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SECTION 1. SHORT TITLE.

This Act may be cited as the ''Helping Those Who Serve Act''.

SEC. 2. FINDINGS.

Congress finds the following:
(1) Increasing numbers of members of the Armed Forces
serving in Afghanistan and Iraq are suffering from the
significant injuries of the current conflict: post traumatic
stress disorder and traumatic brain injury (hereafter in this
Act referred to as ''PTSD'' and ''TBI'', respectively) .
(2) A recent report by the RAND Corporation estimated that
of the 1.64 million individuals who have been deployed to
Afghanistan and Iraq, approximately 300,000 individuals
currently suffer from PTSD or major depression and that 320,000
report having a probable TBI during deployment.
(3) The need for mental health services is likely to
increase because deployment lengths have increased in the last
year, the number of troops who have served in multiple
deployments is increasing, and the breaks between deployments
have been infrequent.
(4) Several experts have noted the difficulties faced by
members of the Armed Forces in getting screened, diagnosed, and
treated for PTSD and TBI. The RAND report found that, of those
who met diagnostic criteria for PTSD or major depression, only
53 percent had seen a physician or mental health provider to
seek help for a mental health problem in the past 12 months.
(5) Stigma remains a critical barrier to members of the
Armed Forces who may be in need of psychological care,
especially fears that seeking mental health care will lower the
confidence of others in their abilities, threaten career
advancement and security clearances, and possibly cause removal
from their unit.
(6) Stigma may be greatest among those individuals with the
greatest need for mental health services.
(7) To combat stigma, the Mental Health Task Force of the
Department of Defense and others have noted the need for the
Department to reexamine its policies, including those policies
related to command notification or self-disclosure of
psychological health issues that contribute to fears that
seeking mental health care will negatively affect career
opportunities or advancement.
(8) The Mental Health Task Force stated that this
''widespread perception that seeking psychological health
services is costly to an individual's career . . . must be
challenged through thoughtful refinements in command
notification policies, including redefining the balance between
the need to encourage those in need to seek help and the need
for commanders to know in order to maintain force readiness''.
(9) Congress recognizes that much change is under way to
implement numerous recommendations to address concerns that
soldiers in need of mental health services for PTSD and other
conditions are not receiving, including efforts led by the
Department of Defense and the Department of Veterans Affairs.
(10) However, without addressing stigma at all levels,
including structurally, these laudable efforts may not
accomplish their goals.
(11) In its July 2007 report, the Mental Health Task Force
called for ending overly conservative policies that have the
unintentional consequence of fueling erroneous beliefs that
seeking psychological health care invariably results in
permanent damage to one's military career. For example, the
Task Force called for allowing, in the case of alcohol use by a
member of the Armed Forces, for the member to receive
appropriate and non-prejudicial education and preventive
services, without a requirement for command notification, when,
in a clinician's judgment, the alcohol use does not warrant a
diagnosis of substance abuse or dependency or does not require
entry into a formal treatment program.
(12) In May, responding to some of these concerns,
Secretary of Defense Robert Gates reportedly approved a change
in the Department's security clearance process to help remove
the stigma associated with seeking mental health care. Under
the change, members of the Armed Forces and employees of the
Department of Defense who have received mental health care will
no longer have to acknowledge that when they fill out standard
security clearance forms, unless the treatment was court-
ordered or involved violence.
(13) Congress encourages the Department to explore further
changes to notification and other policies to further reduce
stigma among members of the Armed Forces, especially as it
relates to career opportunities.

SEC. 3. MENTAL HEALTH SERVICES ACCESS DEMONSTRATION PROJECT.

(a) Demonstration Project Required.--The Secretary of Defense shall
conduct a demonstration project designed to develop and test options
for the following:
(1) Increasing access of members of the Armed Forces
returning from deployment abroad, and family members of such
members, to accessible, safe, and confidential mental health
counseling.
(2) Reducing stigma and perceived career repercussions
associated with such members seeking such services.
(3) Making high quality mental health services more user
friendly and accessible for members of the Armed Forces and
their family members, including making services available
outside standard working hours.
(b) Purpose.--The purpose of the demonstration project is to
provide high-quality treatment, using (to the extent practicable)
evidence-based treatment, for a broad range of mental health
conditions, including post-traumatic stress disorder and depression,
with the goal of early intervention to promote effective coping and
resilience.
(c) Duration of Project.--The demonstration project authorized by
this section shall be implemented for a period of three years beginning
not later than one year after the date of the enactment of this Act.

