo security, transportation infrastructure, protection systems, procedural policies, communications systems, employee training, emergency response planning, and any other area identified by the plan; (F) a plan for the Federal Government to provide increased security support at high or severe threat levels of alert, developed in consultation with the freight and intercity passenger railroads and State and local governments; (G) procedures for establishing and maintaining permanent and comprehensive consultative relations among the parties described in subsection (b); and (H) a contingency plan, developed in conjunction with freight and intercity and commuter passenger railroads, to ensure the continued movement of freight and passengers in the event of an attack affecting the railroad system, which shall contemplate-- (i) the possibility of rerouting traffic due to the loss of critical infrastructure, such as a bridge, tunnel, yard, or station; and (ii) methods of continuing railroad service in the Northeast Corridor in the event of a commercial power loss, or catastrophe affecting a critical bridge, tunnel, yard, or station. (2) Existing private and public sector efforts.--The plan shall take into account actions taken or planned by both public and private entities to address identified security issues and assess the effective integration of such actions. (3) Recommendations.--The Secretary of Transportation shall develop prioritized recommendations for improving railroad security, including recommendations for-- (A) improving the security of rail tunnels, rail bridges, rail switching and car storage areas, other rail infrastructure and facilities, information systems, and other areas identified by the Secretary as posing significant railroad-related risks to public safety and the movement of interstate commerce, taking into account the impact that any proposed security measure might have on the provision of railroad service; (B) deploying equipment to detect explosives and hazardous chemical, biological, and radioactive substances, and any appropriate countermeasures; (C) installing redundant and backup systems to ensure the continued operation of critical elements of the railroad system in the event of an attack or other incident, including disruption of commercial electric power or communications networks; (D) conducting public outreach campaigns on passenger railroads; (E) deploying surveillance equipment; and (F) identifying the immediate and long-term costs of measures that may be required to address those risks. (b) Consultation.--In developing the plan under subsection (a), the Secretary of Transportation shall consult with rail management, rail labor, owners or lessors of rail cars used to transport hazardous materials, first responders, shippers of hazardous materials, State Departments of Transportation, public safety officials (including those within agencies and offices of the Department of Homeland Security), and other relevant parties. (c) Report.-- (1) Contents.--Not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall transmit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report containing the plan and prioritized recommendations required by subsection (a), along with an estimate of the cost to implement such recommendations. (2) Format.--The Secretary may submit the report in both classified and redacted formats if the Secretary determines that such action is appropriate or necessary. (d) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of Transportation $10,000,000 for fiscal year 2005 for the purpose of carrying out this section. SEC. 3. MEMORANDUM OF UNDERSTANDING. Not later than 180 days after the date of enactment of this Act, the Secretary of Transportation and the Secretary of Homeland Security shall execute a memorandum of understanding governing the roles and responsibilities of the Department of Transportation and the Department of Homeland Security, respectively, in addressing railroad transportation security matters, including the processes the departments will follow to promote communications, efficiency, and nonduplication of effort. SEC. 4. RAILROAD SECURITY UPGRADES. (a) Security Improvement Grants.--The Secretary of Transportation is authorized to make grants to railroads, hazardous materials shippers, owners of rail cars used in the transportation of hazardous materials, universities, colleges, and research centers, and State and local governments (for railroad facilities and infrastructure) for full or partial reimbursement of costs incurred to prevent or respond to acts of terrorism, sabotage, or other railroad security threats, including providing for-- (1) automated security inspection; (2) continued development and pilot deployment of communications-based train control systems; (3) emergency bridge repair and replacement technology and testing; (4) track, structure, and right-of-way integrity monitoring; (5) technologies for reduction of tank car vulnerability; (6) demonstration of bridge and tunnel inspection technologies; (7) establishment of a unified national railroad emergency operations center; (8) signal system security at turnouts; (9) security and redundancy for critical communications, electric power (including traction power), computer, and train control systems essential for secure railroad operations or to continue railroad operations after an attack impacting railroad operations; (10) the security of hazardous material transportation by railroad; (11) secure passenger railroad stations, trains, and infrastructure; (12) public security awareness campaigns for passenger train operations; (13) the sharing of intelligence and information about railroad security threats; (14) train tracking and interoperable communications systems that are coordinated to the maximum extent possible; (15) additional police and security officers, including canine units; and (16) other improvements recommended by the report required by section 2, including infrastructure, facilities, and equipment upgrades. (b) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of Transportation-- (1) $5,000,000 for each of fiscal years 2005 and 2006 for automated security inspection; (2) $20,000,000 for continued development and deployment of communications-based train control systems; (3) $5,000,000 for each of fiscal years 2005 through 2008 for emergency bridge repair and replacement technology and testing; (4) $3,000,000 for fiscal year 2005 for track, structure, and right-of-way integrity monitoring; (5) $3,000,000 for fiscal year 2005 for technologies for reduction of tank car vulnerability; (6) $20,000,000 for demonstration of bridge and tunnel inspection technologies; (7) $10,000,000 for establishment of a unified national railroad emergency operations center; (8) $1,500,000 for each of fiscal years 2005 and 2006 for signal system security at turnouts; and (9) $350,000,000 for fiscal year 2005 to carry out paragraphs (9) through (16) of subsection (a). Amounts appropriated pursuant to this subsection shall remain available until expended. SEC. 5. FIRE AND LIFE-SAFETY IMPROVEMENTS. (a) Life-Safety Needs.--The Secretary of Transportation is authorized to procure fire and life-safety improvements to the tunnels on the Northeast Corridor in New York, New York, Baltimore, Maryland, and Washington, D.C. (b) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of Transportation for the purposes of carrying out subsection (a) the following amounts: (1) For the 6 New York tunnels, to provide ventilation, electrical, and fire safety technology upgrades, emergency communication and lighting systems, and emergency access and egress for passengers-- (A) $100,000,000 for fiscal year 2005; (B) $100,000,000 for fiscal year 2006; (C) $100,000,000 for fiscal year 2007; (D) $100,000,000 for fiscal year 2008; and (E) $170,000,000 for fiscal year 2009. (2) For the Baltimore & Potomac tunnel and the Union tunnel, together, to provide adequate drainage, ventilation, communication, lighting, and passenger egress upgrades-- (A) $10,000,000 for fiscal year 2005; (B) $10,000,000 for fiscal year 2006; (C) $10,000,000 for fiscal year 2007; (D) $10,000,000 for fiscal year 2008; and (E) $17,000,000 for fiscal year 2009. (3) For the Washington, D.C., Union Station tunnels, to improve ventilation, communication, lighting, and passenger egress upgrades-- (A) $8,000,000 for fiscal year 2005; (B) $8,000,000 for fiscal year 2006; (C) $8,000,000 for fiscal year 2007; (D) $8,000,000 for fiscal year 2008; and (E) $8,000,000 for fiscal year 2009. (c) Availability of Appropriated Funds.--Amounts appropriated pursuant to this section shall remain available until expended. SEC. 6. MISCELLANEOUS TECHNICAL AND CONFORMING PROVISIONS. (a) Rail Police Officers.--Section 28101 of title 49, United States Code, is amended by striking ``the rail carrier'' each place it appears and inserting ``any rail carrier''. (b) Review of Rail Regulations.--Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation, in consultation with the Under Secretary of Homeland Security for Border and Transportation Security, shall review existing rail regulations of the Department of Transportation for the purpose of identifying areas in which those regulations need to be revised to improve railroad security. (c) Railroad Security.--Section 20101 of title 49, United States Code, is amended by striking ``safety'' and inserting ``safety, including security,''. (d) Rail Safety Regulations.--Section 20103(a) of title 49, United States Code, is amended by striking ``safety'' the first place it appears, and inserting ``safety, including security,''. (e) Certain Personnel Limitations not to Apply.--Any statutory limitation on the number of employees in the Transportation Security Administration of the Department of Transportation, before or after its transfer to the Department of Homeland Security, does not apply to the extent that any such employees are responsible for implementing the provisions of this Act. SEC. 7. DEFINITION. For purposes of this Act, the term ``railroad'' has the meaning given that term in section 20102 of title 49, United States Code.

Summary: Protecting Railroads against Enemy Efforts through Modernization, Planning, and Technology Act - Directs the Secretary of Transportation, in consultation with the Under Secretary of Homeland Security for Border and Transportation Security, to develop a national railroad transportation security plan that identifies threats and vulnerabilities to the Nation's railroads and provides a plan for increased security. Directs the Secretary to develop prioritized recommendations for improving railroad security, including: (1) the security of rail tunnels and bridges and other rail infrastructure and facilities; (2) deployment of equipment to detect explosives and hazardous chemical, biological, and radioactive substances; (3) installation of redundant and backup systems to ensure continued operation in the event of a terrorist attack; and (4) deployment of surveillance equipment. Authorizes the Secretary to make grants to railroads, hazardous materials shippers, owners of rail cars used in transportation of hazardous materials, universities, colleges, and research centers, and State and local governments for reimbursement of costs incurred to prevent or respond to acts of terrorism, sabotage, or other railroad security threats. Authorizes the Secretary to procure fire and life-safety improvements to the tunnels on the Northeast Corridor in New York, New York, Baltimore, Maryland, and Washington, D.C. Directs the Secretary to review existing Department of Transportation (DOT) rail regulations to identify areas in which those regulations need to be revised to improve railroad security.


SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``National Policies Toward Gambling Review Act of 1995''. (b) Findings.--The Congress finds the following: (1) In 1976, the Commission on the Review of the National Policy Toward Gambling issued its final report to Congress. At the time of the report-- (A) casino gambling was legal in just 1 State, where it was a $1,000,000,000 a year industry; (B) Indian tribal gambling did not exist; (C) State lotteries existed in just 13 States; and (D) the link between gambling and organized crime was the paramount concern of the commission. (2) The gambling industry has grown dramatically in recent years as demonstrated by the following: (A) Casino gambling is legal in well over 20 States and referenda on legalization are being considered in many other States. (B) Casino gambling has become a $30,000,000,000 a year industry. (C) Indian tribal casino gambling accounts for over 15 percent of all casino revenues. (D) State lotteries exist in 36 States. (E) Gambling in some form exists in all but 2 States in the Union. (3) Implementation of the Indian Gaming Regulatory Act in 1988 created a competitive environment between Indian tribes and States to legalize and develop casinos at a swift pace, as evidenced by the current status of casino gambling among recreational activities in the United States. (4) Today, the paramount public policy concern relative to gambling is the impact of the gambling industry itself on communities, States, and the Nation as a whole. (5) Gambling brings with it certain externalities that other industries do not bring. Specifically, the proliferation of the gambling industry raises concerns regarding-- (A) corresponding proliferation of gambling addiction; (B) proliferation in addiction-related crime; (C) proliferation in cross addictions between gambling and alcohol and drugs; (D) decreases in worker productivity at the national level due to excessive gambling; (E) a potentially adverse impact on the health and viability of existing small businesses in communities where gambling is legalized and in communities surrounding Indian reservations where gambling exists; (F) a competitive atmosphere developing between States and Indian tribes, between States and other States, and between States and bordering countries, particularly Canada, to attract the gambling dollar; and (G) dramatic growth in the political influence of gambling advocates in city halls and statehouses across the country, where governments must act as both regulator and profiteer of gambling. (6) There are variations and conflicts in the regulatory structures controlling gambling nation-wide, and in particular between Federal oversight through the Indian Gaming Regulatory Act and State laws. (7) There is no adequate core or body of knowledge at the national level on the impact of gambling proliferation on the United States. (8) Most of the economic impact studies of casino gambling have been sponsored by the gambling industry. (9) Little funding has been made available at the State or Federal level for research into gambling addiction and the socioeconomic cost to the Nation of gambling addiction. (10) Policymakers at the local, State, and Federal levels are in need of sound information and data on the social and economic impact of gambling proliferation on the Nation. SEC. 2. ESTABLISHMENT There is established a commission to be known as the ``Commission on the Review of National Policies Toward Gambling'' (in this Act referred to as the ``Commission''). SEC. 3 DUTIES. (a) In General.--The Commission shall conduct a comprehensive legal and factual study of (1) gambling activities in the United States, (2) the social and economic impact of such gambling activities, and (3) existing Federal, State, and local policy and practices with respect to legal prohibition and taxation of such gambling activities, and in particular the relationship between the Indian Gaming Regulatory Act and State and local laws. The Commission shall formulate and propose such changes in such policies and practices as the Commission may consider appropriate. (b) Requirements.--The study to be conducted under subsection (a) shall, at a minimum, include the following: (1) An examination of the impact of gambling activities on communities nationwide and the Nation as a whole in terms of-- (A) the economic well-being of existing small businesses and jobs; (B) the growth in gambling addiction; (C) the socioeconomic impact of gambling addiction; and (D) the growth in gambling related crime and gambling-addiction related crime, particularly given the proliferation of casino gambling in recent years. (2) A review of the effectiveness of existing practices in law enforcement, judicial administration, and corrections in the United States and in foreign legal jurisdictions for the enforcement of the prohibition and taxation of gambling activities, including consideration of possible alternatives to such practices. (3) A study of existing statutes of the United States and State and local jurisdictions that prohibit and tax gambling activities, including preparation of such a proposal for codification, revision, or repeal of such statutes as the Commission may determine to be required to carry into effect such policy and practice changes as it may consider to necessary or desirable. SEC. 4. MEMBERSHIP. (a) Number and Appointment.--The Commission shall be composed of 15 members appointed not later than 90 days after the date of the enactment of this Act as follows: (1) Four individuals appointed jointly by the President of the Senate and the minority leader of the Senate. (2) Four individuals appointed jointly by the Speaker of the House of Representatives and the minority leader of the House of Representatives. (3) Seven individuals appointed by the President of the United States. (b) Qualifications.--Members appointed pursuant to subsection (a) shall be appointed from among individuals who are not officers of the executive branch of the Government or Members of Congress and who are specially qualified to serve on the Commission by virtue of training and experience. (c) Chairman.--The President of the United States shall designate a Chairman from among the members of the Commission. (d) Quorum.--Eight members of the Commission shall constitute a quorum. (e) Vacancies.--Any vacancy in the Commission shall not affect the powers of the Commission but shall be filled in the same manner in which the original appointment was made. (f) Basic Pay.-- (1) Rates of pay.--Except as provided in paragraph (2), members of the Commission shall each be entitled to receive $100.00 for each day (including travel time) during which they are engaged in the actual performance of duties vested in the Commission. (2) Prohibition of compensation of members of the federal judiciary.--Members of the Commission who are members of the Federal judiciary may not receive additional pay, allowances, or benefits by reason of their service on the Commission. (g) Travel Expenses.--Each member of the Commission shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. SEC. 5. STAFF. (a) Appointments.--Subject to such rules and regulations as may be adopted by the Commission, the Chairman of the Commission shall have the power to appoint and fix the compensation of a Director and such additional staff personnel (but not to exceed 15 staff members) as the Chairman considers necessary. (b) Applicability of Certain Civil Service Laws.--The Director and staff of the Commission may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates; except that an individual so appointed may not receive pay in excess of the rate of basic pay payable for level I of the Executive Schedule. (c) Qualifications.--In making appointments pursuant to this section, the Chairman of the Commission shall include among the Chairman's appointments individuals determined by the Chairman to be competent social scientists, lawyers, law enforcement officers, and others with professional expertise in areas related to gambling. SEC. 6. POWERS OF COMMISSION. (a) Hearings and Sessions.--The Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. The Commission may administer oaths or affirmations to witnesses appearing before it. (b) Powers of Members and Agents.--Any member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this section. (c) Obtaining Official Data.--The Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out this Act. Upon request of the Chairperson of the Commission, the head of that department or agency shall furnish that information to the Commission. (d) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (e) Administrative Support Services.--Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this Act. (f) Subpoena Power.-- (1) In general.--The Commission may issue subpoenas requiring the attendance and testimony of witnesses and the production of any evidence relating to any matter which the Commission is empowered to investigate by this Act. The attendance of witnesses and the production of evidence may be required from any place within the United States at any designated place of hearing within the United States. (2) Failure to obey a subpoena.--If a person refuses to obey a subpoena issued under paragraph (1), the Commission may apply to a United States district court for an order requiring that person to appear before the Commission to give testimony, produce evidence, or both, relating to the matter under investigation. The application may be made within the judicial district where the hearing is conducted or where that person is found, resides, or transacts business. Any failure to obey the order of the court may be punished by the court as civil contempt. (3) Service of subpoenas.--The subpoenas of the Commission shall be served in the manner provided for subpoenas issued by a United States district court under the Federal Rules of Civil Procedure for the United States district courts. (4) Service of process.--All process of any court to which application is to be made under paragraph (2) may be served in the judicial district in which the person required to be served resides or may be found. (g) Immunity.--The Commission is an agency of the United States for the purpose of part V of title 18, United States Code (relating to immunity of witnesses). SEC. 7. REPORTS. (a) Interim Reports.--The Commission may submit to the President of the United States and the Congress interim reports as the Commission considers appropriate. (b) Final Report.--The Commission shall transmit a final report to the President of the United States and the Congress not later than 2 years after the date of the first meeting of the Commission. The final report shall contain a detailed statement of the findings and conclusions of the Commission. SEC. 8 TERMINATION. The Commission shall terminate on the 60th day following submittal of the final report of the Commission pursuant to section 7(b).

