Summary: H.R.3085 — 101st Congress (1989-1990)All Information (Except Text)

There is one summary for H.R.3085. Bill summaries are authored by CRS.

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Introduced in House (08/02/1989)

Economic Equity Act of 1989 - Title I: Employment - Subtitle A: Pay Equity Technical Assistance to Public and Private Sector - Pay Equity Technical Assistance Act - Directs the Secretary of Labor to develop and implement a continuing program of information dissemination, research, and technical assistance to public and private entities with respect to correction of wage-setting practices, and reduction or elimination of wage disparities, to the extent that they are based on the sex, race, or national origin of the employee, rather than on the work performed and other appropriate factors.

Subtitle B: Legislative Pay Equity Commission and Study - Establishes a Commission on Employment Discrimination in the Legislative Branch. Directs the Commission to: (1) employ a nongovernmental consultant to study the compensation paid to Library of Congress personnel and analyze personnel policies of the Library; (2) evaluate the compensation system of the Library for compliance with title VII of the Civil Rights Act of 1964 and make any recommendations needed to achieve compliance; (3) develop a plan for the application of title VII throughout the legislative branch; and (4) make recommendations to the Congress for improvement of personnel policies and practices in the legislative branch.

Directs the Commission to submit a final report to the Congress 18 months after enactment of this Act. Terminates the Commission 30 days after submission of the final report.

Subtitle C: Extension of Benefits to Part-Time and Temporary Workers - Part-Time and Temporary Workers Protection Act of 1989 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to bring certain part-time employees within the participation, vesting, and accrual rules governing pension plans. Addresses any employee who, within a relevant 12-month period: (1) has customarily completed more than 500 but fewer than 1,000 hours of service; or (2) is employed in a type of position in which employment customarily consists of such a number of hours. Provides that completion of such hours of service will be treated as completion of 1,000 hours of service (thereby bringing the employee within the ERISA benefit framework).

Permits a reduction in the employer-provided premium under a group health plan in the case of a part-time employee only when such employee: (1) has customarily completed fewer than 30 hours of service per week; or (2) is employed in a type of position in which employment customarily consists of such a number of hours. Limits such a premium reduction, when permissible, to not less than a ratable portion of the premium ordinarily provided in the case of an employee who completes 30 hours of service per week.

Revises the ERISA definition of "employee" to include non-employees who, pursuant to a contract or agreement, provide employee-like services to an employer for at least one year at the rate of 500 or more hours per year.

Subtitle D: Federal Council on Women - Federal Council on Women Act - Establishes a Federal Council on Women to: (1) collect and evaluate information with respect to any problems that are particular to women in the United States; (2) review and evaluate Federal policy related to any such problems; (3) coordinate the activities of the Council with similar activities conducted by States, local governments, and concerned organizations; and (4) make recommendations.

Directs the Council to report its findings and recommendations to the Congress.

Authorizes appropriations.

Subtitle E: Maintenance of Sex Equity Set-Asides in Vocational Education Programs - Amends the Carl D. Perkins Vocational Education Act (the Act) to include displaced homemakers in the vocational education program for single parents or homemakers. Makes single pregnant women eligible for such program.

Directs the administrator of such program, and of the sex equity program, to: (1) distribute to community-based organizations the State allotment for such programs on a competitive basis; and (2) develop procedures for appropriate data collection from fund recipients for program evaluation. Requires States to: (1) develop an annual plan for use of funds; (2) manage funds distribution; (3) monitor recipients' use of funds; and (4) evaluate program effectiveness.

Provides for pre-vocational services to single parents, single pregnant women, homemakers, and displaced homemakers. Allows use of funds for dependent care (currently only child care) as part of such services.

Directs the Secretary of Education to conduct biennial oversight visits to the States to determine if funds for programs for single parents, single pregnant women, and for elimination of sex bias and stereotyping in secondary and postsecondary education are being allocated, distributed, and used in accordance with the Act.

Provides that assistance under the Act shall not effect an individual's eligibility for assistance under other Federal programs.

