Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Depository Institution Consumer
Protection Act of 1997''.

SEC. 2. CONSUMER PROTECTION REGULATIONS REQUIRED.

    (a) In General.--The Federal Deposit Insurance Act (12 U.S.C. 1811
et seq.) is amended by adding at the end the following new section:

``SEC. 45. CONSUMER PROTECTION REGULATIONS.

    ``(a) Regulations Required.--
            ``(1) In general.--Each Federal banking agency shall
        prescribe and publish in final form not later than six months
        after the date of enactment of this section of consumer
        protection regulations which--
                    ``(A) apply to sales, solicitations, advertising or
                offers of any nondeposit product by any retail
                depository institution, any affiliate or subsidiary of
                a retail depository institution, or any person who is
                engaged in such activities at an office of the
                institution or on behalf of the institution; and
                    ``(B) meet the requirements of this section and
                provide such additional protections for consumers to
                whom such sales, solicitations, advertising or offers
                are directed as the agency determines to be
                appropriate.
            ``(2) Consultation and joint regulations.--The Federal
        banking agencies shall consult with each other and the SEC
        regarding the regulations required to be prescribed pursuant to
        paragraph (1) and to the greatest extent practicable shall
        prescribe such regulations jointly.
            ``(3) Nondeposit product defined.--For purposes of this
        section, the term `nondeposit product'--
                    ``(A) means any investment and insurance product
                which is not an insured deposit;
                    ``(B) includes shares issued by a registered
                investment company; and
                    ``(C) does not include--
                            ``(i) any loan or any other extension of
                        credit by an insured depository institution;
                            ``(ii) any letter of credit; or
                            ``(iii) any other instrument or insurance
                        or investment product specifically excluded
                        from the definition of such term by regulations
                        prescribed jointly by the Federal banking
                        agencies, to the extent necessary to carry out
                        the purpose of this Act.
    ``(b) Sales Practices.--The regulations prescribed pursuant to
subsection (a) shall include the following provisions relating to sales
practices in connection with the sale of nondeposit products:
            ``(1) Anticoercion rules.--
                    ``(A) In general.--Anticoercion rules prohibiting
                depository institutions from making any extension of
                credit conditional upon:
                            ``(i) the purchase of a nondeposit product
                        from the same retail depository institutions,
                        or an affiliate, subsidiary or agent of that
                        retail depository institution; or
                            ``(ii) an agreement by the consumer not to
                        obtain, or a prohibition on the consumer from
                        obtaining, a nondeposit product from an
                        unaffiliated entity.
                    ``(B) Product marketing.--Specific rules
                prohibiting depository institutions, or their
                affiliates, subsidiaries or agents from marketing
                nondeposit products to consumers while applications for
                extensions of credit from the depository institution
                are pending, unless such marketing is done by mail,
                separate and distinct from any processing, discussion
                or provision of information regarding the application
                for an extension of credit.
            ``(2) Suitability of product.--
                    ``(A) In general.--Standards to ensure that
a nondeposit product sold to a consumer is suitable and appropriate for
the consumer based on financial information disclosed by the consumer.
                    ``(B) Rules of fair practice.--In prescribing the
                standards under subparagraph (A) with respect to the
                sale of investments, the Federal banking agencies shall
                take into account the Rules of Fair Practice of the
                National Association of Securities Dealers.
    ``(c) Disclosures and Advertising.--The regulations prescribed
pursuant to subsection (a) shall include the following provisions
relating to disclosures and advertising in connection with the sale of
nondeposit products:
            ``(1)(A) Disclosures.--Requirements that the following
        disclosures be made orally and in writing before the completion
        of the sale and, additionally, in the case of subparagraph
        (iv), at the time of application for an extension of credit:
                    ``(i) Uninsured status.--The product is not insured
                by the Federal Deposit Insurance Corporation or the
                United States Government.
                    ``(ii) Insurance product.--In the case of an
                insurance policy which is sold by the retail depository
                institution, affiliate, subsidiary or other person as
                agent, the product is not guaranteed by the retail
                depository institution.
                    ``(iii) Investment risk.--In the case of an
                investment product, there is an investment risk
                associated with the product, including possible loss of
                principal.
                    ``(iv) Coercion.--The approval, by the retail
                depository institution, of an extension of credit may
                not be conditioned on:
                            ``(I) the purchase of a nondeposit product
                        which is sold by the retail depository
                        institution, affiliate, or other person as
                        agent; or
                            ``(II) an agreement by the consumer not to
                        obtain, or a prohibition on the consumer from
                        obtaining, a nondeposit product from an
                        unaffiliated entity.
            ``(B) Adjustments for alternative methods of purchase.--In
        prescribing the requirements under subparagraph (A), necessary
        adjustments shall be made for purchase in person, by telephone
        or by electronic media to provide for the most appropriate and
        complete form of disclosure.
            ``(C) Consumer acknowledgement.--A requirement that a
        retail depository institution shall require any person selling
        a nondeposit product at any office of, or on behalf of, the
        institution to obtain, at the time of the initial purchase by
        the consumer of such product, a separate statement, signed and
        dated by the consumer, which contains the declaration that the
        purchaser has received the disclosure required under this
        subsection with respect to such product. Notwithstanding any
        rule of evidence, written acknowledgement of receipt of any
        disclosures by a person to whom such information is required to
        be given does no more than create a rebuttable presumption of
        delivery thereof.
            ``(2) Prohibition on misrepresentations.--A prohibition on
        any practice, or any advertising, at any office of, or on
        behalf of, the retail depository institution which could
        mislead any person or otherwise cause a reasonable person to
        reach an erroneous belief with respect to--
                    ``(i) the uninsured nature of any nondeposit
                product sold, or offered for sale by the institution or
                any affiliate or agent of the institution; or
                    ``(ii) the investment risk associated with any such
                product.
    ``(d) Separation of Banking and Nonbanking Activities.--The
regulations prescribed pursuant to subsection (a) shall include such
provisions as the Federal banking agencies consider appropriate to
ensure that the acceptance of deposits or the extension of credit by a
depository institution, are kept physically segregated from nondeposit
product activity. These provisions should include at a minimum the
following provisions:
            ``(1) Separate setting.--A clear delineation of the setting
        in which, and the circumstances under which, transactions
        involving nondeposit products may be effected, and referrals
        made, to ensure that such activity is conducted in a location
        physically segregated from the area where retail deposits are
        accepted, extensions of credit are granted or insured products
        are sold by or on behalf of a depository institution.
            ``(2) Certain persons prohibited from selling nondeposit
        products.--Standards prohibiting any person who accepts
        deposits from the public at any office of, or on behalf of, an
        insured depository institution from selling or offering to
        sell, or offering an opinion or investment advice on, any
        nondeposit product.
            ``(3) Referral.--Notwithstanding paragraph (2), the
        regulations shall include standards requiring that a person who
        accepts deposits from the public at any office of, or on behalf
        of, an insured depository institution may refer a customer who
        seeks to purchase, or seeks an opinion or investment advice on,
        any nondeposit product to a person who sells or provides
        opinions or investment advice on such product only if--
                    ``(A) the consumer explicitly requests such
                referral; and
                    ``(B) the person who accepts deposits--
                            ``(i) does not solicit such request;
                            ``(ii) discloses to the consumer that such
                        product is not insured by the institution, the
                        Federal Deposit Insurance Corporation, or the
                        United States Government, or the institution;
                        and
                            ``(iii) does not receive any compensation
                        for the referral.
            ``(4) Qualification requirements and training.--Standards
        prohibiting any depository institution from permitting any
        person to sell or offer for sale, or provide an opinion or
        investment advice about, any nondeposit product in any part of
        any office of the institution, or on behalf of the institution,
        unless such person--
                    ``(A) is registered with the Securities and
                Exchange Commission as a broker or dealer, as a
                representative of a broker or dealer, or as an
                investment adviser; or
                    ``(B) meets qualification and training requirements
                which the Federal banking agencies jointly determine
                are equivalent to the training and qualification
                requirements applicable to a person who is registered
                with the Commission as a broker or dealer, as a
                representative of a broker or dealer, or as an
                investment adviser, as the case may be; or
                    ``(C) in the case of insurance sales, is qualified
                in accordance with regulations promulgated by the
                Federal banking regulators or in accordance with state
                law, as appropriate.
            ``(5) Compensation programs.--Standards to ensure that
        compensation programs are not structured in such a way as to
        provide incentives for the referral or sales of nondeposit
        products that are not suitable or appropriate for the consumer.
    ``(e) Consumer Enforcement Mechanism.--The Federal banking
regulators shall jointly establish a consumer enforcement mechanism for
receiving and resolving within nine months of receipt of a written
complaint non-frivolous consumer complaints involving an alleged
violation of regulations issued under this section which shall:
            ``(1) involve an impartial decisionmaker;
            ``(2) allow consumers to recover from an institution that
        violates the regulations established under this section;
            ``(3) provide a written statement of the basis for any
        decision and a public record of the proceedings.
    ``(f) Use of Names of Depository Institutions.--No insured
depository institution, and no affiliate of any insured depository
institution, may use or permit any other person to use the name, title,
or logo of such institution or any word or design which is the same as,
or substantially similar to, the name, title, or logo of such
institution in connection with any nondeposit product--
            ``(1) which is offered for sale by the institution or
        affiliate or by any other person at any office, of, or on
        behalf of, the institution; or
            ``(2) with respect to which the institution, affiliate, or
        other person provides an opinion or advice.
    ``(g) Requirements Relating to Confidential Consumer Financial
Information.--No retail depository institution shall disclose to any
affiliate or subsidiary of that institution that is not a retail
depository institution, and no affiliate of that company that is not an
insured depository institution shall disclose to any other affiliate
that is an insured depository institution or a subsidiary thereof, any
information regarding transactions or experiences between a consumer
and the depository institution affiliate or subsidiary in a position to
disclose this information unless the consumer--
            ``(1) has received clear and conspicuous disclosure that
        such information may be communicated among such persons; and
            ``(2) has had an opportunity, before such information is
        initially communicated, to direct that such information not be
        communicated among such persons. The provisions of the Fair
        Credit Reporting Act shall otherwise with regard to the sharing
        of information among affiliates; except that section 615(b)(2)
        of such Act shall apply without regard to section
        615(b)(2)(C)(ii).
    ``(h) No Effect On Other Authority.--
            ``(1) In general.--No provision of this section shall be
        construed as limiting or otherwise affecting--
                    ``(A) any authority of the Securities and Exchange
                Commission, any self-regulatory organization, the
                Municipal Securities Rulemaking Board, or the Secretary
                of the Treasury under any Federal securities law;
                    ``(B) any authority of any State insurance
                commissioner or other State authority under any State
                insurance law; or
                    ``(C) the applicability of any Federal securities
                law or State insurance law, or any regulation
                prescribed by the Commission, any self-regulatory
                organization, the Municipal Securities Rulemaking
                Board, the Secretary of the Treasury, or any State
                insurance commissioner or other State authority
                pursuant to any such law, to any person.
            ``(2) Definitions.--For purposes of this subsection, the
        following definitions shall apply:
                    ``(A) Federal securities law.--The term `Federal
                securities law' has the meaning given to the term
                `securities laws' in section 3(a)(47) of the Securities
                Exchange Act of 1934.
                    ``(B) Self-regulatory organization.--The term
                `self-regulatory organization' has the meaning given to
                such term in section 3(a)(26) of the Securities
                Exchange Act of 1934.''.