Summary: National Policies Toward Gambling Review Act of 1995 - Establishes a Commission on the Review of National Policies Toward Gambling to conduct a comprehensive legal and factual study of: (1) gambling activities in the United States; (2) their social and economic impact; and (3) existing Federal, State, and local policy and practices with respect to legal prohibition and taxation of such activities, particularly the relationship between the Indian Gaming Regulatory Act and State and local laws.


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 (Maternal and Child Health Services) 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.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Veteran-Owned Small Business Promotion Act of 2009''. SEC. 2. REAUTHORIZATION AND IMPROVEMENT OF DEPARTMENT OF VETERANS AFFAIRS SMALL BUSINESS LOAN PROGRAM. (a) Reauthorization.-- (1) In general.--Chapter 37 of title 38, United States Code, is amended by striking section 3751. (2) Clerical amendment.--The table of sections at the beginning of such chapter is amended by striking the item relating to section 3751. (3) Conforming amendment.--Section 3749 of such title is amended by striking subsection (e). (b) Expansion of Eligibility for Small Business Loans.--Chapter 37 of such title is further amended-- (1) in section 3741-- (A) by striking paragraph (2); (B) by striking ``this subchapter--'' and all that follows through ```disabled veteran''' and inserting ``this subchapter, the term `disabled veteran'''; and (C) by striking ``30 percent'' and inserting ``10 percent''; and (2) in section 3742(a)(3)(A), by striking ``of the Vietnam era or disabled veterans''. (c) Repeal of Authority To Make Direct Loans.--Chapter 37 of such title, as amended by subsections (a) and (b), is further amended-- (1) in section 3742-- (A) in subsection (a)-- (i) in paragraph (2), by striking ``(A) loan guaranties, or (B) direct loans'' and inserting ``loan guarantees''; and (ii) in paragraph (3)(A), by striking ``and that at least 51 percent of a business concern must be owned by disabled veterans in order for such concern to qualify for a direct loan''; (B) in subsection (b)-- (i) by striking paragraph (1) and redesignating paragraphs (2) through (4) as paragraphs (1) through (3), respectively; and (ii) in paragraph (2), as so redesignated, by striking ``make or''; (C) in subsection (c), by striking ``made or''; (D) in subsection (d)-- (i) by striking paragraph (2); (ii) by striking ``(1) Except as provided in paragraph (2) of this subsection, the'' and inserting ``The''; and (iii) by striking ``make or''; and (E) in subsection (e)-- (i) in paragraph (1)-- (I) in the first sentence, by striking ``or, if the loan was a direct loan made by the Secretary, may suspend such obligation''; and (II) in the second sentence, by striking ``or while such obligation is suspended''; (ii) by striking ``or suspend'' each place it appears; (iii) by striking ``or suspension'' each place it appears (iv) by striking ``or suspends'' each place it appears; and (v) in paragraph (4)(B), by striking ``or suspended''; (2) in section 3743-- (A) by striking ``that is provided a direct loan under this subchapter, or''; (B) by striking the comma between ``subchapter'' and ``shall''; (C) by striking ``direct or''; and (D) by striking ``for the amount of such direct loan or, in the case of a guaranteed loan,''; (3) in section 3746, by striking ``made or'' both places it appears; (4) in section 3749(b), by striking ``and direct loan''; and (5) in section 3750, by striking ``made or''. (d) Increase of Maximum Guaranty Amount.--Section 3742(b)(2), as redesignated by subsection (c)(1)(B)(i), is amended by striking ``$200,000'' and inserting ``$500,000''. (e) Authority To Enter Into a Contract.--Section 3742 of such title, as amended by subsection (c), is further amended by adding at the end the following new subsection: ``(f) The Secretary shall enter into a contract with an appropriate entity for the purpose of carrying out the program under this subchapter.''. (f) Authority of Secretary To Subsidize Interest Rates of Guaranteed Loan.--Section 3745 of such title is amended by striking subsection (b) and inserting the following new subsection (b): ``(b) For any loan guaranteed under this subchapter, the Secretary may pay to the lender such amounts as may be required to reduce the rate of interest payable by the veterans' small business concern by up to one-half of one percent, except that the rate of interest payable by such concern shall not be less than one-half of one percent.''. (g) Preference for Members of National Guard and Reserves Activated in Support of Global War on Terrorism.--Section 3748 of such title is amended-- (1) by striking ``and, second'' and inserting ``second''; and (2) by inserting before the period at the end ``, and, third, to veterans' small business concern in which veterans who, as members of a reserve component, are activated in support of the Global War on Terrorism have a significant ownership interest''. (h) Authorization of Appropriations.--Section 3749(c)(1) of such title is amended by striking ``a total of $25,000,000'' and inserting ``$1,000,000,000 for each fiscal year''. SEC. 3. LIMITATION ON REQUIREMENT OF SMALL BUSINESS CONCERNS OWNED AND CONTROLLED BY VETERANS TO FURNISH CERTAIN BONDS. (a) Limitation.--Subchapter II of chapter 81 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 8129. Small business concerns owned and controlled by veterans: contractor bonds ``(a) Bonds Required.--Notwithstanding subchapter II of chapter 31 of title 40, in entering into a contract with a small business concern owned and controlled by veterans for the construction, alteration, or repair of any public building or public work of the Department the Secretary-- ``(1) may not require the concern to furnish a performance or payment bond in an amount that exceeds 50 percent of the amount of the contract; and ``(2) shall ensure that the concern does not require any subcontractor that is a small business concern owned and controlled by veterans to furnish a performance or payment bond in an amount that exceeds 50 percent of the amount of the subcontract. ``(b) Payment of Subcontractor Bonds.--In entering into a contract described in subsection (a) with the Secretary, a prime contractor may furnish a performance or payment bond on behalf of a subcontractor that is a small business concern owned and controlled by veterans. ``(c) Definition.--For purposes of this section, the term `small business concern owned and controlled by veterans' means a small business concern that is included in the small business database maintained by the Secretary under section 8127(f) of this title.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end of the items relating to such subchapter the following new item: ``8129. Small business concerns owned and controlled by veterans: contractor bonds.''. SEC. 4. TREATMENT OF SMALL BUSINESS CONCERNS OWNED AND CONTROLLED BY VETERANS A SOCIALLY AND ECONOMICALLY DISADVANTAGED. Section 8128 of such title is amended-- (1) by redesignating subsection (b) as subsection (c); and (2) by inserting after subsection (a) the following new subsection: ``(b) Treatment as Socially and Economically Disadvantaged.--The Secretary may evaluate a bid submitted by a small business concern owned and controlled by veterans and award a contract to such a concern on the same basis as the Administrator of the Small Business Administration may evaluate a bid submitted by a socially and economically disadvantaged small business concern and award a contract to such a concern under section 8(a) of the Small Business Act (15 U.S.C. 637(a)).''.

