Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Healthy and High Performance Schools
Act of 2001''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--The Congress finds the following:
            (1) American kindergarten through grade 12 schools spend
        over $6,000,000,000 annually on energy costs, which is more
        than is spent on books and computers combined.
            (2) Approximately 25,000,000 students are attending schools
        with at least 1 unsatisfactory environmental condition.
            (3) Educators teach and students learn best in an
        environment that is comfortable, healthy, naturally lit where
        possible, and in good repair, and studies have indicated that
        student achievement is greater and attendance higher when those
        conditions are met.
            (4) Over half of our Nation's kindergarten through grade 12
        schools are more than 40 years old and in need of renovation to
        reach such standard of efficiency and comfort, and 6,000 new
        schools will be required over the next 10 years to accommodate
        the growing number of students.
            (5) Inadequate ventilation in school buildings, poor
        lighting and acoustical quality, and uncomfortable temperatures
        can cause poor health and diminish students' capacity to
        concentrate and excel.
            (6) Inefficient use of water, either in consumption or from
        poorly maintained systems, is prevalent in older schools.
            (7) Using a whole building approach in the design of new
        schools and the renovation of existing schools (considering how
        materials, systems, and products connect and overlap and also
        how a school is integrated on its site and within the
        surrounding community) will result in healthy and high
        performance school buildings.
            (8) Adoption of whole building concepts has been shown to
        result in dramatic improvements in student and teacher
        performance.
            (9) Adopting a whole building approach usually results in a
        lower life cycle cost for the school building than for a
        conventionally designed and built building.
            (10) Systematic use of energy conservation in school
        construction and renovation projects can save at least one
        quarter of current energy costs, leaving more money for
        teachers and educational materials.
            (11) The use of renewable energy sources such as
        daylighting, solar, wind, geothermal, hydropower, and biomass
        power in a building already designed to be energy-efficient can
        help meet the building's energy needs without added emissions.
            (12) Using environmentally preferable products and
        providing for adequate supplies of fresh air will improve
        indoor air quality and provide healthful school buildings.
            (13) Most school districts do not have the knowledge of
        cutting-edge design and technologies to integrate optimum
        efficiency and environmentally healthy designs into new school
        construction or into school renovations.
    (b) Purpose.--It is the purpose of this Act to assist local
educational agencies in the production of high performance elementary
school and secondary school buildings that are healthful, productive,
energy-efficient, and environmentally sound.

SEC. 3. PROGRAM ESTABLISHMENT AND ADMINISTRATION.

    (a) Program.--There is established in the Department of Education
the High Performance Schools Program (in this Act referred to as the
``Program'').
    (b) Grants.--The Secretary, in consultation with the Secretary of
Energy and the Administrator of the Environmental Protection Agency,
may, through the Program, award grants to State educational agencies to
permit such State educational agencies to carry out subsection (c).
    (c) State Use of Funds.--
            (1) Subgrants.--
                    (A) In general.--A State educational agency
                receiving a grant under this Act shall use the grant
                funds made available under section 4(a)(1) to award
                subgrants to local educational agencies to permit such
                local educational agencies to carry out the activities
                described in subsection (d).
                    (B) Limitation.--A State educational agency shall
                award subgrants under subparagraph (A) to local
                educational agencies that have made a commitment to use
                the subgrant funds to develop healthy, high performance
                school buildings in accordance with the plan developed
                and approved pursuant to subparagraph (C)(i).
                    (C) Implementation.--
                            (i) Plans.--A State educational agency
                        shall award subgrants under paragraph (1) only
                        to local educational agencies that, in
                        consultation with the State educational agency
                        and State offices with responsibilities
                        relating to energy and health, have developed
                        plans that the State educational agency
                        determines to be feasible and appropriate in
                        order to achieve the purposes for which such
                        subgrants are made.
                            (ii) Supplementing grant funds.--The State
                        educational agency shall encourage qualifying
                        local educational agencies to supplement their
                        subgrant funds with funds from other sources in
                        the implementation of their plans.
            (2) Administration.--A State educational agency receiving a
        grant under this Act shall use the grant funds made available
        under section 4(a)(2)--
                    (A) to evaluate compliance by local educational
                agencies with the requirements of this Act;
                    (B) to distribute information and materials to
                clearly define and promote the development of healthy,
                high performance school buildings for both new and
                existing facilities;
                    (C) to organize and conduct programs for school
                board members, school district personnel, architects,
                engineers, and others to advance the concepts of
                healthy, high performance school buildings;
                    (D) to obtain technical services and assistance in
                planning and designing high performance school
                buildings; and
                    (E) to collect and monitor information pertaining
                to the high performance school building projects funded
                under this Act.
            (3) Promotion.--Subject to section 4(a), a State
        educational agency receiving a grant under this Act may use
        grant funds for promotional and marketing activities, including
        facilitating private and public financing, working with school
        administrations, students, and communities, and coordinating
        public benefit programs.
    (d) Local Use of Funds.--
            (1) In general.--A local educational agency receiving a
        subgrant under subsection (c)(1) shall use such subgrant funds
        for new school building projects and renovation projects that--
                    (A) achieve energy-efficiency performance that
                reduces energy use to at least 30 percent below that of
                a school constructed in compliance with standards
                prescribed in Chapter 8 of the 2000 International
                Energy Conservation Code, or a similar State code
                intended to achieve substantially equivalent results;
                and
                    (B) achieve environmentally healthy schools in
                compliance with Federal and State codes intended to
                achieve healthy and safe school environments.
            (2) Existing buildings.--A local educational agency
        receiving a subgrant under subsection (c)(1) for renovation of
        existing school buildings shall use such subgrant funds to
        achieve energy efficiency performance that reduces energy use
        below the school's baseline consumption, assuming a 3-year,
        weather-normalized average for calculating such baseline and to
        help bring schools into compliance with health and safety
        standards.

SEC. 4. ALLOCATION OF FUNDS.

    (a) In General.--A State receiving a grant under this Act shall
use--
            (1) not less than 70 percent of such grant funds to carry
        out section 3(c)(1); and
            (2) not less than 15 percent of such grant funds to carry
        out section 3(c)(2).
    (b) Reservation.--The Secretary may reserve an amount not to exceed
$300,000 per year from amounts appropriated under section 6 to assist
State educational agencies in coordinating and implementing the
Program. Such funds may be used to develop reference materials to
further define the principles and criteria to achieve healthy, high
performance school buildings.

SEC. 5. REPORT TO CONGRESS.

    (a) In General.--The Secretary shall conduct a biennial review of
State actions implementing this Act, and shall report to Congress on
the results of such reviews.
    (b) Reviews.--In conducting such reviews, the Secretary shall
assess the effectiveness of the calculation procedures used by State
educational agencies in establishing eligibility of local educational
agencies for subgrants under this Act, and may assess other aspects of
the Program to determine whether the aspects have been effectively
implemented.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Secretary to carry
out this Act--
            (1) $250,000,000 for each of fiscal years 2002 through
        2005; and
            (2) such sums as may be necessary for each of fiscal years
        2006 through 2011.

SEC. 7. DEFINITIONS.

    In this Act:
            (1) Elementary school and secondary school.--The terms
        ``elementary school'' and ``secondary school'' have the same
        meanings given such terms in section 14101 of the Elementary
        and Secondary Education Act of 1965 (20 U.S.C. 8801).
            (2) Healthy, high performance school building.--The term
        ``healthy, high performance school building'' means a school
        building which, in its design, construction, operation, and
        maintenance, maximizes use of renewable energy and energy-
        efficient practices, is cost-effective on a life cycle basis,
        uses affordable, environmentally preferable, durable materials,
        enhances indoor environmental quality, protects and conserves
        water, and optimizes site potential.
            (3) Local educational agency.--The term ``local educational
        agency'' has the same meaning given such term in section 14101
        of the Elementary and Secondary Education Act of 1965 (20
        U.S.C. 8801).
            (4) Renewable energy.--The term ``renewable energy'' means
        energy produced by solar, wind, geothermal, hydroelectric, or
        biomass power.
            (5) Secretary.--The term ``Secretary'' means the Secretary
        of Education.
            (6) State educational agency.--The term ``State educational
        agency'' has the same meaning given such term in section 14101
        of the Elementary and Secondary Education Act of 1965 (20
        U.S.C. 8801).

Output: Healthy and High Performance Schools Act of 2001 - Establishes in the Department of Education a High Performance Schools Program.Authorizes the Secretary of Education to award grants to States to provide subgrants to local educational agencies for renovation projects to make existing elementary school and secondary school buildings energy-efficient and environmentally healthy.


Input:
SECTION 1. TEACHING CHILDREN TO SAVE LIVES.

    Title XII of the Public Health Service Act (42 U.S.C. 300d et seq.)
is amended by adding at the end the following:

               ``PART G--TEACHING CHILDREN TO SAVE LIVES

``SEC. 1271. SHORT TITLE.

