Text: H.R.3526 — 102nd Congress (1991-1992)All Information (Except Text)

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HR 3526 IH
102d CONGRESS
1st Session
 H. R. 3526
To ensure economic equity for American women and their families and
to respond to the need to revitalize the American economy by expanding
employment opportunities; improving access to funds for women business owners;
enhancing economic justice for women through pay equity, improved child support
enforcement, and benefits for part-time workers; and providing economic and
retirement security for women as workers and as divorced or surviving spouses.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 8, 1991
Mrs. SCHROEDER (for herself, Ms. SNOWE, Mrs. BOXER, Mrs. COLLINS of Michigan,
Mrs. COLLINS of Illinois, Ms. DELAURO, Ms. HORN, Mrs. JOHNSON of Connecticut,
Ms. KAPTUR, Mrs. KENNELLY, Mrs. LOWEY of New York, Mrs. LLOYD, Mrs. MINK,
Ms. MOLINARI, Mrs. MORELLA, Ms. NORTON, Ms. OAKAR, Ms. PELOSI, Ms. SLAUGHTER
of New York, Mrs. UNSOELD, Ms. WATERS, Mr. ABERCROMBIE, Mr. ACKERMAN,
Mr. ATKINS, Mr. AUCOIN, Mr. BEILENSON, Mr. BERMAN, Mr. BROWN, Mr. CAMPBELL
of Colorado, Mr. CONYERS, Mr. DOOLEY, Mr. DEFAZIO, Mr. DELLUMS, Mr. DWYER of
New Jersey, Mr. EDWARDS of California, Mr. EVANS, Mr. FASCELL, Mr. FAZIO,
Mr. FRANK of Massachusetts, Mr. FROST, Mr. FUSTER, Mr. HAYES of Illinois,
Mr. JONTZ, Mr. LAFALCE, Mr. LEHMAN of Florida, Mr. LEVINE of California,
Mr. MCDERMOTT, Mr. MCHUGH, Mr. MARKEY, Mr. MATSUI, Mr. MINETA, Mr. MRAZEK,
Mr. NOWAK, Mr. OBERSTAR, Mr. OWENS of Utah, Mr. REED, Mr. SABO, Mr. SANDERS,
Mr. SAWYER, Mr. SCHEUER, Mr. SIKORSKI, Mr. SERRANO, Mr. STUDDS, Mr. TOWNS,
Mr. WEISS, Mr. WILLIAMS, Mr. WOLPE, and Mr. WYDEN) introduced the following
bill; which was referred jointly to the Committees on Education and Labor, Ways
and Means, Banking, Finance and Urban Affairs, Small Business, the Judiciary,
House Administration, Post Office and Civil Service, and Armed Services
A BILL
To ensure economic equity for American women and their families and
to respond to the need to revitalize the American economy by expanding
employment opportunities; improving access to funds for women business owners;
enhancing economic justice for women through pay equity, improved child support
enforcement, and benefits for part-time workers; and providing economic and
retirement security for women as workers and as divorced or surviving spouses.
  Be it enacted by the Senate and House of Representatives of the United
  States of America in Congress assembled,
SECTION 1. SHORT TITLE.
  This Act may be cited as the `Economic Equity Act'.
TITLE I--EMPLOYMENT OPPORTUNITIES
Subtitle A--Nontraditional Employment for Women Act
SEC. 101. SHORT TITLE.
  This subtitle may be cited as the `Nontraditional Employment for Women Act'.
SEC. 102. FINDINGS AND PURPOSES.
  (a) FINDINGS- The Congress finds that--
  (1) over 7,000,000 families in the United States live in poverty, and over
  half of those families are single parent households headed by women;
  (2) women stand to improve their economic security and independence
  through the training and other services offered under the Job Training
  Partnership Act;
  (3) women participating under the Job Training Partnership Act tend to be
  enrolled in programs for traditionally female occupations;
  (4) many of the Job Training Partnership Act programs that have low female
  enrollment levels are in fields of work that are nontraditional for women;
  (5) employment in traditionally male occupations leads to higher wages,
  improved job security, and better long-range opportunities than employment
  in traditionally female-dominated fields;
  (6) the long-term economic security of women is served by increasing
  nontraditional employment opportunities for women; and
  (7) older women reentering the work force may have special needs in
  obtaining training and placement in occupations providing economic security.
  (b) STATEMENT OF PURPOSE- The purposes of this Act are--
  (1) to encourage efforts by the Federal, State, and local levels of
  government aimed at providing a wider range of opportunities for women
  under the Job Training Partnership Act;
  (2) to provide incentives to establish programs that will train, place,
  and retain women in nontraditional fields; and
  (3) to facilitate coordination between the Job Training Partnership Act
  and the Carl D. Perkins Vocational and Applied Technology Education Act to
  maximize the effectiveness of resources available for training and placing
  women in nontraditional employment.
SEC. 103. DEFINITION.
  Section 4 of the Job Training Partnership Act (hereinafter referred to as the
  `Act') is amended by adding at the end thereof the following new paragraph:
  `(30) The term `nontraditional employment' as applied to women refers to
  occupations or fields of work where women comprise less than 25 percent
  of the individuals employed in such occupation or field of work.'.
SEC. 104. SERVICE DELIVERY AREA JOB TRAINING PLAN.
  Section 104(b) of the Act is amended--
  (1) by redesignating paragraphs (5), (6), (7), (8), (9), (10), and (11)
  as paragraphs (6), (7), (8), (9), (10), (11), and (12), respectively;
  (2) by inserting after paragraph (4) the following new paragraph:
  `(5) goals for--
  `(A) the training of women in nontraditional employment; and
  `(B) the training-related placement of women in nontraditional employment
  and apprenticeships;
and a description of efforts to be undertaken to accomplish such goals,
including efforts to increase awareness of such training and placement
opportunities;'; and
  (3) in paragraph (12), as redesignated in paragraph (1) above, by--
  (A) striking `and' at the end of subparagraph (B);
  (B) striking the period at the end of subparagraph (C) and inserting in
  lieu thereof a semicolon; and
  (C) adding after subparagraph (C) the following new subparagraphs:
  `(D) the extent to which the service delivery area has met its goals for
  the training and training-related placement of women in nontraditional
  employment and apprenticeships; and
  `(E) a statistical breakdown of women trained and placed in nontraditional
  occupations, including--
  `(i) the type of training received, by occupation;
  `(ii) whether the participant was placed in a job or apprenticeship, and,
  if so, the occupation and the wage at placement;
  `(iii) the participant's age;
  `(iv) the participant's race; and
  `(v) information on retention of the participant in nontraditional
  employment.'.
SEC. 105. GOVERNOR'S COORDINATION AND SPECIAL SERVICES PLAN.
  (a) IN GENERAL- Section 121(b) of the Act is amended by--
  (1) redesignating paragraphs (3), (4), and (5) as paragraphs (4), (5),
  and (6), respectively; and
  (2) by inserting after paragraph (2) the following new paragraph:
  `(3) The plan shall include goals for--
  `(A) the training of women in nontraditional employment through funds
  available under the Job Training Partnership Act, the Carl D. Perkins
  Vocational and Applied Technology Education Act, and other sources of
  Federal and State support;
  `(B) the training-related placement of women in nontraditional employment
  and apprenticeships;
  `(C) a description of efforts to be undertaken to accomplish such goals,
  including efforts to increase awareness of such training and placement
  opportunities; and
  `(D) a description of efforts to coordinate activities provided pursuant
  to the Job Training Partnership Act and the Carl D. Perkins Vocational and
  Applied Technology Education Act to train and place women in nontraditional
  employment.'.
  (b) SPECIAL PROGRAMS- Section 121(c) of the Act is amended by--
  (1) redesignating paragraphs (9) and (10) as paragraphs (10) and (11),
  respectively; and
  (2) inserting after paragraph (8) the following new paragraph:
  `(9) providing programs and related services to encourage the recruitment of
  women for training, placement, and retention in nontraditional employment;'.
SEC. 106. STATE JOB TRAINING COORDINATING COUNCIL.
  Section 122(b) of the Act is amended by--
  (1) redesignating paragraphs (5), (6), (7), and (8) as paragraphs (9),
  (10), (11), and (12), respectively; and
  (2) inserting after paragraph (4) the following new paragraphs:
  `(5) review the reports made pursuant to subparagraphs (D) and (E) of
  section 104(b)(12) and make recommendations for technical assistance and
  corrective action, based on the results of such reports;
  `(6) prepare a summary of the reports made pursuant to subparagraphs
  (D) and (E) of section 104(b)(12) detailing promising service delivery
  approaches developed in each service delivery area for the training and
  placement of women in nontraditional occupations, and disseminate annually
  such summary to service delivery areas, service providers throughout the
  State, and the Secretary;
  `(7) review the activities of the Governor to train, place, and retain
  women in nontraditional employment, including activities under section 123,
  prepare a summary of activities and an analysis of results, and disseminate
  annually such summary to service delivery areas, service providers throughout
  the State, and the Secretary;
  `(8) consult with the sex equity coordinator established under section
  111(b) of the Carl D. Perkins Vocational Education Act, obtain from the
  sex equity coordinator a summary of activities and an analysis of results
  in training women in nontraditional employment under the Carl D. Perkins
  Vocational Education Act, and disseminate annually such summary to service
  delivery areas, service providers throughout the State, and the Secretary;'.
SEC. 107. STATE EDUCATION COORDINATION AND GRANTS.
  (a) STATE EDUCATION COORDINATION AND GRANTS- Section 123(a) of the Act is
  amended by--
  (1) striking `and' at the end of paragraph (2);
  (2) striking the period at the end of paragraph (3) and inserting in lieu
  thereof a semicolon and `and'; and
  (3) inserting the following new paragraph at the end thereof:
  `(4) to provide statewide coordinated approaches, including model programs,
  to train, place, and retain women in nontraditional employment.'.
  (b) USE OF FUNDS- Section 123(c) is amended--
  (1) in paragraph (2)(B) by striking `(1) and (3)' and inserting in lieu
  thereof `(1), (3), and (4)'; and
  (2) in paragraph (3) by striking `(1) and (3)' and inserting in lieu thereof
  `(1), (3), and (4)'.
SEC. 108. USE OF FUNDS.
  Section 204 of the Act is amended by--
  (1) redesignating paragraphs (27) and (28) as paragraphs (28) and (29),
  respectively; and
  (2) inserting after paragraph (26) the following new paragraph:
  `(27) outreach, to develop awareness of, and encourage participation in,
  education, training services, and work experience programs to assist women
  in obtaining nontraditional employment, and to facilitate the retention
  of women in nontraditional employment, including services at the site of
  training or employment,'.
SEC. 109. DEMONSTRATION PROGRAMS.
  Part D of title IV of the Act is amended by adding at the end thereof the
  following new section:
`DEMONSTRATION PROGRAMS
  `SEC. 457. (a)(1) From funds available under this part for each of the
  fiscal years 1992, 1993, 1994, and 1995, the Secretary shall use $1,500,000
  in each such fiscal year to make grants to States to develop demonstration
  and exemplary programs to train and place women in nontraditional employment.
  `(2) The Secretary may award no more than 6 grants in each fiscal year.
  `(b) In awarding grants pursuant to subsection (a), the Secretary shall
  consider--
  `(1) the level of coordination between the Job Training Partnership Act and
  other resources available for training women in nontraditional employment;
  `(2) the extent of private sector involvement in the development and
  implementation of training programs under the Job Training Partnership Act;
  `(3) the extent to which the initiatives proposed by a State supplement
  or build upon existing efforts in a State to train and place women in
  nontraditional employment;
  `(4) whether the proposed grant amount is sufficient to accomplish
  measurable goals;
  `(5) the extent to which a State is prepared to disseminate information
  on its demonstration training programs; and
  `(6) the extent to which a State is prepared to produce materials that
  allow for replication of such State's demonstration training programs.
  `(c)(1) Each State receiving financial assistance pursuant to this section
  may use such funds to--
  `(A) award grants to service providers in the State to train and otherwise
  prepare women for nontraditional employment;
  `(B) award grants to service delivery areas that plan and demonstrate the
  ability to train, place, and retain women in nontraditional employment; and
  `(C) award grants to service delivery areas on the basis of exceptional
  performance in training, placing, and retaining women in nontraditional
  employment.
  `(2) Each State receiving financial assistance pursuant to subsection
  (c)(1)(A) may only award grants to--
  `(A) community based organizations,
  `(B) educational institutions, or
  `(C) other service providers,
that have demonstrated success in occupational skills training.
  `(3) Each State receiving financial assistance under this section shall
  ensure, to the extent possible, that grants are awarded for training,
  placing, and retaining women in growth occupations with increased wage
  potential.
  `(4) Each State receiving financial assistance pursuant to subsection
  (c)(1)(B) or (c)(1)(C) may only award grants to service delivery areas that
  have demonstrated ability or exceptional performance in training, placing,
  and retaining women in nontraditional employment that is not attributable
  or related to the activities of any service provider awarded funds under
  subsection (c)(1)(A).
  `(d) In any fiscal year in which a State receives a grant pursuant to this
  section such State may retain an amount not to exceed 10 percent of such
  grant to--
  `(1) pay administrative costs,
  `(2) facilitate the coordination of statewide approaches to training and
  placing women in nontraditional employment, or
  `(3) provide technical assistance to service providers.
  `(e) The Secretary shall provide for evaluation of the demonstration
  programs carried out pursuant to this section, including evaluation of
  the demonstration programs' effectiveness in--
  `(1) preparing women for nontraditional employment, and
  `(2) developing and replicating approaches to train and place women in
  nontraditional employment.'.
SEC. 110. REPORT AND RECOMMENDATIONS.
  (a) REPORT- The Secretary of Labor shall report to the Congress within 5
  years of the date of enactment of this Act on--
  (1) the extent to which States and service delivery areas have succeeded
  in training, placing, and retaining women in nontraditional employment,
  together with a description of the efforts made and the results of such
  efforts; and
  (2) the effectiveness of the demonstration programs established by section
  457 of the Job Training Partnership Act in developing and replicating
  approaches to train and place women in nontraditional employment, including
  a summary of activities performed by grant recipients under the demonstration
  programs authorized by section 457 of the Job Training Partnership Act.
  (b) RECOMMENDATIONS- The report described in subsection (a) shall include
  recommendations on the need to continue, expand, or modify the demonstration
  programs established by section 457 of the Job Training Partnership Act,
  as well as recommendations for legislative and administrative changes
  necessary to increase nontraditional employment opportunities for women
  under the Job Training Partnership Act.
SEC. 111. DISCRIMINATION.
  (a) For purposes of this legislation, nothing in this Act shall be construed
  to mean that Congress is taking a position on the issue of comparable worth.
  (b) Nothing in this Act shall be construed to require, sanction or authorize
  discrimination in violation of title VII of the Civil Rights Act of 1964
  or any other Federal law prohibiting discrimination on the basis of race,
  color, religion, sex, national origin, handicap, or age. No individual
  shall be excluded from participation in, denied the benefits of, subjected
  to discrimination under, or denied employment in any program under this
  Act because of race, color, religion, sex, national origin, age, handicap,
  political affiliation or belief. Failure to meet the goals in the Act shall
  not itself constitute a violation of title VII of the Civil Rights Act of
  1964 or any other Federal law prohibiting discrimination on the basis of
  race, color, religion, sex, national origin, handicap, or age.
SEC. 112. EFFECTIVE DATE.
  This subtitle and the amendments made by this subtitle shall take effect upon
  the date of enactment of this Act, except that the requirements imposed by
  sections 104, 105, and 106 of this subtitle shall apply to the plan or report
  filed or reviewed for program years beginning on or after July 1, 1992.
Subtitle B--Worker Retraining Act of 1991
SEC. 121. SHORT TITLE.
  This subtitle may be cited as the `Worker Retraining Act of 1991'.
SEC. 122. FINDINGS AND PURPOSE.
  (a) FINDINGS- The Congress finds that--
  (1) by the year 2000--
  (A) only 4 percent of new jobs in the United States will be available for
  individuals with low skill levels;
  (B) 41 percent of such new jobs will require individuals with high skill
  levels;
  (C) almost 86 percent of all jobs in the United States will require
  individuals who have at least a high school education; and
  (D) the majority of all jobs in the United States will require individuals
  who have completed at least 2 years of post-secondary education;
  (2) almost 70 percent of all businesses in the United States spend less than
  $2,000 annually on training for individuals hired at entry level positions
  and only 8 percent of such businesses undertake basic work skills training
  for such individuals; and
  (3) more than 50 percent of the employees of such businesses are women
  and minorities, 2 groups which have traditionally received insufficient
  education and job training.
  (b) PURPOSE- The purpose of this subtitle is to provide grants to establish
  pilot programs to retrain individuals in low paying and low skill jobs in
  order to reduce unemployment and increase the pool of skilled workers in
  the United States.
SEC. 123. ESTABLISHMENT OF GRANT PROGRAM.
  (a) IN GENERAL- The Secretary shall, for each fiscal year for which amounts
  are appropriated under section 124, provide grants to not more than 10
  selected States for the purpose of assisting such States in planning,
  establishing, and operating worker retraining initiatives to allow employed
  low-income individuals to advance from low skill to higher skill positions
  in the industry in which the individual is employed.
  (b) SELECTION REQUIREMENTS- In selecting States to receive grants under
  subsection (a), the Secretary shall--
  (1) select those States which the Secretary believes will administer the
  most appropriate worker retraining initiatives; and
  (2) to the extent practicable, ensure that such States receiving grants are
  equitably distributed among the regions of the United States, as determined
  by the Secretary under subsection (c).
  (c) REGIONAL DETERMINATION- In determining the regions of the United States,
  the Secretary shall consider the 10 regions of the United States used by
  the Bureau of Labor Statistics for purposes of establishing regional offices.
  (d) APPLICATION REQUIREMENTS- The Secretary shall provide a grant to a
  State under subsection (a) only if such State administers a State worker
  retraining program in operation on the date of the enactment of this Act,
  as determined by the Secretary, and the State submits to the Secretary an
  application which contains--
  (1) a description of the activities of such State's proposed worker
  retraining initiative, including assurances that such initiative will--
  (A) train only low-income individuals for the purpose of improving the
  essential work skills needed by such individuals to advance from low skill
  to higher skill positions in the industry in which such individuals are
  employed; and
  (B) be administered under such State's worker retraining program;
  (2) assurances satisfactory to the Secretary that such State--
  (A) will provide funds from non-Federal sources for such initiative in an
  amount equal to not less than $1 for each $2 of Federal funds provided in
  such grant; and
  (B) will not reduce the funding of existing State worker retraining
  programs; and
  (3) such other information that the Secretary determines to be appropriate.
  (e) STATE REPORT-
  (1) IN GENERAL- Each State shall submit a report to the Secretary for each
  grant it receives under subsection (a) containing such information as the
  Secretary determines to be appropriate, including--
  (A) statistics relating to the sex, race, and age of the low-income
  individuals participating in such State's worker retraining initiative
  funded by such grant;
  (B) an analysis of the different industries in which such individuals work
  and the positions held by such individuals; and
  (C) a description of the extent to which the State believes the initiative
  to have been successful.
  (2) TIME LIMIT- The report required by paragraph (1) shall be submitted
  not later than 13 months after the date on which grant (to which the report
  relates) is received.
  (f) REPORT TO CONGRESS- The Secretary shall submit a report to the Congress
  not later than January 1, 1996, containing--
  (1) a compilation of the information contained in the annual State reports
  received by the Secretary in accordance with subsection (e); and
  (2) an evaluation of each State's worker retraining initiative.
SEC. 124. AUTHORIZATION OF APPROPRIATIONS.
  (a) IN GENERAL- There is authorized to be appropriated $10,000,000 for
  each of the fiscal years 1993, 1994, and 1995.
  (b) LIMITATION- Amounts are available under this subtitle only to the
  extent made available in advance in appropriations Acts.
SEC. 125. DEFINITIONS.
  As used in this subtitle:
  (1) The term `low-income individual' means, with respect to the industry in
  which the individual is employed, any individual (including an individual
  employed part time) whose income attributable to performing services in
  such industry does not exceed 80 percent of the median income of all
  individuals performing services in such industry in the region of the
  United States (as determined by the State agency administering a worker
  retraining initiative) in which the individual in employed.
  (2) The term `Secretary' means the Secretary of Labor.
Subtitle C--Women in Apprenticeship Occupations and Nontraditional Occupations
Act
SEC. 131. SHORT TITLE.
  This subtitle shall be cited as the `Women in Apprenticeship Occupations
  and Nontraditional Occupations Act'.
SEC. 132. FINDINGS; STATEMENT OF PURPOSE.
  (a) FINDINGS- The Congress finds that--
  (1) American businesses now and for the remainder of the 20th century will
  face a dramatically different labor market than the one to which they have
  become accustomed;
  (2) two in every three new entrants to the workforce will be women, and to
  meet labor needs such women must work in all occupational areas including
  in apprenticeable occupations and nontraditional occupations;
  (3) women face significant barriers to their full and effective participation
  in apprenticeable occupations and nontraditional occupations;
  (4) the business community must be prepared to address the barriers that
  women have to such jobs, in order to successfully integrate them into
  the workforce;
  (5) few resources are available to employers and unions who need assistance
  in recruiting, training, and retaining women in apprenticeable occupations
  and other nontraditional occupations.
  (b) PURPOSE- It is the purpose of this Act to provide technical assistance to
  employers and labor unions to encourage employment of women in apprenticeable
  occupations and nontraditional occupations. Such assistance will enable
  business to meet the challenge of Workforce 2000 by preparing employers
  to successfully recruit, train, and retain women in apprenticeable
  occupations and nontraditional occupations and will expand the employment
  and self-sufficiency options of women. This purpose will be achieved by--
  (1) promoting the program to employers and labor unions to inform them
  of the availability of technical assistance which will assist them in
  preparing the workplace to employ women in apprenticeable occupations and
  nontraditional occupations;
  (2) providing grants to community-based organizations to deliver technical
  assistance to employers and labor unions to prepare them to recruit,
  train, and employ women in apprenticeable occupations and nontraditional
  occupations;
  (3) authorizing the Department of Labor to serve as a liaison between
  employers, labor, and the community-based organizations providing technical
  assistance, through its national office and its regional administrators; and
  (4) conducting a comprehensive study to examine the barriers to the
  participation of women in apprenticeable occupations and nontraditional
  occupations and to develop recommendations for the workplace to eliminate
  such barriers.
SEC. 133. OUTREACH TO EMPLOYERS AND LABOR UNIONS.
  (a) IN GENERAL- The Department of Labor shall promote an outreach
  program to employers to inform employers of the availability of technical
  assistance which will assist in preparing the workplace to employ women
  in apprenticeable occupations and other nontraditional occupations:
  (1) The Department of Labor shall promote the program to employers through,
  but not limited to, the Private Industry Councils in each Service Delivery
  Area.
  (2) The Department of Labor shall provide outreach to Labor Unions through,
  but not limited to, the Building Trade Councils, Joint Apprenticeable
  Occupations Councils, and individual unions.
  (b) PRIORITY- The Department of Labor shall give priority to those employers
  who are located in areas that have nontraditional employment and training
  programs specifically targeted to women.
SEC. 134. TECHNICAL ASSISTANCE.
