SECTION 1. SHORT TITLE. This Act may be cited as the ``Religious Land Use and Institutionalized Persons Act of 2000''. SEC. 2. PROTECTION OF LAND USE AS RELIGIOUS EXERCISE. (a) Substantial Burdens.-- (1) General rule.--No government shall impose or implement a land use regulation in a manner that imposes a substantial burden on the religious exercise of a person, including a religious assembly or institution, unless the government demonstrates that imposition of the burden on that person, assembly, or institution-- (A) is in furtherance of a compelling governmental interest; and (B) is the least restrictive means of furthering that compelling governmental interest. (2) Scope of application.--This subsection applies in any case in which-- (A) the substantial burden is imposed in a program or activity that receives Federal financial assistance, even if the burden results from a rule of general applicability; (B) the substantial burden affects, or removal of that substantial burden would affect, commerce with foreign nations, among the several States, or with Indian tribes, even if the burden results from a rule of general applicability; or (C) the substantial burden is imposed in the implementation of a land use regulation or system of land use regulations, under which a government makes, or has in place formal or informal procedures or practices that permit the government to make, individualized assessments of the proposed uses for the property involved. (b) Discrimination and Exclusion.-- (1) Equal terms.--No government shall impose or implement a land use regulation in a manner that treats a religious assembly or institution on less than equal terms with a nonreligious assembly or institution. (2) Nondiscrimination.--No government shall impose or implement a land use regulation that discriminates against any assembly or institution on the basis of religion or religious denomination. (3) Exclusions and limits.--No government shall impose or implement a land use regulation that-- (A) totally excludes religious assemblies from a jurisdiction; or (B) unreasonably limits religious assemblies, institutions, or structures within a jurisdiction. SEC. 3. PROTECTION OF RELIGIOUS EXERCISE OF INSTITUTIONALIZED PERSONS. (a) General Rule.--No government shall impose a substantial burden on the religious exercise of a person residing in or confined to an institution, as defined in section 2 of the Civil Rights of Institutionalized Persons Act (42 U.S.C. 1997), even if the burden results from a rule of general applicability, unless the government demonstrates that imposition of the burden on that person-- (1) is in furtherance of a compelling governmental interest; and (2) is the least restrictive means of furthering that compelling governmental interest. (b) Scope of Application.--This section applies in any case in which-- (1) the substantial burden is imposed in a program or activity that receives Federal financial assistance; or (2) the substantial burden affects, or removal of that substantial burden would affect, commerce with foreign nations, among the several States, or with Indian tribes. SEC. 4. JUDICIAL RELIEF. (a) Cause of Action.--A person may assert a violation of this Act as a claim or defense in a judicial proceeding and obtain appropriate relief against a government. Standing to assert a claim or defense under this section shall be governed by the general rules of standing under article III of the Constitution. (b) Burden of Persuasion.--If a plaintiff produces prima facie evidence to support a claim alleging a violation of the Free Exercise Clause or a violation of section 2, the government shall bear the burden of persuasion on any element of the claim, except that the plaintiff shall bear the burden of persuasion on whether the law (including a regulation) or government practice that is challenged by the claim substantially burdens the plaintiff's exercise of religion. (c) Full Faith and Credit.--Adjudication of a claim of a violation of section 2 in a non-Federal forum shall not be entitled to full faith and credit in a Federal court unless the claimant had a full and fair adjudication of that claim in the non-Federal forum. (d) Attorneys' Fees.--Section 722(b) of the Revised Statutes (42 U.S.C. 1988(b)) is amended-- (1) by inserting ``the Religious Land Use and Institutionalized Persons Act of 2000,'' after ``Religious Freedom Restoration Act of 1993,''; and (2) by striking the comma that follows a comma. (e) Prisoners.--Nothing in this Act shall be construed to amend or repeal the Prison Litigation Reform Act of 1995 (including provisions of law amended by that Act). (f) Authority of United States To Enforce This Act.--The United States may bring an action for injunctive or declaratory relief to enforce compliance with this Act. Nothing in this subsection shall be construed to deny, impair, or otherwise affect any right or authority of the Attorney General, the United States, or any agency, officer, or employee of the United States, acting under any law other than this subsection, to institute or intervene in any proceeding. (g) Limitation.--If the only jurisdictional basis for applying a provision of this Act is a claim that a substantial burden by a government on religious exercise affects, or that removal of that substantial burden would affect, commerce with foreign nations, among the several States, or with Indian tribes, the provision shall not apply if the government demonstrates that all substantial burdens on, or the removal of all substantial burdens from, similar religious exercise throughout the Nation would not lead in the aggregate to a substantial effect on commerce with foreign nations, among the several States, or with Indian tribes. SEC. 5. RULES OF CONSTRUCTION. (a) Religious Belief Unaffected.--Nothing in this Act shall be construed to authorize any government to burden any religious belief. (b) Religious Exercise Not Regulated.--Nothing in this Act shall create any basis for restricting or burdening religious exercise or for claims against a religious organization, including any religiously affiliated school or university, not acting under color of law. (c) Claims to Funding Unaffected.--Nothing in this Act shall create or preclude a right of any religious organization to receive funding or other assistance from a government, or of any person to receive government funding for a religious activity, but this Act may require a government to incur expenses in its own operations to avoid imposing a substantial burden on religious exercise. (d) Other Authority To Impose Conditions on Funding Unaffected.-- Nothing in this Act shall-- (1) authorize a government to regulate or affect, directly or indirectly, the activities or policies of a person other than a government as a condition of receiving funding or other assistance; or (2) restrict any authority that may exist under other law to so regulate or affect, except as provided in this Act. (e) Governmental Discretion in Alleviating Burdens on Religious Exercise.--A government may avoid the preemptive force of any provision of this Act by changing the policy or practice that results in a substantial burden on religious exercise, by retaining the policy or practice and exempting the substantially burdened religious exercise, by providing exemptions from the policy or practice for applications that substantially burden religious exercise, or by any other means that eliminates the substantial burden. (f) Effect on Other Law.--With respect to a claim brought under this Act, proof that a substantial burden on a person's religious exercise affects, or removal of that burden would affect, commerce with foreign nations, among the several States, or with Indian tribes, shall not establish any inference or presumption that Congress intends that any religious exercise is, or is not, subject to any law other than this Act. (g) Broad Construction.--This Act shall be construed in favor of a broad protection of religious exercise, to the maximum extent permitted by the terms of this Act and the Constitution. (h) No Preemption or Repeal.--Nothing in this Act shall be construed to preempt State law, or repeal Federal law, that is equally as protective of religious exercise as, or more protective of religious exercise than, this Act. (i) Severability.--If any provision of this Act or of an amendment made by this Act, or any application of such provision to any person or circumstance, is held to be unconstitutional, the remainder of this Act, the amendments made by this Act, and the application of the provision to any other person or circumstance shall not be affected. SEC. 6. ESTABLISHMENT CLAUSE UNAFFECTED. Nothing in this Act shall be construed to affect, interpret, or in any way address that portion of the first amendment to the Constitution prohibiting laws respecting an establishment of religion (referred to in this section as the ``Establishment Clause''). Granting government funding, benefits, or exemptions, to the extent permissible under the Establishment Clause, shall not constitute a violation of this Act. In this section, the term ``granting'', used with respect to government funding, benefits, or exemptions, does not include the denial of government funding, benefits, or exemptions. SEC. 7. AMENDMENTS TO RELIGIOUS FREEDOM RESTORATION ACT. (a) Definitions.--Section 5 of the Religious Freedom Restoration Act of 1993 (42 U.S.C. 2000bb-2) is amended-- (1) in paragraph (1), by striking ``a State, or a subdivision of a State'' and inserting ``or of a covered entity''; (2) in paragraph (2), by striking ``term'' and all that follows through ``includes'' and inserting ``term `covered entity' means''; and (3) in paragraph (4), by striking all after ``means'' and inserting ``religious exercise, as defined in section 8 of the Religious Land Use and Institutionalized Persons Act of 2000.''. (b) Conforming Amendment.--Section 6(a) of the Religious Freedom Restoration Act of 1993 (42 U.S.C. 2000bb-3(a)) is amended by striking ``and State''. SEC. 8. DEFINITIONS. In this Act: (1) Claimant.--The term ``claimant'' means a person raising a claim or defense under this Act. (2) Demonstrates.--The term ``demonstrates'' means meets the burdens of going forward with the evidence and of persuasion. (3) Free exercise clause.--The term ``Free Exercise Clause'' means that portion of the first amendment to the Constitution that proscribes laws prohibiting the free exercise of religion. (4) Government.--The term ``government''-- (A) means-- (i) a State, county, municipality, or other governmental entity created under the authority of a State; (ii) any branch, department, agency, instrumentality, or official of an entity listed in clause (i); and (iii) any other person acting under color of State law; and (B) for the purposes of sections 4(b) and 5, includes the United States, a branch, department, agency, instrumentality, or official of the United States, and any other person acting under color of Federal law. (5) Land use regulation.--The term ``land use regulation'' means a zoning or landmarking law, or the application of such a law, that limits or restricts a claimant's use or development of land (including a structure affixed to land), if the claimant has an ownership, leasehold, easement, servitude, or other property interest in the regulated land or a contract or option to acquire such an interest. (6) Program or activity.--The term ``program or activity'' means all of the operations of any entity described in paragraph (1) or (2) of section 606 of the Civil Rights Act of 1964 (42 U.S.C. 2000d-4a). (7) Religious exercise.-- (A) In general.--The term ``religious exercise'' includes any exercise of religion, whether or not compelled by, or central to, a system of religious belief. (B) Rule.--The use, building, or conversion of real property for the purpose of religious exercise shall be considered to be religious exercise of the person or entity that uses or intends to use the property for that purpose.