    ``This part may be cited as the `Teaching Children To Save Lives
Act'.

``SEC. 1272. FINDINGS.

    ``The Congress finds the following:
            ``(1) Teaching school children to perform the life-saving
        skill of cardiopulmonary resuscitation (CPR), to identify and
        respond to choking victims, and to recognize the signs of
        stroke can improve their confidence in responding to an
        emergency and can encourage continued efforts to update these
        skills after graduation, thereby potentially reducing the rate
        of death from sudden cardiac arrest, choking and stroke.
            ``(2) Heart disease is the leading cause of death in the
        United States.
            ``(3) 220,000 Americans die each year of sudden cardiac
        arrest.
            ``(4) The American Heart Association estimates that the
        lives of 50,000 cardiac arrest victims could be saved each year
        through initiating a course of action known as the `chain of
        survival'.
            ``(5) The chain of survival includes prompt notification of
        emergency services and early CPR, defibrillation, and advanced
        cardiac life support.
            ``(6) An important part of United States school children's
        education is learning healthy behaviors, including proper
        nutrition and physical activity. This health education should
        also include basic emergency life-saving skills.
            ``(7) Incorporating these lifesaving training programs into
        the health curriculum of elementary and secondary schools will
        give school children these skills.

``SEC. 1273. GRANTS FOR CPR TRAINING IN PUBLIC SCHOOLS.

    ``(a) In General.--The Secretary, acting through the Health
Resources and Services Administration, is authorized to award grants to
State agencies to enable the State agencies to award grants to local
agencies and targeted schools or school districts for cardiopulmonary
resuscitation (CPR) training in targeted localities. Such training
shall utilize nationally recognized training courses. Such grants in
conjunction with local efforts shall ensure that training sites have
the ability to start up, including funds for instructor training,
training in CPR instruction, purchase of printed informational or
instructional materials, manikins, automated external defibrillator
(AED) training devices, and other equipment.
    ``(b) Community Partnerships.--A State agency shall award grants
under this section in a manner that encourages and fosters new and
existing community partnerships with and among public and private
organizations (such as local educational agencies, nonprofit
organizations, public health organizations, emergency medical service
providers, fire and police departments, and parent-teacher
associations) to aid in providing CPR training in a nationally approved
program in targeted schools.
    ``(c) Award Basis.--In awarding grants under this section a State
agency shall take into consideration--
            ``(1) the need for and existence of CPR training programs
        in targeted schools or communities served by targeted schools;
            ``(2) geographic barriers to coordinating CPR training
        programs; and
            ``(3) options to maximize the use of funds provided under
        this section.
    ``(d) AED Training Devices.--To be eligible to receive a grant
under this section for the purchase of an AED training device, a local
agency or targeted school shall demonstrate that such agency or school
is currently implementing a CPR training program.
    ``(e) Definitions.--In this section:
            ``(1) AED.--The term `AED' means automated external
        defibrillator.
            ``(2) CPR.--The term `CPR' means cardiopulmonary
        resuscitation.
            ``(3) Instructor.--The term `instructor' means a nurse,
        principal, school counselor, teacher, or other qualified
        individual who is certified by a nationally recognized program
        to train individuals in CPR.
            ``(4) Targeted school.--The term `targeted school' means a
        public elementary school or secondary school (as defined in
        section 14101 of the Elementary and Secondary Education Act of
        1965) that includes students in any of grades 6 through 12.
    ``(f) Regulations.--The Secretary may make rules to carry out this
part.

``SEC. 1274. REPORT.

    ``The Secretary shall prepare and submit to Congress a report
regarding the activities assisted under this part.

``SEC. 1275. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to carry out this part,
$30,000,000 for the 3-fiscal year period beginning in fiscal year
2002.''.

            Passed the Senate November 16, 2001.

            Attest:

                                                  JERI THOMSON,

                                                             Secretary.

Output: Teaching Children to Save Lives Act - Amends the Public Health Service Act to authorize the Secretary of Health and Human Services, acting through the Health Resources and Services Administration, to make grants to State agencies to award grants to local agencies and targeted schools or school districts for cardiopulmonary resuscitation (CPR) training. Requires such training to use nationally recognized training courses, and to be in public schools which include students in any of grades six through 12.Requires such grants to be used to: (1) ensure, in conjunction with local efforts, that training sites have the ability to start up; and (2) foster community partnerships among public and private organizations to help provide such training.


Input:
SECTION 1. FINDINGS.
    Congress finds the following:
        (1) Radio Free Asia (referred to in this Act as ``RFA'')--
            (A) was authorized under section 309 of the United States
        International Broadcasting Act of 1994 (22 U.S.C. 6208);
            (B) was incorporated as a private, non-profit corporation
        in March 1996 in the hope that its operations would soon be
        obviated by the global advancement of democracy; and
            (C) is headquartered in Washington, DC, with additional
        offices in Bangkok, Hong Kong, Phnom Penh, Seoul, Ankara, and
        Taipei.
        (2) RFA broadcasts serve as substitutes for indigenous free
    media in regions lacking free media outlets.
        (3) The mission of RFA is ``to provide accurate and timely news
    and information to Asian countries whose governments prohibit
    access to a free press'' in order to enable informed decisionmaking
    by the people within Asia.
        (4) RFA provides daily broadcasts of news, commentary,
    analysis, and cultural programming to Asian countries in several
    languages, including--
            (A) 12 hours per day in Mandarin;
            (B) 8 hours per day in 3 Tibetan dialects, Uke, Kham, and
        Amdo;
            (C) 4 hours per day in Korean and Burmese;
            (D) 2 hours per day in Cantonese, Vietnamese, Laotian,
        Khmer (Cambodian), and Uyghur; and
            (E) 1\1/2\ hours per week in Wu (local Shanghai dialect).
        (5) The governments of the countries targeted for these
    broadcasts have consistently denied and blocked attempts at Medium
    Wave and FM transmissions into their countries, forcing RFA to rely
    on Shortwave broadcasts and the Internet.
        (6) RFA has provided continuous online news to its Asian
    audiences since 2004, although some countries--
            (A) routinely and aggressively block RFA's website;
            (B) monitor access to RFA's website; and
            (C) discourage online users by making it illegal to access
        RFA's website.
        (7) Despite these attempts, RFA has successfully managed to
    reach its online audiences through proxies, cutting-edge software,
    and active republication and repostings by its audience.
        (8) RFA also provides forums for local opinions and experiences
    through message boards, podcasts, web logs (blogs), cell phone-
    distributed newscasts, and new media, including Facebook, Flickr,
    Twitter, and YouTube.
        (9) Freedom House has documented that freedom of the press is
    in decline in nearly every region of the world, particularly in
    Asia, where none of the countries served by RFA have increased
    their freedom of the press during the past 5 years.
        (10) In fiscal year 2010, RFA is operating on a $37,000,000
    budget, less than $400,000 of which is available to fund Internet
    censorship circumvention.
        (11) Congress currently provides grant funding for RFA's
    operations on a fiscal year basis.
SEC. 2. SENSE OF THE SENATE.
    It is the sense of the Senate that--
        (1) public access to timely, uncensored, and accurate
    information is imperative for promoting government accountability
    and the protection of human rights;
        (2) Radio Free Asia provides a vital voice to people in Asia;
        (3) some of the governments in Asia spend millions of dollars
    each year to jam RFA's shortwave, block its Internet sites;
        (4) Congress should provide additional funding to RFA and the
    other entities overseen by the Broadcasting Board of Governors
    for--
            (A) Internet censorship circumvention; and
            (B) enhancement of their cyber security efforts; and
        (5) permanently authorizing funding for Radio Free Asia would--
            (A) reflect the concern that media censorship and press
        restrictions in the countries served by RFA have increased
        since RFA was established; and
            (B) send a powerful signal of our Nation's support for free
        press in Asia and throughout the world.
SEC. 3. PERMANENT AUTHORIZATION FOR RADIO FREE ASIA.
    Section 309 of the United States International Broadcasting Act of
1994 (22 U.S.C. 6208) is amended--
        (1) in subsection (c)(2), by striking ``, and shall further
    specify that funds to carry out the activities of Radio Free Asia
    may not be available after September 30, 2010'';
        (2) by striking subsection (f);
        (3) by redesignating subsections (g) and (h) as subsection (f)
    and (g), respectively; and
        (4) in subsection (f), as redesignated--
            (A) by striking ``The Board'' and inserting the following:
        ``(1) Notification.--The Board'';
            (B) by striking ``before entering'' and inserting the
        following: ``before--
            ``(A) entering'';
            (C) by striking ``Radio Free Asia.'' and inserting the
        following: ``Radio Free Asia; or
            ``(B) entering into any agreements in regard to the
        utilization of Radio Free Asia transmitters, equipment, or
        other resources that will significantly reduce the broadcasting
        activities of Radio Free Asia.'';
            (D) by striking ``The Chairman'' and inserting the
        following:
        ``(2) Consultation.--The Chairman''; and
            (E) by inserting ``or Radio Free Asia broadcasting
        activities'' before the period at the end.