Summary: Veteran-Owned Small Business Promotion Act of 2009 - Reinstates (under current law, terminated as of the end of FY1986) the veteran-owned small business loan program, under which the Secretary of Veterans Affairs may provide loans to veteran-owned small businesses for: (1) financing plant construction, conversion, or expansion; (2) financing the acquisition of equipment, facilities, machinery, supplies, or materials; or (3) supplying working capital. Makes eligible for such loans small business owners who are veterans and have a disability rated at 10% (under current law, 30%) or more, and includes all veterans (under current law, limited to Vietnam era veterans and veterans discharged or released due to a disability incurred or aggravated in the line of duty). Repeals the authority to make direct loans under the program (thereby allowing only loan guaranties). Increases from $200,000 to $500,000 the maximum loan guaranty amount. Authorizes the Secretary to subsidize a loan lender in order to reduce by up to 1/2% the interest rate paid by the veteran-owned small business. Includes under a loan preference members of the National Guard and reserves activated in support of the Global War on Terrorism. Limits performance bond requirements of veteran-owned small businesses with respect to the construction, alteration, or repair of any Department of Veterans Affairs (VA) public building or public work. Treats a small business owned and controlled by veterans as a socially and economically disadvantaged small business for purposes of contracts awarded to the latter businesses under provisions of the Small Business Act.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Harriet Tubman National Historical Parks Act''. SEC. 2. HARRIET TUBMAN UNDERGROUND RAILROAD NATIONAL HISTORICAL PARK, MARYLAND. (a) Definitions.--In this section: (1) Historical park.--The term ``historical park'' means the Harriet Tubman Underground Railroad National Historical Park established by subsection (b)(1)(A). (2) Map.--The term ``map'' means the map entitled ``Authorized Acquisition Area for the Proposed Harriet Tubman Underground Railroad National Historical Park'', numbered T20/ 80,001, and dated July 2010. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (4) State.--The term ``State'' means the State of Maryland. (b) Harriet Tubman Underground Railroad National Historical Park.-- (1) Establishment.-- (A) In general.--Subject to subparagraph (B), there is established the Harriet Tubman Underground Railroad National Historical Park in Caroline, Dorchester, and Talbot Counties, Maryland, as a unit of the National Park System. (B) Determination by secretary.--The historical park shall not be established until the date on which the Secretary determines that a sufficient quantity of land, or interests in land, has been acquired to constitute a manageable park unit. (C) Notice.--Not later than 30 days after the date on which the Secretary makes a determination under subparagraph (B), the Secretary shall publish in the Federal Register notice of the establishment of the historical park, including an official boundary map for the historical park. (D) Availability of map.--The official boundary map published under subparagraph (C) shall be on file and available for public inspection in appropriate offices of the National Park Service. (2) Purpose.--The purpose of the historical park is to preserve and interpret for the benefit of present and future generations the historical, cultural, and natural resources associated with the life of Harriet Tubman and the Underground Railroad. (3) Land acquisition.-- (A) In general.--The Secretary may acquire land and interests in land within the areas depicted on the map as ``Authorized Acquisition Areas'' by purchase from willing sellers, donation, or exchange. (B) Boundary adjustment.--On acquisition of land or an interest in land under subparagraph (A), the boundary of the historical park shall be adjusted to reflect the acquisition. (c) Administration.-- (1) In general.--The Secretary shall administer the historical park in accordance with this section and the laws generally applicable to units of the National Park System, including-- (A) the National Park System Organic Act (16 U.S.C. 1 et seq.); and (B) the Act of August 21, 1935 (16 U.S.C. 461 et seq.). (2) Interagency agreement.--Not later than 1 year after the date on which the historical park is established, the Director of the National Park Service and the Director of the United States Fish and Wildlife Service shall enter into an agreement to allow the National Park Service to provide for public interpretation of historic resources located within the boundary of the Blackwater National Wildlife Refuge that are associated with the life of Harriet Tubman, consistent with the management requirements of the Refuge. (3) Interpretive tours.--The Secretary may provide interpretive tours to sites and resources located outside the boundary of the historical park in Caroline, Dorchester, and Talbot Counties, Maryland, relating to the life of Harriet Tubman and the Underground Railroad. (4) Cooperative agreements.-- (A) In general.--The Secretary may enter into a cooperative agreement with the State, political subdivisions of the State, colleges and universities, non-profit organizations, and individuals-- (i) to mark, interpret, and restore nationally significant historic or cultural resources relating to the life of Harriet Tubman or the Underground Railroad within the boundaries of the historical park, if the agreement provides for reasonable public access; or (ii) to conduct research relating to the life of Harriet Tubman and the Underground Railroad. (B) Visitor center.--The Secretary may enter into a cooperative agreement with the State to design, construct, operate, and maintain a joint visitor center on land owned by the State-- (i) to provide for National Park Service visitor and interpretive facilities for the historical park; and (ii) to provide to the Secretary, at no additional cost, sufficient office space to administer the historical park. (C) Cost-sharing requirement.-- (i) Federal share.--The Federal share of the total cost of any activity carried out under this paragraph shall not exceed 50 percent. (ii) Form of non-federal share.--The non- Federal share of the cost of carrying out an activity under this paragraph may be in the form of in-kind contributions or goods or services fairly valued. (d) General Management Plan.-- (1) In general.--Not later than 3 years after the date on which funds are made available to carry out this section, the Secretary shall prepare a general management plan for the historical park in accordance with section 12(b) of the National Park Service General Authorities Act (16 U.S.C. 1a- 7(b)). (2) Consultation.--The general management plan shall be prepared in consultation with the State (including political subdivisions of the State). (3) Coordination.--The Secretary shall coordinate the preparation and implementation of the management plan with-- (A) the Blackwater National Wildlife Refuge; (B) the Harriet Tubman National Historical Park established by section 3(b)(1)(A); and (C) the National Underground Railroad Network to Freedom. (e) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section. SEC. 3. HARRIET TUBMAN NATIONAL HISTORICAL PARK, AUBURN, NEW YORK. (a) Definitions.--In this section: (1) Historical park.--The term ``historical park'' means the Harriet Tubman National Historical Park established by subsection (b)(1)(A). (2) Home.--The term ``Home'' means The Harriet Tubman Home, Inc., located in Auburn, New York. (3) Map.--The term ``map'' means the map entitled ``Harriet Tubman National Historical Park'', numbered T18/80,000, and dated March 2009. (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (5) State.--The term ``State'' means the State of New York. (b) Harriet Tubman National Historical Park.-- (1) Establishment.-- (A) In general.--Subject to subparagraph (B), there is established the Harriet Tubman National Historical Park in Auburn, New York, as a unit of the National Park System. (B) Determination by secretary.--The historical park shall not be established until the date on which the Secretary determines that a sufficient quantity of land, or interests in land, has been acquired to constitute a manageable park unit. (C) Notice.--Not later than 30 days after the date on which the Secretary makes a determination under subparagraph (B), the Secretary shall publish in the Federal Register notice of the establishment of the historical park. (D) Map.--The map shall be on file and available for public inspection in appropriate offices of the National Park Service. (2) Boundary.--The historical park shall include the Harriet Tubman Home, the Tubman Home for the Aged, the Thompson Memorial AME Zion Church and Rectory, and associated land, as identified in the area entitled ``National Historical Park Proposed Boundary'' on the map. (3) Purpose.--The purpose of the historical park is to preserve and interpret for the benefit of present and future generations the historical, cultural, and natural resources associated with the life of Harriet Tubman. (4) Land acquisition.--The Secretary may acquire land and interests in land within the areas depicted on the map by purchase from a willing seller, donation, or exchange. (c) Administration.-- (1) In general.--The Secretary shall administer the historical park in accordance with this section and the laws generally applicable to units of the National Park System, including-- (A) the National Park System Organic Act (16 U.S.C. 1 et seq.); and (B) the Act of August 21, 1935 (16 U.S.C. 461 et seq.). (2) Interpretive tours.--The Secretary may provide interpretive tours to sites and resources located outside the boundary of the historical park in Auburn, New York, relating to the life of Harriet Tubman. (3) Cooperative agreements.-- (A) In general.--The Secretary may enter into a cooperative agreement with the owner of any land within the historical park to mark, interpret, or restore nationally significant historic or cultural resources relating to the life of Harriet Tubman, if the agreement provides that-- (i) the Secretary shall have the right of access to any public portions of the land covered by the agreement to allow for-- (I) access at reasonable times by historical park visitors to the land; and (II) interpretation of the land for the public; and (ii) no changes or alterations shall be made to the land except by mutual agreement of the Secretary and the owner of the land. (B) Research.--The Secretary may enter into a cooperative agreement with the State, political subdivisions of the State, institutions of higher education, the Home and other nonprofit organizations, and individuals to conduct research relating to the life of Harriet Tubman. (C) Cost-sharing requirement.-- (i) Federal share.--The Federal share of the total cost of any activity carried out under this paragraph shall not exceed 50 percent. (ii) Form of non-federal share.--The non- Federal share may be in the form of in-kind contributions or goods or services fairly valued. (D) Attorney general.-- (i) In general.--The Secretary shall submit to the Attorney General for review any cooperative agreement under this paragraph involving religious property or property owned by a religious institution. (ii) Finding.--No cooperative agreement subject to review under this subparagraph shall take effect until the date on which the Attorney General issues a finding that the proposed agreement does not violate the Establishment Clause of the first amendment to the Constitution. (d) General Management Plan.-- (1) In general.--Not later than 3 years after the date on which funds are made available to carry out this section, the Secretary shall prepare a general management plan for the historical park in accordance with section 12(b) of the National Park Service General Authorities Act (16 U.S.C. 1a- 7(b)). (2) Coordination.--The Secretary shall coordinate the preparation and implementation of the management plan with-- (A) the Harriet Tubman Underground Railroad National Historical Park established by section 2(b)(1); and (B) the National Underground Railroad Network to Freedom. (e) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this Act, except that not more than $7,500,000 shall be available to provide financial assistance under subsection (c)(3). SEC. 4. OFFSET. Section 101(b)(12) of the Water Resources Development Act of 1996 (Public Law 104-303; 110 Stat. 3667) is amended by striking ``$53,852,000'' and inserting ``$29,852,000''. Passed the Senate July 9, 2014. Attest: NANCY ERICKSON, Secretary.