Output:
Depository Institution Consumer Protection Act of 1997 - Amends the Federal Deposit Insurance Act to require each Federal banking agency to prescribe consumer protection regulations pertaining to the sales, solicitations, advertising, or offers of a nondeposit product by a retail depository institution (including its affiliates, subsidiaries, and persons engaged in such activities at an institution office, or on its behalf).
Encompasses within the ambit of such regulations:  (1) anticoercion sales and product marketing rules; (2) product suitability; (3) mandatory disclosure of the non-insured and non-guaranteed status of a nondeposit product, including investment risks; (4) prohibition of misrepresentation; (5) physical segregation of banking and nonbanking activities; (6) sales personnel qualification requirements and training; and (7) the structuring of compensation programs with respect to nondeposit product referral or sales incentives.
Directs Federal banking regulators to jointly establish a consumer enforcement mechanism for expeditious consumer complaint resolution.
Proscribes the use of a deposit institution name or logo in connection with a nondeposit product serviced by such institution.
Sets forth safeguards relating to confidential consumer financial information.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Chimney Rock National Monument
Establishment Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) National monument.--The term ``national monument''
        means the Chimney Rock National Monument established by section
        3(a).
            (2) Secretary.--The term ``Secretary'' means the Secretary
        of Agriculture.
            (3) State.--The term ``State'' means the State of Colorado.

SEC. 3. ESTABLISHMENT OF CHIMNEY ROCK NATIONAL MONUMENT.

    (a) Establishment.--There is established in the State the Chimney
Rock National Monument--
            (1) to preserve, protect, and restore the archeological,
        cultural, historic, geologic, hydrologic, natural, educational,
        and scenic resources of Chimney Rock and adjacent land; and
            (2) to provide for public interpretation and recreation
        consistent with the protection of the resources described in
        paragraph (1).
    (b) Boundaries.--
            (1) In general.--The national monument shall consist of
        approximately 4,726 acres of land and interests in land, as
        generally depicted on the map entitled ``Boundary Map, Chimney
        Rock National Monument'' and dated January 5, 2010.
            (2) Minor adjustments.--The Secretary may make minor
        adjustments to the boundary of the national monument to reflect
        the inclusion of significant archeological resources discovered
        after the date of enactment of this Act on adjacent National
        Forest System land.
            (3) Availability of map.--The map described in paragraph
        (1) shall be on file and available for public inspection in the
        appropriate offices of the Forest Service.

SEC. 4. ADMINISTRATION.

    (a) In General.--The Secretary shall--
            (1) administer the national monument--
                    (A) in furtherance of the purposes for which the
                national monument was established; and
                    (B) in accordance with--
                            (i) this Act; and
                            (ii) any laws generally applicable to the
                        National Forest System; and
            (2) allow only such uses of the national monument that the
        Secretary determines would further the purposes described in
        section 3(a).
    (b) Tribal Uses.--
            (1) In general.--The Secretary shall administer the
        national monument in accordance with--
                    (A) the Native American Graves Protection and
                Repatriation Act (25 U.S.C. 3001 et seq.); and
                    (B) the policy described in Public Law 95-341
                (commonly known as the ``American Indian Religious
                Freedom Act'') (42 U.S.C. 1996).
            (2) Traditional uses.--Subject to any terms and conditions
        the Secretary determines to be necessary and in accordance with
        applicable law, the Secretary shall allow for the continued use
        of the national monument by members of Indian tribes--
                    (A) for traditional ceremonies; and
                    (B) as a source of traditional plants and other
                materials.
    (c) Vegetation Management.--The Secretary may carry out vegetation
management treatments within the national monument, except that the
harvesting of timber shall only be used if the Secretary determines
that the harvesting is necessary for--
            (1) ecosystem restoration in furtherance of section 3(a);
        or
            (2) the control of fire, insects, or diseases.
    (d) Motor Vehicles and Mountain Bikes.--The use of motor vehicles
and mountain bikes in the national monument shall be limited to the
roads and trails identified by the Secretary as appropriate for the use
of motor vehicles and mountain bikes.
    (e) Grazing.--The Secretary shall permit grazing within the
national monument, where established before the date of enactment of
this Act--
            (1) subject to all applicable laws (including regulations);
        and
            (2) consistent with the purposes described in section 3(a).
    (f) Utility Right-of-Way Upgrades.--Nothing in this Act precludes
the Secretary from renewing or authorizing the upgrading of a utility
right-of-way in existence as of the date of enactment of this Act
through the national monument--
            (1) in accordance with--
                    (A) the National Environmental Policy Act of 1969
                (42 U.S.C. 4321 et seq.); and
                    (B) any other applicable law; and
            (2) subject to such terms and conditions as the Secretary
        determines to be appropriate.
    (g) Education and Interpretive Center.--The Secretary may develop
and construct an education and interpretive center to interpret the
scientific and cultural resources of the national monument for the
public.
    (h) Designation of Manager.--
            (1) In general.--As soon as practicable after the
        management plan is developed under section 5(a), the Secretary
        shall designate an individual as manager of the national
        monument.
            (2) Other duties.--The manager designated under paragraph
        (1) shall not be precluded from fulfilling other
        responsibilities within the San Juan National Forest.

SEC. 5. MANAGEMENT PLAN.

    (a) In General.--Not later than 3 years after the date of enactment
of this Act, the Secretary, in consultation with Indian tribes with a
cultural or historic tie to Chimney Rock, shall develop a management
plan for the national monument.
    (b) Public Comment.--In developing the management plan, the
Secretary shall provide an opportunity for public comment by--
            (1) State and local governments;
            (2) tribal governments; and
            (3) any other interested organizations and individuals.