Directs the General Accounting Office, within 18 months, to conduct a study of State compliance with specified assurances required under the Act.

Subtitle F: Women in Business Procurement Assistance - Women's Business Procurement Assistance Act of 1989 - Amends the Small Business Act to add to existing goals for participation of small business concerns in Federal procurement contracts the participation of small business concerns owned and controlled by women. Requires the head of each Federal agency to report to the Small Business Administration (SBA) on the extent that small business concerns owned and controlled by women participate in procurement contracts and subcontracts.

Declares it is the policy of the United States that small business concerns owned and controlled by women shall have the maximum opportunity to participate in the performance of contracts and subcontracts let by any Federal agency. Precludes the award of any contract unless the procurement authority determines that the offeror's plan includes the maximum opportunity for participation of small business concerns owned and controlled by women.

Authorizes any Federal agency, when dealing with negotiated contracts, to provide such incentives as it may deem appropriate in order to encourage subcontracting opportunities for small business concerns owned and controlled by women.

Requires the SBA to report annually to certain congressional committees on subcontracting plans found acceptable by any Federal agency which the SBA determines do not contain maximum opportunities for small business concerns owned and controlled by women.

Requires the Director of Small and Disadvantaged Business Utilization for each Federal agency to designate an employee of that Director's office to be a Women-in-Business Specialist.

Requires each Federal agency having procurement powers to affirmatively solicit offers from small business concerns owned and controlled by women and socially and economically disadvantaged individuals.

Title II: Economic Security - Subtitle A: Earnings Sharing by Married Couples - Social Security Modernization Act - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to provide that the combined earnings of a married couple which are attributable to the period of their marriage shall be shared equally between them for purposes of determining the eligibility for and amount of OASDI benefits to which each spouse is or may become separately entitled.

Credits the survivor of the marriage with 100 percent of the combined total wages for the period of the marriage.

Provides that this subtitle shall not apply in specified cases where it would result in a reduction of OASDI benefits.

Subtitle B: Treatment of Disabled Widows and Widowers - Social Security Disabled Widow's and Widower's Equity Act of 1989 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to repeal the separate definition of disability applicable to widows and widowers. Permits the months of a widow's or widower's entitlement to Supplemental Security Income (SSI) benefits (title XVI of the Social Security Act) on the basis of a disability to be counted towards the 24 months needed to become entitled to hospital insurance benefits under Medicare (title XVIII of the Social Security Act) on that basis.

Provides full widow's or widower's insurance benefits to disabled widows or widowers without regard to age.

Amends the SSI program to preserve the Medicaid (title XIX of the Social Security Act) eligibility of disabled widows or widowers who become ineligible for SSI benefits upon the implementation of this Act's amendments making them eligible for, or increasing their, widow's or widower's insurance benefits.

Amends the OASDI program to extend the time period during which a surviving spouse or a surviving divorced spouse must have initially become disabled in order to qualify for widow's or widower's insurance benefits before reaching age 60 in cases where such surviving spouse or surviving divorced spouse has quarters of coverage based on his or her own work after the death of the insured individual on whose wages such benefits are based.

Subtitle C: Private Pension Reform - Pension Reform Act of 1989 - Amends the Tax Reform Act of 1986 to extend to all accrued benefits existing in plan year 1989 and thereafter the amendments made with regard to the nondiscriminatory coordination of defined contribution plans with Old Age, Survivors and Disability Insurance (OASDI).

Amends the Internal Revenue Code (IRC) to repeal provisions that permit a certain disparity in simplified employee pension plan contributions with respect to nondiscriminatory coordination with OASDI.

Provides for the repeal, effective for plan year 2000 and thereafter, of IRC rules with respect to: (1) the nondiscriminatory coordination of defined contribution plans with OASDI; and (2) pension integration exceptions.

Amends the IRC to establish distinct minimum employee coverage requirements applicable in cases when an employer with respect to a plan is treated as operating a single line of business. Requires such a plan to benefit all the employer's employees.

Limits the exception to minimum coverage requirements available to employers treated as operating separate lines of business for a year.