                               Speaker of the House of Representatives.

                            Vice President of the United States and
                                               President of the Senate.

Output:
(This measure has not been amended since it was reported to the Senate on June 22, 2010. The summary of that version is repeated here.)

Expresses the sense of the Senate that: (1) public access to accurate information is imperative for promoting government accountability and the protection of human rights; (2) Radio Free Asia (RFA) provides a vital voice to people in Asia; (3) some of the governments in Asia spend millions of dollars each year to jam RFA; and (4) Congress should provide additional and permanent funding for RFA.

Amends the United States International Broadcasting Act of 1994 to make permanent the authority of the Broadcasting Board of Governors to make grants to operate RFA.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Restore Honor to Service Members
Act''.

SEC. 2. REVIEW OF DISCHARGE CHARACTERIZATION.

    (a) In General.--In accordance with this section, the appropriate
discharge boards--
            (1) shall review the discharge characterization of covered
        members at the request of the covered member; and
            (2) if such characterization is any characterization except
        honorable, may change such characterization to honorable.
    (b) Criteria.--In changing the discharge characterization of a
covered member to honorable under subsection (a)(2), the Secretary of
Defense shall ensure that such changes are carried out consistently and
uniformly across the military departments using the following criteria:
            (1) The original discharge must be based on Don't Ask Don't
        Tell (in this Act referred to as ``DADT'') or a similar policy
        in place prior to the enactment of DADT.
            (2) Such discharge characterization shall be so changed if,
        with respect to the original discharge, there were no
        aggravating circumstances, such as misconduct, that would have
        independently led to a discharge characterization that was any
        characterization except honorable. For purposes of this
        paragraph, such aggravating circumstances may not include--
                    (A) an offense under section 925 of title 10,
                United States Code (article 125 of the Uniform Code of
                Military Justice), committed by a covered member
                against a person of the same sex with the consent of
                such person; or
                    (B) statements, consensual sexual conduct, or
                consensual acts relating to sexual orientation or
                identity, or the disclosure of such statements,
                conduct, or acts, that were prohibited at the time of
                discharge but after the date of such discharge became
                permitted.
            (3) When requesting a review, a covered member, or the
        member's representative, shall be required to provide either--
                    (A) documents consisting of--
                            (i) a copy of the DD-214 form of the
                        member;
                            (ii) a personal affidavit of the
                        circumstances surrounding the discharge; and
                            (iii) any relevant records pertaining to
                        the discharge; or
                    (B) an affidavit certifying that the member, or the
                member's representative, does not have the documents
                specified in subparagraph (A).
            (4) If a covered member provides an affidavit described in
        subparagraph (B) of paragraph (3)--
                    (A) the appropriate discharge board shall make
                every effort to locate the documents specified in
                subparagraph (A) of such paragraph within the records
                of the Department of Defense; and
                    (B) the absence of such documents may not be
                considered a reason to deny a change of the discharge
                characterization under subsection (a)(2).
    (c) Request for Review.--The appropriate discharge board shall
ensure the mechanism by which covered members, or their representative,
may request to have the discharge characterization of the covered
member reviewed under this section is simple and straightforward.
    (d) Review.--
            (1) In general.--After a request has been made under
        subsection (c), the appropriate discharge board shall review
        all relevant laws, records of oral testimony previously taken,
        service records, or any other relevant information regarding
        the discharge characterization of the covered member.
            (2) Additional materials.--If additional materials are
        necessary for the review, the appropriate discharge board--
                    (A) may request additional information from the
                covered member or the member's representative, in
                writing, and specifically detailing what is being
                requested; and
                    (B) shall be responsible for obtaining a copy of
                the necessary files of the covered member from the
                member, or when applicable, from the Department of
                Defense.
    (e) Change of Characterization.--The appropriate discharge board
shall change the discharge characterization of a covered member to
honorable if such change is determined to be appropriate after a review
is conducted under subsection (d) pursuant to the criteria under
subsection (b). A covered member, or the member's representative, may
appeal a decision by the appropriate discharge board to not change the
discharge characterization by using the regular appeals process of the
board.
    (f) Change of Records.--For each covered member whose discharge
characterization is changed under subsection (e), or for each covered
member who was honorably discharged but whose DD-214 form reflects the
sexual orientation of the member, the Secretary of Defense shall
reissue to the member or the member's representative a revised DD-214
form that reflects the following:
            (1) For each covered member discharged, the Separation
        Code, Reentry Code, Narrative Code, and Separation Authority
        shall not reflect the sexual orientation of the member and
        shall be placed under secretarial authority. Any other similar
        indication of the sexual orientation or reason for discharge
        shall be removed or changed accordingly to be consistent with
        this paragraph.
            (2) For each covered member whose discharge occurred prior
        to the creation of general secretarial authority, the sections
        of the DD-214 form referred to paragraph (1) shall be changed
        to similarly reflect a universal authority with codes,
        authorities, and language applicable at the time of discharge.
    (g) Status.--
            (1) In general.--Each covered member whose discharge
        characterization is changed under subsection (e) shall be
        treated without regard to the original discharge
        characterization of the member, including for purposes of--
                    (A) benefits provided by the Federal Government to
                an individual by reason of service in the Armed Forces;
                and
                    (B) all recognitions and honors that the Secretary
                of Defense provides to members of the Armed Forces.
            (2) Reinstatement.--In carrying out paragraph (1)(B), the
        Secretary shall reinstate all recognitions and honors of a
        covered member whose discharge characterization is changed
        under subsection (e) that the Secretary withheld because of the
        original discharge characterization of the member.
    (h) Definitions.--In this section:
            (1) The term ``appropriate discharge board'' means the
        boards for correction of military records under section 1552 of
        title 10, United States Code, or the discharge review boards
        under section 1553 of such title, as the case may be.
            (2) The term ``covered member'' means any former member of
        the Armed Forces who was discharged from the Armed Forces
        because of the sexual orientation of the member.
            (3) The term ``discharge characterization'' means the
        characterization under which a member of the Armed Forces is
        discharged or released, including ``dishonorable'',
        ``general'', ``other than honorable'', and ``honorable''.
            (4) The term ``Don't Ask Don't Tell'' means section 654 of
        title 10, United States Code, as in effect before such section
        was repealed pursuant to the Don't Ask, Don't Tell Repeal Act
        of 2010 (Public Law 111-321).
            (5) The term ``representative'' means the surviving spouse,
        next of kin, or legal representative of a covered member.

SEC. 3. REPORTS.

    (a) Review.--The Secretary of Defense shall conduct a review of the
consistency and uniformity of the reviews conducted under section 2.
    (b) Reports.--Not later than 270 days after the date of the
enactment of this Act, and each year thereafter for a four-year period,
the Secretary shall submit to Congress a report on the reviews under
subsection (a). Such reports shall include any comments or
recommendations for continued actions.

SEC. 4. HISTORICAL REVIEW.

    The Secretary of each military department shall ensure that oral
historians of the department--
            (1) review the facts and circumstances surrounding the
        estimated 100,000 members of the Armed Forces discharged from
        the Armed Forces between World War II and September 2011
        because of the sexual orientation of the member; and
            (2) receive oral testimony of individuals who personally
        experienced discrimination and discharge because of the actual
        or perceived sexual orientation of the individual so that such
        testimony may serve as an official record of these
        discriminatory policies and their impact on American lives.

Output: Restore Honor to Service Members Act - Requires appropriate military record correction boards or discharge review boards to review the discharge characterization of any former members of the Armed Forces requesting a review who were discharged because of their sexual orientation. Permits such boards to change a characterization to honorable if such characterization is any characterization except honorable. Directs the Secretary of Defense (DOD) to ensure that any such changes are carried out consistently and uniformly across the military departments using specified criteria, including that: (1) the original discharge was based on the policy of Don't Ask Don't Tell (as in effect before it was repealed pursuant to the Don't Ask, Don't Tell Repeal Act of 2010) or a similar earlier policy; and (2) the discharge characterization will be changed if, with respect to the original discharge, there were no aggravating circumstances, such as misconduct, that would have independently led to any discharge characterization except honorable. Prohibits "aggravating circumstances" from including: (1) an offense of sodomy committed by the member against a consenting person of the same sex; or (2) statements, consensual sexual conduct, or consensual acts relating to sexual orientation or identity, or the disclosure of such statements, conduct, or acts, that were prohibited at the time of discharge but that became permitted after such discharge. Directs the Secretary of each military department to ensure that oral historians of the department: (1) review discharges between World War II and September 2011 based on sexual orientation, and (2) receive oral testimony of individuals who personally experienced discrimination and discharge because of actual or perceived sexual orientation so that such testimony may serve as an official record of such discriminatory policies and their impact on American lives. Requires the reissuance of specified military personnel records and discharge forms in a manner that shall not reflect the sexual orientation of the member.