SEC. 4. SPECIAL WORKING GROUP ON CONFIDENTIALITY.

(a) Establishment.--The Secretary of Defense, acting through the
Assistant Secretary of Defense for Health Affairs, shall establish a
Special Working Group, which shall be composed of mental health
professionals from each of the Armed Forces, officials from the Surgeon
General Offices at each Armed Force, members of the Armed Forces who
have been deployed in support of Operation Enduring Freedom or
Operation Iraqi Freedom, and other members as determined appropriated
by the Assistant Secretary.
(b) Appointment.--The Secretary shall make every effort to appoint
members of the working group not later than 60 days after the date of
the enactment of this Act.
(c) Purpose.--The Special Working Group shall develop guidelines
and make recommendations about regulations to ensure that
confidentiality is protected to the maximum extent possible for members
of the Armed Forces participating in the demonstration project.
(d) Specific Duties.--In addition to such other duties as the
Secretary may assign to the Working Group, the duties of the Working
Group shall include the following:
(1) Review of requirements for documentation of health care
visits.--The review of current policies, questionnaires, and
other relevant documents that require official documentation of
health care visits by a member of the Armed Forces seeking
mental health services, including when access to such services
must be documented in the personnel record of a member.
(2) Criteria for changes to command notification.--The
development of guidelines and criteria for the demonstration
project to address any needed changes to military command
notification requirements to ensure that a visit to an off-base
treatment site by a member of the Armed Forces for mental
health services is not recorded on any military medical or
other record of the member, except in accordance with
guidelines developed under paragraph (3).
(3) Guidelines for breach of confidentiality.--The
development of guidelines for the demonstration project to
address the circumstances under which the confidentiality
protections afforded to a member of the Armed Forces
participating in the demonstration project may be breached and
notification to military commanders and documentation in
personnel records may be made. Such guidelines shall provide,
in general, that confidentiality may be broken only if a mental
health professional determines that the member is a threat to
the member or to another person.
(4) Criteria to limit access to treatment records.--The
development of criteria for the demonstration project for
limiting access to the treatment records of members of the
Armed Forces treated at the demonstration locations, including
when to allow, if appropriate, appropriate access and
notification to military commanders consistent with guidelines
developed under paragraph (3).
(5) Criteria for fitness for duty.--The development of
criteria for determining fitness for duty and deployment for a
member of the Armed Forces that does not depend solely on the
number of visits to mental health providers by the member.
(6) Guidelines for payment.--The development of guidelines
for ensuring that demonstration sites under the demonstration
project receive payment from the Department of Defense for
treating members of the Armed Forces notwithstanding any
requirements of the Department that prohibit such payments
without certain commander notification or personnel
documentation requirements.
(7) Changes related to disclosure of services received
under project.--The provision of changes as necessary to ensure
that those receiving care at demonstration locations are not
required to reveal any services they receive at these locations
on any military form or questionnaire, except to comply with
any guidelines developed under paragraph (3).
(8) Standards to assess effectiveness of project.--The
development of evaluation standards and criteria to use to
assess the effectiveness of the demonstration project in
increasing access to care, decreasing stigma, and improving
high quality mental health care provided to members of the
Armed Forces. As appropriate, the evaluation should be
structured to include both pre- and post-demonstration
assessments of changes in--
(A) access and utilization of care;
(B) costs of care;
(C) outcomes of care;
(D) member satisfaction with access to and quality
of care; and
(E) impact on the ability of military commanders to
determine member fitness for duty and deployability.
(e) Submission of Plan and Deadline.--
(1) Plan.--The Special Working Group shall submit to the
Secretary of Defense a plan with details on the implementation
and evaluation of the demonstration project. After approval of
the plan by the Secretary, the Special Working Group shall
submit to Congress the plan.
(2) Deadline.--All duties of the Special Working group,
including submission of the plan under paragraph (1), shall be
completed before selection of any site of the demonstration
project under section 3 but in no case shall the date of
completion of such duties be later than one year after the date
of the enactment of this Act.
(f) Application of Guidelines and Recommendations.--The guidelines
and other recommendations, including changes and standards, developed
by the Special Working Group under this section shall be applicable
only to the demonstration project unless the Secretary of Defense
determines otherwise.