Summary: Prohibits any government from imposing a substantial burden on the religious exercise of a person residing in or confined to an institution, as defined in the Civil Rights of Institutionalized Persons Act, even if the burden results from a rule of general applicability, unless the government demonstrates that imposition of the burden on that person: (1) is in furtherance of a compelling governmental interest; and (2) is the least restrictive means of furthering that compelling governmental interest. States that nothing in this Act shall be construed to amend or repeal the Prison Litigation Reform Act of 1995 (including provisions of law amended by that Act).


SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare/Medicaid Solvency Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds that-- (1) illnesses and diseases that result from the use of tobacco products cost Federal Government health care programs billions of dollars, including $10,200,000,000 in the medicare program, $5,100,000,000 in the medicaid program, and $4,700,000,000 in other Federal health programs in fiscal year 1993; (2) in April 1994, the trustees of the medicare trust funds concluded that such funds may be insolvent in 2001; (3) such insolvency would severely affect the ability of the medicare trust funds to continue to protect the health of America's senior citizens; and (4) the medicare population has a significantly higher risk of contracting illnesses and diseases that result from the use of tobacco products than younger age groups. (b) Purpose.--The purpose of this Act is to insure the long-term viability of the medicare, medicaid, and other federal health programs by establishing a dedicated trust fund to reimburse the government for the health care costs of individuals with diseases attributable to the use of tobacco products. SEC. 3. TOBACCO PRODUCT MANUFACTURERS CONTRIBUTION TO HEALTH CARE COST REIMBURSEMENT TRUST FUND. (a) In General.--The Internal Revenue Code of 1986 is amended by adding at the end the following new subtitle: ``Subtitle K--Tobacco Product Manufacturers Contribution to Health Care Cost Reimbursement Trust Fund. ``Chapter 100. Tobacco Product Manufacturers Contribution to Health Care Cost Reimbursement Trust Fund. ``CHAPTER 100--TOBACCO PRODUCT MANUFACTURERS CONTRIBUTION TO HEALTH CARE COST REIMBURSEMENT TRUST FUND. ``Sec. 9801. Establishment of Tobacco Product Health Care Cost Reimbursement Trust Fund. ``Sec. 9802. Contributions to Trust Fund. ``SEC. 9801. ESTABLISHMENT OF TOBACCO PRODUCT HEALTH CARE COST REIMBURSEMENT TRUST FUND. ``(a) Creation of Trust Fund.--There is established in the Treasury of the United States a trust fund to be known as the `Tobacco Product Health Care Cost Reimbursement Trust Fund' (hereafter referred to in this chapter as the `Trust Fund'), consisting of such amounts as may be appropriated or transferred to the Trust Fund as provided in this section or section 9602(b). ``(b) Transfers to Trust Fund.--The Secretary shall transfer to the Trust Fund an amount equivalent to contributions received in the Treasury under section 9802. ``(c) Distribution of Amounts in Trust Fund.-- ``(1) In general.--The amounts in the Trust Fund shall be available in each fiscal year (beginning with fiscal year 1997), as provided by appropriation Acts, to the Secretary-- ``(A) to distribute to each particular Secretary responsible for the expenditure of Federal funds for that fiscal year under title XVIII or XIX of the Social Security Act or any other Federal program for the payment of health care costs of individuals with diseases attributable to the use of tobacco products, and ``(B) to pay all expenses of administration incurred by the Department of the Treasury in administering this chapter and the Trust Fund. ``(2) Determination of distribution.--Each particular Secretary described in paragraph (1)(A) shall submit to the Secretary of the Treasury such documentation as the Secretary requires to determine the appropriate distribution under paragraph (1)(A). ``(3) Use of distributions.--In any case in which an expenditure of Federal funds described in paragraph (1)(A) was made from a trust fund, the distribution under paragraph (1)(A) reimbursing such expenditure shall be made to such trust fund. ``(4) State medicaid expenditures.--For purposes of this section, the Secretary of Health and Human Services shall include in the Secretary's submission under paragraph (2) the expenditure of State funds under State plans under title XIX of the Social Security Act for the payment of health care costs of individuals with diseases attributable to the use of tobacco products, and to the extent the distribution to the Secretary under paragraph (1)(A) is attributable to such expenditure, shall reimburse the various States for such expenditures. ``(d) Administrative Rules.--For purposes of this section, the rules of subchapter B of chapter 98 shall apply. ``(e) Tobacco Products.--For purposes of this chapter, the term `tobacco products' has the meaning given such term by section 5702(c). ``SEC. 9802. CONTRIBUTIONS TO TRUST FUND. ``(a) Annual Premiums.--Each manufacturer of tobacco products shall pay to the Trust Fund, an annual contribution equal to the product of the amount determined under subsection (b) for each fiscal year (beginning with fiscal year 1997) and the manufacturer's market share percentage determined under subsection (c) for the calendar year preceding such fiscal year. ``(b) Determination of Funding Levels.-- ``(1) In general.--Not later than the date the President is required to submit the budget of the United States for a fiscal year to Congress, the Director of the Centers for Disease Control and Prevention, after consultation with the Directors of the National Institutes of Health, the National Cancer Institute, and the National Heart, Lung, and Blood Institute, shall make an estimate of-- ``(A) the amount of Federal expenditures for that fiscal year under titles XVIII and XIX of the Social Security Act and other Federal programs, and ``(B) the amount of State expenditures for that fiscal year under State plans under title XIX of the Social Security Act, for payment of health care costs of individuals with diseases attributable to the use of tobacco products. ``(2) Disclosure of estimate methodology.--The Director of the Centers for Disease Control and Prevention shall publish in the Federal Register all relevant documentation considered and the methodology used in making the estimate described in paragraph (1). ``(3) Report in budget.--The President shall include the estimate described in paragraph (1) in the budget for the fiscal year. ``(c) Market Share Percentage.-- ``(1) In general.--Not later than July 1, the Secretary shall determine and publish the market share percentage for the preceding calendar year for each manufacturer of tobacco products by determining such manufacturer's percentage share of the total amount of tobacco products sold in the United States during such calendar year. ``(2) Information.--Not later than April 1, each manufacturer of tobacco products shall furnish to the Secretary such information as the Secretary may require to determine any market share percentage under this subsection for the preceding calendar year. ``(d) Payment of Contributions.--The annual contribution under subsection (a) for any fiscal year shall be payable in 12 monthly installments, due on the twenty-fifth day of each calendar month in the fiscal year. ``(e) Enforcement.--For penalties and other general and administrative provisions applicable to this section, see subtitle F. ``(f) Manufacturer of Tobacco Products.--For purposes of this section, the term `manufacturer of tobacco products' has the meaning given such term by section 5702(d).'' (b) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act.