Summary: (This measure has not been amended since it was reported to the Senate on April 22, 2013. Harriet Tubman National Historical Parks Act - Establishes in Caroline, Dorchester, and Talbot Counties, Maryland, the Harriet Tubman Underground Railroad National Historical Park as a unit of the National Park System. Establishes in Auburn, New York, the Harriet Tubman National Historical Park also as a unit of the National Park System. Authorizes the Secretary of the Interior to enter into cooperative agreements with certain entities for the historical preservation and interpretation of the parks. Requires the Secretary to complete a general management plan for the parks. Amends the Water Resources Development Act of 1996 to decrease the federal share of project costs for navigation and safety improvements to the Chesapeake and Delaware Canal and Baltimore Harbor Connecting Channels in Delaware and Maryland.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Nuclear Secrets Safety Act of 2000''. SEC. 2. INVENTORY OF RESTRICTED DATA AT NATIONAL SECURITY LABORATORIES. (a) Inventory Required.--Not later than 90 days after the date of the enactment of this Act, the Administrator for Nuclear Security shall conduct an inventory of each document or device at each national security laboratory that contains Restricted Data and shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report containing the results of that inventory. (b) Definitions.--For purposes of this section: (1) The term ``national security laboratory'' has the meaning given such term in section 3281 of the National Nuclear Security Administration Act (50 U.S.C. 2471). (2) The term ``Restricted Data'' has the meaning given such term in paragraphs (1) and (2) of section 11 y. of the Atomic Energy Act of 1954 (42 U.S.C. 2014(y)). SEC. 3. INCREASED SECURITY FOR VAULTS AT NATIONAL SECURITY LABORATORIES. (a) Access to Vaults.--(1) Section 3234 of the National Nuclear Security Administration Act (50 U.S.C. 2424) is amended-- (A) by striking ``The Administrator'' and inserting ``(a) Procedures Required.--The Administrator''; and (B) by adding at the end the following new subsection: ``(b) Access to Vaults at National Security Laboratories.--With respect to any vault containing Restricted Data at any national security laboratory, the procedures shall, at a minimum, provide that an individual shall not have unrestricted access to any such vault except in accordance with the following requirements: ``(1) Before each such access, the identity of the individual is verified by-- ``(A) an attendant through direct visual observation; ``(B) biometric technology; or ``(C) other means providing a high confidence level in verifying the identity of the individual. ``(2) For each such access, a permanent record of such access is maintained. ``(c) Change of Lock Combinations to Vaults at National Security Laboratories.--The Administrator shall ensure, for each vault containing Restricted Data at each national security laboratory, that the combination of each lock to such vault is changed not later than-- ``(1) one week after each removal of an individual from the list of individuals permitted access to such vault; and ``(2) 12 months after the date on which the combination was last changed.''. (2) The requirements of subsection (b) of section 3234 of such Act (as added by paragraph (1)) shall apply to each access referred to in that subsection that occurs after the expiration of the 24-hour period beginning upon the enactment of this Act. (3) The Administrator for Nuclear Security shall ensure, for each vault containing Restricted Data at each national security laboratory, that the combination of each lock to such vault is changed not later than 30 days after the date of the enactment of this Act. (b) Report on NNSA Polygraph Policy.--(1) Not later than 90 days after the date of the enactment of this Act, the Administrator for Nuclear Security shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on the policy recommendations of the Adminstrator regarding the use of counterintelligence polygraph examinations within the National Nuclear Security Administration. The report shall contain the recommendations of the Administrator as to what the policy of the Administration should be regarding-- (A) the use of such examinations generally as a prerequisite to access (restricted or unrestricted) to Restricted Data; and (B) the use of such examinations as a prerequisite to access (restricted or unrestricted) to vaults containing Restricted Data. (2) For purposes of this section, the term ``Restricted Data'' has the meaning given such term in paragraphs (1) and (2) of section 11 y. of the Atomic Energy Act of 1954 (42 U.S.C. 2014(y)). SEC. 4. USE OF ELECTRONIC LOCKS FOR CLASSIFIED AREAS AND CLASSIFIED INFORMATION OF NATIONAL NUCLEAR SECURITY ADMINISTRATION. Section 3234 of the National Nuclear Security Administration Act (50 U.S.C. 2424), as amended by section 3 of this Act, is further amended by adding at the end the following new subsection: ``(d) Electronic Locks Required.--The Administrator shall ensure that, after October 1, 2002, each lock used by the Administration to secure any vault, safe, or other container used to store Restricted Data is an electronic lock that meets or exceeds the FF-L-2740A lock standard of the General Services Administration, as in effect on the date of the enactment of the Nuclear Secrets Safety Act of 2000.''. Amend the title so as to read: ``A bill to require an inventory of documents and devices containing Restricted Data at the national security laboratories of the National Nuclear Security Administration, to improve security procedures for access to the vaults containing Restricted Data at those laboratories, and for other purposes.''.

Summary: Amends the National Nuclear Security Administration Act, with respect to procedures for ensuring that any individual is not permitted access to any classified area of a laboratory vault containing Restricted Data, to require such procedures, at a minimum, to provide that an individual shall not have access to any such vault unless, before each access, the individual's identity is verified by an attendant through direct visual observation. Requires the counterintelligence program at each such laboratory to include a polygraph program for individuals with access to any vault containing Restricted Data. Requires each such individual to undergo a polygraph examination within one year after having access to any such vault, in particular within 30 days after first access (or within 120 days after enactment of this Act, if first access occurred on or before enactment). Requires the Administrator for Nuclear Security to ensure that the combination of each lock to each laboratory vault containing Restricted Data is changed not later than 30 days after enactment of this Act.


SECTION 1. SHORT TITLE. This Act may be cited as the ``SCHIP Improvement Act of 1999''. SEC. 2. LIMITED WAIVER OF CONFIDENTIALITY REQUIREMENT. Section 9(b)(2)(C)(iii) of the National School Lunch Act (42 U.S.C. 1758(b)(2)(C)(iii)) is amended-- (1) in subclause (II), by striking ``and'' at the end; (2) in subclause (III), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(IV) a person directly connected with the administration of a State plan under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) or a State child health plan under title XXI of that Act (42 U.S.C. 1397aa et seq.) for the purpose of identifying children eligible for benefits under, and enrolling children in, any such plan, except that this subclause shall apply with respect to the agency from which the information would be obtained only if the State and the agency so elect.''. SEC. 3. DEMONSTRATION PROJECT. (a) In General.--Section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786) is amended by adding at the end the following: ``(q) Demonstration Project Relating to Use of WIC Funds for Identification and Enrollment of Children in Certain Health Programs.-- ``(1) In general.--The Secretary shall establish a demonstration project in not more than 40 local agencies in not fewer than 2 States under which costs of nutrition services and administration (as defined in subsection (b)(4)) shall include the costs of identification of children eligible for benefits under, and enrollment of children in-- ``(A) a State plan under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.); and ``(B) a State child health plan under title XXI of that Act (42 U.S.C. 1397aa et seq.). ``(2) Report on evaluation of costs.--Not later than 18 months after the date of enactment of this subsection, the Comptroller General of the United States shall submit to Congress a report evaluating the costs associated with implementation of the demonstration project, including an evaluation of the Federal and State costs per child enrolled in a State plan described in paragraph (1). ``(3) Termination of authority.--The authority provided by this subsection terminates September 30, 2003.''. (b) Technical Amendments.--Section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786)-- (1) in subsection (b)(4), by striking ``(4)'' and all that follows through ``means'' and inserting ``(4) `Costs of nutrition services and administration' or `nutrition services and administration' means''; and (2) in subsection (h)(1)(A), by striking ``costs incurred by State and local agencies for nutrition services and administration'' and inserting ``costs of nutrition services and administration incurred by State and local agencies''. SEC. 3. GRANTS FOR IDENTIFICATION AND ENROLLMENT EFFORTS. Section 12 of the National School Lunch Act (42 U.S.C. 1760) is amended by adding at the end the following: ``(p) Grants for Identification and Enrollment Efforts.-- ``(1) In general.--The Secretary shall make grants to States to carry out State plans to involve eligible entities described in paragraph (2) in the identification of children eligible for benefits under, and enrollment of children in-- ``(A) a State plan under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.); and ``(B) a State child health plan under title XXI of the Social Security Act (42 U.S.C. 1397aa et seq.). ``(2) Eligible entities.--An eligible entity referred to in paragraph (1) is-- ``(A) a school or school food authority participating in the school lunch program under this Act; ``(B) an institution participating in the child and adult care food program under section 17; ``(C) a local agency participating in the special supplemental nutrition program for women, infants, and children under section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786); or ``(D) any other nongovernmental social service provider. ``(3) Use of funds for wic demonstration project.--The authorized uses of grant funds under this subsection shall include carrying out the demonstration project under section 17(q) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(q)). ``(4) Funding.--Out of any moneys in the Treasury not otherwise appropriated, the Secretary of the Treasury shall provide to the Secretary to carry out this subsection $6,000,000 for each of fiscal years 2000 through 2003. The Secretary shall be entitled to receive the funds and shall accept the funds, without further Act of appropriation.''.