SEC. 6. LAND ACQUISITION.

    The Secretary may acquire land and any interest in land within or
adjacent to the boundary of the national monument by--
            (1) purchase from willing sellers with donated or
        appropriated funds;
            (2) donation; or
            (3) exchange.

SEC. 7. WITHDRAWAL.

    (a) In General.--Subject to valid existing rights, all Federal land
within the national monument (including any land or interest in land
acquired after the date of enactment of this Act) is withdrawn from--
            (1) entry, appropriation, or disposal under the public land
        laws;
            (2) location, entry, and patent under the mining laws; and
            (3) subject to subsection (b), operation of the mineral
        leasing, mineral materials, and geothermal leasing laws.
    (b) Limitation.--Notwithstanding subsection (a)(3), the Federal
land is not withdrawn for the purposes of issuance of gas pipeline
rights-of-way within easements in existence as of the date of enactment
of this Act.

SEC. 8. EFFECT.

    (a) Water Rights.--
            (1) In general.--Nothing in this Act affects any valid
        water rights, including water rights held by the United States.
            (2) Reserved water right.--The designation of the national
        monument does not create a Federal reserved water right.
    (b) Tribal Rights.--Nothing in this Act affects--
            (1) the rights of any Indian tribe on Indian land;
            (2) any individually held trust land or Indian allotment;
        or
            (3) any treaty rights providing for nonexclusive access to
        or within the national monument by members of Indian tribes for
        traditional and cultural purposes.
    (c) Fish and Wildlife.--Nothing in this Act affects the
jurisdiction of the State with respect to the management of fish and
wildlife on public land in the State.
    (d) Adjacent Uses.--Nothing in this Act--
            (1) creates a protective perimeter or buffer zone around
        the national monument; or
            (2) affects private property outside of the boundary of the
        national monument.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as are necessary
to carry out this Act.

Output:
Chimney Rock National Monument Establishment Act - Designates the Chimney Rock National Monument in Colorado to preserve, protect, and restore the cultural, historic, natural, educational, and scenic resources of Chimney Rock and adjacent land and to provide for public interpretation and recreation consistent with the protection of such resources.

Authorizes the Secretary of Agriculture (USDA) to make minor adjustments to the boundaries of the Monument to reflect the inclusion of significant archaeological resources discovered on adjacent National Forest System land.

 Permits only such uses of the Monument that would further the purposes specified above.

Allows for continued use of the Monument by Indian tribes for traditional ceremonies and as a source of traditional plants and other materials.

Authorizes the Secretary to carry out vegetation management treatments within the Monument, with the exception of timber harvesting which shall only be used when necessary for ecosystem restoration or the control of fire, insects, or diseases.

Authorizes the construction of an education and interpretive center to interpret the Monument's scientific and cultural resources for the public.

 Requires the Secretary to develop a management plan for the Monument.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Home Health Care Planning
Improvement Act of 2007''.

SEC. 2. IMPROVING CARE PLANNING FOR MEDICARE HOME HEALTH SERVICES.

    (a) In General.--Section 1814(a)(2) of the Social Security Act (42
U.S.C. 1395f(a)(2)), in the matter preceding subparagraph (A), is
amended--
            (1) by inserting ``(as those terms are defined in section
        1861(aa)(5))'' after ``clinical nurse specialist''; and
            (2) by inserting ``, or in the case of services described
        in subparagraph (C), a physician, or a nurse practitioner or
        clinical nurse specialist who is working in collaboration with
        a physician in accordance with State law, or a certified nurse-
        midwife (as defined in section 1861(gg)) as authorized by State
        law, or a physician assistant (as defined in section
        1861(aa)(5)) under the supervision of a physician'' after
        ``collaboration with a physician''.
    (b) Conforming Amendments.--(1) Section 1814(a) of the Social
Security Act (42 U.S.C. 1395f(a)) is amended--
            (A) in paragraph (2)(C), by inserting ``, a nurse
        practitioner, a clinical nurse specialist, a certified nurse-
        midwife, or a physician assistant (as the case may be)'' after
        ``physician'' each place it appears;
            (B) in the second sentence, by striking ``or clinical nurse
        specialist'' and inserting ``clinical nurse specialist,
        certified nurse-midwife, or physician assistant'';
            (C) in the third sentence--
                    (i) by striking ``physician certification'' and
                inserting ``certification'';
                    (ii) by inserting ``(or on January 1, 2008, in the
                case of regulations to implement the amendments made by
                section 2 of the Home Health Care Planning Improvement
                Act of 2007)'' after ``1981''; and
                    (iii) by striking ``a physician who'' and inserting
                ``a physician, nurse practitioner, clinical nurse
                specialist, certified nurse-midwife, or physician
                assistant who''; and
            (D) in the fourth sentence, by inserting ``, nurse
        practitioner, clinical nurse specialist, certified nurse-
        midwife, or physician assistant'' after ``physician''.
    (2) Section 1835(a) of the Social Security Act (42 U.S.C. 1395n(a))
is amended--
            (A) in paragraph (2)--
                    (i) in the matter preceding subparagraph (A), by
                inserting ``or, in the case of services described in
                subparagraph (A), a physician, or a nurse practitioner
                or clinical nurse specialist (as those terms are
                defined in 1861(aa)(5)) who is working in collaboration
                with a physician in accordance with State law, or a
                certified nurse-midwife (as defined in section
                1861(gg)) as authorized by State law, or a physician
                assistant (as defined in section 1861(aa)(5)) under the
                supervision of a physician'' after ``a physician''; and
                    (ii) in each of clauses (ii) and (iii) of
                subparagraph (A) by inserting ``, a nurse practitioner,
                a clinical nurse specialist, a certified nurse-midwife,
                or a physician assistant (as the case may be)'' after
                ``physician'';
            (B) in the third sentence, by inserting ``, nurse
        practitioner, clinical nurse specialist, certified nurse-
        midwife, or physician assistant (as the case may be)'' after
        physician;
            (C) in the fourth sentence--
                    (i) by striking ``physician certification'' and
                inserting ``certification'';
                    (ii) by inserting ``(or on January 1, 2008, in the
                case of regulations to implement the amendments made by
                section 2 of the Home Health Care Planning Improvement
                Act of 2007)'' after ``1981''; and
                    (iii) by striking ``a physician who'' and inserting
                ``a physician, nurse practitioner, clinical nurse
                specialist, certified nurse-midwife, or physician
                assistant who''; and
            (D) in the fifth sentence, by inserting ``, nurse
        practitioner, clinical nurse specialist, certified nurse-
        midwife, or physician assistant'' after ``physician''.
    (3) Section 1861 of the Social Security Act (42 U.S.C. 1395x) is
amended--
            (A) in subsection (m)--
                    (i) in the matter preceding paragraph (1)--
                            (I) by inserting ``a nurse practitioner or
                        a clinical nurse specialist (as those terms are
                        defined in subsection (aa)(5)), a certified
                        nurse-midwife (as defined in section 1861(gg)),
                        or a physician assistant (as defined in
                        subsection (aa)(5))'' after ``physician'' the
                        first place it appears; and
                            (II) by inserting ``a nurse practitioner, a
                        clinical nurse specialist, a certified nurse-
                        midwife, or a physician assistant'' after
                        ``physician'' the second place it appears; and
                    (ii) in paragraph (3), by inserting ``a nurse
                practitioner, a clinical nurse specialist, a certified
                nurse-midwife, or a physician assistant'' after
                ``physician''; and
            (B) in subsection (o)(2)--
                    (i) by inserting ``, nurse practitioners or
                clinical nurse specialists (as those terms are defined
                in subsection (aa)(5)), certified nurse-midwives (as
                defined in section 1861(gg)), or physician assistants
                (as defined in subsection (aa)(5))'' after
                ``physicians''; and
                    (ii) by inserting ``, nurse practitioner, clinical
                nurse specialist, certified nurse-midwife, physician
                assistant,'' after ``physician''.
    (4) Section 1895 of the Social Security Act (42 U.S.C. 1395fff) is
amended--
            (A) in subsection (c)(1), by inserting ``, the nurse
        practitioner or clinical nurse specialist (as those terms are
        defined in section 1861(aa)(5)), the certified nurse-midwife
        (as defined in section 1861(gg)), or the physician assistant
        (as defined in section 1861(aa)(5)),'' after ``physician''; and
            (B) in subsection (e)--
                    (i) in paragraph (1)(A), by inserting ``, a nurse
                practitioner or clinical nurse specialist (as those
                terms are defined in section 1861(aa)(5)), a certified
                nurse-midwife (as defined in section 1861(gg)), or a
                physician assistant (as defined in section
                1861(aa)(5))'' after ``physician''; and
                    (ii) in paragraph (2)--
                            (I) in the heading, by striking ``Physician
                        certification'' and inserting ``Rule of
                        construction regarding requirement for
                        certification''; and
                            (II) by striking ``physician''.
    (c) Effective Date.--The amendments made by this section shall
apply to items and services furnished on or after January 1, 2008.