Summary: Medicare/Medicaid Solvency Act - Amends the Internal Revenue Code to establish in the Treasury the Tobacco Product Health Care Cost Reimbursement Trust Fund. Directs the Secretary of the Treasury to: (1) distribute amounts in the Fund to each Secretary responsible for the expenditure of Federal funds for that fiscal year (beginning with FY 1997) under titles XXVIII (Medicare) and XIX (Medicaid) of the Social Security Act or any other Federal program for the payment of health care costs for individuals with diseases attributable to the use of tobacco products; and (2) pay administrative expenses of the Fund. Requires each manufacturer of tobacco products to pay to the Fund an annual contribution based on the total amount of tobacco-related Federal health care costs in proportion to that manufacturer's share of the tobacco market.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Clean Vehicles Incentive Act of 2013''. SEC. 2. CLEAN-FUEL CREDIT WITH RESPECT TO BUSINESSES LOCATED IN NONATTAINMENT AREAS. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business-related credits) is amended by adding at the end the following new section: ``SEC. 45S. CLEAN-FUEL CREDIT WITH RESPECT TO BUSINESSES LOCATED IN NONATTAINMENT AREAS. ``(a) In General.--For purposes of section 38, in the case of an eligible business the clean-fuel credit determined under this section for the taxable year is the sum of-- ``(1) the clean-fuel property credit, plus ``(2) the clean-burning fuel use credit. ``(b) Clean-Fuel Property Credit.-- ``(1) In general.--The clean-fuel property credit is the sum of-- ``(A) qualified vehicle property costs, plus ``(B) qualified refueling property costs. ``(2) Qualified vehicle property costs.-- ``(A) In general.--For purposes of paragraph (1), the term `qualified vehicle property costs' means the amount paid or incurred by the eligible business for qualified clean-fuel vehicle property which is placed in service during the taxable year by the eligible business and substantially all of the use of which is in a nonattainment area. ``(B) Limitation.--The amount which may be taken into account under subparagraph (A) with respect to any motor vehicle shall not exceed-- ``(i) $8,000, in the case of a motor vehicle with a gross vehicle weight rating of not more than 8,500 pounds, ``(ii) $20,000, in the case of a motor vehicle with a gross vehicle weight rating of more than 8,500 pounds but not more than 14,000 pounds, ``(iii) $40,000, in the case of a motor vehicle with a gross vehicle weight rating of more than 14,000 pounds but not more than 26,000 pounds, and ``(iv) $80,000, in the case of a motor vehicle with a gross vehicle weight rating of more than 26,000 pounds. ``(C) Qualified clean-fuel vehicle property.--The term `qualified clean-fuel vehicle property' shall have the meaning given to such term by section 179A(c) (without regard to paragraphs (1)(A) and (3) thereof), except that such term does not include property that is a motor vehicle propelled by a fuel that is not a clean-burning fuel. ``(3) Qualified refueling property costs.-- ``(A) In general.--For purposes of paragraph (1), the term `qualified refueling property costs' means amounts paid or incurred by the eligible business for qualified clean-fuel vehicle refueling property (as defined by section 179A(d)) which is placed in service in a nonattainment area during the taxable year by the eligible business. ``(B) Limitation.-- ``(i) In general.--The aggregate cost which may be taken into account under subparagraph (A) with respect to qualified clean-fuel vehicle refueling property placed in service by the eligible business during the taxable year at a location shall not exceed the lesser of-- ``(I) $150,000, or ``(II) the cost of such property reduced by the amount described in clause (ii). ``(ii) Reduction for amounts previously taken into account.--For purposes of clause (i)(II), the amount described in this clause is the sum of-- ``(I) the aggregate amount taken into account under paragraph (1)(B) for all preceding taxable years, and ``(II) the aggregate amount taken into account under section 179A(a)(1)(B) by the taxpayer (or any related person or predecessor) with respect to property placed in service at such location for all preceding taxable years. ``(iii) Special rules.--For purposes of this subparagraph, the provisions of subparagraphs (B) and (C) of section 179A(b)(2) shall apply. ``(c) Clean-Burning Fuel Use Credit.-- ``(1) In general.--For purposes of subsection (a), the clean-burning fuel use credit is the amount equal to 50 cents for each gasoline gallon equivalent of clean-burning fuel used by an eligible business during the taxable year to propel qualified clean-fuel vehicle property. ``(2) Clean-burning fuel.--For purposes of paragraph (1), the term `clean-burning fuel' has the meaning given to such term by section 179A, except that such term includes compressed natural gas and biodiesel (as defined by section 40A(d)(1)). ``(3) Gasoline gallon equivalent.--For purposes of paragraph (1), the term `gasoline gallon equivalent' means, with respect to any clean burning fuel, the amount (determined by the Secretary) of such fuel having a Btu content of 114,000. ``(d) Other Definitions.--For purposes of this section-- ``(1) Eligible business.--The term `eligible business' means-- ``(A) a qualified business entity or a qualified proprietorship (as such terms are defined by section 1397C, determined by substituting `nonattainment area' for `empowerment zone' and `enterprise zone' each place it appears), and ``(B) a trade or business located outside of a nonattainment area, but only with respect to qualified clean-fuel vehicle property used substantially within a nonattainment area. ``(2) Nonattainment area.--The term `nonattainment area' shall have the meaning given to such term by section 171 of the Clean Air Act (42 U.S.C. 7501). ``(e) Denial of Double Benefit.--Except as provided in section 30B(d)(4), no credit shall be allowed under subsection (a) for any expense for which a deduction or credit is allowed under any other provision of this chapter. ``(f) Recapture.--The Secretary shall, by regulations, provide for recapturing the benefit under any credit allowable under subsection (a) with respect to any property substantially all of the use of which is not in a nonattainment area.''. (b) Credit Made Part of General Business Credit.--Subsection (b) of section 38 of such Code (relating to current year business credit) is amended by striking ``plus'' at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting ``, plus'', and by adding at the end thereof the following new paragraph: ``(37) the clean-fuel credit determined under section 45S.''. (c) Denial of Double Benefit.--Section 280C of such Code (relating to certain expenses for which credits are allowable) is amended by adding at the end thereof the following new subsection: ``(i) Zone Clean Fuels Expenses.--No deduction shall be allowed for that portion of expenses for clean-burning fuel otherwise allowable as a deduction for the taxable year which is equal to the amount of the credit determined for such taxable year under section 45S.''. (d) Credit Allowed Against Regular and Minimum Tax.--Subparagraph (B) of section 38(c)(4) of such Code (relating to specified credits) is amended by striking ``and'' at the end of clause (viii), by striking the period at the end of clause (ix) and inserting ``, and'', and by inserting after clause (ix) the following: ``(x) the credit determined under section 45S.''. (e) Deduction for Certain Unused Business Credits.--Subsection (c) of section 196 of such Code is amended by striking ``and'' at the end of paragraph (13), by striking the period at the end of paragraph (14) and inserting ``, and'', and by adding after paragraph (14) the following new paragraph: ``(15) the clean fuels credit determined under section 45S.''. (f) Conforming Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 45R the following new item: ``Sec. 45S. Clean-fuel credit with respect to businesses located in nonattainment areas.''. (g) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 2012. SEC. 3. CREDIT FOR HYBRID VEHICLES PLACED IN SERVICE IN NONATTAINMENT AREAS. (a) In General.--Subsection (d) of section 30B of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(4) Vehicles placed in service in nonattainment area after 2012.-- ``(A) In general.--No amount shall be allowed as a credit determined under this subsection for any taxable year beginning after 2012 with respect to a new qualified hybrid motor vehicle unless such vehicle is placed in service by an eligible business and substantially all of the use of which is in a nonattainment area. ``(B) Recapture.--The Secretary shall, by regulations, provide for recapturing the benefit under any credit allowable under subsection (a) by reason of subparagraph (A) with respect to any property substantially all of the use of which is not in a nonattainment area. ``(C) Phaseout not to apply.--For purposes of this subsection, subsection (f) shall not apply. ``(D) Definitions.--For purposes of this subsection, the terms `eligible business' and `nonattainment area' have the meanings given such terms by section 45S(d).''. (b) Extension of Credit for Hybrid Vehicles Placed in Service in Nonattainment Areas.--Paragraph (3) of section 30(k) of such Code is amended to read as follows: ``(3) in the case of a new qualified hybrid motor vehicle (as described in subsection (d)(2)(B))-- ``(A) December 31, 2009, and before January 1, 2013, or ``(B) December 31, 2012, and before January 1, 2018.''. (c) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 2012.

Summary: Clean Vehicles Incentive Act of 2013 - Amends the Internal Revenue Code to allow certain businesses located in areas designated as nonattainment areas under the Clean Air Act a general business tax credit for the cost of certain clean-fuel vehicle property and the use of clean-burning fuel. Allows the credit to be taken against regular and alternative minimum tax liabilities. Allows a tax deduction for any unused clean fuel credit amounts. Allows a new qualified hybrid motor vehicle tax credit for any taxable year after 2012 only for such a vehicle which is placed in service after December 31, 2012, by an eligible business and substantially all of the use of which is in a nonattainment area.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Improving Access to Child Care for Homeless Families Act of 2012''. SEC. 2. FINDINGS; SENSE OF CONGRESS. (a) Findings.--Congress makes the following findings: (1) Child and youth homelessness has increased by 38 percent during the period since 2006, and Head Start programs have registered a 44 percent increase in the number of homeless children served over that same period. (2) Among homeless children living in shelters supported by the Department of Housing and Urban Development, 50 percent are under 5 years old. (3) A 2010 study by the Eunice Kennedy Shriver National Institute of Child Health and Human Development found that children who had received high-quality care in the first few years of life scored higher on measures of academic and cognitive achievement when the children were 19 years old, and were less likely to misbehave, than children who had been enrolled in low-quality care in those years. (4) Homelessness has a negative impact on child development that surpasses the harmful impacts of poverty. A Head Start demonstration project serving homeless families indicated that the homeless children served had more instances of developmental delay, learning disabilities, and physical or mental health problems, compared with their low-income peers in stable housing. (5) For homeless families, residential instability, high mobility, documentation requirements, and lack of transportation are significant obstacles to accessing and retaining child care services. (6) According to a study by the Institute for Children, Poverty, and Homelessness, homeless families are less likely to receive government financial assistance for child care than families that are not homeless. (7) Without child care, homeless parents of young children struggle to search for employment, maintain employment, and enter job training programs. (8) Many parents who are domestic violence survivors who flee their homes try to find employment, but the parents are often limited by a lack of child care. In a survey of nearly 1,500 domestic violence survivors in domestic violence shelters, 29 percent indicated that they needed help with child care. (b) Sense of Congress.--It is the sense of Congress that-- (1)(A) Congress has enacted successful policies to increase homeless children's access to and stability in public elementary and secondary schools and Head Start programs; and (B) in order to increase homeless families' access to and continuity in child care, similar policies should be applied to Federal child care programs; and (2) such policies will assist homeless parents in maintaining employment and regaining housing, and will provide critical interventions to support that vulnerable population of children. SEC. 3. PURPOSE. The purpose of this Act is to ensure access to high-quality child care for homeless children and families. SEC. 4. CHILD CARE FOR HOMELESS CHILDREN. (a) Lead Agency Duties.--Section 658D(b)(1)(D) of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858b(b)(1)(D)) is amended by striking ``Federal, State and local child care and early childhood development programs.'' and inserting ``Federal, State, and local child care, early childhood development, and social service programs that shall include-- ``(1) Head Start and Early Head Start programs under the Head Start Act (42 U.S.C. 9831 et seq.); ``(2) programs, and services of partners, that serve vulnerable populations, including programs serving homeless children and services of local educational agency liaisons for homeless children and youths designated under subsection (g)(1)(J)(ii) of section 722 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11432); and ``(3) programs, and services of entities receiving grants, to provide to homeless veterans services authorized under chapter 20 of title 38, United States Code, consisting of housing, employment-related services (such as services under section 2021 or 2021A of such title), or supportive services (such as services authorized under section 2044 of such title).''. (b) Plan Requirements.--Section 658E(c) of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858c(c)) is amended-- (1) in paragraph (2)-- (A) in subparagraph (D), by inserting ``, Head Start and Early Head Start agencies under the Head Start Act (42 U.S.C. 9831 et seq.), State Coordinators designated under subsection (d)(3), and local educational agency liaisons for homeless children and youths designated under subsection (g)(1)(J)(ii), of section 722 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11432), local educational agencies and providers of early intervention services under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.),'' after ``children''; (B) in subparagraph (F)(i), by striking the semicolon and inserting ``and the establishment of a grace period that allows homeless children to receive services under this subchapter while their families are taking any necessary action to comply with immunization and other health and safety requirements;''; and (C) in subparagraph (H)-- (i) by striking ``and families'' and inserting ``families''; and (ii) by inserting ``, and families of homeless children'' before the period; (2) in paragraph (3)(B)-- (A) by inserting ``activities that improve access to such services (including transportation to child care services, procedures to permit immediate enrollment of homeless children while required documentation is obtained, training and technical assistance on identifying and serving homeless children and their families, and specific outreach to families described in paragraph (2)(H)),'' after ``availability of such services,''; and (B) by inserting ``, to homeless children,'' after ``family size)''; and (3) in paragraph (5), by adding at the end the following: ``Each sliding fee scale shall be applied using measures to ensure that cost sharing is not a barrier to the enrollment of families of homeless children.''. (c) Access and Outreach to Families of Homeless Children.--Section 658G of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858e) is amended-- (1) by inserting ``(such as resource and referral services)'' after ``and activities''; and (2) by striking ``(such as resource and referral services).'' and inserting ``, including developing strategies and partnerships to provide transportation to child care services and specific outreach to families described in section 658E(c)(2)(H)).'' after ``availability of child care''. (d) Reports.--Section 658K(a)(1)(B) of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858i(a)(1)(B)) is amended-- (1) in clause (ix), by striking ``and'' at the end; (2) in clause (x), by adding ``and'' at the end; and (3) by inserting after clause (x) the following: ``(xi) whether the children receiving assistance under this subchapter are homeless children;''. SEC. 5. PILOT PROGRAM. (a) Redesignation.--Section 658L of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858j) is amended-- (1) by striking the section heading; (2) by inserting ``(c) Report by Secretary.--'' before ``Not later''; (3) by striking ``section 658K'' and inserting ``this section''; and (4) by moving subsection (c) (as redesignated by paragraph (2)) to the end of section 658K. (b) Establishment of Program.--The Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.) is amended by inserting after section 658K (42 U.S.C. 9858i), as amended by subsection (a), the following: ``SEC. 658L. PILOT PROGRAM. ``(a) In General.--The Secretary shall carry out a pilot program to identify and implement best practices for increasing access to and continuity of child care for homeless children. ``(b) Grants.--In carrying out the pilot program, the Secretary shall award to States not more than 5 grants of not more than $5,000,000 per grant. Each grant shall be for a period of not more than 3 years, beginning not later than March 31, 2013. ``(c) Application.--In order to be eligible to receive a grant under this section, a State shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary shall require. ``(d) Use of Funds.--A State that receives a grant under this section shall use the funds made available under the grant-- ``(1) to establish a pilot project for-- ``(A) implementing promising practices for increasing access to and continuity of child care for homeless children; and ``(B) identifying the best practices; and ``(2) to carry out subsection (e)(1). ``(e) Assessments and Reports.-- ``(1) State responsibilities.-- ``(A) Assessment.--A State that receives a grant under this section shall carry out data collection for and an assessment of its pilot project described in subsection (d)(1). ``(B) Report to the secretary.--Not later than 42 months after the first day of the grant period for a pilot project described in subsection (d)(1), the State carrying out the pilot project shall submit to the Secretary a report containing a summary of the results of the assessment described in subparagraph (A), including a description of the best practices identified. ``(2) Secretarial responsibilities.--Not later than 4 years after the first day of the latest grant period for a pilot project, the Secretary shall submit to Congress a report containing a summary of the reports received under paragraph (1) and a recommendation concerning whether and how to expand the pilot projects carried out with best practices. ``(f) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2013 through 2015, which shall remain available through fiscal year 2017.''. SEC. 6. DEFINITIONS. Section 658P of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858n) is amended-- (1) in paragraph (4)(C)-- (A) in clause (i), by striking ``or'' at the end; (B) in clause (ii), by striking the period and inserting ``; or''; and (C) by adding at the end the following: ``(iii) is a homeless child.''; and (2) by adding at the end the following: ``(15) Homeless child.--The term `homeless child' means a homeless child or youth, as defined under section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a).''.