Input:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Voluntary Medicare
Prescription Drug Plan Act of 2001''.
    (b) Table of Contents.--The table of contents of this Act is as
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Medicare payment for outpatient prescription drugs.
        ``Part D--Voluntary Medicare Prescription Drug Coverage

        ``Sec. 1860A. Medicare Prescription Drug Plan.
        ``Sec. 1860B. Rx Option.
        ``Sec. 1860C. Combined deductible.
        ``Sec. 1860D. Partnerships with private entities to offer the
                            Rx Option.''.
Sec. 3. Conforming changes to Medigap.

SEC. 2. MEDICARE PAYMENT FOR OUTPATIENT PRESCRIPTION DRUGS.

    (a) In General.--Title XVIII of the Social Security Act (42 U.S.C.
1395 et seq.) is amended by redesignating part D as part E and by
inserting after part C the following new part:

        ``Part D--Voluntary Medicare Prescription Drug Coverage

                   ``medicare prescription drug plan

    ``Sec. 1860A. (a) In General.--Each Medicare Prescription Drug Plan
eligible individual may elect coverage (beginning on January 1, 2002)
under this part by enrolling in the Rx Option in order to receive
coverage for outpatient prescription drugs as described in section
1860B and to pay a combined deductible under section 1860C.
    ``(b) Medicare Prescription Drug Plan Eligible Individual
Defined.--In this part, the term `Medicare Prescription Drug Plan
eligible individual' means an individual who is--
            ``(1) eligible for benefits under part A and enrolled under
        part B;
            ``(2) not enrolled in a Medicare+Choice plan under part C;
        and
            ``(3) not eligible for medical assistance for outpatient
        prescription drugs under title XIX.

                              ``rx option

    ``Sec. 1860B. (a) Enrollment in the Rx Option.--
            ``(1) In general.--Except as provided in paragraph (2), the
        Secretary shall establish a process for the enrollment of
        Medicare Prescription Drug Plan eligible individuals under the
        Rx Option that is based upon the process for enrollment in
        Medicare+Choice plans under part C of this title.
            ``(2) Exceptions.--
                    ``(A) 2-year obligation.--Except as provided in
                subparagraph (B), a Medicare Prescription Drug Plan
                eligible individual who elects the Rx Option shall be
                subject to the provisions of this part for a minimum
                period of 2 years, beginning with the first full month
                during which the individual is eligible for benefits
                under the Rx Option.
                    ``(B) Free look period.--An individual who elects
                the Rx Option may disenroll from such Option no later
                than the last day of the first full month following the
                month in which such election was made.
            ``(3) Enrollment in medicare supplemental policies.--An
        individual enrolled in the Rx Option may be enrolled only in a
        medicare supplemental policy subject to the special rules
        described in section 1882(v).
    ``(b) Outpatient Prescription Drug Benefits.--
            ``(1) In general.--Beginning in 2002, under the Rx Option,
        after the enrollee has met the combined deductible under
        section 1860C, the Secretary shall provide a benefit for
        outpatient prescription drugs through private entities under
        section 1860D equal to 50 percent of the lesser of--
                    ``(A) the cost of outpatient prescription drugs for
                such year; or
                    ``(B) $5000.
            ``(2) Cost-of-living adjustment.--In the case of any
        calendar year beginning after 2002, the dollar amount in
        paragraph (1)(B) shall be increased by an amount equal to--
                    ``(A) such dollar amount; multiplied by
                    ``(B) the percentage (if any) by which--
                            ``(i) the prescription drug component of
                        the Consumer Price Index for all urban
                        consumers (all items city average) for the 12-
                        month period ending with August of the
                        preceding year; exceeds
                            ``(ii) such prescription drug component of
                        the Consumer Price Index for the 12-month
                        period ending with August 2001.
            ``(3) Rounding.--If any increase determined under paragraph
        (2) is not a multiple of $1, such increase shall be rounded to
        the nearest multiple of $1.

                         ``combined deductible

    ``Sec. 1860C. (a) In General.--Notwithstanding any provision of
this title and beginning in 2002, a beneficiary electing the Rx Option
shall be subject to a combined deductible that shall apply in lieu of
the deductibles applied under sections 1813(a)(1) and 1833(b).
    ``(b) Amount.--
            ``(1) In general.--For purposes of subsection (a), the
        combined deductible is equal to $675.
            ``(2) Cost-of-living adjustment.--In the case of any
        calendar year after 2002, the dollar amount in paragraph (1)
        shall be increased by an amount equal to--
                    ``(A) such dollar amount; multiplied by
                    ``(B) the percentage (if any) by which--
                            ``(i) the medical component of the Consumer
                        Price Index for all urban consumers (all items
                        city average) for the 12-month period ending
                        with August of the preceding year; exceeds
                            ``(ii) such medical component of the
                        Consumer Price Index for the 12-month period
                        ending with August 2001.
            ``(3) Rounding.--If any increase determined under paragraph
        (2) is not a multiple of $1, such increase shall be rounded to
        the nearest multiple of $1.
    ``(c) Application.--In applying the combined deductible described
in subsection (a) such deductible shall apply to each expense incurred
on a calendar year basis for each item or service covered under this
title, and each expense paid on a calendar year basis for such an item
or service shall be credited against such deductible.

      ``partnerships with private entities to offer the rx option

    ``Sec. 1860D. (a) Partnerships.--
            ``(1) In general.--The Secretary shall contract with
        private entities for the provision of outpatient prescription
        drug benefits under the Rx Option.
            ``(2) Private entities.--The private entities described in
        paragraph (1) shall include insurers (including issuers of
        medicare supplemental policies under section 1882),
        pharmaceutical benefit managers, chain pharmacies, groups of
        independent pharmacies, and other private entities that the
        Secretary determines are appropriate.
            ``(3) Areas.--The Secretary may award a contract to a
        private entity under this section on a local, regional, or
        national basis.
            ``(4) Drug benefits only through private entities.--
        Outpatient prescription drug benefits under the Rx Option shall
        be offered only through a contract with a private entity under
        this section.
    ``(b) Secretary Required To Contract With Any Willing Qualified
Private Entity.--The Secretary may not exclude a private entity from
receiving a contract to provide outpatient prescription drug benefits
under the Rx Option if the private entity meets all of the requirements
established by the Secretary for providing such benefits.''.

SEC. 3. CONFORMING CHANGES TO MEDIGAP.

    Section 1882 of the Social Security Act (42 U.S.C. 1395ss) is
amended by adding at the end the following new subsection:
    ``(v) Special Rules for Medicare Prescription Drug Plan
Enrollees.--
            ``(1) Revision of benefit packages.--
                    ``(A) In general.--Notwithstanding subsection (p),
                the benefit packages established under such subsection
                (including the 2 plans described in paragraph (11)(A)
                of such subsection) shall be revised (in the manner
                described in subsection (p)(1)(E)) so that each of the
                benefit packages classified as `A' through `J' remain
                exactly the same, except that each benefit package
                shall include special rules that apply only to
                individuals enrolled in the Rx Option under section
                1860B as follows:
                            ``(i) Combined deductible.--Each benefit
                        package shall require the beneficiary of the
                        policy to pay annual out-of-pocket expenses
                        (other than premiums) in an amount equal to the
                        amount of the combined deductible under section
                        1860C(b) before the policy begins payment of
                        any benefits.
                            ``(ii) Prescription drug coverage.--In the
                        case of a benefit package classified as `H',
                        `I', and `J', such policy may not provide
                        coverage for outpatient prescription drugs that
                        duplicates the coverage for outpatient
                        prescription drugs provided under the Rx Option
                        under section 1860B(b).
                    ``(B) Adjusted premium.--In the case of an
                individual enrolled in the Rx Option, the premium for
                the policy in which the individual is enrolled may be
                appropriately adjusted to reflect the special rules
                applicable to such individual under subparagraph (A).
            ``(2) Renewability and continuity of coverage.--The
        revisions of benefit packages under paragraph (1) shall not
        affect--
                    ``(A) the renewal of medicare supplemental policies
                under this section that are in existence on the
                effective date of such revisions; or
                    ``(B) the continuity of coverage under such
                policies.''.

