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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2790 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 2790

  To ensure economic equity for American women and their families by 
      promoting fairness in the workplace; creating new economic 
  opportunities for women workers and women business owners; helping 
   workers better meet the competing demands of work and family; and 
enhancing economic self-sufficiency through public and private pension 
             reform and improved child support enforcement.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             July 28, 1993

    Mrs. Schroeder (for herself, Ms. Snowe, Mrs. Mink, Ms. Brown of 
   Florida, Mrs. Collins of Illinois, Miss Collins of Michigan, Ms. 
   DeLauro, Ms. Eshoo, Ms. Harman, Mrs. Johnson of Connecticut, Ms. 
Kaptur, Mrs. Kennelly, Ms. Lambert, Mrs. Lloyd, Mrs. Lowey, Mrs. Meek, 
 Mrs. Morella, Ms. Norton, Ms. Pelosi, Ms. Roybal-Allard, Ms. Schenk, 
Mrs. Unsoeld, Ms. Velazquez, Ms. Waters, Ms. Woolsey, Mr. Dellums, Mr. 
  Frank of Massachusetts, Mr. LaFalce, Mr. McDermott, Mr. Moran, Mr. 
 Rangel, Mr. Reed, Mr. Sawyer, Mr. Stokes, and Mr. Studds) introduced 
  the following bill; which was referred jointly to the Committees on 
       Education and Labor, Post Office and Civil Service, House 
Administration, Rules, Ways and Means, Small Business, Banking, Finance 
 and Urban Affairs, the Judiciary, Natural Resources, Foreign Affairs, 
                           and Armed Services

_______________________________________________________________________

                                 A BILL

 
  To ensure economic equity for American women and their families by 
      promoting fairness in the workplace; creating new economic 
  opportunities for women workers and women business owners; helping 
   workers better meet the competing demands of work and family; and 
enhancing economic self-sufficiency through public and private pension 
             reform and improved child support enforcement.

    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 of 1993''.

                      TITLE I--WORKPLACE FAIRNESS

                     Subtitle A--Equal Remedies Act

SEC. 101. SHORT TITLE.

    This subtitle may be cited as the ``Equal Remedies Act of 1993''.

SEC. 102. EQUALIZATION OF REMEDIES.

    Section 1977A of the Revised Statutes, as added by section 102 of 
the Civil Rights Act of 1991, is amended--
            (1) in subsection (b)--
                    (A) by striking paragraph (3), and
                    (B) by redesignating paragraph (4) as paragraph 
                (3), and
            (2) in subsection (c) by striking ``section--'' and all 
        that follows through the period, and inserting ``section, any 
        party may demand a jury trial.''.

               Subtitle B--Federal Employees Fairness Act

SEC. 111. SHORT TITLE.

    This subtitle may be cited as the ``Federal Employee Fairness Act 
of 1993''.

SEC. 112. AMENDMENTS RELATING TO ADMINISTRATIVE DETERMINATION OF 
              FEDERAL EMPLOYEE DISCRIMINATION CLAIMS.

    (a) Definitions.--Section 701 of the Civil Rights Act of 1964 (42 
U.S.C. 2000e) is amended--
            (1) in paragraph (f) by striking ``The term'' and inserting 
        ``Except when it appears as part of the term `Federal 
        employee', the term'', and
            (2) by adding at the end the following:
    ``(o) The term `Commission' means the Equal Employment Opportunity 
Commission.
    ``(p) The term `entity of the Federal Government' means an entity 
to which section 717(a) applies, except that such term does not include 
the Library of Congress.
    ``(q) The term `Federal employee' means an individual employed by, 
or who applies for employment with, an entity of the Federal 
Government.
    ``(r) The term `Federal employment' means employment by an entity 
of the Federal Government.
    ``(s) The terms `government', `government agency', and `political 
subdivision' do not include an entity of the Federal Government.''.
    (b) EEOC Determination of Federal Employment Discrimination 
Claims.--Section 717 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-
16) is amended--
            (1) in subsection (b)--
                    (A) by inserting ``(1)'' after ``(b)'',
                    (B) in the second sentence--
                            (i) by redesignating paragraphs (1), (2), 
                        and (3), as subparagraphs (A), (B), and (C), 
                        respectively,
                            (ii) in the subparagraph (B), as so 
                        redesignated, by striking ``and'' at the end,
                            (iii) in subparagraph (C), as so 
                        redesignated, by striking the period at the end 
                        and inserting ``; and'', and
                            (iv) by inserting after subparagraph (C), 
                        as so redesignated, the following:
            ``(D) require each entity of the Federal Government--
                    ``(i) to make counseling available to Federal 
                employees who choose to notify such entity that they 
                believe such entity has discriminated against them in 
                violation of subsection (a), for the purpose of trying 
                to resolve the matters with respect to which such 
                discrimination is alleged (Such entity shall assist 
                such employee to identify the respondent required by 
                subsection (c)(1) to be named in a complaint alleging 
                such violation, shall inform such Federal employee 
                individually of the procedures and deadlines that apply 
                under this section to a claim alleging such 
                discrimination, and shall make such counseling 
                available throughout the administrative process.);
                    ``(ii) to establish a voluntary alternative dispute 
                process to resolve complaints, except that a Federal 
                employee's decision to forgo such process shall not 
                affect the rights of such employee under this title;
                    ``(iii) not to discourage Federal employees from 
                filing complaints on any matter relating to 
                discrimination in violation of this section; and
                    ``(iv) not to require Federal employees to 
                participate in counseling made available under clause 
                (i) or in a dispute resolution process made available 
                under clause (ii).'',
                    (C) in the third sentence by striking ``The'' and 
                inserting the following:
    ``(2) The'',
                    (D) in the fourth sentence by redesignating 
                paragraphs (1) and (2) as subparagraphs (A) and (B), 
                respectively,
                    (E) in the last sentence by striking ``With'' and 
                inserting the following:
    ``(3) With'', and
                    (F) by adding at the end the following:
    ``(4)(A) Subject to subparagraph (B), an unlawful employment 
practice of the kind described in section 704(a) is established under 
this section if an employee or applicant for employment demonstrates 
that his making a charge, testifying, assisting, or participating in 
any manner in an investigation, proceeding, or hearing under this title 
was a contributing factor in an adverse personnel action that was taken 
or is to be taken against such employee or applicant.
    ``(B) Relief under this section may not be granted if the 
respondent demonstrates by clear and convincing evidence that it would 
have taken the same personnel action in the absence of such 
disclosure.'',
            (2) by striking subsection (c),
            (3) in subsection (d)--
                    (A) by inserting ``(1)'' after ``(d)'',
                    (B) by striking ``(k)'' and inserting ``(j)'',
                    (C) by striking ``brought hereunder'' and inserting 
                ``commenced under this section'', and
                    (D) by adding at the end the following:
    ``(2) The head of the department, agency, or unit in which 
discrimination in violation of subsection (a) is alleged to have 
occurred shall be the defendant in a civil action alleging such 
violation. If a department, unit, or agency is named as the defendant, 
the court shall freely grant leave to amend the complaint to name the 
head of such department, agency, or unit.
    ``(3) In any action or proceeding under this section, the court, in 
its discretion, may allow the prevailing party (other than an entity of 
the Federal Government) a reasonable attorney's fee (including expert 
fees) and costs as a court has authority to award under section 706(k), 
as amended from time to time, and the same interest to compensate for 
delay in payment as in cases involving nonpublic parties.'',
            (4) by redesignating subsections (d) and (e) as subsections 
        (o) and (p), respectively, and
            (5) by inserting after subsection (b) the following:
    ``(c)(1)(A) Except as provided in subparagraph (B), a complaint 
filed by or on behalf of a Federal employee or a class of Federal 
employees and alleging a claim of discrimination arising under 
subsection (a) shall name as the respondent, and be filed with, the 
head of the department, agency, or unit in which such discrimination is 
alleged to have occurred, or with the Commission, not later than 180 
days after the alleged discrimination occurs.
    ``(B) If, not later than 180 days after the alleged discrimination 
occurs, the complaint is filed--
            ``(i) with such department, agency, or unit and fails to 
        name the head of the department, agency, or unit as the 
        respondent; or
            ``(ii) with any other entity of the Federal Government, 
        regardless of the respondent named;
the complaint shall be considered to be filed in compliance with 
subparagraph (A).
    ``(2)(A) If the complaint is filed with an entity of the Federal 
Government other than the department, agency, or unit in which such 
discrimination is alleged to have occurred, then--
            ``(i) such entity (other than the Commission) shall 
        transmit the complaint to the Commission, not later than 15 
        days after receiving the complaint; and
            ``(ii) the Commission shall transmit a copy of the 
        complaint, not later than 10 days after receiving the 
        complaint, to the head of the department, agency, or unit in 
        which such discrimination is alleged to have occurred 
        (hereinafter in this section referred to as the `respondent').
    ``(3)(A) Not later than 3 days after the respondent receives the 
complaint from a source other than the Commission, the respondent shall 
notify the Commission that the respondent has received the complaint 
and shall inform the Commission of the identity of the Federal employee 
aggrieved by the discrimination alleged in the complaint.
    ``(B) Not later than 10 days after the respondent or the Merit 
Systems Protection Board receives the complaint from a source other 
than the Commission, the respondent or the Board shall transmit to the 
Commission a copy of the complaint.
    ``(d) Throughout the period beginning on the date the respondent 
receives the complaint and ending on the latest date by which all 
administrative and judicial proceedings available under this section 
have been concluded with respect to such claim, the respondent shall 
collect and preserve documents and information (including the 
complaint) that are relevant to such claim, including the documents and 
information that comply with rules issued by the Commission.
    ``(e)(1) The respondent shall make reasonable efforts to conciliate 
each claim alleged in the complaint during--
            ``(A) the 30-day period; or
            ``(B) with the written consent of the aggrieved Federal 
        employee, the 60-day period;
 beginning on the date the respondent receives the complaint.
    ``(2) Before the expiration of the applicable period specified in 
paragraph (1) and with respect to such claim, the respondent shall--
            ``(A) enter into a settlement agreement with such Federal 
        employee; or
            ``(B) give formal written notice to such Federal employee 
        that such Federal employee may, before the expiration of the 
        90-day period beginning on the date such Federal employee 
        receives such notice, either--
                    ``(i) file with the Commission--
                            ``(I) a written request for a determination 
                        of such claim under subsection (f) by an 
                        administrative judge of the Commission;
                            ``(II) if such claim alleges discrimination 
                        in the Commission or alleges an action 
                        appealable to the Merit Systems Protection 
                        Board, a written request electing that a 
                        determination of such claim be made under the 
                        procedures specified in either subparagraph (A) 
                        or (B) of section 7702(a)(2) of title 5, United 
                        States Code, or a request described in 
                        subclause (I); or
                            ``(III) if such claim alleges a grievance 
                        that is subject to section 7121 of title 5, 
                        United States Code, but not appealable to the 
                        Merit Systems Protection Board, a written 
                        request to raise such claim under the 
                        administrative and judicial procedures provided 
                        in such section 7121 or a request described in 
                        subclause (I); or
                    ``(ii) commence a civil action in an appropriate 
                district court of the United States for de novo review 
                of such claim.
    ``(3)(A) Such Federal employee may file a written request described 
in paragraph (2)(B)(i), or commence a civil action described in 
paragraph (2)(B)(ii), at any time--
            ``(i) after the expiration of the applicable period 
        specified in paragraph (1); and
            ``(ii) before the expiration of the 90-day period specified 
        in paragraph (2).
    ``(B) If such Federal employee files a written request under 
subclause (II) or (III) of paragraph (2)(B)(i) and in accordance with 
subparagraph (A), the Commission shall transmit, not later than 10 days 
after receipt of such request, the complaint to the appropriate agency 
for determination.
    ``(f)(1) If such Federal employee files a written request under 
subsection (e)(2)(B)(i)(I) and in accordance with subsection (e)(3)(A) 
with the Commission for a determination under this subsection of a 
claim with respect to which notice is required by subsection (e)(2), 
then the Commission shall transmit a copy of such request to the 
respondent and shall appoint an administrative judge of the Commission 
to determine such claim.
    ``(2) Immediately after receiving a copy of a request under 
subsection (e)(2)(B)(i), the respondent shall transmit--
            ``(A) to the Commission if such request is for a 
        determination under this subsection; or
            ``(B) to the Merit Systems Protection Board if such request 
        is for a determination be made under the procedures specified 
        in section 7702(a)(2)(A) of title 5, United States Code;
a copy of all documents and information collected by the respondent 
under subsection (d) with respect to such claim.
    ``(3)(A)(i) If the administrative judge determines there are 
reasonable grounds to believe that to carry out the purposes of this 
section it is necessary to stay a personnel action by the respondent 
against the aggrieved Federal employee, the administrative judge may 
request any member of the Commission to issue a stay against such 
personnel action for 15 calendar days.
    ``(ii) A stay requested under clause (i) shall take effect on the 
earlier of--
            ``(I) the order of such member; and
            ``(II) the fourth calendar day (excluding Saturday, Sunday, 
        and any legal public holiday) following the date on which such 
        stay is requested unless the request is denied before the 
        expiration of the 15-day period beginning on such fourth day.
    ``(B) The administrative judge may request any member of the 
Commission to extend, for a period not to exceed 30 calendar days, a 
stay issued under subparagraph (A).
    ``(C) The administrative judge may request the Commission to extend 
such stay for any period the Commission considers to be appropriate 
beyond the period in effect under subparagraph (A) or (B).
    ``(D)(i) Members of the Commission shall have authority to issue 
and extend a stay for the periods referred to in subparagraphs (A) and 
(B). The Commission shall have authority to extend a stay in accordance 
with subparagraph (C) for any period.
    ``(ii) The respondent shall comply with a stay in effect under this 
paragraph.
    ``(4) The administrative judge shall determine whether the 
documents and information received under paragraph (2) comply with 
subsection (d) and are complete and accurate. If the administrative 
judge finds that the respondent has failed to produce the documents and 
information necessary to comply with such subsection, the 
administrative judge shall, in the absence of good cause shown by the 
respondent, impose any of the sanctions specified in paragraph (6)(C) 
and shall require the respondent--
            ``(A) to obtain any additional documents and information 
        necessary to comply with such subsection; and
            ``(B) to correct any inaccuracy in the documents and 
        information so received.
    ``(5)(A) After examining the documents and information received 
under paragraph (4), the administrative judge shall issue an order 
dismissing--
            ``(i) any frivolous claim alleged in the complaint; and
            ``(ii) the complaint if it fails to state a nonfrivolous 
        claim for which relief may be granted under this section.
    ``(B)(i) If a claim or the complaint is dismissed under 
subparagraph (A), the administrative judge shall give formal written 
notice to the aggrieved Federal employee that such Federal employee 
may, before the expiration of the 90-day period beginning on the date 
such Federal employee receives such notice--
            ``(I) file with the Commission a written request for 
        appellate review of such order; or
            ``(II) commence a civil action in an appropriate district 
        court of the United States for de novo review of such claim or 
        such complaint.
    ``(ii) Such Federal employee may commence such civil action in the 
90-day period specified in clause (i).
    ``(6)(A)(i) If the complaint is not dismissed under paragraph 
(5)(A), the administrative judge shall make a determination, after an 
opportunity for a hearing, on the merits of each claim that is not 
dismissed under such paragraph. The administrative judge shall make a 
determination on the merits of any other nonfrivolous claim under this 
title, and on any action such Federal employee may appeal to the Merit 
Systems Protection Board, reasonably expected to arise from the facts 
on which the complaint is based.
    ``(ii) On the request of the aggrieved Federal employee, the 
administrative judge shall--
            ``(I) determine whether the administrative proceeding with 
        respect to such claim may be maintained as a class proceeding; 
        and
            ``(II) if the administrative proceeding may be so 
        maintained, shall describe those whom the administrative judge 
        finds to be members of such class.
    ``(B) With respect to such claim, a party may conduct discovery by 
such means as may be available in a civil action to the extent deemed 
appropriate by the administrative judge.
    ``(C) If the aggrieved Federal employee or the respondent fails 
without good cause to respond fully and in a timely fashion to a 
request made or approved by the administrative judge for information or 
the attendance of a witness, and if such information or such witness is 
solely in the control of the party who so fails to respond, then the 
administrative judge shall--
            ``(i) draw an adverse inference that the requested 
        information, or the testimony of the requested witness, would 
        have reflected unfavorably on the party who so fails to 
        respond;
            ``(ii) consider the matters to which such information or 
        such testimony pertains to be established in favor of the 
        opposing party;
            ``(iii) exclude other evidence offered by the party who so 
        fails to respond;
            ``(iv) grant full or partial relief, including--
                    ``(I) relief of the kinds described in section 
                706(g); and
                    ``(II) compensatory damages for unlawful 
                intentional discrimination (not an employment practice 
                that is unlawful because of its disparate impact) 
                prohibited under this section, subject to the 
                limitations specified in section 1977A(b)(3) of the 
                Revised Statutes of the United States;
        to the aggrieved Federal employee; or
            ``(v) take such other action the administrative judge 
        considers to be appropriate.
    ``(D) In a hearing on a claim, the administrative judge shall--
            ``(i) limit attendance to persons who have a direct 
        connection with such claim;
            ``(ii) bring out pertinent facts and relevant employment 
        practices and policies, but--
                    ``(I) exclude irrelevant or unduly repetitious 
                information; and
                    ``(II) not apply the Federal Rules of Evidence 
                strictly;
            ``(iii) permit all parties to examine and cross examine 
        witnesses; and
            ``(iv) require that testimony be given under oath or 
        affirmation.
    ``(E) At the request of any party or the administrative judge, a 
transcript of all or part of such hearing shall be provided in a timely 
manner and simultaneously to the parties and the Commission. The 
respondent shall bear the cost of providing such transcript.
    ``(F) The administrative judge shall have authority--
            ``(i) to administer oaths and affirmations;
            ``(ii) to regulate the course of hearings;
            ``(iii) to rule on offers of proof and receive evidence;
            ``(iv) to issue subpoenas to compel--
                    ``(I) the production of documents or information by 
                the entity of the Federal Government in which 
                discrimination is alleged to have occurred; and
                    ``(II) the attendance of witnesses who are Federal 
                officers or employees of such entity;
            ``(v) to request the Commission to issue subpoenas to 
        compel the production of documents or information by any other 
        entity of the Federal Government and the attendance of other 
        witnesses, except that any witness who is not an officer or 
        employee of an entity of the Federal Government may be 
        compelled only to attend any place--
                    ``(I) less than 100 miles from the place where such 
                witness resides, is employed, transacts business in 
                person, or is served; or
                    ``(II) at such other convenient place as is fixed 
                by the administrative judge;
        and shall be paid fees and allowances, by the party that 
        requests the subpoena, to the same extent that fees and 
        allowances are paid to witnesses under chapter 119 of title 28, 
        United States Code, as amended from time to time;
            ``(vi) to exclude witnesses whose testimony would be unduly 
        repetitious;
            ``(vii) to exclude any person from a hearing for 
        contumacious conduct, or for misbehavior, that obstructs such 
        hearing; and
            ``(viii) to grant full or partial relief, including--
                    ``(I) relief of the kinds described in section 
                706(g); and
                    ``(II) compensatory damages for unlawful 
                intentional discrimination (not an employment practice 
                that is unlawful because of its disparate impact) 
                prohibited under this section, subject to the 
                limitations specified in section 1977A(b)(3) of the 
                Revised Statutes of the United States.
    ``(G) The administrative judge and the Commission shall have 
authority to award--
            ``(i) a reasonable attorney's fee (including expert fees) 
        and costs as a court has authority to award under section 
        706(k), as amended from time to time; and
            ``(ii) the same interest to compensate for delay in payment 
        as in cases involving nonpublic parties.
    ``(H) The Commission shall have authority to issue subpoenas 
described in subparagraph (F)(v).
    ``(I) In the case of contumacy or failure to obey a subpoena issued 
under subparagraph (F) or (H), the United States district court for the 
judicial district in which the person to whom the subpoena is addressed 
resides or is served may issue an order requiring such person to appear 
at any designated place to testify or to produce documentary or other 
evidence.
    ``(7)(A) Except as provided in subparagraph (B), the administrative 
judge shall issue a written order making the determination required by 
paragraph (6)(A), and granting or denying relief, not later than--
            ``(i) 210 days after the complaint containing such claim is 
        filed on behalf of a Federal employee; or
            ``(ii) 270 days after the complaint containing such claim 
        is filed on behalf of a class of Federal employees;
except that these time periods shall not begin running until 30 days 
after the administrative judge is assigned to the case if the 
administrative judge certifies, in writing, that such 30-day period is 
needed to secure additional documents or information from the 
respondent to have a complete administrative record.
    ``(B) The administrative judge shall issue such order not later 
than 30 days after the applicable period specified in subparagraph (A) 
if the administrative judge certifies in writing, before the expiration 
of such applicable period--
            ``(i) that such 30-day period is necessary to make such 
        determination; and
            ``(ii) the particular and unusual circumstances that 
        prevent the administrative judge from complying with the 
        applicable period specified in subparagraph (A).
    ``(C) The administrative judge may apply to the Commission to 
extend any period applicable under subparagraph (A) or (B) if manifest 
injustice would occur in the absence of such an extension.
    ``(D) The Commission--
            ``(i) may not grant such extension; or
            ``(ii) shall terminate such extension;
if the aggrieved Federal employee shows that such extension would 
prejudice a claim of, or otherwise harm, such Federal employee.
    ``(E) In addition to findings of fact and conclusions of law, such 
order shall include formal written notice to each party that before the 
expiration of the 90-day period beginning on the date such party 
receives such order--
            ``(i) the aggrieved Federal employee may commence a civil 
        action in an appropriate district court of the United States 
        for de novo review of a claim with respect to which such order 
        is issued; and
            ``(ii) unless and until a civil action is commenced in such 
        90-day period under clause (i) with respect to such claim, any 
        party may file with the Commission a written request for 
        appellate review of the determination made, and relief granted 
        or denied, in such order with respect to such claim.
    ``(F) Such Federal employee may commence such civil action at any 
time--
            ``(i) after the expiration of the applicable period 
        specified in subparagraph (A) or (B); and
            ``(ii) before the expiration of the 90-day period beginning 
        on the date such Federal employee receives an order described 
        in subparagraph (A).
    ``(G) If such order applies to more than one claim and if such 
employee neither--
            ``(i) commences a civil action in accordance with 
        subparagraph (E)(i); nor
            ``(ii) requests appellate review in accordance with 
        subparagraph (E)(ii);
with respect to a particular claim, then the determination made, and 
relief granted, in such order with respect to such particular claim 
shall be enforceable immediately.
    ``(g)(1) If a party files timely a written request in accordance 
with subsection (f)(5)(B)(i) or (f)(7)(E)(ii) with the Commission for 
appellate review of the determination made, and relief granted or 
denied, with respect to a claim in such order, then the Commission 
shall immediately transmit a copy of such request to the other parties 
involved and to the administrative judge who issued such order.
    ``(2) Not later than 7 days after receiving a copy of such request, 
the administrative judge shall transmit to the Commission the record of 
the proceeding on which such order is based, including all documents 
and information collected by the respondent under subsection (d).
    ``(3)(A) After allowing the parties to file briefs with respect to 
such determination, the Commission shall issue an order with respect to 
such claim affirming, reversing, or modifying the applicable provisions 
of the order of the administrative judge not later than--
            ``(i) 150 days after receiving such request; or
            ``(ii) 30 days after such 150-day period if the Commission 
        certifies in writing, before the expiration of such 150-day 
        period--
                    ``(I) that such 30-day period is necessary to 
                review such claim; and
                    ``(II) the particular and unusual circumstances 
                that prevent the Commission from complying with clause 
                (i).
    ``(B) The Commission shall affirm the determination made, and 
relief granted or denied, by the administrative judge with respect to 
such claim if such determination and such relief are supported by 
substantial evidence in the record taken as a whole and are otherwise 
in accordance with law. The findings of fact of the administrative 
judge shall be conclusive unless the Commission determines that they 
are clearly erroneous.
    ``(C) In addition to findings of fact and conclusions of law, the 
Commission shall include in its order formal written notice to the 
aggrieved Federal employee that, before the expiration of the 90-day 
period beginning on the date such Federal employee receives such order, 
such Federal employee may commence a civil action in an appropriate 
district court of the United States for de novo review of a claim with 
respect to which such order is issued.
    ``(D) Such Federal employee may commence such civil action at any 
time--
            ``(i) after the expiration of the applicable period 
        specified in subparagraph (A); and
            ``(ii) before the expiration of the 90-day period specified 
        in subparagraph (C).
    ``(h)(1) In addition to the periods authorized by subsections 
(f)(7)(E) and (g)(3)(D)--
            ``(A) during the period beginning 300 days after an 
        aggrieved Federal employee timely requests an administrative 
        determination under subsection (f) with respect to a claim and 
        ending on the date the administrative judge issues an order 
        under such subsection with respect to such claim; and
            ``(B) during the period beginning 180 days after such 
        Federal employee timely requests appellate review under 
        subsection (g) of such determination with respect to such claim 
        and ending on the date the Commission issues an order under 
        such subsection with respect to such claim;
such Federal employee may commence a civil action in an appropriate 
district court of the United States for de novo review of such claim.
    ``(2) Whenever a civil action is commenced timely and otherwise in 
accordance with this section to determine the merits of a claim arising 
under this section, the jurisdiction of the administrative judge or the 
Commission (as the case may be) to determine the merits of such claim 
shall terminate.
    ``(i) A Federal employee who prevails on a claim arising under this 
section, or the Commission, may bring a civil action in an appropriate 
district court of the United States to enforce--
            ``(1) the provisions of a settlement agreement applicable 
        to such claim;
            ``(2) the provisions of an order issued by an 
        administrative judge under subsection (f)(7)(A) applicable to 
        such claim if--
                    ``(A) a request is not filed timely under 
                subsection (g)(1) for appellate review by the 
                Commission; and
                    ``(B) a civil action is not commenced timely under 
                subsection (g)(3)(D) for de novo review;
        of such claim; or
            ``(3) the provisions of an order issued by the Commission 
        under subsection (g)(3)(A) applicable to such claim if a civil 
        action is not commenced timely under subsection (g)(3)(D) for 
        de novo review of such claim.
    ``(j) Any amount awarded under this section (including fees, costs, 
and interest awarded under subsection (f)(6)(G)), or under title 28 of 
the United States Code, with respect to a violation of subsection (a), 
shall be paid by the entity of the Federal Government that violated 
such subsection from any funds made available to such entity by 
appropriation or otherwise.
    ``(k) An entity of the Federal Government against which a claim of 
discrimination is alleged in a complaint filed in an administrative 
proceeding or a civil action under this section shall grant the 
aggrieved Federal employee paid administrative leave for time 
reasonably expended to prepare for, and participate in, such proceeding 
or action. Such leave shall be granted in accordance with regulations 
issued by the Commission, except that such leave shall include 
reasonable time for--
            ``(1) preparation of a complaint based on such allegation;
            ``(2) attendance at such proceeding or action;
            ``(3) attendance at depositions;
            ``(4) meetings with counsel; and
            ``(5) other ordinary and legitimate undertakings in such 
        proceeding or action, that require the presence of such Federal 
        employee.
    ``(l)(1) In enforcing compliance with an order issued by an 
administrative judge or the Commission, the Commission may make a 
written determination that--
            ``(A) any officer or employee of the agency, department, or 
        unit charged with complying with such order, or
            ``(B) any officer or employee of the United States 
        determined to be responsible for the failure of the agency, 
        department, or unit to comply with such order,
who is not an officer or employee appointed by the President by and 
with the advice and consent of the Senate, shall not be entitled to 
receive payment for service as an officer or employee for the period 
during which such order has not been complied with. The Commission 
shall certify to the Comptroller General of the United States that a 
determination under this paragraph has been made, and no payment shall 
be made out of the Treasury of the United States for any service 
specified in such determination.
    ``(2) In enforcing compliance with such order with respect to any 
officer or employee described in subparagraph (A) or (B) of paragraph 
(1) who is an officer or employee appointed by the President by and 
with the advice and consent of the Senate, the Commission may notify 
the President that such officer or employee has failed to obey such 
order.
    ``(m) If with respect to the merits of a claim of intentional 
discrimination (other than an employment practice that is unlawful 
because of its disparate impact) prohibited by this section, a Federal 
employee prevails in a proceeding under subsection (f) or a civil 
action commenced under this section, the finder of fact in such 
proceeding shall identify each individual believed to have engaged in 
conduct that is the basis of such discrimination. Not later than 15 
days after issuing an order finding liability under this section, the 
administrative judge or the district court involved shall notify the 
Office of Special Counsel of the identity of such individual and the 
fact that such individual is believed to have engaged in conduct that 
is the basis of liability found on such claim in such proceeding or 
action.
    ``(n) This section, as in effect immediately before the effective 
date of the Federal Employee Fairness Act of 1993, shall apply with 
respect to employment in the Library of Congress.''.

SEC. 113. AMENDMENTS TO THE AGE DISCRIMINATION IN EMPLOYMENT ACT AND 
              THE REHABILITATION ACT OF 1973.

    (a) Enforcement by EEOC.--(1) Section 15 of the Age Discrimination 
in Employment Act of 1967 (29 U.S.C. 633a) is amended--
            (A) by striking subsections (c) and (d), and
            (B) by inserting after subsection (b) the following:
    ``(c)(1)(A) Except as provided in subparagraph (B), any individual 
aggrieved by a violation of subsection (a) of this section may file a 
complaint with the Commission in accordance with section 717 of the 
Civil Rights Act of 1964.
    ``(B) Subsections (c) and (d) of this section, as in effect 
immediately before the effective date of the Federal Employee Fairness 
Act of 1993, shall apply with respect to employment in the Library of 
Congress.
    ``(2) Except as provided in paragraph (1)(B) and subsection (d), 
such section 717 shall apply to a violation alleged in a complaint 
filed under paragraph (1) in the same manner as such section applies to 
a claim arising under section 717 of such Act.
    ``(d)(1) If an individual aggrieved by a violation of this section 
does not file a complaint under subsection (c)(1), such individual may 
commence a civil action--
            ``(A) not less than 30 days after filing with the 
        Commission a notice of intent to commence such action; and
            ``(B) not more than 2 years after the alleged violation of 
        this section occurs;
in an appropriate district court of the United States for de novo 
review of such violation.
    ``(2) On receiving such notice, the Commission shall--
            ``(A) promptly notify all persons named in such notice as 
        prospective defendants in such action; and
            ``(B) take any appropriate action to ensure the elimination 
        of any unlawful practice.
    ``(3) Section 717(o) of the Civil Rights Act of 1964 (42 U.S.C. 
2000e-16(o)) shall apply to civil actions commenced under this 
subsection in the same manner as such section applies to civil actions 
commenced under section 717 of the Civil Rights Act of 1964.''.
    (2) Section 505 of the Rehabilitation Act of 1973 (29 U.S.C. 794a) 
is amended--
            (A) in subsection (a)(1)--
                    (i) by inserting ``(A)'' after ``(a)(1)'',
                    (ii) by striking ``706(k)'' and inserting 
                ``706(j)'',
                    (iii) by striking ``through (k)'' and inserting 
                ``through (j)'', and
                    (iv) by adding at the end the following:
    ``(B) The first sentence of this paragraph, as in effect 
immediately before the effective date of the Federal Employee Fairness 
Act of 1993, shall apply with respect to employment in the Library of 
Congress.'', and
            (B) in subsection (b) by striking ``In'' and inserting 
        ``Except as provided in subsection (a)(1), in''.
    (b) Opportunity To Commence Civil Action.--If a complaint filed 
under section 15 of the Age Discrimination in Employment Act of 1967 
(29 U.S.C. 633a), or section 501 of the Rehabilitation Act of 1973 (29 
U.S.C. 791)), with the Equal Employment Opportunity Commission is 
pending in the period beginning on the date of the enactment of this 
Act and ending on December 31, 1994, the individual who filed such 
complaint may commence a civil action under such section not later than 
June 30, 1995.

SEC. 114. AMENDMENTS TO TITLE 5 OF THE UNITED STATES CODE.