Summary: Improving Access to Child Care for Homeless Families Act of 2012 - Expresses the sense of Congress that: (1) Congress has enacted successful policies to increase homeless children's access to and stability in public elementary and secondary schools and Head Start Programs; (2) in order to increase homeless families' access to and continuity in care, similar policies should be applied to federal child care programs; and (3) such policies will assist homeless parents in maintaining employment and regaining housing, and will provide critical interventions to support that vulnerable population of children. Amends the Child Care and Development Block Grant Act of 1990 to require the lead agency to coordinate the provision of services under such Act with social services programs that include: (1) Head Start and Early Head Start programs under the Head Start Act; (2) programs and services of partners that serve vulnerable populations; and (3) programs and services of entities receiving grants to provide homeless veterans with housing, employment-related services, or supportive services. Revises state plan requirements to require consideration of homeless children in the use of funds for child care services and activities. Requires the Secretary of Health and Human Services (HHS) to carry out a pilot program of grants to states to identify and implement best practices for increasing access to and continuity of child care for homeless children.


SECTION 1. SCIENCE AND TECHNOLOGY. The Homeland Security Act of 2002 (Public Law 107-296) is amended-- (1) in section 308, by striking subsections (a) through (c)(1) and inserting in lieu thereof the following: ``(a) In General.--The Secretary, acting through the Under Secretary for Science and Technology, shall carry out the responsibilities under section 302(4) through both extramural and intramural programs. ``(b) Extramural Programs.-- ``(1) In general.--The Secretary, acting through the Under Secretary for Science and Technology, shall operate extramural research, development, demonstration, testing, and evaluation programs so as to-- ``(A) ensure that colleges, universities, private research institutes, and companies (and consortia thereof) from as many areas of the United States as practicable participate; ``(B) ensure that the research funded is of high quality, as determined through merit review processes developed under section 302(14); and ``(C) distribute funds through grants, cooperative agreements, and contracts. ``(2) University-based centers for homeland security.-- ``(A) Designation.--The Secretary, acting through the Under Secretary for Science and Technology, shall designate a university-based center or several university-based centers for homeland security. The purpose of the center or these centers shall be to establish a coordinated, university-based system to enhance the Nation's homeland security. ``(B) Criteria for designation.--Criteria for the designation of colleges or universities as a center for homeland security, shall include, but are not limited to, demonstrated expertise in the following: ``(i) The training of first responders. ``(ii) Responding to incidents involving weapons of mass destruction and biological warfare. ``(iii) Emergency and diagnostic medical services. ``(iv) Chemical, biological, radiological, and nuclear countermeasures or detection. ``(v) Animal and plant health and diagnostics. ``(vi) Food safety. ``(vii) Water and wastewater operations. ``(viii) Port and waterway security. ``(ix) Multi-modal transportation. ``(x) Information security and information engineering. ``(xi) Engineering. ``(xii) Educational outreach and technical assistance. ``(xiii) Border transportation and security. ``(xiv) The public policy implications and public dissemination of homeland security related research and development. ``(C) Discretion of secretary.--With respect to the designation of any given university-based center for homeland security, the Secretary may except certain criteria as specified in section 308(b)(2)(B) to the extent they are unnecessary to further homeland security interests for the purpose of that designation, and consider additional criteria beyond those specified in section 308(b)(2)(B) if necessary to meet the needs of homeland security. Upon designation of a university- based center for homeland security, the Secretary shall that day publish in the Federal Register the criteria that were excepted or added in the selection process and the justification for the set of criteria that were used for that designation. ``(D) Report to congress.--The Secretary shall report annually, from the date of enactment, to Congress concerning the implementation of this section. That report shall indicate which center or centers have been designated and how the designation or designations enhance homeland security, as well as report any decisions to revoke or modify such designations. ``(E) Authorization of appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this paragraph. ``(c) Intramural Programs.-- ``(1) Consultation.--In carrying out the duties under section 302, the Secretary, acting through the Under Secretary for Science and Technology, may draw upon the expertise of any laboratory of the Federal Government, whether operated by a contractor or the Government.''; and (2) in subsection 835(d) by striking all after the word ``security'' and inserting in lieu thereof a period. SEC. 2. NON-PREJUDICIAL REPEAL OF SECTIONS 1714 THROUGH 1717 OF THE HOMELAND SECURITY ACT OF 2002. (a) Repeal.--In accordance with subsection (c), sections 1714 through 1717 of the Homeland Security Act of 2002 (Public Law 107-296) are repealed. (b) Application of the Public Health Service Act.--The Public Health Service Act (42 U.S.C. 201 et seq.) shall be applied and administered as if the sections repealed by subsection (a) had never been enacted. (c) Rule of Construction.--No inference shall be drawn from the enactment of sections 1714 through 1717 of the Homeland Security Act of 2002 (Public Law 107-296), or from this repeal, regarding the law prior to enactment of sections 1714 through 1717 of the Homeland Security Act of 2002 (Public Law 107-296). Further, no inference shall be drawn that subsection (a) or (b) effects any change in that prior law, or that Leroy v. Secretary of Health and Human Services, Office of Special Master, No. 02-392V (October 11, 2002), was incorrectly decided. (d) Sense of the House of Representatives.--It is the sense of the House of Representatives that-- (1) the Nation's ability to produce and develop new and effective vaccines faces significant challenges, and important steps are needed to revitalize our immunization efforts in order to ensure an adequate supply of vaccines and to encourage the development of new vaccines; (2) these steps include ensuring that patients who have suffered vaccine-related injuries have the opportunity to seek fair and timely redress, and that vaccine manufacturers, manufacturers of components or ingredients of vaccines, and physicians and other administrators of vaccines have adequate protections; (3) prompt action is particularly critical given that vaccines are a front line of defense against common childhood and adult diseases, as well as against current and future biological threats; and (4) not later than 6 months after the date of the enactment of this Act, the Committee on Energy and Commerce should report a bill addressing the issues described in paragraphs (1) through (3). SEC. 3. WAIVERS RELATING TO CONTRACTS WITH CORPORATE EXPATRIATES. Section 835 of the Homeland Security Act of 2002 (Public Law 107- 296) is amended by striking subsection (d) and inserting the following: ``(d) Waivers.--The Secretary shall waive subsection (a) with respect to any specific contract if the Secretary determines that the waiver is required in the interest of homeland security.''. SEC. 4. EFFECTIVE DATE. The amendments made by this Act shall take effect as though enacted as part of the Homeland Security Act of 2002 (Public Law 107-296).