Output: Voluntary Medicare Prescription Drug Plan Act of 2001 - Amends title XVIII (Medicare) of the Social Security Act to add a new part D (Voluntary Medicare Prescription Drug Coverage) under which a Medicare Prescription Drug plan eligible individual, not enrolled in a Medicare+Choice plan under Medicare part C (Medicare+Choice), may enroll in the Rx Option coverage for outpatient prescription drugs offered only through private contractors, and subject to payment of a combined deductible ($675) in lieu of the deductibles applied under Medicare parts A (Hospital Insurance) and B (Supplementary Medical Insurance).Sets the outpatient prescription drug benefit at 50 percent of the lesser of: (1) the cost of such drugs for a year; or (2) $5,000.Establishes special rules with respect to Medicare supplemental health insurance (Medigap) for individuals enrolled in the Rx Option.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Paying a Fair Share Act of 2012''.

SEC. 2. FAIR SHARE TAX ON HIGH-INCOME TAXPAYERS.

    (a) In General.--Subchapter A of chapter 1 of the Internal Revenue
Code of 1986 is amended by adding at the end the following new part:

          ``PART VII--FAIR SHARE TAX ON HIGH-INCOME TAXPAYERS

``Sec. 59B. Fair share tax.

``SEC. 59B. FAIR SHARE TAX.

    ``(a) General Rule.--
            ``(1) Phase-in of tax.--In the case of any high-income
        taxpayer, there is hereby imposed for a taxable year (in
        addition to any other tax imposed by this subtitle) a tax equal
        to the product of--
                    ``(A) the amount determined under paragraph (2),
                and
                    ``(B) a fraction (not to exceed 1)--
                            ``(i) the numerator of which is the excess
                        of--
                                    ``(I) the taxpayer's adjusted gross
                                income, over
                                    ``(II) the dollar amount in effect
                                under subsection (c)(1), and
                            ``(ii) the denominator of which is the
                        dollar amount in effect under subsection
                        (c)(1).
            ``(2) Amount of tax.--The amount of tax determined under
        this paragraph is an amount equal to the excess (if any) of--
                    ``(A) the tentative fair share tax for the taxable
                year, over
                    ``(B) the excess of--
                            ``(i) the sum of--
                                    ``(I) the regular tax liability (as
                                defined in section 26(b)) for the
                                taxable year,
                                    ``(II) the tax imposed by section
                                55 for the taxable year, plus
                                    ``(III) the payroll tax for the
                                taxable year, over
                            ``(ii) the credits allowable under part IV
                        of subchapter A (other than sections 27(a), 31,
                        and 34).
    ``(b) Tentative Fair Share Tax.--For purposes of this section--
            ``(1) In general.--The tentative fair share tax for the
        taxable year is 30 percent of the excess of--
                    ``(A) the adjusted gross income of the taxpayer,
                over
                    ``(B) the modified charitable contribution
                deduction for the taxable year.
            ``(2) Modified charitable contribution deduction.--For
        purposes of paragraph (1)--
                    ``(A) In general.--The modified charitable
                contribution deduction for any taxable year is an
                amount equal to the amount which bears the same ratio
                to the deduction allowable under section 170 (section
                642(c) in the case of a trust or estate) for such
                taxable year as--
                            ``(i) the amount of itemized deductions
                        allowable under the regular tax (as defined in
                        section 55) for such taxable year, determined
                        after the application of section 68, bears to
                            ``(ii) such amount, determined before the
                        application of section 68.
                    ``(B) Taxpayer must itemize.--In the case of any
                individual who does not elect to itemize deductions for
                the taxable year, the modified charitable contribution
                deduction shall be zero.
    ``(c) High-Income Taxpayer.--For purposes of this section--
            ``(1) In general.--The term `high-income taxpayer' means,
        with respect to any taxable year, any taxpayer (other than a
        corporation) with an adjusted gross income for such taxable
        year in excess of $1,000,000 (50 percent of such amount in the
        case of a married individual who files a separate return).
            ``(2) Inflation adjustment.--
                    ``(A) In general.--In the case of a taxable year
                beginning after 2013, the $1,000,000 amount under
                paragraph (1) shall be increased by an amount equal
                to--
                            ``(i) such dollar amount, multiplied by
                            ``(ii) the cost-of-living adjustment
                        determined under section 1(f)(3) for the
                        calendar year in which the taxable year begins,
                        determined by substituting `calendar year 2012'
                        for `calendar year 1992' in subparagraph (B)
                        thereof.
                    ``(B) Rounding.--If any amount as adjusted under
                subparagraph (A) is not a multiple of $10,000, such
                amount shall be rounded to the next lowest multiple of
                $10,000.
    ``(d) Payroll Tax.--For purposes of this section, the payroll tax
for any taxable year is an amount equal to the excess of--
            ``(1) the taxes imposed on the taxpayer under sections
        1401, 1411, 3101, 3201, and 3211(a) (to the extent such taxes
        are attributable to the rate of tax in effect under section
        3101) with respect to such taxable year or wages or
        compensation received during the taxable year, over
            ``(2) the deduction allowable under section 164(f) for such
        taxable year.
    ``(e) Special Rule for Estates and Trusts.--For purposes of this
section, in the case of an estate or trust, adjusted gross income shall
be computed in the manner described in section 67(e).
    ``(f) Not Treated as Tax Imposed by This Chapter for Certain
Purposes.--The tax imposed under this section shall not be treated as
tax imposed by this chapter for purposes of determining the amount of
any credit under this chapter (other than the credit allowed under
section 27(a)) or for purposes of section 55.''.
    (b) Conforming Amendment.--Section 26(b)(2) of the Internal Revenue
Code of 1986 is amended by redesignating subparagraphs (C) through (X)
as subparagraphs (D) through (Y), respectively, and by inserting after
subparagraph (B) the following new subparagraph:
                    ``(C) section 59B (relating to fair share tax),''.
    (c) Clerical Amendment.--The table of parts for subchapter A of
chapter 1 of the Internal Revenue Code of 1986 is amended by adding at
the end the following new item:

         ``Part VII--Fair Share Tax on High-Income Taxpayers''.

    (d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2012.

SEC. 3. SENSE OF THE HOUSE OF REPRESENTATIVES REGARDING TAX REFORM.

    It is the sense of the House of Representatives that--
            (1) Congress should enact tax reform that repeals unfair
        and unnecessary tax loopholes and expenditures, simplifies the
        system for millions of taxpayers and businesses (including by
        eliminating the alternative minimum tax for middle-class
        Americans), and makes sure that the wealthiest taxpayers pay a
        fair share; and
            (2) this Act is an interim step that can be done quickly
        and serve as a floor on taxes for the highest-income taxpayers,
        cut the deficit by billions of dollars a year, and help
        encourage more fundamental reform of the tax system.

Output:
Paying a Fair Share Act of 2012 - Amends the Internal Revenue Code to require an individual taxpayer whose adjusted gross income exceeds $1 million to pay a minimum tax rate of 30% of the excess of the taxpayer's adjusted gross income over the taxpayer's modified charitable contribution deduction for the taxable year (tentative fair share tax). Establishes the amount of such tax as the excess (if any) of the tentative fair share tax over the excess of: (1) the sum of the taxpayer's regular tax liability, the alternative minimum tax (AMT) amount, and the payroll tax for the taxable year; over (2) certain tax credits. Provides for a phase-in of such tax. Requires an inflation adjustment to the $1 million income threshold for taxable years beginning after 2013.

Expresses the sense of the House of Representatives that Congress should enact tax reform that repeals unfair and unnecessary tax loopholes and expenditures, simplifies the tax system, and makes sure that the wealthiest taxpayers pay a fair share of taxes.


Input:
SECTION 1. PROTECTION OF EMPLOYEES FROM RETALIATION BY THEIR EMPLOYER
              FOR COOPERATING IN INVESTIGATIONS.

    (a)  Oil Pollution Act of 1990.--
            (1) Prohibition.--Title VI of the Oil Pollution Act of 1990
        (33 U.S.C. 2751 et seq.) is amended by inserting after section
        6002 the following new section:

``SEC. 6003. RETALIATION PROHIBITED.