  (a) IN GENERAL- The technical assistance provided by community-based
  organizations to employers and labor unions may include--
  (1) developing outreach and orientation sessions to recruit women into
  the employers' apprenticeable occupations and nontraditional occupations;
  (2) developing preapprenticeable occupations or nontraditional skills
  training to prepare women for apprenticeable occupations or nontraditional
  occupations;
  (3) providing ongoing orientations for employers, unions, and workers on
  creating a successful environment for women in apprenticeable occupations
  or nontraditional occupations;
  (4) setting up support groups and facilitating networks for women in
  nontraditional occupations on or off the job site to improve their retention;
  (5) setting up a local computerized data base referral system to maintain
  a current list of tradeswomen who are available for work;
  (6) serving as a liaison between tradeswomen and employers and tradeswomen
  and labor unions to address workplace issues related to gender; and
  (7) conducting exit interviews with tradeswomen to evaluate their on-the-job
  experience and to assess the effectiveness of the program.
  (b) SELECTION OF EMPLOYER AND LABOR UNIONS- The Department of Labor
  shall select a total of 50 employers or labor unions to receive technical
  assistance under subsection (a).
SEC. 135. COMPETITIVE GRANTS.
  (a) IN GENERAL- Each eligible community-based organization desiring to
  receive a grant to provide technical assistance to employers and labor
  unions under section 134 of this subtitle shall submit an application to
  the Department of Labor at such time, in such manner, and accompanied by
  such information as the Department of Labor may reasonably require.
  (b) PRIORITY- In awarding grants under this Act, the Deparment of Labor shall
  give priority to applications from community based organizations which--
  (1) demonstrate experience preparing women to gain employment in
  apprenticeable occupations or other nontraditional occupations;
  (2) demonstrate experience working with the business community to prepare
  them to place women in apprenticeable occupations or other nontraditional
  occupations;
  (3) have tradeswomen or women in nontraditional occupations as active
  members of the organization, as either employed staff or Board members; and
  (4) have experience delivering technical assistance.
SEC. 136. APPLICATIONS.
  To be eligible to receive technical assistance under this section, an
  employer or labor union requesting assistance shall submit an application
  for assistance to the Department of Labor at such time, in such manner and
  containing or accompanied by such information as the Department of Labor
  may reasonably require. At a minimum, the application should include--
  (1) a description of the need for assistance;
  (2) a description of the types of apprenticeable occupations or
  nontraditional occupations in which the employer or labor union would like
  to train or employ women;
  (3) assurances that there are or will be suitable and appropriate positions
  available in the apprenticeable occupations program or in the nontraditional
  occupations being targeted; and
  (4) commitments that all reasonable efforts shall be made to place women
  in apprenticeable occupations or nontraditional occupations.
SEC. 137. LIAISON ROLE OF DEPARTMENT OF LABOR.
  (a) IN GENERAL- The Department of Labor will serve as a liaison between
  employers, labor, and the community-based organizations. The liaison role
  may include--
  (1) coordination of employers and labor unions with community-based
  organizations which have been certified to provide technical assistance;
  (2) conducting regular assessment meetings with representatives of the
  partners: the employers, labor unions (if applicable), and the community
  groups; and
  (3) seeking employer and labor input on technical assistance strategies
  and recommendations for improvement.
SEC. 138. STUDY OF THE BARRIERS TO THE PARTICIPATION OF WOMEN IN APPRENTICEABLE
OCCUPATIONS AND NONTRADITIONAL OCCUPATIONS.
  (a) STUDY- The Department of Labor shall conduct a study of the participation
  of women in apprenticeable occupations and nontraditional occupations. The
  study shall examine--
  (1) the barriers to participation of women in apprenticeable occupations
  and nontraditional occupations;
  (2) strategies for overcoming such barriers;
  (3) the retention rates for women in apprenticeable occupations and
  nontraditional occupations;
  (4) strategies for retaining women in apprenticeable occupations and
  nontraditional occupations;
  (5) the effectiveness of the technical assistance provided by the
  community-based organizations; and
  (6) other relevant issues affecting the participation of women in
  apprenticeable occupations and nontraditional occupations.
  (b) REPORT- The Department of Labor shall submit to the Congress a report
  containing the study described in subsection (a) and such recommendations
  as the Department of Labor determines to be appropriate not later than 2
  years after the date of the enactment of this Act.
SEC. 139. DEFINITIONS.
  For purposes of this Act:
  (1) The term `nontraditional occupation' means jobs in which women make
  up 25 percent or less of the total number of workers in that occupation.
  (2) The term `community-based organization' has the same meaning given that
  term in section 4(5) of the Job Training Partnership Act (29 U.S.C. 1501(5)).
  (3) The term `Secretary' means the Secretary of Labor.
  (4) The term `eligible community-based organization' means an organization
  with demonstrated experience administering programs that train women for
  apprenticeable occupations or other nontraditional occupations.
SEC. 140. PROGRAM AUTHORIZATION.
  There are authorized to be appropriated to carry out this Act, $1,000,000.
Subtitle D--Glass Ceiling Act of 1991
SEC. 141. SHORT TITLE.
  This subtitle may be cited as the `Glass Ceiling Act of 1991'.
SEC. 142. FINDINGS AND PURPOSE.
  (a) FINDINGS- Congress finds that--
  (1) despite a dramatically growing presence in the workplace, women
  and minorities remain underrepresented in management and decisionmaking
  positions in business;
  (2) artificial barriers exist to the advancement of women and minorities
  in the workplace;
  (3) United States corporations are increasingly relying on women and
  minorities to meet employment requirements and are increasingly aware of
  the advantages derived from a diverse work force;
  (4) the `Glass Ceiling Initiative' undertaken by the Department of Labor,
  including the release of the report entitled `Report on the Glass Ceiling
  Initiative', has been instrumental in raising public awareness of--
  (A) the underrepresentation of women and minorities at the management and
  decisionmaking levels in the United States work force;
  (B) the underrepresentation of women and minorities in line functions in
  the United States work force;
  (C) the lack of access for qualified women and minorities to
  credential-building developmental opportunities; and
  (D) the desirability of eliminating artificial barriers to the advancement
  of women and minorities to such levels;
  (5) the establishment of a commission to examine issues raised by the
  Glass Ceiling Initiative would help--
  (A) focus greater attention on the importance of eliminating artificial
  barriers to the advancement of women and minorities to management and
  decisionmaking positions in business; and
  (B) promote work force diversity;
  (6) a comprehensive study that includes analysis of the manner in which
  management and decisionmaking positions are filled, the developmental and
  skill-enhancing practices used to foster the necessary qualifications for
  advancement, and the compensation programs and reward structures utilized
  in the corporate sector would assist in the establishment of practices
  and policies promoting opportunities for, and eliminating artificial
  barriers to, the advancement of women and minorities to management and
  decisionmaking positions;
  (7) a national award recognizing employers whose practices and policies
  promote opportunities for, and eliminate artificial barriers to, the
  advancement of women and minorities will foster the advancement of women
  and minorities into higher level positions by--
  (A) helping to encourage United States companies to modify practices and
  policies to promote opportunities for, and eliminate artificial barriers
  to, the upward mobility of women and minorities; and
  (B) providing specific guidance for other United States employers that
  wish to learn how to revise practices and policies to improve the access
  and employment opportunities of women and minorities; and
  (8) employment quotas based on race, sex, national origin, religious belief,
  or disability--
  (A) are antithetical to the historical commitment of the Nation to the
  principle of equality of opportunity; and
  (B) do not serve any legitimate business or social purpose.
  (b) PURPOSE- The purpose of this Act is to establish--
  (1) a Glass Ceiling Commission to study--
  (A) the manner in which business fills management and decisionmaking
  positions;
  (B) the developmental and skill-enhancing practices used to foster the
  necessary qualifications for advancement into such positions; and
  (C) the compensation programs and reward structures currently utilized in
  the workplace; and
   (2) an annual award for excellence in promoting a more diverse skilled
   work force at the management and decisionmaking levels in business.
SEC. 143. ESTABLISHMENT OF GLASS CEILING COMMISSION.
  (a) IN GENERAL- There is established a Glass Ceiling Commission (referred
  to in this Act as the `Commission'), to conduct a study and prepare
  recommendations concerning--
  (1) eliminating artificial barriers to the advancement of women and
  minorities; and
  (2) increasing the opportunities and developmental experiences of women
  and minorities to foster advancement of women and minorities to management
  and decisionmaking positions in business.
  (b) MEMBERSHIP-
  (1) COMPOSITION- The Commission shall be composed of 17 members, including--
  (A) five individuals appointed by the President;
  (B) three individuals appointed jointly by the Speaker of the House of
  Representatives and the Majority Leader of the Senate;
  (C) one individual appointed by the Majority Leader of the House of
  Representatives;
  (D) one individual appointed by the Minority Leader of the House of
  Representatives;
  (E) one individual appointed by the Majority Leader of the Senate;
  (F) one individual appointed by the Minority Leader of the Senate;
  (G) two Members of the House of Representatives appointed jointly by the
  Majority Leader and the Minority Leader of the House of Representatives;
  (H) two Members of the Senate appointed jointly by the Majority Leader
  and the Minority Leader of the Senate; and
  (I) the Secretary of Labor.
  (2) CONSIDERATIONS- In making appointments under subparagraphs (A) and (B)
  of paragraph (1), the appointing authority shall consider the background
  of the individuals, including whether the individuals--
  (A) are members of organizations representing women and minorities, and
  other related interest groups;
  (B) hold management or decisionmaking positions in corporations or other
  business entities; and
  (C) possess academic expertise or other recognized ability regarding
  employment issues.
  (c) CHAIRPERSON- The Secretary of Labor shall serve as the Chairperson of
  the Commission.
  (d) TERM OF OFFICE- Members shall be appointed for the life of the
  Commission.
  (e) VACANCIES- Any vacancy occurring in the membership of the Commission
  shall be filled in the same manner as the original appointment for the
  position being vacated. The vacancy shall not affect the power of the
  remaining members to execute the duties of the Commission.
  (f) MEETINGS-
  (1) MEETINGS PRIOR TO COMPLETION OF REPORT- The Commission shall meet not
  fewer than five times in connection with and pending the completion of
  the report described in section 4(b). The Commission shall hold additional
  meetings if the Chairperson or a majority of the members of the Commission
  request the additional meetings in writing.
  (2) MEETINGS AFTER COMPLETION OF REPORT- The Commission shall meet once
  each year after the completion of the report described in section 4(b). The
  Commission shall hold additional meetings if the Chairperson or a majority
  of the members of the Commission request the additional meetings in writing.
  (g) QUORUM- A majority of the Commission shall constitute a quorum for
  the transaction of business.
  (h) COMPENSATION AND EXPENSES-
  (1) COMPENSATION- Each member of the Commission who is not an employee of
  the Federal Government shall receive compensation at the daily equivalent
  of the rate specified for level V of the Executive Schedule under section
  5316 of title 5, United States Code, for each day the member is engaged
  in the performance of duties for the Commission, including attendance
  at meetings and conferences of the Commission, and travel to conduct the
  duties of the Commission.
  (2) TRAVEL EXPENSES- Each member of the Commission shall receive travel
  expenses, including per diem in lieu of subsistence, at rates authorized
  for employees of agencies under subchapter I of chapter 57 of title 5,
  United States Code, for each day the member is engaged in the performance
  of duties away from the home or regular place of business of the member.
  (3) EMPLOYMENT STATUS- A member of the Commission, who is not otherwise an
  employee of the Federal Government, shall not be deemed to be an employee
  of the Federal Government except for the purposes of--
  (A) the tort claims provisions of chapter 171 of title 28, United States
  Code; and
  (B) subchapter I of chapter 81 of title 5, United States Code, relating
  to compensation for work injuries.
SEC. 144. RESEARCH ON ADVANCEMENT OF WOMEN AND MINORITIES TO MANAGEMENT AND
DECISIONMAKING POSITIONS IN BUSINESS.
  (a) ADVANCEMENT STUDY- The Commission shall conduct a study of opportunities
  for, and artificial barriers to, the advancement of women and minorities
  to management and decisionmaking positions in business. In conducting the
  study, the Commission shall--
  (1) examine the preparedness of women and minorities to advance to management
  and decisionmaking positions in business;
  (2) examine the opportunities for women and minorities to advance to
  management and decisionmaking positions in business;
  (3) conduct basic research into the practices, policies, and manner in
  which management and decisionmaking positions in business are filled;
  (4) conduct comparative research of businesses and industries in which women
  and minorities are promoted to management and decisionmaking positions,
  and businesses and industries in which women and minorities are not promoted
  to management and decisionmaking positions;
  (5) compile a synthesis of available research on programs and practices
  that have successfully led to the advancement of women and minorities to
  management and decisionmaking positions in business, including training
  programs, rotational assignments, developmental programs, reward programs,
  employee benefit structures, and family leave policies; and
  (6) examine any other issues and information relating to the advancement of
  women and minorities to management and decisionmaking positions in business.
  (b) REPORT- Not later than 15 months after the date of the enactment of
  this Act, the Commission shall prepare and submit to the President and
  the appropriate committees of Congress a written report containing--
  (1) the findings and conclusions of the Commission resulting from the
  study conducted under subsection (a); and
  (2) recommendations based on the findings and conclusions described
  in paragraph (1) relating to the promotion of opportunities for,
  and elimination of artificial barriers to, the advancement of women
  and minorities to management and decisionmaking positions in business,
  including recommendations for--
  (A) policies and practices to fill vacancies at the management and
  decisionmaking levels;
  (B) developmental practices and procedures to ensure that women and
  minorities have access to opportunities to gain the exposure, skills, and
  expertise necessary to assume management and decisionmaking positions; and
  (C) compensation programs and reward structures utilized to reward and
  retain key employees.
  (c) ADDITIONAL STUDY- The Commission may conduct such additional study of
  the advancement of women and minorities to management and decisionmaking
  positions in business as a majority of the members of the Commission
  determines to be necessary.
SEC. 145. ESTABLISHMENT OF THE NATIONAL AWARD FOR DIVERSITY AND EXCELLENCE
IN AMERICAN EXECUTIVE MANAGEMENT.
  (a) IN GENERAL- There is established the National Award for Diversity and
  Excellence in American Executive Management, which shall be evidenced by a
  medal bearing the inscription `National Award for Diversity and Excellence
  in American Executive Management'. The medal shall be of such design and
  materials, and bear such additional inscriptions, as the Commission 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 Commission, at such time, in such
  manner, and containing such information as the Commission may require,
  including at a minimum information that demonstrates that the business
  has made substantial effort to promote the opportunities and developmental
  experiences of women and minorities to foster advancement to management and
  decisionmaking positions within the business, including the elimination
  of artificial barriers to the advancement of women and minorities, and
  deserves special recognition as a consequence; and
  (2) meet such additional requirements and specifications as the Commission
  determines to be appropriate.
  (c) MAKING AND PRESENTATION OF AWARD-
  (1) AWARD- After receiving recommendations from the Commission, 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 with such ceremonies as the President
  or the designated representative of the President may determine to be
  appropriate.
  (3) PUBLICITY- A business that receives an award under this section may
  publicize the receipt of the award and use the award in its advertising,
  if the business agrees to help other United States businesses improve with
  respect to the promotion of opportunities and developmental experiences
  of women and minorities to foster the advancement of women and minorities
  to management and decisionmaking positions.
SEC. 146. POWERS OF THE COMMISSION.
  (a) IN GENERAL- The Commission is authorized to--
  (1) hold such hearings and sit and act at such times;
  (2) take such testimony;
  (3) have such printing and binding done;
  (4) enter into such contracts and other arrangements;
  (5) make such expenditures; and
  (6) take such other actions;
as the Commission may determine to be necessary to carry out the duties of
the Commission.
  (b) OATHS- Any member of the Commission may administer oaths or affirmations
  to witnesses appearing before the Commission.
  (c) OBTAINING INFORMATION FROM FEDERAL AGENCIES- The Commission may secure
  directly from any Federal agency such information as the Commission may
  require to carry out its duties.
  (d) VOLUNTARY SERVICE- Notwithstanding section 1342 of title 31, United
  States Code, the Chairperson of the Commission may accept for the Commission
  voluntary services provided by a member of the Commission.
  (e) GIFTS AND DONATIONS- The Commission may accept, use, and dispose of gifts
  or donations of property in order to carry out the duties of the Commission.
  (f) USE OF MAIL- The Commission may use the United States mails in the
  same manner and under the same conditions as Federal agencies.
SEC. 147. CONFIDENTIALITY OF INFORMATION.
  (a) Individual Business Information-
  (1) IN GENERAL- Except as provided in paragraph (2), and notwithstanding
  section 552 of title 5, United States Code, in carrying out the duties
  of the Commission, including the duties described in sections 4 and 5,
  the Commission shall maintain the confidentiality of all information
  that concerns--
  (A) the employment practices and procedures of individual businesses; or
  (B) individual employees of the businesses.
  (2) CONSENT- The content of any information described in paragraph (1) may
  be disclosed with the prior written consent of the business or employee,
  as the case may be, with respect to which the information is maintained.
  (b) AGGREGATE INFORMATION- In carrying out the duties of the Commission,
  the Commission may disclose--
  (1) information about the aggregate employment practices or procedures of
  a class or group of businesses; and
  (2) information about the aggregate characteristics of employees of the
  businesses, and related aggregate information about the employees.
SEC. 148. STAFF AND CONSULTANTS.
  (a) STAFF-
  (1) APPOINTMENT AND COMPENSATION- The Commission may appoint and determine
  the compensation of such staff as the Commission determines to be necessary
  to carry out the duties of the Commission.
  (2) LIMITATIONS- The rate of compensation for each staff member shall
  not exceed the daily equivalent of the rate specified for level V of the
  Executive Schedule under section 5316 of title 5, United States Code for
  each day the staff member is engaged in the performance of duties for
  the Commission. The Commission may otherwise appoint and determine the
  compensation of staff without regard to the provisions of title 5, United
  States Code, that govern appointments in the competitive service, and the
  provisions of chapter 51 and subchapter III of chapter 53 of title 5, United
  States Code, that relate to classification and General Schedule pay rates.
  (b) EXPERTS AND CONSULTANTS- The Chairperson of the Commission may obtain
  such temporary and intermittent services of experts and consultants and
  compensate the experts and consultants in accordance with section 3109(b)
  of title 5, United States Code, as the Commission determines to be necessary
  to carry out the duties of the Commission.
  (c) DETAIL OF FEDERAL EMPLOYEES- On the request of the Chairperson of
  the Commission, the head of any Federal agency shall detail, without
  reimbursement, any of the personnel of the agency to the Commission to
  assist the Commission in carrying out its duties. Any detail shall not
  interrupt or otherwise affect the civil service status or privileges of
  the Federal employee.
  (d) TECHNICAL ASSISTANCE- On the request of the Chairperson of the
  Commission, the head of a Federal agency shall provide such technical
  assistance to the Commission as the Commission determines to be necessary
  to carry out its duties.
SEC. 149. AUTHORIZATION OF APPROPRIATIONS.
  There are authorized to be appropriated to the Commission such sums as
  may be necessary to carry out the provisions of this Act. The sums shall
  remain available until expended, without fiscal year limitation.
SEC. 150. TERMINATION.
  (a) COMMISSION- Notwithstanding section 15 of the Federal Advisory Committee
  Act (5 U.S.C. App.), the Commission shall terminate 4 years after the date
  of the enactment of this Act.
  (b) AWARD- The authority to make awards under section 5 shall terminate
  4 years after the date of the enactment of this Act.
Subtitle E--Women and Minorities in Science and Mathematics Act of 1991
SEC. 151. SHORT TITLE; PREFERENCES.
  (a) SHORT TITLE- This subtitle may be cited as the `Women and Minorities
  in Science and Mathematics Act of 1991'.
  (b) REFERENCES- References in this Act to `the Act' are references to the
  Higher Education Act of 1965.
SEC. 152. FINDINGS.
  The Congress finds that--
  (1) The United States is suffering from a severe and worsening
  shortage of scientists which threatens the Nation's ability to compete
  internationally. If present patterns continue, the United States will
  experience a net shortfall of approximately 750,000 scientists and engineers
  by the year 2000.
  (2) Although women constitute approximately 50 percent of the total
  professional workforce, they represent only 13 percent of our scientists
  and engineers. Although African-Americans constitute over 10 percent of
  total United States employment, they represent only 2.6 percent of our
  scientists and engineers. These groups represent a vast untapped resource
  on which our Nation's future competitiveness depends.
  (3) In order to spur more women and underrepresented minorities to enter
  the fields of science and mathematics and succeed in these fields,
  they must receive appropriate support in secondary, postsecondary,
  and graduate educational institutions, including counseling and student
  aid. In addition, we must provide proper training for existing mathematics
  and science teachers and recruit women and underrepresented minorities as
  teachers in these fields.
SEC. 153. POSTSECONDARY PROGRAMS FOR NONTRADITIONAL STUDENTS.
  (a) PART A: PURPOSES- Section 111(a)(2) of the Act (20 U.S.C. 1011(a)(2))
  is amended--
  (1) by striking `and' at the end of subparagraph (F); and
  (2) by adding at the end thereof the following new subparagraph:
  `(H) who are women and minorities who are underrepresented in the fields
  of science and mathematics and are seeking entry into these fields; and'.
  (b) PART A: USE OF GRANT FUNDS- Section 111(b) of the Act is amended--
  (1) by striking `and' at the end of paragraph (8);
  (2) by striking the period at the end of paragraph (9) and inserting `;
  and'; and
  (3) by adding at the end thereof the following new paragraph:
  `(10) the creation of expansion of education programs in science and
  mathematics for women and minorities who are underrepresented in these
  fields.'.
  (c) PART A: OFF-CAMPUS PROGRAMS- Section 112(c)(2) of the Act (20
  U.S.C. 1012(c)(2)) is amended--
  (1) by striking `and' at the end of subparagraph (F);
  (2) by redesignating subparagraph (G) as subparagraph (H); and
  (3) by inserting after subparagraph (F) the following new subparagraph:
  `(G) provide for training of faculty and staff to develop education programs
  designed to encourage women and minorities who are underrepresented in
  the fields of science and mathematics to enter these fields; and'.
  (d) PART A: ADULT AND CONTINUING EDUCATION STAFF DEVELOPMENT- Section 113(b)
  of the Act (20 U.S.C. 1013(b)) is amended--
  (1) by striking `and' at the end of paragraph (2);
  (2) by striking the period at the end of paragraph (2) and inserting `;
  and'; and
  (3) by adding at the end thereof the following new paragraph:
  `(4) programs designed to enhance pedagogical skills of staff involved
  in programs offering education in science and mathematics for women and
  minorities who are underrepresented in such fields.'.
  (e) PART B: ADULT LEARNING- Section 121 of the Act (20 U.S.C. 1016)
  is amended--
  (1) in subsection (b)--
  (A) by striking `and' at the end of paragraph (7);
  (B) by striking the period at the end of paragraph (8) and inserting `;
  and'; and
  (C) by adding at the end thereof the following new paragraph:
  `(9) supporting model training for women and minorities who are
  underrepresented in the fields of science and mathematics and are seeking
  work in such fields.'; and
  (2) in subsection (c)--
  (A) by striking `and' at the end of paragraph (1);
  (B) by striking the period at the end of paragraph (3) and inserting `;
  and'; and
  (C) by adding at the end thereof the following new paragraph:
  `(3) provide assurances of the consideration of women and minorities who
  are underrepresented in the fields of science and mathematics.'.
SEC. 154. TRIO PROGRAMS.