Amends the IRC and the Employee Retirement Income Security Act of 1974 to eliminate the special vesting requirements governing multiemployer plans.

Directs the Comptroller General of the United States, as soon as possible after this Act's enactment, to undertake thorough studies with respect to: (1) possible methods of requiring employee pension plans to provide cost of living and other adjustments to plan benefits; and (2) potential pension portability mechanisms, including ways to preserve and enhance the real value of deferred vested pension benefits. Lists specific items to be addressed in each study. Requires submission of the studies to specified congressional committees within two years of this Act's enactment.

Subtitle D: Eligibility of Displaced Homemakers for First-Time Homebuyers Assistance - Displaced Homemakers and Single Parents Homeownership Assistance Act - States that displaced homemakers and single parents shall not be deemed ineligible for Federal assistance for first-time homebuyers on the basis of previous home ownership or residence while married or a homemaker.

Subtitle E: Section 8 Housing Assistance for Domestic Violence Victims - Family Housing Options Program Act of 1989 - Amends the United States Housing Act of 1937 to reserve at least five percent of section 8 housing assistance for families affected by domestic violence and for homeless families. Requires administration of such program through the local public housing agencies.

Permits assistance to be used in shared housing arrangements if the family receiving assistance so consents. States that rent contributions made by a family in such an arrangement shall not be considered income to the participating family for purposes of specified housing assistance eligibility.

Includes among State allocation factors the number of transitional and emergency shelters, domestic violence shelters, and the number of families served by such programs.

Requires: (1) each State to make an annual program report to the Secretary of Housing and Urban Development; and (2) the Secretary to include a summary of such reports in the annual section 8 report.

Title III: Dependent Care - Subtitle A: Quality Child Care Demonstration Projects - Authorizes the Secretary of Health and Human Services to make grants to not more than ten eligible public agencies and private entities, in urban and rural areas, to administer child development models to increase the quality and availability of child care services.

Defines "child development model," with respect to child care services, as an entity capable of providing training and on-going assistance to satellites that provide child care services to sick children or exceptional children, and which is either: (1) a child care development center providing services at a single site (or at multiple sites in reasonably close proximity) to infants, toddlers, preschool children, and school-age children; or (2) a high quality child care program capable of recruiting, training, supporting, and monitoring family child care providers.

Directs the Secretary to report by April 1, 1992, to the Congress on such program.

Subtitle B: Dependent Care Tax Credit Expansion - Repeals the Internal Revenue Code's nonrefundable income tax credit for employment-related dependent care expenses, replacing it with a corresponding refundable 50 percent credit, reduced (but not below 20 percent) as the taxpayer's adjusted gross income exceeds $15,000 (adjusted for inflation). Includes within the scope of the new credit up to $1,200 ($2,400 in the case of more than one qualifying individual) of respite care expenses incurred in the care of: (1) a dependent of the taxpayer who is at least 15 years old; or (2) a spouse or other dependent who is physically or mentally incapable of self-care.

Subtitle C: Mortgage Financing for Family Day Care Centers - Small Day Care Center Assistance Act - Amends the Federal National Mortgage Association Charter Act and the Federal Home Loan Mortgage Corporation Act to define the term "mortgage" to include a mortgage secured by a one-to-four family residential property that is occupied as a residence and in which child care service is legally provided.

Subtitle D: Flexible Work Force Tax Credit - Amends the Internal Revenue Code to permit an employer tax credit (to a maximum of two percent of wages) for one-third of the aggregate wages (to a maximum of $6,000) attributable to services performed by a full-time employee of the taxpayer who is permitted to work at home or during nonbusiness hours solely in order to reduce dependent care needs. Requires that there be at least a 20 percent reduction in the time of dependent care provided outside the employee's home. Terminates these provisions, subject to exception, after December 31, 1993.

Subtitle E: Child Care Services in Transitional Housing - Transitional Housing Child Care Services Act - Amends the Stewart B. McKinney Homeless Assistance Act to authorize the Secretary of Housing and Urban Development to provide child care assistance for transitional housing residents.