Summary: Amends the Homeland Security Act of 2002 to direct the Secretary of Homeland Security, acting through the Under Secretary for Science and Technology, to designate one or more university-based centers for homeland security. (Currently, the Secretary is required to establish one or more centers within one year after enactment of the Act.) Includes diagnostic medical services and information engineering as criteria for such designation. Authorizes the Secretary to except certain criteria and to consider additional criteria with respect to such designation in order to further homeland security interests.Repeals provisions of the Act which amend the Public Health Service Act to revise definitions of vaccine, vaccine manufacturer, and vaccine-related injury or death.Expresses the sense of the House of Representatives that the Committee on Energy and Commerce should report a bill addressing: (1) revitalizing immunization efforts by ensuring an adequate supply of vaccines and encouraging the development of new vaccines; and (2) ensuring that patients who have suffered vaccine-related injuries have an opportunity for fair redress and that vaccine manufacturers, physicians, and other administrators have adequate protections.Removes the authority of the Secretary to waive a prohibition on contracts with corporate expatriates when the Secretary determines that the waiver will prevent either the loss of jobs in the United States or costs that the Government otherwise would not occur.


TITLE I--PROHIBITION ON USE OF FUNDS FOR THE PARTICIPATION OF CERTAIN CHINESE OFFICIALS IN CONFERENCES, EXCHANGES, PROGRAMS, AND ACTIVITIES SEC. 101. PROHIBITION ON USE OF FUNDS. (a) Prohibition.--Notwithstanding any other provision of law, for fiscal years after fiscal year 1997, no funds appropriated or otherwise made available for the Department of State, the United States Information Agency, and the United States Agency for International Development may be used for the purpose of providing travel expenses and per diem for the participation of nationals of the People's Republic of China described in paragraphs (1) and (2) in conferences, exchanges, programs, and activities: (1) The head or political secretary of any of the following Chinese Government-created or approved organizations: (A) The Chinese Buddhist Association. (B) The Chinese Catholic Patriotic Association. (C) The National Congress of Catholic Representatives. (D) The Chinese Catholic Bishops' Conference. (E) The Chinese Protestant ``Three Self'' Patriotic Movement. (F) The China Christian Council. (G) The Chinese Taoist Association. (H) The Chinese Islamic Association. (2) Any military or civilian official or employee of the Government of the People's Republic of China who is directly involved in any of the following policies or practices or who was responsible for the supervision of persons directly involved in such policies or practices: (A) Formulating, drafting, or implementing repressive religious policies. (B) Imprisoning, detaining, or harassing individuals on religious grounds. (C) Promoting or participating in policies or practices which hinder religious activities or the free expression of religious beliefs. (b) Certification.-- (1) Each Federal agency subject to the prohibition of subsection (a) shall certify in writing to the appropriate congressional committees no later than 120 days after the date of enactment of this Act, and every 90 days thereafter, that it did not pay, either directly or through a contractor or grantee, for travel expenses or per diem of any national of the People's Republic of China described in subsection (a). (2) Each certification under paragraph (1) shall be supported by the following information: (A) The name of each employee of any agency of the Government of the People's Republic of China whose travel expenses or per diem were paid by funds of the reporting agency of the United States Government. (B) The procedures employed by the reporting agency of the United States Government to ascertain whether each individual under subparagraph (A) did or did not participate in activities described in subsection (a)(2). (C) The reporting agency's basis for concluding that each individual under subparagraph (A) did not participate in such activities. (c) Definition of Appropriate Congressional Committees.--For purposes of this section the term ``appropriate congressional committees'' means the Committee on Foreign Relations of the Senate and the Committee on International Relations of the House of Representatives. SEC. 102. SUNSET PROVISION. Section 101 shall cease to have effect 4 years after the date of the enactment of this Act. TITLE II--AUTHORIZATION OF APPROPRIATIONS FOR INCREASED FUNDING FOR RADIO FREE ASIA AND VOICE OF AMERICA SEC. 201. AUTHORIZATION OF APPROPRIATIONS FOR INCREASED FUNDING. (a) Authorization of Appropriations for International Broadcasting to China.--In addition to such sums as are otherwise authorized to be appropriated for ``International Broadcasting Activities'' for fiscal years 1998 and 1999, there are authorized to be appropriated for ``International Broadcasting Activities'' $46,900,000 for fiscal year 1998 and $31,200,000 for fiscal year 1999, which shall be available only for broadcasting to China. (b) Limitations.-- (1) Radio free asia.-- (A) Of the funds authorized to be appropriated under subsection (a) $26,900,000 is authorized to be appropriated for fiscal year 1998 and $21,200,000 is authorized to be appropriated for fiscal year 1999 for Radio Free Asia. (B) Of the funds under subparagraph (A), $1,200,000 is authorized to be appropriated for each such fiscal year for additional personnel to staff Cantonese language broadcasting. (C) Of the funds under subparagraph (A) authorized to be appropriated for fiscal year 1998, $900,000 is authorized to be appropriated for additional advanced editing equipment. (2) 1998.-- (A) Of the funds under subsection (a) authorized to be appropriated for fiscal year 1998, $11,800,000 is authorized to be appropriated for capital expenditures for the purchase and construction of transmission facilities. (B) Of the funds under subsection (a) authorized to be appropriated for fiscal year 1998, $3,000,000 is authorized to be appropriated to facilitate the timely augmentation of transmitters at Tinian, Commonwealth of Northern Marianas. (c) Allocation.--Of the amounts authorized to be appropriated under subsection (a), the Director of the United States Information Agency and the Board of Broadcasting Governors shall seek to ensure that the amounts made available for broadcasting to nations whose people do not fully enjoy freedom of expression do not decline in proportion to the amounts made available for broadcasting to other nations. SEC. 202. REPORTING REQUIREMENT. Not later than 90 days after the date of enactment of this Act, in consultation with the Board of Broadcasting Governors, the President shall prepare and transmit to Congress a report on a plan to achieve continuous broadcasting of Radio Free Asia and Voice of America to the People's Republic of China in multiple major dialects and languages. SEC. 203. REDUCTION IN AUTHORIZATION OF APPROPRIATIONS FOR MIGRATION AND REFUGEE ASSISTANCE. Notwithstanding any other provision of law, such amounts as are authorized to be appropriated for ``Migration and Refugee Assistance'' for fiscal year 1998 shall be reduced by $21,900,000 and for fiscal year 1999 shall be reduced by $6,200,000. TITLE III--MISCELLANEOUS PROVISIONS SEC. 301. AUTHORIZATION OF APPROPRIATIONS FOR ADDITIONAL PERSONNEL AT DIPLOMATIC POSTS TO MONITOR HUMAN RIGHTS IN THE PEOPLE'S REPUBLIC OF CHINA. There are authorized to be appropriated to support personnel to monitor political repression in the People's Republic of China in the United States Embassy in Beijing, as well as the American consulates in Guangzhou, Shanghai, Shenyang, Chengdu, and Hong Kong, $2,200,000 for fiscal year 1998 and $2,200,000 for fiscal year 1999. SEC. 302. CONGRESSIONAL STATEMENT OF POLICY. It is the sense of the Congress that the President should make freedom of religion one of the major objectives of United States foreign policy with respect to China. As part of this policy, the Department of State should raise in every relevant bilateral and multilateral forum the issue of individuals imprisoned, detained, confined, or otherwise harassed by the Chinese Government on religious grounds. In its communications with the Chinese Government, the Department of State should provide specific names of individuals of concern and request a complete and timely response from the Chinese Government regarding the individuals' whereabouts and condition, the charges against them, and sentence imposed. The goal of these official communications should be the expeditious release of all religious prisoners in China and the end of the Chinese Government's policy and practice of harassing and repressing religious believers.