  (a) TALENT SEARCH- Section 417B(a) of the Act (20 U.S.C. 1070d-1(a))
  is amended--
  (1) by striking `and' at the end of paragraph (2);
  (2) by striking the period at the end of paragraph (3) and inserting `;
  and'; and
  (3) by adding at the end thereof the following new paragraph:
  `(4) to encourage women to enter the fields of science and mathematics.'.
  (b) UPWARD BOUND- Section 417C(b) of the Act (20 U.S.C. 1070d-1a(b))
  is amended--
  (1) by redesignating paragraphs (4) through (9) as paragraphs (5) through
  (10), respectively; and
  (2) by inserting after paragraph (3) the following new paragraph:
  `(4) academic advice and assistance in high school course selection for
  girls and minorities to prepare them for fields in which they have been
  underrepresented such as science, mathematics, and technology;'.
SEC. 155. EDUCATOR RECRUITMENT, RETENTION, AND DEVELOPMENT.
  (a) PURPOSE- Section 501 of the Act (20 U.S.C. 1101) is amended--
  (1) by striking `and' at the end of paragraph (5);
  (2) by striking the period at the end of paragraph (6) and inserting `;
  and'; and
  (3) by adding at the end thereof the following new paragraph:
  `(7) to provide scholarship assistance to encourage women and minorities
  who are underrepresented in the fields of science and mathematics to enter
  the teaching profession in these fields.'.
  (b) MIDCAREER TEACHER TRAINING FOR NONTRADITIONAL STUDENTS-
  (1) PURPOSE- Section 511 of the Act (20 U.S.C. 1103) is amended by adding at
  the end thereof the following new sentence: `This is particularly important
  for women and minorities who are underrepresented in the field of science
  and mathematics.'.
  (2) APPLICATIONS- Section 513(a) of the Act (20 U.S.C. 1103b(a)) is amended--
  (A) by inserting before the semicolon at the end of paragraph (1)
  the following: `, and to prepare teachers in the fields of science and
  mathematics'; and
  (B) by inserting `and specialists in science and mathematics' after
  `including each childhood education specialists' in paragraph (5).
  (c) SCHOOL, COLLEGE, AND UNIVERSITY PARTNERSHIPS- Section 523 of the Act
  (20 U.S.C. 1105b) is amended--
  (1) in subsection (b)--
  (A) by striking `and' at the end of paragraph (4);
  (B) by striking the period at the end of paragraph (5) and inserting `;
  and'; and
  (C) by adding at the end thereof the following new paragraph:
  `(6) are designed to encourage women and minorities who are underrepresented
  in the fields of science and mathematics to pursue these fields.'.
  (2) in subsection (c)--
  (A) by striking `and' at the end of paragraph (2);
  (B) by striking the period at the end of paragraph (3) and inserting `;
  and'; and
  (C) by adding at the end thereof the following new paragraph:
  `(4) programs to encourage women and minorities who are underrepresented
  in the fields of science and mathematics to pursue these fields.'.
  (d) PROFESSIONAL DEVELOPMENT AND LEADERSHIP PROGRAMS-
  (1) PURPOSE- Section 531(b)(4) of the Act (20 U.S.C. 1107(b)(4)) is
  amended by inserting `and science and mathematics instruction' after
  `and development'.
  (2) USE OF FUNDS- Section 533(c) of the Act (20 U.S.C. 1107b(c)) is amended--
  (A) by striking `and' at the end of paragraph (6);
  (B) by striking the period at the end of paragraph (7) and inserting `;
  and'; and
  (C) by adding at the end thereof the following new paragraph:
  `(8) providing professional development opportunities for women and
  minorities who are underrepresented in the fields of science and
  technology.'.
  (e) APPLICATIONS- Section 535(b) of the Act (20 U.S.C. 1107d(b)) is amended--
  (1) by inserting `and science and technology specialists' after `educational
  specialists' in paragraph (1); and
  (2) by inserting before the semicolon at the end of paragraph (4)
  the following: `, including an assessment of the inclusion of women
  and minorities who are underrepresented in the fields of science and
  mathematics'.
  (f) CONGRESSIONAL TEACHER SCHOLARSHIPS-
  (1) PURPOSE- Section 551(a) of the Act (20 U.S.C. 1111(a)) is amended by
  inserting before the period at the end thereof the following: `, and to
  encourage women and minorities who are underrepresented in the fields of
  science and mathematics to pursue teaching careers in these fields'.
  (2) APPLICATIONS- Section 553 of the Act (20 U.S.C. 1111b) is amended--
  (A) by inserting before the semicolon at the end of paragraph (8) of
  subsection (b) the following: `or students who show interest in pursuing
  teaching careers in science and mathematics, especially women and minorities
  who are underrepresented in these fields'; and
  (B) by inserting `and science and mathematics' after `education and
  development' in subsection (d)(2)(A).
  (g) SELECTION- Section 555(b) of the Act (20 U.S.C. 1111d(b)) is amended by
  adding at the end thereof the following new sentence: `Special consideration
  shall be afforded to women and minorities who are underrepresented in the
  fields of science and mathematics and are seeking to enter the teaching
  profession in these fields.'.
SEC. 156. COOPERATIVE EDUCATION.
  Section 803(a)(2) of the Act (20 U.S.C. 1133b(a)(2)) is amended--
  (1) by striking `and' at the end of subparagraph (D);
  (2) by striking the period at the end of subparagraph (E) and inserting
  `; and'; and
  (3) by adding at the end thereof the following new subparagraph:
  `(F) encourage model and cooperative education in the fields of science
  and mathematics for women and minorities who are underrepresented in
  these fields.'.
SEC. 157. GRADUATE PROGRAMS.
  (a) PROGRAM AUTHORITY- Section 901 of the Act (20 U.S.C. 1134) is amended
  by inserting `including minority women who are underrepresented in the
  fields of science and mathematics,' after `graduate education,'.
  (b) CONTENTS OF APPLICATIONS- Section 902(a)(2) of the Act (20
  U.S.C. 1134a(a)(2)) is amended by inserting `and minority women interested
  in entering fields in which they are underrepresented,' after `minority
  undergraduates'.
  (c) HARRIS FELLOWSHIPS- Section 922 of the Act (20 U.S.C 1134e) is amended--
  (1) in subsection (d)(3)--
  (A) by inserting `and women' after `minority group'; and
  (B) by inserting `and specific fields' after `colleges and universities'; and
  (2) in subsection (e)--
  (A) by striking `and' at the end of paragraph (1);
  (B) by striking the period at the end of paragraph (2) and inserting `;
  and'; and
  (C) by adding at the end thereof the following new paragraph:
  `(3) women interested in entering the fields of science and mathematics.'.
  (c) AREAS OF NATIONAL NEED-
  (1) DESIGNATION OF AREAS- Section 943(b) of the Act (20 U.S.C. 1134n(b))
  is amended by adding at the end thereof the following new sentence:
  `Special consideration should be afforded to women and minorities who are
  underrepresented in the fields of science and mathematics because they
  represent a vast untapped resource.'.
  (2) CONTENTS OF APPLICATIONS- Section 944(b) of the Act (20 U.S.C. 1134o(b))
  is amended--
  (A) by redesignating paragraphs (4) through (8) as paragraphs (5) through
  (9), respectively; and
  (B) by inserting paragraph (3) the following new paragraph:
  `(4) set forth policies and procedures to assure that, in making fellowship
  awards under this part, the institution will seek talented women and
  minorities especially in the fields of science and mathematics.'.
SEC. 158. POSTSECONDARY IMPROVEMENT PROGRAMS.
  (a) MINORITY SCIENCE IMPROVEMENT PROGRAMS- Section 1021(b) of the Act
  (20 U.S.C. 1135b(b)) is amended by inserting `and minority women' after
  `ethnic minorities'.
  (b) SCIENCE AND ENGINEERING ACCESS- Section 1033(5) of the Act (20
  U.S.C. 1135c-2(5)) is amended by inserting `, particularly minority women,'
  after `minority students'.
Subtitle F--Commission on the Advancement of Women in the Science and
Engineering Work Forces Act
SEC. 161. SHORT TITLE.
  This subtitle may be cited as the `Commission on the Advancement of Women
  in the Science and Engineering Work Forces Act'.
SEC. 162. FINDINGS.
  The Congress finds that--
  (1) despite a consistently high presence of women in the professional and
  total work forces of the United States, women continue to be underrepresented
  in the science and engineering work forces;
  (2) women scientists and engineers have higher rates of unemployment and
  underemployment than their male counterparts, although the number of women
  receiving degrees in scientific and engineering disciplines has increased
  since 1981;
  (3) artificial barriers exist in the recruitment, retention, and advancement
  of women in the science and engineering work forces;
  (4) academia, industry, and government are increasingly aware of the
  necessity of and the advantages derived from diverse science and engineering
  work forces;
  (5) initiatives of the White House Task Force on Women, Minorities, and
  the Handicapped in Science and Technology and of the Federal Coordinating
  Council on Science, Engineering, and Technology have been instrumental in
  raising public awareness of--
  (A) the underrepresentation of women in the science and engineering work
  forces; and
  (B) the desirability of eliminating artificial barriers to the recruitment,
  retention, and advancement of women in such work forces; and
  (6) the establishment of a commission to examine issues raised by these
  initiatives would help to--
  (A) focus greater attention on the importance of eliminating artificial
  barriers to the recruitment, retention, and advancement of women in the
  science and engineering work forces and in all employment sectors of the
  United States;
  (B) promote work force diversity;
  (C) sensitize employers to the need to recruit and retain women scientists
  and engineers in order to overcome projected shortfalls within the science
  and engineering work forces of the United States during the next 20
  years; and
  (D) encourage the replication of successful recruitment and retention
  programs by universities, corporations, and Federal agencies having
  difficulties in employing women scientists and engineers.
SEC. 163. ESTABLISHMENT.
  There is established a commission to be known as the `Commission on
  the Advancement of Women in the Science and Engineering Work Forces'
  (hereinafter in this subtitle referred to as the `Commission').
SEC. 164. DUTY OF COMMISSION.
  The Commission shall conduct a study to--
  (1) examine the need in the United States for women in the science and
  engineering work forces, the specific types of occupations in which women
  scientists and engineers are needed, and the number needed in each such
  occupation;
  (2) examine the preparedness of women to--
  (A) pursue careers in the science and engineering work forces; and
  (B) advance to positions of greater responsibility within academia,
  industry, and government;
  (3) research the practices, policies, and manner relating to the recruitment,
  retention, and advancement of women scientists and engineers;
  (4) identify the opportunities for, and artificial barriers to, the
  recruitment, retention, and advancement of women scientists and engineers
  in academia, industry, and government;
  (5) research the employment scenarios in which the recruitment and promotion
  of women scientists and engineers are comparable to their male counterparts,
  and identify those scenarios in which such comparability does not exist;
  (6) compile a synthesis of available research on programs and practices
  that have successfully led to the recruitment and retention of women in
  the science and engineering work forces, including training programs,
  rotational assignments, developmental programs, reward programs, employee
  benefit structures, and family leave policies; and
  (7) examine such other issues and information relating to the advancement
  of women in the science and engineering work forces as determined by the
  Commission to be appropriate.
SEC. 165. MEMBERSHIP.
  (a) NUMBER AND APPOINTMENT- The Commission shall be composed of 17 members
  as follows:
  (1) 5 members appointed by the President.
  (2) 3 members appointed jointly by the Speaker of the House of
  Representatives and the majority leader of the Senate.
  (3) 1 member appointed by the majority leader of the House of
  Representatives.
  (4) 1 member appointed by the minority leader of the House of
  Representatives.
  (5) 1 member appointed by the majority leader of the Senate.
  (6) 1 member appointed by the minority leader of the Senate.
  (7) 2 Members of the House of Representatives appointed jointly by the
  majority leader and the minority leader of the House of Representatives.
  (8) 2 Senators appointed jointly by the majority leader and the minority
  leader of the Senate.
  (9) The Director of the Office of Science and Technology Policy.
  (b) ADDITIONAL QUALIFICATIONS- In making appointments under subsection
  (a), the appointing authority shall consider (among other factors) whether
  the individual--
  (1) is a member of an organization representing women and minorities;
  (2) holds executive management or senior decisionmaking positions in any
  business entity; and
  (3) possesses academic expertise or other recognized abilities relating
  to employment and employment discrimination issues.
  (c) POLITICAL AFFILIATION- Not more than 1/2 of the members appointed from
  individuals who are officers or employees of the United States may be of
  the same political party.
  (d) CONTINUATION OF MEMBERSHIP- If a member was appointed to the Commission
  because the member was an officer or employee of any government and later
  ceases to be such an officer or employee, that member may continue as a
  member of the Commission for not longer than the 60-day period beginning
  on the date the member ceases to be such an officer or employee.
  (e) TERMS-
  (1) IN GENERAL- Each Member shall be appointed for the life of the
  Commission.
  (2) VACANCIES- A vacancy in the Commission shall be filled in the manner
  in which the original appointment was made.
  (f) BASIC PAY-
  (1) RATES OF PAY- Except as provided in paragraph (2), each member of the
  Commission shall receive compensation at the daily equivalent of the rate
  specified for GS-18 of the General Schedule under section 5332 of title 5,
  United States Code, for each day the member is engaged in the performance of
  duties for the Commission, including attendance at meetings and conferences
  of the Commission, and travel to conduct the duties of the Commission.
  (2) PROHIBITION OF COMPENSATION OF FEDERAL EMPLOYEES- Members of the
  Commission who are full-time officers or employees of the United States
  or Members of Congress may not receive additional pay, allowances, or
  benefits by reason of their service on the Commission.
  (g) TRAVEL EXPENSES- Each member shall receive travel expenses, including
  per diem in lieu of subsistence, in accordance with sections 5702 and 5703
  of title 5, United States Code.
  (h) QUORUM- A majority of the members of the Commission shall constitute
  a quorum for the transaction of business.
  (i) CHAIRPERSON- The Director of the Office of Science and Technology
  Policy shall serve as the Chairperson of the Commission.
  (j) MEETINGS-
  (1) MEETINGS PRIOR TO COMPLETION OF REPORT- The Commission shall meet
  not fewer than 5 times in connection with and pending the completion of
  the report described in section 168. The Commission shall hold additional
  meetings if the Chairperson or a majority of the members of the Commission
  request the additional meetings in writing.
  (2) MEETINGS AFTER COMPLETION OF REPORT- The Commission shall meet at least
  once each year after the completion of the report described in section
  168 for the purpose of conducting additional studies. The Commission shall
  hold additional meetings if the Chairperson or a majority of the members
  of the Commission request the additional meetings in writing.
  (k) EMPLOYMENT STATUS- A member of the Commission, who is not otherwise
  an officer or employee of the Federal Government, shall not be deemed to
  be an employee of the Federal Government except for the purposes of--
  (1) the tort claims provisions of chapter 171 of title 28, United States
  Code; and
  (2) subchapter I of chapter 81 of title 5, United States Code, relating
  to compensation for work injuries.
SEC. 166. DIRECTOR AND STAFF OF COMMISSION; EXPERTS AND CONSULTANTS.
  (a) DIRECTOR- The Commission shall have a Director who shall be appointed
  by the Chairperson. The Director shall be paid at a rate not to exceed the
  maximum rate of basic pay payable for GS-18 of the General Schedule under
  section 5332 of title 5, United States Code.
  (b) STAFF- Subject to rules prescribed by the Commission, the Chairperson
  may appoint and fix the pay of additional personnel as the Chairperson
  considers appropriate.
  (c) APPLICABILITY OF CERTAIN CIVIL SERVICE LAWS- The Director and staff
  of the Commission may be appointed without regard to the provisions of
  title 5, United States Code, governing appointments in the competitive
  service, and may be paid without regard to the provisions of chapter 51
  and subchapter III of chapter 53 of that title relating to classification
  and General Schedule pay rates, except that an individual so appointed
  may not receive pay in excess of the annual rate of basic pay payable for
  GS-18 of the General Schedule.
  (d) EXPERTS AND CONSULTANTS- The Commission may procure temporary and
  intermittent services under section 3109(b) of title 5, United States Code,
  at rates for individuals not to exceed the maximum annual rate of basic
  pay payable for GS-18 of the General Schedule.
  (e) STAFF OF FEDERAL AGENCIES- Upon request of the Commission, the head
  of any Federal department or agency may detail, on a reimbursable basis,
  any of the personnel of that department or agency to the Commission to
  assist it in carrying out its duties under this subtitle.
SEC. 167. POWERS OF COMMISSION.
  (a) HEARINGS AND SESSIONS- The Commission may, for the purpose of carrying
  out this subtitle, hold hearings, sit and act at times and places, take
  testimony, and receive evidence as the Commission considers appropriate. The
  Commission may administer oaths or affirmations to witnesses appearing
  before it.
  (b) POWERS OF MEMBERS AND AGENTS- Any member or agent of the Commission may,
  if authorized by the Commission, take any action which the Commission is
  authorized to take by this section.
  (c) OBTAINING OFFICIAL DATA- The Commission may secure directly from
  any department or agency of the United States information necessary to
  enable it to carry out this subtitle. Upon request of the Chairperson of
  the Commission, the head of that department or agency shall furnish that
  information to the Commission.
  (d) GIFTS, BEQUESTS, AND DEVISES- The Commission may accept, use, and
  dispose of gifts, bequests, or devises of services or property, both
  real and personal, for the purpose of aiding or facilitating the work of
  the Commission. Gifts, bequests, or devises of money and proceeds from
  sales of other property received as gifts, bequests, or devises shall be
  deposited in the Treasury and shall be available for disbursement upon
  order of the Commission.
  (e) MAILS- The Commission may use the United States mails in the same
  manner and under the same conditions as other departments and agencies of
  the United States.
  (f) ADMINISTRATIVE SUPPORT SERVICES- Upon the request of the Commission,
  the Administrator of General Services shall provide to the Commission,
  on a reimbursable basis, the administrative support services necessary
  for the Commission to carry out its responsibilities under this subtitle.
  (g) CONTRACT AUTHORITY- The Commission may contract with and compensate
  government and private agencies or persons for the purpose of conducting
  research or surveys necessary to enable the Commission to carry out its
  duties under this subtitle, and for other services.
SEC. 168. REPORT.
  Not later than 2 years after the date on which the initial appointments are
  completed, the Commission shall submit to the President and the Congress
  a written report containing--
  (1) the findings and conclusions of the Commission resulting from the
  study conducted under section 164; and
  (2) recommendations based on the findings and conclusions referred to in
  paragraph (1).
SEC. 169. TERMINATION.
  Section 14(a)(2)(B) of the Federal Advisory Committee Act (5 U.S.C. App.;
  relating to the termination of advisory committees) shall not apply to
  the Commission.
SEC. 170. AUTHORIZATION OF APPROPRIATIONS.
  Amounts shall be made available to carry out this subtitle only to the
  extent such amounts are made available in advance in appropriations Acts.
TITLE II--WOMEN IN BUSINESS
Subtitle A--Act for Microenterprise
SEC. 201. SHORT TITLE.
  This subtitle may be cited as the `Act for Microenterprise'.
SEC. 202. PUBLIC ASSISTANCE PROVISIONS.
  (a) Business Assets Excluded From Resources and Income-
  (1) AFDC- Section 402(a)(8)(A) of the Social Security Act (42
  U.S.C. 602(a)(8)(A)) is amended--
  (A) by striking `and' at the end of clause (vii); and
  (B) by inserting after clause (viii) the following:
  `(ix) shall disregard any asset of (including any amount received as a
  loan by) a child, relative, or other individual specified in clause (ii)
  which is primarily used for business purposes; and'.
  (2) SSI-
  (A) EXCLUSION FROM INCOME- Section 1612(b) of such Act (42 U.S.C. 1382a(b))
  is amended--
  (i) by striking `and' at the end of paragraph (17);
  (ii) in paragraph (18), by striking the period and inserting `; and'; and
  (iii) by adding at the end the following:
  `(19) any asset of (including any amount received as a loan by) such
  individual (or such spouse) which is primarily used for business purposes.'.
  (B) EXCLUSION FROM RESOURCES- Section 1613(a) of such Act (42
  U.S.C. 1382b(a)) is amended--
  (i) by striking `and' at the end of paragraph (9);
  (ii) in paragraph (10), by striking the period and inserting `; and'; and
  (iii) by inserting after paragraph (10) the following:
  `(11) any asset of (including any amount received as a loan by) such
  individual (or such spouse) which is primarily used for business purposes.'.
  (b) Public Assistance Benefits Extended for Persons With Income From or
  Resources in a Microenterprise-
  (1) AFDC AND MEDICAID- Section 402(a) of the Social Security Act (42
  U.S.C. 602(a)) is amended by inserting after paragraph (28) the following:
  `(29) notwithstanding paragraphs (7) and (8), provide that, during the
  1-year period beginning on the first day any member of a family eligible for
  benefits under the State plan sells any good or service as part of operating
  a commercial enterprise with 5 or fewer employees, 1 or more of whom own the
  enterprise, all income of such family member attributable to the enterprise
  and all resources in which such family member has a beneficial interest
  used primarily in the enterprise shall be disregarded in determining the
  amount of aid to which the family is entitled under the State plan;'.
  (2) SSI and medicaid-
  (A) EXCLUSION FROM INCOME- Section 1612(b) of the Social Security Act
  (42 U.S.C. 1382a(b)), as amended by subsection (a)(2)(A) of this section,
  is amended--
  (i) by striking `and' at the end of paragraph (18);
  (ii) in paragraph (19), by striking the period and inserting `; and'; and
  (iii) by adding at the end the following:
  `(20) during the 1-year period beginning on the first day such individual
  (or such spouse) sells any good or service as part of operating a
  commercial enterprise with 5 or fewer employees, 1 or more of whom own the
  enterprise, all income of such individual (or such spouse) attributable
  to the enterprise.'.
  (B) EXCLUSION FROM RESOURCES- Section 1613(a) of the Social Security Act
  (42 U.S.C. 1382b(a)), as amended by subsection (a)(2)(B) of this section,
  is amended--
  (i) by striking `and' at the end of paragraph (10);
  (ii) in paragraph (11), by striking the period and inserting `; and'; and
  (iii) by inserting after paragraph (11) the following:
  `(12) during the 1-year period beginning on the first day such individual
  (or such spouse) sells any good or service as part of operating a commercial
  enterprise with 5 or fewer employees, 1 or more of whom own the enterprise,
  all resources of such individual (or such spouse) that are used primarily
  in the enterprise.'.
SEC. 203. UNEMPLOYMENT COMPENSATION FOR INDIVIDUALS STARTING MICROENTERPRISES.
  (a) STATE LAW REQUIREMENTS- Subsection (a) of section 3304 of the Internal
  Revenue Code of 1986 (relating to State law requirements) is amended by
  striking `and' at the end of paragraph (17), by redesignating paragraph
  (18) as paragraph (19), and by inserting after paragraph (17) the following
  new paragraph:
  `(18) compensation shall be payable to individuals starting microenterprises
  as provided in section 3(b) of the Act for microenterprises; and'.
  (b) PAYMENT OF COMPENSATION TO INDIVIDUALS STARTING MICROENTERPRISES-
  (1) IN GENERAL- For purposes of section 3304(a)(18) of the Internal Revenue
  Code of 1986, a State law shall provide that--
  (A) each individual who is an eligible individual with respect to any
  benefit year shall be entitled to receive regular or extended unemployment
  compensation, as the case may be, without regard to any State or Federal
  requirements relating to availability for work, active search for work,
  or refusal to accept suitable work, and
  (B) such individual shall be considered to be unemployed for purposes
  of the State and Federal laws applicable to unemployment compensation,
  as long as the individual performs services in the microenterprise.