    (a) Grievance Procedures.--Section 7121 of title 5, United States 
Code, is amended--
            (1) in subsection (a)(1) by inserting ``administrative'' 
        after ``exclusive'', and
            (2) in subsection (d)--
                    (A) by inserting ``(1)'' after ``(d)'',
                    (B) in the first and second sentences by striking 
                ``An'' and inserting ``Except as provided in paragraph 
                (2), an'',
                    (C) in the last sentence by striking ``Selection'' 
                and all that follows through ``any other'', and 
                inserting the following:
    ``(3) An employee may commence, not later than 120 days after a 
final decision, a civil action in an appropriate district court of the 
United States for de novo review of a'', and
                    (D) by inserting after the second sentence the 
                following:
    ``(2) Matters covered under section 7702, or under a law 
administered by the Equal Employment Opportunity Commission, may be 
raised under the negotiated grievance procedure in accordance with this 
section only if an employee elects under section 717(e)(2)(B)(i)(III) 
of the Civil Rights Act of 1964 to proceed under this section.''.
    (b) Actions Involving Discrimination.--Section 7702 of title 5, 
United States Code, is amended to read as follows:
``Sec. 7702. Actions involving discrimination
    ``(a)(1) Notwithstanding any other provision of law, in the case of 
any employee or applicant for employment who--
            ``(A) is affected by--
                    ``(i) an action which the employee or applicant may 
                appeal to the Merit Systems Protection Board, or
                    ``(ii) an action, not described in clause (i)--
                            ``(I) on the part the Equal Employment 
                        Opportunity Commission, and
                            ``(II) with respect to which the employee 
                        or applicant makes an election under section 
                        717(e)(2)(B)(i)(II) of the Civil Rights Act of 
                        1964, and
            ``(B) alleges that a basis for the action was 
        discrimination prohibited by--
                    ``(i) section 717 of the Civil Rights Act of 1964 
                (42 U.S.C. 2000a-16),
                    ``(ii) section 6(d) of the Fair Labor Standards Act 
                of 1938 (29 U.S.C. 206(d)),
                    ``(iii) section 501 of the Rehabilitation Act of 
                1973 (29 U.S.C. 791),
                    ``(iv) sections 12 and 13 of the Age Discrimination 
                in Employment Act of 1967 (29 U.S.C. 631, 633a), or
                    ``(v) any rule, regulation, or policy directive 
                prescribed under any provision of law described in 
                clauses (i) through (iv) of this subparagraph,
the employee or applicant may raise the action as provided in paragraph 
(2).
    ``(2) For purposes of paragraph (1), the employee shall raise the 
action by filing a complaint with the Equal Employment Opportunity 
Commission in accordance with section 717 of the Civil Rights Act of 
1964 and shall make a request under section 717(e)(2)(B)(i) selecting 
the procedures specified in one of the following subparagraphs:
            ``(A) The administrative and judicial procedures provided 
        under sections 7701 and 7703.
            ``(B) The administrative and judicial procedures provided 
        under section 7121.
            ``(C) The administrative and judicial procedures provided 
        under section 717 of the Civil Rights Act of 1964.
    ``(3) The agency (including the Board and the Equal Employment 
Opportunity Commission) that carries out such procedures shall apply 
the substantive law that is applied by the agency that administers the 
particular law referred to in subsection (a)(1) that prohibits the 
conduct alleged to be the basis of the action referred to in subsection 
(a)(1)(A).
    ``(b) If--
            ``(1) an employee elects the procedures specified in 
        subsection (a)(2)(C), and
            ``(2) the Equal Employment Opportunity Commission dismisses 
        under section 717(f)(5)(A) of the Civil Rights Act of 1964 a 
        claim that is based on the action raised by the employee,
then the employee shall have 20 days in which to raise the action under 
the procedures specified in subparagraph (A) or (B) of subsection 
(a)(2), except that no allegation of a kind described in subsection 
(a)(1)(B) may be raised under this subsection.
    ``(c) If at any time after the 120th day following an election made 
under section 717(e)(2)(B)(i) of the Civil Rights Act of 1964 to raise 
an action under the procedures specified in subsection (a)(2)(A) there 
is no judicially reviewable action, an employee shall be entitled to 
file, not later than 240 days after making such election, a civil 
action in an appropriate district court of the United States for de 
novo review of the action raised under subsection (a).
    ``(d) Nothing in this section shall be construed to affect the 
right to trial de novo under any provision of law described in 
subsection (a)(1) after a judicially reviewable action.''.
    (c) Disciplinary Action.--(1) Section 1214 of title 5, United 
States Code, is amended by adding at the end the following:
    ``(g)(1) Whenever the Office of Special Counsel receives any 
notification, in accordance with section 717(m) of the Civil Rights Act 
of 1964, with respect to a claim arising under section 717(a) of the 
Civil Rights Act of 1964, section 15(a) of the Age Discrimination in 
Employment Act of 1967, or section 501 of the Rehabilitation Act of 
1973, the Special Counsel shall investigate the matter to the extent 
necessary to determine whether there are reasonable grounds to believe 
that a prohibited personnel practice described in section 2302(b)(1) 
has occurred and, if so, shall seek the appropriate disciplinary action 
under section 1215.
    ``(2) A determination under this subsection shall be made not later 
than 180 days after the appropriate date under paragraph (3) for the 
last applicable event described in such paragraph.
    ``(3)(A) With respect to a claim--
            ``(i) to which an order issued by an administrative judge 
        of the Equal Employment Opportunity Commission applies, and
            ``(ii) with respect to which the aggrieved employee 
        neither--
                    ``(I) commences a civil action in accordance with 
                section 717(f)(7)(E)(i) of the Civil Rights Act of 
                1964, nor
                    ``(II) requests appellate review in accordance with 
                section 717(f)(7)(E)(ii) of the Civil Rights Act of 
                1964,
the appropriate date is the date on which the Office of Special Counsel 
receives notification (referred to in paragraph (1)) from the 
administrative judge.
    ``(B) With respect to a claim--
            ``(i) to which an order issued by the Equal Employment 
        Opportunity Commission applies, and
            ``(ii) with respect to which the aggrieved employee does 
        not commence a civil action in accordance with section 
        717(g)(3)(D),
the appropriate date is the date on which the Office of Special Counsel 
receives notification (referred to in paragraph (1)) from the 
Commission.
    ``(C) With respect to a claim to which a final judgment issued by a 
court of the United States applies, the appropriate date is the date on 
which the Office of Special Counsel receives notification (referred to 
in paragraph (1)) from such court.
    ``(4) For the purpose of this subsection--
            ``(A) the term `order' means an order issued on the merits;
            ``(B) the term `judgment' means a judgment issued on the 
        merits; and
            ``(C) the term `final judgment' means a judgment that is 
        either--
                    ``(i) not reviewed by any other court that has 
                authority to review such judgment; or
                    ``(ii) not reviewable by any other court.''.
    (2) Section 1218 of title 5, United States Code, is amended--
            (A) by inserting ``(a)'' before the first sentence; and
            (B) by adding at the end the following:
    ``(b) Any statistical or other information provided under the first 
sentence of subsection (a) shall specify the extent to which such 
information relates to any matter referred to in section 1214(g).''.
    (d) Recordkeeping.--(1) Chapter 23 of title 5, United States Code, 
is amended by adding at the end the following:
``Sec. 2306. Federal personnel records
    ``(a) For the purpose of this section--
            ``(1) the term `personnel action' has the meaning given 
        such term in section 2302(a)(2)(A);
            ``(2) the term `record' has the meaning given such term in 
        section 552a(a)(4); and
            ``(3) the term `employee' means--
                    ``(A) an employee as defined by section 2105; and
                    ``(B) an employee of the United States Postal 
                Service or the Postal Rate Commission;
        but does not include any employee with respect to whom section 
        117, or title III (excluding section 320), of the Civil Rights 
        Act of 1991 applies.
    ``(b) Records relating to any personnel action taken with respect 
to an employee shall be maintained by the employing authority for at 
least the greater of--
            ``(1) 270 days after the effective date of the personnel 
        action to which they relate; or
            ``(2) the period of time otherwise required under 
        applicable provisions of law, rule, or regulation, if any.
    ``(c) The Office of Personnel Management shall prescribe 
regulations for the implementation of this section by an Executive 
agency.''.
    (2) The table of sections for chapter 23 of title 5, United States 
Code, is amended by adding at the end the following:

``2306. Federal personnel records.''.
    (e) Filing Deadline.--Section 7703(b)(2) of title 5, United States 
Code, is amended by striking ``30 days'' and inserting ``90 days''.
    (f) Right to Intervene.--Section 1212(c)(2) of title 5, United 
States Code, is amended--
            (1) by striking ``(2)'' and inserting ``(2)(A)''; and
            (2) by adding at the end the following:
    ``(B) Consent under subparagraph (A) shall not be required, in the 
case of an appeal from an action, if--
            ``(i) section 7513(d) is the provision making the action 
        appealable to the Board;
            ``(ii) the appeal is brought by an individual with respect 
        to whom notification has been received by the Office of Special 
        Counsel under section 717(m) of the Civil Rights Act of 1964; 
        and
            ``(iii) 1 of the grounds for the action being appealed is 
        discrimination of a type described in section 2302(b)(1).''.

SEC. 115. TECHNICAL AMENDMENTS.

    Section 717(b) of the Civil Rights Act of 1964 (42 U.S.C. 2000e-
16(b)) is amended by striking ``Civil Service Commission'' each place 
it appears and inserting ``Commission''.

SEC. 116. ISSUANCE OF PROCEDURAL GUIDELINES AND NOTICE RULES.

    After providing notice in accordance with section 553(b) of title 
5, United States Code, and not later than 1 year after the date of the 
enactment of this Act, the Equal Employment Opportunity Commission 
shall issue--
            (1) rules to assist entities of the Federal Government to 
        comply with section 717(d) of the Civil Rights Act of 1964, as 
        added by section 112 of this Act, and
            (2) rules establishing--
                    (A) a uniform written official notice to be used to 
                comply with section 717 of such Act, as added by 
                section 112 of this Act, and
                    (B) detailed requirements applicable to collecting 
                and preserving documents and information under section 
                717(d), as added by section 112 of this Act.

SEC. 117. RULES OF CONSTRUCTION.

    Any reference in any law (other than title VII of the Civil Rights 
Act of 1964) to any provision of title VII of the Civil Rights Act of 
1964 amended by this Act shall be deemed to be a reference to such 
provision as amended by this Act.

SEC. 118. EFFECTIVE DATE; APPLICATION OF AMENDMENTS.

    (a) Effective Date.--Except as provided in subsection (b), this Act 
and the amendments made by this Act shall take effect on January 1, 
1995.
    (b) Application of Amendments.--Except as provided in section 117, 
the amendments made by this Act (other than sections 113 and 114) shall 
apply only with respect to complaints filed under section 717 of the 
Civil Rights Act of 1964 (42 U.S.C. 2000e-16) on or after the effective 
date of this Act.

            Subtitle C--Congressional Employees Fairness Act

SEC. 121. SHORT TITLE.

    This subtitle may be cited as the ``Congressional Employees 
Fairness Act''.

SEC. 122. APPLICATION OF FEDERAL LAWS.

    (a) Laws Which Will Apply.--Within 90 days after the date final 
regulations take effect under section 124(a)(2), the following laws 
shall apply to the Congress:
            (1) The Fair Labor Standards Act of 1938 (29 U.S.C. 201 et 
        seq.).
            (2) Title VII of the Civil Rights Act of 1964 (42 U.S.C. 
        2000e et seq.).
            (3) Sections 102 through 104 of the Americans With 
        Disabilities Act of 1990 (42 U.S.C. 12112-12114).
            (4) Section 15 of the Age Discrimination in Employment Act 
        of 1967 (29 U.S.C. 633a).
            (5) The Family and Medical Leave Act of 1993 (29 U.S.C. 
        2611 et seq.).
    (b) Laws Which May Be Made Applicable.--Any provision of Federal 
law shall, to the extent that it relates to--
            (1) the terms and conditions of employment (including 
        hiring, promotion or demotion, salary and wages, overtime 
        compensation, benefits, work assignments or reassignments, and 
        termination) of employees,
            (2) protection from discrimination in personnel actions,
            (3) the health and safety of employees,
            (4) the availability of information to the public, or
            (5) other areas deemed appropriate by the Independent 
        Office of Compliance,
apply to the House of Representatives and the Senate (hereinafter in 
this Act referred to jointly as the ``Congress'') in accordance with 
approval of a recommendation made under section 124(b).

SEC. 123. OFFICE OF COMPLIANCE.

    (a) Establishment.--There is established in the legislative branch 
for the Congress an Independent Office of Compliance (hereinafter in 
this Act referred to as the ``Office'').
    (b) Composition.--
            (1) In general.--The Office shall be composed of a Board of 
        Directors and staff. The Board of Directors shall consist of 15 
        individuals appointed jointly by the Speaker of the House of 
        Representatives, the Majority Leader of the Senate, and the 
        Minority Leaders of the House of Representatives and the Senate 
        after consultation with individuals who represent the interests 
        of congressional employees. Appointments to the Board of 
        Directors shall be completed not later than 120 days after the 
        date of the enactment of this Act.
            (2) Qualifications.--
                    (A) Members with general authority.--The members of 
                the Board of Directors who shall have the authority to 
                carry out the functions of the Office under this Act 
                shall be 9 individuals appointed under paragraph (1) 
                from nominations submitted by organizations the 
                membership of which are primarily composed of 
                individuals experienced in adjudicating or arbitrating 
                personnel matters. Individuals nominated by such 
                organizations shall be individuals with training or 
                expertise in--
                            (i) the application of the laws referred to 
                        in section 122 to employment, and
                            (ii) employment in the Congress.
                    (B) Members with limited authority.--The members of 
                the Board of Directors who shall have the authority to 
                issue the regulations, conduct the study, and take the 
                continuing action referred to in subsections (a), (b), 
                and (c) of section 124 shall be 6 individuals appointed 
                under paragraph (1) of which 2 shall be Members of the 
                House of Representatives, 2 shall be Senators, 1 shall 
                be an employee of the House of Representatives, and 1 
                shall be an employee of the Senate.
                    (C) Specific qualifications.--
                            (i) Lobbying.--No individual who engages 
                        in, or is otherwise employed in, lobbying of 
                        the Congress shall be considered eligible for 
                        appointment to, or service on, the Board of 
                        Directors.
                            (ii) Office.--No member appointed under 
                        subparagraph (A) may hold the position of 
                        Member of the House of Representatives, 
                        Senator, or employee of the House of 
                        Representatives or the Senate.
            (3) Political affiliation.--Not more than one Member of the 
        House of Representatives who is a member of the Board of 
        Directors and not more than one Senator who is a member of the 
        Board of Directors may be of the same political party.
            (4) Holding office.--If during a term of office a member of 
        the Board of Directors no longer holds the position qualifying 
        such member or engages in an activity described in paragraph 
        (2)(C)(i), such position shall be declared vacant and a 
        successor shall be selected in accordance with paragraph (2). 
        If the term of office of a member of the Board of Directors 
        expires and such member is a member of a hearing board hearing 
        a complaint under section 128, such member may continue in 
        office until the decision or order of the hearing board becomes 
        final.
            (4) Vacancies.--A vacancy in the Board of Directors shall 
        be filled in the manner in which the original appointment was 
        made.
    (c) Authority.--
            (1) In general.--The 15 members of the Board of Directors 
        appointed under subsection (b)(1) shall have the authority to 
        carry out the functions described in subsections (a) and (b) of 
        section 124.
            (2) Office.--The 9 members of the Board of Directors 
        appointed under subsection (b)(2)(A) shall have the authority 
        to carry out the functions described in sections 124 through 
        129A.
    (d) Term of Office.--
            (1) In general.--Except as provided in paragraph (2), 
        membership on the Board of Directors shall be for 5 years.
            (2) First appointments.--Of the members first appointed to 
        the Board of Directors--
                    (A) 5 shall have a term of office of one year,
                    (B) 5 shall have a term of office of 3 years, and
                    (C) 5 shall have a term of office of 5 years,
        as designated at the time of appointment by the persons 
        specified in subsection (b)(1).
            (3) Reappointment.--A member of the Board of Directors may 
        not be reappointed.
    (e) Removal.--A member of the Board of Directors may only be 
removed for cause, including malfeasance in office, inefficiency, or a 
violation of subsection (b)(2)(C)(i) by a vote of a majority of the 
Board of Directors.
    (f) Chairman.--The Chairman of the Board of Directors shall be 
appointed from the members of the Board of Directors by the members of 
the Board.
    (g) Basic pay.--Members of the Board of Directors shall serve 
without pay except that members of the Board of Directors who serve as 
hearing officers under section 128 shall receive for each day engaged 
in the performance of the duties of such an officer compensation at a 
rate not to exceed the daily equivalent of the annual rate of basic pay 
in effect for grade GS-15 of the General Schedule under subchapter III 
of chapter 53 of title 5, United States Code.
    (h) Staff.--The Board of Directors may appoint and fix the 
compensation of such staff as are necessary to carry out the Board of 
Director's functions. Appointments to the staff shall be made on the 
basis of experience in labor law and not on political affiliation. 
Current or former employees of the Congress are not eligible for 
appointment to the staff.
    (i)  Detailees.--The Board of Directors may, with the prior consent 
of the Government department or agency concerned, use on a reimbursable 
or nonreimbursable basis the services of any such department or agency, 
including the services of members or personnel of the General 
Accounting Office Personnel Appeals Board.
    (j)  Consultants.--In carrying out the functions of the Office, the 
Board of Directors may procure the temporary (not to exceed 1 year) or 
intermittent services of individual consultants, or organizations 
thereof.

SEC. 124. BOARD FUNCTIONS.

    (a) Regulations for the Application of Laws Applicable to 
Congress.--The Board of Directors shall issue regulations respecting 
the remedies available under sections 125 through 129A of this Act to 
individuals covered under the laws referred to in section 122(a). 
Regulations respecting such laws shall be issued within 120 days of the 
date of the first appointment of members of the Board of Directors.
    (b) Recommendations for Application of Laws.--
            (1) Study.--The Board of Directors shall conduct a study of 
        the application to Congress of the laws referred to in section 
        122(b) and as amended by section 129F. The Board of Directors 
        shall complete such study and report the results to Congress 
        not later than 180 days after the date of the first appointment 
        of the Board of Directors. Act.
            (2) Recommendations.--
                    (A) In general.--Not later than 120 days after the 
                date of the completion of the study under subsection 
                (a), the Board of Directors shall, in accordance with 
                section 553 of title 5, United States Code, make 
                recommendations to the Congress which specify which of 
                the laws referred to in section 122(b) should apply to 
                Congress. Such recommendations--
                            (i) shall take into account the costs 
                        associated with the application of such laws to 
                        the Congress,
                            (ii) shall be consistent with the provision 
                        of law made applicable to Congress, except as 
                        otherwise specifically provided in sections 125 
                        through 129D of this Act, and
                            (iii) may specify specific dates for the 
                        application of specific laws and may specify 
                        specific means for the application of such 
                        laws.
                    (B) Approval.--When a recommendation made under 
                subparagraph (A) is received by the Congress, it shall 
                be introduced as a joint resolution in the House of 
                Representatives and the Senate. Such a joint resolution 
                shall be a joint resolution which states after the 
                resolving clause that the Congress approves the 
                recommendation and includes an appropriate 
                identification of such recommendation. When such a 
                joint resolution is introduced in the House of 
                Representatives it shall be referred to the appropriate 
                committee and when it is introduced in the Senate it 
                shall be referred to the appropriate committee. 
                Subsections (c), (d), (e), and (f) of section 152 of 
                the Trade Act of 1974 (19 U.S.C. 2912) shall be 
                applicable to such a joint resolution, except that 
                final action on such recommendation shall be completed 
                within 45 days of the date of the submission to 
                Congress of the joint resolution.
            (3) Regulations for actions on recommendations.--The Board 
        of Directors shall issue regulations respecting the remedies 
        available under sections 125 through 129A of this Act to 
        individuals covered under the laws made applicable to the 
        Congress by approval of a recommendation made under paragraph 
        (2). Regulations respecting such laws shall be issued within 60 
        days of the date of the enactment of a law in response to a 
        recommendation made under paragraph (2).
    (c) Continuing Action.--On an ongoing basis the Board of Directors 
shall study the application to the Congress of laws referred to in 
section 122(b) which are enacted after the date of the enactment of 
this Act and may issue recommendations and regulations with respect to 
such laws in accordance with subsection (b).
    (d) Rules of the Office.--The Board of Directors shall adopt rules 
governing the procedures of the Office, including the procedures under 
sections 125 through 128, which shall be submitted for publication in 
the Congressional Record. The rules may be amended in the same manner. 
The Board of Directors may consult with the Chairman of the 
Administrative Conference of the United States on the adoption of such 
rules.
    (e) Duties.--The Office shall--
            (1) carry out a program of education for Members of 
        Congress and other employing authorities of the Congress 
        respecting the laws made applicable to them and a program to 
        inform individuals of their rights under laws applicable to 
        Congress and under sections 125 through 129A,
            (2) in carrying out the program under paragraph (1), 
        distribute the telephone number and address of the Office, 
        procedures for action under sections 125 through 129A, and any 
        other information the Board of Directors deems appropriate for 
        distribution, distribute such information to Members of 
        Congress and other employing authorities in a manner suitable 
        for posting, provide such information to new Congressional 
        employees, distribute such information to the residences of 
        Congressional employees, and conduct seminars and other 
        activities designed to educate employers and employees in such 
        information,
            (3) compile and publish statistics on the use of the Office 
        by Congressional employees, including the number and type of 
        contacts made with the Office, on the reason for such contacts, 
        on the number of employees who initiated proceedings with the 
        Office under sections 5 through 10 and the result of such 
        proceedings, on the number of employees who filed a complaint 
        under section 8, the basis for the complaint, and the action 
        taken on the complaint, and
            (4) within 180 days of the initial appointment of the 
        members of the Board of Directors and in conjunction with the 
        Clerk of the House of Representatives and the Secretary of the 
        Senate, develop a system for the collection of demographic data 
        respecting the composition of the employees of the Congress, 
        including race, sex, and wages, and a system for the collection 
        of information on employment practices, including family leave 
        and flexible work hours, in Congressional offices.
    (f) Report.--Within one year of the date the system referred to in 
subsection (e)(5) is developed and annually thereafter, the Board of 
Directors shall submit to Congress a report on the information 
collected under such system. Each report after the first report shall 
contain a comparison and evaluation of data contained in the previous 
report.
    (g) Identification of Discriminatory Practices.--From the 
information collected under subsection (e)(5) the Board of Directors 
shall identify discriminatory wage setting practices in the Congress 
and promptly report to the Congress such identification together with 
recommendations for corrective action.

SEC. 125. PROCEDURE FOR CONSIDERATION OF ALLEGED VIOLATIONS.

    The procedure for consideration of alleged violations of laws made 
applicable to Congress under the regulation promulgated under section 
4(a) consists of 4 steps as follows:
            (1) Step I, counseling, as set forth in section 6.
            (2) Step II, mediation, as set forth in section 7.
            (3) Step III, formal complaint and hearing by a hearing 
        board, as set forth in section 8.
            (4) Step IV, judicial review of a hearing board decision, 
        as set forth in section 9.

SEC. 126. STEP I: COUNSELING.

    (a) In General.--A Congressional employee alleging a violation of a 
law made applicable to Congress under section 2(a) or 4(b) may request 
counseling by the Office. The Office shall provide the employee with 
all relevant information with respect to the rights of the employee, 
including the procedures (including deadlines) for claims under section 
8. A request for counseling shall be made not later than 180 days after 
the alleged violation forming the basis of the request for counseling 
occurred.
    (b) Period of Counseling.--The period for counseling shall be 30 
days unless the employee and the Office agree to reduce the period. The 
period shall begin on the date the request for counseling is received.
    (c) Employees of the Architect of the Capitol and Capitol Police.--
In the case of an employee of the Architect of the Capitol or an 
employee who is a member of the Capitol Police, the Director may refer 
the employee to the Architect of the Capitol or the Capitol Police 
Board for resolution of the employee's complaint through the internal 
grievance procedures of the Architect of the Capitol or the Capitol 
Police Board for a specific period of time, which shall not count 
against the time available for counseling or mediation under this Act.

SEC. 127. STEP II: MEDIATION.

    (a) In General.--Not later than 15 days after the end of the 
counseling period under section 6, the employee who alleged a violation 
of a law made applicable to Congress under section 4 may file a request 
for mediation with the Office. Mediation--
            (1) may include the Office, the employee, the employing 
        office, and individuals who are recommended to the Director by 
        the Federal Mediation and Conciliation Service, and
            (2) shall be a process involving meetings with the parties 
        separately or jointly for the purpose of resolving the dispute 
        between the employee and the employing office.
    (b) Mediation Period.--The mediation period shall be 30 days 
beginning on the date the request for mediation is received and may be 
extended for an additional 30 days at the discretion of the Office. The 
Office shall notify the employee and the head of the employing office 
when the mediation period has ended. For purposes of this section, the 
term ``head of employing office'' means the individual who has final 
authority to appoint, hire, discharge, and set the terms, conditions or 
privileges of the Congressional employment of an employee.

SEC. 128. STEP III: FORMAL COMPLAINT AND HEARING.

    (a) Formal Complaint and Request for Hearing.--Not later than 30 
days after receipt by the Congressional employee of notice from the 
Office of the end of the mediation period under section 7, the 
Congressional employee may file a formal complaint with the Office. No 
complaint may be filed unless the employee has made a timely request 
for counseling and has completed the procedures set forth in sections 6 
and 7.
    (b) Hearing Officers.--A board of 3 hearing officers (hereinafter 
in this Act referred to as a ``hearing board''), who are chosen by lot 
from the Board of Directors (one of whom shall be designated by the 
Board of Directors as the presiding hearing officer) shall be assigned 
to consider each complaint filed under subsection (a). A hearing board 
shall act by majority vote.
    (c) Dismissal of Frivolous Claims.--Prior to a hearing under 
subsection (d), a hearing board may dismiss any claim that it finds to 
be frivolous.
    (d) Hearing.--A hearing shall be conducted--
            (1) in closed session on the record by a hearing board,
            (2) no later than 30 days after filing of the complaint 
        under subsection (a), except that the Office may, for good 
        cause, extend up to an additional 60 days the time for 
        conducting a hearing, and
            (3) except as specifically provided in this Act and to the 
        greatest extent practicable, in accordance with the principles 
        and procedures set forth in sections 554 through 557 of title 
        5, United States Code.
    (e) Discovery.--Reasonable prehearing discovery shall be permitted 
at the discretion of the hearing board.
    (f) Subpoena Power.--
            (1) In general.--A hearing board may authorize subpoenas, 
        which shall be issued by the presiding hearing officer on 
        behalf of the hearing board, for the attendance of witnesses at 
        proceedings of the hearing board and for the production of 
        correspondence, books, papers, documents, and other records. 
        The attendance of witnesses and the production of evidence may 
        be required from any place within the United States.
            (2) Failure to obey a subpoena.--If a person refuses to 
        obey a subpoena issued under paragraph (1), the hearing board 
        may apply to a United States district court for an order 
        requiring that person to appear before the hearing board to 
        give testimony, produce evidence, or both, relating to the 
        matter under investigation. The application may be made within 
        the judicial district where the hearing is conducted or where 
        that person is found, resides, or transacts business. Any 
        failure to obey the order of the court may be punished by the 
        court as civil contempt.
            (3) Service of subpoenas.--The subpoenas of the hearing 
        board shall be served in the manner provided for subpoenas 
        issued by a United States district court under the Federal 
        Rules of Civil Procedure for the United States district courts.
            (4) Service of process.--All process of any court to which 
        application is be made under paragraph (2) may be served in the 
        judicial district in which the person required to be served 
        resides or may be found.
                    (5) Immunity.--The hearing board is an agency of 
                the United States for the purpose of part V of title 
                18, United States Code (relating to immunity of 
                witnesses).
    (g) Decision.--As expeditiously as possible, but in no case more 
than 45 days after the conclusion of the hearing, the hearing board 
shall issue a decision in the matter for which the hearing was held. 
The decision of the hearing board shall be transmitted by the Office to 
the employee and the employing office. The decision shall state the 
issues raised by the complaint, describe the evidence in the record, 
and contain a determination as to whether a violation of a law made 
applicable to Congress under section 4 has occurred. Any decision of 
the hearing board shall contain a written statement of the reasons for 
the Board's decision.
    (h) Remedy Order.--If the hearing board determines that a violation 
of a law made applicable to Congress under section 2(a) or 4(b) has 
occurred, it shall order such remedies as would be appropriate under 
the law which has been violated, including attorneys' fees. The hearing 
board shall have no authority to award punitive damages. The entry of 
an order under this subsection shall constitute a final decision for 
purposes of review under section 9.

SEC. 129. JUDICIAL REVIEW.

    (a) In General.--Any Congressional employee aggrieved by a 
dismissal under section 8(c), a final decision under section 8(g), or 
an order under section 8(h), or any Member of the House of 
Representatives or Senate aggrieved by a final decision under section 
8(g) or who would be subject to an order issued under section 8(h), may 
petition for review by the United States Court of Appeals for the 
Federal Circuit.
    (b) Law Applicable.--Chapter 158 of title 28, United States Code, 
shall apply to a review under subsection (a) except that--
            (1) with respect to section 2344 of title 28, United States 
        Code, service of the petition shall be on the House or Senate 
        Legal Counsel, as the case may be, rather than on the Attorney 
        General,
            (2) the provisions of section 2348 of title 28, United 
        States Code, on the authority of the Attorney General, shall 
        not apply,
            (3) the petition for review shall be filed not later than 
        90 days after the entry in the Office of a final decision under 
        section 8(g) or order under section 8(h),
            (4) the Office shall be an ``agency'' as that term is used 
        in chapter 158 of title 28, United States Code, and
            (5) the Office shall be the respondent in any proceeding 
        under subsection (a).
    (c) Standard of Review.--To the extent necessary to decision and 
when presented, the court shall decide all relevant questions of law 
and interpret constitutional and statutory provisions. The court shall 
set aside a final decision under section 8(h) or order under section 
8(g) if it is determined that the decision or order was--
            (1) arbitrary, capricious, an abuse of discretion, or 
        otherwise not consistent with law;
            (2) not made consistent with required procedures; or
            (3) unsupported by substantial evidence.
In making the foregoing determinations, the court shall review the 
whole record, or those parts of it cited by a party, and due account 
shall be taken of the rule of prejudicial error. The record on review 
shall include the record before the hearing board, the decision of the 
hearing board, and the order of the hearing board.
    (d) Fees.--In an action brought under subsection (a), the court may 
allow the prevailing party a reasonable attorney's fees (including 
expert witness fees) as part of the costs.

SEC. 129A. OTHER REVIEW.

    (a) Personnel Appeals Board.--If the judicial review of a dismissal 
notice, decision, or order under section 8(c), 8(g), or 8(h) under 
section 9 is held to be unconstitutional, the review of such notice, 
decision, or order shall be conducted by the Personnel Appeals Board of 
the General Accounting Office (hereinafter in this section referred to 
as the ``Board'').
    (b) Petition for Review.--Any Congressional employee aggrieved by a 
dismissal under section 8(c), a final decision under section 8(g), or 
an order under section 8(h), or any Member of the House of 
Representatives or Senate aggrieved by a final decision under section 
8(g) or who would be subject to an order issued under section 8(h), may 
petition for review by the Board.
    (c) Standard of Review.--To the extent necessary to decision and 
when presented, the Board shall decide all relevant questions of law 
and interpret constitutional and statutory provisions. The Board shall 
set aside a final decision under section 8(h) or order under section 
8(g) if it is determined that the decision or order was--
            (1) arbitrary, capricious, an abuse of discretion, or 
        otherwise not in accordance with law,
            (2) made without observance of procedure required by law, 
        or
            (3) unsupported by substantial evidence.
In making the foregoing determinations, the Board shall review the 
whole record, or those parts of it cited by a party, and due account 
shall be taken of the rule of prejudicial error. The record on review 
shall include the record before the hearing board, the decision of the 
hearing board, and the order of the hearing board.
    (d) Attorney's Fees.--If an employee is the prevailing party in a 
proceeding under this section, attorney's fees may be allowed by the 
Board in accordance with the standards prescribed under section 706(k) 
of the Civil Rights Act of 1964 (42 U.S.C. 2000e-5(k)).