Output:
Home Health Care Planning Improvement Act of 2007 - Amends title XVIII (Medicare) of the Social Security Act to revise conditions of and limitations on payment for home health care services.

Allows payment for home health services to Medicare beneficiaries by: (1) a nurse practitioner; (2) a clinical nurse specialist working in collaboration with a physician in accordance with state law; (3) a certified nurse-midwife; or (4) a physician assistant under a physician's supervision.


Input:
SECTION 1. MODIFICATIONS OF CREDIT FOR PRODUCTION FROM ADVANCED NUCLEAR
              POWER FACILITIES.

    (a) Treatment of Unutilized Limitation Amounts.--Section 45J(b) of
the Internal Revenue Code of 1986 is amended--
            (1) in paragraph (4), by inserting ``or any amendment to''
        after ``enactment of'', and
            (2) by adding at the end the following new paragraph:
            ``(5) Allocation of unutilized limitation.--
                    ``(A) In general.--Any unutilized national megawatt
                capacity limitation shall be allocated by the Secretary
                under paragraph (3) as rapidly as is practicable after
                December 31, 2020--
                            ``(i) first to facilities placed in service
                        on or before such date to the extent that such
                        facilities did not receive an allocation equal
                        to their full nameplate capacity, and
                            ``(ii) then to facilities placed in service
                        after such date in the order in which such
                        facilities are placed in service.
                    ``(B) Unutilized national megawatt capacity
                limitation.--The term `unutilized national megawatt
                capacity limitation' means the excess (if any) of--
                            ``(i) 6,000 megawatts, over
                            ``(ii) the aggregate amount of national
                        megawatt capacity limitation allocated by the
                        Secretary before January 1, 2021, reduced by
                        any amount of such limitation which was
                        allocated to a facility which was not placed in
                        service before such date.
                    ``(C) Coordination with other provisions.--In the
                case of any unutilized national megawatt capacity
                limitation allocated by the Secretary pursuant to this
                paragraph--
                            ``(i) such allocation shall be treated for
                        purposes of this section in the same manner as
                        an allocation of national megawatt capacity
                        limitation, and
                            ``(ii) subsection (d)(1)(B) shall not apply
                        to any facility which receives such
                        allocation.''.
    (b) Transfer of Credit by Certain Public Entities.--
            (1) In general.--Section 45J of such Code is amended--
                    (A) by redesignating subsection (e) as subsection
                (f), and
                    (B) by inserting after subsection (d) the following
                new subsection:
    ``(e) Transfer of Credit by Certain Public Entities.--
            ``(1) In general.--If, with respect to a credit under
        subsection (a) for any taxable year--
                    ``(A) the taxpayer would be a qualified public
                entity, and
                    ``(B) such entity elects the application of this
                paragraph for such taxable year with respect to all (or
                any portion specified in such election) of such credit,
        the eligible project partner specified in such election (and
        not the qualified public entity) shall be treated as the
        taxpayer for purposes of this title with respect to such credit
        (or such portion thereof).
            ``(2) Definitions.--For purposes of this subsection--
                    ``(A) Qualified public entity.--The term `qualified
                public entity' means--
                            ``(i) a Federal, State, or local government
                        entity, or any political subdivision, agency,
                        or instrumentality thereof,
                            ``(ii) a mutual or cooperative electric
                        company described in section 501(c)(12) or
                        section 1381(a)(2), or
                            ``(iii) a not-for-profit electric utility
                        which has or had received a loan or loan
                        guarantee under the Rural Electrification Act
                        of 1936.
                    ``(B) Eligible project partner.--The term `eligible
                project partner' means--
                            ``(i) any person responsible for, or
                        participating in, the design or construction of
                        the advanced nuclear power facility to which
                        the credit under subsection (a) relates,
                            ``(ii) any person who participates in the
                        provision of the nuclear steam supply system to
                        the advanced nuclear power facility to which
                        the credit under subsection (a) relates,
                            ``(iii) any person who participates in the
                        provision of nuclear fuel to the advanced
                        nuclear power facility to which the credit
                        under subsection (a) relates, or
                            ``(iv) any person who has an ownership
                        interest in such facility.
            ``(3) Special rules.--
                    ``(A) Application to partnerships.--In the case of
                a credit under subsection (a) which is determined at
                the partnership level--
                            ``(i) for purposes of paragraph (1)(A), a
                        qualified public entity shall be treated as the
                        taxpayer with respect to such entity's
                        distributive share of such credit, and
                            ``(ii) the term `eligible project partner'
                        shall include any partner of the partnership.
                    ``(B) Taxable year in which credit taken into
                account.--In the case of any credit (or portion
                thereof) with respect to which an election is made
                under paragraph (1), such credit shall be taken into
                account in the first taxable year of the eligible
                project partner ending with, or after, the qualified
                public entity's taxable year with respect to which the
                credit was determined.
                    ``(C) Treatment of transfer under private use
                rules.--For purposes of section 141(b)(1), any benefit
                derived by an eligible project partner in connection
                with an election under this subsection shall not be
                taken into account as a private business use.''.
            (2) Special rule for proceeds of transfers for mutual or
        cooperative electric companies.--Section 501(c)(12) of such
        Code is amended by adding at the end the following new
        subparagraph:
                    ``(I) In the case of a mutual or cooperative
                electric company described in this paragraph or an
                organization described in section 1381(a)(2), income
                received or accrued in connection with an election
                under section 45J(e)(1) shall be treated as an amount
                collected from members for the sole purpose of meeting
                losses and expenses.''.
    (c) Effective Dates.--
            (1) Treatment of unutilized limitation amounts.--The
        amendment made by subsection (a) shall take effect on the date
        of the enactment of this Act.
            (2) Transfer of credit by certain public entities.--The
        amendments made by subsection (b) shall apply to taxable years
        beginning after December 31, 2016.

Output: This bill amends the Internal Revenue Code, with respect to the tax credit for the production of electricity from advanced nuclear power facilities, to: (1) establish requirements for the allocation of unutilized portions of the national megawatt capacity limitation, and (2) allow public entities to transfer the credit to project partners. If a portion of the 6,000 national megawatt capacity limitation for the credit is unutilized after December 31, 2020, the Internal Revenue Service must allocate the unutilized capacity: (1) first to facilities that were placed in service on or before December 31, 2020, and did not receive an allocation equal to their full nameplate capacity, and (2) then to facilities placed in service after December 31, 2020, in the order in which the facilities are placed in service. The placed-in-service sunset date of January 1, 2021, does not apply to the allocations of unutilized national megawatt capacity.  Qualified public entities may transfer the credit to an eligible project partner. A "qualified public entity" is: (1) a federal, state, or local government or any political subdivision, agency, or instrumentality thereof; (2) a mutual or cooperative electric company; or (3) a not-for-profit electric utility which has or had received a loan or loan guarantee under the Rural Electrification Act of 1936.  An "eligible project partner" includes any person who: (1) is responsible for, or is participating in, the design or construction of the facility; (2) participates in the provision of nuclear steam or nuclear fuel to the facility, or (3) has an ownership interest in the facility.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Commission to Study the Potential
Creation of a National Women's History Museum Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Commission.--The term ``Commission'' means the
        Commission to Study the Potential Creation of a National
        Women's History Museum established by section 3(a).
            (2) Museum.--The term ``Museum'' means the National Women's
        History Museum.

SEC. 3. ESTABLISHMENT OF COMMISSION.