  (2) DEFINITIONS- For purposes of this section--
  (A) ELIGIBLE INDIVIDUAL- The term `eligible individual' means, with respect
  to any benefit year, an individual who--
  (i) is eligible to receive regular or extended compensation under the
  State law during such benefit year,
  (ii) is starting a microenterprise, and
  (iii) submits an application to the State agency for compensation under
  this subsection.
  (B) MICROENTERPRISE- The term `microenterprise' means any unincorporated
  trade or business with 5 or fewer employees, 1 or more of whom own the
  enterprise.
  (C) OTHER TERMS- The terms `compensation', `extended compensation',
  `regular compensation', `benefit year', `State', and `State law' have
  the respective meanings given to such terms under section 205 of the
  Federal-State Extended Unemployment Compensation of 1970.
SEC. 204. ELIGIBILITY OF ASSISTANCE FOR MICROENTERPRISES UNDER COMMUNITY
DEVELOPMENT BLOCK GRANTS AND URBAN DEVELOPMENT ACTION GRANTS.
  (a) IN GENERAL- Section 105(a) of the Housing and Community Development
  Act of 1974 (42  U.S.C. 5305(a)) is amended--
  (1) in paragraph (19), by striking `and' at the end;
  (2) in paragraph (20), by striking the period at the end and inserting `;
  and'; and
  (3) by adding at the end the following:
  `(21) provision of assistance--
  `(A) to lending institutions and other organizations and agencies, in the
  form of amounts to be made available for loans to commercial enterprises
  with 5 or fewer employees, 1 or more of whom own the enterprise, such loans
  to be in amounts not less than $50 and not more than $5,000, the interest
  rate on which shall be comparable to the interest rate charged on secured
  commercial loans made in the county in which such enterprise is located; and
  `(B) public and private organizations and agencies for providing counseling,
  technical assistance, educational programs, planning, and training to
  facilitate the development, establishment, and operation of commercial
  enterprises described in subparagraph (A).'.
  (b) APPLICABILITY- The amendment made by this section shall apply to any
  amounts made available pursuant to sections 103 and 119 of the Housing and
  Community Development Act of 1974 (42  U.S.C. 5303 and 5318) for fiscal
  year 1991 and any succeeding fiscal year.
SEC. 205. BUSINESS LOANS TO MICROENTERPRISES.
  Section 2 of the Small Business Act (15  U.S.C. 631) is amended by adding
  after subsection (h) the following:
  `(i) The Congress finds that in implementing business loan programs under
  section 7(a) of the Small Business Act and title V of the Small Business
  Investment Act of 1958, the Administrator should give due consideration
  to the needs of microenterprises and institutions which offer credit or
  services to microenterprises. For the purposes of this subsection, the term
  `microenterprises' means commercial enterprises with 5 or fewer employees,
  1 or more of whom owns the enterprise.'.
SEC. 206. TREATMENT OF MICROENTERPRISE LOANS OF SAVINGS ASSOCIATIONS AS
QUALIFIED THRIFT INVESTMENTS.
  (a) IN GENERAL- Section 10(m)(4)(B)(i) of the Home Owners' Loan Act (12
  U.S.C. 1467a(m)(4)(B)(i)) is amended by inserting `, or to microenterprise
  loans' before the semicolon.
  (b) MICROENTERPRISE LOAN DEFINED- Section 10(m)(4) of such Act (12
  U.S.C. 1467a(m)(4)) is amended by adding at the end the following:
  `(C) MICROENTERPRISE LOAN- The term `microenterprise loan' means a loan--
  `(i) to a commercial enterprise with 5 or fewer employees, 1 or more of
  whom own the enterprise;
  `(ii) in amounts not less than $50 and not more than $5,000; and
  `(iii) the interest rate on which is comparable to the interest rate charged
  on secured commercial loans made in the county in which such enterprise
  is located.'.
SEC. 207. ESTABLISHMENT OF MICROENTERPRISE DIVISION IN EACH FEDERAL BANKING
AGENCY.
  (a) IN GENERAL- Each Federal banking agency shall establish a division
  to be known as the `Microenterprise Technical and Operations Office'
  to promote microenterprises by offering technical assistance, training,
  outreach, and other support to groups and individuals engaged in, or
  desiring to establish, a microenterprise or an institution which offers
  credit or services to microenterprises.
  (b) DUTIES OF MICROENTERPRISE DIVISION- The Microenterprise Technical and
  Operations Office of each Federal banking agency shall--
  (1) facilitate the creation and financing of microenterprises by
  collecting information relating to microenterprises and providing such
  information without charge to interested persons, and generally serving
  as a clearinghouse for information relating to microenterprises; and
  (2) monitor and provide assistance to the microenterprise divisions
  established pursuant to section 34 of the Federal Deposit Insurance Act.
  (c) MICROENTERPRISE DEFINED- As used in this section, the term
  `microenterprise' means any commercial enterprise with 5 or fewer employees,
  1 or more of whom own the enterprise.
Subtitle B--Microlend for the Future Act
SEC. 221. SHORT TITLE.
  This subtitle may be cited as the `Microlend for the Future Act'.
SEC. 222. MICROENTERPRISE ASSISTANCE PROGRAM.
  (a) AUTHORITY TO MAKE LOANS AND GRANTS-
  (1) IN GENERAL- Subject to the requirements of this section, the
  Administrator is authorized to make loans and grants to community based
  organizations for the purpose of assisting in the startup and expansion
  of microenterprises located in the United States.
  (2) FINANCIAL INTERMEDIARIES- The Administrator may make loans and grants
  to community based organizations under this subsection either directly or
  in cooperation with a financial intermediary under an agreement entered
  into with the intermediary to carry out the purposes of this section. Any
  such agreement shall contain terms limiting the interest rate and other
  fees which the intermediary may charge on a loan to a community based
  organization under this subsection.
  (b) LOANS TO COMMUNITY BASED ORGANIZATIONS-
  (1) APPLICATIONS- An application of a community based organization for a
  loan under subsection (a) shall be in such form as the Administrator may
  require and shall contain--
  (A) a description of the organization's ability to conduct a lending and
  technical assistance program under this section;
  (B) a description of the geographic area in which the organization plans
  to conduct such a program and the average household income of the residents
  of the area; and
  (C) such other information as the Administrator may require.
  (2) LENDING AGREEMENT- Before making a loan to a community based organization
  under subsection (a), the Administrator shall enter into an agreement with
  the organization under which the organization shall agree to the following:
  (A) USE OF LOAN- To use all amounts of the loan to carry out a program
  for making loans to microenterprises in accordance with subsection (c).
  (B) PAYMENTS- To make payments on the loan in accordance with a schedule
  contained in the agreement.
  (C) TECHNICAL ASSISTANCE- To carry out a technical assistance program in
  accordance with subsection (d).
  (D) REPORTS- To transmit to the Administrator, on or before the last day
  of each of the first 6 fiscal years beginning after the date of the loan,
  an annual report containing a description of (i) the use of the loan funds
  by the organization, (ii) the technical assistance program conducted by
  the organization pursuant to subsection (d), and (iii) the progress made
  by microenterprises receiving financial and technical assistance from the
  organization under this section.
  (3) MAXIMUM AMOUNT- The amount of funds received by a community based
  organization in loans under subsection (a) may not exceed $100,000 in any
  fiscal year.
  (4) TERM AND INTEREST RATE- A loan made to a community based organization
  under subsection (a) shall be for a term, including renewals, of not to
  exceed 10 years beginning on the date of the loan and shall bear interest
  at an annual rate of 2 percent.
  (c) LOANS TO MICROENTERPRISES-
  (1) IN GENERAL- Funds received by a community based organization in loans
  under subsection (a) shall be used by the organization to carry out a program
  for making loans to microenterprises in accordance with this subsection.
  (2) LENDING AGREEMENT- Before making a loan to a microenterprise under
  such a program, a community development organization shall enter into an
  agreement with the microenterprise under which the microenterprise shall
  agree to the following:
  (A) USE OF LOAN- To use all amounts of the loan in accordance with criteria
  contained in the agreement.
  (B) PAYMENTS- To make payments on the loan in accordance with a schedule
  contained in the agreement.
  (C) TECHNICAL ASSISTANCE- To participate, both before and after the date of
  the loan, in a technical assistance program carried out by the organization
  pursuant to subsection (d).
  (3) MAXIMUM AMOUNT- The total amount received by a microenterprise in
  loans under such a program shall not exceed $10,000.
  (4) TERM AND INTEREST RATE- Loans made to a microenterprise under such a
  program shall be for a term, including renewals, of not to exceed 10 years
  beginning on the date of the loan and shall bear interest at a rate equal
  to the current average market yield for similar loans made by banks and
  other financial institutions (adjusted to the nearest one-eighth of one
  percent), as determined by the Administrator.
  (d) GRANTS TO COMMUNITY BASED ORGANIZATIONS-
  (1) IN GENERAL- Except as provided in paragraph (3), a community based
  organization which receives a loan under subsection (a) shall also receive
  a grant under subsection (a) on the date of the loan and in each of the
  4 succeeding fiscal years.
  (2) USE OF GRANTS- Funds received by a community based organization in
  grants under subsection (a) shall be used by the organization to carry out
  a program for providing technical assistance to microenterprises receiving
  loans from the organization under subsection (c). Such a program may include
  assistance for (A) remediation of basic mathematics, language, and writing
  skills, (B) personal development, and (C) the assessment, development,
  marketing, finance, sales, and business planning of the microenterprise.
  (3) WITHHOLDING OF GRANT AMOUNTS- The Administrator may withhold the award
  of a grant to a community based organization under paragraph (1) if the
  Administrator determines that the organization has violated a condition
  for receipt of a loan or grant under subsection (a).
  (4) MAXIMUM AMOUNT- The total amount of grants made to a community based
  organization under subsection (a) may not exceed $100,000 in any fiscal year.
SEC. 223. REPORTS.
  (a) INTERIM REPORT- Not later than 3 years after the date of the enactment
  of this Act, the Administrator shall transmit to Congress an interim report
  on the results of programs carried out pursuant to this subtitle.
  (b) FINAL REPORT- Not later than 6 1/2  years after the date of the enactment
  of this Act, the Administrator shall transmit to Congress a final report on
  the results of programs carried out pursuant to this subtitle, including
  recommendations on whether or not to provide for the continuation of
  such programs.
SEC. 224. AUTHORIZATION OF APPROPRIATIONS.
  There is authorized to be appropriated for each of the first 5 fiscal
  years beginning after the date of the enactment of this Act $20,000,000
  per fiscal year for making loans under subsection (a) and $20,000,000 per
  fiscal year for making grants under subsection (a).
SEC. 225. DEFINITIONS.
  For the purposes of this subtitle, the following definitions apply:
  (1) ADMINISTRATOR- The term `Administrator' means the Administrator of
  the Small Business Administration.
  (2) COMMUNITY BASED ORGANIZATION- The term `community based organization'
  means an entity which has demonstrated an ability to provide loans and
  technical assistance to microenterprises on a nonprofit basis for the benefit
  of the low income residents of the community in which the entity is located.
  (3) FINANCIAL INTERMEDIARY- The term `financial intermediary' means a
  nonprofit entity organized for the purpose of improving the availability
  to community based organizations of capital for making loans to
  microenterprises.
  (4) MICROENTERPRISE- The term `microenterprise' means a small business
  concern--
  (A) which employs 5 or fewer full-time equivalent employees, one or more
  of whom own the concern; and
  (B) none of the owners of which has a current household income exceeding 200
  percent of the most recent poverty threshold established by the Department
  of Commerce for the relevant family size.
  (5) UNITED STATES- The term `United States' means each of the 50 States, the
  District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands,
  Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.
Subtitle C--Women's Business Procurement Assistance Act of 1991
SEC. 231. SHORT TITLE.
  This subtitle may be cited as the `Women's Business Procurement Assistance
  Act of 1991'.
SEC. 232. GOAL SETTING.
  Section 15(g) of the Small Business Act (15 U.S.C. 644(g)) is amended--
  (1) in paragraph (1) by inserting `, small business concerns owned and
  controlled by women,' after `small business concerns' the first place
  it appears in the first sentence and the first place it appears in the
  fourth sentence;
  (2) in the first sentence of paragraph (2) by inserting `by small business
  concerns owned and controlled by women,' after `small business concerns,';
  (3) in the second sentence of paragraph (2) by inserting `, small business
  concerns owned and controlled by women,' after `small business concerns'
  the first place it appears; and
  (4) in the fourth sentence of paragraph (2) by inserting `small business
  concerns owned and controlled by women and' after `including participation
  by'.
SEC. 233. REPORTING.
  Section 15(h) of the Small Business Act (15 U.S.C. 644(h)) is amended--
  (1) by inserting `, small business concerns owned and controlled by women,'
  after `small business concerns' the first place it appears in paragraph
  (1), the first place it appears in paragraph (2)(A), and the first place
  it appears in paragraph (2)(D);
  (2) in paragraph (1) by inserting `and subcontracts' after `contracts';
  (3) by adding at the end of paragraph (1) the following new sentence:
  `The Administration shall submit to the Committee on Small Business
  of the Senate and the Committee on Small Business of the House of
  Representatives information obtained from such reports, together with
  appropriate comments.'; and
  (4) in paragraph (2)(F) by striking `women-owned small business enterprises'
  and inserting `small business concerns owned and controlled by women'.
SEC. 234. SUBCONTRACTING.
  (a) STATEMENT OF POLICY- Section 8(d)(1) of the Small Business Act (15
  U.S.C. 637(d)(1)) is amended--
  (1) in the first sentence by inserting `small business concerns owned and
  controlled by women,' after `small business concerns,'; and
  (2) in the second sentence by inserting `, small business concerns owned
  and controlled by women,' after `small business concerns' the first place
  it appears.
  (b) CONTRACT CLAUSE- The contract clause specified in section 8(d)(3)
  of the Small Business Act (15 U.S.C. 637(d)(3)) is amended as follows:
  (1) Subparagraph (A) of such clause is amended by inserting `, small
  business concerns owned and controlled by women,' after `small business
  concerns' the first place it appears in the first sentence and the first
  place it appears in the second sentence.
  (2) Subparagraph (C) of such clause is amended to read as follows:
  `(C)(i) As used in this contract, the term `small business concern' means
  a small business concern as defined pursuant to section 3 of the Small
  Business Act and relevant regulations promulgated pursuant thereto.
  `(ii) As used in this contract, the term `small business concern owned
  and controlled by socially and economically disadvantaged individuals'
  means a small business concern--
  `(I) which is at least 51 percent owned by one or more socially and
  economically disadvantaged individuals; or, in the case of any publicly
  owned business, at least 51 percent of the stock of which is owned by one
  or more socially and economically disadvantaged individuals; and
  `(II) whose management and daily business operations are controlled by
  one or more of such individuals.
The contractor shall presume that socially and economically disadvantaged
include Black Americans, Hispanic Americans, Native Americans, Asian
Pacific Americans, and other minorities, or any other individual found to
be disadvantaged by the Administration pursuant to section 8(a) of the Small
Business Act.
  `(iii) As used in this contract, the term `small business concern owned
  and controlled by women' means a small business concern--
  `(I) which is at least 51 percent owned by one or more women; or, in the
  case of any publicly owned business, at least 51 percent of the stock of
  which is owned by one or more women; and
  `(II) whose management and daily business operations are controlled by
  such women.
The contractor shall presume that women have been subjected to gender based
discrimination and may determine whether a small business concern meets the
percentage requirements under subclause (I) without regard to the community
property laws of any jurisdiction.'.
  (c) CONFORMING AMENDMENTS- Section 8(d) of the Small Business Act (15
  U.S.C. 637(d)) is amended by inserting `, small business concerns owned
  and controlled by women,' after `small business concerns' the first place
  it appears in paragraphs (3)(D), (4)(D), (4)(E), (6)(A), (6)(C), (6)(F),
  (10)(B), and (11).
  (d) EXCLUSION- No business concern shall be deemed eligible for any contract
  or other assistance pursuant to section 1207 of Public Law 99-661 due
  solely to the provisions of this section.
SEC. 235. WOMEN-IN-BUSINESS SPECIALISTS.
  Section 15(k) of the Small Business Act (15 U.S.C. 644(k)) is amended--
  (1) by striking `and' at the end of paragraph (8);
  (2) by striking the period at the end of paragraph (9) and inserting `;
  and'; and
  (3) by inserting after paragraph (9) the following new paragraph:
  `(10) designate an employee of such office to be a women-in-business
  specialist responsible for the implementation and execution of programs
  designed to assist small business concerns owned and controlled by women.'.
SEC. 236. OUTREACH.
  Section 15 of the Small Business Act (15 U.S.C. 644) is amended by adding
  at the end the following new subsection:
  `(p) Each Federal agency having procurement powers shall engage in
  affirmative efforts to identify and solicit offers from small business
  concerns owned and controlled by women and small business concerns owned
  and controlled by socially and economically disadvantaged individuals. To
  the maximum extent practicable, a representative number of such concerns
  shall receive solicitation packages for each proposed acquisition for
  which such concerns may be eligible to compete.'.
SEC. 237. ESTABLISHMENT OF THE OFFICE OF WOMEN'S BUSINESS OWNERSHIP.
  The Small Business Act (15 U.S.C. 631 et seq.) is amended by adding at
  the end the following new section:
`SEC. 28. OFFICE OF WOMEN'S BUSINESS OWNERSHIP.
  `(a) ESTABLISHMENT- There is established in the Small Business Administration
  the Office of Women's Business Ownership (hereinafter in this section
  referred to as the `Office').
  `(b) DIRECTOR- The Director of the Office (hereinafter in this section
  referred to as the `Director') shall be appointed by the Administrator
  not later than 60 days after the date of the enactment of this section.
  `(c) FUNCTIONS- The Director shall perform the following functions:
  `(1) Promote, coordinate, and monitor the plans, programs, and operations of
  Federal departments and agencies which may contribute to the establishment,
  preservation, and strengthening of small business concerns owned and
  controlled by women. The Director may, as appropriate, develop comprehensive
  interagency plans and specific program goals for small business concerns
  owned and controlled by women with the cooperation of the departments
  and agencies.
  `(2) Establish policies, definitions, procedures, and guidelines to govern
  the implementation, interpretation, and application of this section, and
  generally perform such functions and take such steps as the Director may
  consider to be necessary or appropriate to carry out this section.
  `(3) Promote the mobilization of activities and resources of State and
  local governments, business and trade associations, private industry,
  colleges and universities, foundations, professional organizations, and
  volunteer and other groups toward the growth of small business concerns
  owned and controlled by women, and facilitate the coordination of the
  efforts of such groups with those of Federal departments and agencies.
  `(4) Make an annual assessment of the progress made in the Federal Government
  toward assisting small business concerns owned and controlled by women
  to enter the mainstream of business ownership and provide recommendations
  for future actions to the Administrator.
  `(5) Convene and consult (as necessary) with persons inside and outside
  government to develop and promote new ideas concerning the development of
  small business concerns owned and controlled by women.
  `(6) Consider the findings and recommendations of government and private
  sector investigations and studies of the problems of women entrepreneurs,
  and promote further research into such problems.
  `(7) Monitor the contracting and subcontracting performance of each
  department, agency, and business enterprise participating under this section.
  `(8) Promote access and participation for small business concerns owned and
  controlled by women to a fair proportion of the broad array of purchases
  and contracts for property and services for the Federal Government.'.
Subtitle D--Equal Surety Bond Opportunity Act
SEC. 241. SHORT TITLE.
  This subtitle may be cited as the `Equal Surety Bond Opportunity Act'.
SEC. 242. EQUAL SURETY BOND OPPORTUNITY REQUIREMENTS.
  (a) ACTIVITIES CONSTITUTING DISCRIMINATION- It shall be unlawful for any
  surety to discriminate against any applicant, with respect to any aspect
  of a surety bond transaction--
  (1) on the basis of race, color, religion, national origin, sex, marital
  status, or age (if the applicant has the capacity to contract);
  (2) because the applicant has in good faith exercised any right under
  this subtitle;
  (3) because the applicant previously obtained a bond through an individual
  or personal surety; or
  (4) because the applicant previously obtained a bond through--
  (A) any bonding assistance program expressly authorized by law;
  (B) any bonding assistance program administered by a nonprofit organization
  for its members or an economically disadvantaged class of persons; or
  (C) any special purpose bonding program offered by a profitmaking
  organization to meet special needs.
  (b) ACTIVITIES NOT CONSTITUTING DISCRIMINATION- It shall not constitute
  discrimination for purposes of this subtitle for a surety--
  (1) to make an inquiry of marital status if such inquiry is for the purpose
  of ascertaining the surety's rights and remedies applicable to the granting
  of a bond and not to discriminate in a determination of bondability;
  (2) to make an inquiry of the applicant's age if such inquiry is for the
  purpose of determining the amount and probable continuance of bondability; or
  (3) to make an inquiry as to where the applicant has previously obtained
  a bond, in order to determine bonding history, or other pertinent element
  of bondability, except that an applicant may not be assigned a negative
  factor or value because it previously obtained a bond through--
  (A) an individual or personal surety;
  (B) a bonding assistance program expressly authorized by law;
  (C) any bonding program administered by a nonprofit organization for its
  members or an economically disadvantaged class of persons; or
  (D) any special purpose bonding program offered by a profitmaking
  organization to meet special needs.
  (c) ADDITIONAL ACTIVITIES NOT CONSTITUTING DISCRIMINATION- It is not
  a violation of this subtitle for a surety to refuse to issue a bond
  pursuant to--
  (1) any bonding assistance program authorized by law for an economically
  disadvantaged class of persons;
  (2) any bonding assistance program administered by a nonprofit organization
  for its members or an economically disadvantaged class of persons; or
  (3) any special purpose bonding program offered by a profitmaking
  organization to meet special needs;
if such refusal is required by or made pursuant to such program.
  (d) REASONS FOR ADVERSE ACTION; PROCEDURE APPLICABLE; DEFINITION-
  (1) NOTICE REQUIRED- Within 30 days after receipt of a completed application
  for a bond, any surety under section 9304 of title 31, United States Code,
  shall notify the applicant of its action on the application.
  (2) STATEMENT OF REASONS-
  (A) IN GENERAL- Each applicant against whom adverse action is taken shall
  be entitled to a statement of reasons for such action from the surety.
  (B) ACCEPTABLE FORMS OF STATEMENT- A surety satisfies the requirement
  established under subparagraph (A) by--
  (i) providing a statement of reasons in writing as a matter of course to
  applicants against whom adverse action is taken; or
  (ii) giving written notification of adverse action which discloses--
  (I) the applicant's right to a statement of reasons within 30 days
  after receipt by the surety of a request made within 60 days after such
  notification; and
  (II) the identity of the person or office from which such statement may
  be obtained.
  (C) ORAL STATEMENT PERMITTED- Such statement may be given orally if the
  written notification advises the applicant of the applicant's right to
  have the statement of reasons confirmed in writing on written request.
  (3) SPECIFICITY OF REASONS- A statement of reasons meets the requirements
  of this subtitle only if it contains specific reasons for the adverse
  action taken.
  (4) APPLICABILITY IN CASE OF 3D PARTY APPLICATIONS- In the case of a request
  to a surety by a third party to issue a bond directly or indirectly to
  an applicant, the notification and statement of reasons required by this
  section may be made directly by such surety, or indirectly through the
  third party, if the identity of the surety is disclosed to the applicant.