    ``(a) Prohibition.--No person or employer may discharge any
employee or otherwise discriminate against any employee with respect to
the employee's compensation, terms, conditions, or other privileges of
employment because the employee (or any person acting pursuant to a
request of the employee)--
            ``(1) notified the appropriate Federal official, a Federal
        or State law enforcement or regulatory agency, or the
        employee's employer of an alleged violation of this Act,
        including notification of such an alleged violation through
        communications related to carrying out the employee's job
        duties;
            ``(2) refused to participate in any conduct that the
        employee reasonably believes is in noncompliance with a
        requirement of this Act if the employee has identified the
        alleged noncompliance to the employer;
            ``(3) testified before or otherwise provided information
        relevant for Congress or for any Federal or State proceeding
        regarding any provision (or proposed provision) of this Act;
            ``(4) commenced, caused to be commenced, or is about to
        commence or cause to be commenced a proceeding under this Act;
            ``(5) testified or is about to testify in any such
        proceeding; or
            ``(6) assisted or participated or is about to assist or
        participate in any manner in such a proceeding or in any other
        manner in such a proceeding or in any other action to carry out
        the purposes of this Act.
    ``(b) Enforcement Action.--Any employee covered by this section who
alleges discrimination by an employer in violation of subsection (a)
may bring an action governed by the rules and procedures, legal burdens
of proof, and remedies applicable under subsections (d) through (h) of
section 20109 of title 49, United States Code. A party may seek
district court review as set forth in subsection (d)(3) of such section
not later than 90 days after receiving a written final determination by
the Secretary of Labor.
    ``(c) Application With Respect Amendments.--In this section, any
reference to this Act includes the provisions of law enacted by the
amendment made by this Act.''.
            (2) Clerical amendment.--The table of contents in section 2
        of such Act is amended by striking the item relating to section
        6003 and inserting the following:

``6003. Retaliation prohibited.''.
    (b) Outer Continental Shelf Lands Act.--The Outer Continental Shelf
Lands Act (43 U.S.C. 1331 et seq.) is amended by adding at the end the
following new section:

``SEC. 32. RETALIATION PROHIBITED.

    ``(a) Prohibition.--No person or employer may discharge any
employee or otherwise discriminate against any employee with respect to
the employee's compensation, terms, conditions, or other privileges of
employment because the employee (or any person acting pursuant to a
request of the employee)--
            ``(1) notified the appropriate Federal official, a Federal
        or State law enforcement or regulatory agency, or the
        employee's employer of an alleged violation of this Act,
        including notification of such an alleged violation through
        communications related to carrying out the employee's job
        duties;
            ``(2) refused to participate in any conduct that the
        employee reasonably believes is in noncompliance with a
        requirement of this Act if the employee has identified the
        alleged noncompliance to the employer;
            ``(3) testified before or otherwise provided information
        relevant for Congress or for any Federal or State proceeding
        regarding any provision (or proposed provision) of this Act;
            ``(4) commenced, caused to be commenced, or is about to
        commence or cause to be commenced a proceeding under this Act;
            ``(5) testified or is about to testify in any such
        proceeding; or
            ``(6) assisted or participated or is about to assist or
        participate in any manner in such a proceeding or in any other
        manner in such a proceeding or in any other action to carry out
        the purposes of this Act.
    ``(b) Enforcement Action.--Any employee covered by this section who
alleges discrimination by an employer in violation of subsection (a)
may bring an action governed by the rules and procedures, legal burdens
of proof, and remedies applicable under subsections (d) through (h) of
section 20109 of title 49, United States Code. A party may seek
district court review as set forth in subsection (d)(3) of such section
not later than 90 days after receiving a written final determination by
the Secretary of Labor.''.

Output:
Amends the Oil Pollution Act of 1990 and the Outer Continental Shelf Lands Act to prohibit any person or employer from discharging any employee or discriminating against any employee with respect to compensation, terms, conditions, or other employment privileges because the employee (or any person acting for the employee): (1) notified the appropriate federal official, a federal or state law enforcement or regulatory agency, or the employee's employer of an alleged violation of such Acts; (2) refused to participate in any conduct that the employee reasonably believed to be in noncompliance with requirements of such Acts if the employee identified the alleged noncompliance to the employer; (3) testified before or otherwise provided information relevant for Congress or for any federal or state proceeding regarding any provision of such Acts; (4) commenced or testified in a proceeding under such Acts; or (5) assisted or participated in any manner in such a proceeding or or in any other action to carry out such Acts.

Authorizes an employee who alleges discrimination by an employer in violation of this Act to seek relief by filing a complaint with the Secretary of Labor.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Idling Reduction Tax Credit Act of
2004''.

SEC. 2. IDLING REDUCTION TAX CREDIT.

    (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. 45G. IDLING REDUCTION CREDIT.

    ``(a) General Rule.--For purposes of section 38, the idling
reduction tax credit determined under this section for the taxable year
is an amount equal to 50 percent of the amount paid or incurred for
each qualifying idling reduction device placed in service by the
taxpayer during the taxable year.
    ``(b) Limitation.--The maximum amount allowed as a credit under
subsection (a) shall not exceed $3,500 per device.
    ``(c) Definitions.--For purposes of subsection (a)--
            ``(1) Qualifying idling reduction device.--The term
        `qualifying idling reduction device' means any device or system
        of devices that--
                    ``(A) is installed on a heavy-duty diesel-powered
                on-highway vehicle,
                    ``(B) is designed to provide to such vehicle those
                services (such as heat, air conditioning, or
                electricity) that would otherwise require the operation
                of the main drive engine while the vehicle is
                temporarily parked or remains stationary,
                    ``(C) the original use of which commences with the
                taxpayer,
                    ``(D) is acquired for use by the taxpayer and not
                for resale, and
                    ``(E) is certified by the Secretary of Energy, in
                consultation with the Administrator of the
                Environmental Protection Agency and the Secretary of
                Transportation, to reduce long-duration idling of such
                vehicle at a motor vehicle rest stop or other location
                where such vehicles are temporarily parked or remain
                stationary.
            ``(2) Heavy-duty diesel-powered on-highway vehicle.--The
        term `heavy-duty diesel-powered on-highway vehicle' means any
        vehicle, machine, tractor, trailer, or semi-trailer propelled
        or drawn by mechanical power and used upon the highways in the
        transportation of passengers or property, or any combination
        thereof determined by the Federal Highway Administration.
            ``(3) Long-duration idling.--The term `long-duration
        idling' means the operation of a main drive engine, for a
        period greater than 15 consecutive minutes, where the main
        drive engine is not engaged in gear. Such term does not apply
        to routine stoppages associated with traffic movement or
        congestion.
    ``(d) No Double Benefit.--For purposes of this section--
            ``(1) Reduction in basis.--if a credit is determined under
        this section with respect to any property by reason of
        expenditures described in subsection (a), the basis of such
        property shall be reduced by the amount of the credit so
        determined.
            ``(2) Other deductions and credits.--No deduction or credit
        shall be allowed under any other provision of this chapter with
        respect to the amount of the credit determined under this
        section.
    ``(e) Election not to Claim Credit.--This section shall not apply
to a taxpayer for any taxable year if such taxpayer elects to have this
section not apply for such taxable year.''.
    (b) Credit to Be Part of General Business Credit.--Subsection (b)
of section 38 of such Code (relating to general business credit) is
amended by striking ``plus'' at the end of paragraph (14), by striking
the period at the end of paragraph (15) and inserting ``, plus'' , and
by adding at the end the following new paragraph:
            ``(16) the idling reduction tax credit determined under
        section 45G(a).''.
    (c) Conforming Amendments.--
            (1) 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 45F the following new item:

``Sec. 45G. Idling reduction credit.''.
            (2) Section 1016(a) of such Code is amended by striking
        ``and'' at the end of paragraph (27), by striking the period at
        the end of paragraph (28) and inserting ``, and'', and by
        adding at the end the following:
            ``(29) in the case of a facility with respect to which a
        credit was allowed under section 45G, to the extent provided in
        section 45G(d)(A).''.
    (d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2003.

SEC. 3. DETERMINATION OF CERTIFICATION STANDARDS BY SECRETARY OF ENERGY
              FOR CERTIFYING IDLING REDUCTION DEVICES.

    Not later than 6 months after the date of the enactment of this Act
and in order to reduce air pollution and fuel consumption, the
Secretary of Energy, in consultation with the Administrator of the
Environmental Protection Agency and the Secretary of Transportation,
shall publish the standards under which the Secretary, in consultation
with the Administrator of the Environmental Protection Agency and the
Secretary of Transportation, will, for purposes of section 45G of the
Internal Revenue Code of 1986 (as added by section 2 of this Act),
certify the idling reduction devices which will reduce long-duration
idling of vehicles at motor vehicle rest stops or other locations where
such vehicles are temporarily parked or remain stationary in order to
reduce air pollution and fuel consumption.

Output: Idling Reduction Tax Credit Act of 2004 - Amends the Internal Revenue Code to allow a business tax credit for 50 percent of the cost of a qualifying idling reduction device, up to $3,500. Defines "qualifying idling reduction device" as any device that is: (1) installed on a heavy-duty diesel-powered on-highway vehicle to provide services that would otherwise require the operation of the main drive engine while the vehicle is temporarily parked or stationary; and (2) certified by the Secretary of Energy to reduce long-duration idling. Directs the Secretary to publish standards for certifying such devices.


Input:
SECTION 1. ENTITLEMENT TO REIMBURSEMENT FOR FINANCIAL HARM INCURRED BY
              FEDERAL EMPLOYEES, FEDERAL CONTRACTORS, AND EMPLOYEES OF
              FEDERAL CONTRACTORS ARISING FROM FAILURE TO BE PAID
              DURING PERIODS OF LAPSED APPROPRIATIONS.