SEC. 5. ADVISORY GROUP FOR OVERSIGHT OF DEMONSTRATION PROGRAM.

(a) Establishment.--The Secretary of Defense shall establish an
advisory group of qualified individuals to oversee implementation of
the demonstration project.
(b) Duties.--The advisory group shall--
(1) ensure that the demonstration project adheres to the
guidelines developed by the Special Working Group under section
4;
(2) ensure that plans for implementing the demonstration at
selected sites are developed and include--
(A) outreach strategies to ensure that participants
in the project are informed about the availability of
the programs being provided under the project; and
(B) a plan for training and certifying mental
health providers as well as the development of
strategies and settings, including settings that are
not located at military treatment facilities, where
care can be offered;
(3) ensure that the demonstration project has detailed
evaluation plans, using the criteria and standards developed by
the Special Working Group; and
(4) ensure that independent evaluations of the
demonstration project are conducted in accordance with the
guidelines developed by the Special Working Group, and that the
results of those evaluations are provided to the Secretary of
Defense.

SEC. 6. REPORTS ON DEMONSTRATION PROJECT.

(a) Reports Required.--
(1) In general.--The Secretary of Defense shall submit to
the Committees on Armed Services of the Senate and the House of
Representatives two reports on the demonstration project.
(2) First report.--The first report shall examine and
assess the plan developed by the Special Working Group under
section 4(e)(1) for implementation and evaluation of the
demonstration project.
(3) Second report.--The second report shall include the
following:
(A) The results of the demonstration project,
evaluated in accordance with the guidelines and other
criteria, changes, and standards developed by the
Special Working Group.
(B) Recommendations on whether any of the policy
changes tested in the demonstration project should be
adopted throughout the Department of Defense.
(C) A plan to ensure that each member of the Armed
Forces participating in the demonstration project
continues to have access to mental health services and
providers after the conclusion of the demonstration
project.
(b) Deadlines.--The first report under this section shall be
submitted not later than one year after the date the demonstration
project begins to be implemented. The second report shall be submitted
at the completion of the demonstration project.

SEC. 7. STUDY AND REPORT ON RETENTION OF MILITARY MENTAL HEALTH
PROFESSIONALS.

(a) Study.--The Secretary of Defense, in consultation with the
Surgeon General of each branch of the Armed Forces, shall conduct a
study to determine the reasons for attrition among military mental
health professionals and to make recommendations to increase
recruitment and retention of military mental health professionals, such
as through scholarships, loan forgiveness, or updates in current
recruiting bonuses.
(b) Report.--Not later than six months after the date of the
enactment of this Act, the Secretary of Defense shall submit to
Congress a report on the study conducted and recommendations made under
subsection (a), including--
(1) the estimated cost of implementing each such
recommendation;
(2) with respect to each branch of the Armed Forces, an
estimate of the existing number of military mental health
professionals and the estimated number of such professionals
required to meet demand, including for future years, for mental
health services; and
(3) any recommendations for legislative changes necessary
to implement the recommendations made under such study.
(c) Military Mental Health Professional Defined.--For purposes of
this section, the term ''military mental health professional'' means a
mental health professional who provides mental health services to
members of the Armed Forces, whether such professional is a member of
the Armed Forces, an employee of the Department of Defense, or a
contractor of the Department of Defense.
Helping Those Who Serve Act - Directs the Secretary of Defense to conduct a demonstration project (project) designed to: (1) increase access of members of the Armed Forces (members) returning from deployment abroad, and their families, to accessible, safe, and confidential mental health counseling; (2) reduce the stigma and career repercussions associated with seeking such services; and (3) make high-quality mental health services more user-friendly to such members and their families.

Requires the Secretary to: (1) establish a Special Working Group to develop guidelines and recommendations to ensure the protection of confidentiality for members participating in the project; (2) establish an advisory group to oversee project implementation; (3) submit project reports to the congressional defense committees; and (4) conduct a study of reasons for attrition among military mental health professionals, and make recommendations to increase the recruitment and retention of such individuals.

SECTION 1. SHORT TITLE.

This Act may be cited as the ''Paycheck Fairness Act''.

SEC. 2. FINDINGS.