  (5) APPLICABILITY IN CASE OF SURETIES WHICH ACCEPT FEW APPLICATIONS-
  The requirements of paragraph (2), (3), or (4) may be satisfied by verbal
  statements or notifications in the case of any surety who did not act on
  more than 100 applications during the calendar year in which the adverse
  action is taken.
  (e) ADVERSE ACTION DEFINED- For purposes of this subtitle, the term
  `adverse action'--
  (1) means a denial of a bond, a change in the terms of an existing bonding
  arrangement, or a refusal to issue a bond in the amount or on substantially
  the terms requested; and
  (2) does not include any refusal to issue an additional bond under an
  existing bonding arrangement where the applicant is in default, or where
  such additional bond would exceed a previously established bonding limit.
SEC. 243. CIVIL LIABILITY.
  (a) DAMAGES- Any surety who fails to comply with section 242(a) shall be
  liable to the aggrieved applicant for--
  (1) any actual damage sustained by such applicant (individually or as a
  member of a class); and
  (2) in addition to any actual damages under paragraph (1), an amount equal
  to 2 times the amount of such damages.
  (b) FACTORS TO BE CONSIDERED- In determining the amount of any damages
  under subsection (a)(2), the factors considered by the court shall include--
  (1) the amount of any actual damages awarded under subsection (a)(1);
  (2) the frequency and persistence of the failures by the surety to comply
  with the requirements of this subtitle;
  (3) the number of persons adversely affected by the failure of the surety
  to comply with such requirements; and
  (4) the extent to which such failure was intentional.
  (c) EQUITABLE RELIEF- Upon application by an aggrieved applicant, a
  court of competent jurisdiction may enjoin a surety from violating the
  requirements of this subtitle or grant such other equitable relief as the
  court determines to be appropriate to enforce such requirements.
  (d) JURISDICTION- Any action under this section may be brought in any United
  States district court, or in any other court of competent jurisdiction,
  within 1 year after the date of the occurrence of the violation involved.
  (e) RECOVERY OF COSTS OF SUCCESSFUL ACTION- In the case of any successful
  action under this section, the costs of the action, together with reasonable
  attorney's fees as determined by the court, shall be imposed on any losing
  party to the action.
SEC. 244. ADMINISTRATIVE ENFORCEMENT.
  (a) IN GENERAL- A company may not be approved as a surety by the Secretary
  of the Treasury under section 9304 of title 31, United States Code,
  or provide any surety bond pursuant to such section unless such company
  maintains full compliance with the requirements of this subtitle.
  (b) REQUIREMENTS RELATING TO ENFORCEABILITY OF ACT-
  (1) SIGNED STATEMENT OF COMPLIANCE WITH APPLICATION- Section 9305(a)
  of title 31, United States Code, is amended--
  (A) by striking `and' at the end of paragraph (1);
  (B) by striking the period at the end of paragraph (2) and inserting `;
  and'; and
  (C) by adding at the end the following new paragraph:
  `(3) a statement of compliance with the Equal Surety Bond Opportunity Act
  which is signed under penalty of perjury by the president and the secretary
  of the corporation.'.
  (2) COMPLIANCE AS A CONDITION FOR APPROVAL OF APPLICATION- Section 9305(b)
  of title 31, United States Code, is amended--
  (A) by striking `and' at the end of paragraph (2);
  (B) by striking the period at the end of paragraph (3) and inserting `;
  and'; and
  (C) by adding at the end the following new paragraph:
  `(4) the corporation is in full compliance with the Equal Surety Bond
  Opportunity Act.'.
  (3) SIGNED STATEMENT OF COMPLIANCE WITH QUARTERLY REPORTS- Section 9305(c)
  of title 31, United States Code, is amended by inserting `and a statement
  of compliance with the Equal Surety Bond Opportunity Act' before the period.
  (4) ENFORCEMENT AUTHORITY OF SECRETARY OF THE TREASURY- Section 9305(d)
  of title 31, United States Code, is amended--
  (A) in paragraph (1), by inserting `or the provisions of the Equal Surety
  Bond Opportunity Act' before the semicolon;
  (B) by striking `and' at the end of paragraph (2);
  (C) by striking the period at the end of paragraph (3) and inserting `;
  and'; and
  (D) by adding at the end the following new paragraph:
  `(4) may, after the end of the 1-year period beginning on the effective
  date of any revocation under paragraph (1) of the authority of a surety
  corporation for noncompliance with the Equal Surety Bond Opportunity Act,
  reauthorize such corporation to provide surety bonds under section 9304.'.
  (5) REVOCATION FOR FAILURE TO PAY CERTAIN JUDGMENTS- Section 9305(e)
  of title 31, United States Code, is amended--
  (A) by striking `and' at the end of paragraph (1);
  (B) by redesignating paragraph (2) as paragraph (3); and
  (C) by inserting after paragraph (1) the following new paragraph:
  `(2) the corporation does not pay a final judgment or order against the
  corporation for noncompliance with the Equal Surety Bond Opportunity Act
  or fails to comply with any order under section 243(c) of such Act;'.
  (c) TECHNICAL AND CONFORMING AMENDMENT- Section 9304(a)(3) of title 31,
  United States Code, is amended by inserting `and section 244(a) of the
  Equal Surety Bond Opportunity Act' before the period.
  (d) REGULATIONS-
  (1) IN GENERAL- The Secretary of the Treasury shall prescribe such
  regulations as may be necessary to carry out the purposes of this subtitle.
  (2) INITIAL REGULATIONS- The initial regulations prescribed pursuant to
  paragraph (1) shall take effect at the earliest practicable date after
  the date of the enactment of this Act and not later than the end of the
  1-year period beginning on such date of enactment.
SEC. 245. EFFECTIVE DATE.
  Sections 242(d) and 244(a) shall take effect on the earlier of--
  (1) the effective date of the initial regulations prescribed pursuant to
  section 244(d); or
  (2) the end of the 1-year period beginning on the date of the enactment
  of this Act.
Subtitle E--Small Business Access to Surety Bonding Survey Act of 1991
SEC. 251. SHORT TITLE.
  This subtitle may be referred to as the `Small Business Access to Surety
  Bonding Survey Act of 1991'.
SEC. 252. SURVEY.
  (a) IN GENERAL- The Comptroller General shall conduct a comprehensive survey
  of business firms, including using a questionnaire described in subsection
  (b), to obtain data on the experiences of such firms, and especially the
  experiences of small business concerns, in obtaining surety bonds from
  corporate surety firms.
  (b) CONTENT OF SURVEY QUESTIONNAIRE- The questionnaire used by the
  Comptroller General to conduct the survey under subsection (a) shall include
  such questions as the Comptroller General considers appropriate. To ensure
  a comprehensive review, such questions shall include questions to obtain
  information from a business firm on--
  (1) the frequency with which the firm was requested to provide a corporate
  surety bond in fiscal year 1991;
  (2) whether the frequency with which the firm was requested to provide a
  corporate surety bond increased or decreased in fiscal years 1989, 1990,
  and 1991 and the reason for any increase or decrease, if known;
  (3) the frequency with which the firm provided a corporate surety bond in
  fiscal year 1991;
  (4) whether the frequency with which the firm provided a corporate surety
  bond increased or decreased in fiscal years 1989, 1990, and 1991 and the
  reason for any increase or decrease, if known;
  (5) the average size of corporate surety bonds provided by the firm in
  fiscal year 1991;
  (6) whether the average size of the corporate surety bonds provided by
  the firm increased or decreased in fiscal years 1989, 1990, and 1991 and
  the reason for any increase or decrease, if known;
  (7) the dollar amount of the largest corporate surety bond provided by
  the firm in fiscal year 1991;
  (8) whether the dollar amount of the largest corporate surety bond provided
  by the firm increased or decreased in fiscal years 1989, 1990, and 1991
  and the reason for any increase or decrease, if known;
  (9) the dollar amount of work performed by the firm by type of construction
  owner, including the Federal Government, State and local governments,
  other public entities, and private entities, in each of fiscal years 1989,
  1990, and 1991;
  (10) the dollar amount of such work bonded by a corporate surety company
  for the firm by type of construction owner, including construction owners
  referred to in paragraph (9), for each of fiscal years 1989, 1990, and 1991;
  (11) whether the firm purchased its corporate surety bonds through an
  insurance agent or directly from a surety company;
  (12) the means used by the firm to identify its source for the purchase
  of corporate surety bonds;
  (13) the average corporate surety bond premium (expressed as a percentage
  of contract amount) paid by the firm in fiscal year 1991;
  (14) any increase or decrease in the average corporate surety bond premium
  (expressed as a percentage of the contract amount) paid by the firm in
  fiscal years 1989, 1990, and 1991 and the reason for any increase or
  decrease, if known;
  (15) whether or not the underwriting requirements (including state of
  accounts receivable, financial procedures, need for personal indemnification,
  and requirements for collateral) changed in fiscal years 1989, 1990,
  and 1991;
  (16) the nature of any changes in underwriting requirements experienced
  by the firm in fiscal years 1989, 1990, and 1991 and the reason for any
  such changes, if known;
  (17) whether or not the source of surety bonds (a surety agent or company)
  provided reasons for such changes in underwriting requirements and whether
  these reasons were provided orally or in writing;
  (18) whether or not the bonding capacity (total dollar amount and number
  of bonds) for the firm changed in fiscal years 1989, 1990, and 1991;
  (19) whether or not the source of surety bonds (a surety agent or company)
  provided reasons for any changes in bonding capacity and whether these
  reasons were provided orally or in writing;
  (20) the services provided and advice given by the firm's source of
  corporate surety bonds in fiscal years 1989, 1990, and 1991;
  (21) whether or not the firm obtained a corporate surety bond with the
  assistance of a Federal program (such as the surety bond guarantee program
  of the Small Business Administration and the bonding assistance program
  of the Department of Transportation) or a State or local program in fiscal
  years 1989, 1990, and 1991;
  (22) whether or not the firm used any alternative to corporate surety bonds
  (such as individual surety bonds, letters of credit, certificates of deposit,
  and government securities) in fiscal years 1989, 1990, and 1991;
  (23) if the firm has not provided any corporate surety bonds in fiscal
  years 1989, 1990, and 1991, the reasons the firm has not done so;
  (24) the number of times the firm has had an application for a corporate
  surety bond denied in fiscal years 1989, 1990, and 1991, and the reason
  for any such denial, if known;
  (25) whether or not the proposed source for the corporate surety bond
  (a surety agent or company) provided the reasons for its denial of that
  application and whether that explanation was provided orally or in writing;
  (26) the length of time the firm has been in business;
  (27) the approximate annual sales volume of the firm in fiscal years 1989,
  1990, and 1991;
  (28) the net worth (total assets less total liabilities) of the firm at
  the close of the firm's most recent fiscal year;
  (29) the working capital (current assets less current liabilities) of the
  firm at the close of the firm's most recent fiscal year;
  (30) the average age of the firm's accounts receivable (the average number
  of days required to collect payments due);
  (31) whether the firm made a profit in fiscal years 1989, 1990, and 1991; and
  (32) the 4 digit standard industrial classification in which the firm
  performs the majority of its work.
  (c) FIRMS TO BE SURVEYED- The Comptroller General shall develop
  a statistically valid sample of business firms from the most recent
  list of construction firms maintained by the Dun and Bradstreet Company
  (identified as the `DUN Market Identifier' file) for which data regarding
  sales is available.
  (d) FISCAL YEAR DEFINED- For the purposes of this section, the term
  `fiscal year' means the fiscal year of the business firm being surveyed.
SEC. 253. REPORT.
  (a) IN GENERAL- Not later than 18 months after the date of the enactment of
  this Act, the Comptroller General shall conduct an assessment of the data
  obtained in the survey conducted pursuant to section 252 and submit to the
  Committees on Small Business of the Senate and House of Representatives
  a report on the results of such assessment.
  (b) CONTENT OF THE REPORT-
  (1) IN GENERAL- The report required by subsection (a) shall contain--
  (A) a summary of responses of business firms to the survey conducted
  pursuant to section 252; and
  (B) a description of any trends found by the Comptroller General in such
  responses.
  (2) INFORMATION ON SMALL BUSINESS CONCERNS- In presenting summaries
  of responses and descriptions of trends pursuant to paragraph (1), the
  Comptroller General shall provide specific information on the responses
  and trends of small business concerns, small business concerns owned and
  controlled by women, and small business concerns owned and controlled by
  socially and economically disadvantaged individuals.
TITLE III--ECONOMIC JUSTICE
Subtitle A--Pay Equity Technical Assistance Act
SEC. 301. SHORT TITLE.
  This subtitle may be cited as the `Pay Equity Technical Assistance Act'.
SEC. 302. STATEMENT OF PURPOSE.
  Recognizing that the identification and elimination of discriminatory
  wage-setting practices and discriminatory wage disparities is in the public
  interest, the purpose of this Act is to help eliminate such practices and
  disparities by--
  (1) providing for the development and utilization of techniques that will
  promote the establishment of wage rates based on the work performed and
  other appropriate factors, rather than the sex, race, or national origin
  of the employee; and
  (2) providing for the public dissemination of information relating to the
  techniques described in paragraph (1), thereby encouraging and stimulating
  public and private employers, through the use of such techniques, to
  correct wage-setting practices and eliminate wage disparities, to the extent
  that they are based on the sex, race, or national origin of the employee,
  rather than the work performed and other appropriate factors.
SEC. 303. PROGRAM SPECIFICATIONS.
  In order to carry out the purpose of this Act, the Secretary of Labor shall
  develop and carry out a continuing program under which, among other things,
  the Secretary shall--
  (1) develop and implement a program for the dissemination of information
  on efforts being made in the private and public sectors to reduce or
  eliminate wage disparities, to the extent that they are based on the sex,
  race, or national origin of the employee, rather than the work performed
  and other appropriate factors;
  (2) undertake and promote research into the development of techniques to
  reduce or eliminate wage disparities, to the extent that they are based
  on the sex, race, or national origin of the employee, rather than the work
  performed and other appropriate factors; and
  (3) develop and implement a program for providing appropriate technical
  assistance to any public or private entity requesting such assistance to
  correct wage-setting practices or to eliminate wage disparities, to the
  extent that they are based on the sex, race, or national origin of the
  employee, rather than the work performed and other appropriate factors.
SEC. 304. DEFINITION.
  For the purpose of this Act, the term `other appropriate factors' includes
  factors such as--
  (1) the skill, effort, responsibilities, and qualification requirements
  for the work involved, taken in their totality;
  (2) geographic location and working conditions; and
  (3) seniority, merit, productivity, education, and work experience.
Subtitle B--Legislative Pay Equity Study
SEC. 321. DECLARATION OF POLICY.
  The Congress is committed to the elimination of all forms of discrimination
  that adversely affect pay or working conditions of any employee because
  of the race, color, religion, sex, or national origin of the employee and
  it is the policy of the Congress that persons employed in the legislative
  branch shall receive equal pay in cases in which the work performed is
  comparable, as measured by the composite of skill, effort, responsibility,
  and working conditions normally required in the performance of the job.
SEC. 322. ESTABLISHMENT OF COMMISSION.
  (a) There is established the Commission on Employment Discrimination in
  the Legislative Branch (hereinafter in this subtitle referred to as the
  `Commission').
  (b) The Commission shall consist of thirteen members to be appointed for
  the life of the Commission as follows:
  (1) Four shall be Members of the House of Representatives, appointed by
  the Speaker, two upon recommendation of the majority leader and two upon
  recommendation of the minority leader.
  (2) Four shall be Senators, appointed by the President pro tempore, two
  upon recommendation of the majority leader and two upon recommendation of
  the minority leader.
  (3) Two shall be other than Members of Congress, appointed by the Speaker of
  the House and shall, to the extent practicable, be persons with expertise
  in job evaluation. One such member shall be appointed upon recommendation
  of the majority leader and one upon recommendation of the minority leader.
  (4) Two shall be other than Members of Congress, appointed by the President
  pro tempore of the Senate and shall, to the extent practicable, be persons
  with expertise in job evaluation. One such member shall be appointed upon
  recommendation of the majority leader and one shall be appointed upon
  recommendation of the minority leader.
  (5) One shall be appointed by the Speaker of the House and the President
  pro tempore of the Senate, acting jointly, upon recommendation of the
  members appointed under paragraphs (1) through (4) of this subsection.
  (c)(1) Of the members of the Commission appointed under paragraph (3)
  of subsection (b)--
  (A) one shall be a member of one of the two largest labor unions at the
  Library of Congress; and
  (B) one shall be a manager at the Library of Congress.
  (2) Of the members of the Commission appointed under paragraph (4) of
  subsection (b)--
  (A) one shall be a member of one of the two largest labor unions at the
  Library of Congress; and
  (B) one shall be a manager at the Library of Congress.
  (3) The member appointed under paragraph (1)(A) shall not be from the same
  labor union as the member appointed under paragraph (2)(A).
  (d) The person making an appointment may remove a member of the Commission
  for neglect of duty or malfeasance in office.
  (e) A vacancy in the Commission shall be filled in the manner in which
  the original appointment is made.
  (f) The Commission shall elect a chairman and a vice chairman from among
  its members. The chairman and vice chairman shall not be of the same
  political party.
  (g) Seven members of the Commission shall constitute a quorum for the
  transaction of business, but the Commission may establish a lesser number
  for holding hearings, taking testimony, and receiving evidence.
  (h) Members shall be appointed and the Commission shall commence operation
  not later than 4 weeks after the date on which this subtitle is agreed to.
SEC. 323. FUNCTIONS OF COMMISSION.
  (a) The Commission shall--
  (1) employ a nongovernmental consultant with expertise in job evaluation
  to study and compare the compensation paid within and between job
  classifications in the Library of Congress and to analyze personnel policies
  and practices in the Library of Congress;
  (2) evaluate the compensation system and personnel policies and practices
  in the Library of Congress for compliance with title VII of the Civil
  Rights Act of 1964 and make specific recommendations (other than any
  recommendation that, if implemented, would result in a reduction in the
  rate of pay payable for any position) to the Congress for such action as
  may be necessary to achieve that compliance;
  (3) develop a comprehensive plan for application of the principles of title
  VII of the Civil Rights Act of 1964 throughout the legislative branch; and
  (4) make specific recommendations (other than any recommendation that,
  if implemented, would result in a reduction in the rate of pay payable
  for any position) to the Congress for improvement of personnel policies
  and practices in the legislative branch that may be necessary to carry
  out the policy declared in section 331 of this subtitle.
  (b) In carrying out the requirements of paragraph (1) of subsection (a),
  the consultant employed under such paragraph shall use standard objective
  job-evaluation techniques, to determine whether the compensation system
  at the Library of Congress is in compliance with the policy objectives in
  section 331.
SEC. 324. STAFF OF COMMISSION.
  (a) The Commission shall have a Staff Director who shall be appointed by
  the Chairman and who shall be paid not more than the maximum annual rate
  of basic pay payable for grade GS-18 of the General Schedule, under section
  5332 of title 5, United States Code.
  (b) With the approval of the Commission, the Chairman may appoint, terminate,
  and fix the pay of additional staff. No person so appointed may be paid
  more than the annual rate of basic pay payable for grade GS-15 of the
  General Schedule, under section 5332 of title 5, United States Code.
SEC. 325. COMPENSATION OF MEMBERS.
  (a) A member of the Commission who is a Member of Congress or a full-time
  officer or employee of the United States shall receive no additional pay
  by reason of service on the Commission.
  (b) Any other member of the Commission shall be paid at a rate equal
  to the daily equivalent of the maximum annual rate of basic pay payable
  for grade GS-18 of the General Schedule, under section 5332 of title 5,
  United States Code, for each day, (including travel time) such member is
  engaged in the performance of duties of the Commission.
SEC. 326. POWERS OF COMMISSION.
  The Commission may hold hearings, take testimony, receive evidence,
  administer oaths or affirmations to witnesses appearing before it, and
  authorize any member or agent of the Commission to exercise such powers.
SEC. 327. REPORTS AND TERMINATION OF COMMISSION.
  The Commission may submit interim reports to the Congress and shall submit
  a final report to the Congress not later than 18 months after the date on
  which this subtitle is agreed to. The Commission shall cease to exist 30
  days after submitting the final report.
SEC. 328. ADMINISTRATIVE PROVISIONS.
  (a) There shall be paid from the contingent fund of the House of
  Representatives and the contingent fund of the Senate such sums as may
  be necessary to carry out this subtitle. One-half of the total of such
  sums shall be paid from each such fund. Payment shall be upon vouchers
  submitted by the Chairman of the Commission and approved by the Committee
  on House Administration of the House of Representatives or the Committee
  on Rules and Administration of the Senate, as appropriate.
  (b) Members of the Commission (other than Members of Congress) and the staff
  of the Commission shall be treated as detailed employees, or as temporary
  or intermittent employees of the House or of the Senate, as appropriate.
  (c) The Committee on House Administration of the House of Representatives
  and the Committee on Rules and Administration of the Senate, acting
  jointly, shall prescribe such regulations as may be necessary to carry
  out this subtitle. Employment of experts and consultants, travel,
  procurement of support services, procedures for securing information,
  and other administrative matters with respect to the Commission shall be
  in accordance with such regulations.
Subtitle C--Part-Time and Temporary Workers Protection Act
SEC. 331. PROTECTION OF PART-TIME AND TEMPORARY WORKERS.
  (a) TREATMENT OF EMPLOYEES WORKING AT LESS THAN FULL-TIME UNDER
  PARTICIPATION, VESTING, AND ACCRUAL RULES GOVERNING PENSION PLANS-
  (1) Participation rules-
  (A) IN GENERAL- Section 202(a)(3) of the Employee Retirement Income
  Security Act of 1974 (29 U.S.C. 1052(a)(3)) is amended by adding at the
  end the following new subparagraph:
  `(E)(i) For purposes of this paragraph, in the case of any employee who,
  as of the beginning of the 12-month period referred to in subparagraph (A)--
  `(I) has customarily completed 500 or more hours of service per year but
  less than 1,000 hours of service per year, or
  `(II) is employed in a type of position in which employment customarily
  constitutes 500 or more hours of service per year but less than 1,000
  hours of service per year,
completion of 500 hours of service within such 12-month period shall be
treated as completion of 1,000 hours of service.
  `(ii) For purposes of this subparagraph, the extent to which employment
  in any type of position customarily constitutes less than 1,000 hours of
  service per year shall be determined with respect to each pension plan in
  accordance with such regulations as the Secretary may prescribe providing
  for consideration of facts and circumstances peculiar to the work-force
  constituting the participants in such plan.'.
  (B) CONFORMING AMENDMENT- Section 204(b)(1)(E) of such Act (29
  U.S.C. 1054(b)(1)(E)) is amended by striking `section 202(a)(3)(A)' and
  inserting `subparagraphs (A) and (E) of section 202(a)(3)'.
  (2) VESTING RULES-
  (B) IN GENERAL- Section 203(b)(2) of such Act (29 U.S.C. 1053(b)(2))
  is amended by adding at the end the following new subparagraph:
  `(E)(i) For purposes of this paragraph, in the case of any employee who,
  as of the beginning of the period designated by the plan pursuant to
  subparagraph (A)--
  `(I) has customarily completed 500 or more hours of service per year but
  less than 1,000 hours of service per year, or
  `(II) is employed in a type of position in which employment customarily
  constitutes 500 or more hours of service per year but less than 1,000
  hours of service per year,
completion of 500 hours of service within such period shall be treated as
completion of 1,000 hours of service.