Subtitle F: Title XX Funding Increase - Amends title XX (Block Grants to States for Social Services) of the Social Security Act to increase the amount authorized for such program in FY 1991 and thereafter.

Subtitle G: School-Based Child Care - State Dependent Care Grants Amendments Act of 1989 - Amends the State Dependent Care Development Grants Act to authorize the use of funds for operation of school-age child care services before and after school. Requires that such amounts be earmarked to enable children whose families lack adequate financial resources to participate in before or after school child care programs.

Requires State Governors to include specified information in their reports on programs assisted under such Act.

Extends until September 30, 1993, the period during which descriptions of intended uses of State allotments must be revised to reflect substantial changes.

Title IV: Health - Subtitle A: Breast Cancer Prevention - Older Women's Breast Cancer Prevention Act of 1989 - Amends part B (Supplementary Medical Insurance) of title XVIII (Medicare) of the Social Security Act to eliminate the cap on coverage of screening mammography.

Subtitle B: Maternal and Child Health Funding Increase - Amends title V (Maternal and Child Health Services) of the Social Security Act to increase authorized appropriations for such program. Requires States, as a condition of receiving additional funds, to conduct a statewide needs assessment of maternity and infant care, including prenatal care and prevention of low birthweight and infant mortality, and to develop a plan to meet those needs. Changes State reporting requirements to monitor plan implementation results.

Subtitle C: Infant Mortality Education and Health Services in Public Housing - Public Housing One-Stop Perinatal Services Act of 1989 - Directs the Secretary of Housing and Urban Development to carry out a program to demonstrate the effectiveness of grants to public housing agencies for providing facilities for one-stop perinatal services programs for pregnant women who reside in public housing.

Sets forth preferences in selecting the agencies to receive grants. Limits the aggregate amount provided under these provisions for any public housing project to a specified sum.

Requires services and facilities provided or assisted with grants under these provisions to comply with all applicable State and local laws, regulations, and ordinances, and all requirements established by the Secretary of Health and Human Services for such services and facilities.

Authorizes appropriations.

Subtitle D: Domestic Violence Judiciary Training Grants - Amends the State Justice Institute Act of 1984 to authorize the use of Institute funds to conduct up to five projects to: (1) investigate and carry out research regarding State judicial decisions relating to child custody litigation involving domestic violence; (2) develop training curricula to assist State courts to develop an understanding of, and appropriate responses to, child custody litigation involving domestic violence; and (3) disseminate the results of such investigation and research and the curricula to State courts.

Authorizes appropriations through FY 1992.

Subtitle E: Sense of Congress on Child Custody - Expresses the sense of the Congress that, for purposes of determining child custody, evidence of spousal abuse should create a statutory presumption that it is detrimental to the child to be placed in the custody of the abusive parent.

Subtitle F: Immigration Reform for Domestic Violence Victims - Amends the Immigration and Nationality Act to permit certain battered alien spouses to apply for permanent residence without filing a joint petition (and interview) with the citizen spouse.

Requires such an alien spouse to demonstrate: (1) that the marriage was entered into with good faith; and (2) evidence of physical abuse or extreme mental cruelty.

Subtitle G: Long-Term Care Workers Demonstration Projects - Amends the Older Americans Act of 1965 to require the Commissioner on Aging to give special consideration to funding demonstration projects providing older individuals with the opportunity to serve as volunteers furnishing long-term care services to nursing home residents.

Subtitle H: Sense of Congress on Caregivers - Declares that it is the sense of the House of Representatives that: (1) recognition and further attention should be given to the professional and personal needs of long-term care aides; (2) expanded access to health and pension benefits should be provided to such aides; (3) long-term care policy makers should recognize that problems of female household heads and minority workers affect most nursing care aides; (4) more data is needed on home health and nursing home aides; (5) expanded recruitment of specified groups should be considered to abate the long-term care aide shortage; and (6) changes should be made in nursing aide positions to ensure integration into management structures and to enhance attraction to careers in long-term care.