Congress makes the following findings:
(1) Women have entered the workforce in record numbers.
(2) Even in the 1990's, women earn significantly lower pay
than men for work on jobs that require equal skill, effort, and
responsibility and that are performed under similar working
conditions. These pay disparities exist in both the private and
governmental sectors. In many instances, the pay disparities
can only be due to continued intentional discrimination or the
lingering effects of past discrimination.
(3) The existence of such pay disparities--
(A) depresses the wages of working families who
rely on the wages of all members of the family to make
ends meet;
(B) prevents the optimum utilization of available
labor resources;
(C) has been spread and perpetuated, through
commerce and the channels and instrumentalities of
commerce, among the workers of the several States;
(D) burdens commerce and the free flow of goods in
commerce;
(E) constitutes an unfair method of competition in
commerce;
(F) leads to labor disputes burdening and
obstructing commerce and the free flow of goods in
commerce;
(G) interferes with the orderly and fair marketing
of goods in commerce; and
(H) in many instances, may deprive workers of equal
protection on the basis of sex in violation of the 5th
and 14th amendments.
(4)(A) Artificial barriers to the elimination of
discrimination in the payment of wages on the basis of sex
continue to exist more than 3 decades after the enactment of
the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.)
and the Civil Rights Act of 1964 (42 U.S.C. 2000a et seq.).
(B) Elimination of such barriers would have positive
effects, including--
(i) providing a solution to problems in the economy
created by unfair pay disparities;
(ii) substantially reducing the number of working
women earning unfairly low wages, thereby reducing the
dependence on public assistance; and
(iii) promoting stable families by enabling all
family members to earn a fair rate of pay;
(iv) remedying the effects of past discrimination
on the basis of sex and ensuring that in the future
workers are afforded equal protection on the basis of
sex; and
(v) ensuring equal protection pursuant to Congress'
power to enforce the 5th and 14th amendments.
(5) With increased information about the provisions added
by the Equal Pay Act of 1963 and wage data, along with more
effective remedies, women will be better able to recognize and
enforce their rights to equal pay for work on jobs that require
equal skill, effort, and responsibility and that are performed
under similar working conditions.
(6) Certain employers have already made great strides in
eradicating unfair pay disparities in the workplace and their
achievements should be recognized.

SEC. 3. ENHANCED ENFORCEMENT OF EQUAL PAY REQUIREMENTS.