  `(ii) For purposes of this subparagraph, the extent to which employment
  in any type of position customarily constitutes less than 1,000 hours of
  service per year shall be determined with respect to each pension plan in
  accordance with such regulations as the Secretary may prescribe providing
  for consideration of facts and circumstances peculiar to the work-force
  constituting the participants in such plan.'.
  (B) 1-YEAR BREAKS IN SERVICE- Section 203(b)(3) of such Act (29
  U.S.C. 1053(b)(3)) is amended by adding at the end the following new
  subparagraph:
  `(F)(i) For purposes of this paragraph, in the case of any employee who,
  as of the beginning of the period designated by the plan pursuant to
  subparagraph (A)--
  `(I) has customarily completed 500 or more hours of service per year but
  less than 1,000 hours of service per year, or
  `(II) is employed in a type of position in which employment customarily
  constitutes 500 or more hours of service per year but less than 1,000
  hours of service per year,
completion of 250 hours of service within such period shall be treated as
completion of 500 hours of service.
  `(ii) For purposes of this subparagraph, the extent to which employment
  in any type of position customarily constitutes less than 1,000 hours of
  service per year shall be determined with respect to each pension plan in
  accordance with such regulations as the Secretary may prescribe providing
  for consideration of facts and circumstances peculiar to the work-force
  constituting the participants in such plan.'.
  (3) ACCRUAL RULES- Section 204(b)(4)(C) of such Act (29 U.S.C. 1054(b)(4)(C))
  is amended--
  (A) by inserting `(i)' after `(C)'; and
  (B) by adding at the end the following new clauses:
  `(ii) For purposes of this subparagraph, in the case of any employee who,
  as of the beginning of the period designated by the plan pursuant to clause
  (i)--
  `(I) has customarily completed 500 or more hours of service per year but
  less than 1,000 hours of service per year, or
  `(II) is employed in a type of position in which employment customarily
  constitutes 500 or more hours of service per year but less than 1,000
  hours of service per year,
completion of 500 hours of service within such period shall be treated as
completion of 1,000 hours of service.
  `(iii) For purposes of clause (ii), the extent to which employment in
  any type of position customarily constitutes less than 1,000 hours of
  service per year shall be determined with respect to each pension plan in
  accordance with such regulations as the Secretary may prescribe providing
  for consideration of facts and circumstances peculiar to the work-force
  constituting the participants in such plan.'.
  (b) Treatment of Employees Working at Less Than Full-Time Under Group
  Health Plans.
  (1) IN GENERAL- Part 2 of subtitle B of title I of such Act is amended--
  (A) by redesignating section 211 (29 U.S.C. 1061) as section 212; and
  (B) by inserting after section 210 (29 U.S.C. 1060) the following new
  section:
`TREATMENT OF PART-TIME WORKERS UNDER GROUP HEALTH PLANS
  `SEC. 211. (a) IN GENERAL- A reduction in the employer-provided premium
  under a group health plan with respect to any employee for any period of
  coverage solely because the employee's customary employment is less than
  full-time may be provided under such plan only if the employee is described
  in subsection (b) and only to the extent permitted under subsection (c).
  `(b) REDUCTIONS APPLICABLE TO EMPLOYEES WORKING LESS THAN FULL-TIME-
  `(1) IN GENERAL- An employee is described in this subsection if such
  employee, as of the beginning of the period of coverage referred to in
  subsection (a)--
  `(A) has customarily completed less than 30 hours of service per week, or
  `(B) is employed in a type of position in which employment customarily
  constitutes less than 30 hours of service per week.
  `(2) REGULATIONS- For purposes of paragraph (1), whether employment in any
  type of position customarily constitutes less than 30 hours of service
  per week shall be determined with respect to each group health plan in
  accordance with such regulations as the Secretary may prescribe providing
  for consideration of facts and circumstances peculiar to the work-force
  constituting the participants in such plan.
  `(c) AMOUNT OF PERMISSIBLE REDUCTION- The employer-provided premium under a
  group health plan with respect to any employee for any period of coverage,
  after the reduction permitted under subsection (a), shall not be less than
  a ratable portion of the employer-provided premium which would be provided
  under such plan for such period of coverage with respect to an employee
  who completes 30 hours of service per week.
  `(d) DEFINITIONS- For purposes of this section--
  `(1) GROUP HEALTH PLAN- The term `group health plan' has the meaning
  provided such term in section 607(1).
  `(2) EMPLOYER-PROVIDED PREMIUM-
  `(A) IN GENERAL- The term `employer-provided premium' under a plan for any
  period of coverage means the portion of the applicable premium under the
  plan for such period of coverage which is attributable under the plan to
  employer contributions.
  `(B) APPLICABLE PREMIUM- For purposes of subparagraph (A), in determining
  the applicable premium of a group health plan, principles similar to the
  principles applicable under section 604 shall apply.'.
  (2) CONFORMING AMENDMENTS-
  (A) Section 201(1) of such Act (29 U.S.C. 1051(1)) is amended by inserting
  `, except with respect to section 211' before the semicolon.
  (B) The table of contents in section 1 of such Act is amended by striking
  the item relating to section 211 and inserting the following new items:
`Sec. 211. Treatment of part-time workers under group health plans.
`Sec. 212. Effective date.'.
  (c) EXPANSION OF DEFINITION OF EMPLOYEE TO INCLUDE CERTAIN INDIVIDUALS
  WHOSE SERVICES ARE LEASED OR CONTRACTED FOR- Paragraph (6) of section 3
  of such Act (29 U.S.C. 1002(6)) is amended--
  (1) by inserting `(A)' after `(6)'; and
  (2) by adding at the end the following new subparagraph:
  `(B) Such term includes, with respect to any employer, any person who is
  not an employee (within the meaning of subparagraph (A)) of such employer
  and who provides services to such employer, if--
  `(i) such person has (pursuant to an agreement with such employer or any
  other person) performed such services for such employer (or for such
  employer and related persons (within the meaning of section 144(a)(3)
  of the Internal Revenue Code of 1986)) for a period of at least 1 year
  (6 months in the case of core health benefits) at the rate of at least
  500 hours of service per year, and
  `(ii) such services are of a type historically performed, in the business
  field of the employer, by employees (within the meaning of subparagraph
  (A)).'.
  (d) Effective Dates.
  (1) IN GENERAL- Except as provided in paragraph (2), the amendments made
  by this section shall apply with respect to plan years beginning on or
  after January 1, 1992.
  (2) SPECIAL RULE FOR COLLECTIVELY BARGAINED PLANS- In the case of a plan
  maintained pursuant to 1 or more collective bargaining agreements between
  employee representatives and 1 or more employers ratified on or before
  the date of the enactment of this Act, paragraph (1) shall be applied to
  benefits pursuant to, and individuals covered by, any such agreement by
  substituting for `January 1, 1992' the date of the commencement of the
  first plan year beginning on or after the earlier of--
  (A) the later of--
  (i) January 1, 1992, or
  (ii) the date on which the last of such collective bargaining agreements
  terminates (determined without regard to any extension thereof after the
  date of the enactment of this Act), or
  (B) January 1, 1994.
  (3) PLAN AMENDMENTS- If any amendment made by this section requires an
  amendment to any plan, such plan amendment shall not be required to be
  made before the first plan year beginning on or after January 1, 1993, if--
  (A) during the period after such amendment made by this section takes effect
  and before such first plan year, the plan is operated in accordance with
  the requirements of such amendment made by this section, and
  (B) such plan amendment applies retroactively to the period after such
  amendment made by this section takes effect and such first plan year.
A plan shall not be treated as failing to provide definitely determinable
benefits or contributions, or to be operated in accordance with the provisions
of the plan, merely because it operates in accordance with this paragraph.
Subtitle D--Child Support Enforcement Improvements Act of 1991
SEC. 341. SHORT TITLE.
  This subtitle may be cited as the `Child Support Enforcement Improvements
  Act of 1991'.
SEC. 342. NONLIABILITY FOR DEPOSITORY INSTITUTIONS PROVIDING FINANCIAL
RECORDS TO STATE CHILD SUPPORT ENFORCEMENT AGENCIES IN CHILD SUPPORT CASES.
  (a) IN GENERAL- Notwithstanding any other provision of Federal or State law,
  a depository institution shall not be liable under any Federal or State
  law to any person for disclosing any financial record of an individual to
  a State child support enforcement agency attempting to establish, modify,
  or enforce a child support obligation of such individual.
  (b) PROHIBITION OF DISCLOSURE OF FINANCIAL RECORD OBTAINED BY STATE CHILD
  SUPPORT ENFORCEMENT AGENCY- A State child support enforcement agency which
  obtains a financial record of an individual from a financial institution
  pursuant to subsection (a) may disclose such financial record only for
  the purpose of, and to the extent necessary in, establishing, modifying,
  or enforcing a child support obligation of such individual.
  (c) CIVIL DAMAGES FOR UNAUTHORIZED DISCLOSURE-
  (1) DISCLOSURE BY STATE OFFICER OR EMPLOYEE- If any officer or employee
  of a State knowingly, or by reason of negligence, discloses a financial
  record of an individual in violation of subsection (b), such individual
  may bring a civil action for damages against such State in a district
  court of the United States.
  (2) NO LIABILITY FOR GOOD FAITH BUT ERRONEOUS INTERPRETATION- No liability
  shall arise under this subsection with respect to any disclosure which
  results from a good faith, but erroneous, interpretation of subsection (b).
  (3) DAMAGES- In any action brought under paragraph (1), upon a finding of
  liability on the part of the defendant, the defendant shall be liable to
  the plaintiff in an amount equal to the sum of--
  (A) the greater of--
  (i) $1,000 for each act of unauthorized disclosure of a financial record
  with respect to which such defendant is found liable; or
  (ii) the sum of--
  (I) the actual damages sustained by the plaintiff as a result of such
  unauthorized disclosure; plus
  (II) in the case of a willful disclosure or a disclosure which is the
  result of gross negligence, punitive damages; plus
  (B) the costs of the action.
  (d) DEFINITIONS- For purposes of this section:
  (1) The term `depository institution' means--
  (A) a depository institution, as defined by section 3(c) of the Federal
  Deposit Insurance Act;
  (B) an institution-affiliated party, as defined by section 3(u) of such
  Act; and
  (C) any Federal credit union or State credit union, as defined by section
  101 of the Federal Credit Union Act, including an institution-affiliated
  party of such a credit union, as defined by section 206(r) of such Act.
  (2) The term `financial record' has the meaning given such term by section
  1101 of the Right to Financial Privacy Act of 1978.
  (3) The term `State child support enforcement agency' means a State agency
  which administers a State program for establishing and enforcing child
  support obligations.
SEC. 343. ACCESS TO CONSUMER REPORTS OF CERTAIN INDIVIDUALS BY STATE CHILD
SUPPORT ENFORCEMENT AGENCIES IN CHILD SUPPORT CASES.
  (a) IN GENERAL- Section 604 of the Fair Credit Reporting Act (15
  U.S.C. 1681b) is amended by adding at the end the following new paragraph:
  `(4) To a State child support enforcement agency that is seeking to
  establish, modify, or enforce a child support obligation against the
  consumer.'.
  (b) STATE CHILD SUPPORT ENFORCEMENT AGENCY DEFINED- Section 603 of such
  Act (15 U.S.C. 1681a) is amended by adding at the end the following new
  subsection:
  `(j) The term `State child support enforcement agency' means a State
  agency which administers a State program for establishing and enforcing
  child support obligations.'.
SEC. 344. MEDICAL SUPPORT.
  (a) ENFORCEMENT PROCEDURES-
  (1) IN GENERAL- Section 466(a) of the Social Security Act (42 U.S.C. 666(a))
  is amended by inserting after paragraph (10) the following:
  `(11)(A) Procedures which require that, if a court or administrative agency
  of the State issues a new or modified support order containing a provision
  requiring an absent parent to obtain medical insurance coverage for 1 or
  more children of a custodial parent of the children, then--
  `(i) within 30 days after the absent parent receives notice of the order, the
  absent parent must provide to the custodial parent written documentation that
  the absent parent has so obtained, or applied for, the insurance coverage;
  `(ii) if the absent parent fails to apply for, obtain, or maintain insurance
  coverage pursuant to the order, the absent parent must be liable for any
  reasonable and necessary health or dental expenses (including medical
  insurance premiums) of the child or children incurred by the custodial
  parent--
  `(I) on or after the date of the notice of the order, if the absent parent
  failed to so provide the written documentation;
  `(II) on or after the date the absent parent applied for the insurance
  coverage, if the absent parent provided the written documentation required
  by clause (i) within the 30-day period described in clause (i) and failed
  to obtain the insurance coverage; or
  `(III) on or after the date the insurance coverage was terminated, if the
  absent parent provided the written documentation required by clause (i)
  within the 30-day period described in clause (i), obtained the insurance
  coverage, and failed to maintain the insurance coverage;
  `(iii) after the insurance coverage has been obtained, the insurer must--
  `(I) on request of the custodial parent or the administrative agency,
  release to the custodial parent and the administrative agency the insurance
  coverage information (including the name of the insurer, the policy number,
  and information on copayments and deductibles, on how and where to submit
  claims, and on changes in the insurance policy);
  `(II) consider the signature of the custodial parent as a valid authorization
  to the insurer for purposes of processing claims and paying benefits under
  the insurance policy; and
  `(III) make payable to the custodial parent the benefit checks issued
  with respect to claims submitted by the custodial parent, and to send such
  checks to the address of the custodial parent;
  `(iv) if the insurance coverage is terminated, the insurer must, within
  10 days after such termination date, notify the custodial parent and the
  administrative agency of any conversion privileges.
  `(B) For purposes of this paragraph:
  `(i) The term `medical insurance coverage' means health insurance coverage
  or dental insurance coverage, or both, as the case may be.
  `(ii) The term `insurer' means the entity through which the absent parent
  has medical insurance coverage.'.
  (2) INCLUSION IN INCENTIVE PAYMENTS PROGRAM OF DEPENDENT MEDICAL INSURANCE
  COVERAGE PROVIDED DUE TO SUCCESSFUL APPLICATION OF ENFORCEMENT PROCEDURES-
  Section 458(b) of the Social Security Act (42 U.S.C. 658(b)) is amended
  by adding at the end the following:
  `(5)(A) Notwithstanding any other provision of this subsection, the incentive
  payment for any fiscal year shall include an amount equal to 6 percent of--
  `(i) the number of absent parents who owe child support pursuant to a support
  order containing a provision requiring the absent parent to obtain medical
  insurance coverage for 1 or more children, and with respect to whom the State
  successfully enforces such provision, in whole or in part; multiplied by
  `(ii) the average annual insurance premium charged in the State during
  the fiscal year for the provision of medical insurance coverage of the
  kind generally required by such a support order, as determined by the
  Secretary on a State-by-State basis in accordance with regulations.
  `(B) For purposes of this section, the successful enforcement by the State
  of a provision of a support order requiring an absent parent to obtain
  medical insurance coverage for 1 or more children shall be considered the
  collection of support from the absent parent, without regard to the means
  by which such support is provided.'.
  (3) EFFECTIVE DATE-
  (A) IN GENERAL- Except as provided in subparagraph (B), the amendments
  made by this subsection shall take effect 9 months after the date of the
  enactment of this Act, and shall apply to payments under parts A and D of
  title IV of the Social Security Act for calendar quarters beginning on or
  after the first day of the 9th calendar month that begins after the date
  of the enactment of this Act, without regard to whether regulations to
  implement such amendments are promulgated by such date.
  (B) DELAY PERMITTED IF STATE LEGISLATION REQUIRED- In the case of a
  State plan approved under section 454 of the Social Security Act which the
  Secretary of Health and Human Services determines requires State legislation
  (other than legislation appropriating funds) in order for the plan to
  meet the additional requirements imposed by the amendments made by this
  subsection, the State plan shall not be regarded as failing to comply with
  the requirements of such section 454 solely on the basis of the failure of
  the plan to meet such additional requirements before the first day of the
  18th calendar month that begins after the date of the enactment of this Act.
  (4) REGULATIONS- Within 6 months after the date of the enactment of this Act,
  the Secretary of Health and Human Services shall prescribe such regulations
  as may be necessary to carry out the amendments made by this subsection.
  (b) STUDY; REPORT-
  (1) STUDY- The Secretary of Health and Human Services shall conduct a
  study to determine how the successful efforts of States, in enforcing
  obligations of absent parents to pay (and obtain medical insurance coverage
  with respect to) the reasonable and necessary health and dental expenses of
  the children to whom such absent parents owe such a support obligation,
  should be rewarded through an incentive payments program of the type
  established under section 458 of the Social Security Act.
  (2) REPORT- Not later than 18 months after the date of the enactment of
  this Act, the Secretary of Health and Human Services shall submit to the
  Committee on Ways and Means of the House of Representatives and the Committee
  on Finance of the Senate the results of the study required by paragraph (1).
SEC. 345. IRS TAX REFUND INTERCEPT.
  (a) ALL PAST-DUE CHILD SUPPORT TO BE TAKEN INTO ACCOUNT- Section 464(b)(1)
  of the Social Security Act (42 U.S.C. 664(b)(1)) is amended by inserting
  `shall require any State that has a centralized system for the collection,
  recording, and distribution of child support assigned to the State
  pursuant to section 402(a)(26) or 471(a)(17) to use the system to verify
  the existence of all past-due child support (in addition to other support
  verified by the system), and require any State that does not have such
  a system to make a good faith effort to collect all such past-due child
  support' before `, and the fee'.
  (b) EFFECTIVE DATE- The amendment made by subsection (a) shall apply to
  notices of past-due child support (within the meaning of section 464(c)
  of the Social Security Act) submitted by States on or after the first day
  of the first calendar quarter that begins after the date of the enactment
  of this Act.
SEC. 346. ANNUAL REPORTS ON STATE COMPLIANCE WITH TIME LIMITS WITHIN WHICH
STATE MUST PROVIDE CERTAIN CHILD SUPPORT ASSISTANCE.
  Section 452(a)(10) of the Social Security Act (42 U.S.C. 652(a)(10))
  is amended--
  (1) in subparagraph (H), by striking `and';
  (2) in subparagraph (I), by striking the period and inserting `; and'; and
  (3) by inserting after subparagraph (I) the following:
  `(J) compliance, by State, with the standards established pursuant to
  subsections (h) and (i).'.
SEC. 347. WAGES WITHHELD BY EMPLOYERS TO PAY CHILD SUPPORT OBLIGATIONS REQUIRED
TO BE PAID TO STATE WITHIN 10 DAYS; LATE PAYMENT PENALTY IMPOSED ON EMPLOYERS.
  (a) IN GENERAL- Section 466(b)(6)(A) of the Social Security Act (42
  U.S.C. 666(b)(6)(A)) is amended--
  (1) in clause (i), by inserting `within 10 days after the payment of such
  wages' before `to the appropriate agency'; and
  (2) by adding at the end the following:
  `(iii) The State must require any employer who fails to make any payment
  required in accordance with clause (i) within the 10-day period described
  therein to pay the State a $1,000 penalty. The State must expend all
  penalties collected in accordance with this clause for the operation of
  the State plan approved under section 454, not later than the end of the
  calendar quarter following the calendar quarter in which collected.'.
  (b) EFFECTIVE DATE-
  (1) IN GENERAL- Except as provided in paragraph (2) of this subsection,
  the amendments made by subsection (a) of this section shall take effect on
  the date of the enactment of this Act and apply to wages paid on or after
  such date and payments under part D of title IV of the Social Security
  Act for calendar quarters beginning on or after such date.
  (2) DELAY PERMITTED IF STATE LEGISLATION REQUIRED- In the case of a
  State plan approved under section 454 of the Social Security Act which the
  Secretary of Health and Human Services determines requires State legislation
  (other than legislation appropriating funds) in order for the plan to meet
  the additional requirements imposed by the amendments made by subsection
  (a) of this section, the State plan shall not be regarded as failing to
  comply with the requirements of such section 454 solely on the basis of
  the failure of the plan to meet such additional requirements before the
  1st day of the 1st calendar quarter beginning after the close of the 1st
  regular session of the State legislature that begins after the date of the
  enactment of this Act. For purposes of the previous sentence, in the case
  of a State that has a 2-year legislative session, each year of such session
  shall be deemed to be a separate regular session of the State legislature.
SEC. 348. NATIONAL PARENT LOCATOR NETWORK.
  Section 453 of the Social Security Act (42 U.S.C. 653) is amended by adding
  at the end the following:
  `(g) To facilitate the gathering and use of parent locator information,
  the Office of Child Support Enforcement of the Department of Health and
  Human Services shall develop a national network which would build on the
  comprehensive statewide child support enforcement systems that States are
  developing, and which would allow States to--
  `(1) locate persons who owe a child support obligation or against whom
  such an obligation is being established, by--
  `(A) accessing the records of other State child support enforcement
  agencies and sources of parent locator information, directly from one
  computer system to another; and
  `(B) accessing Federal sources of parent locator information in the same
  fashion;
  `(2) search the files of other States to determine whether there are other
  child support orders that have been issued with respect to absent parents,
  and obtain the details of those orders;
  `(3) provide for both on-line and batch processing of parent locator
  information requests, with on-line access restricted to cases in which
  the information is needed immediately, and batch processing used to search
  databases to locate persons or update information periodically;
  `(4) direct parent locator requests to individual States or Federal agencies,
  transmit requests to selected States, or transmit cases to all States when
  source of needed information is unknown;
  `(5) require that the network be able to broadcast a request from a State
  and return a response to the State in not more than 48 hours;
  `(6) search the registry of child support orders for private cases maintained
  at the State level by the State court or the child support enforcement
  agency, and include in the information maintained by the registry on each
  child support order in the State regular updates on payments and location
  of the obligor; and
  `(7) provide ready access to courts of the information on the network by
  location of a terminal in the court.'.
Subtitle E--Dependent Care Tax Credit Refundability
SEC. 351. DEPENDENT CARE TAX CREDIT.
  (a) DEPENDENT CARE SERVICES- Subpart C of part IV of subchapter A of chapter
  1 of the Internal Revenue Code of 1986 (relating to refundable credits)
  is amended by redesignating section 35 as section 36 and by inserting
  after section 34 the following new section:
`SEC. 35. DEPENDENT CARE SERVICES.
  `(a) ALLOWANCE OF CREDIT-
  `(1) IN GENERAL- In the case of an individual who maintains a household
  which includes as a member 1 or more qualifying individuals, there shall
  be allowed as a credit against the tax imposed by this subtitle for the
  taxable year an amount equal to the applicable percentage of the sum of--
  `(A) the employment-related expenses paid by such individual during the
  taxable year, plus
  `(B) the respite care expenses paid by such individual during the taxable
  year.
  `(2) APPLICABLE PERCENTAGE DEFINED-
  `(A) IN GENERAL- For purposes of paragraph (1), the term `applicable
  percentage' means 50 percent reduced (but not below 20 percent) by 1
  percentage point for each full $1,000 amount by which the taxpayer's
  adjusted gross income for the taxable year exceeds $15,000.
  `(B) COST-OF-LIVING ADJUSTMENT-
  `(i) IN GENERAL- In the case of a taxable year beginning in a calendar year
  after 1992, subparagraph (A) shall be applied by increasing the $15,000
  amount contained therein by the cost-of-living adjustment (as defined in
  section 1(f)(3)) for such calendar year determined by substituting `1991'
  for `1989' in subparagraph (B) of section 1(f)(3).
  `(ii) ROUNDING- If any increase determined under clause (i) is not a
  multiple of $10, such increase shall be rounded to the nearest multiple
  of $10 (or if such increase is a multiple of $15, such increase shall be
  increased to the next highest multiple of $10).