SEC. 129B. RESOLUTION OF COMPLAINT.

    If, after a formal complaint is filed under section 8, the employee 
and the head of the employing office resolve the issues involved, the 
employee may withdraw the complaint or the parties may enter into a 
written agreement, subject to the approval of the Board of Directors.

SEC. 129C. COLLECTION AND PRESERVATION OF DOCUMENTS.

    Beginning on the date a respondent receives a complaint under 
section 8 and ending on the date final action has been taken on the 
complaint, the respondent shall collect and preserve all documents and 
other information relevant to such complaint.

SEC. 129D. PROHIBITION OF INTIMIDATION.

    Any intimidation of, or reprisal against, any employee by any 
Member, officer, or employee of the House of Representatives or the 
Senate, or by the Architect of the Capitol, or anyone employed by the 
Architect of the Capitol, as the case may be, because of the exercise 
of a right under this Act or because of appearance as a witness in a 
case under this Act constitutes an unlawful employment practice, which 
may be remedied in the same manner under this Act as is a violation of 
a law made applicable to Congress under section 2(a) or 4(b).

SEC. 129E. CONFIDENTIALITY.

    (a) Counseling.--All counseling shall be strictly confidential 
except that the Office and the employee may agree to notify the head of 
the employing office of the allegations.
    (b) Mediation.--All mediation shall be strictly confidential.
    (c) Hearings.--Except as provided in subsection (d), the hearings, 
deliberations, and decisions of the hearing board shall be 
confidential.
    (d) Release of Records for Review.--The records and decisions of 
hearing boards may be made public if required for the purpose of review 
under section 9 or 10.

SEC. 129F. TECHNICAL AND CONFORMING AMENDMENTS.

    (a) Laws Referred to in Section 2(a).--
            (1) Fair Labor Standards Act of 1938.--
                    (A) Definition.--Section 3(e)(2)(A)(iii) of the 
                Fair Labor Standards Act of 1938 (29 U.S.C. 
                203(e)(2)(A)(iii)) is amended to read as follows:
                            ``(iii) in the Congress or in any unit of 
                        the judicial branch of the Government which has 
                        positions in the competitive service,''.
                    (B) Coverage.--Section 8 of the Fair Labor 
                Standards Amendments of 1989 is repealed.
            (2) Title VII of the Civil Rights Act of 1964.--
                    (A) Civil Rights Act of 1991.--Section 117 and 
                title III of the Civil Rights Act of 1991 (2 U.S.C. 
                60l, 120l et seq.) are repealed.
                    (B) Equal Employment Opportunity.--Section 717(a) 
                of the Civil Rights Act of 1964 (42 U.S.C. 2000e-16(a)) 
                is amended by striking out ``in those units of the 
                legislative and judicial branches of the Federal 
                Government having positions in the competitive 
                service'' and inserting in lieu thereof ``in all units 
                of the Congress and in those units of the judicial 
                branch of the Federal Government having positions in 
                the competitive service''.
            (3) Americans with Disabilities Act of 1990.--Section 509 
        of the Americans with Disabilities Act of 1990 (42 U.S.C. 
        12209) is repealed and section 101 of such Act (42 U.S.C. 
        12111) is amended--
                    (A) in paragraph (5)(B), by striking out ``the 
                United States'' the first time it appears and inserting 
                in lieu thereof ``the United States (except as provided 
                in paragraph (11))'', and
                    (B) by adding at the end the following:
    ``(11) The Congress shall be deemed an employer engaged in an 
industry affecting commerce.''.
            (4) Age Discrimination in Employment Act of 1967.--Section 
        11(b) of the Age Discrimination in Employment Act of 1967 (29 
        U.S.C. 630(b)) is amended (A) by striking out ``and'' before 
        ``(2)'', (B) by inserting before ``but'' the following: ``and 
        (3) the Congress'', and (C) by striking out ``the United 
        States, or'' and inserting in lieu thereof ``the executive and 
        judicial branch of the United States, or''.
            (5) Family and Medical Leave Act of 1993.--Title V of the 
        Family and Medical Leave Act of 1993 (2 U.S.C. 60m, 60n) is 
        repealed.
    (b) Laws Referred to in Section 2(b).--
            (1) Occupational Safety and Health.--
                    (A) Definition of Employer.--Section 3(5) of the 
                Occupational Safety and Health Act of 1970 (29 U.S.C. 
                652(5)) is amended by striking out ``, but does not 
                include the United States or'' and inserting in lieu 
                thereof ``and includes the Congress (to the extent 
                authorized by a regulation of the Office of Compliance 
                established under section 4(c) of the Congressional 
                Accountability Act) but does not include executive or 
                judicial branch of the Federal Government or''.
                    (B) Definition of Employee.--Section 3(6) of such 
                Act (29 U.S.C. 652(6)) is amended by inserting before 
                the period a comma and the following: ``and, to the 
                extent authorized by a regulation of the Office of 
                Compliance established under section 4(c) of the 
                Congressional Accountability Act, the employees of the 
                Congress shall be deemed to be employed in a business 
                affecting commerce for the purpose of this Act''.
            (2) Freedom of Information.--Section 552(f) of title 5, 
        United States Code, is amended by striking out ``or'' before 
        ``any independent'' and by inserting before the period a comma 
        and the following: ``or the Congress (to the extent authorized 
        by a regulation of the Office of Compliance established under 
        section 4(c) of the Congressional Accountability Act)''.
            (3) Privacy.--Section 552a(a)(1) of title 5, United States 
        Code, is amended by striking out ``552(e)'' and inserting in 
        lieu thereof ``552(f)''.
            (4) Age Discrimination.--Section 309(3) of the Age 
        Discrimination Act of 1975 (42 U.S.C. 6107) is amended by 
        inserting after ``means'' the following: ``the Congress (to the 
        extent authorized by a regulation of the Office of Compliance 
        established under section 4(c) of the Congressional 
        Accountability Act) and''.
    (c) Rule of the House of Representatives.--Rule LI of the House of 
Representatives is repealed.

SEC. 129G. POLITICAL AFFILIATION AND PLACE OF RESIDENCE.

    (a) In General.--It shall not be a violation of a law made 
applicable to Congress under section 4 to consider the--
            (1) party affiliation;
            (2) domicile, or
            (3) political compatibility with the employing office,
of an employee with respect to employment decisions.
    (b) Definition.--For purposes of subsection (a), the term 
``employee'' means--
            (1) an employee on the staff of the House of 
        Representatives or Senate leadership;
            (2) an employee on the staff of a committee or 
        subcommittee;
            (3) an employee on the staff of a Member of the House of 
        Representatives or Senate;
            (4) an officer or employee of the House of Representatives 
        or Senate elected by the House of Representatives or Senate or 
        appointed by a Member House of Representatives or Senate, other 
        than those described in paragraphs (1) through (3); or
            (5) an applicant for a position that is to be occupied by 
        an individual described in paragraphs (1) through (4).

SEC. 129H. REVIEW LIMIT.

    No Congressional employee may commence a judicial proceeding to 
redress practices prohibited under a law made applicable to Congress 
under section 2(a) or 4(b) except as provided in this Act.

                     Subtitle D--Sexual Harassment

SEC 131. SHORT TITLE.

    This subtitle may be cited as the ``Sexual Harassment Prevention 
Act of 1993''.

SEC. 132. FINDINGS AND PURPOSES.

    (a) Findings.--The Congress finds the following:
            (1) Sexual harassment in employment persists widely in the 
        workplace, although it violates title VII of the Civil Rights 
        Act of 1964 and adversely affects employees.
            (2) According to guidelines issued by the Equal Employment 
        Opportunity Commission in 1980, the most effective tool for 
        eliminating sexual harassment is prevention.
            (3) The United States Merit Systems Protection Board found 
        in 1981 and 1988 surveys of Federal Government employees that 
        42 percent of female employees and 14 percent of male employees 
        questioned had experienced some kind of harassment in 
        employment. The American Psychological Association estimates 
        that at least \1/2\ of all working women have been sexually 
        harassed at the workplace during their careers.
            (4) The vast majority of sexual harassment episodes go 
        unreported to a supervisory employee or other individual 
        designated by the employer. Only 5 percent of the Government 
        employees who indicated in the 1988 Merit Systems Protection 
        Board survey that they had been harassed filed a formal 
        complaint or requested an investigation of the harassment.
            (5) Sexual harassment has a significant cost for employees 
        and employers. A 1988 study by Working Woman Magazine shows 
        that sexual harassment costs a typical ``Fortune 500'' employer 
        $6,000,000, or $292.53 per employee, each year. The same study 
        estimates that it is 34 times more expensive for such an 
        employer to ignore the problem than it is to establish 
        effective programs and policies to address the problem.
            (6) Most job growth over the next decade is expected to 
        occur in employment by small employers. Sixty-six percent of 
        the individuals who will enter the work force during this 
        period are expected to be female. The establishment of programs 
        and policies in small-business environments, at a low cost to 
        employers, will be a key prevention priority to reduce sexual 
        harassment in employment.
    (b) Purposes.--The purposes of this subtitle are--
            (1) to establish workplace requirements that will reduce 
        the incidence of sexual harassment in employment,
            (2) to provide a low-cost system to assist employers to 
        establish programs and policies to prevent sexual harassment in 
        employment,
            (3) to raise the awareness of employees of the definition 
        of sexual harassment and of available avenues of redress, and
            (4) to increase the authority and capacity of the Equal 
        Employment Opportunity Commission to assist in preventing 
        sexual harassment in employment.

SEC. 133. EMPLOYER REQUIREMENTS.

    (a) Posting of Notice in the Workplace.--Each employer shall post 
and keep posted in conspicuous places upon its premises where notices 
to employees and applicants for employment are customarily posted, a 
notice that shall be prepared or approved by the Commission and shall 
set forth--
            (1) the definition of sexual harassment found in section 
        1604.11(a) of title 29 of the Code of Federal Regulations (July 
        1, 1992),
            (2) the fact that sexual harassment in employment is a 
        violation of title VII of the Civil Rights Act of 1964,
            (3) information describing how to file with the Commission 
        a complaint alleging such harassment, including information on 
        the time periods within which an alleged victim of 
        discrimination (including sexual harassment) must file a charge 
        with the Equal Employment Opportunity Commission, or a State or 
        local fair employment agency, in order to satisfy the statute 
        of limitations applicable to claims under title VII.
            (4) an address, and the toll-free telephone number, to be 
        used to contact the Commission regarding such harassment or 
        compliance with the requirements of this subtitle, and
            (5) such other information as the Commission may require.
    (b) Separate Notice to Individual Employees.--Each employer shall 
provide annually to each employee separately a written notice that 
includes--
            (1) the matters specified in paragraphs (1) through (4) of 
        subsection (a),
            (2) a description of the procedures established by such 
        employer to resolve allegations of sexual harassment in 
        employment, and
            (3) such other information as the Commission may require.
Such notice shall be provided in a manner that ensures that such 
employee actually receives such notice.
    (c) Management Information for Supervisory Employees.--Not later 
than 60 days after an employer places an individual in a supervisory 
employment position or 1 year after the date of the enactment of this 
Act, whichever occurs later, such employer shall provide to the 
supervisory employee information specifying the responsibilities of, 
and the methods to be used by, such employee to ensure that immediate 
and corrective action is taken to address allegations of sexual 
harassment in employment.
    (d) Civil Penalty.--A willful violation of this section shall be 
punishable by a civil penalty of not more than $1,000 for each separate 
violation.

SEC. 134. DUTIES OF THE COMMISSION.

    (a) Technical Assistance Materials.--Not later than 180 days after 
the date of the enactment of this Act, the Commission shall prepare, 
revise from time to time as needed, and make available to employers at 
no cost (by publication in the Federal Register or other means)--
            (1) a model notice of the kind required by section 133(a) 
        to be posted,
            (2) a model notice of the kind required by section 133(b) 
        to be provided to employees, and
            (3) voluntary guidelines for the establishment of policies 
        and procedures by employers to address allegations of 
        discrimination (including sexual harassment) in employment.
    (b) Toll-Free Telephone Number.--Not later than 180 days after the 
date of the enactment of this Act, the Commission shall provide a toll-
free telephone number for use by employees and employers in the United 
States to obtain--
            (1) information regarding compliance with this subtitle, 
        and
            (2) the model notices and guidelines prepared under 
        subsection (a).

SEC. 135. ENFORCEMENT.

    Section 133 shall be enforced--
            (1) by the Commission with respect to violations alleged by 
        employees as defined in subparagraphs (A), (B), and (E) of 
        section 136(2),
            (2) by the House of Representatives in the manner described 
        in section 117(a)(2)(B) of the Civil Rights Act of 1992 (2 
        U.S.C. 60l) with respect to violations alleged by employees as 
        defined in section 136(2)(C) of this subtitle, and
            (3) by the Senate in the manner described in the Government 
        Employee Rights Act of 1992 (2 U.S. 120 et seq.) with respect 
        to violations alleged by employees as defined in section 
        136(2)(D) of this subtitle.

SEC. 136. DEFINITIONS.

    For purposes of this subtitle--
            (1) the term ``Commission'' means the Equal Employment 
        Opportunity Commission,
            (2) the term ``employee'' means--
                    (A) an employee as defined in section 701(f) of the 
                Civil Rights Act of 1964 (42 U.S.C. 2000e(f)),
                    (B) an employee referred to in section 717(a) of 
                such Act (42 U.S.C. 2000e-16(a)),
                    (C) an employee in an employment position of the 
                House of Representatives,
                    (D) a Senate employee as defined in section 
                301(c)(1) of the Government Employee Rights Act of 1991 
                (2 U.S.C. 1201(c)(1)), or
                    (E) an employee (other than a Senate employee) in 
                an employment position of an instrumentality of the 
                Congress,
            (3) the term ``employer'' means--
                    (A) an employer as defined in section 701(b) of the 
                Civil Rights Act of 1964 (42 U.S.C. 2000e(b)),
                    (B) a Federal entity to which section 717(a) of the 
                Civil Rights Act of 1964 (42 U.S.C. 2000e-716(a)) 
                applies, or
                    (C) an employing authority of the House of 
                Representatives, of the Senate, or of an 
                instrumentality of the Congress,
            (4) the term ``instrumentality of the Congress'' means the 
        Architect of the Capitol, the Congressional Budget Office, the 
        Office of Technology Assessment, the United States Botanic 
        Garden, and those units of the Government Printing Office with 
        positions in the excepted service, and
            (5) the term ``sexual harassment'' has the same meaning as 
        such term has for purposes of title VII of the Civil Rights Act 
        of 1964 (42 U.S.C. 2000e-2000e-17).

SEC. 137. EFFECTIVE DATES.

    (a) General Effective Date.--Except as provided in subsection (b), 
this subtitle shall take effect on the date of the enactment of this 
Act.
    (b) Effective Date of Section 3.--Section 133 shall take effect 1 
year after the date of the enactment of this Act.

       Subtitle E--Part-Time and Temporary Workers Protection Act

SEC. 141. SHORT TITLE.

    This subtitle may be cited as the ``Part-Time and Temporary Workers 
Protection Act of 1993''.

SEC. 142. ELIGIBILITY FOR UNEMPLOYMENT COMPENSATION OF CERTAIN 
              INDIVIDUALS SEEKING PART-TIME EMPLOYMENT.

    (a) General Rule.--Subsection (a) of section 3304 of the Internal 
Revenue Code of 1986 (relating to requirements for approval of State 
unemployment compensation laws) 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) in applying the State law provisions relating to 
        availability for work, active search for work, or refusal to 
        accept work, the term `suitable work' shall not include any 
        work where the individual would normally perform services for 
        more hours per week than the number of hours per week for which 
        the individual normally performed services in the individual's 
        last job in the base period, and''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date of the enactment of this Act.

SEC. 143. ANNUAL BUREAU OF LABOR STATISTICS SURVEY RELATING TO 
              TEMPORARY WORKERS.

    The Secretary of Labor, acting through the Commissioner of the 
Bureau of Labor Statistics, shall establish and carry out an annual 
survey identifying--
            (1) the characteristics of temporary workers in the United 
        States;
            (2) the relationship between such workers and the 
        establishments at which such workers are temporarily employed; 
        and
            (3) where appropriate, the relationship between such 
        workers and their permanent employers.

SEC. 144. 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.--
                    (A) 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, 1994.
            (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, 1994'' the date of the 
        commencement of the first plan year beginning on or after the 
        earlier of--
                    (A) the later of--
                            (i) January 1, 1994, 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, 1996.
            (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, 1995, 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 F--Unemployment Insurance Reform

SEC. 151. UNEMPLOYMENT INSURANCE REFORM.

    (a) Subsection (a) of section 3304 of the Internal Revenue Code of 
1986 (relating to approval of State unemployment compensation laws) 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)(A) if any individual leaves employment for a 
        qualified family-related reason, for purposes of determining 
        such individual's eligibility for compensation for any 
        subsequent week for which such individual meets the State law 
        requirements relating to availability for work and active 
        search for work--
                    ``(i) such individual shall be treated as leaving 
                such employment for good cause, and
                    ``(ii) any failure while the qualified family-
                related reason continues to return to such employment 
                or to otherwise meet such State law requirements shall 
                be disregarded,
            ``(B) for purposes of subparagraph (A), the term `qualified 
        family reason' means any circumstance which entitles the 
        individual to unpaid leave under the Family and Medical Leave 
        Act of 1993 (or would entitle the individual to such leave if 
        the individual's employer were subject to the requirements of 
        such Act) whether or not the individual returns to employment 
        after the leave to which such individual is (or would be 
        entitled); and''.
    (b)(1) Except as provided by paragraph (2), the amendment made by 
subsection (a) shall take effect on November 1, 1993.
    (2) In the case of any State the legislature of which has not been 
in session for at least 30 calendar days (whether or not successive) 
between the date of the enactment of this Act and November 1, 1993, the 
amendment made by subsection (a) shall take effect 30 calendar days 
after the first day on which such legislature is in session on or after 
November 1, 1993.

          Subtitle G--Federal Temporary Workers Protection Act

SEC. 161. ELIGIBILITY FOR HEALTH BENEFITS.

    (a) In General.--Paragraph (4) of section 8913(b) of title 5, 
United States Code, is amended to read as follows:
            ``(4) an employee who is occupying a position on a 
        temporary basis, if such employee has, in the aggregate, 
        completed the equivalent of at least 1 year of service in such 
        position within the preceding 2 years.''.
    (b) Technical and Conforming Amendments.--(1) Section 8906a of 
title 5, United States Code, is repealed.
    (2) The table of sections for chapter 89 of title 5, United States 
Code, is amended by striking the item relating to section 8906a.

SEC. 162. EFFECTIVE DATE.

    (a) In General.--This Act and the amendments made by this Act shall 
take effect on the date of the enactment of this Act, and any change in 
contributions payable by or on behalf of an individual to the Employees 
Health Benefits Fund (described in section 8909 of title 5, United 
States Code) as a result of the enactment of this Act shall take effect 
as of the first applicable pay period beginning on or after such date.
    (b) Creditability of Prior Service.--Service performed before the 
effective date of this Act may be taken into account for purposes of 
the amendment made by section 161(a).

                Subtitle H--Legislative Pay Equity Study

SEC. 171. 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. 172. ESTABLISHMENT OF COMMISSION.

    (a) In General.--There is established the Commission on Employment 
Discrimination in the Legislative Branch (hereinafter in this 
resolution referred to as the ``Commission'').
    (b) Appointment of Members.--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 of the House of Representatives, 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 of Representatives 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 of 
        Representatives and the President pro tempore of the Senate, 
        acting jointly, upon recommendation of the members appointed 
        under paragraphs (1) through (4).
    (c) Prerequisites Relating to Certain Appointments.--(1) Of the 
members of the Commission appointed under subsection (b)(3)--
            (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 subsection 
(b)(4)--
            (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) Removal.--The person making an appointment may remove a member 
of the Commission for neglect of duty or malfeasance in office.
    (e) Vacancies.--A vacancy in the Commission shall be filled in the 
manner in which the original appointment is made.
    (f) Chairman; Vice Chairman.--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) Quorum.--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) Commencement of Operations.--Members shall be appointed and the 
Commission shall commence operation not later than four weeks after the 
date on which this resolution is agreed to.

SEC. 173. FUNCTIONS OF COMMISSION.

    (a) In General.--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 171.
    (b) Specific Requirement Relating to the Consultant.--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 171.

SEC. 174. STAFF OF COMMISSION.

    (a) Staff Director.--The Commission shall have a Staff Director who 
shall be appointed by the Chairman and who shall be paid at a rate not 
to exceed the maximum rate of basic pay payable under the General 
Schedule (as determined under section 5376 of title 5, United States 
Code).
    (b) Additional Staff.--With the approval of the Commission, the 
Chairman may appoint, terminate, and fix the pay of additional staff. 
Any person so appointed may be paid at a rate not to exceed the maximum 
rate of basic pay payable for grade GS-15 of the General Schedule, 
under section 5332 of title 5, United States Code.

SEC. 175. COMPENSATION OF MEMBERS.

    (a) Prohibition of Compensation of Certain Members.--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) Compensation of Other Members.--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 under the General Schedule (as 
determined under section 5376 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. 176. 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. 177. 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 resolution is agreed to. The Commission shall 
cease to exist thirty days after submitting the final report.

SEC. 178. ADMINISTRATIVE PROVISIONS.

    (a) Funding.--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 resolution. 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) Status of Members and Staff.--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) Regulations.--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 resolution. 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.

                     TITLE II--ECONOMIC OPPORTUNITY

        Subtitle A--Women's Business Procurement Assistance Act

SEC. 201. SHORT TITLE.

    This subtitle may be cited as the ``Women's Business Procurement 
Assistance Act of 1993''.

SEC. 202. 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. 203. 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. 204. 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 individuals 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 2323 of title 10, 
United States Code, due solely to the provisions of this section.

SEC. 205. WOMEN-IN-BUSINESS SPECIALISTS.

    Section 15(k) of the Small Business Act (15 U.S.C. 644(k)) is 
amended--
            (1) by inserting ``(1)'' after ``(k)'';
            (2) by redesignating paragraphs (1), (2), (3), (4), (5), 
        (6), (7), (8), and (9) as subparagraphs (A), (B), (C), (D), 
        (E), (F), (G), (H), and (I), respectively;
            (3) by striking ``and'' at the end of subparagraph (H) (as 
        redesignated);
            (4) in subparagraph (I) (as redesignated), by striking out 
        the period after ``Code'' and all that follows through ``shall 
        be made'' and inserting in lieu thereof a comma, and by 
        striking the period after ``contract file'' and inserting ``, 
        and'';
            (5) by inserting after subparagraph (I) (as redesignated) 
        the following new subparagraph:
            ``(J) subject to paragraph (2)(A), 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.'';
            (6) by designating the last sentence as paragraph (2); and
            (7) by adding at the end the following new paragraph:
    ``(3)(A) The Director of Small and Disadvantaged Business 
Utilization in a Federal agency shall ensure that the women-in-business 
specialist designated pursuant to paragraph (1)(J) has sufficient 
knowledge of small business concerns owned and controlled by women and 
the Federal procurement process, other appropriate qualifications, and 
appropriate training from the Office of Women's Business Ownership to 
effectively carry out the specialist's responsibilities under this Act.
    ``(B) Each women-in-business specialist designated pursuant to 
paragraph (1)(J) in a Federal agency shall work full time to initiate 
and execute programs to assist small business concerns owned and 
controlled by women in participating in the performance of contracts 
let by the agency. The specialist shall--
            ``(i) respond to requests from small business concerns 
        owned and controlled by women;
            ``(ii) identify and solicit offers from small business 
        concerns owned and controlled by women, as required under 
        section 15(p) of this Act, through means such as sending 
        solicitation packages to such concerns for each proposed 
        contract for which such concerns may be eligible to compete and 
        holding workshops on procurement for such concerns; and
            ``(iii) regularly monitor the agency's progress toward 
        meeting the annual goal established under subsection (g) for 
        participation by small business concerns owned and controlled 
        by women.''.

SEC. 206. OUTREACH.

    Section 15 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 the 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. 207. 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 sixty 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.
            ``(9) Provide training as needed to women-in-business 
        specialists designated pursuant to section 15(k)(1)(J) to carry 
        out their responsibilities under this Act.''.

SEC. 208. GENERAL ACCOUNTING OFFICE REPORT.

    (a) Report Requirement.--Not later than 3 years after the date of 
the enactment of this Act, the Comptroller General shall submit to 
Congress a report comparing the number of small business concerns owned 
and controlled by women procuring Federal contracts during the year 
preceding the date of the enactment of this Act with the number of such 
businesses during each of the 3 years occurring after such date. If the 
number of such businesses did not increase significantly by the end of 
the 3-year period beginning on the date of the enactment of this Act, 
the Comptroller General shall include in the report recommendations on 
actions that could be taken to increase the number.
    (b) Sense of Congress.--If the report required under subsection (a) 
shows that the number of small business concerns owned and controlled 
by women did not increase significantly by the end of the 3-year period 
beginning on the date of the enactment of this Act, it is the sense of 
Congress that further legislative steps should be taken to ensure that 
the number of Federal contracts entered into with small business 
concerns owned and controlled by women realistically reflects the 
potential of such business concerns to perform Federal contracting and 
subcontracting work.

         Subtitle B--Microenterprise Opportunity Expansion Act

SEC. 211. SHORT TITLE.

    This subtitle may be cited as the ``Microenterprise Opportunity 
Expansion Act''.

SEC. 212. PUBLIC ASSISTANCE PROVISIONS.

    (a) Business Assets Excluded From Resources and Income.--
            (1) AFDC.--
                    (A) Exclusion from resources.--Section 402(a)(7)(B) 
                of the Social Security Act (42 U.S.C. 602(a)(8)(A)) is 
                amended--
                            (i) by striking ``or'' at the end of clause 
                        (iii); and
                            (ii) by inserting before the semicolon the 
                        following: ``, or (v) any asset of the family 
                        which is primarily used for business purposes 
                        in a business owned, in whole or in part, by an 
                        individual eligible for aid under any State 
                        plan approved under this part; and''.
                    (B) Exclusion from income.--Section 402(a)(8)(A) of 
                such Act (42 U.S.C. 602(a)(8)(A)) is amended--
                            (i) by striking ``and'' at the end of 
                        clause (vii); and
                            (ii) by inserting after clause (viii) the 
                        following:
                    ``(ix) shall disregard from the income of any 
                child, relative, or other individual specified in 
                clause (ii) any asset which is primarily used for 
                business purposes in a business owned, in whole or in 
                part, by an individual eligible for aid under any State 
                plan approved under this part; 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 such individual (or such spouse) which 
        is primarily used for business purposes in a business owned, in 
        whole or in part, by an individual eligible for aid under any 
        State plan approved under part A of title IV.''.
                    (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 in a business owned, in whole or in 
        part, by an individual eligible for aid under any State plan 
        approved under part A of title IV.''.
    (b) Public Assistance Benefits Extended for Persons With Income 
From or Resources in a Microenterprise.--
            (1) AFDC and medicaid.--Section 402(a) of such 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 2-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, which is owned in whole 
        or in part by such family member, 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 such 
                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 2-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, which is owned in whole or in part by such 
        individual (or such spouse), all income of such individual (or 
        such spouse) attributable to the enterprise.''.
                    (B) Exclusion from resources.--Section 1613(a) of 
                such 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 2-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, which is owned in whole or in part by such 
        individual (or such spouse), all resources of such individual 
        (or such spouse) that are used primarily in the enterprise.''.

SEC. 213. 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 is actively involved in the ownership and 
                operation of a microenterprise or the preparation of a 
                business plan for the ownership and operation of a 
                microenterprise and is receiving guidance or 
                consultation in starting up or operating a 
                microenterprise from an experienced entrepreneur or 
                provider of technical business assistance.
            (2) Authorization for using unemployment funds to provide 
        startup assistance.--Nothing in section 3304(a)(4) or 3306(f) 
        of the Internal Revenue Code of 1986 or section 303(a)(5) of 
        the Social Security Act shall prevent amounts in a State 
        unemployment fund from being used to provide assistance to 
        eligible individuals in starting microenterprises. The amount 
        of assistance so provided shall be in the form of a lump sum 
        and shall be in lieu of the periodic payments of compensation 
        to which the individual would otherwise have been entitled and 
        shall not exceed the aggregate amount of compensation to which 
        the individual would otherwise have been so entitled.
            (3) 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 in which 
                        the individual will have an ownership interest, 
                        and
                            (iii) submits a request 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 Act of 1970.

SEC. 214. TREATMENT OF MICROENTERPRISE LOANS AND GRANTS BY INSURED 
              DEPOSITORY INSTITUTIONS AS COMMUNITY REINVESTMENT.

    (a) In General.--Section 804 of the Community Reinvestment Act of 
1977 (12 U.S.C. 2903) is amended--
            (1) by striking ``Sec. 804. In connection with'' and 
        inserting ``(a) In General.--In connection with''; and
            (2) by adding at the end the following new subsections:
    ``(b) Microenterprise Loans.--
            ``(1) Treatment of loans and grants.--The following amounts 
        shall be treated as an investment in a regulated financial 
        institution's community for purposes of subsection (a):
                    ``(A) The amount of any loan described in paragraph 
                (2)(A) made by the regulated financial institution 
                directly to a microenterprise, if the loan is made in 
                accordance with the requirements of subsection (c).
                    ``(B) The amount of any grant or donation made by 
                the regulated financial institution to any 
                microenterprise intermediary to meet operating costs of 
                the intermediary, including the costs associated with 
                training, technical assistance, and other support 
                services provided by the intermediary to 
                microenterprises.
                    ``(C) The amount of any regulated financial 
                institution's investment in a revolving fund 
                established by the institution for loans to 
                microenterprise intermediaries for lending to 
                microenterprises if--
                            ``(i) the amount of the investment in the 
                        revolving fund is equal to or greater than the 
                        amount which is equal to 0.05 percent of the 
                        assets of the institution;
                            ``(ii) the regulated financial 
                        institution--
                                    ``(I) makes grants or donations 
                                described in subparagraph (B) to 
                                microenterprise intermediaries the 
                                total amount of which equals or exceeds 
                                the amount which is equal to 15 percent 
                                of the amount required to be invested 
                                in the revolving fund under clause (i); 
                                or
                                    ``(II) provides financial services, 
                                including the establishment and 
                                maintenance of a transaction account, 
                                for a microenterprise (or any 
                                individual who controls the 
                                microenterprise) who receives a 
                                microenterprise loan from a 
                                microenterprise intermediary, at 
                                preferential or reduced rates which are 
                                at least as favorable to the 
                                microenterprise as the rates offered 
                                for such services to the institution's 
                                most preferred commercial customers; 
                                and
                            ``(iii) loans from the revolving fund may 
                        be made only to microenterprise intermediaries 
                        who agree to use the proceeds of the loan to 
                        make microenterprise loans in accordance with 
                        the requirements of subsection (c).
            ``(2) Microenterprise loan.--For purposes of this 
        subsection and subsection (c), the term `microenterprise 
        loan'--
                    ``(A) 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 $100 and 
                        not more than $10,000;
                            ``(iii) the interest rate on which is 
                        comparable to the interest rate charged on 
                        secured commercial loans offered by the 
                        regulated financial institution to the 
                        institution's most preferred commercial 
                        customers;
                            ``(iv) which--
                                    ``(I) is not secured by collateral; 
                                or
                                    ``(II) is secured by collateral the 
                                value of which, as a percentage of the 
                                amount of the loan, is substantially 
                                less than the percentage generally 
                                required by the institution for 
                                commercial loans; and
                            ``(v) the terms of which may permit the 
                        deferral of principal or interest payments 
                        otherwise due under such terms; and
                    ``(B) includes a loan to a microenterprise 
                intermediary the proceeds of which will be used by the 
                intermediary for making loans described in subparagraph 
                (A).
    ``(c) Criteria for Microenterprise Loans.--
            ``(1) In general.--A microenterprise loan meets the 
        requirements of this subsection if the loan is made in 
        accordance with the following criteria:
                    ``(A) In considering any loan to a microenterprise, 
                the lender takes into account--
                            ``(i) the creditworthiness of any person 
                        who controls the microenterprise in lieu of the 
                        creditworthiness of the enterprise;
                            ``(ii) in the case of a microenterprise 
                        which is a startup business, whether the 
                        microenterprise is soundly conceived; and
                            ``(iii) the need of the microenterprise for 
                        expansion capital.
                    ``(B) The lender accepts as collateral for the loan 
                a security interest in any personal property of any 
                person who controls the microenterprise which consists 
                of consumer or household goods.
                    ``(C) The lender does not require collateral or a 
                secured interest for more than 50 percent of the face 
                amount of the loan.
                    ``(D) The loans are made in amounts not less than 
                $100 and not more than $10,000 to persons who would not 
                otherwise qualify for a commercial loan.
                    ``(E) The lender provides technical assistance, 
                training, and counseling in business practices, such as 
                accounting, marketing, management, sales, financial 
                practices, and general business practices, and closely 
                monitors the microenterprise during the period the loan 
                is outstanding, including the enterprise's loan 
                repayment performance.
            ``(2) Lender defined.--For purposes of paragraph (1), the 
        term `lender' means--
                    ``(A) in the case of a microenterprise loan by a 
                regulated financial institution to a microenterprise, 
                the regulated financial institution; and
                    ``(B) in the case of a microenterprise loan by a 
                microenterprise intermediary to a microenterprise, the 
                microenterprise intermediary.''.
    (b) Clerical Amendment.--Section 804 of the Community Reinvestment 
Act of 1977 (12 U.S.C. 2903) is amended by inserting before subsection 
(a) (as so designated by subsection (a)(1) of this section) the 
following new heading:

``SEC. 804. ASSESSMENT OF RECORD OF MEETING COMMUNITY CREDIT NEEDS.''.