    (a) In General.--There is established the Commission to Study the
Potential Creation of a National Women's History Museum.
    (b) Membership.--The Commission shall be composed of 8 members, of
whom--
            (1) 2 members shall be appointed by the majority leader of
        the Senate;
            (2) 2 members shall be appointed by the Speaker of the
        House of Representatives;
            (3) 2 members shall be appointed by the minority leader of
        the Senate; and
            (4) 2 members shall be appointed by the minority leader of
        the House of Representatives.
    (c) Qualifications.--Members of the Commission shall be appointed
to the Commission from among individuals, or representatives of
institutions or entities, who possess--
            (1)(A) a demonstrated commitment to the research, study, or
        promotion of women's history, art, political or economic
        status, or culture; and
            (B)(i) expertise in museum administration;
            (ii) expertise in fundraising for nonprofit or cultural
        institutions;
            (iii) experience in the study and teaching of women's
        history;
            (iv) experience in studying the issue of the representation
        of women in art, life, history, and culture at the Smithsonian
        Institution; or
            (v) extensive experience in public or elected service;
            (2) experience in the administration of, or the planning
        for, the establishment of, museums; or
            (3) experience in the planning, design, or construction of
        museum facilities.
    (d) Prohibition.--No employee of the Federal Government may serve
as a member of the Commission.
    (e) Deadline for Initial Appointment.--The initial members of the
Commission shall be appointed not later than the date that is 90 days
after the date of enactment of this Act.
    (f) Vacancies.--A vacancy in the Commission--
            (1) shall not affect the powers of the Commission; and
            (2) shall be filled in the same manner as the original
        appointment was made.
    (g) Chairperson.--The Commission shall, by majority vote of all of
the members, select 1 member of the Commission to serve as the
Chairperson of the Commission.

SEC. 4. DUTIES OF THE COMMISSION.

    (a) Reports.--
            (1) Plan of action.--The Commission shall submit to the
        President and Congress a report containing the recommendations
        of the Commission with respect to a plan of action for the
        establishment and maintenance of a National Women's History
        Museum in Washington, DC.
            (2) Report on issues.--The Commission shall submit to the
        President and Congress a report that addresses the following
        issues:
                    (A) The availability and cost of collections to be
                acquired and housed in the Museum.
                    (B) The impact of the Museum on regional women
                history-related museums.
                    (C) Potential locations for the Museum in
                Washington, DC, and its environs.
                    (D) Whether the Museum should be part of the
                Smithsonian Institution.
                    (E) The governance and organizational structure
                from which the Museum should operate.
                    (F) Best practices for engaging women in the
                development and design of the Museum.
                    (G) The cost of constructing, operating, and
                maintaining the Museum.
            (3) Deadline.--The reports required under paragraphs (1)
        and (2) shall be submitted not later than the date that is 18
        months after the date of the first meeting of the Commission.
    (b) Fundraising Plan.--
            (1) In general.--The Commission shall develop a fundraising
        plan to support the establishment, operation, and maintenance
        of the Museum through contributions from the public.
            (2) Considerations.--In developing the fundraising plan
        under paragraph (1), the Commission shall consider--
                    (A) the role of the National Women's History Museum
                (a nonprofit, educational organization described in
                section 501(c)(3) of the Internal Revenue Code of 1986
                that was incorporated in 1996 in Washington, DC, and
                dedicated for the purpose of establishing a women's
                history museum) in raising funds for the construction
                of the Museum; and
                    (B) issues relating to funding the operations and
                maintenance of the Museum in perpetuity without
                reliance on appropriations of Federal funds.
            (3) Independent review.--The Commission shall obtain an
        independent review of the viability of the plan developed under
        paragraph (1) and such review shall include an analysis as to
        whether the plan is likely to achieve the level of resources
        necessary to fund the construction of the Museum and the
        operations and maintenance of the Museum in perpetuity without
        reliance on appropriations of Federal funds.
            (4) Submission.--The Commission shall submit the plan
        developed under paragraph (1) and the review conducted under
        paragraph (3) to the Committees on Transportation and
        Infrastructure, House Administration, Natural Resources, and
        Appropriations of the House of Representatives and the
        Committees on Rules and Administration, Energy and Natural
        Resources, and Appropriations of the Senate.
    (c) Legislation To Carry Out Plan of Action.--Based on the
recommendations contained in the report submitted under paragraphs (1)
and (2) of subsection (a), the Commission shall submit for
consideration to the Committees on Transportation and Infrastructure,
House Administration, Natural Resources, and Appropriations of the
House of Representatives and the Committees on Rules and
Administration, Energy and Natural Resources, and Appropriations of the
Senate recommendations for a legislative plan of action to establish
and construct the Museum.
    (d) National Conference.--Not later than 18 months after the date
on which the initial members of the Commission are appointed under
section 3, the Commission may, in carrying out the duties of the
Commission under this section, convene a national conference relating
to the Museum, to be comprised of individuals committed to the
advancement of the life, art, history, and culture of women.

SEC. 5. DIRECTOR AND STAFF OF COMMISSION.

    (a) Director and Staff.--
            (1) In general.--The Commission may employ and compensate
        an executive director and any other additional personnel that
        are necessary to enable the Commission to perform the duties of
        the Commission.
            (2) Rates of pay.--Rates of pay for persons employed under
        paragraph (1) shall be consistent with the rates of pay allowed
        for employees of a temporary organization under section 3161 of
        title 5, United States Code.
    (b) Not Federal Employment.--Any individual employed under this Act
shall not be considered a Federal employee for the purpose of any law
governing Federal employment.
    (c) Technical Assistance.--
            (1) In general.--Subject to paragraph (2), on request of
        the Commission, the head of a Federal agency may provide
        technical assistance to the Commission.
            (2) Prohibition.--No Federal employees may be detailed to
        the Commission.

SEC. 6. ADMINISTRATIVE PROVISIONS.

    (a) Compensation.--
            (1) In general.--A member of the Commission--
                    (A) shall not be considered to be a Federal
                employee for any purpose by reason of service on the
                Commission; and
                    (B) shall serve without pay.
            (2) Travel expenses.--A member of the Commission shall be
        allowed a per diem allowance for travel expenses, at rates
        consistent with those authorized under subchapter I of chapter
        57 of title 5, United States Code.
    (b) Gifts, Bequests, Devises.--The Commission may solicit, accept,
use, and dispose of gifts, bequests, or devises of money, services, or
real or personal property for the purpose of aiding or facilitating the
work of the Commission.
    (c) Federal Advisory Committee Act.--The Commission shall not be
subject to the Federal Advisory Committee Act (5 U.S.C. App.).

SEC. 7. TERMINATION.

    The Commission shall terminate on the date that is 30 days after
the date on which the final versions of the reports required under
section 4(a) are submitted.

SEC. 8. FUNDING.

    (a) In General.--The Commission shall be solely responsible for
acceptance of contributions for, and payment of the expenses of, the
Commission.
    (b) Prohibition.--No Federal funds may be obligated to carry out
this Act.

            Passed the House of Representatives May 7, 2014.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.