  `(b) EMPLOYMENT-RELATED EXPENSES- For purposes of this section--
  `(1) DETERMINATION OF ELIGIBLE EXPENSES-
  `(A) IN GENERAL- The term `employment-related expenses' means amounts
  paid for the following expenses, but only if such expenses are incurred
  to enable the taxpayer to be gainfully employed for any period for which
  there are 1 or more qualifying individuals with respect to the taxpayer:
  `(i) expenses for household services, and
  `(ii) expenses for the care of a qualifying individual.
Such term shall not include any amount paid for services outside the taxpayer's
household at a camp where the qualifying individual stays overnight and shall
not include any respite care expense taken into account under subsection (a).
  `(B) EXCEPTION- Employment-related expenses described in subparagraph (A)
  which are incurred for services outside the taxpayer's household shall be
  taken into account only if incurred for the care of--
  `(i) a qualifying individual described in subsection (d)(1), or
  `(ii) a qualifying individual (not described in subsection (d)(1)) who
  regularly spends at least 8 hours each day in the taxpayer's household.
  `(C) DEPENDENT CARE CENTERS- Employment-related expenses described in
  subparagraph (A) which are incurred for services provided outside the
  taxpayer's household by a dependent care center (as defined in subparagraph
  (D)) shall be taken into account only if--
  `(i) such center complies with all applicable laws and regulations of a
  State or unit of local government, and
  `(ii) the requirements of subparagraph (B) are met.
  `(D) DEPENDENT CARE CENTER DEFINED- For purposes of this paragraph, the term
  `dependent care center' means any facility which--
  `(i) provides care for more than 6 individuals (other than individuals
  who reside at the facility), and
  `(ii) receives a fee, payment, or grant for providing services for any of
  the individuals (regardless of whether such facility is operated for profit).
  `(2) DOLLAR LIMIT ON AMOUNT CREDITABLE-
  `(A) IN GENERAL- The amount of the employment-related expenses incurred
  during any taxable year which may be taken into account under subsection
  (a) shall not exceed--
  `(i) $2,400 if there is 1 qualifying individual with respect to the taxpayer
  for such taxable year, or
  `(ii) $4,800 if there are 2 or more qualifying individuals with respect
  to the taxpayer for such taxable year.
The amount determined under clause (i) or (ii) (whichever is applicable)
shall be reduced by the aggregate amount excludable from gross income under
section 129 for the taxable year.
  `(B) REDUCTION IN LIMIT FOR AMOUNT OF RESPITE CARE EXPENSES- The limitation
  of subparagraph (A) shall be reduced by the amount of the respite care
  expenses taken into account by the taxpayer under subsection (a) for the
  taxable year.
  `(3) Earned income limitation-
  `(A) IN GENERAL- Except as otherwise provided in this paragraph, the amount
  of the employment-related expenses incurred during any taxable year which
  may be taken into account under subsection (a) shall not exceed--
  `(i) in the case of an individual who is not married at the close of such
  year, such individual's earned income for such year, or
  `(ii) in the case of an individual who is married at the close of such year,
  the lesser of such individual's earned income or the earned income of his
  spouse for such year.
  `(B) SPECIAL RULE FOR SPOUSE WHO IS A STUDENT OR INCAPABLE OF CARING FOR
  HIMSELF- In the case of a spouse who is a student or a qualified individual
  described in subsection (d)(3), for purposes of subparagraph (A), such
  spouse shall be deemed for each month during which such spouse is a full-time
  student at an educational institution, or is such a qualifying individual,
  to be gainfully employed and to have earned income of not less than--
  `(i) $200 if paragraph (2)(A)(i) applies for the taxable year, or
  `(ii) $400 if paragraph (2)(A)(ii) applies for the taxable year.
In the case of any husband and wife, this subparagraph shall apply with
respect to only one spouse for any one month.
  `(c) RESPITE CARE EXPENSES- For purposes of this section--
  `(1) IN GENERAL- The term `respite care expenses' means expenses paid
  (whether or not to enable the taxpayer to be gainfully employed) for--
  `(A) the care of a qualifying individual--
  `(i) who has attained the age of 13, or
  `(ii) who is under the age of 13 but has a physical or mental impairment
  which results in the individual being incapable of caring for himself,
during any period when such individual regularly spends at least 8 hours
each day in the taxpayer's household, or
  `(B) care (for not more than 14 days during the calendar year) of a
  qualifying individual described in subparagraph (A) during any period
  during which the individual does not regularly spend at least 8 hours each
  day in the taxpayer's household.
  `(2) DOLLAR LIMIT- The amount of the respite care expenses incurred during
  any taxable year which may be taken into account under subsection (a)
  shall not exceed--
  `(A) $1,200 if such expenses are incurred with respect to only 1 qualifying
  individual for the taxable year, or
  `(B) $2,400 if such expenses are incurred for 2 or more qualifying
  individuals for such taxable year.
  `(d) QUALIFYING INDIVIDUAL- For purposes of this section, the term
  `qualifying individual' means--
  `(1) a dependent of the taxpayer who is under the age of 13 and with
  respect to whom the taxpayer is entitled to a deduction under section 151(e),
  `(2) a dependent of the taxpayer who is physically or mentally incapable
  of caring for himself, or
  `(3) the spouse of the taxpayer, if he is physically or mentally incapable
  of caring for himself.
  `(e) SPECIAL RULES- For purposes of this section--
  `(1) MAINTAINING HOUSEHOLD- An individual shall be treated as maintaining
  a household for any period only if over half the cost of maintaining the
  household for such period is furnished by such individual (or, if such
  individual is married during such period, is furnished by such individual
  and his spouse).
  `(2) MARRIED COUPLES MUST FILE JOINT RETURN- If the taxpayer is married
  at the close of the taxable year, the credit shall be allowed under
  subsection (a) only if the taxpayer and his spouse file a joint return
  for the taxable year.
  `(3) MARITAL STATUS- An individual legally separated from his spouse under
  a decree of divorce or of separate maintenance shall not be considered
  as married.
  `(4) CERTAIN MARRIED INDIVIDUALS LIVING APART- If--
  `(A) an individual who is married and who files a separate return--
  `(i) maintains as his home a household which constitutes for more than
  one-half of the taxable year the principal place of abode of a qualifying
  individual, and
  `(ii) furnishes over half the cost of maintaining such household during
  the taxable year, and
  `(B) during the last 6 months of such taxable year such individual's spouse
  is not a member of such household,
such individual shall not be considered as married.
  `(5) SPECIAL DEPENDENCY TEST IN CASE OF DIVORCED PARENTS, ETC- If--
  `(A) paragraph (2) or (4) of section 152(e) applies to any child with
  respect to any calendar year, and
  `(B) such child is under the age of 13 or is physically or mentally
  incapable of caring for himself,
in the case of any taxable year beginning in such calendar year, such child
shall be treated as a qualifying individual with respect to the custodial
parent (within the meaning of section 152(e)(1)), and shall not be treated
as a qualifying individual with respect to the noncustodial parent.
  `(6) PAYMENTS TO RELATED INDIVIDUALS- No credit shall be allowed under
  subsection (a) for any amount paid by the taxpayer to an individual--
  `(A) with respect to whom, for the taxable year, a deduction under section
  151(e) (relating to deduction for personal exemptions for dependents)
  is allowable either to the taxpayer or his spouse, or
  `(B) who is a child of the taxpayer (within the meaning of section 151(e)(3))
  who has not attained the age of 19 at the close of the taxable year.
For purposes of this paragraph, the term `taxable year' means the taxable
year of the taxpayer in which the service is performed.
  `(7) STUDENT- The term `student' means an individual who during each of
  5 calendar months during the taxable year is a full-time student at an
  educational organization.
  `(8) EDUCATIONAL ORGANIZATION- The term `educational organization' means
  an educational organization described in section 170(b)(1)(A)(ii).
  `(9) IDENTIFYING INFORMATION REQUIRED WITH RESPECT TO SERVICE PROVIDER-
  No credit shall be allowed under subsection (a) for any amount paid to
  any person unless--
  `(A) the name, address, and taxpayer identification number of such person
  are included on the return claiming the credit, or
  `(B) if such person is an organization described in section 501(c)(3)
  and exempt from tax under section 501(a), the name and address of such
  person are included on the return claiming the credit.
In the case of a failure to provide the information required under the
preceding sentence, the preceding sentence shall not apply if it is shown
that the taxpayer exercised due diligence in attempting to provide the
information so required.
  `(f) REGULATIONS- The Secretary shall prescribe such regulations as may
  be necessary to carry out the purposes of this section.'
  (b) CONFORMING AMENDMENTS-
  (1) Section 21 of such Code is hereby repealed.
  (2) Paragraph (2) of section 129(b) of such Code is amended by striking out
  `section 21(d)(2)' and inserting in lieu thereof `section 35(b)(3)(B)'.
  (3) Subsection (e) of section 213 of such Code is amended by striking out
  `section 21' and inserting in lieu thereof `section 35'.
  (c) TECHNICAL AMENDMENTS-
  (1) The table of sections for subpart C of part IV of subchapter A of
  chapter 1 of such Code is amended by striking out the item relating to
  section 35 and inserting in lieu thereof the following:
`Sec. 35. Dependent care services.
`Sec. 36. Overpayments of tax.'
  (2) The table of sections for subpart A of such part IV is amended by
  striking out the item relating to section 21.
  (d) EFFECTIVE DATE- The amendments made by this section shall apply to
  taxable years beginning after December 31, 1991.
Subtitle F--Pell Grant Eligibility Expansion Act
SEC. 361. FINDINGS.
  The Congress finds that--
  (1) the number of students attending institutions of higher education on
  a part-time or less-than-half-time basis is rapidly increasing;
  (2) these students, who often work full- or part-time and shoulder family
  responsibilities in addition to attending classes, face certain restrictions
  on eligibility for student financial assistance; and
  (3) therefore, to meet the changing circumstances in our higher education
  institutions, it is the purpose of this legislation to remove the dual set
  of criteria for determining eligibility for student financial aid which
  restricts less-than-half-time students from otherwise qualifying.
SEC. 362. AMENDMENT.
  Section 411(b) of the Higher Education Act of 1965 (20 U.S.C. 1070a(b))
  is amended by striking paragraphs (6) and (7).
Subtitle G--Federal Council on Women Act
SEC. 371. SHORT TITLE.
  This subtitle may be cited as the `Federal Council on Women Act'.
SEC. 372. FINDINGS.
  The Congress finds the following:
  (1) Women compose 51.3 percent of the total population and over one-half
  of the workforce in the United States.
  (2) The number of households headed by females has more than doubled in the
  last 27 years and a child who lives in such a household has a 50 percent
  chance of being poor.
  (3) One-third of all women in the United States fail to receive adequate
  prenatal care and the number of births to teenage mothers has risen
  throughout the 1980's.
  (4) A 1987 study found that only 13 percent of the total budget of the
  National Institutes of Health was spent for research on women's health.
  (5) Since 1980 rape rates have risen 4 times as fast as the national crime
  rate and nearly 3,000,000 women are battered each year.
  (6) Women at all levels of educational attainment earn less than men with
  comparable degrees.
  (7) Women continue to be enrolled in education and training programs that
  prepare them for low-wage jobs in traditionally female occupations.
  (8) Women constitute 70 percent of the elderly poor.
  (9) In 1980 the President's Commission on the Status of Women was
  discontinued.
  (10) There is no Federal clearinghouse which focuses on issues and problems
  widely shared by women and where recommendations can be developed for
  legislative remedies.
  (11) Federal policy and programs frequently fail to serve the needs and
  interests of women equitably with the needs and interests of men.
SEC. 373. ESTABLISHMENT OF COUNCIL.
  There is established within the legislative branch a council to be known as
  the `Federal Council on Women' (hereinafter in this Act referred to as the
  `Council').
SEC. 374. DUTIES.
  The Council shall--
  (1) collect and evaluate information on a wide range of issues and concerns
  relating to women in the United States, including poverty, health care,
  violence, employment, education, and aging;
  (2) review and evaluate current and proposed Federal policy relating to
  the issues and concerns specified in paragraph (1) and the impact of such
  issues and concerns on women;
  (3) coordinate the activities of the Council with any similar activities
  conducted by any State, political subdivision of any State, and concerned
  organizations, including State commissions on the status of women; and
  (4) make recommendations to the Congress with respect to--
  (A) actions that should be taken to alleviate problems studied by the
  Council; and
  (B) the promotion of equal rights and opportunities for women.
SEC. 375. MEMBERSHIP.
  (a) APPOINTMENT- The Council shall be composed of 17 members appointed
  as follows:
  (1) SENATE APPOINTMENTS- 8 members appointed by the majority leader of the
  Senate in consultation with the minority leader of the Senate. Not more
  than 4 individuals appointed by the majority leader may be of a single
  political party.
  (2) HOUSE APPOINTMENTS- 8 members appointed by the Speaker of the House
  of Representatives in consultation with the minority leader of the House
  of Representatives. Not more than 4 individuals appointed by the Speaker
  may be of a single political party.
TITLE IV--RETIREMENT EQUITY
Subtitle A--Pension Reform Act of 1991
SEC. 401. SHORT TITLE.
  This subtitle may be cited as the `Pension Reform Act of 1991'.
SEC. 402. PENSION INTEGRATION RULES.
  (a) APPLICABILITY OF NEW INTEGRATION RULES EXTENDED TO ALL EXISTING ACCRUED
  BENEFITS- Subsection (c)(1) of section 1111 of the Tax Reform Act of 1986
  (relating to effective date of application of nondiscrimination rules to
  integrated plans) is amended by striking `benefits attributable to'.
  (b) INTEGRATION DISALLOWED FOR SIMPLIFIED EMPLOYEE PENSIONS-
  (1) IN GENERAL- Subparagraph (D) of section 408(k)(3) of the Internal
  Revenue Code of 1986 (relating to permitted disparity under rules limiting
  discrimination under simplified employee pensions) is repealed.
  (2) CONFORMING AMENDMENT- Subparagraph (C) of such section 408(k)(3)
  is amended by striking `and except as provided in subparagraph (D),'.
  (3) EFFECTIVE DATE- The amendments made by this subsection shall apply
  with respect to taxable years beginning on or after January 1, 1991.
  (c) EVENTUAL REPEAL OF INTEGRATION RULES- Effective for plan years beginning
  on or after January 1, 2000--
  (1) subparagraphs (C) and (D) of section 401(a)(5) of the Internal
  Revenue Code of 1986 (relating to pension integration exceptions under
  nondiscrimination requirements for qualification) are repealed, and
  subparagraph (E) of such section 401(a)(5) is redesignated as subparagraph
  (C); and
  (2) subsection (1) of section 401 of such Code (relating to nondiscriminatory
  coordination of defined contribution plans with OASDI) is repealed.
SEC. 403. APPLICATION OF MINIMUM COVERAGE REQUIREMENTS WITH RESPECT TO
SEPARATE LINES OF BUSINESS.
  (a) IN GENERAL- Subsection (b) of section 410 of the Internal Revenue Code
  of 1986 (relating to minimum coverage requirements) is amended--
  (1) in paragraph (1), by striking `A trust' and inserting `In any case in
  which the employer with respect to a plan is treated, under section 414(r),
  as operating separate lines of business for a plan year, a trust', and by
  inserting `for such plan year' after `requirements'; and
  (2) by redesignating paragraphs (3) through (6) as paragraphs (4) through
  (7), respectively and by inserting after paragraph (2) the following
  new paragraph:
  `(3) SPECIAL RULE WHERE EMPLOYER OPERATES SINGLE LINE OF BUSINESS- In
  any case in which the employer with respect to a plan is not treated,
  under section 414(r), as operating separate lines of business for a plan
  year, a trust shall not constitute a qualified trust under section 401(a)
  unless such trust is designated by the employer as part of a plan which
  benefits all employees of the employer.'.
  (b) LIMITATION ON LINE OF BUSINESS EXCEPTION- Paragraph (6) of section 410(b)
  of such Code (as redesignated by subsection (a)(2) of this section) is
  amended by inserting `other than paragraph (1)(A)' after `this subsection'.
SEC. 404. ELIMINATION OF SPECIAL VESTING RULE FOR MULTIEMPLOYER PLANS.
  (a) INTERNAL REVENUE CODE AMENDMENT- Paragraph (2) of section 411(a) of
  the Internal Revenue Code of 1986 (relating to minimum vesting standards)
  is amended--
  (1) by striking `subparagraph (A), (B), or (C)' and inserting `subparagraph
  (A) or (B)'; and
  (2) by striking subparagraph (C).
  (b) ERISA AMENDMENT- Paragraph (2) of section 203(a)(2) of the Employee
  Retirement Income Security Act of 1974 (29 U.S.C. 1053(a)(2)) is amended--
  (1) by striking `subparagraph (A), (B), or (C)' and inserting `subparagraph
  (A) or (B)'; and
  (2) by striking subparagraph (C).
SEC. 405. EFFECTIVE DATES.
  (a) IN GENERAL- Except as provided in subsection (b), the amendments made
  by this subtitle, other than section 402, shall apply with respect to plan
  years beginning on or after January 1, 1992.
  (b) SPECIAL RULE FOR COLLECTIVELY BARGAINED PLANS- In the case of a plan
  maintained pursuant to 1 or more collective bargaining agreements between
  employee representatives and 1 or more employers ratified on or before
  the date of the enactment of this Act, subsection (a) shall be applied
  to benefits pursuant to, and individuals covered by, any such agreement
  by substituting for `January 1, 1992' the date of the commencement of the
  first plan year beginning on or after the earlier of--
  (1) the later of--
  (A) January 1, 1992, or
  (B) the date on which the last of such collective bargaining agreements
  terminates (determined without regard to any extension thereof after the
  date of the enactment of this Act), or
  (2) January 1, 1994.
  (c) PLAN AMENDMENTS- If any amendment made by this Act requires an amendment
  to any plan, such plan amendment shall not be required to be made before
  the first plan year beginning on or after January 1, 1992, if--
  (1) during the period after such amendment made by this Act takes effect
  and before such first plan year, the plan is operated in accordance with
  the requirements of such amendment made by this Act, and
  (2) such plan amendment applies retroactively to the period after such
  amendment made by this Act takes effect and such first plan year.
A plan shall not be treated as failing to provide definitely determinable
benefits or contributions, or to be operated in accordance with the provisions
of the plan, merely because it operates in accordance with this subsection.
SEC. 406. STUDY ON COST-OF-LIVING ADJUSTMENTS UNDER PRIVATE PENSION PLANS.
  (a) STUDY BY GENERAL ACCOUNTING OFFICE- As soon as possible after the
  date of the enactment of this Act, the Comptroller General of the United
  States, in accordance with the authority provided under section 11016(d)
  of the Single-Employer Pension Plan Amendments Act of 1986 (100 Stat. 275),
  shall undertake a thorough study with respect to alternative methods of
  requiring employee pension benefit plans to provide cost-of-living and
  other adjustments to benefits payable under such plans.
  (b) MATTERS TO BE STUDIED- The Comptroller General, in carrying out the
  study provided for in this section, shall address, analyze, and report
  specifically on--
  (1) the effect inflation is having and may be expected to have on
  women receiving private pension benefits as either plan participants or
  beneficiaries,
  (2) the number of plans which provide for cost-of-living or other adjustments
  to benefits,
  (3) the manner in which plans providing for such adjustments determine when,
  and for whom, an adjustment will be made,
  (4) the frequency with which other plans make cost-of-living and other
  benefit adjustments, and how the determination to make such adjustments
  is made,
  (5) the possible application of funds currently available for employer
  reversions for cost-of-living and other benefit adjustments, and
  (6) the costs incurred in requiring such adjustments to benefits.
  (c) REPORT- Not later than 2 years after the date of the enactment
  of this Act, the Comptroller General shall submit to the Committee on
  Ways and Means and the Committee on Education and Labor of the House of
  Representatives and the Committee on Finance and the Committee on Labor
  and Human Resources of the Senate a report of the findings of the study
  provided for by this section, together with any recommendations the
  Comptroller General considers appropriate.
SEC. 407. STUDY ON PENSION PORTABILITY.
  (a) STUDY BY GENERAL ACCOUNTING OFFICE- As soon as possible after the date
  of the enactment of this Act, the Comptroller General of the United States,
  in accordance with the authority provided under section 11016(d) of the
  Single-Employer Pension Plan Amendments Act of 1986 (100 Stat. 275), shall
  undertake a thorough study with respect to alternative pension portability
  mechanisms, including mechanisms for promoting portability of benefits,
  credited service, and current values of cash distributions, for preserving
  and enhancing the real value of deferred vested pension benefits.
  (b) MATTERS TO BE STUDIED- The Comptroller General, in carrying out the
  study provided for in this section, shall address, analyze, and report
  specifically on--
  (1) the types of possible portability mechanisms for both defined benefit
  plans and defined contribution plans,
  (2) the manner in which, and extent to which, each mechanism would preserve
  and enhance the real value of deferred vested benefits,
  (3) the most effective ways to ensure that retirement money will be used
  for retirement,
  (4) the measures necessary to be taken to effectively ensure that the
  joint and survivor annuity form of benefit will be preserved,
  (5) the existing rules under the Employee Retirement Income Security Act
  of 1974, the Internal Revenue Code of 1986, and other applicable provisions
  of law which can be considered portability mechanisms, their effectiveness,
  and the frequency of their use, and
  (6) the costs of establishing effective portability mechanisms for both
  defined benefit plans and defined contribution plans.
  (c) REPORT- Not later than 2 years after the date of the enactment
  of this Act, the Comptroller General shall submit to the Committee on
  Ways and Means and the Committee on Education and Labor of the House of
  Representatives and the Committee on Finance and the Committee on Labor
  and Human Resources of the Senate a report of the findings of the study
  provided for by this section, together with any recommendations the
  Comptroller General considers appropriate.
SEC. 408. CLARIFICATION OF CONTINUED AVAILABILITY OF REMEDIES RELATING TO
MATTERS TREATED IN DOMESTIC RELATIONS ORDERS ENTERED BEFORE 1985.
  (a) IN GENERAL- In any case in which--
  (1) under a prior domestic relations order entered before January 1, 1985,
  in an action for divorce--
  (A) the right of a spouse under a pension plan to an accrued benefit under
  such plan was not divided between spouses,
  (B) any right of a spouse with respect to such an accrued benefit was
  waived without the informed consent of such spouse, or
  (C) the right of a spouse as a participant under a pension plan to an accrued
  benefit under such plan was divided so that the other spouse received less
  than such other spouse's pro rata share of the accrued benefit under the
  plan, or
  (2) a court of competent jurisdiction determines that any further action is
  appropriate with respect to any matter to which a prior domestic relations
  order entered before such date applies,
nothing in the provisions of section 104, 204, or 303 of the Retirement
Equity Act of 1984 (Public Law 98-397) or the amendments made thereby
shall be construed to require or permit the treatment, for purposes of such
provisions, of a domestic relations order, which is entered on or after the
date of the enactment of this Act and which supercedes, amends the terms of,
or otherwise affects such prior domestic relations order, as other than
a qualified domestic relations order solely because such prior domestic
relations order was entered before January 1, 1985.
  (b) DEFINITIONS- For purposes of this section--
  (1) IN GENERAL- Terms used in this section which are defined in section
  3 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002)
  shall have the meanings provided such terms by such section.