(a) Required Demonstration for Affirmative Defense.--Section
6(d)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(d)(1))
is amended by striking ''(iv) a differential'' and all that follows
through the period and inserting the following: ''(iv) a differential
based on a bona fide factor other than sex, such as education, training
or experience, except that this clause shall apply only if--
''(I) the employer demonstrates that--
''(aa) such factor--
''(AA) is job-related with
respect to the position in
question; or
''(BB) furthers a
legitimate business purpose,
except that this item shall not
apply where the employee
demonstrates that an
alternative employment practice
exists that would serve the
same business purpose without
producing such differential and
that the employer has refused
to adopt such alternative
practice; and
''(bb) such factor was actually
applied and used reasonably in light of
the asserted justification; and
''(II) upon the employer succeeding under
subclause I, the employee fails to demonstrate
that the differential produced by the reliance
of the employer on such factor is itself the
result of discrimination on the basis of sex by
the employer.
''An employer that is not otherwise in compliance with this
paragraph may not reduce the wages of any employee in order to
achieve such compliance.''.
(b) Application of Provisions.--Section 6(d)(1) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 206(d)(1)) is amended by adding at the
end the following: ''The provisions of this subsection shall apply to
applicants for employment if such applicants, upon employment by the
employer, would be subject to any provisions of this section.''.
(c) Elimination of Establishment Requirement.--Section 6(d) of the
Fair Labor Standards Act of 1938 (29 U.S.C. 206(d)) is amended--
(1) by striking '', within any establishment in which such
employees are employed,''; and
(2) by striking ''in such establishment'' each place it
appears.
(d) Nonretaliation Provision.--Section 15(a)(3) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 215(a)(3)) is amended--
(1) by striking ''or has'' each place it appears and
inserting ''has''; and
(2) by inserting before the semicolon the following: '', or
has inquired about, discussed, or otherwise disclosed the wages
of the employee or another employee, or because the employee
(or applicant) has made a charge, testified, assisted, or
participated in any manner in an investigation, proceeding,
hearing, or action under section 6(d)''.
(e) Enhanced Penalties.--Section 16(b) of the Fair Labor Standards
Act of 1938 (29 U.S.C. 216(b)) is amended--
(1) by inserting after the first sentence the following:
''Any employer who violates section 6(d) shall additionally be
liable for such compensatory or punitive damages as may be
appropriate, except that the United States shall not be liable
for punitive damages.'';
(2) in the sentence beginning ''An action to'', by striking
''either of the preceding sentences'' and inserting ''any of
the preceding sentences of this subsection'';
(3) in the sentence beginning ''No employees shall'', by
striking ''No employees'' and inserting ''Except with respect
to class actions brought to enforce section 6(d), no
employee'';
(4) by inserting after the sentence referred to in
paragraph (3), the following: ''Notwithstanding any other
provision of Federal law, any action brought to enforce section
6(d) may be maintained as a class action as provided by the
Federal Rules of Civil Procedure.''; and
(5) in the sentence beginning ''The court in''--
(A) by striking ''in such action'' and inserting
''in any action brought to recover the liability
prescribed in any of the preceding sentences of this
subsection''; and
(B) by inserting before the period the following:
'', including expert fees''.
(f) Action by Secretary.--Section 16(c) of the Fair Labor Standards
Act of 1938 (29 U.S.C. 216(c)) is amended--
(1) in the first sentence--
(A) by inserting ''or, in the case of a violation
of section 6(d), additional compensatory or punitive
damages,'' before ''and the agreement''; and
(B) by inserting before the period the following:
'', or such compensatory or punitive damages, as
appropriate'';
(2) in the second sentence, by inserting before the period
the following: ''and, in the case of a violation of section
6(d), additional compensatory or punitive damages'';
(3) in the third sentence, by striking ''the first
sentence'' and inserting ''the first or second sentence''; and
(4) in the last sentence--
(A) by striking ''commenced in the case'' and
inserting ''commenced--
''(1) in the case'';
(B) by striking the period and inserting
''; or''; and
(C) by adding at the end the following:
''(2) in the case of a class action brought to enforce
section 6(d), on the date on which the individual becomes a
party plaintiff to the class action''.

SEC. 4. TRAINING.

The Equal Employment Opportunity Commission and the Office of
Federal Contract Compliance Programs, subject to the availability of
funds appropriated under section 9(b), shall provide training to
Commission employees and affected individuals and entities on matters
involving discrimination in the payment of wages.

SEC. 5. RESEARCH, EDUCATION, AND OUTREACH.

The Secretary of Labor shall conduct studies and provide
information to employers, labor organizations, and the general public
concerning the means available to eliminate pay disparities between men
and women, including--
(1) conducting and promoting research to develop the means
to correct expeditiously the conditions leading to the pay
disparities;
(2) publishing and otherwise making available to employers,
labor organizations, professional associations, educational
institutions, the media, and the general public the findings
resulting from studies and other materials, relating to eliminating the
pay disparities;
(3) sponsoring and assisting State and community
informational and educational programs;
(4) providing information to employers, labor
organizations, professional associations, and other interested
persons on the means of eliminating the pay disparities;
(5) recognizing and promoting the achievements of
employers, labor organizations, and professional associations
that have worked to eliminate the pay disparities; and
(6) convening a national summit to discuss, and consider
approaches for rectifying, the pay disparities.

SEC. 6. TECHNICAL ASSISTANCE AND EMPLOYER RECOGNITION PROGRAM.

(a) Guidelines.--
(1) In general.--The Secretary of Labor shall develop
guidelines to enable employers to evaluate job categories based
on objective criteria such as educational requirements, skill
requirements, independence, working conditions, and responsibility,
including decisionmaking responsibility and de facto supervisory
responsibility.
(2) Use.--The guidelines developed under paragraph (1)
shall be designed to enable employers voluntarily to compare
wages paid for different jobs to determine if the pay scales
involved adequately and fairly reflect the educational
requirements, skill requirements, independence, working
conditions, and responsibility for each such job with the goal
of eliminating unfair pay disparities between occupations
traditionally dominated by men or women.
(3) Publication.--The guidelines shall be developed under
paragraph (1) and published in the Federal Register not later
than 180 days after the date of enactment of this Act.
(b) Employer Recognition.--
(1) Purpose.--It is the purpose of this subsection to
emphasize the importance of, encourage the improvement of, and
recognize the excellence of employer efforts to pay wages to
women that reflect the real value of the contributions of such
women to the workplace.
(2) In general.--To carry out the purpose of this
subsection, the Secretary of Labor shall establish a program
under which the Secretary shall provide for the recognition of
employers who, pursuant to a voluntary job evaluation conducted
by the employer, adjust their wage scales (such adjustments
shall not include the lowering of wages paid to men) using the
guidelines developed under subsection (a) to ensure that women
are paid fairly in comparison to men.
(3) Technical assistance.--The Secretary of Labor may
provide technical assistance to assist an employer in carrying
out an evaluation under paragraph (2).
(c) Regulations.--The Secretary of Labor shall promulgate such
rules and regulations as may be necessary to carry out this section.