Output: Commission to Study the Potential Creation of a National Women's History Museum Act - Establishes the Commission to Study the Potential Creation of a National Women's History Museum.  Requires the Commission to: (1) report recommendations for a plan of action for the establishment and maintenance of a National Women's History Museum in Washington, D.C.; (2) develop a fundraising plan to support the establishment, operation, and maintenance of the Museum through public contributions; (3) obtain an independent review of such fundraising plan, including an analysis of the resources necessary to fund the construction of the Museum and its operations and maintenance in perpetuity without reliance on federal funds; and (4) submit a legislative plan of action to establish and construct the Museum. Directs the Commission's recommendations to address issues including the impact of the Museum on regional women history-related museums, whether it should be part of the Smithsonian Institution, and the cost of constructing, operating, and maintaining the Museum and acquiring its collections. Prohibits federal funds from being obligated to carry out this Act.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Graduation Really Achieves Dreams
Act'' or the ``GRAD Act''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) The national secondary school graduation rate is only
        70 percent. For the class of 2001, the national graduation rate
        was only 51 percent for African-American students and 52
        percent for Latino students.
            (2) In our Nation's high poverty urban districts, as few as
        \1/3\ of students graduate from secondary school. In these
        places, completion rates among certain disadvantaged groups of
        students are often lower still.
            (3) In rural areas, where \1/3\ of American students attend
        school, only 58.8 percent of students attend institutions of
        higher education, compared with 68.2 percent of American
        students from urban and suburban areas.
            (4) Each school day, approximately 3,000 secondary school
        students drop out of school.
            (5) Alaska Natives have a substantially higher dropout rate
        than all other students in Alaska as a group. The dropout rate
        is 8.8 percent for Alaska Natives compared to 4.7 percent for
        the 2001-2002 school year for other students in Alaska.
            (6) The 6,000,000 secondary students who make up the lowest
        25 percent in terms of achievement scores are 3.5 times more
        likely to drop out of secondary school than students in the
        next highest quarter of academic achievement, and are 20 times
        more likely to drop out than high achieving students.
            (7) Approximately 25 percent of secondary school students
        are reading at below basic levels. The problem is even more
        severe for poor students of color. The average minority or low-
        income 9th grader performs at only the 5th or 6th grade level
        in reading.
            (8) During the 2002-2003 school year Alaska Benchmark
        Examinations, significantly lower percentages of Alaska Natives
        were proficient in reading, writing, and mathematics at each of
        the 3 tested grade levels when compared to all other students.
        These achievement gaps persist into secondary school, where
        significantly lower percentages of Alaska Natives were
        proficient in the subjects tested on the Alaska High School
        Graduation Qualifying Examination in all grade levels where
        that test was administered in 2002-2003 school year.
            (9) Achievement gaps persist across racial and
        socioeconomic lines in rural schools. There are 2,500,000 poor
        children in rural areas and the child poverty rate in some
        rural areas is 2 to 3 times the national average.
            (10) Recruiting and retaining good teachers is an enormous
        challenge in rural areas. The average salary in rural districts
        is 13.4 percent lower than in nonrural areas, and teachers
        often teach more than 1 subject, teach in poor working
        conditions, live far from colleges, have little access to
        training, and face geographic and social isolation.
            (11) Low graduation rates and college attendance rates are
        evidence that, in the earlier grades, schools are not meeting
        the fundamental achievement needs of low-income, minority, and
        rural students.
            (12) Even those students who do graduate from secondary
        schools and go on to college are struggling because they lack
        the basic skills to succeed. Approximately 40 percent of all 4-
        year college students take a remedial course and 63 percent of
        all community college students are assigned to at least 1
        remedial course.
            (13) A small percentage of low-income students who manage
        to enter college are able to complete a degree. Of students
        from families in the bottom 20 percent in terms of income who
        enter college, only 27 percent go on to complete a 2- or 4-year
        college degree within 8 years.
            (14) Graduation rates impact early drop-out rates in the
        military. The attrition rates in the military of both
        individuals who are not secondary school graduates and GED
        recipients are 8 percentage points higher than the attrition
        rate of secondary school graduates. As a result, the Armed
        Forces no longer accept secondary school dropouts and put less
        value on alternative certificates.
            (15) Students who fail to graduate from secondary school
        are more likely to engage in criminal activity than students
        who graduate. A 1-percent increase in secondary school
        graduation rates would save approximately $1,400,000,000 in
        costs associated with incarceration, or about $2,100 for each
        male secondary school graduate.
            (16) In today's workplace, nearly 8 in 10 adults with
        baccalaureate degrees are employed, but for those who completed
        secondary school only, the number falls to about 6 in 10. And
        for students who dropped out of secondary school, the number
        drops further to 4 in 10.
            (17) Employment projections indicate that jobs requiring
        only a secondary school degree will grow by just 9 percent by
        the year 2008, while those jobs requiring a bachelor's degree
        will grow by 25 percent and those jobs requiring an associate's
        degree will grow by 31 percent.
            (18) Personalization of the school environment has been
        proven to increase success rates for low-performing secondary
        school students. Nearly 50 percent of middle school youth and
        40 percent of secondary school youth report feelings of
        disengagement from school. Rates are even higher for teens and
        minorities in urban schools. These feelings result in failure
        to work hard, to seek assistance, or to take appropriate
        courses.
            (19) Effective research-based education programs that
        improve secondary school graduation rates are comprehensive in
        nature and include interventions that begin in kindergarten or
        earlier and span all the grades through grade 12.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) At-risk.--The term ``at-risk'' has the same meaning
        given such term in section 1432 of the Elementary and Secondary
        Education Act of 1965 (20 U.S.C. 6472).
            (2) Feeder pattern.--The term ``feeder pattern'' means a
        secondary school and the elementary schools and middle schools
        that channel students into that secondary school.
            (3) Elementary school; secondary school.--The terms
        ``elementary school'' and ``secondary school'' have the
        meanings given such terms in section 9101 of the Elementary and
        Secondary Education Act of 1965 (20 U.S.C. 7801).
            (4) Secretary.--The term ``Secretary'' means the Secretary
        of Education.

SEC. 4. PROJECT GRAD.

    (a) Purposes.--The purposes of this Act are--
            (1) to provide support and assistance to programs
        implementing integrated education reform services in order to
        improve secondary school graduation, college attendance, and
        college completion rates for at-risk students; and
            (2) to promote the establishment of new programs to
        implement such integrated education reform services.
    (b) Grant Authorized.--The Secretary is authorized to award a grant
to Project GRAD USA (referred to in this Act as the ``grantee''), a
nonprofit educational organization that has as its primary purpose the
improvement of secondary school graduation, college attendance, and
college completion rates for at-risk students, to implement and sustain
the integrated education reform services described in subsection (d)(3)
at existing Project GRAD program sites and to promote the expansion of
Project GRAD programs to new sites.
    (c) Requirements of Grant Agreement.--The Secretary shall enter
into an agreement with the grantee that requires that the grantee
shall--
            (1) enter into subcontracts with nonprofit educational
        organizations that serve a substantial number or percentage of
        at-risk students (referred to in this Act as
        ``subcontractors''), under which the subcontractors agree to
        implement the programs described in subsection (d) and provide
        matching funds for such programs;
            (2) directly carry out--
                    (A) activities to implement and sustain the
                reading, mathematics, classroom management, social
                service, and college access programs described in
                subsection (d)(3);
                    (B) activities to build the organizational and
                management capacity of the subcontractors to
                effectively implement and sustain the programs;
                    (C) activities for the purpose of improving and
                expanding the programs, including activities to further
                articulate a program for 1 or more grade levels and
                across grade levels, to tailor a program for a
                particular target audience, and to provide tighter
                integration across programs;
                    (D) activities for the purpose of implementing new
                Project GRAD program sites;
                    (E) activities for the purpose of promoting greater
                public awareness of integrated education reform
                services to improve secondary school graduation,
                college attendance, and college completion rates for
                at-risk students; and
                    (F) other activities directly related to improving
                secondary school graduation, college attendance, and
                college completion rates for at-risk students; and
            (3) use grant funds available under this Act to pay--
                    (A) to subcontractors the amount determined under
                subsection (f); and
                    (B) the costs associated with carrying out the
                activities described in paragraph (2).
    (d) Supported Programs.--
            (1) Designation.--The subcontractor programs referred to in
        subsection (c)(1) shall be known as ``Project GRAD programs''.
            (2) Feeder patterns.--Each subcontractor shall implement a
        Project GRAD program and shall, with the agreement of the
        grantee--
                    (A) identify or establish not less than 1 feeder
                pattern of public schools; and
                    (B) provide the integrated educational reform
                services described in paragraph (3) at the identified
                feeder pattern or feeder patterns.
            (3) Integrated education reform services.--The services
        provided through a Project GRAD program shall include--
                    (A) research-based programs in reading,
                mathematics, and classroom management;
                    (B) campus-based social services programs,
                including a systematic approach to increase family and
                community involvement in the schools served by the
                Project GRAD program;
                    (C) a college access program that includes--
                            (i) providing college scholarships for
                        students who meet established criteria;
                            (ii) proven approaches for increasing
                        student and family college awareness; and
                            (iii) assistance for such students in
                        applying for higher education financial aid;
                        and
                    (D) such other services identified by the grantee
                as necessary to increase secondary school graduation,
                college attendance, and college completion rates.
    (e) Grantee Use of Funds.--Of the funds made available under this
Act, not more than 8 percent, or $4,000,000, whichever is less, shall
be used by the grantee to pay for administration of the grant, with the
remainder of funds to be used for the purposes described in subsection
(c) (1) and (2).
    (f) Grantee Contribution and Matching Requirement.--
            (1) In general.--The grantee shall provide to each
        subcontractor an average of $200 for each pupil served by the
        subcontractor in the Project GRAD program, adjusted to take
        into consideration--
                    (A) the resources available in the area where the
                subcontractor will implement the Project GRAD program;
                and
                    (B) the need for Project GRAD programs in such area
                to improve student outcomes, including reading and
                mathematics achievement and, where applicable,
                secondary school graduation, college attendance, and
                college completion rates.
            (2) Matching requirement.--Each subcontractor shall provide
        funds for the Project GRAD program in an amount that is equal
        to the amount received by the subcontractor from the grantee.
        Such matching funds may be provided in cash or in kind, fairly
        evaluated.
            (3) Waiver authority.--The grantee may waive, in whole or
        in part, the requirement of paragraph (2) for a subcontractor,
        if the subcontractor--
                    (A) demonstrates that the subcontractor would not
                otherwise be able to participate in the program; and
                    (B) enters into an agreement with the grantee with
                respect to the amount to which the waiver will apply.
            (4) Decrease in grantee share.--Based on the funds or
        resources available to a subcontractor, the grantee may elect
        to provide the subcontractor with an amount that is less than
        the amount determined under paragraph (1).
    (g) Evaluation.--
            (1) Evaluation by the secretary.--The Secretary shall
        select an independent entity to evaluate, every 3 years, the
        performance of students who participate in a Project GRAD
        program under this Act. The evaluation shall--
                    (A) be conducted using the strongest possible
                research design for determining the effectiveness of
                the Project GRAD programs funded under this Act; and
                    (B) compare reading and mathematics achievement
                and, where applicable, the secondary school graduation,
                college attendance, and college completion rates of
                students who participate in a Project GRAD program
                funded under this Act with those indicators for
                students of similar backgrounds who do not participate
                in such programs.
            (2) Evaluation by grantee and subcontractors.--
                    (A) In general.--The grantee shall require each
                subcontractor to prepare an in-depth report of the
                results and the use of funds of each Project GRAD
                program funded under this Act that includes--
                            (i) data on the reading and mathematics
                        achievement of students involved in the Project
                        GRAD program;
                            (ii) statistics on secondary school
                        graduation, college attendance, and college
                        completion rates; and
                            (iii) such financial reporting as required
                        by the Secretary to review the effectiveness
                        and efficiency of the program.
                    (B) Form of report.--The report shall be in a form
                and include such content as shall be determined by the
                grantee, in consultation with the Secretary or the
                entity selected by the Secretary to evaluate the
                Project GRAD programs in accordance with paragraph (1).
            (3) Availability of evaluations.--Copies of any evaluation
        or report prepared under this subsection shall be made
        available to--
                    (A) the Secretary;
                    (B) the chairperson and ranking member of the
                Committee on Health, Education, Labor, and Pensions of
                the Senate; and
                    (C) the chairperson and ranking member of the
                Committee on Education and the Workforce of the House
                of Representatives.

SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this Act
$27,000,000 for fiscal year 2006, and such sums as may be necessary for
each of the 5 succeeding fiscal years.

Output:
Graduation Really Achieves Dreams Act - GRAD Act - Authorizes the Secretary of Education to award a grant to Project GRAD USA, a nonprofit educational organization for improving high school graduation and college attendance and completion rates for at-risk students, to provide technical assistance and support through subgrants to existing and new programs that implement a set of integrated education reform services.

Requires the grantee to select only subgrantees that serve a substantial number or percentage of at-risk students. Requires the programs to identify one or more groups of public schools at which services will be provided through a feeder pattern through which elementary and secondary schools channel students having participated in program services into an identified high school. Requires program services to include: (1) research-based programs in reading, mathematics, and classroom management; (2) campus-based social services programs, including increasing family and community involvement in schools; (3) a college access program, including providing college scholarships for students who meet established criteria, increasing student and family college awareness, and assisting students to apply for college financial aid; and (4) other services the grantee identifies as necessary.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Gender Advancement in Pay Act'' or
the ``GAP Act''.

SEC. 2. ENHANCED PROHIBITION ON WAGE DISCRIMINATION.

    Section 6(d) of the Fair Labor Standards Act of 1938 (29 U.S.C.
206(d)) is amended--
            (1) in paragraph (1)--
                    (A) in clause (iii), by striking ``or'' at the end;
                    (B) by redesignating clause (iv) as clause (vi);
                    (C) by inserting before clause (vi), as
                redesignated by subparagraph (B) of this paragraph, the
                following: ``(iv) a differential based on expertise;
                (v) a shift differential; or''; and
                    (D) in clause (vi), as redesignated by subparagraph
                (B) of this paragraph, by striking ``any other factor
                other than sex'' and inserting ``a business-related
                factor other than sex, including but not limited to
                education, training, or experience'';
            (2) by redesignating paragraph (4) as paragraph (5); and
            (3) by inserting after paragraph (3) the following:
    ``(4) If a charge is filed by or on behalf of an employee for a
violation of title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e
et seq.), and an action is brought by or on behalf of the employee for
a violation of this subsection, with respect to the same practice, or
if an action is brought before the Equal Employment Opportunity
Commission by or on behalf of the employee for a violation of this
subsection, the statute of limitations for the action involved under
section 6 of the Portal-to-Portal Act of 1947 (29 U.S.C. 255) shall be
tolled until the earlier of--
            ``(A) the date on which the Equal Employment Opportunity
        Commission or the Attorney General brings an action or provides
        notification to the employee with respect to the charge under
        section 706(f)(1) of the Civil Rights Act of 1964 (42 U.S.C.
        2000e-5(f)(1)); or
            ``(B) the date that is 270 days after the date on which
        such charge is filed.''.

SEC. 3. NONRETALIATION PROVISION.

    Section 15 of the Fair Labor Standards Act of 1938 (29 U.S.C. 215)
is amended--
            (1) in subsection (a)(3), by striking ``employee has
        filed'' and all that follows and inserting ``employee--
                    ``(A) has made a charge or filed any complaint or
                instituted or caused to be instituted any
                investigation, proceeding, hearing, or action under or
                related to this Act, including an investigation
                conducted by the employer, or has testified or is
                planning to testify or has assisted or participated in
                any manner in any such investigation, proceeding,
                hearing, or action, or has served or is planning to
                serve on an industry committee; or
                    ``(B) has inquired about, discussed, or disclosed
                the wages of the employee or another employee, or has
                declined to discuss or disclose the wages of the
                employee;''; and
            (2) by adding at the end the following:
    ``(c)(1) Subsection (a)(3)(B) shall not apply to an instance in
which an employee who has access to the wage information of other
employees as a part of such employee's essential job functions
discloses the wages of any of such other employees to an individual who
does not otherwise have access to such information, unless such
disclosure is in response to a charge or complaint or in furtherance of
an investigation, proceeding, hearing, or action under or related to
section 6(d), including an investigation conducted by the employer.
    ``(2) Any employer who requires an employee to sign a contract or
waiver that would prohibit the employee from disclosing information
about the employee's wages shall be considered to have committed an
unlawful act under subsection (a)(3)(B).
    ``(3) Nothing in this subsection shall be construed to limit the
rights of an employee provided under any other provision of law.''.

SEC. 4. CIVIL PENALTY.

    Section 16(e) of the Fair Labor Standards Act of 1938 (29 U.S.C.
216(e)) is amended--
            (1) in paragraph (2)--
                    (A) by striking ``(2)'' and inserting ``(2)(A)'';
                and
                    (B) by adding at the end the following:
    ``(B)(i) Any person who willfully violates section 6(d) shall be
subject to--
            ``(I) a civil penalty in an amount described in clause (ii)
        for each employee affected (less the amount of any penalty the
        person has paid under State law for the wage differential
        involved); and
            ``(II) any penalty that may apply under subparagraph (A).
    ``(ii) The amount referred to in clause (i)(I) shall be--
            ``(I) for an employer with not more than 100 employees, the
        lesser of the amount of the liquidated damages available under
        subsection (b) or (c), or $2,500;
            ``(II) for an employer with not less than 101 and not more
        than 200 employees, the lesser of the amount of the liquidated
        damages available under subsection (b) or (c), or $5,000;
            ``(III) for an employer with not less than 201 and not more
        than 500 employees, the lesser of the amount of the liquidated
        damages available under subsection (b) or (c), or $10,000; and
            ``(IV) for an employer with not less than 501 employees,
        the lesser of the amount of the liquidated damages available
        under subsection (b) or (c), or $15,000.'';
            (2) in paragraph (3), in the first sentence, by striking
        ``this subsection'' and inserting ``this subsection (other than
        paragraph (2)(B)); and
            (3) in paragraph (5)--
                    (A) in the first sentence, by striking ``violations
                of section 12'' and inserting ``violations of section
                6(d) or section 12''; and
                    (B) by inserting after the first sentence the
                following: ``Civil penalties collected for violations
                of section 6(d) shall be deposited in the account
                created under section 5(d) of the GAP Act.''.

SEC. 5. STUDY ON HIGH-WAGE, HIGH-DEMAND OCCUPATIONS AND EQUIVALENT PAY.