Summary: TABLE OF CONTENTS: Title I: Prohibition on Use of Funds for the Participation of Certain Chinese Officials in Conferences, Exchanges, Programs, and Activities Title II: Authorization of Appropriations for Increased Funding for Radio Free Asia and Voice of America Title III: Miscellaneous Provisions Title I: Prohibition on Use of Funds for the Participation of Certain Chinese Officials in Conferences, Exchanges, Programs, and Activities - Prohibits certain U.S. agencies from funding the travel and per diem expenses of certain nationals of the People's Republic of China for participation in conferences, exchanges, programs, and activities. Title II: Authorization of Appropriations for Increased Funding for Radio Free Asia and Voice of America - Authorizes appropriations for International Broadcasting Activities for FY 1998 and 1999 in addition to sums previously authorized. Details allocation of such additional appropriations for Radio Free Asia. Instructs the Director of the United States Information Agency and the Board of Broadcasting Governors to seek to ensure that funds made available for broadcasting to nations whose people do not fully enjoy freedom of expression do not decline in proportion to amounts made available for broadcasting to other nations. (Sec. 202) Directs the President to report to the Congress on a plan to achieve continuous broadcasting of Radio Free Asia and Voice of America in multiple major dialects and languages to the People's Republic of China. (Sec. 203) Reduces authorization of appropriations for FY 1998 and 1999 for Migration and Refugee Assistance. Title III: Miscellaneous Provisions - Authorizes appropriations for FY 1998 and 1999 to support personnel in the United States Embassy in Beijing as well as in selected American consulates to monitor political repression in the People's Republic of China. Expresses the sense of the Congress that: (1) the President should make freedom of religion one of the major objectives of U.S. foreign policy with respect to China; (2) the Department of State should raise the issue of individuals imprisoned or otherwise harassed by the Chinese Government on religious grounds and request a complete and timely response from the Chinese Government regarding the individuals' whereabouts and condition, the charges against them, and the sentence imposed; and (3) the goal of official communications should be the expeditious release of all religious prisoners in China and the end of religious harassment and repression.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Drug Formulary Protection Act''. SEC. 2. REMOVAL OF COVERED PART D DRUGS FROM THE PRESCRIPTION DRUG PLAN FORMULARY. (a) Limitation on Removal or Change of Covered Part D Drugs From the Prescription Drug Plan Formulary.--Section 1860D-4(b)(3)(E) of the Social Security Act (42 U.S.C. 1395w-104(b)(3)(E)) is amended to read as follows: ``(E) Removing a drug from formulary or imposing a restriction or limitation on coverage.-- ``(i) Limitation on removal, limitation, or restriction.-- ``(I) In general.--Subject to subclause (II) and clause (ii), beginning with 2006, the PDP sponsor of a prescription drug plan may not remove a covered part D drug from the plan formulary or impose a restriction or limitation on the coverage of such a drug (such as through the application of a preferred status, usage restriction, step therapy, prior authorization, or quantity limitation) other than at the beginning of each plan year except as the Secretary may permit to take into account new therapeutic uses and newly covered part D drugs. ``(II) Special rule for newly enrolled individuals.--Subject to clause (ii), in the case of an individual who enrolls in a prescription drug plan on or after the date of enactment of this subparagraph, the PDP sponsor of such plan may not remove a covered part D drug from the plan formulary or impose a restriction or limitation on the coverage of such a drug (such as through the application of a preferred status, usage restriction, step therapy, prior authorization, or quantity limitation) during the period beginning on the date of such enrollment and ending on December 31 of the immediately succeeding plan year except as the Secretary may permit to take into account new therapeutic uses and newly covered part D drugs. ``(ii) Exceptions to limitation on removal.--Clause (i) shall not apply with respect to a covered part D drug that-- ``(I) is a brand name drug for which there is a generic drug approved under section 505(j) of the Food and Drug Cosmetic Act (21 U.S.C. 355(j)) that is placed on the market during the period in which there are limitations on removal or change in the formulary under subclause (I) or (II) of clause (i); ``(II) is a brand name drug that goes off-patent during such period; ``(III) is a drug for which the Commissioner of Food and Drugs issues a clinical warning that imposes a restriction or limitation on the drug during such period; or ``(IV) has been determined to be ineffective during such period. ``(iii) Notice of removal under application of exception to limitation.--The PDP sponsor of a prescription drug plan shall provide appropriate notice (such as under subsection (a)(3)) of any removal or change under clause (ii) to the Secretary, affected enrollees, physicians, pharmacies, and pharmacists.''. (b) Notice for Change in Formulary and Other Restrictions or Limitations on Coverage.-- (1) In general.--Section 1860D-4(a) of such Act (42 U.S.C. 1395w-104(a)) is amended by adding at the end the following new paragraph: ``(5) Annual notice of changes in formulary and other restrictions or limitations on coverage.--Each PDP sponsor offering a prescription drug plan shall furnish to each enrollee at the time of each annual coordinated election period (referred to in section 1860D-1(b)(1)(B)(iii)) for a plan year a notice of any changes in the formulary or other restrictions or limitations on coverage of a covered part D drug under the plan that will take effect for the plan year.''. (2) Effective date.--The amendment made by paragraph (1) shall apply to annual coordinated election periods beginning after the date of the enactment of this Act.

Summary: Medicare Drug Formulary Protection Act - Amends title XVIII (Medicare) of the Social Security Act to prohibit removal of covered part D (Voluntary Prescription Drug Benefit Program) drugs from a prescription drug plan formulary, or imposition of a restriction or limitation on the coverage of such a drug, during the plan year: (1) except at the beginning; or (2) for an individual enrollee, from the date of enrollment until December 31 of the immediately succeeding plan year. Specifies exceptions to such prohibition. Requires an annual notice to enrollees of changes in formulary and other restrictions or limitations on coverage.


TITLE III--RURAL HEALTH CARE IMPROVEMENTS SEC. 301. REFERENCE TO FULL MARKET BASKET INCREASE FOR SOLE COMMUNITY HOSPITALS. For provision eliminating any reduction from full market basket in the update for inpatient hospital services for sole community hospitals, see section 401. SEC. 302. ENHANCED DISPROPORTIONATE SHARE HOSPITAL (DSH) TREATMENT FOR RURAL HOSPITALS AND URBAN HOSPITALS WITH FEWER THAN 100 BEDS. (a) Blending of Payment Amounts.-- (1) In general.--Section 1886(d)(5)(F) (42 U.S.C. 1395ww(d)(5)(F)) is amended by adding at the end the following new clause: ``(xiv)(I) In the case of discharges in a fiscal year beginning on or after October 1, 2002, subject to subclause (II), there shall be substituted for the disproportionate share adjustment percentage otherwise determined under clause (iv) (other than subclause (I)) or under clause (viii), (x), (xi), (xii), or (xiii), the old blend proportion (specified under subclause (III)) of the disproportionate share adjustment percentage otherwise determined under the respective clause and 100 percent minus such old blend proportion of the disproportionate share adjustment percentage determined under clause (vii) (relating to large, urban hospitals). ``(II) Under subclause (I), the disproportionate share adjustment percentage shall not exceed 10 percent for a hospital that is not classified as a rural referral center under subparagraph (C). ``(III) For purposes of subclause (I), the old blend proportion for fiscal year 2003 is 80 percent, for each subsequent year (through 2006) is the old blend proportion under this subclause for the previous year minus 20 percentage points, and for each year beginning with 2007 is 0 percent.''. (2) Conforming amendments.--Section 1886(d)(5)(F) (42 U.S.C. 1395ww(d)(5)(F)) is amended-- (A) in each of subclauses (II), (III), (IV), (V), and (VI) of clause (iv), by inserting ``subject to clause (xiv) and'' before ``for discharges occurring''; (B) in clause (viii), by striking ``The formula'' and inserting ``Subject to clause (xiv), the formula''; and (C) in each of clauses (x), (xi), (xii), and (xiii), by striking ``For purposes'' and inserting ``Subject to clause (xiv), for purposes''. (b) Effective Date.--The amendments made by this section shall apply with respect to discharges occurring on or after October 1, 2002. SEC. 303. 2-YEAR PHASED-IN INCREASE IN THE STANDARDIZED AMOUNT IN RURAL AND SMALL URBAN AREAS TO ACHIEVE A SINGLE, UNIFORM STANDARDIZED AMOUNT. Section 1886(d)(3)(A)(iv) (42 U.S.C. 1395ww(d)(3)(A)(iv)) is amended-- (1) by striking ``(iv) For discharges'' and inserting ``(iv)(I) Subject to the succeeding provisions of this clause, for discharges''; and (2) by adding at the end the following new subclauses: ``(II) For discharges occurring during fiscal year 2003, the average standardized amount for hospitals located other than in a large urban area shall be increased by \1/2\ of the difference between the average standardized amount determined under subclause (I) for hospitals located in large urban areas for such fiscal year and such amount determined (without regard to this subclause) for other hospitals for such fiscal year. ``(III) For discharges occurring in a fiscal year beginning with fiscal year 2004, the Secretary shall compute an average standardized amount for hospitals located in any area within the United States and within each region equal to the average standardized amount computed for the previous fiscal year under this subparagraph for hospitals located in a large urban area (or, beginning with fiscal year 2005, for hospitals located in any area) increased by the applicable percentage increase under subsection (b)(3)(B)(i).''. SEC. 304. MORE FREQUENT UPDATE IN WEIGHTS USED IN HOSPITAL MARKET BASKET. (a) More Frequent Updates in Weights.--After revising the weights used in the hospital market basket under section 1886(b)(3)(B)(iii) of the Social Security Act (42 U.S.C. 1395ww(b)(3)(B)(iii)) to reflect the most current data available, the Secretary shall establish a frequency for revising such weights in such market basket to reflect the most current data available more frequently than once every 5 years. (b) Report.--Not later than October 1, 2003, the Secretary shall submit a report to Congress on the frequency established under subsection (a), including an explanation of the reasons for, and options considered, in determining such frequency. SEC. 305. IMPROVEMENTS TO CRITICAL ACCESS HOSPITAL PROGRAM. (a) Reinstatement of Periodic Interim Payment (PIP).--Section 1815(e)(2) (42 U.S.C. 1395g(e)(2)) is amended-- (1) by striking ``and'' at the end of subparagraph (C); (2) by adding ``and'' at the end of subparagraph (D); and (3) by inserting after subparagraph (D) the following new subparagraph: ``(E) inpatient critical access hospital services;''. (b) Condition for Application of Special Physician Payment Adjustment.--Section 1834(g)(2) (42 U.S.C. 1395m(g)(2)) is amended by adding after and below subparagraph (B) the following: ``The Secretary may not require, as a condition for applying subparagraph (B) with respect to a critical access hospital, that each physician providing professional services in the hospital must assign billing rights with respect to such services, except that such subparagraph shall not apply to those physicians who have not assigned such billing rights.''. (c) Flexibility in Bed Limitation for Hospitals With Strong Seasonal Census Fluctuations.--Section 1820 (42 U.S.C. 1395i-4) is amended-- (1) in subsection (c)(2)(B)(iii), by inserting ``subject to paragraph (3)'' after ``(iii) provides''; (2) by adding at the end of subsection (c) the following new paragraph: ``(3) Increase in maximum number of beds for hospitals with strong seasonal census fluctuations.-- ``(A) In general.--In the case of a hospital that demonstrates that it meets the standards established under subparagraph (B), the bed limitations otherwise applicable under paragraph (2)(B)(iii) and subsection (f) shall be increased by 5 beds. ``(B) Standards.--The Secretary shall specify standards for determining whether a critical access hospital has sufficiently strong seasonal variations in patient admissions to justify the increase in bed limitation provided under subparagraph (A).''; and (3) in subsection (f), by adding at the end the following new sentence: ``The limitations in numbers of beds under the first sentence are subject to adjustment under subsection (c)(3).''. (d) 5-Year Extension of the Authorization for Appropriations for Grant Program.--Section 1820(j) (42 U.S.C. 1395i-4(j)) is amended by striking ``through 2002'' and inserting ``through 2007''. (e) Effective Dates.-- (1) Reinstatement of pip.--The amendments made by subsection (a) shall apply to payments made on or after January 1, 2003. (2) Physician payment adjustment condition.--The amendment made by subsection (b) shall be effective as if included in the enactment of section 403(d) of the Medicare, Medicaid, and SCHIP Balanced Budget Refinement Act of 1999 (113 Stat. 1501A- 371). (3) Flexibility in bed limitation.--The amendments made by subsection (c) shall apply to designations made on or after January 1, 2003, but shall not apply to critical access hospitals that were designated as of such date. SEC. 306. EXTENSION OF TEMPORARY INCREASE FOR HOME HEALTH SERVICES FURNISHED IN A RURAL AREA. (a) In General.--Section 508(a) BIPA (114 Stat. 2763A-533) is amended-- (1) by striking ``24-Month Increase Beginning April 1, 2001'' and inserting ``In General''; and (2) by striking ``April 1, 2003'' and inserting ``January 1, 2005''. (b) Conforming Amendment.--Section 547(c)(2) of BIPA (114 Stat. 2763A-553) is amended by striking ``the period beginning on April 1, 2001, and ending on September 30, 2002,'' and inserting ``a period under such section''. SEC. 307. REFERENCE TO 10 PERCENT INCREASE IN PAYMENT FOR HOSPICE CARE FURNISHED IN A FRONTIER AREA AND RURAL HOSPICE DEMONSTRATION PROJECT. For-- (1) provision of 10 percent increase in payment for hospice care furnished in a frontier area, see section 422; and (2) provision of a rural hospice demonstration project, see section 423. SEC. 308. REFERENCE TO PRIORITY FOR HOSPITALS LOCATED IN RURAL OR SMALL URBAN AREAS IN REDISTRIBUTION OF UNUSED GRADUATE MEDICAL EDUCATION RESIDENCIES. For provision providing priority for hospitals located in rural or small urban areas in redistribution of unused graduate medical education residencies, see section 612. SEC. 309. GAO STUDY OF GEOGRAPHIC DIFFERENCES IN PAYMENTS FOR PHYSICIANS' SERVICES. (a) Study.--The Comptroller General of the United States shall conduct a study of differences in payment amounts under the physician fee schedule under section 1848 of the Social Security Act (42 U.S.C. 1395w-4) for physicians' services in different geographic areas. Such study shall include-- (1) an assessment of the validity of the geographic adjustment factors used for each component of the fee schedule; (2) an evaluation of the measures used for such adjustment, including the frequency of revisions; and (3) an evaluation of the methods used to determine professional liability insurance costs used in computing the malpractice component, including a review of increases in professional liability insurance premiums and variation in such increases by State and physician specialty and methods used to update the geographic cost of practice index and relative weights for the malpractice component. (b) Report.--Not later than 1 year after the date of the enactment of this Act, the Comptroller General shall submit to Congress a report on the study conducted under subsection (a). The report shall include recommendations regarding the use of more current data in computing geographic cost of practice indices as well as the use of data directly representative of physicians' costs (rather than proxy measures of such costs). SEC. 310. PROVIDING SAFE HARBOR FOR CERTAIN COLLABORATIVE EFFORTS THAT BENEFIT MEDICALLY UNDERSERVED POPULATIONS. (a) In General.--Section 1128B(b)(3) (42 U.S.C. 1320a-7(b)(3)) is amended-- (1) in subparagraph (E), by striking ``and'' after the semicolon at the end; (2) in subparagraph (F), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following new subparagraph: ``(G) any remuneration between a public or nonprofit private health center entity described under clause (i) or (ii) of section 1905(l)(2)(B) and any individual or entity providing goods, items, services, donations or loans, or a combination thereof, to such health center entity pursuant to a contract, lease, grant, loan, or other agreement, if such agreement contributes to the ability of the health center entity to maintain or increase the availability, or enhance the quality, of services provided to a medically underserved population served by the health center entity.''. (b) Rulemaking for Exception for Health Center Entity Arrangements.-- (1) Establishment.-- (A) In general.--The Secretary of Health and Human Services (in this subsection referred to as the ``Secretary'') shall establish, on an expedited basis, standards relating to the exception described in section 1128B(b)(3)(G) of the Social Security Act, as added by subsection (a), for health center entity arrangements to the antikickback penalties. (B) Factors to consider.--The Secretary shall consider the following factors, among others, in establishing standards relating to the exception for health center entity arrangements under subparagraph (A): (i) Whether the arrangement between the health center entity and the other party results in savings of Federal grant funds or increased revenues to the health center entity. (ii) Whether the arrangement between the health center entity and the other party expands or enhances a patient's freedom of choice. (iii) Whether the arrangement between the health center entity and the other party protects a health care professional's independent medical judgment regarding medically appropriate treatment. The Secretary may also include other standards and criteria that are consistent with the intent of Congress in enacting the exception established under this section. (2) Interim final effect.--No later than 180 days after the date of enactment of this Act, the Secretary shall publish a rule in the Federal Register consistent with the factors under paragraph (1)(B). Such rule shall be effective and final immediately on an interim basis, subject to such change and revision, after public notice and opportunity (for a period of not more than 60 days) for public comment, as is consistent with this subsection.