SEC. 7. ESTABLISHMENT OF THE NATIONAL AWARD FOR PAY EQUITY IN THE
WORKPLACE.

(a) In General.--There is established the Robert Reich National
Award for Pay Equity in the Workplace, which shall be evidenced by a
medal bearing the inscription ''Robert Reich National Award for Pay
Equity in the Workplace''. The medal shall be of such design and
materials, and bear such additional inscriptions, as the Secretary of
Labor may prescribe.
(b) Criteria for Qualification.--To qualify to receive an award
under this section a business shall--
(1) submit a written application to the Secretary of Labor,
at such time, in such manner, and containing such information
as the Secretary may require, including at a minimum
information that demonstrates that the business has made
substantial effort to eliminate pay disparities between men and
women, and deserves special recognition as a consequence; and
(2) meet such additional requirements and specifications as
the Secretary of Labor determines to be appropriate.
(c) Making and Presentation of Award.--
(1) Award.--After receiving recommendations from the
Secretary of Labor, the President or the designated
representative of the President shall annually present the
award described in subsection (a) to businesses that meet the
qualifications described in subsection (b).
(2) Presentation.--The President or the designated
representative of the President shall present the award under
this section with such ceremonies as the President or the
designated representative of the President may determine to be
appropriate.
(d) Business.--In this section, the term ''business'' includes--
(1)(A) a corporation, including a nonprofit corporation;
(B) a partnership;
(C) a professional association;
(D) a labor organization; and
(E) a business entity similar to an entity described in any
of subparagraphs (A) through (D);
(2) an entity carrying out an education referral program, a
training program, such as an apprenticeship or management
training program, or a similar program; and
(3) an entity carrying out a joint program, formed by a
combination of any entities described in paragraph (1) or (2).

SEC. 8. COLLECTION OF PAY INFORMATION BY THE EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION.

Section 709 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-8) is
amended by adding at the end the following:
''(f)(1) Not later than 18 months after the date of enactment of
this subsection, the Commission shall--
''(A) complete a survey of the data that is currently
available to the Federal Government relating to employee pay
information for use in the enforcement of Federal laws
prohibiting pay discrimination and, in consultation with other
relevant Federal agencies, identify additional data collections
that will enhance the enforcement of such laws; and
''(B) based on the results of the survey and consultations
under subparagraph (A), issue regulations to provide for the
collection of pay information data from employers as described
by the sex, race, and national origin of employees.
''(2) In implementing paragraph (1), the Commission shall have as
its primary consideration the most effective and efficient means for
enhancing the enforcement of Federal laws prohibiting pay
discrimination. For this purpose, the Commission shall consider factors
including the imposition of burdens on employers, the frequency of
required reports (including which employers should be required to
prepare reports), appropriate protections for maintaining data
confidentiality, and the most effective format for the data collection
reports.''.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated such sums as may be
necessary to carry out this Act.
Paycheck Fairness Act - Amends the Fair Labor Standards Act of 1938 (FLSA) to revise remedies for and enforcement of prohibitions against sex discrimination in the payment of wages (such FLSA prohibitions are also known as the Equal Pay Act).
(Sec. 3) Amends FLSA to provide for enhanced enforcement of equal pay requirements, adding a nonretaliation requirement. Increases penalties for such violations. Provides for the Secretary of Labor to seek additional compensatory or punitive damages in such cases.
(Sec. 4) Requires the Equal Employment Opportunity Commission (EEOC) and the Office of Federal Contract Compliance Programs to train EEOC employees and affected individuals and entities on matters involving wage discrimination.
(Sec. 5) Directs the Secretary to conduct studies and provide information to employers, labor organizations, and the general public concerning the means available to eliminate pay disparities between men and women, including convening a national summit and carrying out other specified activities.
(Sec. 6) Directs the Secretary to: (1) develop guidelines for employer evaluations of job categories based on objective criteria, to be used voluntarily by employers to compare wages for different jobs to determine if pay scales adequately and fairly reflect each job's educational and skill requirements, independence, working conditions, and responsibility, in order to eliminate unfair pay disparities between occupations traditionally dominated by men or women; and (2) establish a program to recognize employers who use such guidelines to ensure that women are paid fairly in comparison to men without lowering men's wages. Authorizes the Secretary to provide technical assistance for employers to carry out such evaluations.
(Sec. 7) Establishes the Robert Reich National Award for Pay Equity in the Workplace, which shall be evidenced by a medal. Sets forth criteria for specified types of entities to receive such an award.
(Sec. 8) Expresses the sense of the Senate that the President should: (1) take appropriate steps to increase the amount of information available with respect to wage disparities; and (2) consider ways to collect such information that maximize its utility, protect individual privacy, and minimize reporting burdens.
(Sec. 9) Authorizes appropriations.