Summary: (Sec. 2) Amends NSLA to provide a limited waiver of a confidentiality requirement, for persons directly connected with the administration of a State plan for Medicaid or SCHIP, for the purpose of identifying children eligible for benefits under, and enrolling children in, any such plan. Makes such waiver applicable with respect to the agency from which the information would be obtained only if the State and the agency so elect. (Sec. 3) Amends CNA provisions for the special supplemental nutrition program for women, infants, and children (WIC program) to direct the Secretary of Agriculture (the Secretary) to establish a demonstration project, in not more than 40 local agencies in not fewer than two States, under which costs of nutrition services and administration (under the WIC program) shall include the costs of identification of children eligible for benefits under, and enrollment of children in, State plans for Medicaid and SCHIP. Directs the Comptroller General to evaluate for Congress the costs associated with implementing such project, including Federal and State costs per child enrolled in such State plans. (Sec. 3(sic)) Amends NSLA to direct the Secretary to make grants to States to carry out State plans to involve eligible entities in the identification of children eligible for benefits under, and enrollment of children in, State plans for Medicaid and SCHIP. Provides that the following are eligible entities: (1) a school or school food authority participating in the school lunch program under NSLA; (2) an institution participating in the child and adult care food program under NSLA; (3) a local agency participating in the WIC program under CNA; or (4) any other nongovernmental social service provider. Includes the WIC demonstration project established under this Act among authorized uses of such grant funds. Directs the Secretary of the Treasury to provide a specified amount of funds to the Secretary for each of FY 2000 through 2003. Entitles and directs the Secretary to accept such funds, without further Act of appropriation.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Hospital to Home- and Community-Care Linkage Development and Incentive Grant Program''. SEC. 2. FINDINGS. Congress finds that-- (1) demonstration programs and projects have been developed to offer care management to hospitalized individuals awaiting discharge who are in need of long-term health care services that meet individual needs and preferences in home- and community-based settings as an alternative to long-term nursing home care or institutional placement; and (2) there is a need to disseminate information and technical assistance to hospitals and State and local community organizations regarding such programs and projects and to provide incentive grants to State and local public and private agencies, including area agencies on aging, to establish and expand programs that offer care management to individuals awaiting discharge from acute care hospitals who are in need of long-term care so that services to meet individual needs and preferences can be arranged in home- and community-based settings as an alternative to long-term placement in nursing homes or other institutional settings. SEC. 3. DISSEMINATION OF INFORMATION, TECHNICAL ASSISTANCE AND INCENTIVE GRANTS TO ASSIST IN THE DEVELOPMENT OF HOSPITAL LINKAGE PROGRAMS. Part C of title III of the Public Health Service Act (42 U.S.C. 248 et seq.) is amended by adding at the end thereof the following new section: ``SEC. 327B. DISSEMINATION OF INFORMATION, TECHNICAL ASSISTANCE AND INCENTIVE GRANTS TO ASSIST IN THE DEVELOPMENT OF HOSPITAL LINKAGE PROGRAMS. ``(a) Dissemination of Information.--The Secretary shall compile, evaluate, publish and disseminate to appropriate State and local officials and to private organizations and agencies that provide services to individuals in need of long-term health care services, such information and materials as may assist such entities in replicating successful programs that are aimed at offering care management to hospitalized individuals who are in need of long-term care so that services to meet individual needs and preferences can be arranged in home- and community-based settings as an alternative to long-term nursing home placement. The Secretary may provide technical assistance to entities seeking to replicate such programs. ``(b) Incentive Grants to Assist in the Development of Hospital Linkage Programs.--The Secretary shall establish a program under which incentive grants may be awarded to assist private and public agencies, including area agencies on aging, and organizations in developing and expanding programs and projects that facilitate the discharge of individuals in hospitals or other acute care facilities who are in need of long-term care services and placement of such individuals into home- and community-based settings. ``(c) Administrative Provisions.-- ``(1) Eligible entities.--To be eligible to receive a grant under subsection (b) an entity shall be-- ``(A)(i) a State agency as defined in section 102(43) of the Older Americans Act of 1965; or ``(ii) a State agency responsible for administering home and community care programs under title XIX of the Social Security Act; or ``(B) if no State agency described in subparagraph (A) applies with respect to a particular State, a public or nonprofit private entity. ``(2) Applications.--To be eligible to receive an incentive grant under subsection (b), an entity shall prepare and submit to the Secretary an application at such time, in such manner and containing such information as the Secretary may require, including-- ``(A) an assessment of the need within the community to be served for the establishment or expansion of a program to facilitate the discharge of individuals in need of long-term care who are in hospitals or other acute care facilities into home- and community-care programs that provide individually planned, flexible services that reflect individual choice or preference rather than nursing home or institutional settings; ``(B) a plan for establishing or expanding a program for identifying individuals in hospital or acute care facilities who are in need of individualized long-term care provided in home- and community-based settings rather than nursing homes or other institutional settings and undertaking the planning and management of individualized care plans to facilitate discharge into such settings; ``(C) assurances that nongovernmental case management agencies funded under grants awarded under this section are not direct providers of home- and community-based services; ``(D) satisfactory assurances that adequate home- and community-based long term care services are available, or will be made available, within the community to be served so that individuals being discharged from hospitals or acute care facilities under the proposed program can be served in such home- and community-based settings, with flexible, individualized care which reflects individual choice and preference; ``(E) a description of the manner in which the program to be administered with amounts received under the grant will be continued after the termination of the grant for which such application is submitted; and ``(F) a description of any waivers or approvals necessary to expand the number of individuals served in federally funded home- and community-based long term care programs in order to provide satisfactory assurances that adequate home- and community-based long term care services are available in the community to be served. ``(3) Awarding of grants.-- ``(A) Preferences.--In awarding grants under subsection (b), the Secretary shall give preference to entities submitting applications that-- ``(i) demonstrate an ability to coordinate activities funded using amounts received under the grant with programs providing individualized home- and community-based case management and services to individuals in need of long term care with hospital discharge planning programs; and ``(ii) demonstrate that adequate home- and community-based long term care management and services are available, or will be made available to individuals being served under the program funded with amounts received under subsection (b). ``(B) Distribution.--In awarding grants under subsection (b), the Secretary shall ensure that such grants-- ``(i) are equitably distributed on a geographic basis; ``(ii) include projects operating in urban areas and projects operating in rural areas; and ``(iii) are awarded for the expansion of existing hospital linkage programs as well as the establishment of new programs. ``(C) Expedited consideration.--The Secretary shall provide for the expedited consideration of any waiver application that is necessary under title XIX of the Social Security Act to enable an applicant for a grant under subsection (b) to satisfy the assurance required under paragraph (1)(D). ``(4) Use of grants.--An entity that receives amounts under a grant under subsection (b) may use such amounts for planning, development and evaluation services and to provide reimbursements for the costs of one or more case mangers to be located in or assigned to selected hospitals who would-- ``(A) identify patients in need of individualized care in home- and community-based long-term care; ``(B) assess and develop care plans in cooperation with the hospital discharge planning staff; and ``(C) arrange for the provision of community care either immediately upon discharge from the hospital or after any short term nursing-home stay that is needed for recuperation or rehabilitation; ``(5) Direct services subject to reimbursements.--None of the amounts provided under a grant under this section may be used to provide direct services, other than case management, for which reimbursements are otherwise available under title XVIII or XIX of the Social Security Act. ``(6) Limitations.-- ``(A) Term.--Grants awarded under this section shall be for terms of less than 3 years. ``(B) Amount.--Grants awarded to an entity under this section shall not exceed $300,000 per year. The Secretary may waive the limitation under this subparagraph where an applicant demonstrates that the number of hospitals or individuals to be served under the grant justifies such increased amounts. ``(C) Supplanting of funds.--Amounts awarded under a grant under this section may not be used to supplant existing State funds that are provided to support hospital link programs. ``(d) Evaluation and Reports.-- ``(1) By grantees.--An entity that receives a grant under this section shall evaluate the effectiveness of the services provided under the grant in facilitating the placement of individuals being discharged from hospitals or acute care facilities into home- and community-based long term care settings rather than nursing homes. Such entity shall prepare and submit to the Secretary a report containing such information and data concerning the activities funded under the grant as the Secretary determines appropriate. ``(2) By secretary.--Not later than the end of the third fiscal year for which funds are appropriated under subsection (e), the Secretary shall prepare and submit to the appropriate committees of Congress, a report concerning the results of the evaluations and reports conducted and prepared under paragraph (1). ``(e) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section, $5,000,000 for each of the fiscal years 1994 through 1996.''.

