Input:
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).''.

Output:
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.


Input:
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).

Output: 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.


Input:
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.

Output:
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.


Input:
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.

Output: 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.


Input:
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.

Output: 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.


Input:
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''.

Output:
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.


Input:
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.

Output: 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.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Truancy Prevention and Juvenile
Crime Reduction Act of 1998''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) Truancy is the first sign of trouble--the first
        indicator that a young person is giving up and losing his or
        her way.
            (2) Many students who become truant eventually drop out of
        school, and high school drop outs are two and a half times more
        likely to be on welfare than high school graduates; twice as
        likely to be unemployed, or if employed, earn lower salaries.
            (3) Truancy is the top-ranking characteristic of
        criminals--more common than such factors as coming from single-
        parent families and being abused as children.
            (4) High rates of truancy are linked to high daytime
        burglary rates and high vandalism.
            (5) As much as 44 percent of violent juvenile crime takes
        place during school hours.
            (6) As many as 75 percent of children ages 13-16 who are
        arrested and prosecuted for crimes are truants.
            (7) Some cities report as many as 70 percent of daily
        student absences are unexcused, and the total number of
        absences in a single city can reach 4,000 per day.
            (8) Society pays a significant social and economic cost due
        to truancy: only 34 percent of inmates have completed high
        school education; 17 percent of youth under age 18 entering
        adult prisons have not completed grade school (8th grade or
        less), 25 percent completed 10th grade, and 2 percent completed
        high school.
            (9) Truants and later high school drop outs cost the Nation
        $240 billion in lost earnings and foregone taxes over their
        lifetimes, and the cost of crime control is staggering.
            (10) In many instances, parents are unaware a child is
        truant.
            (11) Effective truancy prevention, early intervention, and
        accountability programs can improve school attendance and
        reduce daytime crime rates.
            (12) There is a lack of targeted funding for effective
        truancy prevention programs in current law.

SEC. 3. GRANTS.

    (a) Definitions.--In this section:
            (1) Eligible partnership.--The term ``eligible
        partnership'' means a partnership between 1 or more qualified
        units of local government and 1 or more local educational
        agencies.
            (2) Local educational agency.--The term ``local educational
        agency'' has the meaning given the term in section 14101 of the
        Elementary and Secondary Education Act of 1965 (20 U.S.C.
        8801).
            (3) Qualified unit of local government.--The term
        ``qualified unit of local government'' means a unit of local
        government that has in effect, as of the date on which the
        eligible partnership submits an application for a grant under
        this section, a statute or regulation that meets the
        requirements of paragraphs (12), (13), (14), and (15) of
        section 223(a) of the Juvenile Justice and Delinquency and
        Prevention Act of 1974 (42 U.S.C. 5633(a)).
            (4) Unit of local government.--The term ``unit of local
        government'' means any city, county, township, town, borough,
        parish, village, or other general purpose political subdivision
        of a State, or any Indian tribe.
    (b) Grant Authority.--The Attorney General, in consultation with
the Secretary of Education, shall make grants in accordance with this
section on a competitive basis to eligible partnerships to reduce
truancy and the incidence of daytime juvenile crime.
    (c) Maximum Amount; Allocation; Renewal.--
            (1) Maximum amount.--The total amount awarded to an
        eligible partnership under this section in any fiscal year
        shall not exceed $100,000.
            (2) Allocation.--Not less than 25 percent of each grant
        awarded to an eligible partnership under this section shall be
        allocated for use by the local educational agency or agencies
participating in the partnership.
            (3) Renewal.--A grant awarded under this section for a
        fiscal year may be renewed for an additional period of not more
        than 2 fiscal years.
    (d) Use of Funds.--
            (1) In general.--Grant amounts made available under this
        section may be used by an eligible partnership to
        comprehensively address truancy through the use of--
                    (A) parental involvement in prevention activities,
                including meaningful incentives for parental
                responsibility;
                    (B) sanctions, including community service and
                drivers' license suspension for students who are
                habitually truant;
                    (C) parental accountability, including fines,
                teacher-aid duty, community service;
                    (D) in-school truancy prevention programs,
                including alternative education and in-school
                suspension;
                    (E) involvement of the local law enforcement,
                social services, judicial, business, and religious
                communities, and nonprofit organizations;
                    (F) technology, including automated telephone
                notice to parents and computerized attendance system;
                or
                    (G) elimination of 40-day count and other
                unintended incentives to allow students to be truant
                after a certain time of school year.
            (2) Model programs.--In carrying out this section, the
        Attorney General may give priority to funding programs that
        attempt to replicate 1 or more of the following model programs:
                    (A) The Truancy Intervention Project of the Fulton
                County, Georgia, Juvenile Court.
                    (B) The TABS (Truancy Abatement and Burglary
                Suppression) program of Milwaukee, Wisconsin.
                    (C) The Roswell Daytime Curfew Program of Roswell,
                New Mexico.
                    (D) The Stop, Cite and Return Program of Rohnert
                Park, California.
                    (E) The Stay in School Program of New Haven,
                Connecticut.
                    (F) The Atlantic County Project Helping Hand of
                Atlantic County, New Jersey.
                    (G) The THRIVE (Truancy Habits Reduced Increasing
                Valuable Education) initiative of Oklahoma City,
                Oklahoma.
                    (H) The Norfolk, Virginia project using computer
                software and data collection.
                    (I) The Community Service Early Intervention
                Program of Marion, Ohio.
                    (J) The Truancy Reduction Program of Bakersfield,
                California.
                    (K) The Grade Court program of Farmington, New
                Mexico.
                    (L) Any other model program that the Attorney
                General determines to be appropriate.
    (e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, $25,000,000 for each of fiscal
years 1999, 2000, and 2001.

Output:
Truancy Prevention and Juvenile Crime Reduction Act of 1998 - Directs the Attorney General to make grants to eligible partnerships of local governmental units and local educational agencies to reduce truancy and the incidence of daytime juvenile crime.
Sets forth provisions regarding maximum grant awards, allocation of such awards, and grant renewal.
Authorizes the use of grant amounts to comprehensively address truancy through:  (1) parental involvement in prevention activities; (2) sanctions; (3) parental accountability; (4) in-school truancy prevention programs; (5)  involvement of local law enforcement, social services, judicial, business, and religious communities, and nonprofit organizations; (6) technology; or (7) elimination of 40-day count and other unintended incentives to allow students to be truant after a certain time of school year.
Authorizes the Attorney General to give priority to funding programs that attempt to replicate specified model programs.
Authorizes appropriations.