SEC. 215. TREATMENT OF MICROENTERPRISE LOANS OF SAVINGS ASSOCIATIONS AS 
              QUALIFIED THRIFT INVESTMENTS.

    (a) In General.--Section 10(m)(4)(C)(ii) of the Home Owners' Loan 
Act (12 U.S.C. 1467a(m)(4)(C)(ii)) is amended by adding at the end the 
following new subclause:
                                    ``(VII) The aggregate amount of 
                                microenterprise loans held by the 
                                savings association.''.
    (b) Microenterprise Loan Defined.--Section 10(m)(4) of the Home 
Owners' Loan Act (12 U.S.C. 1467a(m)(4)) is amended by adding at the 
end the following new subparagraph:
                    ``(D) Microenterprise loan.--For purposes of this 
                paragraph, the term `microenterprise loan'--
                            ``(i) 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 
                                $100 and not more than $10,000; and
                                    ``(III) the interest rate on which 
                                is comparable to the interest rate 
                                charged on secured commercial loans 
                                offered by the savings association to 
                                the association's most preferred 
                                commercial customers;
                                    ``(IV) which is not secured by 
                                collateral or is secured by collateral 
                                the value of which, as a percentage of 
                                the amount of the loan, is 
                                substantially less than the percentage 
                                generally required by the institution 
                                for commercial loans; and
                                    ``(V) the terms of which may permit 
                                the deferral of principal or interest 
                                payments otherwise due under such 
                                terms;
                            ``(ii) includes a loan to a microenterprise 
                        intermediary the proceeds of which will be used 
                        by the intermediary for making loans described 
                        in clause (i); and
                            ``(iii) does not include--
                                    ``(I) any loan to a microenterprise 
                                which does not meet the requirements of 
                                paragraph (8); or
                                    ``(II) any loan to a 
                                microenterprise intermediary which does 
                                not agree to use the proceeds of the 
                                loan to make microenterprise loans in 
                                accordance with the requirements of 
                                paragraph (8).''.
    (c) Criteria for Microenterprise Loans.--Section 10(m) of the Home 
Owners' Loan Act (12 U.S.C. 1467a(m)) is amended by adding at the end 
the following new paragraph:
            ``(8) Criteria for microenterprise loans.--
                    ``(A) In general.--A microenterprise loan meets the 
                requirements of this paragraph only if the savings 
                association makes the microenterprise loan, or the 
                microenterprise intermediary which receives a loan from 
                the association, agrees to use the proceeds of the loan 
                to make microenterprise loans in accordance with the 
                following criteria:
                            ``(i) In considering any loan to a 
                        microenterprise, the lender takes into 
                        account--
                                    ``(I) the creditworthiness of any 
                                person who controls the microenterprise 
                                in lieu of the creditworthiness of the 
                                enterprise;
                                    ``(II) in the case of a 
                                microenterprise which is a startup 
                                business, whether the microenterprise 
                                is soundly conceived; and
                                    ``(III) the need of the 
                                microenterprise for expansion capital.
                            ``(ii) The lender accepts as collateral for 
                        the loan a security interest in any personal 
                        property of any person who controls the 
                        microenterprise which consists of consumer or 
                        household goods.
                            ``(iii) The lender does not require 
                        collateral or a secured interest for more than 
                        50 percent of the face amount of the loan.
                            ``(iv) The loans are made in amounts not 
                        less than $100 and not more than $10,000 to 
                        persons who would not otherwise qualify for a 
                        commercial loan.
                            ``(v) The lender provides technical 
                        assistance, training, and counseling in 
                        business practices, such as accounting, 
                        marketing, management, financial practices, and 
                        general business practices and sales, to the 
                        microenterprise in connection with the loan and 
                        closely monitors the microenterprise, including 
                        the enterprise's loan repayment performance.
                    ``(B) Lender defined.--For purposes of subparagraph 
                (A), the term `lender' means--
                            ``(i) in the case of a microenterprise loan 
                        by a savings association to a microenterprise, 
                        the savings association; and
                            ``(ii) in the case of a microenterprise 
                        loan by a microenterprise intermediary to a 
                        microenterprise, the microenterprise 
                        intermediary.''.

SEC. 216. USE OF CDBG ASSISTANCE FOR ADMINISTRATIVE COSTS OF ENTITIES 
              ASSISTING MICROENTERPRISES.

    Section 105(a)(23) of the Housing and Community Development Act of 
1974 (42 U.S.C. 5305(a)(23)) is amended by adding at the end the 
following flush material:
        ``assistance provided to such entities under this paragraph may 
        be used for reasonable administrative and operating costs of 
        such entities related to facilitating economic development 
        through activities under subparagraphs (A) through (C);''.

SEC. 217. ESTABLISHMENT OF MICROENTERPRISE DIVISION IN EACH FEDERAL 
              BANKING AGENCY.

    (a) In General.--Each Federal banking agency (as defined in section 
3(z) of the Federal Deposit Insurance Act) 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 financial 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--
                    (A) collecting information relating to 
                microenterprises, including the ownership 
                characteristics of microenterprises and the performance 
                of microenterprises by industry;
                    (B) providing such information without charge to 
                interested persons; and
                    (C) 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.

SEC. 218. STUDY.

    (a) Availability of Credit for Small Businesses Which Are Larger 
Than Microenterprises.--The Financial Institutions Examination Council 
shall conduct a study before the end of the 2-year period beginning on 
the date of the enactment of this Act, based on the agency's experience 
in administering the microenterprise loan provisions of this Act, and 
the amendments made by this Act, on the best means to make credit 
available for small businesses which--
            (1) do not qualify for microenterprise loans or need credit 
        in larger amounts than is available through microenterprise 
        loans; and
            (2) need credit in smaller amounts than is generally 
        available from financial institutions or the Small Business 
        Administration.
    (b) Recommendations and Report.--The Financial Institutions 
Examination Council shall submit a report to the Congress before the 
end of the 2-year period referred to in subsection (a) containing the 
findings and conclusions of the agency in connection with the study 
conducted pursuant to subsection (a) and such recommendations for 
legislative and administrative action as the agency may determine to be 
appropriate.

             Subtitle C--Equal Surety Bond Opportunity Act

SEC. 221. SHORT TITLE.

    This subtitle may be cited as the ``Equal Surety Bond Opportunity 
Act''.

SEC. 222. 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, sexual orientation, disability, or age (if 
        the applicant has the capacity to contract);
            (2) because the applicant has in good faith exercised any 
        right under this Act;
            (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 profit-making organization to meet special needs.
    (b) Activities Not Constituting Discrimination.--It shall not 
constitute discrimination for purposes of this Act 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 the applicant 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 profit-making organization to meet special needs.
    (c) Additional Activities Not Constituting Discrimination.--It is 
not a violation of this Act 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 
        profit-making 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.--
                    (A) In general.--Except as provided in subparagraph 
                (B), any surety approved under section 9304 of title 
                31, United States Code, shall notify an applicant of 
                the surety's action on a completed application before 
                the end of the 10-day period beginning on the date the 
                application is filed with the surety.
                    (B) Extension.--The 10-day period referred to in 
                subparagraph (A) may be extended an additional 10 days 
                if the surety has not issued a bond to the applicant 
                during the 1-year period ending on the date the 
                application is filed with the surety.
            (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 Act 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 oral 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 Act, 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. 223. CIVIL LIABILITY.

    (a) Damages.--Any surety who fails to comply with section 222(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 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.
    (b) Equitable Relief.--Upon application by an aggrieved applicant, 
a court of competent jurisdiction may enjoin a surety from violating 
the requirements of this Act or grant such other equitable relief as 
the court determines to be appropriate to enforce such requirements.
    (c) 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.

SEC. 224. 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 Act.
    (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 3(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 
4(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 Act.
            (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. 225. EFFECTIVE DATE.

    Sections 222(d) and 224(a) shall take effect on the earlier of--
            (1) the effective date of the initial regulations 
        prescribed pursuant to section 224(d); or
            (2) the end of the 1-year period beginning on the date of 
        the enactment of this Act.

Subtitle D--Women and Minorities in Science and Engineering Work Force 
                                  Act

SEC. 231. SHORT TITLE.

    This subtitle may be cited as the ``Women and Minorities in Science 
and Engineering Work Force Act''.

SEC. 232. 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. 233. 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 Act referred to as the ``Commission'').

SEC. 234. DUTY OF COMMISSION.

    The Commission shall conduct a study to--
            (1) identify the number of women in the United States in 
        the science and engineering work forces, the specific types of 
        occupations in such workforces in which women scientists and 
        engineers are underrepresented;
            (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) describe the practices and policies of employers and 
        labor unions 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) describe the employment situations in which the 
        recruitment, retention, and advancement of women scientists and 
        engineers are comparable to their male counterparts, and 
        identify those situations in which such comparability does not 
        exist;
            (6) compile a synthesis of available research on practices, 
        policies, and programs that have successfully led to the 
        recruitment, retention, and advancement 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;
            (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; and
            (8) issue recommendations that government (including 
        Congress and appropriate Federal agencies), academia, and 
        private industry can follow to assist in the recruitment, 
        retention, and advancement of women in science and engineering.

SEC. 235. 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.--Initial appointments shall be made 
under subsection (a) not later than 180 days after the date of the 
enactment of this Act. In making each appointment 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 decision-making 
        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 maximum rate of pay payable under 
        section 5376 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 reports described in subsections 
        (a) and (b) of section 228. The Commission shall hold 
        additional meetings for such purpose if the Chairperson or a 
        majority of the members of the Commission requests the 
        additional meetings in writing.
            (2) Meetings after completion of report.--The Commission 
        shall meet at least once, but not more than twice after the 
        completion of the report described in section 228(b), in 
        connection with and pending completion of the report required 
        by section 228(c).
    (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. 236. 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 annual rate of basic pay payable under section 
5376 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 maximum 
annual rate of basic pay payable under section 5376 of title 5, United 
States Code.
    (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 under section 5376 of title 5, United States 
Code.
    (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 Act.

SEC. 237. POWERS OF COMMISSION.

    (a) Hearings and Sessions.--The Commission may, for the purpose of 
carrying out this Act, 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 Act. 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 Act.
    (g) Contract Authority.--To the extent provided in advance in 
appropriations Acts, 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 Act.

SEC. 238. REPORTS.

    (a) Status Report.--Not later than 1 year after the date on which 
the initial appointments under section 235(a) are completed, the 
Commission shall submit to the President and the Congress a written 
report describing the current activities and findings of the Commission 
and the direction of the Commission.
    (b) Recommendation Report.--Not later than 18 months after the date 
on which the initial appointments under section 235(a) 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 234; and
            (2) recommendations, including specific proposed 
        legislation and administrative action, based on the findings 
        and conclusions referred to in paragraph (1).
    (c) Follow-Up Report.--After submission of the report required by 
subsection (b) and before the termination of the Commission, the 
Commission shall submit to the President and to the Congress a written 
report--
            (1) identifying which of the recommendations included in 
        such report have been implemented; and
            (2) containing any additional information the Commission 
        considers to be appropriate.

SEC. 239. TERMINATION.

    The Commission shall terminate 1 year after submitting the report 
required by section 238(b).

SEC. 239A. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated for fiscal years 1995, 
1996, and 1997 such sums as may be necessary to carry out this Act.

             Subtitle E--Job Training Self-Sufficiency Act

SEC. 241. SHORT TITLE.

    This subtitle may be cited as the ``Self-Sufficiency Standard 
Act''.

SEC. 242. FINDINGS AND PURPOSE.

    (a) Findings.--The Congress finds that--
            (1) the principle objective of programs under part A of 
        title II of the Job Training Partnership Act (29 U.S.C. 1601 et 
        seq.) is to move economically disadvantaged adults into 
        permanent, unsubsidized employment that pays a wage that 
        enables such adults to achieve long-term economic self-
        sufficiency for themselves and their dependents;
            (2) current measures of success of such programs do not 
        accurately assess the degree to which participants achieve 
        long-term economic self-sufficiency;
            (3) in order to ensure that such programs result in long-
        term economic self-sufficiency for participants, performance 
        standards must focus both on the wage and benefits a 
        participant receives relative to the participant's family size 
        and needs, and on the duration and stability of the 
        participant's employment; and
            (4) the wage and benefits needed to achieve long-term 
        economic self-sufficiency will vary by family size and local 
        market conditions governing prices of essential goods and 
        services.
    (b) Purposes.--The purposes of this Act are--
            (1) to provide for the establishment and use of local 
        economic self-sufficiency standards tables to accurately 
        measure the effectiveness of adult training programs carried 
        out under part A of title II of the Job Training Partnership 
        Act (29 U.S.C. 1601 et seq.); and
            (2) to provide grants to States to develop demonstration 
        and exemplary programs to increase the number of participants 
        under such programs who are trained and placed in jobs that 
        yield long-term economic self-sufficiency using the local 
        economic self-sufficiency standards tables.

SEC. 243. DEFINITION OF ECONOMIC SELF-SUFFICIENCY.

    Section 4 of the Job Training Partnership Act (29 U.S.C. 1503) is 
amended by adding at the end the following new paragraph:
            ``(41) The term `economic self-sufficiency' means the 
        ability of an individual to meet the following basic needs for 
        the individual and such individual's family:
                    ``(A) Housing.
                    ``(B) Child care.
                    ``(C) Adult dependent care.
                    ``(D) Food.
                    ``(E) Transportation.
                    ``(F) Health care.
                    ``(G) Work-related expenses.''.

SEC. 244. ESTABLISHMENT OF ECONOMIC SELF-SUFFICIENCY STANDARDS FOR 
              ADULT TRAINING PROGRAMS.

    (a) In General.--Section 106(b) of such Act (29 U.S.C. 1516(b)) is 
amended by adding at the end the following new paragraph:
            ``(9) Economic self-sufficiency standards for adult 
        programs.--
                    ``(A) Formula developed by the Secretary.--(i)(I) 
                Not later than 6 months after the date of the enactment 
                of this paragraph, the Secretary shall develop and 
                publish in the Federal Register a proposed formula 
                which measures the minimum amount of wages and 
                employment benefits that a participant enrolled in a 
                program under part A of title II should receive after 
                termination from such program to ensure the long-term 
                economic self-sufficiency of such participant.
                    ``(II) The Secretary shall provide for public 
                review and comment of the proposed formula described in 
                subclause (I) within the 60-day period beginning on the 
                date such formula is published in the Federal Register. 
                Not later than 4 months after the end of such 60-day 
                period, the Secretary shall develop and publish in the 
                Federal Register a final formula.
                    ``(ii) The Secretary shall base the formula 
                described in clause (i) on appropriate factors, which 
                shall include--
                            ``(I) the participant's family size and 
                        composition, including the number and age of 
                        dependent adults and children;
                            ``(II) 100 percent of the average housing 
                        costs, which shall be based on the fair market 
                        rental in effect for the market area in which 
                        the participant resides, as established by the 
                        Secretary of Housing and Urban Development 
                        pursuant to section 8(c) of the United States 
                        Housing Act of 1937;
                            ``(III) 100 percent of the average child 
                        care costs (differentiated by the age of each 
                        child), which may be based on the actual cost 
                        of such care established under section 
                        402(g)(1)(C)(i)(I) the Social Security Act or 
                        the applicable local market rate established 
                        under clause (ii) of such section;
                            ``(IV) 100 percent of the average adult 
                        dependent care costs, which may be based on 
                        local surveys or the local average of such 
                        costs;
                            ``(V) 100 percent of the average health 
                        care costs, which shall include costs incurred 
                        for full family health care coverage (including 
                        premiums, deductibles, and co-payments), and 
                        which may be based on local surveys or the 
                        local average of such costs;
                            ``(VI) 100 percent of the average 
                        transportation costs, which may be based on 
                        local surveys or the local average of such 
                        costs;
                            ``(VII) 100 percent of the food costs, 
                        which shall be equal to \1/3\ of the official 
                        poverty line (as defined by the Office of 
                        Management and Budget, and revised annually in 
                        accordance with section 673(2) of the Omnibus 
                        Budget Reconciliation Act of 1981 (42 U.S.C. 
                        9902(2)); and
                            ``(VIII) 100 percent of the average work-
                        related costs, which shall include the cost of 
                        uniforms, tools, and other appropriate work-
                        related costs.
                    ``(iii) The Secretary shall also designate, from 
                among the needs identified through the needs assessment 
                conducted under this Act, those needs which shall be 
                used by a service delivery area to develop the summary 
                needs table under section 104(b)(14)(B).
                    ``(B) Local economic self-sufficiency standards 
                tables developed by service delivery areas.--(i) Not 
                later than 12 months after the date on which the 
                Secretary publishes the final formula in the Federal 
                Register under subparagraph (A)(i)(II), each service 
                delivery area shall, in accordance with such formula, 
                develop and submit to the Governor a local economic 
                self-sufficiency standards table which measures the 
                minimum amount of wages and employment benefits that a 
                participant enrolled in a program under part A of title 
                II in such area should receive after termination from 
                such program to ensure the long-term economic self-
                sufficiency of such participant.
                    ``(ii) The Secretary shall provide technical 
                assistance to States and service delivery areas for the 
                purpose of assisting such service delivery areas to 
                develop the local economic self-sufficiency standards 
                tables under clause (i).
                    ``(C) Approval and disapproval of table.--(i) Not 
                later than 30 days after the date on which the Governor 
                receives a local economic self-sufficiency standards 
                table submitted by a service delivery area under 
                subparagraph (B)(i), the Governor shall review such 
                table and approve or disapprove such table in 
                accordance with this subparagraph.
                    ``(ii) The Governor shall approve each local 
                economic self-sufficiency standards table only if--
                            ``(I) such table accounts for the full 
                        range of variations of family size and 
                        composition described in subclause (I) of 
                        subparagraph (A)(ii);
                            ``(II) such table accounts for 100 percent 
                        of each of the costs described in subclauses 
                        (II) through (VIII) of subparagraph (A)(ii);
                            ``(III) the methodology used to determine 
                        such costs accurately represent such costs; and
                            ``(IV) such table complies with all other 
                        provisions of the formula developed by the 
                        Secretary under subparagraph (A).
                    ``(iii) If the Governor determines that the table 
                does not meet the requirements of clause (ii) or is 
                otherwise incomplete or unsatisfactory, the Governor 
                shall, before the end of the period referred to in 
                clause (i)--
                            ``(I) notify the service delivery area of 
                        the reasons for the failure to approve the 
                        table;
                            ``(II) notify the service delivery area 
                        that the table may be resubmitted during the 
                        period referred to in subclause (III); and
                            ``(III) permit the service delivery area to 
                        resubmit a corrected or amended table during 
                        the 30-day period beginning on notification 
                        under this clause.
                    ``(iv) The Governor shall review and approve or 
                disapprove any table resubmitted under clause (iii) 
                beginning before the expiration of the 30-day period 
                beginning upon such resubmission.
                    ``(D) Annual updates.--Each service delivery area 
                shall update the local economic self-sufficiency 
                standards table developed by such area on an annual 
                basis and shall submit to the Governor a description of 
                the updated version of such table.''.
    (b) Conforming Amendment.--Paragraph (3) of section 106(b) of such 
Act (29 U.S.C. 1516(b)(3)) is amended by striking ``The Secretary'' and 
inserting ``In addition to the standards under local economic self-
sufficiency standards tables developed pursuant to paragraph (9), the 
Secretary''.

SEC. 245. PROHIBITION OF INCENTIVE GRANTS TO SERVICE DELIVERY AREAS 
              THAT DO NOT HAVE IN EFFECT AN APPROVED LOCAL ECONOMIC 
              SELF-SUFFICIENCY STANDARDS TABLE.

    (a) In General.--Paragraph (7) of section 106(b) of such Act (29 
U.S.C. 1516(b)(7)) is amended--
            (1) by striking ``From funds available'' and inserting 
        ``(A) Subject to subparagraph (B), from funds available'';
            (2) by redesignating clauses (i) and (ii) of subparagraph 
        (D) as subclauses (I) and (II), respectively;
            (3) by redesignating subparagraphs (A) through (E) of such 
        paragraph as clauses (i) through (v), respectively; and
            (4) by adding at the end the following new subparagraph:
            ``(B) A Governor shall not award incentive grants for 
        programs under part A of title II to service delivery areas 
        that do not have in effect a local economic self-sufficiency 
        standards table approved under paragraph (9)(C).
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect 2 years after the date of the enactment of this Act.

SEC. 246. INCLUSION OF LOCAL ECONOMIC SELF-SUFFICIENCY STANDARDS TABLE 
              AND RELATED REPORTS IN JOB TRAINING PLAN.

    (a) Local Economic Self-Sufficiency Standards Table.--Subparagraph 
(B) of section 104(b)(5) of such Act (29 U.S.C. 1514(b)(5)(B)) is 
amended by inserting ``, including the local economic self-sufficiency 
standards table developed pursuant to subsection (b)(9) of such 
section'' after ``section 106''.
    (b) Annual Reports.--Subsection (b) of section 104 of such Act (29 
U.S.C. 1514(b)) is amended--
            (1) in paragraph (12), by striking ``; and'' and inserting 
        a semicolon;
            (2) in paragraph (13), by striking the period at the end of 
        such paragraph and inserting ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(14) procedures for the preparation and submission of an 
        annual report to the Governor, which shall include--
                    ``(A) with respect to each participant who has 
                completed training under a program carried out under 
                part A of title II in the service delivery area, 
                information relating to--
                            ``(i) the type and amount of services 
                        provided to such participant under the program;
                            ``(ii) the subsequent employment of the 
                        participant, where appropriate, including the 
                        amount of wages and employment benefits 
                        received by the participant under such 
                        employment; and
                            ``(iii) the degree of long-term economic 
                        self-sufficiency which the participant has 
                        achieved as a result of the training received 
                        by the participant under the program based upon 
                        the local economic self-sufficiency standards 
                        table; and
                    ``(B) a summary needs table which--
                            ``(i) ranks and places participants into at 
                        least 4 categories of equal size based upon the 
                        needs designated by the Secretary under section 
                        106(b)(9)(A)(iii);
                            ``(ii) includes a description of the level 
                        of measurements used to place the participants 
                        into such categories; and
                            ``(iii) includes a description of the 
                        degree to which participants in each category 
                        achieved long-term economic self-sufficiency 
                        after termination from a program under part A 
                        of title II.''.

SEC. 247. INCLUSION OF LOCAL ECONOMIC SELF-SUFFICIENCY STANDARDS TABLES 
              AND RELATED REPORTS IN GOVERNOR'S COORDINATION AND 
              SPECIAL SERVICES PLAN.

    Subsection (b) of section 121 of such Act (29 U.S.C. 1531(b)) is 
amended--
            (1) by redesignating paragraphs (6) and (7) as paragraphs 
        (7) and (8), respectively; and
            (2) by inserting after paragraph (5) the following new 
        paragraph:
            ``(6) The plan shall include--
                    ``(A) the local economic self-sufficiency standards 
                table developed by each service delivery areas pursuant 
                to section 106(b)(9);
                    ``(B) a compilation of the reports received by the 
                Governor under section 104(b)(14); and
                    ``(C) a description of goals and objectives to 
                assist participants enrolled in programs under part A 
                of title II achieve long-term economic self-
                sufficiency.''.

SEC. 248. DEMONSTRATION PROGRAMS TO IMPLEMENT LOCAL ECONOMIC SELF-
              SUFFICIENCY STANDARDS TABLES.

    (a) In General.--Part D of title IV of such Act (29 U.S.C. 1737 et 
seq.) is amended by adding at the end the following new section:

``SEC. 457. ECONOMIC SELF-SUFFICIENCY DEMONSTRATION GRANT PROGRAM.

    ``(a) Authorization.--
            ``(1) In general.--From funds available under this part for 
        the fiscal years 1996, 1997, and 1998, the Secretary shall use 
        $1,500,000 in each such fiscal year to provide grants to States 
        to establish and carry out demonstration and exemplary programs 
        to increase the number of participants in programs under part A 
        of title II who are trained and placed in jobs that yield long-
        term economic self-sufficiency in accordance with the local 
        economic self-sufficiency standards tables under section 
        106(b)(9).
            ``(2) Limitation.--The Secretary may provide no more than 6 
        grants in each fiscal year under paragraph (1).
    ``(b) Application.--The Secretary may provide a grant to a State 
under subsection (a) only if such State submits to the Secretary an 
application which contains such information as the Secretary may 
reasonably require.
    ``(c) Use of Funds.--
            ``(1) In general.--A State shall use amounts received from 
        a grant under subsection (a) to award grants to service 
        delivery areas and eligible service providers described in 
        paragraph (3) to develop and test strategies to train, place, 
        and retain participants in jobs that yield long-term economic 
        self-sufficiency in accordance with the local economic self-
        sufficiency standards tables under section 106(b)(9).
            ``(2) Appropriate level of services.--In providing grants 
        under paragraph (1), a State shall ensure that each service 
        delivery area or service provider provides for an appropriate 
        level of services, including supportive services, to 
        participants using the relevant local economic self-sufficiency 
        standards tables developed by the service delivery area.
            ``(3) Eligible service providers.--Eligible service 
        providers described in this paragraph are community-based 
        organizations, educational institutions, or any other service 
        providers in the State that have a demonstrated success in--
                    ``(A) providing occupational skills training to 
                participants for high-wage jobs; and
                    ``(B) ensuring that participants receive supportive 
                services in order to successfully complete such 
                training.
    ``(d) Administrative and Related Costs.--In any fiscal year in 
which a State receives amounts from a grant under subsection (a), the 
State may retain an amount not to exceed 10 percent of the grant amount 
to--
            ``(1) pay the administrative costs of programs established 
        and carried out under subsection (a);
            ``(2) facilitate the coordination of statewide approaches 
        to training and placing participants in jobs yielding long-term 
        economic self-sufficiency; and
            ``(3) provide technical assistance to service delivery 
        areas and service providers.
    ``(e) Selection.--In providing grants to States under subsection 
(a), the Secretary shall consider--
            ``(1) the extent to which the State has demonstrated that 
        the coordination of services provided under this Act with 
        services provided by agencies and organizations addressing the 
        basic needs of low-income individuals, including housing, food, 
        transportation, dependent care, and health care, has resulted 
        in the prompt and efficient delivery of services to 
        participants under this Act;
            ``(2) the extent to which the State has demonstrated its 
        capability to ensure the provision of all needed supportive 
        services to participants in any job training program carried 
        out in the State for the duration of such participants' 
        enrollment;
            ``(3) the extent of private sector involvement in the 
        development and implementation of training programs that 
        increase opportunities for participants to achieve long-term 
        economic self-sufficiency under this Act in the State;
            ``(4) the extent to which the initiatives proposed by a 
        State in its application supplement or build upon existing 
        efforts in the State to train and place individuals in jobs 
        that increase opportunities for participants to achieve long-
        term economic self-sufficiency;
            ``(5) whether the proposed amount of the grant to be 
        provided under subsection (a) is sufficient to accomplish 
        measurable goals;
            ``(6) the extent to which the State is prepared to 
        disseminate information on its demonstration training programs 
        relating to training, placement, and other services; and
            ``(7) the extent to which the State is prepared to produce 
        materials that allow for replication of such State's 
        demonstration training programs.
    ``(f) Evaluation.--The Secretary shall provide for an evaluation of 
the programs established and carried out under subsection (a), 
including evaluation of the effectiveness of such programs in--
            ``(1) assisting participants with varying needs in 
        achieving long-term economic self-sufficiency through training, 
        placement, and other services;
            ``(2) effectively implementing the use of local economic 
        self-sufficiency standards tables to increase the number of 
        participants achieving long-term economic self-sufficiency; and
            ``(3) developing and replicating approaches to assist 
        participants with varying needs in achieving long-term economic 
        self-sufficiency through training, placement, and other 
        services.''.
    (b) Conforming Amendment.--The table of contents of such Act is 
amended by inserting after the item relating to section 456 the 
following new item:

``Sec. 457. Economic self-sufficiency demonstration grant program.''.

SEC. 249. REPORT AND RECOMMENDATIONS.

    (a) Report.--Not later than 2 years after the date on which the 
Secretary provides the 1st grant to a State under section 457(a)(1) of 
the Job Training Partnership Act and biennially thereafter, the 
Secretary of Labor shall submit to the Congress a report on--
            (1) the extent to which States, service delivery areas, and 
        other service providers have succeeded in training, placing, 
        and retaining participants enrolled in programs under part A of 
        title II of such Act in jobs yielding long-term economic self-
        sufficiency; and
            (2) the effectiveness of the demonstration programs 
        established under section 457 of such Act in developing and 
        replicating approaches to train, place, and retain participants 
        in such jobs, including a summary of activities performed by 
        grant recipients under the demonstration programs authorized 
        under such section.
    (b) Recommendations.--The report described in subsection (a) shall 
include recommendations on--
            (1) the need to continue, expand, or modify the 
        demonstration programs established under section 457 of the Job 
        Training Partnership Act;
            (2) legislative and administrative changes necessary to 
        increase opportunities for participants to achieve long-term 
        economic self-sufficiency; and
            (3) legislative and administrative action necessary to 
        institutionalize the use of local economic self-sufficiency 
        standards tables as the principal measure of performance for 
        programs carried out under part A of title II of the Job 
        Training Partnership Act (29 U.S.C. 1601 et seq.) such that--
                    (A) the basic measure of performance for such 
                programs shall be the achievement of long-term economic 
                self-sufficiency resulting from participation in the 
                program;
                    (B) placements are evaluated according to whether 
                the wages and employment benefits meet the 
                participant's particular long-term economic self-
                sufficiency needs;
                    (C) both wages and the cash value of employment 
                benefits are used to determine whether a participant 
                has achieved the self-sufficiency standard for their 
                particular family size and composition;
                    (D) in order to ensure that participants with 
                varying needs are served equitably, the placements 
                shall be equitably distributed among the categories 
                contained in the summary needs table established by the 
                service delivery area in the job training plan prepared 
                under section 104(b)(14)(B) of the Job Training 
                Partnership Act; and
                    (E) incentive grants under section 106(b)(7) of 
                such Act (29 U.S.C. 1516(b)(7)) are provided to service 
                delivery areas based primarily on the extent to which 
                such areas exceed the standards under the local 
                economic self-sufficiency standards table for such 
                areas.

                       TITLE III--WORK AND FAMILY

         Subtitle A--Child Care Public-Private Partnership Act

SEC. 301. SHORT TITLE.