    (a) Joint Study.--Using funds from the account created under
subsection (d), the Secretary of Labor, together with the Secretary of
Education, shall conduct a multistate study, through a grant to a
nonprofit research institution, that includes strategies to increase
the participation of women in--
            (1) high-wage, high-demand occupations; and
            (2) industries in which women are underrepresented.
    (b) Comptroller General Study.--Using funds from the account
created under subsection (d), the Comptroller General of the United
States shall conduct a multistate study to develop strategies described
in subsection (a).
    (c) Reports.--Not later than 2 years after the date of enactment of
this Act--
            (1) the Secretary of Labor and the Secretary of Education
        shall submit to Congress a report containing--
                    (A) a statement of the findings and conclusions of
                the study under subsection (a); and
                    (B) any recommendations the Secretary of Labor and
                the Secretary of Education consider appropriate based
                on their conclusions;
            (2) the Comptroller General shall submit to Congress a
        report containing--
                    (A) a statement of the findings and conclusions of
                the study under subsection (b); and
                    (B) any recommendations the Comptroller General
                considers appropriate based on its conclusions; and
            (3) the Secretary of Labor, the Secretary of Education, and
        the Comptroller General shall make available to the public the
        reports described in this subsection.
    (d) Accounts.--
            (1) In general.--The Secretary of Labor shall create an
        account to manage the funds required to conduct the studies
        under subsections (a) and (b) and to complete the reports under
        subsection (c). The account shall contain the civil penalties
        collected under section 16(e)(2) of the Fair Labor Standards
        Act of 1938 (29 U.S.C. 216(e)(2)).
            (2) Withdrawal of funds.--The Secretary of Labor is
        authorized to withdraw funds from the account created under
        subsection (d) to carry out the joint study under subsection
        (a).
            (3) Transfer of funds.--At the request of the Comptroller
        General, the Secretary of Labor shall transfer to the
        Comptroller General the funds required to carry out the study
        under subsection (b).

SEC. 6. SMALL BUSINESS ASSISTANCE.

    (a) Effective Date.--This Act and the amendments made by this Act
shall take effect on the date that is 6 months after the date of
enactment of this Act.
    (b) Technical Assistance Materials.--The Secretary of Labor and the
Equal Employment Opportunity Commission shall jointly develop technical
assistance materials to assist small businesses in complying with the
requirements of this Act and the amendments made by this Act.
    (c) Small Businesses.--A small business shall be exempt from the
provisions of this Act, and the amendments made by this Act, to the
same extent that such business is exempt from the requirements of the
Fair Labor Standards Act of 1938 pursuant to clauses (i) and (ii) of
section 3(s)(1)(A) of such Act (29 U.S.C. 203(s)(1)(A)).

SEC. 7. RULE OF CONSTRUCTION.

    Nothing in this Act, or in any amendment made by this Act, shall
affect the obligation of employers and employees to fully comply with
all applicable immigration laws, including any penalties, fines, or
other sanctions.

Output: Gender Advancement in Pay Act or the GAP Act This bill amends the Fair Labor Standards Act of 1938 to expand exceptions to the prohibition against sex discrimination to include payments pursuant to a differential based on expertise, shift, or a business-related factor other than sex, including but not limited to education, training, or experience. The statute of limitations under the Portal-to-Portal Act of 1947 for a charge of prohibited sex discrimination, or an action by or on behalf of an employee for such discrimination, shall be tolled until the earlier of: (1) the date on which the Equal Employment Commission or the Department of Justice brings an action or notifies the employee concerned with respect to the charge under the Civil Rights Act of 1964, or (2) 270 days after the charge is filed. Nonretaliation prohibitions are extended to cover inquiring about, discussing, or disclosing the wages of an employee or of another employee, or declining to discuss or disclose the employee's wages, with specified exceptions. An employer shall be considered to have committed an unlawful act if the employer requires an employee to sign a contract or waiver that would prohibit the employee from disclosing information about the employee's wages. Civil penalties are established for violation of prohibitions against sex discrimination. The Department of Labor, together with the Department of Education, shall conduct a multistate study, through a grant to a nonprofit research institution, that includes strategies to increase the participation of women in high-wage, high-demand occupations and industries in which women are underrepresented. The Government Accountability Office shall also conduct a multistate study to develop such strategies.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Strengthening Community Safety Act
of 2010''.

SEC. 2. FIRST RESPONDER AGENCY GRANTS.

    (a) In General.--Title XX of the Homeland Security Act of 2002 (6
U.S.C. 601 et seq.) is amended by adding at the end the following:

                     ``Subtitle C--Other Assistance

``SEC. 2041. FIRST RESPONDER AGENCY GRANTS.

    ``(a) Definitions.--In this section--
            ``(1) the term `active duty' has the meaning given that
        term in section 101 of title 10, United States Code;
            ``(2) the term `eligible first responder agency' means a
        first responder agency for which the cost of operating the
        first responder agency has increased by not less than 5 percent
        as a direct result of 1 or more employees of the first
        responder agency who are reservists being placed on active
        duty;
            ``(3) the term `first responder agency' means--
                    ``(A) a law enforcement agency or fire service (as
                defined in section 4 of the Federal Fire Prevention and
                Control Act of 1974 (15 U.S.C. 2203)) of a State or
                local government; or
                    ``(B) a publicly or privately operated ambulance
                service that is--
                            ``(i) authorized or licensed by a State to
                        engage in rescue activity or to provide
                        emergency medical services; and
                            ``(ii) designated by a State as a
                        prehospital emergency medical response agency;
                        and
            ``(4) the term `reservist' means a member of a reserve
        component of the Armed Forces, as defined in section 10101 of
        title 10, United States Code.
    ``(b) Authorization.--
            ``(1) In general.--Subject to paragraph (2), the
        Administrator may make a grant to an eligible first responder
        agency for the additional costs incurred by the eligible first
        responder agency as a direct result of 1 or more employees of
        the agency or service who are reservists being placed on active
        duty.
            ``(2) Limitation for federally funded positions.--The
        Administrator may not make a grant under this section for costs
        relating to an employee being placed on active duty if Federal
        funds are used, in whole or in part, for the pay or benefits of
        the employee.
    ``(c) Use of Funds.--A grant under this section may be used for--
            ``(1) pay and benefits for an individual hired to replace
        an employee placed on active duty;
            ``(2) overtime expenses for an employee that performs tasks
        that would have been performed by an employee placed on active
        duty; and
            ``(3) the cost of equipment, maintenance, or other
        activities--
                    ``(A) the eligible first responder agency was
                unable to acquire or perform because of the cost of
                replacing an employee placed on active duty; or
                    ``(B) the need for which was caused by an employee
                being placed on active duty.
    ``(d) Period of Grant.--A grant under this section shall be for a
period of 6 months.''.
    (b) Reporting.--
            (1) Definitions.--In this subsection, the terms ``active
        duty'', ``first responder agency'', and ``reservist'' have the
        meanings given those terms in section 2041 of the Homeland
        Security Act of 2002, as added by subsection (a).
            (2) Report.--Not later than 2 years after the date of
        enactment of this Act, the Administrator of the Federal
        Emergency Management Agency shall submit to Congress a report
        regarding the placing on active duty of employees of first
        responder agencies that are reservists, including an evaluation
        of--
                    (A) the effects, including financial effects, of
                placing the employees on active duty on--
                            (i) the operation of the first responder
                        agencies; and
                            (ii) the services the first responder
                        agencies provide to the communities served by
                        the first responder agencies; and
                    (B) first responder agency grants under section
                2041 of the Homeland Security Act of 2002, as added by
                subsection (a), including the effect of the grants on--
                            (i) the operation of the first responder
                        agencies; and
                            (ii) the services the first responder
                        agencies provide to the communities served by
                        the first responder agencies.
    (c) Technical and Conforming Amendment.--The table of contents in
section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et
seq.) is amended by adding at the end the following:

                     ``Subtitle C--Other Assistance

``Sec. 2041. First responder agency grants.''.

Output:
Strengthening Community Safety Act of 2010 - Amends the Homeland Security Act of 2002 to authorize the Administrator of the Federal Emergency Management Agency (FEMA) to make a grant to an eligible first responder agency for the additional costs incurred as a direct result of one or more of its employees who are reservists being placed on active duty. Defines "eligible first responder agency" as one for which the cost of operating has increased by not less than 5% as a direct result of such employees being placed on active duty.

Prohibits the Administrator from making a grant for costs relating to an employee being placed on active duty if federal funds are used for that employee's pay or benefits.

Authorizes the use of grant funds for: (1) pay or benefits for an individual hired to replace such an employee; (2) overtime expenses for an individual who performs tasks that would have been performed by such an employee; and (3) the cost of equipment, maintenance, or other activities the agency was unable to acquire or perform because of the cost of replacing such an employee or the need for which was caused by an employee being placed on active duty.

Limits the grant period to six months.