SECTION 1. SHORT TITLE.

This Act may be cited as the ''Grants for Renewable Energy
Education for the Nation Act'' or the ''GREEN Act''.

SEC. 2. FINDINGS.

Congress finds that--
(1) career and technical education provides education
pathways that help students explore interests and careers that
support the United States economy;
(2) the United States needs to develop renewable energy
options that conserve energy and provide energy efficiency and
new and yet unrecognized fields are developing as a result of
the attention and focus on renewable energy, and new workers
will be needed for professions in these fields;
(3) the Conference of Mayors reports that millions of U.S.
workers across a wide range of familiar occupations, States,
and income and skill levels will all benefit from the project
of defeating global warming and transforming the United States
into a green economy;
(4) a report commissioned by the American Solar Energy
Society attributed 8.5 million jobs in 2006 to renewable energy
or energy efficient industries and the Apollo Alliance predicts
that the Nation could generate 3 million to 5 million more
green jobs over the next 10 years;
(5) more than 40 percent of the fastest growing occupations
will require an associate's degree, a postsecondary vocational
certificate, or extensive job training, according to a Bureau
of Labor Statistics Report;
(6) more than 80 percent of respondents in the National
Association of Manufacturers 2005 skills gap report indicated
that they are experiencing a shortage of qualified workers
overall with 13 percent reporting severe shortages and 68
percent indicating moderate shortages;
(7) career and technical education graduates are more
likely to be in the labor force and earn more than graduates
who have a high school degree; and
(8) career and technical education programs need support in
acquiring the latest technology and developing programs that
prepare students for the new and emerging renewable energy
field.

SEC. 3. RENEWABLE ENERGY CURRICULUM DEVELOPMENT GRANTS.