    (a) Financial Harm to Federal Employees.--Upon the termination of
any period of lapsed appropriations with respect to an agency or
instrumentality of the Federal Government or the District of Columbia,
in addition to any basic pay payable to each individual who is an
officer or employee of such agency or instrumentality during such
period for any service performed during such period, such officer or
employee shall be entitled to reimbursement by such agency or
instrumentality for financial harm incurred by such individual
resulting from--
            (1) any failure to provide for the timely payment of basic
        pay to such individual for service performed during such
        period, or
            (2) the inability of such individual to earn basic pay for
        service during such period under section 1342 of title 31,
        United States Code.
    (b) Financial Harm to Federal Contractors.--Upon the termination of
any period of lapsed appropriations with respect to an agency or
instrumentality of the Federal Government or the District of Columbia,
in addition to any payment under a Federal contract due to a Federal
contractor during such period and any interest penalty on such payment
in accordance with section 3902 of title 31, United States Code, such
contractor shall be entitled to reimbursement by such agency or
instrumentality for financial harm incurred by such contractor
resulting from--
            (1) any failure to provide for the timely payment of
        payments due under the contract to the contractor during such
        period, or
            (2) the inability of such contractor to perform the
        contract during such period.
    (c) Financial Harm to Employees of Federal Contractors.--Upon the
termination of any period of lapsed appropriations with respect to an
agency or instrumentality of the Federal Government or the District of
Columbia, each individual who is an employee of a Federal contractor or
of a subcontractor under a Federal contract in effect during such
period shall be entitled to reimbursement by such agency or
instrumentality for financial harm incurred by such individual
resulting from--
            (1) any failure by the contractor or subcontractor to
        provide for the timely payment of the individual for service
        performed during such period under the contract or subcontract,
        or
            (2) the inability of such individual to earn pay for
        service under the contract or subcontract during such period.

SEC. 2. ADMINISTRATIVE REMEDY.

    In any case in which an individual or contractor has not been
provided, within 60 days after the period of lapsed appropriations
involved, any reimbursement by an agency or instrumentality of the
Federal Government or the District of Columbia to which the individual
or contractor is entitled under section 1, a claim may be made by such
individual or contractor against such agency or instrumentality for
recovery of such reimbursement. Determinations by the agency or
instrumentality on such claim shall be made on the record after
opportunity for an agency hearing. Any individual aggrieved by any
final determination by the agency or instrumentality under this section
may, during the 60-day period beginning on the date the determination
is issued, institute an action for judicial review of the determination
in any district court of the United States in which an office of the
agency or instrumentality is located or in the United States District
Court for the District of Columbia.

SEC. 3. DEFINITIONS.

    For purposes of this Act:
            (1) Period of lapsed appropriations.--The term ``period of
        lapsed appropriations'' means, in connection with an agency or
        instrumentality of the Federal Government or the District of
        Columbia, any period during which appropriations are not
        available due to the absence of the timely enactment of any Act
        or joint resolution appropriating funds for such agency or
        instrumentality.
            (2) Financial harm.--The term ``financial harm''--
                    (A) in connection with any individual, includes--
                            (i) interest accrued on debts incurred by
                        the individual during the period of lapsed
                        appropriations necessary to meet expenses which
                        would have arisen irrespective of whether the
                        period of lapsed appropriations had occurred,
                            (ii) penalties incurred by reason of
                        inability of the individual to make timely
                        payments of bills or other obligations which
                        would have become due irrespective of whether
                        the period of lapsed appropriations had
                        occurred,
                            (iii) other monetary loss incurred by
                        reason of forfeiture of property or otherwise,
                        and
                            (iv) in the case of an individual who is an
                        employee of a Federal contractor, wages
                        foregone by the employee for any service
                        performed by the employee during the period of
                        lapsed appropriations that were not later paid
                        by the contractor; and
                    (B) in connection with any Federal contractor,
                includes--
                            (i) interest accrued on debts incurred by
                        the contractor in connection with a Federal
                        contract during the period of lapsed
                        appropriations necessary to meet expenses which
                        would have arisen irrespective of whether the
                        period of lapsed appropriations had occurred,
                            (ii) penalties incurred by reason of
                        inability of the contractor to make timely
                        payments of bills or other obligations which
                        would have become due irrespective of whether
                        the period of lapsed appropriations had
                        occurred, and
                            (iii) other monetary loss incurred by
                        reason of forfeiture of property or otherwise.

Output: Provides that, upon the termination of any period of lapsed appropriations with respect to any agency or instrumentality of the Federal Government or the District of Columbia, Federal employees, Federal contractors, and employees of Federal contractors shall be entitled to reimbursement for financial harm resulting from:  (1) any failure to provide for timely payment of basic pay or contract payments during the lapsed period; or (2) the inability of such individual to earn basic pay, to perform the contract, or receive payment under the contract.  States that such payments shall be in addition to regular basic pay for Federal employees or payments due Federal contractors under a Federal contract.  Provides for administrative remedies for the failure to receive such reimbursement within 60 days after the period of lapsed appropriations involved.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Smart Manufacturing Leadership
Act''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the industrial sector--
                    (A) represents approximately 20 percent of the
                economy of the United States;
                    (B) provides approximately 13 percent of employment
                in the United States; and
                    (C) accounts for more than 30,000,000,000,000,000
                Btus of energy, a quantity that is equal to almost \1/
                3\ of the energy consumption of the United States;
            (2) smart manufacturing is set to transform the
        manufacturing sector and the use by the manufacturing sector of
        energy, water, raw materials, and labor over the 10 years
        following the date of enactment of this Act;
            (3) the transformation described in paragraph (2) will
        result in savings in electricity, natural gas, transportation
        fuels, chemical feedstocks, and many other fuels;
            (4) the interconnection of the many components of
        manufacturing within a manufacturing plant with other business
        functions within a company and across companies within a supply
        chain will enable new production efficiencies;
            (5) the improvements in automation described in paragraph
        (4) are estimated to produce between $5,000,000,000 and
        $25,000,000,000 in energy savings per year across the
        manufacturing sector for electricity alone by 2035;
            (6) smart manufacturing technologies are estimated to add
        between $10,000,000,000,000 and $15,000,000,000,000 to the
        global gross domestic product over 20 years following the date
        of enactment of this Act;
            (7) market barriers exist to the widespread adoption of
        smart manufacturing practices by all sizes of firms and to the
        investment in smart manufacturing technologies, including lack
        of--
                    (A) common communication protocols between smart
                manufacturing devices, which prevents interoperability,
                reduces system efficiencies, and stifles innovation;
                    (B) common standards for storing and sharing
                information relating to energy consumption and energy
                savings;
                    (C) an open-access smart manufacturing platform
                that enables the networking of business and automation
                systems of multiple vendors; and
                    (D) common cybersecurity protocols and standards;
            (8) addressing the barriers described in paragraph (7) is
        in the interest of the United States;
            (9) in response to the barriers described in paragraph (7),
        the Secretary of Energy is working with the private sector to
        reduce the market barriers through the development of voluntary
        protocols and standards;
            (10) there exist many technologies of which many domestic
        manufacturers are unaware that could--
                    (A) improve the competitiveness of the domestic
                manufacturers; and
                    (B) reduce the environmental impacts of the
                domestic manufacturers;
            (11) Federal agency action can facilitate greater economic
        growth through outreach and engagement in the smart
        manufacturing technology area; and
            (12) the United States would benefit from a concerted and
        focused effort to advance the adoption of smart manufacturing
        throughout the manufacturing sector of the United States.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Energy management system.--The term ``energy management
        system'' means a business management process based on standards
        of the American National Standards Institute that enables an
        organization to follow a systematic approach in achieving
        continual improvement of energy performance, including energy
        efficiency, security, use, and consumption.
            (2) Industrial assessment center.--The term ``industrial
        assessment center'' means a center located at an institution of
        higher education that--
                    (A) receives funding from the Department of Energy;
                    (B) provides an in-depth assessment of small- and
                medium-size manufacturer plant sites to evaluate the
                facilities, services, and manufacturing operations of
                the plant site; and
                    (C) identifies opportunities for potential savings
                for small- and medium-size manufacturer plant sites
                from energy efficiency improvements, waste
                minimization, pollution prevention, and productivity
                improvement.
            (3) Information and communication technology.--The term
        ``information and communication technology'' means any
        electronic system or equipment (including the content contained
        in the system or equipment) used to create, convert,
        communicate, or duplicate data or information, including
        computer hardware, firmware, software, communication protocols,
        networks, and data interfaces.
            (4) 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)).
            (5) National laboratory.--The term ``National Laboratory''
        has the meaning given the term in section 2 of the Energy
        Policy Act of 2005 (42 U.S.C. 15801).
            (6) North american industry classification system.--The
        term ``North American Industry Classification System'' means
        the standard used by Federal statistical agencies in
        classifying business establishments for the purpose of
        collecting, analyzing, and publishing statistical data relating
        to the business economy of the United States.
            (7) Secretary.--The term ``Secretary'' means the Secretary
        of Energy.
            (8) Small and medium manufacturers.--The term ``small and
        medium manufacturers'' means manufacturing firms--
                    (A) classified in the North American Industry
                Classification System as any of sectors 31 through 33;
                    (B) with gross annual sales of less than
                $100,000,000;
                    (C) with fewer than 500 employees at the plant
                site; and
                    (D) with annual energy bills totaling more than
                $100,000 and less than $2,500,000.
            (9) Smart manufacturing.--The term ``smart manufacturing''
        means a set of advanced sensing, instrumentation, monitoring,
        controls, and process optimization technologies and practices
        that merge information and communication technologies with the
        manufacturing environment for the real-time management of
        energy, productivity, and costs across factories and companies.