    This title may be cited as the ``Child Care Public-Private 
Partnership Act of 1993''.

SEC. 302. ESTABLISHMENT OF BUSINESS INCENTIVE GRANT PROGRAM.

    The Secretary of Health and Human Services shall establish a 
program to make grants to--
            (1) businesses and consortia--
                    (A) to pay start-up costs incurred to provide child 
                care services; or
                    (B) to provide additional child care services;
        needed by the employees of such businesses; and
            (2) nonprofit business organizations to provide technical 
        information and assistance to enable businesses to provide 
        child care services.

SEC. 303. ELIGIBILITY TO RECEIVE GRANTS.

    To be eligible to receive a grant under section 302, a business, 
nonprofit business organization, or consortium shall submit to the 
Secretary an application in accordance with section 304.

SEC. 304. APPLICATION.

    The application required by section 303 shall be submitted by a 
business, nonprofit business organization, or consortium at such time, 
in such form, and containing such information as the Secretary may 
require by rule, except that such application shall contain--
            (1) an assurance that the applicant shall expend, for the 
        purpose for which such grant is made, an amount not less than 
        200 percent of the amount of such grant;
            (2) an assurance that such applicant will expend such grant 
        for the use specified in paragraph (1) or (2) of section 302, 
        as the case may be;
            (3) an assurance that such applicant will employ strategies 
        to ensure that child care services provided by such applicant, 
        or provided with the technical information and assistance made 
        available by such applicant, are provided at affordable rates, 
        and on an equitable basis, to low- and moderate-income 
        employees;
            (4) an assurance that such applicant--
                    (A) in the case of a business or consortium, will 
                comply with all State and local licensing requirements 
                applicable to such business or consortium concerning 
                the provision of child care services; or
                    (B) in the case of a nonprofit business 
                organization, will employ procedures to ensure that 
                technical information and assistance provided under 
                this Act by such business organization will be provided 
                only to businesses that provide child care services in 
                compliance with all State and local licensing 
                requirements applicable to child care providers in such 
                State; and
            (5) in the case of a business or consortium, an assurance 
        that if the employees of such applicant do not require all the 
        child care services for which such grant and the funds required 
        by paragraph (1) are to be expended by such applicant, the 
        excess of such child care services shall be made available to 
        families in the community in which such applicant is located.

SEC. 305. SELECTION OF GRANTEES.

    For purposes of selecting applicants to receive grants under this 
Act, the Secretary shall give priority to businesses that have fewer 
than 100 full-time employees. To the extent practicable, the Secretary 
shall--
            (1) make grants equitably under this Act to applicants 
        located in all geographical regions of the United States; and
            (2) give priority to applicants for grants under section 
        302(1).

SEC. 306. DEFINITIONS.

    As used in the Act:
            (1) Business.--The term ``business'' means a person engaged 
        in commerce whose primary activity is not providing child care 
        services.
            (2) Child care services.--The term ``child care services'' 
        means care for a child that is--
                    (A) provided on the site at which a parent of such 
                child is employed or at a site nearby in the community; 
                and
                    (B) subsidized at least in part by the business 
                that employs such parent.
            (3) Consortium.--The term ``consortium'' means 2 or more 
        businesses acting jointly. A consortium may also include a 
        nonprofit private organization.
            (4) Secretary.--The term `Secretary' means the Secretary of 
        Health and Human Services.

SEC. 307. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to carry out this Act 
$25,000,000 for each of the fiscal years 1994, 1995, 1996, and 1997.

                  Subtitle B--After-School Child Care

SEC. 311. SHORT TITLE.

    This subtitle may be cited as the ``After-School Child Care Act of 
1993''.

SEC. 312. FINDINGS.

    The Congress makes the following findings:
            (1) Major changes have occurred in America's family and 
        work life in the past two decades as women with children have 
        entered the work force in large numbers.
            (2) Between 1970 and 1988, the proportion of all women with 
        children younger than 18 who were in the labor force rose from 
        40 to 65 percent.
            (3) For many working parents, especially single parents, 
        finding quality and affordable afterschool services to provide 
        supervision for their children until the end of the work day is 
        a major concern and challenge.
            (4) Because of the cost or unavailability of services, 
        afterschool care for many has been an insurmountable problem 
        which has resulted in children being left along afterschool to 
        fend for themselves.
            (5) More than 2,000,000 children between the ages of 5 
        through 13 are left alone to care for themselves after school.
            (6) Because of the lack of adult supervision, such children 
        are exposed to higher risks of physical injury at the hands of 
        others or themselves.
            (7) Recent studies have also found that children 
        unsupervised for 1 or more hours per school day are at greater 
        risk of substance abuse.
            (8) The community as a whole also suffers from the limited 
        availability of quality and affordable afterschool care for 
        children.

SEC. 313. PURPOSE.

    The purpose of this Act is to provide grants to assist State 
educational agencies and local educational agencies in establishing 
State and district-wide afterschool care programs that--
            (1) provide affordable and quality afterschool supervision 
        for students enrolled in kindergarten through grade 6 who could 
        be without supervision of an adult after the end of the 
        instructional school day as a result of parental employment;
            (2) reinforce and expand learning experiences of children 
        by providing a spectrum of opportunities and activities after 
        regular school hours, including homework help, reading, 
        tutorial assistance, enrichment in areas such as art, crafts 
        and expressive arts, and access to school libraries and 
        classrooms;
            (3) improve the physical development of children by 
        providing supervised recreational sports, and fitness 
        activities;
            (4) increase the utilization of school facilities; and
            (5) enhance the relationship between home and school by 
        collaboratively meeting the needs of children.

SEC. 314. PROGRAM AUTHORIZED.

    (a) General Authority.--The Secretary of Education is authorized to 
make grants to State and local educational agencies which have 
applications approved under section 315 to pay the Federal share of the 
cost of programs designed to provide affordable and quality afterschool 
care for students enrolled in kindergarten through grade 6.
    (b) Uses of Funds.--State and local educational agencies that 
receive grants under this Act may use the funds to plan, develop, 
implement, administer, or expand afterschool care programs through 
cooperative agreements, contracts for services, or direct employment of 
staff, which--
            (1) provides stimulating afterschool activities such as 
        homework assistance, tutoring, reading, physical activity, arts 
        and crafts, and expressive arts;
            (2) utilizes existing public school facilities, including 
        classrooms, libraries, computers, and other school equipment; 
        and
            (3) utilizes school teachers, counselors, administrators, 
        other faculty and parents to provide afterschool supervision.
    (c) Eligible Students.--Participation in such an afterschool 
program shall be limited to public elementary school students enrolled 
in kindergarten through grade 6 who--
            (1) come from households headed by a single working parent 
        or guardian, or two working parents or guardians;
            (2) are children of persons who work in the afterschool 
        program;
            (3) are children of parents who attend school or job 
        training for career development; or
            (4) are recommended by the school on the basis of 
        educational need, subject to available resources.

SEC. 315. APPLICATION.

    (a) Application.--A State or local educational agency that desires 
to receive a grant under this Act shall submit an application to the 
Secretary of Education at such time, in such manner, and accompanied by 
such additional information as the Secretary may reasonably require.
    (b) Requirements.--Each such application shall contain a plan to 
develop and implement a State or district-wide afterschool program 
which includes--
            (1) policies and procedures for the employment of adequate 
        staff to administer the afterschool program;
            (2) if applicable, procedures for contracting with private 
        entities to provide afterschool services;
            (3) policies and procedures for establishing affordable 
        fees to be paid by parents and guardians to help pay for the 
        cost of the afterschool care;
            (4) policies to ensure that students who qualify for the 
        school free or reduced-price lunch program are exempt from 
        program fees;
            (5) policies and procedures to establish under what 
        circumstances students may be precluded from continued 
        participation in the program, including failure to pay the 
        program fee, chronic late pick-ups, or conduct which 
        jeopardizes the safety or welfare of the program's staff or 
        participants;
            (6) a plan to ensure optimum use of the educational 
        facilities and resource available at sites that are not in 
        conflict with the goals and objectives of the State or local 
        educational agency's regular education and afterschool 
        instructional program;
            (7) a plan to ensure adequate coordination with the public 
        school system on such matters as shared use of facilities, 
        materials and equipment, and curriculum;
            (8) a plan to ensure the development of a meaningful 
        curriculum consistent with objectives of the State or local 
        educational agency's regular instructional program; and
            (9) a plan to ensure parental and community participation 
        in the development of an afterschool program, including input 
        from existing public and private providers of afterschool care.
    (c) Special Consideration.--In making an award under this Act, the 
Secretary shall give special consideration to--
            (1) the geographic distribution of awards, including urban 
        and rural districts; and
            (2) districts with high proportions of at-risk students.

SEC. 316. LIMITATIONS.

    (a) Federal Share.--Federal funds may be used for not more than 75 
percent of the costs of the project with the remaining funds coming 
from non-Federal sources, including program fees paid by parents and 
in-kind services.
    (b) Limitation on Planning Costs.--Not more than \1/3\ of project 
funds may be used for planning an afterschool program.
    (c) Implementation of Non-Federal Funds.--All Federal funds must be 
used to supplement and not supplant the funds that would otherwise be 
available from non-Federal sources for this project.

SEC. 317. REPORTS.

    A State or local educational agency that receives a grant under 
this Act shall submit to the Secretary a report by March of each year 
that--
            (1) describes the progress in meeting the purpose of this 
        Act;
            (2) includes information on the enrollment and costs of the 
        afterschool program;
            (3) describes the impact of the program on--
                    (A) meeting the need of afterschool care in the 
                State or district;
                    (B) other existing public and private afterschool 
                care programs; and
                    (C) functioning of the regular school program; and
            (4) any other information that may be prescribed by the 
        Secretary of Education.

SEC. 318. AUTHORIZATION OF FUNDS.

    There are authorized to be appropriated to carry out the provisions 
of this Act $250,000,000 for the fiscal year 1995 and such sums as may 
be necessary for each of the fiscal years, 1996, 1997, 1998, and 1999.

          Subtitle C--Dependent Care Tax Credit Refundability

SEC. 321. 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 1994, 
                        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 ``1993'' 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, 1993.

       Subtitle D--Tax Incentives for Family-Friendly Workplaces

SEC. 331. SHORT TITLE.

    This subtitle may be cited as the ``Tax Incentives for Family-
Friendly Workplaces Act''.

SEC. 332. SMALL BUSINESS FAMILY AND MEDICAL LEAVE CREDIT.

    (a) In General.--Subpart D of part IV of subchapter A of chapter 1 
of the Internal Revenue Code of 1986 (relating to business related 
credits) is amended by adding at the end thereof the following new 
section:

``SEC. 45A. SMALL BUSINESS FAMILY AND MEDICAL LEAVE CREDIT.

    ``(a) Amount of Credit.--For purposes of section 38, in the case of 
an eligible small business employer, the amount of the small business 
family and medical leave credit determined under this section for any 
taxable year shall be an amount equal to 50 percent of the qualified 
family and medical leave costs paid or incurred by the taxpayer during 
such taxable year.
    ``(b) Limitation on Credit.--The credit allowed by subsection (a) 
with respect to each employee for qualified family and medical leave 
costs paid or incurred by the taxpayer during the taxable year with 
respect to such employee shall not exceed $2,000.
    ``(c) Definitions.--For purposes of this section--
            ``(1) Eligible small business employer.--The term `eligible 
        small business employer' means any employer who complies with 
        title I of the Family and Medical Leave Act of 1993 but who is 
        not required to comply with such title by reason of employing 
        fewer than 50 employees during the periods described in section 
        101(4)(A) of such Act.
            ``(2) Qualified family and medical leave costs.--The term 
        `qualified family and medical leave costs' means expenses 
        incurred in connection with complying with title I of the 
        Family and Medical Leave Act of 1993.
    ``(d) Denial of Double Benefit.--No deduction shall be allowed 
under this chapter for that portion of the qualified family and medical 
leave costs otherwise allowable as a deduction for the taxable year 
which is equal to the amount of the credit determined for such taxable 
year under this section.''
    (b) Technical Amendment.--Subsection (b) of section 38 of such Code 
is amended by striking ``plus'' at the end of paragraph (7), by 
striking the period at the end of paragraph (8) and inserting ``, 
plus'', and by adding at the end thereof the following new paragraph:
            ``(9) in the case of an eligible small business employer 
        (as defined in section 45A(c)), the small business family and 
        medical leave credit determined under section 45A.''
    (c) Clerical Amendment.--The table of sections for subpart D of 
part IV of subchapter A of chapter 1 of such Code is amended by adding 
at the end the following new item:

                              ``Sec. 45A. Small business family and 
                                        medical leave credit.''
    (d) Effective Date.--The amendments made by this section shall 
apply to expenses paid or incurred after the date which is 6 months 
after the date of the enactment of the Family and Medical Leave Act of 
1993.

SEC. 333. CREDIT FOR WAGES PAID TO EMPLOYEE WHO IS ALLOWED TO SHIFT 
              HOURS OF EMPLOYMENT OR TO WORK AT HOME IN ORDER TO REDUCE 
              CHILD CARE NEEDS.

    (a) In General.--Subpart D of part IV of subchapter A of chapter 1 
of the Internal Revenue Code of 1986 (relating to business related 
credits) is amended by adding at the end thereof the following new 
section:

``SEC. 45B. WAGES PAID TO EMPLOYEE WHO IS ALLOWED TO SHIFT HOURS OF 
              EMPLOYMENT OR WORK AT HOME IN ORDER TO REDUCE CHILD CARE 
              NEEDS.

    ``(a) In General.--For purposes of section 38, the amount of the 
child care-related wage credit determined under this section for any 
taxable year shall be an amount equal to \1/3\ of the aggregate wages 
paid or incurred during such year which are attributable to services 
performed by an employee of the taxpayer during the 1-year period 
beginning on the date the employee first becomes a qualified employee 
of the taxpayer.
    ``(b) Qualified Employee.--For purposes of this section, the term 
`qualified employee' means any full-time employee if--
            ``(1) such employee is permitted by the employer, solely in 
        order to reduce the amount of dependent care services provided 
        (to a dependent of the employee) outside the employee's 
        household, to perform services for the employer--
                    ``(A) at the employee's home, or
                    ``(B) during a period which is not within the 
                normal business hours of the employer, and
            ``(2) as a result of the services performed for the 
        employer as described in subparagraphs (A) and (B) of paragraph 
        (1), there is at least a 20 percent reduction in the amount of 
        time dependent care services are provided to a dependent of the 
        employee outside the employee's household.
    ``(c) Other Definitions and Special Rules.--
            ``(1) Employee must be qualified employee for entire 
        year.--No credit shall be determined under subsection (a) with 
        respect to any employee unless such employee is a qualified 
        employee throughout the 1-year period described in subsection 
        (a).
            ``(2) Only $6,000 of wages per year taken into account.--
        The amount of the wages which may be taken into account with 
        respect to any individual shall not exceed $6,000 per year.
            ``(3) Wages.--For purposes of this section, the term 
        `wages' has the meaning given such term by section 51(c) 
        (determined without regard to paragraph (4) thereof).
            ``(4) Certain rules to apply.--Rules similar to the rules 
        of section 52 and subsections (f) through (k) of section 51 
        shall apply for purposes of this section.''
    (b) Technical Amendment.--Subsection (b) of section 38 of such Code 
(relating to current year business credit) is amended by striking 
``plus'' at the end of paragraph (8), by striking the period at the end 
of paragraph (9) and inserting ``, plus'', and by adding at the end 
thereof the following new paragraph:
            ``(10) the child care-related wage credit determined under 
        section 45B(a).''
    (c) Clerical Amendment.--The table of sections for subpart D of 
part IV of subchapter A of chapter 1 of such Code is amended by adding 
at the end thereof the following new item:

                              ``Sec. 45B. Wages paid to employee who is 
                                        allowed to shift hours of 
                                        employment or work at home in 
                                        order to reduce child care 
                                        needs.''
    (d) Effective Date.--
            (1) In general.--The amendments made by this section shall 
        apply to wages paid or incurred after the date which is 6 
        months after the date of the enactment of the Family and 
        Medical Leave Act of 1993.
            (2) Employer practices before effective date.--For purposes 
        of section 45B(b)(2) of the Internal Revenue Code of 1986, as 
        added by this section, no reduction before the 1st taxable year 
        to which such section applies shall be taken into account.

      Subtitle E--Federal Parental Leave for Education Activities

SEC. 341. PARENTAL LEAVE FOR EDUCATION-RELATED ACTIVITIES.

    (a) In General.--(1) Subchapter II of chapter 63 of title 5, United 
States Code, is amended by adding at the end the following:
``Sec. 6327. Parental leave for education-related activities
    ``(a) For the purpose of this section--
            ``(1) the term `dependent' means a child under subparagraph 
        (A) or (B) of section 8341(a)(4); and
            ``(2) the term `intimidate, threaten, or coerce' includes 
        promising to confer or conferring any benefit (such as 
        appointment, promotion, or compensation), or effecting or 
        threatening to effect any reprisal (such as deprivation of 
        appointment, promotion, or compensation).
    ``(b)(1) Subject to paragraph (2) and subsection (c), an employee 
is entitled to 1 day of leave in each calendar year, without loss of, 
or reduction in, pay, leave to which such employee is otherwise 
entitled, credit for time or service, or performance or efficiency 
rating, in order to participate in or attend activities of a school 
which is attended by a dependent of such employee.
    ``(2) In the case of an employee serving on a part-time basis who 
is entitled to leave under this section, the length of the `day' under 
paragraph (1) shall be prorated in accordance with regulations 
prescribed under subsection (d).
    ``(c) An employee shall be eligible for leave under this section if 
such employee--
            ``(1) is employed in an Executive agency; and
            ``(2) has performed at least 12 months of service as an 
        employee (continuously or otherwise) in 1 or more Executive 
        agencies.
    ``(d)(1) The Office of Personnel Management shall prescribe such 
regulations as may be necessary to carry out this section.
    ``(2) Such regulations--
            ``(A) may include provisions under which leave under this 
        section may, at the option of the employee, be used in units of 
        hours or other periods allowable under the regulations; but
            ``(B) may not--
                    ``(i) make an employee ineligible for leave under 
                this section by virtue of the fact that such employee 
                is serving on a temporary or intermittent basis; or
                    ``(ii) for purposes of any determination under 
                subsection (c)(2), exclude prior service by virtue of 
                the fact that such service was performed on a temporary 
                or intermittent basis.
    ``(e) Leave which is available to an employee under this section in 
a year, but which is not used by such employee, shall not accumulate 
for use in a succeeding year.
    ``(f) An employee may not directly or indirectly intimidate, 
threaten, or coerce, or attempt to intimidate, threaten, or coerce, any 
other employee for the purpose of interfering with such other 
employee's rights under the preceding provisions of this section.''.
    (2) The table of sections for chapter 63 of title 5, United States 
Code, is amended by adding after the item relating to section 6326 the 
following:

``6327. Parental leave for education-related activities.''.
    (b) Technical Amendment.--Section 6129 of title 5, United States 
Code, is amended by inserting ``6327,'' after ``6326,''.

SEC. 342. EFFECTIVE DATE; CREDITABILITY OF SERVICE.

    (a) Effective Date.--This Act shall take effect as of the first day 
of the calendar year in which this Act is enacted.
    (b) Creditability of Service.--To determine if an individual 
satisfies the requirement under section 6327(c)(2) of title 5, United 
States Code, as amended by this Act, service shall be taken into 
account without regard to whether performed before, on, or after the 
date of enactment of this Act.

                  TITLE IV--ECONOMIC SELF-SUFFICIENCY

                       Subtitle A--Child Support

SEC. 401. SHORT TITLE.

    This subtitle may be cited as the ``Child Support Economic Security 
Act of 1993''.

              PART A--CHILD SUPPORT ENFORCEMENT AMENDMENTS

SEC. 411. UNIFORM STATEWIDE CHILD SUPPORT ENFORCEMENT PROGRAM.

    Section 454(3) of the Social Security Act (42 U.S.C. 654(3)) is 
amended by striking ``, which meets'' and all that follows and 
inserting ``at the State level to administer the plan under rules that 
apply uniformly throughout the State;''.

SEC. 412. ACCESS OF STATE CHILD SUPPORT ENFORCEMENT AGENCY TO 
              INFORMATION IN STATE DATA BASES.

    Section 466(a) of the Social Security Act (42 U.S.C. 666(a)) is 
amended by inserting after paragraph (10) the following:
            ``(11) Procedures which ensure that the agency 
        administering the plan under section 454 has on-line access to 
        all information contained in any data base maintained by the 
        State or any political subdivision of the State.''.

SEC. 413. CHILD SUPPORT PAYMENTS REQUIRED UNTIL CERTAIN EVENT OCCURS.

    Section 466(a) of the Social Security Act (42 U.S.C. 666(a)), as 
amended by section 412 of this Act, is amended by inserting after 
paragraph (11) the following:
            ``(12)(A) Procedures which ensure that any court order, or 
        order of an administrative process established under State law, 
        for support or maintenance of a child, requires the payment of 
        such support until the child--
                    ``(i) if not disabled--
                            ``(I) attains the age of 18 years;
                            ``(II) is graduated from secondary school 
                        or its equivalent, or, having been enrolled at 
                        such a school or equivalent, is no longer so 
                        enrolled at any such school or equivalent;
                            ``(III) marries; or
                            ``(IV) is emancipated by a court of 
                        competent jurisdiction; or
                    ``(ii) if disabled--
                            ``(I) marries; or
                            ``(II) is able to support himself or 
                        herself.
            ``(B) For purposes of subparagraph (A), the term `disabled' 
        means having a severe, chronic disability which--
                    ``(i) is attributable to a mental or physical 
                impairment, or combination of mental and physical 
                impairments;
                    ``(ii) is likely to continue indefinitely;
                    ``(iii) results in substantial functional 
                limitations in 3 or more of the following areas of 
                major life activity:
                            ``(I) self-care;
                            ``(II) receptive and expressive language;
                            ``(III) learning;
                            ``(IV) mobility;
                            ``(V) capacity for independent living;
                            ``(VI) economic self-sufficiency; and
                    ``(iv) reflects the need for a combination of 
                special, interdisciplinary, or generic care, treatment, 
                or other services that are of lifelong or extended 
                duration.''.

SEC. 414. REQUIREMENT THAT ALL INCOME BE SUBJECT TO WITHHOLDING TO MEET 
              CHILD SUPPORT OBLIGATIONS.

    Section 466(a) of the Social Security Act (42 U.S.C. 666(a)), as 
amended by the preceding provisions of this Act, is amended by 
inserting after paragraph (12) the following:
            ``(13)(A) Procedures which ensure that all income of an 
        individual (other than benefits received through a Federal, 
        State, or local program under which entitlement to benefits is 
        based on the means of the beneficiary) is subject to 
        withholding to meet the child support obligations of the 
        individual.
            ``(B) Procedures which require the agency responsible for 
        the operation of any State lottery (in this subparagraph 
        referred to as the `lottery agency')--
                    ``(i) to inquire of the agency administering the 
                plan under section 454 whether any person to whom the 
                lottery agency is to directly pay lottery winnings owes 
                overdue support;
                    ``(ii) to defer payment of the winnings until the 
                lottery agency receives a response to the inquiry; and
                    ``(iii) if the person owes overdue support, to 
                withhold from the payment of the winnings the amount of 
                the overdue support.
            ``(C) Procedures which require any insurer subject to 
        regulation by the State--
                    ``(i) to inquire of the agency administering the 
                plan under section 454 whether any person claiming 
                benefits under a policy of insurance issued by the 
                insurer owes overdue support;
                    ``(ii) to defer payment of such benefits until the 
                insurer receives a response to the inquiry; and
                    ``(iii) if the person owes overdue support--
                            ``(I) to withhold from such benefits the 
                        amount of the overdue support; and
                            ``(II) to provide to the agency the amount 
                        withheld for payment to the individual owed the 
                        support.
            ``(D) Procedures which prevent a State court from entering 
        an order awarding the payment of money to any person, or 
        accepting an agreement settling an action brought in the court 
        that requires money to be paid to any person, until--
                    ``(i) the court has inquired of the agency 
                administering the plan under section 454 whether the 
                person owes overdue support, and has received a 
                response to the inquiry; and
                    ``(ii) if the person owes overdue support, the 
                person pays the amount of the overdue support.
            ``(E) Procedures which prevent any agency of State or local 
        government from recording a property transaction, until--
                    ``(i) the agency has inquired of the agency 
                administering the plan under section 454 whether any 
                party to the transaction owes overdue support, and has 
                received a response to the inquiry; and
                    ``(ii) any such party--
                            ``(I) pays the amount of any overdue 
                        support; or
                            ``(II) demonstrates that the party has made 
                        a good faith effort--
                                    ``(aa) to pay the support due for 
                                the month in which the transaction is 
                                sought to be recorded; and
                                    ``(bb) to provide for the payment 
                                of the overdue support through regular, 
                                periodic payments.''.

SEC. 415. STATE LICENSES DENIED TO PARENTS WITH PAST DUE CHILD SUPPORT 
              OBLIGATIONS.

    Section 466(a) of the Social Security Act (42 U.S.C. 666(a)), as 
amended by the preceding provisions of this Act, is amended by 
inserting after paragraph (13) the following:
            ``(14) Procedures which prohibit the provision, renewal, or 
        reissuance of any license, required under the law of the State 
        or of any political subdivision thereof before engaging in 
        conduct subject to the license, to any person the amount of 
        whose overdue support exceeds $1,000, until the person 
        demonstrates that the person has made a good faith effort--
                    ``(A) to pay the support due for the month in which 
                the license was requested to be provided, renewed, or 
                reissued; and
                    ``(B) to provide for the payment of the overdue 
                support through regular, periodic payments.''.

SEC. 416. CERTAIN OVERDUE CHILD SUPPORT OBLIGATIONS REQUIRED TO BE 
              REPORTED TO CONSUMER CREDIT REPORTING AGENCIES.

    Section 466(a)(7) of the Social Security Act (42 U.S.C. 666(a)(7)) 
is amended to read as follows:
            ``(7) Procedures which ensure that the agency administering 
        the plan under section 454--
                    ``(A) reports to the major consumer reporting 
                agencies (as defined in section 603(f) of the Fair 
                Credit Reporting Act) the amount of overdue support 
                owed by an individual residing in the State if the 
                amount of the delinquency exceeds the amount of child 
                support payable by the individual on a monthly basis; 
                and
                    ``(B) upon request of a consumer reporting agency, 
                furnishes the consumer reporting agency information on 
                the amount of overdue support owed by an individual 
                residing in the State, for a fee equal to not more than 
                the cost of furnishing the information;''.

SEC. 417. ELIMINATION OF STATUTES OF LIMITATIONS IN CHILD SUPPORT 
              CASES.

    Section 466(a) of the Social Security Act (42 U.S.C. 666(a)), as 
amended by the preceding provisions of this Act, is amended by 
inserting after paragraph (14) the following:
            ``(15) Procedures which ensure that there is no limit to 
        the period in which any court order, or order of an 
        administrative process established under State law, for support 
        or maintenance of a child, may be enforced.''.

SEC. 418. REQUIREMENT THAT SOCIAL SECURITY NUMBERS APPEAR ON MARRIAGE 
              LICENSES AND CHILD SUPPORT ORDERS.

    Section 466(a) of the Social Security Act (42 U.S.C. 666(a)), as 
amended by the preceding provisions of this Act, is amended by 
inserting after paragraph (15) the following:
            ``(16) Procedures which ensure that, on each marriage 
        license issued by the State, and in each court order, or order 
        of an administrative process established under State law, for 
        support or maintenance of a child, there appear the social 
        security account numbers of each individual to whom the license 
        is issued or upon whom the order imposes a support 
        obligation.''.

SEC. 419. SEPARATE TREATMENT OF CASES ALLEGING NONSUPPORT AND CASES 
              ALLEGING DENIAL OF VISITATION RIGHTS.

    Section 466(a) of the Social Security Act (42 U.S.C. 666(a)), as 
amended by the preceding provisions of this Act, is amended by 
inserting after paragraph (16) the following:
            ``(17) Procedures which ensure that--
                    ``(A) conduct affecting the exercise of visitation 
                rights under a court order, or an order of an 
                administrative process established under State law, for 
                support or maintenance of a child, shall be treated as 
                irrelevant in any action brought to enforce the support 
                provisions of the order; and
                    ``(B) the provision of, or failure to provide, 
                support pursuant to such an order shall be treated as 
                irrelevant in any action brought to enforce visitation 
                rights under the order.''.

SEC. 420. TIMELY RESPONSE TO INTERSTATE LOCATE REQUESTS.

    Section 452(a) of the Social Security Act (42 U.S.C. 652(a)) is 
amended--
            (1) by striking ``and'' at the end of paragraph (9);
            (2) by striking the period at the end of paragraph (10) and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(11) in establishing standards under paragraph (1) for 
        locating absent parents--
                    ``(A) not later than 1 year after the date of the 
                enactment of this paragraph, prescribe deadlines by 
                which States must respond to requests from other States 
                for information, taking into account the state of 
                available technology; and
                    ``(B) review and, if appropriate, revise such 
                deadlines every 3 years taking into account the state 
                of available technology.''.

SEC. 421. REGULATIONS FOR PROCESSING OF INTERSTATE CHILD SUPPORT CASES.

    Section 452 of the Social Security Act (42 U.S.C. 652) is amended 
by adding at the end the following:
    ``(j) The Secretary shall issue regulations establishing standards 
and procedures governing the processing by States of cases involving 
the enforcement of child support obligations against parents in other 
States, including a deadline by which prosecutions must commence after 
the case first comes to the attention of the State, and a deadline by 
which such actions must be decided or dismissed.''.

SEC. 422. FINANCIAL INCENTIVES.

    (a) Only Child Support Enforcement Funds Subject to Reduction for 
Substantial Noncompliance.--
            (1) In general.--Subsection (h) of section 403 of such Act 
        (42 U.S.C. 603(h)) is hereby transferred to section 455 of such 
        Act, redesignated as subsection (f) of such section 455, and 
        amended--
                    (A) in paragraph (1)--
                            (i) by striking ``Act'' and inserting 
                        ``part'';
                            (ii) by striking ``part D'' and inserting 
                        ``this part''; and
                            (iii) by striking ``such part'' and 
                        inserting ``this part''; and
                    (B) in paragraph (3), by striking ``this part'' and 
                inserting ``part A''.
            (2) Conforming amendments.--
                    (A) Section 452(a)(4) of such Act (42 U.S.C. 
                652(a)(4)) is amended by striking ``403(h)'' each place 
                such term appears and inserting ``455(f)''.
                    (B) Subsections (d)(3)(A), (g)(1), and (g)(3)(A) of 
                section 452 of such Act (42 U.S.C. 652) are each 
                amended by striking ``403(h)'' and inserting 
                ``455(f)''.
    (b) Payments to States Increased.--
            (1) In general.--Section 455(a) of such Act (42 U.S.C. 
        655(a)) is amended--
                    (A) in paragraph (1)--
                            (i) by striking ``(a)(1)'' and inserting 
                        ``(a)''; and
                            (ii) in subparagraph (A), by striking ``the 
                        percent specified in paragraph (2)'' and 
                        inserting ``90 percent''; and
                            (iii) in each of subparagraphs (B) and (C), 
                        by striking ``(rather than the percentage 
                        specified in subparagraph (A))'';
                    (B) by striking paragraph (2); and
                    (C) by redesignating subparagraphs (A), (B), and 
                (C) of paragraph (1) as paragraphs (1), (2), and (3), 
                respectively.
            (2) Conforming amendments.--Paragraphs (1)(B), (2)(A), and 
        (2)(B) of section 452(d) of such Act (42 U.S.C. 652(d)) are 
        each amended by striking ``455(a)(1)(B)'' and inserting 
        ``455(a)(2)''.
    (c) Repeal of Incentive Payments to States.--Section 458 of such 
Act (42 U.S.C. 658) is hereby repealed.

SEC. 423. DEADLINE FOR ADOPTION OF UNIFORM INTERSTATE FAMILY SUPPORT 
              ACT.

    Part D of title IV of the Social Security Act (42 U.S.C. 651-669) 
is amended by adding at the end the following:

``SEC. 469A. ADOPTION OF UNIFORM INTERSTATE FAMILY SUPPORT ACT.