(a) Authorization.--The Secretary of Education is authorized to
award grants, on a competitive basis, to eligible partnerships to
develop programs of study (containing the information described in
section 122(c)(1)(A) of the Carl D. Perkins Career and Technical
Education Act of 2006 (20 U.S.C. 2342)), that are focused on emerging
careers and jobs in the renewable energy sector.
(b) Eligible Partnerships.--For purposes of this section, an
eligible partnership shall include--
(1) at least 1 local education agency eligible for funding
under section 131 of the Carl D. Perkins Career and Technical
Education Act of 2006 (20 U.S.C. 2351) or an area career and
technical education school or education service agency
described in such section;
(2) at least 1 postsecondary institution eligible for
funding under section 132 of such Act (20 U.S.C. 2352); and
(3) representatives of the community including business,
labor organizations, and industry that has experience in the
renewable energy field.
(c) Application.--An eligible partnership seeking a grant under
this section shall submit an application to the Secretary at such time
and in such manner as the Secretary may require. Applications shall
include--
(1) a description of the eligible partners and partnership,
the roles and responsibilities of each partner, and a
demonstration of each partner's capacity to support the
program;
(2) a description of the career area or areas within the
field of renewable energy to be developed, the reason for the
choice, and evidence of the labor market need to prepare
students in that area;
(3) a description of the new or existing program of study
and both secondary and postsecondary components;
(4) a description of the students to be served by the new
program of study;
(5) a description of how the program of study funded by the
grant will be replicable and disseminated to schools outside of
the partnership, including urban and rural areas;
(6) a description of applied learning that will be
incorporated into the program of study and how it will
incorporate or reinforce academic learning;
(7) a description of how the program of study will be
delivered;
(8) a description of how the program will provide
accessibility to students, especially economically
disadvantaged, low performing and urban and rural students; and
(9) a description of how the program will address placement
of students in non-traditional fields as described in section
3(20) of the Carl D. Perkins Career and Technical Education Act
of 2006 (20 U.S.C. 2302(20)).
(d) Priority.--The Secretary shall give priority to applications
that--
(1) use online learning or other innovative means to
deliver the program of study to students, educators, and
instructors outside of the partnership; and
(2) focus on low performing students and special
populations as defined in section 3(29) of the Carl D. Perkins
Career and Technical Education Act of 2006 (20 U.S.C.
2302(29)).
(e) Peer Review.--The Secretary shall convene a peer review process
to review applications for grants under this section and to make
recommendations regarding the selection of grantees. Members of the
peer review committee shall include--
(1) educators who have experience implementing renewable
energy curriculums; and
(2) business and industry experts who work and build in
renewable energy fields.
(f) Uses of Funds.--Grants awarded under this section shall be used
for the development, implementation, and dissemination of programs of
study (as described in section 122(c)(1)(A) of the Carl D. Perkins
Career and Technical Education Act (20 U.S.C. 2342(c)(1)(A))) in career
areas related to energy sustainability.

SEC. 4. RENEWABLE ENERGY FACILITIES GRANTS.

(a) Authorization.--The Secretary of Education is authorized to
award grants, on a competitive basis, to eligible entities to promote
development of career and technical education facilities that are
energy efficient and promote the use of renewable energy practices.
(b) Eligible Entities.--For purposes of this section, eligible
entities include--
(1) a local education agency eligible for funding under
section 131 of the Carl D. Perkins Career and Technical
Education Act of 2006 (20 U.S.C. 2351) or an area career and
technical education school or education service agency
described under that section; or
(2) a postsecondary institution eligible for funding under
section 132 of such Act (20 U.S.C. 2352).
(c) Application.--An eligible entity seeking a grant under this
section shall submit an application to the Secretary at such time, in
such manner, and containing such information as the Secretary may
require.
(d) Peer Review.--The Secretary shall convene a peer review process
to review applications for grants under this section and to make
recommendations regarding the selection of grantees. Members of the
peer review committee shall include--
(1) career and technical education administrators who have
experience with energy-efficient facilities and equipment; and
(2) business and industry experts who build and work in
renewable energy facilities.
(e) Use of Funds.--Grants awarded under this section shall be used
for--
(1) performing an evaluation of the sustainability aspects
of current facilities, unless such an evaluation has been
conducted prior to receiving a grant under this section;
(2) convening stakeholders, including organizations devoted
to the promotion and support of renewable energy activities, to
develop a plan to address needs identified in such an
evaluation, unless such a plan has already been developed prior
to receiving a grant under this section;
(3) initiating activities related to the construction,
operation, and improvement of facilities that promote the use
of renewable energy practices;
(4) purchasing energy-efficient machinery, technology, or
other physical equipment used as an educational tool to deliver
career and technical education courses;
(5) measuring the effectiveness of the new or improved
facilities and infrastructure, such as complying with existing
renewable energy standards; and
(6) communicating the lessons and practices learned from
the building upgrades to other institutions.

SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

There is authorized to be appropriated $100,000,000 to the
Secretary of Education to carry out the grant program established under
this Act.
Grants for Renewable Energy Education for the Nation Act or the GREEN Act - Authorizes the Secretary of Education to award competitive grants to partnerships of local educational agencies (LEAs), postsecondary institutions, and renewable energy industry representatives to develop programs of study focused on emerging careers and jobs in the renewable energy sector.

Requires a priority be given to grant applications that: (1) use online learning or other innovative methods to deliver a program of study to individuals outside the partnership; and (2) focus on low-performing students and special populations.

Authorizes the Secretary to award competitive grants to LEAs and postsecondary institutions to promote development of career and technical educational facilities that are energy efficient and use renewable energy practices.