SEC. 4. DEVELOPMENT OF NATIONAL SMART MANUFACTURING PLAN.

    (a) In General.--Not later than 3 years after the date of enactment
of this Act, the Secretary, in consultation with the National
Academies, shall develop and complete a national plan for smart
manufacturing technology development and deployment to improve the
productivity and energy efficiency of the manufacturing sector of the
United States.
    (b) Content.--
            (1) In general.--The plan developed under subsection (a)
        shall identify areas in which agency actions by the Secretary
        and other heads of relevant Federal agencies would--
                    (A) facilitate quicker development, deployment, and
                adoption of smart manufacturing technologies and
                processes;
                    (B) result in greater energy efficiency and lower
                environmental impacts for all American manufacturers;
                and
                    (C) enhance competitiveness and strengthen the
                manufacturing sectors of the United States.
            (2) Inclusions.--Agency actions identified under paragraph
        (1) shall include--
                    (A) an assessment of previous and current actions
                of the Department of Energy relating to smart
                manufacturing;
                    (B) the establishment of voluntary interconnection
                protocols and performance standards;
                    (C) deployment of existing research results; and
                    (D) the leveraging of existing high-performance
                computing infrastructure.
    (c) Biennial Revisions.--Not later than 2 years after the date on
which the Secretary completes the plan under subsection (a), and not
less frequently than once every 2 years thereafter, the Secretary shall
revise the plan to account for advancements in information and
communication technology and manufacturing needs.
    (d) Report.--Annually until the completion of the plan under
subsection (a), the Secretary shall submit to Congress a report on the
progress made in developing the plan.
    (e) Funding.--The Secretary shall use unobligated funds of the
Department of Energy to carry out this section.

SEC. 5. LEVERAGING EXISTING AGENCY PROGRAMS TO ASSIST SMALL AND MEDIUM
              MANUFACTURERS.

    (a) Findings.--Congress finds that--
            (1) the Department of Energy has existing technical
        assistance programs that facilitate greater economic growth
        through outreach to and engagement with small and medium
        manufacturers;
            (2) those technical assistance programs represent an
        important conduit for increasing the awareness of and providing
        education to small and medium manufacturers regarding the
        opportunities for implementing smart manufacturing; and
            (3) those technical assistance programs help facilitate the
        implementation of best practices.
    (b) Expansion of Technical Assistance Programs.--The Secretary
shall expand the scope of technologies covered by the Industrial
Assessment Centers of the Department of Energy--
            (1) to include smart manufacturing technologies and
        practices; and
            (2) to equip the directors of the Industrial Assessment
        Centers with the training and tools necessary to provide
        technical assistance in smart manufacturing technologies and
        practices, including energy management systems, to
        manufacturers.
    (c) Funding.--The Secretary shall use unobligated funds of the
Department of Energy to carry out this section.

SEC. 6. LEVERAGING SMART MANUFACTURING INFRASTRUCTURE AT NATIONAL
              LABORATORIES.

    (a) Study.--
            (1) In general.--Not later than 180 days after the date of
        enactment of this Act, the Secretary shall conduct a study on
        how the Department of Energy can increase access to existing
        high-performance computing resources in the National
        Laboratories, particularly for small and medium manufacturers.
            (2) Inclusions.--In identifying ways to increase access to
        National Laboratories under paragraph (1), the Secretary
        shall--
                    (A) focus on increasing access to the computing
                facilities of the National Laboratories; and
                    (B) ensure that--
                            (i) the information from the manufacturer
                        is protected; and
                            (ii) the security of the National
                        Laboratory facility is maintained.
            (3) Report.--Not later than 1 year after the date of
        enactment of this Act, the Secretary shall submit to Congress a
        report describing the results of the study.
    (b) Actions for Increased Access.--The Secretary shall facilitate
access to the National Laboratories studied under subsection (a) for
small and medium manufacturers so that small and medium manufacturers
can fully use the high-performance computing resources of the National
Laboratories to enhance the manufacturing competitiveness of the United
States.

SEC. 7. STATE LEADERSHIP GRANTS.

    (a) Finding.--Congress finds that the States--
            (1) are committed to promoting domestic manufacturing and
        supporting robust economic development activities; and
            (2) are uniquely positioned to assist manufacturers,
        particularly small and medium manufacturers, with deployment of
        smart manufacturing through the provision of infrastructure,
        including--
                    (A) access to shared supercomputing facilities;
                    (B) assistance in developing process simulations;
                and
                    (C) conducting demonstrations of the benefits of
                smart manufacturing.
    (b) Grants Authorized.--The Secretary may make grants on a
competitive basis to States for establishing State programs to be used
as models for supporting the implementation of smart manufacturing
technologies.
    (c) Application.--
            (1) In general.--To be eligible to receive a grant under
        this section, a State shall submit to the Secretary an
        application at such time, in such manner, and containing such
        information as the Secretary may require.
            (2) Criteria.--The Secretary shall evaluate an application
        for a grant under this section on the basis of merit using
        criteria identified by the Secretary, including--
                    (A) the breadth of academic and private sector
                partners;
                    (B) alternate sources of funding;
                    (C) plans for dissemination of results; and
                    (D) the permanence of the infrastructure to be put
                in place by the project.
    (d) Requirements.--
            (1) Term.--The term of a grant under this section shall not
        exceed 3 years.
            (2) Maximum amount.--The amount of a grant under this
        section shall be not more than $3,000,000.
            (3) Matching requirement.--Each State that receives a grant
        under this section shall contribute matching funds in an amount
        equal to not less than 30 percent of the amount of the grant.
    (e) Use of Funds.--
            (1) In general.--A State shall use a grant provided under
        this section--
                    (A) to provide access to shared supercomputing
                facilities to small and medium manufacturers;
                    (B) to fund research and development of
                transformational manufacturing processes and materials
                technology that advance smart manufacturing; and
                    (C) to provide tools and training to small and
                medium manufacturers on how to adopt energy management
                systems and implement smart manufacturing technologies
                in the facilities of the small and medium
                manufacturers.
    (f) Evaluation.--The Secretary shall conduct biannual evaluations
of each grant made under this section--
            (1) to determine the impact and effectiveness of programs
        funded with the grant; and
            (2) to provide guidance to States on ways to better execute
        the program of the State.
    (g) Funding.--There is authorized to be appropriated to the
Secretary to carry out this section $10,000,000 for each of fiscal
years 2017 through 2020.

SEC. 8. REPORT.

    The Secretary annually shall submit to Congress and make publicly
available a report on the progress made in advancing smart
manufacturing in the United States.

Output: Smart Manufacturing Leadership Act This bill requires the Department of Energy (DOE) to complete a national plan for smart manufacturing technology development and deployment to improve the productivity and energy efficiency of the U.S. manufacturing sector. Smart manufacturing is a set of advanced sensing, instrumentation, monitoring, controls, and process optimization technologies and practices that merge information and communication technologies with the manufacturing environment for the real-time management of energy, productivity, and costs across factories and companies. DOE must expand the scope of technologies covered by Industrial Assessment Centers to include smart manufacturing technologies and practices and to equip the centers' directors with the training and tools necessary to provide technical assistance in smart manufacturing technologies and practices.  DOE must: (1) study how it can increase access to existing high-performance computing resources in the National Laboratories, and (2) facilitate access to the laboratories by small and medium manufacturers so that they can fully use the laboratories' high-performance computing resources to enhance manufacturing competitiveness. DOE may make grants to states for establishing state programs to be used as models for supporting the implementation of smart manufacturing technologies. States must use those grants to: (1) provide access to shared supercomputing facilities to small and medium manufacturers, (2) fund research and development of transformational manufacturing processes and materials technology that advance smart manufacturing, and (3) provide tools and training to aid the adoption of energy management systems and implement smart manufacturing technologies in the manufacturers' facilities.