    ``As a condition for the approval of any State plan under this 
part, the State must, not later than the effective date of this 
section, have in effect a law identical to the Uniform Interstate 
Family Support Act, in the form most recently adopted by the National 
Conference of Commissioners on Uniform State Laws before the enactment 
of this section.''.

SEC. 424. COMMISSION ON CHILD SUPPORT GUIDELINES.

    (a) Establishment.--There is hereby established a commission to be 
known as the Commission on Child Support Guidelines (in this section 
referred to as the ``Commission'').
    (b) Applicable Rules.--Subsection (b) (except the first sentence of 
paragraph (4) thereof), and subsections (c), (e), (f)(2), and (g), of 
section 126 of the Family Support Act (42 U.S.C. 666 note; Public Law 
100-485) shall apply to the Commission in the same manner as such 
provisions apply to the Commission on Interstate Child Support.
    (c) Qualifications.--Each person with authority to make 
appointments to the Commission shall exercise the authority to ensure 
that the Commission includes--
            (1) persons with judicial or administrative experience in 
        matters involving child support enforcement; and
            (2) representatives of organizations which represent 
        custodial and noncustodial parents.
    (d) Duty.--Not later than 18 months after the last of the initial 
appointments to the Commission is made, the Commission shall submit to 
the Congress a report containing recommendations for national 
guidelines for child support award amounts, after consideration of the 
guidelines established by each State pursuant to section 467(a) of the 
Social Security Act.
    (e) Termination.--The Commission shall terminate 2 months after the 
date of submission of the report required by subsection (d).
    (f) Effective Date.--This section shall take effect on the date of 
the enactment of this Act.

SEC. 425. EFFECTIVE DATE.

    Except as otherwise provided in this title (or in the amendments 
made by this title), the amendments made by this title shall take 
effect on the 1st day of the 12th calendar quarter beginning after the 
date of the enactment of this Act.

              PART B--INTERSTATE CHILD SUPPORT ACT OF 1993

SEC. 431. REFERENCE.

    Except as otherwise specifically provided, wherever in this Act an 
amendment is expressed in terms of an amendment to or repeal of a 
section or other provision, the reference shall be considered to be 
made to that section or other provision of the Social Security Act.

SEC. 432. FINDINGS, DECLARATIONS, AND PURPOSES.

    (a) Findings.--The Congress finds that--
            (1) there is a large and growing number of child support 
        and parentage cases annually involving disputes between parents 
        or presumed parents who reside in different States;
            (2) the laws by which the courts of the various States 
        determine their authority to establish, enforce, or modify a 
        child support order, or to determine parentage are not uniform;
            (3) those laws, along with the limits imposed by a Federal 
        system, on the authority of each State to take certain actions 
        outside its own boundaries, contribute to--
                    (A) the pressing problem of parties moving to avoid 
                jurisdiction;
                    (B) inequities based solely on choice of domicile;
                    (C) disregard of court orders resulting in massive 
                arrearages nationwide;
                    (D) excessive relitigation of cases;
                    (E) the establishment of conflicting orders by the 
                courts of various States; and
                    (F) inter-jurisdiction travel and communication 
                that is so expensive and time consuming as to disrupt 
                parties' occupations and commercial activities; and
            (4) among the results of these conditions are--
                    (A) the failure of the courts of such jurisdictions 
                to give full faith and credit to the judicial 
                proceedings of the other States;
                    (B) the deprivation of rights of liberty and 
                property without due process of law;
                    (C) burdens on commerce among the States; and
                    (D) harm to the welfare of children and their 
                parents and other custodians.
    (b) Declaration.--Based on the findings stated in subsection (a), 
it is necessary to establish national standards under which the courts 
of each State will determine their jurisdiction to establish, enforce, 
or modify a child support order, or to determine parentage and the 
effect to be given by each State to such determinations by the courts 
of other States.
    (c) Purposes.--The purposes of this Act are to--
            (1) expand the forums available to establish, enforce, or 
        modify a child support order, or to determine parentage so that 
        such actions may be heard in the State that has the strongest 
        interest in the child's financial security;
            (2) promote and expand the exchange of information and 
        other forms of mutual assistance between States that are 
        concerned with the same child;
            (3) facilitate the enforcement of support decrees among the 
        States;
            (4) discourage continuing interstate controversies over 
        child support in the interest of greater financial stability 
        and secure family relationships for the child; and
            (5) avoid jurisdictional competition and conflict between 
        courts in matters relating to the establishment, enforcement, 
        and modification of child support orders, and to the 
        determination of parentage, which have resulted in the movement 
        of parties among States and a low percentage of interstate 
        cases with support orders, thereby adversely affecting 
        children's well-being.
    (d) State.--For purposes of this section, the term ``State'' means 
the several States, the District of Columbia, the Commonwealth of 
Puerto Rico, the territories and possessions of the United States, and 
Indian country (as defined in section 1151 of title 18, United States 
Code).

 PART C--BANKRUPTCY AMENDMENTS RELATING TO CHILD SUPPORT, ALIMONY, AND 
                     PROPERTY SETTLEMENT AGREEMENTS

SEC. 441. EXCEPTIONS TO STAY.

    Section 362(b)(2) of title 11, United States Code, is amended to 
read as follows:
            ``(2) under subsection (a) of this section--
                    ``(A) of the commencement or continuation of an 
                action or proceeding for--
                            ``(i) the establishment of paternity; or
                            ``(ii) the establishment or modification of 
                        an order for alimony, maintenance, or support; 
                        or
                    ``(B) of the collection of--
                            ``(i) alimony, maintenance, or support from 
                        property that is not property of the estate; or
                            ``(ii) a debt of the kind specified in 
                        section 523(a)(5) of this title to a child of 
                        the debtor if the claim for such debt arises 
                        after the commencement of the case;''.

SEC. 442. PRIORITY.

    Section 507(a) of title 11, United States Code, is amended--
            (1) in paragraph (8) by striking ``(8) Eighth'' and 
        inserting ``(9) Ninth'',
            (2) in paragraph (7) by striking ``(7) Seventh'' and 
        inserting ``(8) Eighth'', and
            (3) by inserting after paragraph (6) the following:
            ``(7) Seventh, allowed claims of the kind specified in 
        section 523(a)(5) of this title.''.

SEC. 443. EXEMPTIONS.

    Section 522(f) of title 11, United States Code, is amended--
            (1) in paragraph (2)(C) by striking the period at the end 
        and inserting a semicolon, and
            (2) by adding at the end the following:
``and does not secure a claim for a debt of a kind specified in section 
523(a)(5) of this title.''.

SEC. 444. EXCEPTION TO DISCHARGE.

    Section 523(a)(5) of title 11, United States Code, is amended to 
read as follows:
            ``(5) to a spouse, former spouse, or child of the debtor--
                    ``(A) for alimony to, maintenance for, or support 
                of such spouse or child, in connection with a 
                separation agreement, divorce decree or other order of 
                a court of record, determination made in accordance 
                with State or territorial law by a governmental unit, 
                or property settlement agreement, but not the extent 
                that such debt includes a liability designated as 
                alimony, maintenance, or support, unless such liability 
                is actually in the nature of alimony, maintenance, or 
                support; or
                    ``(B) for any liability under the terms of a 
                property settlement agreement entered into in 
                connection with a separation agreement or divorce 
                decree;
        except to the extent such debt is assigned to another entity, 
        voluntarily, by operation of law, or otherwise (other than 
        debts assigned pursuant to section 402(a)(26) of the Social 
        Security Act, or any such debt which has been assigned to the 
        Federal Government or to a State or any political subdivision 
        of such State).''.

SEC. 445. PREFERENCES.

            Section 547(c) of title 11, United States Code, is 
        amended--
                    (1) in paragraph (6) by striking ``or'' at the end,
                    (2) by redesignating paragraph (7) as paragraph 
                (8), and
                    (3) by inserting after paragraph (6) the following:
            ``(7) to the extent such transfer was a bona fide payment 
        of a debt of a kind specified in section 523(a)(5) of this 
        title; or''.

SEC. 446. PROPERTY OF THE ESTATE.

    (a) Property Under Chapter 12.--Paragraphs (1) and (2) of section 
1207(a) of title 11, United States Code, are amended by striking 
``but'' and all that follows through ``first'', and inserting the 
following:
        ``until the plan is confirmed, except that such property as is 
        necessary to fund the plan and is specified in the plan or 
        order confirming the plan shall remain property of the 
        estate''.
    (b) Property Under Chapter 13.--Paragraphs (1) and (2) of section 
1306(a) of title 11, United States Code, are amended by striking 
``but'' and all that follows through ``first'', and inserting the 
following:
        ``until the plan is confirmed, except that such property as is 
        necessary to fund the plan and is specified in the plan or 
        order confirming the plan shall remain property of the 
        estate''.

SEC. 447. CONFIRMATION OF PLAN.

    (a) Confirmation Under Chapter 12.--Section 1225(a) of title 11, 
United States Code, is amended--
            (1) in paragraph (5) by striking ``and'' at the end,
            (2) by redesignating paragraph (6) as paragraph (7), and
            (3) by inserting after paragraph (5) the following:
            ``(6) the debtor has paid all allowable claims arising 
        after the order for relief for debts of the kinds specified in 
        section 523(a)(5) of this title; and''.
    (b) Confirmation Under Chapter 13.--Section 1325(a) of title 11, 
United States Code, is amended--
            (1) in paragraph (5)(C) by striking ``and'' at the end,
            (2) by redesignating paragraph (6) as paragraph (7), and
            (3) by inserting after paragraph (5) the following:
            ``(6) the debtor has paid all allowable claims arising 
        after the order for relief for debts of the kinds specified in 
        section 523(a)(5) of this title; and''.

SEC. 448. EXEMPTION.

    Representatives of child support creditors shall be permitted to 
appear and intervene without charge, and without meeting any special 
local court rule requirement for attorney appearances, in any 
bankruptcy proceeding in any bankruptcy court or district court of the 
United States if such representatives file a form in such court that 
contains information detailing the child support debt, its status, and 
other characteristics.

SEC. 449. EFFECTIVE DATE; APPLICATION OF AMENDMENTS.

    (a) Effective Date.--Except as provided in subsection (b), this 
title and the amendments made by this title shall take effect on the 
date of the enactment of this Act.
    (b) Application of Amendments.--The amendments made by this title 
shall not apply with respect to cases commenced under title 11 of the 
United States Code before the date of the enactment of this Act.

                    PART D--LOCATE AND CASE TRACKING

SEC. 451. EXPANSION OF FUNCTIONS OF FEDERAL PARENT LOCATOR SERVICE.

    (a) In General.--Section 453 (42 U.S.C. 653) is amended--
            (1) in subsection (a), by striking ``enforcing support 
        obligations against such parent'' and inserting ``establishing 
        parentage, establishing, modifying, and enforcing child support 
        obligations, and enforcing child visitation rights and 
        responsibilities, and which shall use safeguards to prevent the 
        disclosure of information in cases that would jeopardize the 
        safety of the custodial parent or any child of the custodial 
        parent'';
            (2) in subsection (b), by inserting after the 2nd sentence 
        the following: ``Information with respect to an absent parent 
        shall not be disclosed to any person if the disclosure would 
        jeopardize the safety of the custodial parent or any child of 
        the custodial parent. Information with respect to an absent 
        parent shall not be disclosed to any person (other than the 
        custodial parent) unless the custodial parent has been notified 
        in advance of the disclosure.''; and
            (3) in subsection (d), by inserting ``and such reasonable 
        fees'' after ``such documents''.
    (b) Sense of the Congress.--It is the sense of the Congress that--
            (1) the denial of visitation rights under a child support 
        order should be treated as irrelevant in any action brought to 
        enforce the support provisions of the order; and
            (2) the failure to pay child support pursuant to a child 
        support order should be treated as irrelevant in any action 
        brought to enforce visitation rights under the order.

SEC. 452. EXPANSION OF DATA BASES ACCESSED BY PARENT LOCATOR SYSTEMS.

    (a) Additional Information for Federal Parent Locator Service.--
Section 453 (42 U.S.C. 653) is amended--
            (1) in subsection (b), by striking ``the most recent 
        address and place of employment'' and inserting ``the most 
        recent residential address, employer name and address, and 
        amounts and nature of income and assets'';
            (2) in subsection (c)(3), by striking ``the resident 
        parent'' and inserting ``either parent''; and
            (3) in subsection (e), by adding at the end the following:
    ``(4) The Secretary of the Treasury shall enter into an agreement 
with the Secretary to provide prompt access by the Secretary (in 
accordance with this subsection and section 6103(l)(6) of the Internal 
Revenue Code of 1986) to the quarterly estimated Federal income tax 
returns filed by individuals with the Internal Revenue Service.''.
    (b) State Information.--Section 466(a) (42 U.S.C. 666(a)) is 
amended by inserting after paragraph (10) the following:
            ``(11) Procedures under which the State child support 
        enforcement agency shall have automated on-line or batch access 
        (or, if necessary, nonautomated access) to information 
        regarding residential addresses, employers and employer 
        addresses, income and assets, and medical insurance benefits 
        with respect to absent parents that is available through any 
        data base maintained by--
                    ``(A) any agency of the State or any political 
                subdivision thereof, that contains information on 
                residential addresses, or on employers and employer 
                addresses, as the State deems appropriate;
                    ``(B) any publicly regulated utility company 
                located in the State;
                    ``(C) any credit reporting agency located in the 
                State; and
                    ``(D) any trade or labor union located in the 
                State.
            ``(12) Procedures under which the State child support 
        enforcement agency shall--
                    ``(A) maintain a child support order registry which 
                shall include each child support order (or an abstract 
                thereof) issued or modified in the State on or after 
                the effective date of this paragraph; and
                    ``(B) transmit electronically to the Office of 
                Child Support Enforcement an abstract of each such 
                order, containing such information and in such form as 
                the Secretary may prescribe pursuant to section 
                452(a)(11).''.
    (c) Federal Registry of Abstracts of Child Support Orders.--Section 
452(a) (42 U.S.C 652(a)), as amended by section 472(a) of this Act, is 
amended--
            (1) in paragraph (10), by striking ``and'' after the 
        semicolon;
            (2) in paragraph (11), by striking the period at the end of 
        the 2nd sentence and inserting ``; and''; and
            (3) by adding at the end the following:
            ``(12) maintain a registry of all child support order 
        abstracts received from States pursuant to section 
        466(a)(12)(B).''.
    (d) Sense of the Congress.--It is the sense of the Congress that 
the Secretary of Health and Human Services should investigate, pursuant 
to section 453(e) of the Social Security Act, accessing Federal data 
banks that are not linked to the Parent Locator Service which are more 
than marginally useful in locating absent parents.

SEC. 453. EXPANSION OF ACCESS TO NATIONAL NETWORK FOR LOCATION OF 
              PARENTS.

    (a) In General.--Section 453 (42 U.S.C. 653) is amended by adding 
at the end the following:
    ``(g) The Secretary shall expand the Parent Locator Service to 
establish a national network based on the comprehensive statewide child 
support enforcement systems developed by the States, to--
            ``(1) allow each State to--
                    ``(A) locate any absent parent who owes child 
                support, for whom a child support obligation is being 
                established, or for whom an order for visitation is 
                being enforced, by--
                            ``(i) accessing the records of other State 
                        agencies and sources of locate information 
                        directly from one computer system to another; 
                        and
                            ``(ii) accessing Federal sources of locate 
                        information in the same fashion;
                    ``(B) access the files of other States to determine 
                whether there are other child support orders and obtain 
                the details of those orders;
                    ``(C) provide for both on-line and batch processing 
                of locate requests, with on-line access restricted to 
                cases in which the information is needed immediately 
                (for such reasons as court appearances) and batch 
                processing used to `troll' data bases to locate 
                individuals or update information periodically; and
                    ``(D) direct locate requests to individual States 
                or Federal agencies, broadcast requests to selected 
                States, or broadcast cases to all States when there is 
                no indication of the source of needed information;
            ``(2) provide for a maximum of 48-hour turnaround time for 
        information to be broadcast and returned to a requesting State;
            ``(3) provide ready access to courts of the information on 
        the network by location of a computer terminal in each court; 
        and
            ``(4) access the registry of child support orders for 
        public and private cases maintained at the State level by the 
        State agencies as described in section 466(a)(12).''.
    (b) Expanded State Interaction With National Network.--Section 
454(16) (42 U.S.C. 654(16)) is amended--
            (1) by striking ``and (E)'' and inserting ``(E)''; and
            (2) by striking ``enforcement;'' and inserting 
        ``enforcement, and (F) to provide access to the national 
        network developed pursuant to section 453(g);''.
    (c) Sense of the Congress.--It is the sense of the Congress that 
the national network established under section 453(g) of the Social 
Security Act should be used to access State records only through the 
agency that administers the State plan approved under part D of title 
IV of such Act.

SEC. 454. PRIVATE ACCESS TO LOCATE AND ENFORCEMENT SERVICES.

    Section 466(a) (42 U.S.C. 666(a)), as amended by section 452(b) of 
this Act, is amended by inserting after paragraph (12) the following:
            ``(13)(A) Procedures under which private attorneys and pro 
        se obligees must be given access to State locate resources and 
        through enforcement techniques of the State child support 
        enforcement agency, for the purpose of establishing, modifying, 
        and enforcing child support, visitation, and parentage orders, 
        in accordance with safeguards established--
                    ``(i) to provide the custodial parent advance 
                notice of any release of information with respect to a 
                noncustodial parent; and
                    ``(ii) to prevent release of information with 
                respect to a noncustodial parent if the release may 
                jeopardize the safety of the noncustodial parent, the 
                custodial parent, or any child of either parent; and
            ``(B) The procedures described in subparagraph (A) must 
        require the State--
                    ``(i) to develop and publish guidelines 
                implementing the safeguards described in subparagraph 
                (A); and
                    ``(ii) if the State provides for reasonable fees 
                for the access referred to in subparagraph (A), to 
                establish such fees in accordance with guidelines 
                developed and published by the State that set schedules 
                for such fees.''.

SEC. 455. NATIONAL REPORTING OF NEW HIRES AND CHILD SUPPORT 
              INFORMATION.

    (a) Federal Implementation of System.--
            (1) In general.--The Secretary of the Treasury, in 
        consultation with the Secretary of Labor, shall establish a 
        system of reporting of new employees by requiring employers to 
        provide a copy of every new employee's W-4 form to the 
        employment security agency of the State in which the employment 
        is located.
            (2) Expanded use of form.--The Secretary of the Treasury 
        shall modify the W-4 form to be completed by a new employee to 
        enable the employee to indicate on the form--
                    (A) whether the employee owes child support, and if 
                so--
                            (i) to whom the support is payable and the 
                        amount of the support payable; and
                            (ii) whether the support is to be paid 
                        through wage withholding; and
                    (B) whether health care insurance is available to 
                the new employee, and, if so, whether the new employee 
                has obtained such insurance for the dependent children 
                of the new employee.
            (3) Employer withholding obligation.--
                    (A) In general.--Subtitle C of the Internal Revenue 
                Code of 1986 (relating to employment taxes) is amended 
                by inserting after chapter 24 the following new 
                chapter:

  ``CHAPTER 24A--COLLECTION OF CHILD SUPPORT OBLIGATIONS AT SOURCE ON 
                                 WAGES

                              ``Sec. 3411. Child support obligations 
                                        collected at source.

``SEC. 3411. CHILD SUPPORT OBLIGATIONS COLLECTED AT SOURCE.

    ``(a) Requirement of Withholding.--Every employer making payment of 
wages shall deduct and withhold upon such wages a specified child 
support obligation amount.
    ``(b) Specified Child Support Obligation Amount.--For purposes of 
this chapter, the specified child support obligation amount with 
respect to any employee shall be determined based on--
            ``(1) information provided by the employee, or (if an 
        agency of the State in which the employer is located notifies 
        the employer that such information is inaccurate) information 
        provided by the agency; and
            ``(2) information contained in any wage withholding order 
        received by the employer from any State.
    ``(c) Liability for Payment.--The employer shall be liable for the 
payment of the specified child support obligation amount to the payee 
identified by the employee.
    ``(d) Special Rules.--For purposes of this chapter (and so much of 
subtitle F as relates to this chapter), any specified child support 
obligation amount shall be treated as if it were a tax withheld under 
chapter 24 and rules similar to the rules of such chapter shall 
apply.''
                    (B) Clerical amendment.--The table of chapters of 
                subtitle C of the Internal Revenue Code of 1986 is 
                amended by inserting after the item relating to chapter 
                24 the following new item:

                              ``Chapter 24A. Child support obligations 
                                        collected at source.''
            (4) Withheld child support obligations reported on w-2 
        forms.--Subsection (a) of section 6051 of the Internal Revenue 
        Code of 1986 (relating to receipts for employees) is amended by 
        striking ``and'' at the end of paragraph (8), by striking the 
        period at the end of paragraph (9) and inserting ``, and'', and 
        by inserting after paragraph (9) the following new paragraph:
            ``(10) the total amount of specified child support 
        obligations withheld under section 3411.''
    (b) State Implementation of System.--Section 466(a) (42 U.S.C. 
666(a)), as amended by section 454 of this Act, is amended by inserting 
after paragraph (13) the following:
            ``(14) Procedures under which the State shall--
                    ``(A) use the Parent Locator Service established 
                under section 453 to access information in the national 
                registry of child support orders maintained pursuant to 
                section 452(a)(12) with respect to new employee, 
                compare such information with the information reported 
                on W-4 forms of new employees, and identify child 
                support obligations not reported on such forms;
                    ``(B) if child support information from the W-4 
                form of a new employee agrees with information with 
                respect to the new employee in the national registry of 
                child support orders maintained pursuant to section 
                452(a)(12), notify the individual owed the support (or 
                the individual's designee) of such information;
                    ``(C) notify an employer of any new employee who 
                has not reported on the W-4 form a child support 
                obligation of the new employee, using the wage 
                withholding order developed under section 452(a)(14);
                    ``(D) impose monetary penalties on--
                            ``(i) any individual who owes child support 
                        and fails to report the obligation to provide 
                        the support on a Federal income tax W-4 form at 
                        time of employment;
                            ``(ii) any employer who fails to forward a 
                        W-4 form for a new employee to the State 
                        employment security agency within 10 calendar 
                        days of the date of the first payroll from 
                        which the new employee is paid; and
                            ``(iii) any employer who fails to withhold 
                        from the pay of any new employee who reports a 
                        child support obligation on a W-4 form an 
                        amount equal to the support owed, or fails to 
                        pay to the individual owed the obligation the 
                        amount so withheld, within 10 calendar days of 
                        the date of the payroll, using electronic funds 
                        transfer, if possible, unless otherwise 
                        notified by a State agency;
                    ``(E) provide the services described in this 
                paragraph to any individual owed child support who 
                applies for assistance under the State plan; and
                    ``(F) on request of another State, broadcast over 
                the Parent Locator Service to such other State child 
                support information from W-4 forms that have been sent 
                to the State employment security agency.''.

SEC. 456. ACCESS TO LAW ENFORCEMENT RECORDS SYSTEMS.

    (a) Access by Child Support Enforcement Agencies.--The head of the 
National Criminal Information Center, the head of the National Law 
Enforcement Telecommunications Network, and the head of any other 
national or regional system for tracking individuals shall each--
            (1) allow Federal, State, and local child support 
        enforcement agencies access to the information of the system 
        for purposes of establishing paternity or a child support 
        obligation of an individual tracked by the system, using 
        appropriate safeguards to prevent improper release of such 
        information; and
            (2) if an access code is required to gain such access, 
        provide the access code to each child support enforcement 
        agency that applies for the code.
    (b) Loss of Federal Funding.--A non-Federal system for tracking 
individuals that fails to comply with paragraphs (1) and (2) of 
subsection (a) shall not be eligible to receive Federal funding for the 
system.

SEC. 457. BROADCASTING OF WARRANTS ON STATE NETWORKS.

    Section 466(a) (42 U.S.C. 666(a)), as amended by section 455 of 
this Act, is amended by inserting after paragraph (14) the following:
            ``(15) Procedures under which the State--
                    ``(A) shall broadcast on any State or local crime 
                information system each failure-to-appear warrant, 
                capias, and bench warrant issued by a State court in 
                any proceeding related to child support; and
                    ``(B) shall, in a criminal case, remit to any 
                individual to whom the defendant owes child support any 
                security posted by or on behalf of the defendant and 
                forfeited, to the extent of any arrearage in the 
                payment of the support.''.

SEC. 458. CASE MONITORING.

    Section 454(16)(E) (42 U.S.C. 654(16)(E)) is amended by inserting 
``, not less frequently that once every 3 years'' before the semicolon.

SEC. 459. ACCESS TO FINANCIAL RECORDS.

    Section 466(a) (42 U.S.C. 666(a)), as amended by section 455 of 
this Act, is amended by inserting after paragraph (15) the following:
            ``(16) Procedures under which the State may obtain access 
        to financial records maintained with respect to any person by 
        any financial institution doing business in the State, for the 
        purpose of establishing or enforcing a child support obligation 
        of the person.''.

                         PART E--ESTABLISHMENT

SEC. 461. INTERSTATE RECOGNITION OF CHILD SUPPORT AND PARENTAGE ORDERS.

    (a) In General.--Chapter 115 of title 28, United States Code, is 
amended by inserting after section 1738A the following:
``Sec. 1738B. Full faith and credit to child support and parentage 
              orders
    ``(a) Definitions.--As used in this section:
            ``(1) The term `child' means any individual who has not 
        attained the age of 18 years, and any individual who has 
        attained the age of 18 years for whom a child support order has 
        been issued pursuant to the laws of a State.
            ``(2) The term `child support' includes periodic and lump-
        sum payments for current and past due economic support, 
        payments of premiums for health insurance for children, 
        payments for or provision of child care, and payments for 
        educational expenses.
            ``(3) The term `child support order' means a judgment, 
        decree or order of a court requiring the payment of money, 
        whether in periodic amounts or lump sum, for the support of a 
        child and includes permanent and temporary orders, initial 
        orders and modifications, ongoing support and arrearages.
            ``(4) The term `child's State' means, with respect to a 
        child, the State in which the child resides with a parent or an 
        individual acting as a parent.
            ``(5) The term `contestant' means an individual, including 
        a parent, who claims a right to receive child support or is 
        under an order to pay child support, and includes States and 
        political subdivisions to which support rights have been 
        assigned.
            ``(6) The term `court' means a court, administrative 
        process, or quasijudicial process of a State that is authorized 
        to--
                    ``(A) adjudicate parentage;
                    ``(B) establish the amount of support payable by a 
                contestant; or
                    ``(C) modify the amount of support payable by a 
                contestant.
            ``(7) The term `home State' means, with respect to a child, 
        the State in which, immediately preceding the time involved, 
        the child lived with his or her parents, a parent, or an 
        individual acting as parent, for at least 6 consecutive months 
        (including any periods of temporary absence), and if the child 
        has not attained the age of 6 months, the State in which the 
        child lived from birth with any of such individuals.
            ``(8) The term `individual acting as a parent' means an 
        individual, other than a parent, who has physical custody of a 
        child and who has either been awarded custody by a court or 
        claims a right to custody.
            ``(9) The terms `modification' and `modify' refer to a 
        change in a child support order or an order adjudicating 
        parentage that modifies, replaces, supersedes, or otherwise is 
        made subsequent to such prior order, whether or not made by the 
        same court that issued such prior order.
            ``(10) The term `State' means a State of the United States, 
        the District of Columbia, the Commonwealth of Puerto Rico, a 
        territory or possession of the United States, and Indian 
        country as defined in section 1151 of title 18, United States 
        Code.
    ``(b) Full Faith and Credit.--The courts of each State shall 
recognize and enforce according to its terms a child support order or 
an order adjudicating parentage against an individual over whom 
personal jurisdiction has been exercised consistent with this section, 
and shall not modify such an order except as provided in subsection 
(f).
    ``(c) Bases of Jurisdiction.--A court of a State may exercise 
personal jurisdiction over a nonresident contestant if there is any 
basis consistent with the constitution of the State and the 
Constitution of the United States for the exercise.
    ``(d) Continuing Exclusive Jurisdiction.--A court of a State which 
has issued a child support order or an order adjudicating parentage 
consistent with this section shall have continuing, exclusive 
jurisdiction of the order for so long as the State remains the child's 
State or the residence of any contestant, unless another State, acting 
in accordance with subsection (f), has modified the order.
    ``(e) Notice and Hearing.--Before a court of a State makes a child 
support order or adjudicates parentage, reasonable notice and 
opportunity to be heard shall be given to the contestants.
    ``(f) Modification.--A court of a State may modify a child support 
order or an order adjudicating parentage issued by a court of another 
State if--
            ``(1) each contestant has filed written consent for the 
        court of the State to modify the order and assume continuing, 
        exclusive jurisdiction of the order; and
            ``(2) the court of the State otherwise has jurisdiction to 
        issue such an order.
    ``(g) Enforcement of Prior Orders.--A court of a State which no 
longer has continuing, exclusive jurisdiction of a child support order 
or an order adjudicating parentage may enforce the order with respect 
to unsatisfied obligations which accrued before the date the order is 
modified in accordance with subsection (f).
    ``(h) Withholding Exercise of Jurisdiction.--A court of a State 
shall not exercise jurisdiction in any proceeding for a child support 
order or an adjudication of parentage commenced during the pendency of 
a proceeding in a court of another State when the court of the other 
State is exercising jurisdiction consistent with this section unless--
            ``(1) the proceeding was filed in the State before the 
        expiration of time allowed in the other State for filing a 
        responsive pleading challenging the exercise of jurisdiction by 
        the other State;
            ``(2) the contesting party timely challenges the exercise 
        of jurisdiction by the other State; and
            ``(3) if applicable, the court is in the home State of the 
        child.
    ``(i) Choice of Law.--(1) Except as provided in paragraphs (2) and 
(3), the forum State's law shall apply in a proceeding to establish, 
modify, or enforce a child support order or an order adjudicating 
parentage.
    ``(2) The courts of a State shall apply the law of the State that 
issued a child support order or an order adjudicating parentage in 
interpreting such an order.
    ``(3) In an action to enforce a child support order or an order 
adjudicating parentage, the statute of limitations under the laws of 
the forum State or the issuing State, whichever is longer, shall 
apply.''.
    (b) Clerical Amendment.--The chapter analysis for such chapter is 
amended by inserting after the item relating to section 1738A the 
following:

``1738B. Full faith and credit to child support and parentage 
                            orders.''.

SEC. 462. SERVICE OF PROCESS ON FEDERAL EMPLOYEES AND MEMBERS OF THE 
              ARMED SERVICES IN CONNECTION WITH PROCEEDINGS RELATING TO 
              CHILD SUPPORT AND PARENTAGE OBLIGATIONS.

    Part D of title IV (42 U.S.C. 651-670) is amended by inserting 
after section 460 the following:

``SEC. 460A. SERVICE OF PROCESS ON FEDERAL EMPLOYEES AND MEMBERS OF THE 
              ARMED SERVICES IN CONNECTION WITH PROCEEDINGS RELATING TO 
              CHILD SUPPORT AND PARENTAGE OBLIGATIONS.

    ``(a) In General.--The head of each Government agency shall, in 
accordance with applicable regulations under subsection (b), designate 
an agent for receipt of service of process, for any Federal employee or 
member of the Armed Forces serving in or under such agency, in 
connection with an action, brought in a court of competent jurisdiction 
within any State, territory, or possession of the United States, for 
obtaining a child support order or for establishing parentage.
    ``(b) Regulations.--Regulations governing the implementation of 
this section with respect to the executive, legislative, or judicial 
branch of the Government shall be promulgated by the authority or 
authorities responsible for promulgating regulations under section 461 
with respect to the branch of Government involved.
    ``(c) Interpretive Rule.--This section shall not be construed to 
prevent any otherwise eligible individual from requesting or being 
granted a stay or continuance in any judicial proceeding, including 
under the Soldiers' and Sailors' Civil Relief Act of 1940.
    ``(d) Government Agency Defined.--For purposes of this section, the 
term `Government agency' means each agency of the Federal Government, 
including--
            ``(1) an Executive agency (as defined by section 105 of 
        title 5, United States Code);
            ``(2) the Department of Defense, to the extent that any 
        Federal employee serving in or under that agency or any member 
        of the armed services is involved;
            ``(3) the United States Postal Service and the Postal Rate 
        Commission;
            ``(4) the government of the District of Columbia;
            ``(5) an agency within the legislative or judicial branch 
        of the Government; and
            ``(6) an advisory committee to which the Federal Advisory 
        Committee Act applies.''.