  (2) PRO RATA SHARE- The term `pro rata share' of a spouse means, in
  connection with an accrued benefit under a pension plan, 50 percent of
  the product derived by multiplying--
  (A) the actuarial present value of the accrued benefit, by
  (B) a fraction--
  (i) the numerator of which is the period of time, during the marriage
  between the spouse and the participant in the plan, which constitutes
  creditable service by the participant under the plan, and
  (ii) the denominator of which is the total period of time which constitutes
  creditable service by the participant under the plan.
  (3) PLAN- All pension plans in which a person has been a participant shall
  be treated as one plan with respect to such person.
Subtitle B--Spousal Pension Equity Act
SEC. 421. SHORT TITLE.
  This subtitle may be cited as the `Spousal Pension Equity Act'.
SEC. 422. NONAGGREGATION OF CERTAIN SPOUSAL INCOMES UNDER LIMITATIONS
APPLICABLE TO QUALIFIED PENSION PLANS.
  (a) REQUIREMENTS FOR PLAN QUALIFICATION- Paragraph (17) of section 401(a)
  of the Internal Revenue Code of 1986 (relating to limitation on amount of
  annual compensation taken into account) is amended by striking the last
  sentence and inserting the following: `In determining the compensation of
  an employee, the rules of section 414(q)(6) shall apply; except that--
  `(A) in applying such rules, the term `family' shall only include the
  spouse of the employee and any lineal descendants of the employee who have
  not attained age 19 before the close of the year, and
  `(B) such rules shall not attribute compensation between spouses if both of
  such spouses are licensed to perform services in the same professional field
  and perform services in such field on a full-time basis for the employer.'
  (b) REQUIREMENTS FOR DEDUCTION OF EMPLOYER CONTRIBUTIONS- Subsection (l)
  of section 404 of such Code (relating to limitation on amount of annual
  compensation taken into account) is amended by striking the last sentence
  and inserting the following: `In determining the compensation of an employee,
  the rules of section 414(q)(6) shall apply; except that--
  `(1) in applying such rules, the term `family' shall only include the
  spouse of the employee and any lineal descendants of the employee who have
  not attained age 19 before the close of the year, and
  `(2) such rules shall not attribute compensation between spouses if both of
  such spouses are licensed to perform services in the same professional field
  and perform services in such field on a full-time basis for the employer.'
  (c) REGULATIONS- The Secretary shall prescribe any regulations necessary
  to carry out the amendments made by this section, including regulations
  necessary to prevent the avoidance of tax through the abuse of the provisions
  of such amendments.
  (d) EFFECTIVE DATE- The amendments made by this subtitle shall apply to
  years beginning after the date of the enactment of this Act.
Subtitle C--Social Security Care Provider Act of 1991
SEC. 431. SHORT TITLE.
  This subtitle may be cited as the `Social Security Care Provider Act
  of 1991'.
SEC. 432. INCREASE IN NUMBER OF YEARS DISREGARDED.
  (a) IN GENERAL- Section 215(b)(2) of the Social Security Act (42
  U.S.C. 415(b)(2)) is amended--
  (1) by striking the period at the end of clause (ii) of subparagraph (A)
  and inserting a comma;
  (2) by striking `Clause (ii), once' after and below clause (ii) of
  subparagraph (A) and inserting the following:
`and reduced further to the extent provided in subparagraph (B). Clause
(ii), once';
  (3) by striking `If an individual' in the matter following clause (ii)
  of subparagraph (A) and all that follows through the end of subparagraph (A);
  (4) by redesignating subparagraph (B) as subparagraph (F); and
  (5) by inserting after subparagraph (A) the following new subparagraphs:
  `(B) Subject to subparagraph (C), in any case in which--
  `(i) in any calendar year which is included in an individual's computation
  base years--
  `(I) such individual is living with a child (of such individual or his or
  her spouse) under the age of 12, or
  `(II) such individual is living with a child (of such individual or his or
  her spouse), a parent (of such individual or his or her spouse), or such
  individual's spouse while such child, parent, or spouse is a chronically
  dependent individual,
  `(ii) such calendar year is not disregarded pursuant to subparagraphs (A)
  and (E) (in determining such individual's benefit computation years) by
  reason of the reduction in the number of such individual's elapsed years
  under subparagraph (A), and
  `(iii) at any time during or after such calendar year and on or before
  the date of the application by such individual for benefits based on
  such individual's wages and self-employment income, such individual
  submits to the Secretary, in such form as the Secretary shall prescribe
  by regulations, a written statement that the requirements of clause (i)
  are met with respect to such calendar year,
then the number by which such elapsed years are reduced under this paragraph
pursuant to subparagraph (A) shall be increased by one (up to a combined
total not exceeding 10) for each such calendar year.
  `(C)(i)(I) No calendar year shall be disregarded by reason of subparagraph
  (B) (in determining such individual's benefit computation years) unless
  the individual had less than the applicable dollar amount (in effect for
  such calendar year under this clause) of earnings as described in section
  203(f)(5) for such year.
  `(II) Except as otherwise provided in subclause (III), the applicable
  dollar amount in effect under this clause for any calendar year is $2,000.
  `(III) In each calendar year after 1991, the Secretary shall determine and
  publish in the Federal Register, on or before November 1 of such calendar
  year, the applicable dollar amount which shall be effective under this
  clause for the next calendar year. Such dollar amount shall be equal to
  the larger of the applicable dollar amount which is effective under this
  clause for the calendar year in which such determination is made or,
  subject to subclause (VII), the product described in subclause (IV).
  `(IV) The product described in this subclause is the product derived by
  multiplying the applicable dollar amount which is effective under this
  clause for the calendar year in which the determination under subclause
  (III) is made, by the ratio of the amount described in subclause (V)
  to the amount described in subclause (VI).
  `(V) The amount described in this subclause is the deemed average total
  wages (as defined in section 209(k)(1)) for the calendar year before the
  calendar year in which the determination under subclause (III) is made.
  `(VI) The amount described in this subclause is the deemed average total
  wages (as defined in section 209(k)(1)) for 1990 or, if later, the calendar
  year before the most recent calendar year in which a determination resulting
  in an increase in the applicable dollar amount was made under subclause
  (III).
  `(VII) If the product described in subclause (IV) is not a multiple of
  $1.00, such product shall be rounded to the next higher multiple of $1.00
  in any case in which such product is a multiple of $0.50 but not of $1.00,
  and to the nearest multiple of $1.00 in any other case.
  `(ii) No calendar year shall be disregarded by reason of subparagraph (B)
  (in determining such individual's benefit computation years) in connection
  with a child referred to in subparagraph (B)(i)(I) (and not referred to in
  subparagraph (B)(i)(II)) unless the individual was living with the child
  substantially throughout the period in such year in which the child was
  alive and under the age of 12 in such year.
  `(iii) No calendar year shall be disregarded by reason of subparagraph (B)
  (in determining such individual's benefit computation years) in connection
  with a child, parent, or spouse referred to in subparagraph (B)(i)(II) unless
  the individual was living with such child, parent, or spouse substantially
  throughout a period of 180 consecutive days in such year throughout which
  such child, parent, or spouse was a chronically dependent individual.
  `(iv) The particular calendar years to be disregarded under this subparagraph
  (in determining such benefit computation years) shall be those years (not
  otherwise disregarded under subparagraph (A)) which, before the application
  of subsection (f), meet the conditions of the preceding provisions of
  this clause.
  `(v) This subparagraph shall apply only to the extent that its application
  would not result in a lower primary insurance amount.
  `(D)(i) For purposes of this paragraph, the term `chronically dependent
  individual' means an individual who--
  `(I) is dependent on a daily basis on another person who is living with the
  individual and is assisting the individual without monetary compensation in
  the performance of at least 2 of the activities of daily living (described
  in clause (ii)), and
  `(II) without such assistance could not perform such activities of daily
  living.
  `(ii) The `activities of daily living', referred to in clause (i), are
  the following:
  `(I) Eating.
  `(II) Bathing.
  `(III) Dressing.
  `(IV) Toileting.
  `(V) Transferring in and out of a bed or in and out of a chair.
  `(E) The number of an individual's benefit computation years as determined
  under this paragraph shall in no case be less than 2.'.
SEC. 433. EFFECTIVE DATE AND RELATED PROVISIONS.
  (a) IN GENERAL- The amendments made by this Act shall apply only with
  respect to computation base years after 1980, and only with respect to
  benefits payable for months after December 1991.
  (b) NOTICE AND PROCEDURES-
  (1) 60-DAY GRACE PERIOD AFTER INITIAL ISSUANCE OF FINAL REGULATIONS FOR
  CURRENT BENEFICIARIES AND APPLICANTS- The requirements of clause (iii) of
  section 215(b)(2)(B) of the Social Security Act (as amended by this Act)
  shall be treated as satisfied, in the case of a statement--
  (A) which is filed by an individual who is, as of the date of the first
  issuance in final form of the regulations required under such clause,
  a recipient of monthly benefits under section 202(a) or 223 of the Social
  Security Act, or an applicant for such benefits, and
  (B) with respect to which the requirements of such clause would be met
  but for the date of the filing of such statement,
if such statement is submitted to the Secretary of Health and Human Services
not later than 60 days after the date of the first issuance in final form
of such regulations.
  (2) NOTICE REQUIREMENTS-
  (A) NOTICE TO CURRENT BENEFICIARIES AND APPLICANTS- The Secretary of
  Health and Human Services shall issue, not later than the date of the first
  issuance in final form of the regulations required under clause (iii) of
  section 215(b)(2)(B) of the Social Security Act (as amended by this Act),
  regulations establishing procedures to ensure that--
  (i) persons who are, as of such date, recipients of monthly benefits under
  section 202(a) or 223 of the Social Security Act, or applicants for such
  benefits, are fully informed of the amendments made by this Act; and
  (ii) such persons are invited to comply, and given a reasonable opportunity
  to comply, with the requirements of section 215(b)(2)(B)(iii) of the Social
  Security Act (as amended by this Act), as provided in paragraph (1).
Upon receiving from a recipient described in clauses (i) and (ii) a written
statement referred to in clause (iii) of section 215(b)(2)(B) of the Social
Security Act (as amended by this Act) with respect to which the requirements
of such clause are treated as satisfied, the Secretary shall redetermine
the amount of such benefits to the extent necessary to take into account the
amendments made by this Act (and if such redetermination results in an increase
in such amount the increase shall be effective as provided in subsection (a)).
  (B) NOTICE TO FUTURE APPLICANTS- Such regulations required under subparagraph
  (A) shall also provide procedures to ensure that applicants for benefits
  under section 202(a) or 223 of the Social Security Act are given the
  opportunity, at the time of their application, to indicate and verify
  any additional years which may be disregarded under section 215(b)(2)(B)
  of the Social Security Act (as amended by this Act).
Subtitle D--Social Security Modernization Act of 1991
SEC. 441. SHORT TITLE.
  This subtitle may be cited as the `Social Security Modernization Act
  of 1991'.
SEC. 442. SHARING OF EARNINGS BY MARRIED COUPLES.
  (a) IN GENERAL- Title II of the Social Security Act (42 U.S.C. 401 et
  seq.) is amended by adding at the end the following new section:
`sharing of earnings by married couples
  `SEC. 234. (a) This section shall not apply with respect to any individual
  or spouse for any month, and any benefits payable under this title for
  any month on the basis of the wages and self-employment income of either
  shall be determined as though this section had not been enacted, if--
  `(1) the total of the combined benefits to which such individual and
  spouse would be entitled for such month under this title as a result of the
  application of this section is less than the total of the combined benefits
  to which they would be so entitled without regard to this section, or
  `(2) such individual is deceased and the amount of the widow's, widower's, or
  mother's or father's insurance benefit to which such spouse would be entitled
  for such month (on the basis of such individual's wages and self-employment
  income) as a result of the application of this section is less than the
  amount of the widow's, widower's, or mother's or father's insurance benefit
  to which such spouse would be so entitled without regard to this section.
  `(b)(1) The combined earnings of an individual and his or her spouse,
  to the extent that such earnings are attributable to the period of their
  marriage (as determined under paragraph (2)), shall be divided equally
  between them and shared in accordance with this section for purposes of
  determining their eligibility for old-age or disability insurance benefits
  and the amount of the old-age or disability insurance benefits to which
  each of them is or may become separately entitled.
  `(2)(A) Subject to subparagraph (B), for purposes of this section with
  respect to any two individuals who are married to each other, the `period
  of their marriage' is the period--
  `(i) beginning with the first day of the calendar year in which their
  marriage occurred, and
  `(ii) ending with the last day of the calendar year preceding the earliest
  calendar year in which one of them dies, they are divorced, or one of them
  files application for old-age or disability insurance benefits, whichever
  first occurs;
  `(B)(i) No period described in subparagraph (A) shall begin for any two
  individuals whose marriage to each other occurs after one of them has
  filed application for old-age insurance benefits.
  `(ii) No period described in subparagraph (A) shall begin for any two
  individuals whose marriage to each other occurs after one of them has filed
  application for disability insurance benefits unless his or her period of
  disability (and entitlement to such benefits) has theretofore ended or, if
  it has not theretofore ended, until such period (and such entitlement) ends.
  `(iii) The period described in subparagraph (A) shall include the
  `earliest calendar year' referred to in subparagraph (A)(ii) for purposes
  of recomputations for that year under section 215(f)(2), in any case where
  one of them dies or they are divorced, unless the survivor (where one of
  them dies) or either of them (where they are divorced) is remarried later
  in the same year.
  `(c)(1) Except to the extent otherwise provided in subsections (a), (d),
  (e), and (f), if two individuals have been married to each other they
  shall each be credited for all of the purposes of this title with wages
  and self-employment income, for each calendar year for which either of
  them is credited with any wages and self-employment income without regard
  to this section during the period of their marriage, in an amount equal to--
  `(A) 50 percent of the combined total of the wages and self-employment
  income otherwise credited to both of them for that year if (at the close
  of the month for which the benefit determinations involved are being made)
  they are both still living, or
  `(B) 100 percent of such combined total, up to but not exceeding the
  maximum amount that may be counted for that year without exceeding the
  ceiling imposed for that year under section 215(e), if (at the close of
  such month) one of them has died.
  `(2) Nothing in this section shall have any effect upon the crediting
  of wages and self-employment income to any individual for any calendar
  year not included in the period of such individual's marriage; but to the
  extent that wages and self-employment income are credited pursuant to this
  section the other provisions of this title specifying the manner in which
  wages and self-employment income are to be credited shall (to the extent
  inconsistent with this section) be inapplicable.
  `(3) As used in this section, the term `spouse' includes a divorced spouse,
  a surviving spouse, a surviving divorced wife, and a surviving divorced
  husband except where the context requires otherwise.
  `(d) Subsections (b) and (c) shall not apply with respect to the crediting
  of wages and self-employment income for any calendar year, in the case of
  any individual and his or her spouse, if--
  `(1) as a result of the application of such subsections with respect to
  that year either of them would cease to be a fully insured individual
  (as defined in section 214(a)), or
  `(2) one of them is applying for disability insurance benefits (or for the
  establishment of a period of disability) and as a result of the application
  of such subsections with respect to that year would cease to be insured
  for such benefits under section 223(c)(1) (or for such a period under
  section 216(i)(3)).
  `(e) Subsections (b) and (c) shall not apply for purposes of determining
  the amount of the benefit payable to any individual for any month if--
  `(1) the total amount of the wages and self-employment income credited
  to such individual for the period of his or her marriage, as determined
  without regard to this section, is higher than the total amount of the
  wages and self-employment income credited to such individual's spouse for
  that period, as so determined, and
  `(2) such individual's spouse (taking subsections (b) and (c) into account)
  has not filed application for old-age or disability insurance benefits by
  the close of such month.
  `(f) Notwithstanding any of the preceding provisions of this section--
  `(1) benefits payable under subsection (d) or (h) of section 202 on
  the basis of the wages and self-employment income of any individual,
  and benefits payable under subsection (b), (c), (e), (f), or (g) of such
  section 202 (on the basis of such wages and self-employment income) to
  any person other than a spouse who has shared in or been credited with a
  part of such individual's earnings under subsections (b) and (c) of this
  section, shall be determined as though this section had not been enacted if--
  `(A) the application of this section has changed such individual's primary
  insurance amount from what it would otherwise have been, and
  `(B) the crediting of wages and self-employment income to such individual
  and his or her spouse without regard to this section would increase the
  amount of such benefits; and
  `(2) in the application of section 203(a) (relating to maximum family
  benefits) with respect to benefits payable on the basis of the wages
  and self-employment income of any individual, where all or any part of
  the wages and self-employment income of such individual and his or her
  spouse was credited to them in accordance with this section, the primary
  insurance amount of such individual (and the crediting of his or her wages
  and self-employment income) shall be determined in accordance with this
  section but the benefits payable to any other person on the basis of the
  wages and self-employment income of such individual shall be determined
  as though this section had not been enacted and as though such person
  had made application for any benefit or benefits to which he or she would
  (upon such application) be entitled.
  `(g) Notwithstanding any other provision of this title, no wife's, husband's,
  widow's, or widower's insurance benefit shall be paid to any individual
  for any month under subsection (b), (c), (e), or (f) of section 202,
  and no individual shall be entitled to any such benefit, unless--
  `(1) the period of such individual's marriage (to the spouse or former
  spouse on the basis of whose wages and self-employment income such benefit
  is payable) ended before the effective date of this section,
  `(2) such individual is under the age of 62 (and is otherwise entitled to
  such benefit),
  `(3) such benefit is payable without regard to age and solely by reason
  of such individual's having a child in his or her care, or
  `(4) the application of this section to such individual is prevented
  by subsection (a), (d), or (e) (or by clause (i) or (ii) of subsection
  (b)(2)(B)).
  `(h) For purposes of subsections (b)(2) and (e), an individual's application
  for old-age or disability insurance benefits shall be deemed to have been
  filed on the first day of the first month for which (by reason of the
  operation of section 202(j) or 223(b)) such individual is entitled to
  such benefits.'.
  (b) CONFORMING AMENDMENTS-
  (1) Section 202(b)(1) of such Act (42 U.S.C. 402(b)(1)) is amended by
  striking `The wife' and inserting `To the extent permitted by section
  234(g), the wife'.
  (2) Section 202(c)(1) of such Act (42 U.S.C. 402(c)(1)) is amended by
  striking `The husband' and inserting `To the extent permitted by section
  234(g), the husband'.
  (3) Section 202(e)(1) of such Act (42 U.S.C. 402(e)(1)) is amended by
  striking `The widow' and inserting `To the extent permitted by section
  234(g), the widow'.
  (4) Section 202(f)(1) of such Act (42 U.S.C. 402(f)(1)) is amended by
  striking `The widower' and inserting `To the extent permitted by section
  234(g), the widower'.
  (5) Section 205(c)(5) of such Act (42 U.S.C. 405(c)(5)) is amended--
  (A) by striking `or' at the end of subparagraph (I);
  (B) by striking the period at the end of subparagraph (J) and inserting
  `; or'; and
  (C) by adding at the end the following new subparagraph:
  `(K) to reflect any changes in the crediting of wages and self-employment
  income which may be necessitated by section 234.'.
  (6) Section 215(b) of such Act (42 U.S.C. 415(b)) is amended by adding at
  the end the following new paragraph:
  `(5) The determination of the wages and self-employment income to be
  credited to an individual under this subsection shall in all cases be made
  after the application of section 234.'.
SEC. 443. EFFECTIVE DATE AND TERMINATION.
  (a) EFFECTIVE DATE- Except as provided in subsection (b), the amendments
  made by this Act shall apply only with respect to the crediting of wages
  and self-employment income to years in periods of marriage (as defined
  in section 234(b)(2) of the Social Security Act) ending after the date
  of the enactment of this Act, and with respect to the payment of benefits
  for months after December 1991.
  (b) TERMINATION-
  (1) IN GENERAL- Subsection (a) of section 234 of the Social Security Act,
  as added by the first section of this Act, shall terminate on December 31,
  2015, and shall apply only with respect to benefits payable for months
  ending on or before that date.
  (2) PERIODIC STUDIES- The appropriate committees of the House of
  Representatives and the Senate shall conduct a study, in 1993 and in each
  fifth year thereafter occurring prior to the date specified in paragraph
  (1), in order to determine the probable impact upon beneficiaries of the
  termination of section 234(a) of the Social Security Act on such date,
  giving particular attention to the numbers and types of beneficiaries
  who are likely to be harmed by such termination and the extent to which
  their benefits are likely to be adversely affected. Such committees shall
  promptly report the results of each such study to their respective Houses,
  together with their recommendations with respect to such termination.
Subtitle E--Former Military Spouses
SEC. 451. APPLICABILITY TO PREVIOUS DIVORCES OF CHANGE IN RULES FOR COMPUTING
MAXIMUM FORMER SPOUSE SHARE OF MILITARY RETIRED PAY.
  (a) CHANGE IN APPLICABILITY- Paragraph (2) of section 555(e) of the National
  Defense Authorization Act for Fiscal Year 1991 (Public Law 101-510; 104
  Stat. 1570) is amended to read as follows:
  `(2) The amendments made by subsections (b), (c), and (d) apply to divorces,
  dissolutions of marriage, annulments, and legal separations that become
  effective at any time, whether before, on, or after the date of the
  enactment of this Act.'.
  (b) EFFECTIVE DATE OF CHANGES- Any change in payments of military retired
  or retainer pay by reason of subsection (a) may apply only to payments of
  military retired or retainer pay payable for months beginning after the
  end of the 90-day period beginning on the date of the enactment of this Act.
Subtitle F--Federal Employees Former Spouses
SEC. 461. AMENDMENTS TO THE CIVIL SERVICE RETIREMENT SPOUSE EQUITY ACT OF 1984.
  (a) ELIMINATION OF BARS TO ELIGIBILITY- Section 4(b) of the Civil Service
  Retirement Spouse Equity Act of 1984 (5 U.S.C. 8341 note), hereinafter in
  this Act referred to as the `Spouse Equity Act', is amended--
  (1) in paragraph (1)(B)(i), by striking `after September 14, 1978, and'; and
  (2) by striking paragraph (4).
  (b) NEW DEADLINE FOR APPLICATIONS-
  (1) IN GENERAL- Section 4(b)(1)(B)(iv) of the Spouse Equity Act is amended
  by striking `May 7, 1989' and inserting `May 7, 1993'.
  (2) AUTHORITY TO WAIVE DEADLINE- Section 4(b) of the Spouse Equity Act is
  amended by adding at the end the following:
  `(6)(A) The Director of the Office of Personnel Management may waive the
  deadline under paragraph (1)(B)(iv) in any case in which the Director
  determines that the circumstances so warrant.
  `(B) In making a determination under this paragraph, one of the factors
  which may be taken into account is whether the individual involved has
  previously submitted a timely application under this section--
  `(i) which was denied; but
  `(ii) which, based on criteria applied under this section pursuant to
  changes in law subsequent to the denial, would have been approved.'.
SEC. 462. HEALTH BENEFITS.
  Any individual who, under the provisions of section 4(b) of the Spouse
  Equity Act (as amended by section 461), is entitled to a survivor annuity
  described in such provisions, may, within 12 months after the date on which
  such individual first becomes so entitled (or the date of the enactment
  of this Act, if later), and if such individual meets the definition of
  a former spouse under section 8901(10) of title 5, United States Code
  (determined without regard to subparagraph (C) thereof), enroll in an
  approved health benefits plan described in section 8903 of such title,
  under the conditions set forth in section 8905(c) of such title (excluding
  subparagraphs (A) and (B) of paragraph (1) of such section 8905(c)).