Summary: Title III: Rural Health Care Improvements (sic) - Amends title XVIII (Medicare) of the Social Security Act to provide that, starting for discharges on or after October 1, 2002, hospitals (other than urban hospitals with 100 or more beds or certain public hospitals) will receive payments based on a blend of their current disproportionate share (DSH) adjustment and the current DSH adjustment for large urban hospitals. Limits such new DSH adjustment to ten percent for any hospital that is not classified as a rural referral center.(Sec. 303) Provides that for discharges occurring: (1) during FY 2003, the average standardized amount for hospitals located other than in a large urban area shall be increased by half the difference between the average standardized amount for hospitals located in large urban areas for such fiscal year, and such amount determined for other hospitals for such fiscal year; and (2) during FY 2004 and afterwards, the Secretary shall compute one standardized amount for all hospitals increased by the applicable percentage increase, and use this amount to pay all hospitals.(Sec. 304) Directs the Secretary of Health and Human Services, after revising the market basket cost weights to reflect the most current data available, to establish a frequency for revising such weights to reflect the most current data available more frequently than once every five years.(Sec. 305) Revises the critical access hospital (CAH) program to: (1) reinstate payments made on a periodic interim payment basis for inpatient services starting with payments made on or after January 1, 2003; (2) prohibit the Secretary from requiring as a condition for applying the special physician payment adjustment with respect to a CAH, that each physician providing professional services in the hospital must assign billing rights with respect to such services; (3) direct the Secretary to specify standards for determining whether a CAH has sufficiently strong seasonal variations in patient admissions to justify a five bed increase in the number of inpatient acute beds it can maintain and still retain its classification as a CAH; and (4) extend the authorization of appropriations for the Medicare rural hospital flexibility program through FY 2007.Prohibits the Secretary from recouping (or otherwise seeking to recover) overpayments made for outpatient critical access hospital services under Medicare part B for services furnished in cost reporting periods that began before October 1, 2002, insofar as such overpayments are attributable to payment being based on 80 percent of reasonable costs (instead of 100 percent of reasonable costs minus 20 percent of charges).(Sec. 306) Amends the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000 (BIPA) to extend through December 31, 2004, the ten percent additional payment for home health care furnished to beneficiaries residing in rural areas.(Sec. 309) Directs the Comptroller General to study and report to Congress on differences in payment amounts under the physician fee schedule for physicians' services in different geographic areas.(Sec. 310) Amends SSA title XI to provide that any remuneration in the form of a contract, lease, grant, loan, or other agreement between a public or non-profit private health center and any individual or entity providing goods or services to the health center is not a violation of the anti-kickback statute if such agreement contributes to the ability of the health center to maintain or increase the availability or quality of services provided to a medically underserved population served by the health center.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Rail Merger Reform and Customer Protection Act''. SEC. 2. SURFACE TRANSPORTATION BOARD REVIEW. Section 11324(c) of title 49, United States Code, is amended by striking ``public interest. The Board'' and inserting ``public interest, except that no transaction shall be approved and authorized under this section unless the Board finds that the transaction-- ``(1) will increase competition among rail carriers; ``(2) will not reduce transportation alternatives available to current railroad customers; ``(3) will provide additional transportation alternative options for railroad customers; ``(4) will improve service to customers; and ``(5) is in conformity with the antitrust laws. The Board shall consult with the Attorney General, and may not make a finding under paragraph (5) unless the Attorney General agrees with the finding. The Board''. SEC. 3. SURFACE TRANSPORTATION BOARD JURISDICTION. (a) Amendments.--Section 10501(b) of title 49, United States Code, is amended-- (1) by inserting ``, except that rail carriers and rail transportation subject to the jurisdiction of the Board shall also be subject to the antitrust laws. Application of the antitrust laws pursuant to the previous sentence shall not limit or affect the availability of remedies under this part'' after ``is exclusive''; and (2) by inserting ``other than the antitrust laws'' after ``Federal or State law''. (b) Effect of Prior Orders.--Section 10501 of title 49, United States Code, is further amended by adding at the end the following new subsection: ``(d) All orders, determinations, rules, regulations, permits, contracts, certificates, licenses, and privileges-- ``(1) which have been issued, made, granted, or allowed to become effective by any agency or official thereof pursuant to chapter 113, or any predecessor statutory provisions, or by a court of competent jurisdiction; and ``(2) which are in effect as of the date of the enactment of the Rail Merger Reform and Customer Protection Act, shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked by the agency, official, or court.''. (c) Definition.--Section 10102 of title 49, United States Code, is amended-- (1) by redesignating paragraphs (1) through (10) as paragraphs (2) through (11), respectively; and (2) by inserting before paragraph (2), as so redesignated, the following new paragraph: ``(1) `antitrust laws' has the meaning given it in subsection (a) of the first section of the Clayton Act (15 U.S.C. 12(a)), except that such term includes section 5 of the Federal Trade Commission Act (15 U.S.C. 45) to the extent such section 5 applies to unfair methods of competition;''. SEC. 4. RATE AGREEMENTS. (a) Amendments.--Section 10706 of title 49, United States Code, is amended-- (1) in the section heading, by striking ``: exemption from antitrust laws''; (2) in subsection (a)(2)(A), by striking ``, and the Sherman Act'' and all that follows through ``carrying out the agreement''; (3) in subsection (a)(3)(B)(ii), by striking ``a Federal law cited in subsection (a)(2)(A) of this section'' and inserting ``the antitrust laws''; (4) by striking the second sentence of subsection (a)(4); (5) in subsection (a)(5)(A), by striking ``, and the antitrust laws'' and all that follows through ``carrying out the agreement''; (6) by striking the second sentence of subsection (d); and (7) by striking subsection (e). (b) Conforming Amendment.--The table of sections for chapter 107 of title 49, United States Code, is amended by striking ``: exemption from antitrust laws'' in the item relating to section 10706. SEC. 5. SCOPE OF AUTHORITY. Section 11321(a) of title 49, United States Code, is amended-- (1) by inserting ``, except that rail carriers and rail transportation subject to the jurisdiction of the Board shall also be subject to the antitrust laws'' after ``is exclusive''; (2) by striking ``the antitrust laws and from''; and (3) by inserting ``except for the antitrust laws,'' after ``and municipal law,''. SEC. 6. ELECTION OF REMEDIES. Section 11701 of title 49, United States Code, is amended by adding at the end the following new subsection: ``(d) A person proceeding against a rail carrier pursuant to subsection (b) may not proceed against the same rail carrier pursuant to other Federal or State law, and a person proceeding against a rail carrier under other Federal or State law may not proceed against a rail carrier pursuant to subsection (b), with respect to the same claim.''. SEC. 7. CLAYTON ACT AMENDMENTS. The Clayton Act is amended-- (1) in section 7 (15 U.S.C. 18)-- (A) by striking ``Nor shall anything herein'' and all that follows through ``therein is so acquired.''; and (B) by striking ``Surface Transportation Board,''; (2) in section 11 (15 U.S.C. 21), by striking ``in the Surface Transportation Board where applicable to common carriers subject to jurisdiction under subtitle IV of title 49, United States Code;''; and (3) in section 16 (15 U.S.C. 26), by striking ``: Provided, That nothing'' and all that follows through ``title 49, United States Code''.