SEC. 463. PRESUMED ADDRESS OF OBLIGOR AND OBLIGEE.

    Section 466(a) (42 U.S.C. 666(a)), as amended by section 457 of 
this Act, is amended by inserting after paragraph (16) the following:
            ``(17) Procedures under which the State shall--
                    ``(A) require the court or administrative agency 
                with authority to issue the final order in a child 
                support or parentage case to require each party subject 
                to the order to file with the court or administrative 
                agency, on or before the date the order is issued--
                            ``(i) the party's residential address or 
                        addresses;
                            ``(ii) the party's mailing address or 
                        addresses;
                            ``(iii) the party's home telephone number 
                        or numbers;
                            ``(iv) the party's driver's license number;
                            ``(v) the party's social security account 
                        number;
                            ``(vi) the name of each employer of the 
                        party;
                            ``(vii) the addresses of each place of 
                        employment of the party; and
                            ``(viii) the party's work telephone number 
                        or numbers;
                    ``(B) require the court or administrative agency in 
                any action related to child support to presume, for the 
                purpose of providing sufficient notice (other than the 
                initial notice in an action to establish parentage or a 
                child support order), that the noncustodial parent 
                resides at the last residential address given by the 
                noncustodial parent to the court or agency, or a more 
                recent address provided in good faith by the parent 
                owed the support obligation; and
                    ``(C) ensure that information concerning the 
                location of a custodial parent or a child of the 
                custodial parent is not released to a noncustodial 
                parent if a court order has been issued against the 
                noncustodial parent for the physical protection of the 
                custodial parent or the child.''.

SEC. 464. NOTICE TO CUSTODIAL PARENTS.

    Section 454 (42 U.S.C. 654) is amended--
            (1) by striking ``and'' at the end of paragraph (23);
            (2) by striking the period at the end of paragraph (24) and 
        inserting ``; and''; and
            (3) by inserting after paragraph (24) the following:
            ``(25) provide that the agency administering the plan--
                    ``(A) shall make reasonable attempts to provide 
                timely notice to any individual owed child support of 
                any proceeding to establish, modify, or enforce the 
                support obligation;
                    ``(B) shall not delay any such proceeding solely 
                due to the failure of the custodial parent to appear; 
                and
                    ``(C) shall, within 14 days after the date an order 
                that establishes, modifies, or enforces a child support 
                obligation is issued, provide the custodial parent of 
                the child with a copy of the order.''.

SEC. 465. UNIFORM STATE RULES IN PARENTAGE AND CHILD SUPPORT CASES.

    Section 466(a) (42 U.S.C. 666(a)), as amended by section 463 of 
this Act, is amended by inserting after paragraph (17) the following:
            ``(18) Procedures under which, in the State--
                    ``(A) a party may, in a single cause of action, 
                seek judicial determination of the parentage of a child 
                and judicial establishment of a child support order 
                with respect to the child;
                    ``(B) the venue for determination of parentage of a 
                child shall be in the county of residence of the child;
                    ``(C) a court or agency that issues a parentage or 
                child support order shall have continuing and exclusive 
                jurisdiction over the order until the court or agency 
                transfers such jurisdiction to the appropriate court or 
                agency in the county of residence of the child, or the 
                parties consent to be bound by another court or agency 
                in the State that has subject matter jurisdiction;
                    ``(D) proceedings to enforce or modify of a child 
                support order may be transferred to the city, county, 
                or district in which the child resides without any 
                requirement that the order be filed or the defendant be 
                served again;
                    ``(E) a court or agency that hears a parentage or 
                child support cases shall have statewide jurisdiction 
                over the parties to the case, and the parentage and 
                child support orders issued by the court or agency 
                shall have statewide effect for enforcement purposes; 
                and
                    ``(F) denial of visitation rights may not be used 
                as a defense in an action to enforce an obligation to 
                provide child support and the failure to provide child 
                support may not be used as a defense in an action to 
                enforce visitation rights.''.

SEC. 466. FAIR CREDIT REPORTING ACT AMENDMENT.

    Section 604 of the Consumer Credit Protection Act (15 U.S.C. 1681b) 
is amended by adding at the end the following:
    ``(4) To a State agency administering a State plan under section 
454 of the Social Security Act, for use to establish or modify a child 
support award.''.

SEC. 467. NATIONAL CHILD SUPPORT GUIDELINES COMMISSION.

    (a) Establishment.--There is hereby established a commission to be 
known as the ``National Child Support Guidelines Commission'' (in this 
section referred to as the ``Commission'').
    (b) General Duties.--The Commission shall convene a conference to 
study the desirability of a national child support guideline, and if 
such guideline is advisable, the Commission shall develop for 
congressional consideration a national child support guideline that is 
based on the conference's study of various guideline models, the 
deficiencies of such models, and any needed improvements, taking into 
consideration differences in the cost of living in different areas of 
the United States. In developing such guideline, the Commission shall 
consider indexing the guideline to the cost of living, specifying 
minimum (rather than maximum) amounts, or using other methodologies to 
reflect such differences.
    (c) Membership.--
            (1) Number; appointment.--
                    (A) In general.--The Commission shall be composed 
                of 9 individuals appointed jointly by the Secretary of 
                Health and Human Services and the Congress, not later 
                than January 15, 1995.
                    (B) Qualifications of members.--Members of the 
                Commission shall be appointed from among those who are 
                able to provide expertise and experience in the 
                evaluation and development of child support guidelines.
            (2) Terms of office.--Each member shall be appointed for a 
        term of 2 years. A vacancy in the Commission shall be filled in 
        the manner in which the original appointment was made.
    (d) Commission Powers, Compensation, Access to Information, and 
Supervision.--The first sentence of subparagraph (C), the first and 
third sentences of subparagraph (D), subparagraph (F) (except with 
respect to the conduct of medical studies), clauses (ii) and (iii) of 
subparagraph (G), and subparagraph (H) of section 1886(e)(6) of the 
Social Security Act shall apply to the Commission in the same manner in 
which such provisions apply to the Prospective Payment Assessment 
Commission.
    (e) Report.--Not later than 2 years after the appointment of 
members, the Commission shall submit to the President, the Committee on 
Ways and Means of the House of Representatives, and the Committee on 
Finance of the Senate, a report on the results of the study described 
in subsection (b) and the final assessment by the Commission of issues 
relating to a national child support guideline.
    (f) Termination.--The Commission shall terminate upon the 
submission of the report described in subsection (e).

SEC. 468. GUIDELINE PRINCIPLES.

    Section 467 (42 U.S.C. 667) is amended by adding at the end the 
following:
    ``(d) The guidelines established pursuant to subsection (a) shall 
be based on, and applied in accordance with, the following principles:
            ``(1) A change in the child support amount resulting from 
        the application of the guidelines since the entry of the last 
        support order is sufficient reason for modification of a child 
        support obligation without the necessity of showing any other 
        change in circumstance. The State may set a minimum timeframe 
        between reviews of modifications based on the guidelines, 
        absent other changes in circumstances.
            ``(2) Not later than 1995, each State shall establish 
        automatic child support order review procedures based on the 
        automated calculation of the amount of support to which a child 
        is entitled, to ensure that the amount is sufficient to meet 
        the needs of the child, and takes into account any changes in 
        the income of the parents of the child.
            ``(3) The State shall advise any custodial parent who is 
        not receiving aid under a State plan approved under part A of 
        the review of a child support award made with respect to a 
        child of the custodial parent, of any proposed modification in 
        the amount of the award based on the review, and of the right 
        of the custodial parent to decline to seek the modification.
    ``(e) The guidelines established pursuant to subsection (a) may 
consider the treatment of the following:
            ``(1) Work-related or job-training-related child care 
        expenses of either parent for the care of children of either 
        parent.
            ``(2) Health insurance and related uninsured health care 
        expenses, and school expenses incurred on behalf of the child 
        for whom the child support order is sought.
            ``(3) Multiple family child raising obligations other than 
        those for the child for whom the child support order is sought.
    ``(f) Each State must publish the guidelines established pursuant 
to subsection (a).''.

SEC. 469. DURATION OF SUPPORT.

    (a) In General.--Section 466(a) (42 U.S.C. 666(a)), as amended by 
section 466 of this Act, is amended by inserting after paragraph (17) 
the following:
            ``(18) Procedures under which the State--
                    ``(A) imposes on 1 or both parents of a child an 
                obligation to continue to provide support for the child 
                until not earlier than the later of the date the child 
                attains 18 years of age or the date the child is 
                graduated from or is no longer enrolled in secondary 
                school or its equivalent, unless the child is married 
                or is otherwise emancipated by a court of competent 
                jurisdiction;
                    ``(B) provides that courts with jurisdiction over 
                child support cases may, in accordance with criteria 
                established by the State, order--
                            ``(i) child support, payable to an adult 
                        child, at least up to the age of 22 years for a 
                        child enrolled in an accredited postsecondary 
                        or vocational school or college who is a 
                        student in good standing; and
                            ``(ii) either or both parents to pay for 
                        postsecondary school support based on each 
                        parent's financial ability to pay;
                    ``(C) provides for child support to continue beyond 
                the child's minority if the child is disabled, unable 
                to be self-supportive, and the disability arose during 
                the child's minority; and
                    ``(D) provides that courts should consider the 
                effect of child support received on means-tested 
                governmental benefits and whether to credit 
                governmental benefits against a support award 
                amount.''.
    (b) Sense of the Congress.--It is the sense of the Congress that, 
if children receive child support while obtaining postsecondary 
education, they will attain higher levels of education affording them a 
greater chance to break the welfare cycle.

SEC. 470. EVIDENCE.

    (a) National Subpoena Duces Tecum.--Section 452(a) (42 U.S.C. 
652(a)), as amended by sections 471(a) and 452(c) of this Act, is 
amended--
            (1) by striking ``and'' at the end of paragraph (11);
            (2) by striking the period at the end of paragraph (12) and 
        inserting a semicolon; and
            (3) by inserting after paragraph (12) the following:
            ``(13) develop and distribute a national subpoena duces 
        tecum, which shall be designed to be used by any State or local 
        child support agency or child support litigant to reach income 
        information on the prior 12 months of income or on accumulated 
        income to date of any recipient of income;
            ``(14) establish a simplified certification process and 
        admissibility procedure for out-of-State documents in child 
        support or parentage cases.''.
    (b) State Laws.--Section 466(a) (42 U.S.C. 666(a)), as amended by 
section 469 of this Act, is amended by inserting after paragraph (19) 
the following:
            ``(20) Procedures under which--
                    ``(A) in a child support case in the State--
                            ``(i) the subpoena duces tecum developed 
                        pursuant to section 452(a)(13) shall be used, 
                        if necessary, to reach income information on 
                        the prior 12 months of income or on accumulated 
                        income to date of any individual;
                            ``(ii) an entity that is a source of income 
                        for the individual may comply with such a 
                        subpoena by timely mailing the information 
                        described in the subpoena to an address 
                        supplied in the subpoena;
                            ``(iii) the State shall permit such a 
                        subpoena to be enforced against such an entity 
                        in the State, with the entity bearing the 
                        burden of justifying any failure to comply with 
                        the subpoena; and
                            ``(iv) information supplied by an entity in 
                        response to such a subpoena shall be admissible 
                        to prove the truth of the information;
                    ``(B) a certified copy of an out-of-State order, 
                decree, or judgment related to child support or 
                parentage shall be admitted once offered in the courts 
                of the State if the order, decree, or judgment is 
                regular on its face;
                    ``(C) electronically transmitted information and 
                documents faxed to a court or administrative agency 
                that contain information related to the amount of a 
                child support obligation and the terms of the order 
                imposing the obligation may be offered as evidence of 
                the amount and the terms, and electronically 
                transmitted records of payment of a child support 
                agency that are regular on their face shall be 
                admissible as evidence in a child support or parentage 
                proceeding to prove the truth of the matter asserted in 
                the records;
                    ``(D) out-of-State depositions, interrogatories, 
                admissions of fact, and other discovery documents may 
                be offered and shall be admitted in a child support or 
                parentage proceeding to prove the truth of the matters 
                asserted in the documents if regular on their face and 
                if such documents comply with the appropriate discovery 
                rule or law of the State where the discovery was 
                conducted; and
                    ``(E) written, videotaped, or audiotaped evidence 
                related to a child support or parentage proceeding may 
                be offered and shall be admitted to prove the truth of 
                the matter asserted therein.''.

SEC. 471. TELEPHONIC APPEARANCE IN INTERSTATE CASES.

    Section 466(a) (42 U.S.C. 666(a)), as amended by section 472(b) of 
this Act, is amended by inserting after paragraph (20) the following:
            ``(21) Procedures under which the parties to an interstate 
        parentage or child support administrative or judicial 
        proceeding may appear and participate by telephonic means in 
        lieu of appearing personally.''.

SEC. 472. UNIFORM TERMS IN ORDERS.

    (a) In General.--Section 452(a) (42 U.S.C. 652(a)) is amended--
            (1) in paragraph (9), by striking ``and'' after the 
        semicolon;
            (2) in paragraph (10), by striking the period at the end of 
        the 2nd sentence and inserting ``; and''; and
            (3) by adding at the end the following:
            ``(11) not later than 12 months after the date of the 
        enactment of this paragraph, develop, in conjunction with State 
        executive and judicial organizations, a uniform abstract of a 
        child support order, for use by all State courts to record, 
        with respect to each child support order in the child support 
        order registry established under section 466(a)(12)--
                    ``(A) the date support payments are to begin under 
                the order;
                    ``(B) the circumstances upon which support payments 
                are to end under the order;
                    ``(C) the amount of child support payable pursuant 
                to the order expressed as a sum certain to be paid on a 
                monthly basis, arrearages expressed as a sum certain as 
                of a certain date, and any payback schedule for the 
                arrearages;
                    ``(D) whether the order awards support in a lump 
                sum (nonallocated) or per child;
                    ``(E) if the award is in a lump sum, the event 
                causing a change in the support award and the amount of 
                any change;
                    ``(F) other expenses covered by the order;
                    ``(G) the names of the parents subject to the 
                order;
                    ``(H) the social security account numbers of the 
                parents;
                    ``(I) the name, date of birth, and social security 
                account number (if any) of each child covered by the 
                order;
                    ``(J) the identification (FIPS code, name, and 
                address) of the court that issued the order;
                    ``(K) any information on health care support 
                required by the order; and
                    ``(L) the party to contact if additional 
                information is obtained.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect on the date of the enactment of this Act.

SEC. 473. SOCIAL SECURITY NUMBERS ON MARRIAGE LICENSES, DIVORCE 
              DECREES, PARENTAGE DECREES, AND BIRTH CERTIFICATES.

    Section 466(a) (42 U.S.C. 666(a)), as amended by section 472 of 
this Act, is amended by inserting after paragraph (21) the following:
            ``(22) Procedures under which the social security account 
        number (if any) of--
                    ``(A) each individual applying for a marriage 
                license is to be listed by the individual's name on the 
                license;
                    ``(B) each party granted a divorce decree is to be 
                listed by the party's name on the decree, if any party 
                to the decree is pregnant or a parent; and
                    ``(C) each individual determined to be a parent of 
                a child in an action to establish parentage is to be 
                listed by the individual's name on the decree 
                containing the determination; and
                    ``(D) each parent of a child is to be listed by the 
                parent's name on the child's birth certificate.''.

SEC. 474. ADMINISTRATIVE SUBPOENA POWER.

    Section 466(a) (42 U.S.C. 666(a)), as amended by section 474 of 
this Act, is amended by inserting after paragraph (22) the following:
            ``(23) Procedures under which the State child support 
        enforcement agency may issue a subpoena which--
                    ``(A) requires the individual served to produce and 
                deliver documents to, or to appear at, a court or 
                administrative agency on a certain date; and
                    ``(B) penalizes an individual for failing to comply 
                with the subpoena.''.

SEC. 475. LEGAL ASSISTANCE PROGRAMS.

    (a) Use of Funds for Child Support Cases.--The Legal Services 
Corporation shall ensure that at least 10 percent of the funds it 
provides to each recipient in a fiscal year be used to assist eligible 
clients to obtain child support to which they may be entitled.
    (b) Definitions.--For purposes of this section--
            (1) the term ``child support'' means a payment of money or 
        provision of a benefit for the support of a child, and includes 
        periodic and lump-sum payments for current and past due 
        economic support, payments of premiums for health insurance for 
        children, payments for or provision of child care, and payments 
        for educational expenses; and
            (2) the term ``eligible client'' has the meaning given that 
        term in section 1002(3) of the Legal Services Corporation Act 
        (42 U.S.C. 2996a(3)).

SEC. 476. INDIAN CHILD SUPPORT.

    (a) Sense of the Congress.--It is the sense of the Congress that--
            (1) children residing on Indian reservations be accorded 
        the same right of support that is currently afforded off-
        reservation children; and
            (2) State and tribal governments should, to the greatest 
        extent possible, ensure that jurisdictional issues do not 
        prevent any Indian child, on- or off-reservation, from 
        receiving support to which the child is entitled.
    (b) Full Faith and Credit of Support Orders.--The Indian Child 
Welfare Act of 1978 (25 U.S.C. 1901 et seq.) is amended by adding at 
the end the following:

                    ``TITLE IV--INDIAN CHILD SUPPORT

``SEC. 401. FULL FAITH AND CREDIT.

    ``(a) Every Indian tribe shall give full faith and credit to the 
public acts, records, and judicial proceedings of the United States, 
every State, and every territory or possession of the United States 
applicable to Indian child support proceedings to the same extent that 
the Indian tribe gives full faith and credit to public acts, records, 
and judicial proceedings of any other entity pursuant to section 101(d) 
of this Act.
    ``(b) The United States, every State, every territory or possession 
of the United States, and every Indian tribe shall give full faith and 
credit to the public acts, records, and judicial proceedings of any 
Indian tribe applicable to Indian child support proceedings to the same 
extent that such entities give full faith and credit to public acts, 
records, and judicial proceedings of any other entity.''.

SEC. 477. SUPPORT ORDERS OUTREACH AND DEMONSTRATIONS.

    (a) Sense of the Congress.--It is the sense of the Congress that 
States should work with community-based organizations with ties to 
underserved populations to develop better methods to reach and work 
with such populations to encourage the filing of more support orders.
    (b) States Required To Conduct Surveys of Underserved 
Populations.--
            (1) In general.--Part D of title IV (42 U.S.C. 651-669) is 
        amended by adding at the end the following:

``SEC. 470. STATE SURVEYS OF UNDERSERVED POPULATIONS.

    ``Each State, as a condition for having a State plan approved under 
this part, must conduct surveys to identify populations underserved by 
child support services, and develop outreach programs to serve such 
populations in places such as child care centers, parenting classes, 
prenatal classes, and unemployment offices.''.
            (2) Federal financial participation.--Section 455(a)(1) (42 
        U.S.C. 655(a)(1)) is amended--
                    (A) in subparagraph (B), by striking ``and'' at the 
                end;
                    (B) in subparagraph (C) by adding ``and'' at the 
                end; and
                    (C) by inserting after subparagraph (C) the 
                following:
            ``(D) equal to 90 percent of so much of the sums expended 
        during such quarter as are attributable to operating programs 
        described in section 470,''.
    (c) Materials To Assist Persons With Low Literacy Levels.--The 
Secretary of Health and Human Services shall fund demonstration 
projects and technical assistance grants to States to develop 
applications and informational materials directed to individuals with 
low literacy levels or difficulties reading English.
    (d) Review of Written Materials.--The Secretary of Health and Human 
Services shall review all written materials provided to persons served 
by the Office of Child Support Enforcement to ensure that any 
requirement contained in the materials is presented clearly and in a 
manner that is easily understandable by such persons.
    (e) Demonstration Projects To Improve Coordination Between Certain 
State Public Assistance Agencies.--The Secretary of Health and Human 
Services shall make grants to States to conduct demonstration projects 
to test various methods for improving the coordination of services and 
case processing between the State agency referred to in section 
402(a)(3) of the Social Security Act and the State agency referred to 
in section 454(3) of such Act.
    (f) Referral of Custodial Parents to Community Resources To Combat 
Domestic Violence.--Section 454 (42 U.S.C. 654) is amended--
            (1) by striking ``and'' at the end of paragraph (24);
            (2) by striking the period at the end of paragraph (25) and 
        inserting ``; and''; and
            (3) by inserting after paragraph (25) the following:
            ``(26) provide that the agency administering the plan--
                    ``(A) may represent custodial parents in custody 
                cases; and
                    ``(B) must refer to appropriate community resources 
                custodial parents against whom or whose children 
                violence has been threatened as a result of cooperation 
                with a State agency in establishing or enforcing a 
                child support order, in accordance with procedures 
                developed by the State to reduce the risk of violence, 
                such as exempting the custodial parent from any 
                requirement of face-to-face meetings with persons other 
                than from the agency.''.

                           PART F--PARENTAGE

SEC. 481. PARENTAGE.

    (a) State Plan.--
            (1) In general.--Section 454 (42 U.S.C. 654), as amended by 
        section 477(f) of this Act, is amended--
                    (A) by striking ``and'' at the end of paragraph 
                (25);
                    (B) by striking the period at the end of paragraph 
                (26) and inserting ``; and''; and
                    (C) by inserting after paragraph (26) the 
                following:
            ``(27) in order to encourage voluntary paternity 
        acknowledgement, provide for--
                    ``(A) the development and distribution of material 
                at schools, hospitals (not later than 2 years after the 
                effective date of this paragraph), agencies 
                administering the programs under part A of this title 
                and title XIX, prenatal health-care providers, WIC 
                programs, health departments, clinics, and other 
                appropriate locations that describe the benefits and 
                responsibilities of paternity establishment and the 
                process by which paternity services may be obtained;
                    ``(B) outreach programs at hospitals and birthing 
                facilities and programs for prenatal care, child birth, 
                and parenting, in accordance with regulations which 
                shall be prescribed by the Secretary not later than 1 
                year after such effective date; and
                    ``(C) the use of consent procedures.''.
            (2) Enhanced federal match.--Section 455(a)(1) (42 U.S.C. 
        655(a)(1)) is amended--
                    (A) by striking ``and'' at the end of subparagraph 
                (B);
                    (B) by inserting ``and'' at the end of subparagraph 
                (C); and
                    (C) by inserting after subparagraph (C) the 
                following:
                    ``(D) equal to 90 percent (rather than the 
                percentage specified in subparagraph (A)) of so much of 
                the sums expended during such quarter as are 
                attributable to costs incurred in carrying out section 
                454(27);''.
    (b) State Law.--Section 466(a) (42 U.S.C. 666(a)), as amended by 
section 475 of this Act, is amended by inserting after paragraph (23) 
the following:
            ``(24) Procedures under which--
                    ``(A) in a parentage case, an individual who signs 
                the signature line provided for a father on a State 
                birth certificate is rebuttably presumed to be a parent 
                of the child, and a birth certificate so signed is 
                admissible as evidence of such parentage;
                    ``(B) a simple, civil consent procedure is 
                available for individuals who agree to acknowledge 
                parentage of a child;
                    ``(C) an acknowledgment of parentage of a child--
                            ``(i) may be incorporated in a witnessed, 
                        written statement which includes a statement 
                        that the individual--
                                    ``(I) understands the consequences 
                                of paternity acknowledgment;
                                    ``(II) is signing the statement 
                                voluntarily; and
                                    ``(III) does not object to a court 
                                entering an order for parentage of the 
                                child based on the acknowledgment, 
                                without notice before the order is 
                                issued and without the requirement of 
                                pleadings, service, summons, testimony, 
                                or a hearing;
                            ``(ii) is registered as part of the process 
                        of registering the birth certificate of the 
                        child; and
                            ``(iii) is admissible in court as evidence 
                        of the individual's parentage of the child;
                    ``(D) collection of information for purposes of 
                establishing a child support obligation may be done 
                during the parentage acknowledgment process, to the 
                maximum extent consistent with the State constitution;
                    ``(E) a civil procedure (and not a criminal 
                procedure) is used in parentage determination cases;
                    ``(F) parentage is determined by a preponderance of 
                the evidence;
                    ``(G) a party may bring a parentage case without 
                joinder of the named child, and State law regarding 
                privity of the parties shall govern the res judicata 
                effect of nonjoinder;
                    ``(H) the results of a parentage test are 
                rebuttably presumed to be accurate in a parentage case, 
                if the test results are admitted as evidence of the 
                matter tested and are uncontroverted, and the test has 
                an accuracy rate of at least 98 percent;
                    ``(I) a determination of parentage may be made 
                against a noncooperative party who refuses to submit to 
                a court order to submit to parentage testing;
                    ``(J) an objection to parentage testing or to the 
                results of a parentage test must be made in writing at 
                least 21 days before trial, and if no such objection is 
                made, the test results are admissible as evidence of 
                the matter tested, without any requirement for the 
                attendance of a representative of the hospital, clinic, 
                or parentage laboratory that conducted the test;
                    ``(K) prenatal and post-natal parentage-testing 
                bills are admissible as evidence of parentage, without 
                any requirement of third-party foundation testimony, 
                and any such bill is prima facie evidence of the 
                expenses incurred on behalf of the child for the 
                procedures included in the bill;
                    ``(L) a default order is entered in a parentage 
                case on a proper showing of evidence of parentage and 
                of service of process on the defendant, without regard 
                to the personal presence of the plaintiff;
                    ``(M) a temporary child support order is entered 
                against an individual if--
                            ``(i) the individual is presumed to be the 
                        parent of the child by reason of the results of 
                        a parentage test;
                            ``(ii) the individual has signed a 
                        statement acknowledging parentage of the child; 
                        or
                            ``(iii) there is other clear and convincing 
                        evidence that the individual is a parent of the 
                        child;
                    ``(N) an individual determined by law to be the 
                parent of a child is precluded from claiming 
                nonparentage of the child as a defense in a child 
                support case;
                    ``(O) a single action may be brought to determine 
                the parentage of a child and to establish a child 
                support obligation with respect to the child; and
                    ``(P)(i) an action to determine the parentage of a 
                child may be brought only in the county in which the 
                child resides; and
                    ``(ii) if the child who is the subject of a 
                parentage determination action moves to another county, 
                the action is to be transferred to the other county, on 
                request of the custodial parent of the child.''.
    (c) Sense of the Congress.--It is the sense of the Congress that, 
in a proceeding to establish paternity, once paternity is alleged, the 
burden of proof should shift to the alleged father.

                          PART G--ENFORCEMENT

SEC. 491. DIRECT WAGE WITHHOLDING.

    (a) State Law.--Section 466(b) (42 U.S.C. 666(b)) is amended by 
adding at the end the following:
            ``(11)(A) Upon the issuance or modification by a State 
        court or administrative agency of an order imposing a child 
        support obligation on an individual, the State shall transmit 
        to any employer of the individual a wage withholding order 
        developed under section 452(a)(14) directing the employer to 
        withhold amounts from the wages of the individual pursuant to 
        the order.
            ``(B) Any individual or entity engaged in commerce, as a 
        condition of doing business in the State, shall, on receipt of 
        a wage withholding order developed under section 452(a)(14) 
        that is regular on its face and has been issued by a court of 
        any State--
                    ``(i) immediately provide a copy of the order to 
                the employee subject to the order;
                    ``(ii) within 10 days after receipt of the order, 
                comply with the order;
                    ``(iii) forward the amount withheld pursuant to the 
                order to the State or custodial parent specified in the 
                order; and
                    ``(iii) keep records of the amounts so withheld.
            ``(C) Such an order may be served on the income source 
        directly or by first-class mail.
            ``(D) An individual or entity who complies with such an 
        order may not be held liable for wrongful withholding of income 
        from the employee subject to the order.
            ``(E)(i) The State shall impose a civil fine of $1,000 on 
        any individual or entity who receives such an order, and fails 
        to comply with the order within 10 days after receipt.
            ``(ii) The 10-day period described in clause (i) shall be 
        extended by any period during which the individual or entity 
        contests the order, until the contest is finally decided.
            ``(12) If the State transmits to an individual or entity 
        engaged in commerce in another State a wage withholding order 
        issued by the State with respect to an employee of the 
        individual or entity, and the individual or entity contests or 
        refuses to comply with the order, the State shall send an 
        informational copy of the order to the registry established 
        under subsection (a)(12) of such other State or of the State 
        from which the income of the employee is paid.
            ``(13) If an employee requests a hearing to contest wage 
        withholding based on claim of a mistake of fact, the hearing 
        may be held in the State from which the income is paid or in 
        which the employee is employed, and, within 45 days after the 
        income source receives the withholding order, the entity 
        conducting the hearing must adjudicate the claim. The State in 
        which the hearing is held shall provide appropriate services in 
        cases enforced under the State plan to ensure that the 
        interests of the individual to whom the withheld income is to 
        be paid are adequately represented.''.
    (b) Uniform Withholding Order.--Section 452(a) (42 U.S.C. 652(a)), 
as amended by sections 471(a), 452(c), and 469(a) of this Act, is 
amended--
            (1) by striking ``and'' at the end of paragraph (12);
            (2) by striking the period at the end of paragraph (13) and 
        inserting ``; and''; and
            (3) by inserting after paragraph (13) the following:
            ``(14) develop a uniform order to be used in all cases in 
        which income is to be withheld for the payment of child 
        support, which shall contain the name of the individual whose 
        income is to be withheld, the number of children covered by the 
        order, and the individual or State to whom the withheld income 
        is to be paid, and be generic to allow for the service of the 
        order on all sources of income.''.

SEC. 492. PRIORITIES IN APPLICATION OF WITHHELD WAGES.

    Section 466(b) (42 U.S.C. 666(a)), as amended by section 491(a) of 
this Act, is amended by inserting after paragraph (13) the following:
            ``(14) Procedures under which the amounts withheld pursuant 
        to a child support or wage withholding order are to be applied 
        in the following order:
                    ``(A) To payments of support due during the month 
                of withholding.
                    ``(B) To payments of premiums for health care 
                insurance coverage for dependent children.
                    ``(C) To payments of support due before the month 
                of withholding, and of unreimbursed health-care 
                expenses.''.

SEC. 493. ADDITIONAL BENEFITS SUBJECT TO GARNISHMENT.

    (a) Federal Death Benefits, Black Lung Benefits, and Veterans 
Benefits.--Section 462(f)(2) (42 U.S.C. 662(f)(2)) is amended by 
striking ``(not including'' and all that follows through 
``compensation)''.
    (b) Workers' Compensation.--Section 462(f) (42 U.S.C. 662(f)) is 
amended--
            (1) by striking ``or'' at the end of paragraph (1);
            (2) by striking the period at the end of paragraph (2) and 
        inserting ``, or''; and
            (3) by adding at the end the following:
            ``(3) workers' compensation benefits.''.

SEC. 494. CONSUMER CREDIT PROTECTION ACT AMENDMENTS.

    (a) Preemption of State Laws.--Section 307 of the Consumer Credit 
Protection Act (15 U.S.C. 1677) is amended--
            (1) by striking ``This'' and inserting ``(a) In General.--
        Subject to subsection (b), this'';
            (2) by striking ``or'' at the end of paragraph (1);
            (3) by striking the period at the end of paragraph (2) and 
        inserting ``, or''; and
            (4) by adding at the end the following:
            ``(3) providing a cause of action, either by the State or a 
        private individual, to enforce a Federal or State law related 
        to garnishment for the purpose of securing child support.
    ``(b) Exception.--Subsection (a)(1) shall not apply to the laws of 
any State that prohibit or restrict garnishments for the purpose of 
securing support for any person.''.
    (b) Other Forms of Income.--Title III of such Act (15 U.S.C. 1671 
et seq.) is amended by adding at the end the following:

``SEC. 308. OTHER FORMS OF INCOME.