Summary: Hospital to Home- and Community-Care Linkage Development and Incentive Grant Program - Amends the Public health Service Act to direct the Secretary of Health and Human Services to disseminate information and materials to assist specified entities in replicating successful programs aimed at offering care management to hospitalized individuals in need of long-term care so that services to meet individual needs and preferences can be arranged in home- and community-based settings as an alternative to long-term nursing home placement. Authorizes the Secretary to provide technical assistance to such entities. Directs the Secretary to establish a program under which incentive grants may be awarded to assist agencies and organizations in developing and expanding programs and projects that facilitate the discharge of individuals in hospitals or other acute care facilities who are in need of long-term care services and placement of such individuals into home- and community-based settings. Sets forth provisions regarding: (1) eligibility to receive grants; (2) application requirements; (3) criteria for the award of grants; (4) use of, and limitations on, grants; and (5) evaluation and reports. Authorizes appropriations.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Advancing Truth and Accountability in Campaign Communications Act of 2001''. SEC. 2. DISCLOSURE OF ELECTIONEERING COMMUNICATIONS. Section 304 of the Federal Election Campaign Act of 1971 (2 U.S.C. 434) is amended by adding at the end the following: ``(e) Additional Statements on Electioneering Communications.-- ``(1) Statement required.--Every person who makes a disbursement for electioneering communications in an aggregate amount in excess of $10,000 during any calendar year shall, within 24 hours of each disclosure date, file with the Commission a statement containing the information described in paragraph (2). ``(2) Contents of statement.--Each statement required to be filed under this subsection shall be made under penalty of perjury and shall contain the following information: ``(A) The identification of-- ``(i) the person making the disbursement; ``(ii) any entity sharing or exercising direction or control over the activities of such person; and ``(iii) the custodian of the books and accounts of the person making the disbursement. ``(B) The State of incorporation and the principal place of business of the person making the disbursement. ``(C) The amount of each disbursement during the period covered by the statement and the identification of the person to whom the disbursement was made. ``(D) The elections to which the electioneering communications pertain and the names (if known) of the candidates identified or to be identified. ``(E) If the disbursements were paid out of a segregated account to which only individuals could contribute, the names and addresses of all contributors who contributed an aggregate amount of $500 or more to that account during the period beginning on the first day of the preceding calendar year and ending on the disclosure date. ``(F) If the disbursements were paid out of funds not described in subparagraph (E), the names and addresses of all contributors who contributed an aggregate amount of $500 or more to the organization or any related entity during the period beginning on the first day of the preceding calendar year and ending on the disclosure date. ``(G) Whether or not any electioneering communication is made in coordination, cooperation, consultation, or concert with, or at the request or suggestion of, any candidate or any authorized committee, any political party or committee, or any agent of the candidate, political party, or committee and if so, the identification of any candidate, party, committee, or agent involved. ``(3) Electioneering communication defined.--For purposes of this subsection-- ``(A) In general.--The term `electioneering communication' means any broadcast from a television or radio broadcast station that-- ``(i) refers to a clearly identified candidate for Federal office; ``(ii) is made (or scheduled to be made) within-- ``(I) 60 days before a general, special, or runoff election for such Federal office; or ``(II) 30 days before a primary or preference election, or a convention or caucus of a political party that has authority to nominate a candidate, for such Federal office; and ``(iii) is broadcast from a television or radio broadcast station whose audience includes the electorate for such election, convention, or caucus. ``(B) Exceptions.--Such term shall not include-- ``(i) communications appearing in a news story, commentary, or editorial distributed through the facilities of any broadcasting station, unless such facilities are owned or controlled by any political party, political committee, or candidate; or ``(ii) communications which constitute expenditures or independent expenditures under this Act. ``(4) Disclosure date defined.--For purposes of this subsection, the term `disclosure date' means-- ``(A) the first date during any calendar year by which a person has made disbursements for electioneering communications aggregating in excess of $10,000; and ``(B) any other date during such calendar year by which a person has made disbursements for electioneering communications aggregating in excess of $10,000 since the most recent disclosure date for such calendar year. ``(5) Contracts to disburse.--For purposes of this subsection, a person shall be treated as having made a disbursement if the person has contracted to make the disbursement. ``(6) Coordination with other requirements.--Any requirement to report under this subsection shall be in addition to any other reporting requirement under this Act.''. SEC. 3. COORDINATED COMMUNICATIONS AS CONTRIBUTIONS. Section 315(a)(7)(B) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a(a)(7)(B)) is amended by inserting after clause (ii) the following: ``(iii) if-- ``(I) any person makes, or contracts to make, any payment for any electioneering communication (as defined in section 304(e)(3)); and ``(II) such payment is coordinated with a candidate for Federal office or an authorized committee of such candidate, a Federal, State, or local political party or committee thereof, or an agent or official of any such candidate, party, or committee, such payment or contracting shall be treated as a contribution to such candidate and as an expenditure by such candidate; and''. SEC. 4. PROHIBITION OF CORPORATE AND LABOR DISBURSEMENTS FOR ELECTIONEERING COMMUNICATIONS. (a) In General.--Section 316(b)(2) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441b(b)(2)) is amended by inserting ``or for any applicable electioneering communication'' before ``, but shall not include''. (b) Applicable Electioneering Communication.--Section 316 of such Act is amended by adding at the end the following: ``(c) Rules Relating to Electioneering Communications.-- ``(1) Applicable electioneering communication.--For purposes of this section, the term `applicable electioneering communication' means an electioneering communication (as defined in section 304(e)(3)) that is made by-- ``(A) any entity to which subsection (a) applies other than a section 501(c)(4) organization; or ``(B) a section 501(c)(4) organization if such communication is paid for using amounts derived from the conduct of a trade or business or from an entity described in subparagraph (A). ``(2) Special operating rules.--For purposes of paragraph (1), the following rules shall apply: ``(A) An electioneering communication shall be treated as made by an entity described in paragraph (1)(A) if-- ``(i) the entity described in paragraph (1)(A) directly or indirectly disburses any amount for any of the costs of the communication; or ``(ii) any amount is disbursed for the communication by a corporation or organization or a State or local political party or committee thereof that receives anything of value from the entity described in paragraph (1)(A), except that this clause shall not apply to any communication the costs of which are defrayed entirely out of a segregated account to which only individuals can contribute. ``(B) A section 501(c)(4) organization that derives amounts from business activities or from any entity described in paragraph (1)(A) shall be considered to have paid for any communication out of such amounts unless such organization paid for the communication out of a segregated account to which only individuals can contribute. ``(3) Definitions and rules.--For purposes of this subsection-- ``(A) the term `section 501(c)(4) organization' means-- ``(i) an organization described in section 501(c)(4) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code; or ``(ii) an organization which has submitted an application to the Internal Revenue Service for determination of its status as an organization described in clause (i); and ``(B) a person shall be treated as having made a disbursement if the person has contracted to make the disbursement. ``(4) Coordination with internal revenue code.--Nothing in this subsection shall be construed to authorize an organization exempt from taxation under section 501(a) of the Internal Revenue Code of 1986 from carrying out any activity which is prohibited under such Code.''.

Summary: Advancing Truth and Accountability in Campaign Communications Act of 2001 - Amends the Federal Election Campaign Act of 1971 to require the filing of a report with the Commissioner of the Federal Election Commission within 24 hours of each date during a calendar year (disclosure date) on which disbursements for electioneering communications exceed an aggregate of $10,000. Defines "electioneering communications" as certain communications broadcast from either a television or radio station that refer to a clearly identified candidate for Federal office.Provides that if any person makes, or contracts to make, any payment for any electioneering communication, and such payment is coordinated with a candidate for Federal office or an authorized committee of such candidate, a Federal, State, or local political party or committee thereof, or an agent or official of any such candidate, party, or committee, then such payment or contracting shall be treated as a contribution to and an expenditure by such candidate.Prohibits, in general, corporate and labor disbursements for applicable electioneering communications.