Summary: Declares that rail carriers and rail transportation subject to the jurisdiction of the Board shall also be subject to the antitrust laws. Repeals the exemption of rate agreements from the Sherman Act, the Clayton Act, the Federal Trade Commission Act and specified parts of the Wilson Tariff Act (thus subjecting such agreements to Federal antitrust laws). Repeals the mandate that the Federal Trade Commission report to the Board periodically on possible anticompetitive features of approved rate agreements, or agreements submitted for approval, and any organization operating under such agreements. Prohibits a person proceeding against a rail carrier in a complaint before the Board from proceeding against the same rail carrier pursuant to other Federal or State law, and vice versa. Amends the Clayton Act to conform with this Act.


SECTION 1. SHORT TITLE. This Act may be cited as the ``American Super Computing Leadership Act''. SEC. 2. DEFINITIONS. Section 2 of the Department of Energy High-End Computing Revitalization Act of 2004 (15 U.S.C. 5541) is amended by striking paragraphs (1) through (5) and inserting the following: ``(1) Co-design.--The term `co-design' means the joint development of application algorithms, models, and codes with computer technology architectures and operating systems to maximize effective use of high-end computing systems. ``(2) Department.--The term `Department' means the Department of Energy. ``(3) Exascale.--The term `exascale' means computing system performance at or near 10 to the 18th power floating point operations per second. ``(4) High-end computing system.--The term `high-end computing system' means a computing system with performance that substantially exceeds that of systems that are commonly available for advanced scientific and engineering applications. ``(5) Institution of higher education.--The term `institution of higher education' has the meaning given the term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). ``(6) Leadership system.--The term `leadership system' means a high-end computing system that is among the most advanced in the world in terms of performance in solving scientific and engineering problems. ``(7) National laboratory.--The term `National Laboratory' means any one of the seventeen laboratories owned by the Department. ``(8) Secretary.--The term `Secretary' means the Secretary of Energy. ``(9) Software technology.--The term `software technology' includes optimal algorithms, programming environments, tools, languages, and operating systems for high-end computing systems.''. SEC. 3. DEPARTMENT OF ENERGY HIGH-END COMPUTING RESEARCH AND DEVELOPMENT PROGRAM. Section 3 of the Department of Energy High-End Computing Revitalization Act of 2004 (15 U.S.C. 5542) is amended-- (1) in subsection (a)-- (A) in paragraph (1), by striking ``program'' and inserting ``coordinated program across the Department''; (B) by striking ``and'' at the end of paragraph (1); (C) by striking the period at the end of paragraph (2) and inserting ``; and''; and (D) by adding at the end the following new paragraph: ``(3) partner with universities, National Laboratories, and industry to ensure the broadest possible application of the technology developed in this program to other challenges in science, engineering, medicine, and industry.''; (2) in subsection (b)(2), by striking ``vector'' and all that follows through ``architectures'' and inserting ``computer technologies that show promise of substantial reductions in power requirements and substantial gains in parallelism of multicore processors, concurrency, memory and storage, bandwidth, and reliability''; and (3) by striking subsection (d) and inserting the following: ``(d) Exascale Computing Program.-- ``(1) In general.--The Secretary shall conduct a coordinated research program to develop exascale computing systems to advance the missions of the Department. ``(2) Execution.--The Secretary shall, through competitive merit review, establish two or more National Laboratory- industry-university partnerships to conduct integrated research, development, and engineering of multiple exascale architectures, and-- ``(A) conduct mission-related co-design activities in developing such exascale platforms; ``(B) develop those advancements in hardware and software technology required to fully realize the potential of an exascale production system in addressing Department target applications and solving scientific problems involving predictive modeling and simulation and large-scale data analytics and management; and ``(C) explore the use of exascale computing technologies to advance a broad range of science and engineering. ``(3) Administration.--In carrying out this program, the Secretary shall-- ``(A) provide, on a competitive, merit-reviewed basis, access for researchers in United States industry, institutions of higher education, National Laboratories, and other Federal agencies to these exascale systems, as appropriate; and ``(B) conduct outreach programs to increase the readiness for the use of such platforms by domestic industries, including manufacturers. ``(4) Reports.-- ``(A) Integrated strategy and program management plan.--The Secretary shall submit to Congress, not later than 90 days after the date of enactment of the American Super Computing Leadership Act, a report outlining an integrated strategy and program management plan, including target dates for prototypical and production exascale platforms, interim milestones to reaching these targets, functional requirements, roles and responsibilities of National Laboratories and industry, acquisition strategy, and estimated resources required, to achieve this exascale system capability. The report shall include the Secretary's plan for Departmental organization to manage and execute the Exascale Computing Program, including definition of the roles and responsibilities within the Department to ensure an integrated program across the Department. The report shall also include a plan for ensuring balance and prioritizing across ASCR subprograms in a flat or slow-growth budget environment. ``(B) Status reports.--At the time of the budget submission of the Department for each fiscal year, the Secretary shall submit a report to Congress that describes the status of milestones and costs in achieving the objectives of the exascale computing program. ``(C) Exascale merit report.--At least 18 months prior to the initiation of construction or installation of any exascale-class computing facility, the Secretary shall transmit a plan to the Congress detailing-- ``(i) the proposed facility's cost projections and capabilities to significantly accelerate the development of new energy technologies; ``(ii) technical risks and challenges that must be overcome to achieve successful completion and operation of the facility; and ``(iii) an independent assessment of the scientific and technological advances expected from such a facility relative to those expected from a comparable investment in expanded research and applications at terascale-class and petascale-class computing facilities, including an evaluation of where investments should be made in the system software and algorithms to enable these advances.''. Passed the House of Representatives September 8, 2014. Attest: KAREN L. HAAS, Clerk.

Summary: American Super Computing Leadership Act - (Sec. 3) Amends the Department of Energy High-End Computing Revitalization Act of 2004 with respect to: (1) exascale computing (computing system performance at or near 10 to the 18th power floating point operations per second), and (2) a high-end computing system with performance substantially exceeding that of systems commonly available for advanced scientific and engineering applications. Directs the Secretary of Energy (DOE) to: (1) coordinate the development of high-end computing systems across DOE; (2) partner with universities, National Laboratories, and industry to ensure the broadest possible application of the technology developed in the program to other challenges in science, engineering, medicine, and industry; and (3) include among the multiple architectures researched, at DOE discretion, any computer technologies that show promise of substantial reductions in power requirements and substantial gains in parallelism of multicore processors, concurrency, memory and storage, bandwidth, and reliability. Repeals authority for establishment of at least one High-End Software Development Center. Directs the Secretary to conduct a coordinated research program to develop exascale computing systems to advance DOE missions. Requires establishment through competitive merit review of two or more DOE National Laboratory-industry-university partnerships to conduct integrated research, development, and engineering of multiple exascale architectures. Requires the Secretary to conduct mission-related co-design activities in developing such exascale platforms. Defines "co-design" as the joint development of application algorithms, models, and codes with computer technology architectures and operating systems to maximize effective use of high-end computing systems. Directs the Secretary to develop any advancements in hardware and software technology required to realize fully the potential of an exascale production system in addressing DOE target applications and solving scientific problems involving predictive modeling and simulation and large-scale data analytics and management. Requires DOE also to explore the use of exascale computing technologies to advance a broad range of science and engineering. Directs the Secretary to submit to Congress an integrated strategy and program management plan. Requires the Secretary, before initiating construction or installation of an exascale-class computing facility, to transmit to Congress a separate plan detailing: (1) the proposed facility's cost projections and capabilities to significantly accelerate the development of new energy technologies; (2) technical risks and challenges that must be overcome to achieve successful completion and operation of the facility; and (3) an independent assessment of the scientific and technological advances expected from such a facility relative to those expected from a comparable investment in expanded research and applications at terascale-class and petascale-class computing facilities, including an evaluation of where investments should be made in the system software and algorithms to enable these advances.