SECTION 1. SHORT TITLE. This Act may be cited as the ``FBI Counterintelligence Act of 1994''. SEC. 2. DISCLOSURE OF INFORMATION AND CONSUMER REPORTS TO FBI FOR COUNTERINTELLIGENCE PURPOSES. (a) In General.--The Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) is amended by adding after section 623 the following new section: ``Sec. 624. Disclosures to FBI for counterintelligence purposes ``(a) Identity of Financial Institutions.--Notwithstanding section 604 or any other provision of this title, a consumer reporting agency shall furnish to the Federal Bureau of Investigation the names and addresses of all financial institutions (as that term is defined in section 1101 of the Right to Financial Privacy Act of 1978) at which a consumer maintains or has maintained an account, to the extent that information is in the files of the agency, when presented with a written request for that information, signed by the Director of the Federal Bureau of Investigation, or the Director's designee, which certifies compliance with this section. The Director or the Director's designee may make such a certification only if the Director or the Director's designee has determined in writing that-- ``(1) such information is necessary for the conduct of an authorized foreign counterintelligence investigation; and ``(2) there are specific and articulable facts giving reason to believe that the consumer-- ``(A) is a foreign power (as defined in section 101 of the Foreign Intelligence Surveillance Act of 1978) or a person who is not a United States person (as defined in such section 101) and is an official of a foreign power; or ``(B) is an agent of a foreign power and is engaging or has engaged in international terrorism (as that term is defined in section 101(c) of the Foreign Intelligence Surveillance Act of 1978) or clandestine intelligence activities that involve or may involve a violation of criminal statutes of the United States. ``(b) Identifying Information.--Notwithstanding the provisions of section 604 or any other provision of this title, a consumer reporting agency shall furnish identifying information respecting a consumer, limited to name, address, former addresses, places of employment, or former places of employment, to the Federal Bureau of Investigation when presented with a written request, signed by the Director or the Director's designee, which certifies compliance with this subsection. The Director or the Director's designee may make such a certification only if the Director or the Director's designee has determined in writing that-- ``(1) such information is necessary to the conduct of an authorized counterintelligence investigation; and ``(2) there is information giving reason to believe that the consumer has been, or is about to be, in contact with a foreign power or an agent of a foreign power (as defined in section 101 of the Foreign Intelligence Surveillance Act of 1978). ``(c) Court Order for Disclosure of Consumer Reports.-- Notwithstanding section 604 or any other provision of this title, if requested in writing by the Director of the Federal Bureau of Investigation, or a designee of the Director, a court may issue an order ex parte directing a consumer reporting agency to furnish a consumer report to the Federal Bureau of Investigation, upon a showing in camera that-- ``(1) the consumer report is necessary for the conduct of an authorized foreign counterintelligence investigation; and ``(2) there are specific and articulable facts giving reason to believe that the consumer whose consumer report is sought-- ``(A) is an agent of a foreign power; and ``(B) is engaging or has engaged in international terrorism (as that term is defined in section 101(c) of the Foreign Intelligence Surveillance Act of 1978) or clandestine intelligence activities that involve or may involve a violation of criminal statutes of the United States. The terms of an order issued under this subsection shall not disclose that the order is issued for purposes of a counterintelligence investigation. ``(d) Confidentiality.--No consumer reporting agency or officer, employee, or agent of a consumer reporting agency shall disclose to any person, other than those officers, employees, or agents of a consumer reporting agency necessary to fulfill the requirement to disclose information to the Federal Bureau of Investigation under this section, that the Federal Bureau of Investigation has sought or obtained the identity of financial institutions or a consumer report respecting any consumer under subsection (a), (b), or (c) and no consumer reporting agency or officer, employee, or agent of a consumer reporting agency shall include in any consumer report any information that would indicate that the Federal Bureau of Investigation has sought or obtained such information or a consumer report. ``(e) Payment of Fees.--The Federal Bureau of Investigation shall, subject to the availability of appropriations, pay to the consumer reporting agency assembling or providing reports or information in accordance with procedures established under this section, a fee for reimbursement for such costs as are reasonably necessary and which have been directly incurred in searching, reproducing, or transporting books, papers, records, or other data required or requested to be produced under this section. ``(f) Limit on Dissemination.--The Federal Bureau of Investigation may not disseminate information obtained pursuant to this section outside of the Federal Bureau of Investigation, except to the Department of Justice as may be necessary for the approval or conduct of a foreign counterintelligence investigation, or, where the information concerns a person subject to the Uniform Code of Military Justice, to appropriate investigative authorities within the military department concerned as may be necessary for the conduct of a joint foreign counterintelligence investigation. ``(g) Rules of Construction.--Nothing in this section shall be construed to prohibit information from being furnished by the Federal Bureau of Investigation pursuant to a subpoena or court order, or in connection with a judicial or administrative proceeding to enforce the provisions of this Act. Nothing in this section shall be construed to authorize or permit the withholding or information from the Congress. ``(h) Reports to Congress.--On a semiannual basis, the Attorney General of the United States shall fully inform the Permanent Select Committee on Intelligence and the Committee on Banking, Finance and Urban Affairs of the House of Representatives, and the Select Committee on Intelligence and the Committee on Banking, Housing, and Urban Affairs of the Senate concerning all requests made pursuant to subsections (a), (b), and (c). ``(i) Damages.--Any agency or department of the United States obtaining or disclosing any consumer reports, records, or information contained therein in violation of this section is liable to the consumer to whom such consumer reports, records, or information relate in an amount equal to the sum of-- ``(1) $100, without regard to the volume of consumer reports, records, or information involved; ``(2) any actual damages sustained by the consumer as a result of the disclosure; ``(3) if the violation is found to have been willful or intentional, such punitive damages as a court may allow; and ``(4) in the case of any successful action to enforce liability under this subsection, the costs of the action, together with reasonable attorney fees, as determined by the court. ``(j) Disciplinary Actions for Violations.--If a court determines that any agency or department of the United States has violated any provision of this section and the court finds that the circumstances surrounding the violation raise questions of whether or not an officer or employee of the agency or department acted willfully or intentionally with respect to the violation, the agency or department shall promptly initiate a proceeding to determine whether or not disciplinary action is warranted against the officer or employee who was responsible for the violation. ``(k) Good-Faith Exception.--Notwithstanding any other provision of this title, any consumer reporting agency or agent or employee thereof making disclosure of consumer reports or identifying information pursuant to this subsection in good-faith reliance upon a certification of the Federal Bureau of Investigation pursuant to provisions of this section shall not be liable to any person for such disclosure under this title, the constitution of any State, or any law or regulation of any State or any political subdivision of any State. ``(l) Limitation of Remedies.--Notwithstanding any other provision of this title, the remedies and sanctions set forth in this section shall be the only judicial remedies and sanctions for violation of this section. ``(m) Injunctive Relief.--In addition to any other remedy contained in this section, injunctive relief shall be available to require compliance with the procedures of this section. In the event of any successful action under this subsection, costs together with reasonable attorney fees, as determined by the court, may be recovered.''. (b) Clerical Amendment.--The table of sections at the beginning of the Fair Credit Reporting Act (15 U.S.C. 1681a et seq.) is amended by adding after the item relating to section 623 the following: ``624. Disclosures to FBI for counterintelligence purposes.''. (c) Repeal of Provisions.-- (1) Repeal.--The following provisions of the Fair Credit Reporting Act, as added by this section, are repealed: (A) Section 624. (B) In the table of contents at the beginning of the Fair Credit Reporting Act, the item relating to section 624. (2) Effective date.--Paragraph (1) shall take effect on the date that is 5 years after the date of the enactment of this Act. SEC. 3. LIMITATION ON APPLICATION OF SECTION 2 AND REPEAL OF ANY AMENDMENTS MADE. Section 2 shall not have any legal effect after the date of the enactment of the Consumer Reporting Reform Act of 1994. Any provisions of the Fair Credit Reporting Act that were added to that Act by the amendments made by section 2 of this Act are repealed effective on the date of the enactment of the Consumer Reporting Reform Act of 1994. Passed the House of Representatives October 5, 1994. Attest: DONNALD K. ANDERSON, Clerk.

Summary: FBI Counterintelligence Act of 1994 - Amends the Fair Credit Reporting Act to require a consumer reporting agency (agency) to furnish to the Federal Bureau of Investigation (FBI) the names and addresses of all financial institutions at which a consumer maintains or has maintained an account, to the extent that such information is in the agency's files, when presented with a written request signed by the Director of the FBI which certifies compliance with this Act. Permits the Director to make such certification only upon determining in writing that: (1) such information is necessary for the conduct of an authorized foreign counterintelligence investigation; and (2) there are specific and articulable facts giving reason to believe that the consumer is a foreign power or an official of a foreign power or an agent of a foreign power engaging in international terrorism or clandestine intelligence activities involving a violation of U.S. criminal statutes (clandestine activities). Requires an agency to furnish certain identifying information respecting a consumer to the FBI when presented with such a written request. Authorizes a court to issue an order ex parte directing an agency to furnish a consumer report to the FBI if requested in writing by the Director upon a showing in camera that: (1) the consumer report is necessary for the conduct of an authorized foreign counterintelligence investigation; and (2) there are specific and articulable facts giving reason to believe that the consumer whose consumer report is sought is an agent of a foreign power and is engaging or has engaged in international terrorism or clandestine activities. Sets forth provisions regarding: (1) confidentiality; (2) payment of fees; (3) limits on dissemination; (4) reporting requirements; (5) damages; (6) disciplinary actions for violations; (7) a good-faith exception (for an agency relying upon an FBI certification); (8) limitation of remedies; and (9) injunctive relief and costs. Terminates this Act five years after its enactment.