    ``This title does not apply to forms of income that are not 
earnings within the definition contained in section 302(a).''.
    (c) Priority of Debts.--Title III of such Act (15 U.S.C. 1671 et 
seq.), as amended by subsection (b) of this section, is amended by 
adding at the end the following:

``SEC. 309. PRIORITY OF DEBTS.

    ``If an individual's disposable earnings are not sufficient to 
pay--
            ``(1) a garnishment intended to satisfy a Federal debt; and
            ``(2) a garnishment intended to satisfy a debt related to 
        the support of any child,
the Federal debt shall be satisfied through garnishment only after the 
debt related to child support has first been satisfied.''.
    (d) Additional Indebtedness in Anti-Discharge Section.--Section 304 
of such Act (16 U.S.C. 1674) is amended by adding at the end the 
following:
    ``(c) The prohibition contained in subsection (a) shall apply to 
any employee whose earnings are subject to garnishment for more than 
one indebtedness, if the additional indebtedness arises from an order 
for the support of a child.''.

SEC. 495. PROHIBITION AGAINST USE OF ELECTION OF REMEDIES DOCTRINE TO 
              PREVENT COLLECTION OF CHILD SUPPORT.

    Section 466(a) (42 U.S.C. 666(a)), as amended by section 481(b) of 
this Act, is amended by inserting after paragraph (24) the following:
            ``(25) Procedures which prohibit any State court from 
        applying the doctrine of election of remedies to prevent a 
        custodial parent from collecting or seeking to collect child 
        support from a noncustodial parent.''.

SEC. 496. HOLD ON OCCUPATIONAL, PROFESSIONAL, AND BUSINESS LICENSES.

    (a) State Hold Based on Warrant or Support Delinquency.--Section 
466(a) (42 U.S.C. 666(a)), as amended by section 495 of this Act, is 
amended by inserting after paragraph (25) the following:
            ``(26) Procedures under which the State occupational 
        licensing and regulating departments and agencies may not issue 
        or renew any occupational, professional, or business license 
        of--
                    ``(A) a noncustodial parent who is the subject of 
                an outstanding failure to appear warrant, capias, or 
                bench warrant related to a child support proceeding 
                that appears on the State's crime information system, 
                until removed from the system; and
                    ``(B) an individual who is delinquent in the 
                payment of child support, until the obligee or a State 
                prosecutor responsible for child support enforcement 
                consents to, or a court that is responsible for the 
                order's enforcement orders, the release of the hold on 
                the license, or an expedited inquiry and review is 
                completed while the individual is granted a 60-day 
                temporary license.''.
    (b) Federal Hold Based on Support Delinquency.--A Federal agency 
may not issue or renew any occupational, professional, or business 
license of an individual who is delinquent in the payment of child 
support, until the obligee, the obligee's attorney or a State 
prosecutor responsible for child support enforcement consents to, or a 
court that is responsible for the order's enforcement orders, the 
release of the hold on the license, or an expedited inquiry and review 
is completed while the individual is granted a 60-day temporary 
license.

SEC. 497. DRIVER'S LICENSES AND VEHICLE REGISTRATIONS DENIED TO PERSONS 
              FAILING TO APPEAR IN CHILD SUPPORT CASES.

    Section 466(a) (42 U.S.C. 666(a)), as amended by section 496(a) of 
this Act, is amended by inserting after paragraph (26) the following:
            ``(27) Procedures under which the State motor vehicle 
        department--
                    ``(A) may not issue or renew the driver's license 
                or any vehicle registration (other than temporary) of 
                any noncustodial parent who is the subject of an 
                outstanding failure to appear warrant, capias, or bench 
                warrant related to a child support proceeding that 
                appears on the State's crime information system, until 
                removed from the system;
                    ``(B) upon receiving notice that an individual to 
                whom a State driver's license or vehicle registration 
                has been issued is the subject of a warrant related to 
                a child support proceeding, shall issue a show cause 
                order to the individual requesting the individual to 
                demonstrate why the individual's driver's license or 
                vehicle registration should not be suspended until the 
                warrant is removed by the State responsible for issuing 
                the warrant; and
                    ``(C) in any case in which a show cause order has 
                been issued as described in subparagraph (B), may grant 
                a temporary license or vehicle registration to the 
                individual pending the show cause hearing or the 
                removal of the warrant, whichever occurs first.''.

SEC. 498. LIENS ON CERTIFICATES OF VEHICLE TITLE.

    Section 466(a) (42 U.S.C. 666(a)), as amended by section 497 of 
this Act, is amended by inserting after paragraph (27) the following:
            ``(28) Procedures under which the State shall 
        systematically place liens on vehicle titles for child support 
        arrearages determined under a court order or an order of an 
        administrative process established under State law, using a 
        method for updating the value of the lien on a regular basis or 
        allowing for an expedited inquiry to and response from a 
        governmental payee for proof of the amount of arrears, with an 
        expedited method for the titleholder or the individual owing 
        the arrearage to contest the arrearage or to request a release 
        upon fulfilling the support obligation, and under which such a 
        lien has precedence over all other encumbrances on a vehicle 
        title other than a purchase money security interest, and that 
        the individual owed the arrearage may execute on, seize, and 
        sell the property in accordance with State law.''.

SEC. 499. ATTACHMENT OF BANK ACCOUNTS.

    Section 466(a) (42 U.S.C. 666(a)), as amended by section 498 of 
this Act, is amended by inserting after paragraph (28) the following:
            ``(29) Procedures under which--
                    ``(A) amounts on deposit in a bank account may be 
                seized to satisfy child support arrearages determined 
                under a court order or an order of an administrative 
                process established under State law, solely through an 
                administrative process, pending notice to and an 
                expedited opportunity to be heard from the account 
                holder or holders; and
                    ``(B) if the account holder or holders fail to 
                successfully challenge the seizure (as determined under 
                State law), the bank may be required to pay from the 
                account to the entity with the right to collect the 
                arrearage the lesser of--
                            ``(i) the amount of the arrearage; or
                            ``(ii) the amount on deposit in the 
                        account.''.

SEC. 499A. SEIZURE OF LOTTERY WINNINGS, SETTLEMENTS, PAYOUTS, AWARDS, 
              AND BEQUESTS, AND SALE OF FORFEITED PROPERTY, TO PAY 
              CHILD SUPPORT ARREARAGES.

    Section 466(a) (42 U.S.C. 666(a)), as amended by section 499 of 
this Act, is amended by inserting after paragraph (29) the following:
            ``(30) Procedures, in addition to other income withholding 
        procedures, under which a lien is imposed against property with 
        the following effect:
                    ``(A) The distributor of the winnings from a State 
                lottery or State-sanctioned or tribal-sanctioned 
                gambling house or casino shall--
                            ``(i) suspend payment of the winnings from 
                        the person otherwise entitled to the payment 
                        until an inquiry is made to and a response is 
                        received from the State child support 
                        enforcement agency as to whether the person 
                        owes a child support arrearage; and
                            ``(ii) if there is such an arrearage, 
                        withhold from the payment the lesser of the 
                        amount of the payment or the amount of the 
                        arrearage, and pay the amount withheld to the 
                        agency for distribution.
                    ``(B) The person required to make a payment under a 
                policy of insurance or a settlement of a claim made 
                with respect to the policy shall--
                            ``(i) suspend the payment until an inquiry 
                        is made to and a response received from the 
                        agency as to whether the person otherwise 
                        entitled to the payment owes a child support 
                        arrearage; and
                            ``(ii) if there is such an arrearage, 
                        withhold from the payment the lesser of the 
                        amount of the payment or the amount of the 
                        arrearage, and pay the amount withheld to the 
                        agency for distribution.
                    ``(C) The payor of any amount pursuant to an award, 
                judgment, or settlement in any action brought in 
                Federal or State court shall--
                            ``(i) suspend the payment of the amount 
                        until an inquiry is made to and a response is 
                        received from the agency as to whether the 
                        person otherwise entitled to the payment owes a 
                        child support arrearage; and
                            ``(ii) if there is such an arrearage, 
                        withhold from the payment the lesser of the 
                        amount of the payment or the amount of the 
                        arrearage, and pay the amount withheld to the 
                        agency for distribution.
                    ``(D) If the State seizes property forfeited to the 
                State by an individual by reason of a criminal 
                conviction, the State shall--
                            ``(i) hold the property until an inquiry is 
                        made to and a response is received from the 
                        agency as to whether the individual owes a 
                        child support arrearage; and
                            ``(ii) if there is such an arrearage, sell 
                        the property and, after satisfying the claims 
                        of all other private or public claimants to the 
                        property and deducting from the proceeds of the 
                        sale the attendant costs (such as for towing, 
                        storage, and the sale), pay the lesser of the 
                        remaining proceeds or the amount of the 
                        arrearage directly to the agency for 
                        distribution.
                    ``(E) Any person required to make a payment in 
                respect of a decedent shall--
                            ``(i) suspend the payment until an inquiry 
                        is made to and a response received from the 
                        agency as to whether the person otherwise 
                        entitled to the payment owes a child support 
                        arrearage; and
                            ``(ii) if there is such an arrearage, 
                        withhold from the payment the lesser of the 
                        amount of the payment or the amount of the 
                        arrearage, and pay the amount withheld to the 
                        agency for distribution.''.

SEC. 499B. FRAUDULENT TRANSFER PURSUIT.

    Section 466(a) (42 U.S.C. 666(a)), as amended by section 499A of 
this Act, is amended by inserting after paragraph (30) the following:
            ``(31) Procedures requiring that, in any case related to 
        child support, any transfer of property by an individual who 
        owes a child support arrearage shall be presumed to be made 
        with the intent to avoid payment of the arrearage, and may be 
        rebutted by evidence to the contrary.''.

SEC. 499C. FULL IRS COLLECTION.

    (a) Sense of the Congress.--It is the sense of the Congress that 
the Commissioner of the Internal Revenue Services should instruct the 
field offices and agents of the Internal Revenue Service to give a high 
priority to requests for the use of full collection in delinquent child 
support cases, and to set uniform standards for full collection to 
ensure its expeditious and effective implementation.
    (b) Simplified Procedure.--The Secretary of the Treasury, in 
consultation with the Secretary of Health and Human Services, shall by 
regulation simplify the full collection process under section 6305 of 
the Internal Revenue Code of 1986 and reduce the amount of child 
support arrearage needed before an individual may apply for collection 
under such section.

SEC. 499D. TAX REFUND OFFSET PROGRAM EXPANDED TO COVER NON-AFDC POST-
              MINOR CHILDREN.

    Section 464(c) (42 U.S.C. 664(c)) is amended--
            (1) by striking ``(1) Except as provided in paragraph (2), 
        as'' and inserting ``As'';
            (2) by inserting ``(whether or not a minor)'' after ``a 
        child'' each place such term appears; and
            (3) by striking paragraphs (2) and (3).

SEC. 499E. ATTACHMENT OF PUBLIC AND PRIVATE RETIREMENT FUNDS.

    Section 466(a) (42 U.S.C. 666(a)), as amended by section 499B of 
this Act, is amended by inserting after paragraph (31) the following:
            ``(32) Procedures under which an individual owed a child 
        support arrearage (determined under a court order or an order 
        of an administrative process established under State law) may, 
        notwithstanding section 401(a)(13) of the Internal Revenue Code 
        of 1986, attach any interest in any public or private 
        retirement plan of the individual who owes the support, without 
        the requirement of a separate court order, and with notice and 
        an expedited hearing provided if requested by the individual 
        who owes the support.''.

SEC. 499F. REPORTING OF CHILD SUPPORT ARREARAGES TO CREDIT BUREAUS.

    Section 466(a)(7)(A) (42 U.S.C. 666(a)(7)(A)) is amended by 
striking ``$1,000'' and inserting ``the amount of the monthly support 
obligation''.

SEC. 499G. STATUTES OF LIMITATION.

    (a) In General.--Section 466(a) (42 U.S.C. 666(a)), as amended by 
section 499E of this Act, is amended by inserting after paragraph (32) 
the following:
            ``(33) Procedures which permit the enforcement of any child 
        support order until the child attains at least 30 years of 
        age.''.
    (b) Effective Date.--The amendment made by this section shall apply 
to orders entered before, on, and after the date of the enactment of 
this Act.

SEC. 499H. INTEREST.

    Section 466(a) (42 U.S.C. 666(a)), as amended by section 499G(a) of 
this Act, is amended by inserting after paragraph (33) the following:
            ``(34) Procedures under which the State child support 
        enforcement agency must assess and collect interest on all 
        child support judgments, at the rate determined for interest on 
        money judgments, in addition to any late payment fee imposed by 
        the State under section 454(21).''.

SEC. 499I. BANKRUPTCY.

    (a) Definition.--Section 101 of title 11, United States Code, is 
amended by inserting after paragraph (12) the following:
            ``(12a) `debt for child support' means a debt to a child 
        for maintenance for or support of the child within the meaning 
        of section 523(a)(5).''.
    (b) Exception From Automatic Stay.--Section 362(b) of such title is 
amended--
            (1) by inserting ``(A)'' after ``(2);
            (2) by adding ``or'' after the semicolon; and
            (3) by adding at the end the following new paragraph:
            ``(B) under subsection (a), of the commencement or 
        continuation of a civil action or administrative proceeding 
        against the debtor--
                    ``(i) to establish parentage;
                    ``(ii) to establish, review, adjust, or modify a 
                judgment or order creating a debt for child support; or
                    ``(iii) to enforce or collect on a judgment or 
                order issued in such an action or proceeding;''.
    (c) Treatment of Debt for Child Support in Proceedings Under 
Chapters 11, 12, and 13.--
            (1) Chapter 11.--Section 1123(a) of such title 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 the following new 
                paragraph:
            ``(8) provide for the full payment when due of debts for 
        child support, unless the parent in custody or guardian of the 
        child agrees otherwise.''.
            (2) Chapter 12.--Section 1222(a) of such title 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) provide for the full payment when due of debts for 
        child support, unless the parent in custody or guardian of the 
        child agrees otherwise.''.
            (3) Chapter 13.--Section 1322(a) of such title 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) provide for the full payment when due of debts for 
        child support, unless the parent in custody or guardian of the 
        child agrees otherwise.''.
    (d) Assertion of Claim for Child Support.--
            (1) In general.--Subchapter I of chapter 5 of such title is 
        amended by adding at the end the following:
``Sec. 511. Assertion of claim for child support
    ``(a) In General.--A claim for payment of a debt for child support 
may be asserted by the filing of a claim form that describes the debt.
    ``(b) Fee.--No fee shall be charged for the filing of a claim 
described in subsection (a).
    ``(c) Requirements for Appearance.--A claim described in subsection 
(a) may be made in any court by a person appearing--
            ``(1) in proper person; or
            ``(2) through an attorney admitted to practice in any 
        district court, without the attorney's being required to meet 
        any admission requirements other than those applicable in the 
        district in which the attorney is admitted to practice.''.
            (2) Bankruptcy rules.--Pursuant to section 2705 of title 
        28, United States Code, the Bankruptcy Rules shall be amended 
        as necessary to implement section 511 of title 11, United 
        States Code, as added by paragraph (1) of this subsection; 
        until the Bankruptcy Rules are so amended, any provision of the 
        Bankruptcy Rules or the rules of any court that is inconsistent 
        with that section is superseded by that section.
    (e) Clarification of the Nondischargeability of State Public Debts 
and Assigned Child Support Based on the Provision of Expenditures Under 
Parts A and E of Title IV of the Social Security Act.--Section 523 of 
title 11, United States Code, is amended by adding at the end the 
following:
    ``(f) For the purposes of subsection (a)(5), a debt to a child of 
the debtor for maintenance for or support of the child includes State 
public debts and assigned child support based on the provision of 
expenditures under parts A and E of title IV of the Social Security Act 
(43 U.S.C. 401 et seq. and 470 et seq.).''.

SEC. 499J. FEDERAL GOVERNMENT COOPERATION IN ENFORCEMENT OF SUPPORT 
              OBLIGATIONS OF MEMBERS AND FORMER MEMBERS OF THE ARMED 
              FORCES.

    (a) Availability of Current Locator Information.--
            (1) Maintenance of address information.--Each worldwide 
        personnel locator service of the Armed Forces and each 
        personnel locator service of the Armed Forces maintained for a 
        military installation shall include the residential address of 
        each member of the Armed Forces listed in such service. Within 
        30 days after a change of duty station or residential address 
        of a member listed in a locator service, the Secretary 
        concerned shall update the locator service to indicate the new 
        residential address of the member.
            (2) Availability of information.--The Secretary of Defense 
        shall prescribe regulations to make information regarding the 
        residential address of a member of the Armed Forces available, 
        on request, to any authorized person for the purposes of part D 
        of title IV of the Social Security Act.
            (3) Definitions.--For purposes of this subsection:
                    (A) The term ``authorized person'' has the meaning 
                given that term in section 453(c) of the Social 
                Security Act (42 U.S.C. 653(c)).
                    (B) The term ``Secretary concerned'' has the 
                meaning given that term in section 101(a)(9) of title 
                10, United States Code.
    (b) Facilitating the Granting of Leave for Attendance at 
Hearings.--
            (1) Regulations required.--The Secretary concerned shall 
        prescribe regulations to facilitate the granting of a leave of 
        absence to a member of the Armed Forces under the jurisdiction 
        of that Secretary when necessary for the member to attend a 
        hearing of a court that is conducted in connection with a civil 
        action--
                    (A) to determine whether the member is a natural 
                parent of a child; or
                    (B) to determine an obligation of the member to 
                provide child support.
            (2) Waiver authority.--The regulations prescribed under 
        paragraph (1) may authorize a waiver of the applicability of 
        the regulations to a member of the Armed Forces when--
                    (A) the member is serving in an area of combat 
                operations; or
                    (B) such a waiver is otherwise necessary in the 
                national security interest of the United States.
            (3) Definitions.--For purposes of this subsection:
                    (A) The term ``court'' has the meaning given that 
                term in section 1408(a) of title 10, United States 
                Code.
                    (B) The term ``child support'' has the meaning 
                given such term in section 462 of the Social Security 
                Act (42 U.S.C. 662).
                    (C) The term ``Secretary concerned'' has the 
                meaning given that term in section 101(a)(9) of title 
                10, United States Code.
    (c) Payment of Military Retired Pay in Compliance With Court 
Orders.--
            (1) Date of certification of court order.--Section 1408 of 
        title 10, United States Code, is amended--
                    (A) by redesignating subsection (i) as subsection 
                (j); and
                    (B) by inserting after subsection (h) the following 
                new subsection:
    ``(i) Certification Date.--It is not necessary that the date of a 
certification of the authenticity or completeness of a copy of a court 
order for child support received by the Secretary concerned for the 
purposes of this section be recent in relation to the date of 
receipt.''.
            (2) Payments consistent with assignments of rights to 
        states.--
                    (A) Authority.--Subsection (d)(1) of such section 
                is amended by inserting after the first sentence the 
                following: ``In the case of a spouse or former spouse 
                who, pursuant to section 402(a)(26) of the Social 
                Security Act (42 U.S.C. 602(26)), assigns to a State 
                the rights of the spouse or former spouse to receive 
                support, the Secretary concerned may make the child 
                support payments referred to in the preceding sentence 
                to that State in amounts consistent with the assignment 
                of rights.''.
                    (B) Rule of construction.--Subsection (c)(2) of 
                such section is amended--
                            (i) by inserting after the first sentence 
                        the following: ``The second sentence of 
                        subsection (d)(1) shall not be construed to 
                        create any such right, title, or interest.'';
                            (ii) by inserting ``(A)'' after ``(2)''; 
                        and
                            (iii) by designating the last sentence as 
                        subparagraph (B) and conforming the margins 
                        accordingly.
            (3) Arrearages owed by members of the uniformed services.--
        Part D of title IV (42 U.S.C. 651-669) is amended by inserting 
        after section 465 the following:

``SEC. 465A. PAYMENT OF CHILD SUPPORT ARREARAGES OWED BY MEMBERS OF THE 
              UNIFORMED SERVICES.

    ``Any authority, requirement, or procedure provided in this part or 
section 1408 of title 10, United States Code, that applies to the 
payment of child support owed by a member of the uniformed services (as 
defined in section 101 of title 37, United States Code) shall apply to 
the payment of child support arrearages as well as to amounts of child 
support that are currently due.''.

SEC. 499K. STATES REQUIRED TO ENACT THE UNIFORM INTERSTATE FAMILY 
              SUPPORT ACT.

    (a) In General.--Section 466 (42 U.S.C. 666) is amended by adding 
at the end the following:
    ``(f) In order to satisfy section 454(20)(A), each State must have 
in effect laws which--
            ``(1) adopt verbatim the officially approved version of the 
        Uniform Interstate Family Support Act adopted by the National 
        Conference of Commissioners on Uniform State Laws in August 
        1992; and
            ``(2) require the courts of the State to recognize 
        according to its terms an order issued by a court of any other 
        State adjudicating parentage of an individual over whom the 
        court of such other State has exercised personal 
        jurisdiction.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply to payments under part D of title IV of the Social Security Act 
for calendar quarters ending 2 or more years after the date of the 
enactment of this Act.

SEC. 499L. IRS RECONCILIATION PROCESS.

    (a) In General.--The Comptroller General and the Secretary of the 
Treasury shall jointly conduct a study of the feasibility of a 
procedure under which--
            (1) past-due child support is collected from the taxpayer 
        owing such support by increasing the taxpayer's tax liability 
        for a taxable year by the past-due child support for such 
        taxable year, and
            (2) the Internal Revenue Service remits the collected past-
        due child support to the individual or governmental agency 
        entitled to receive it.
    (b) Form.--As part of the study, the Secretary of the Treasury 
shall develop an appropriate form which could be filed with a 
taxpayer's income tax return and which shows--
            (1) the child support required to be paid by the taxpayer 
        during the taxable year,
            (2) the unpaid amount of such support as of the time of 
        filing the taxpayer's income tax return for such taxable year, 
        and
            (3) the name and address of the individual or governmental 
        agency entitled to receive any payment of such unpaid amount.
    (c) Report.--The report of such study shall be submitted to 
Congress not later than 1 year after the date of the enactment of this 
Act.

SEC. 499M. DENIAL OF PASSPORTS TO NONCUSTODIAL PARENTS SUBJECT TO STATE 
              ARREST WARRANTS IN CASES OF NONPAYMENT OF CHILD SUPPORT.

    The Secretary of State is authorized to refuse a passport or 
revoke, restrict, or limit a passport in any case in which the 
Secretary of State determines or is informed by competent authority 
that the applicant or passport holder is a noncustodial parent who is 
the subject of an outstanding State warrant of arrest for nonpayment of 
child support, where the amount in controversy is not less than 
$10,000.

SEC. 499N. DENIAL OF FEDERAL BENEFITS, LOANS, GUARANTEES, AND 
              EMPLOYMENT TO CERTAIN PERSONS WITH LARGE CHILD SUPPORT 
              ARREARAGES.

    (a) Benefits, Loans, and Guarantees.--Notwithstanding any other 
provision of law, each agency or instrumentality of the Federal 
Government may not, under any program that the agency or 
instrumentality supervises or administers, provide a benefit to, make a 
loan to, or provide any guarantee for the benefit of, any person--
            (1) whose child support arrearages, determined under a 
        court order or an order of an administrative process 
        established under State law, exceed $1,000; and
            (2) who is not in compliance with a plan or an agreement to 
        repay the arrearages.
    (b) Employment.--
            (1) In general.--Notwithstanding any other provision of 
        law, an individual shall be considered ineligible to accept 
        employment in a position in the Federal Government if--
                    (A) such individual has child support arrearages, 
                determined under a court order or an order of an 
                administrative process established under State law, 
                exceeding $1,000; and
                    (B) such individual is not in compliance with a 
                plan or agreement to repay the arrearages.
            (2) Regulations.--Regulations to carry out paragraph (1) 
        shall--
                    (A) with respect to positions in the executive 
                branch, be prescribed by the President (or his 
                designee);
                    (B) with respect to positions in the legislative 
                branch, be prescribed jointly by the President pro 
                tempore of the Senate and the Speaker of the House of 
                Representatives (or their designees); and
                    (C) with respect to positions in the judicial 
                branch, be prescribed by the Chief Justice of the 
                United States (or his designee).
            (3) Child support defined.--For purposes of this 
        subsection, the term ``child support'' has the meaning given 
        such term in section 462 of the Social Security Act.

SEC. 499O. STATES REQUIRED TO ORDER COURTS TO ALLOW ASSIGNMENT OF LIFE 
              INSURANCE BENEFITS TO SATISFY CHILD SUPPORT ARREARAGES.

    Section 466(a) (42 U.S.C. 666(a)), as amended by section 499H of 
this Act, is amended by inserting after paragraph (34) the following:
            ``(35) Procedures allowing State courts to--
                    ``(A) order the issuer of a life insurance policy 
                to change the beneficiary provisions of the policy to 
                effect an assignment of the benefits payable to a 
                beneficiary under the policy, in whole or in part, to a 
                child to satisfy a child support arrearage, determined 
                under a court order or an order of an administrative 
                process established under State law, owed by the 
                beneficiary with respect to the child; and
                    ``(B) prohibit the sale, assignment, or pledge as 
                collateral of the policy, in whole or in part, by the 
                beneficiary of the policy.''.

SEC. 499P. INTERESTS IN JOINTLY HELD PROPERTY SUBJECT TO ASSIGNMENT TO 
              SATISFY CHILD SUPPORT ARREARAGES.

    Section 466(a) (42 U.S.C. 666(a)), as amended by section 499O of 
this Act, is amended by inserting after paragraph (35) the following:
            ``(36) Procedures allowing State courts to order the 
        assignment of an interest in jointly held property to an 
        individual owed a child support arrearage (determined under a 
        court order or an order of an administrative process 
        established under State law) by a holder of an interest in the 
        property, to the extent of the arrearage.''.

SEC. 499Q. INTERNATIONAL CHILD SUPPORT ENFORCEMENT.

    (a) Sense of the Congress That the United States Should Ratify the 
United Nations Convention of 1956.--It is the sense of the Congress 
that the United States should ratify the United Nations Convention of 
1956.
    (b) Treatment of International Child Support Cases as Interstate 
Cases.--Section 454 (42 U.S.C. 654), as amended by section 481 of this 
Act, is amended--
            (1) by striking ``and'' at the end of paragraph (26);
            (2) by striking the period at the end of paragraph (27) and 
        inserting ``; and''; and
            (3) by inserting after paragraph (27) the following:
            ``(28) provide that the State must treat international 
        child support cases in the same manner as the State treats 
        interstate child support cases.''.

                  PART H--COLLECTION AND DISTRIBUTION

SEC. 499R. PRIORITIES IN DISTRIBUTION OF COLLECTED CHILD SUPPORT.

    (a) State Distribution Plan.--Section 457 (42 U.S.C. 657) is 
amended by adding at the end the following:
    ``(e) Beginning on September 1, 1994, the amounts that a State 
collects as child support (including interest) pursuant to a plan 
approved under this part, other than amounts so collected through a tax 
refund offset, shall (subject to subsection (d)) be paid--
            ``(1) first to the individual owed the support or (if the 
        individual assigned to the State the payment of the support) to 
        the State, to the extent necessary to satisfy the current 
        month's support obligation;
            ``(2) then to the individual owed the support, to the 
        extent necessary to satisfy any arrearage that accrued after 
        assistance with respect to the child under this title ended;
            ``(3) then, at the option of the State--
                    ``(A) to the individual owed the support, to the 
                extent necessary to satisfy any arrearage that accrued 
                before assistance was provided with respect to the 
                child under this title; or
                    ``(B) to the State, to the extent necessary to 
                reimburse the State for assistance provided with 
                respect to the child under this title (without 
                interest); and
            ``(4) then to other States, to the extent necessary to 
        reimburse such other States for assistance provided with 
        respect to the child under this title (without interest), in 
        the order in which such assistance was provided.''.
    (b) Study and Pilot Projects.--
            (1) In general.--The Comptroller General of the United 
        States shall conduct studies and pilot projects of systems 
        under which States would be required to pay the child support 
        collected pursuant to a State plan approved under part D of 
        title IV of the Social Security Act to the individuals to whom 
        the support is owed before making any payment to reimburse any 
        State for assistance provided with respect to the child under 
        part A of such title.
            (2) Report to the congress.--Within 3 years after the date 
        of the enactment of this Act, the Comptroller General shall 
        submit to the Committee on Ways and Means of the House of 
        Representatives and the Committee on Finance of the Senate a 
        report on each study and pilot project conducted pursuant to 
        paragraph (1), including a cost-benefit analysis and an 
        analysis of the costs that would be avoided under the program 
        of aid to families with dependent children under part A of 
        title IV of the Social Security Act, the program of medical 
        assistance under title XIX of such Act, and the food stamp 
        program under the Food Stamp Act of 1977, if the various 
        systems studied were implemented.
            (3) Sense of the congress.--It is the sense of the Congress 
        that, if the report submitted pursuant to paragraph (2) 
        demonstrates that there would be a net benefit to society if a 
        system described in paragraph (1) were implemented, then 
        Federal law should provide that States implement the system.
    (c) Revision of Federal Income Tax Refund Offset.--Section 6402 of 
the Internal Revenue Code of 1986 (relating to authority to make 
credits or refunds) is amended--
            (1) in subsection (c), by striking ``after any other 
        reductions allowed by law (but before'' and inserting ``before 
        any other reductions allowed by law (and before''; and
            (2) in subsection (d), by striking ``with respect to past-
        due support collected pursuant to an assignment under section 
        402(a)(26) of the Social Security Act''.
    (d) $50 Disregarded for All Means-Tested Programs.--Section 
457(b)(1) (42 U.S.C. 657(b)(1)) is amended by inserting ``under this 
part or under any other Federal program which determines eligibility 
for or the amount of assistance based on the income or assets of the 
applicant for or recipient of the assistance'' after ``during such 
month''.
    (e) Fill-The-Gap Policies Allowed.--Section 402(a)(28) (42 U.S.C. 
602(a)(28)) is amended by striking the open parenthesis and all that 
follows through the close parenthesis.

SEC. 499S. STATE CLAIMS AGAINST NONCUSTODIAL PARENT LIMITED TO 
              ASSISTANCE PROVIDED TO THE CHILD.

    Section 466(a) (42 U.S.C. 666(a)), as amended by section 499P of 
this Act, is amended by inserting after paragraph (36) the following:
            ``(37)(A) Procedures under which any claims the State may 
        have against a noncustodial parent for a child's portion of the 
        assistance provided under a State plan approved under part A 
        shall not exceed the amount specified as child support under a 
        court or administrative order.
            ``(B) As used in subparagraph (A), the term `child's 
        portion' means the assistance that would have been provided 
        with respect to the child if the needs of the caretaker 
        relative of the child had not been taken into account in making 
        the determination with respect to the child's family under 
        section 402(a)(7).''.

SEC. 499T. FEES FOR NON-AFDC CLIENTS.

    (a) In General.--Section 454(6) (42 U.S.C. 654(6)) is amended--
            (1) in subparagraph (B), by striking ``or recovered'' and 
        all that follows through ``program)'';
            (2) in subparagraph (C), by inserting ``on the parent who 
        owes the child or spousal support obligation involved'' after 
        ``imposed'';
            (3) in subparagraph (D), by striking ``individual who'' and 
        inserting ``the noncustodial parent if the child whose 
        parentage is to be determined through the tests''; and
            (4) in subparagraph (E), by striking all that follows ``may 
        be collected'' and inserting ``from the parent who owes the 
        child or spousal support obligation involved, but only after 
        all current and past-due support and interest charges have been 
        collected''.
    (b) Publication of Fee Schedules.--Section 454(10) (42 U.S.C. 
654(10)) is amended by inserting ``, and shall publish guidelines and 
schedules of fees which may be imposed under paragraph (6), and which 
shall be reasonable'' before the semicolon.

SEC. 499U. COLLECTION AND DISBURSEMENT POINTS FOR CHILD SUPPORT.

    Section 454 (42 U.S.C. 654), as amended by section 499Q(b) of this 
Act, is amended--
            (1) by striking ``and'' at the end of paragraph (27);
            (2) by striking the period at the end of paragraph (28) and 
        inserting ``; and''; and
            (3) by inserting after paragraph (28) the following:
            ``(29) provide for only 1 location, or several local or 
        regional locations for the collection of, accounting for, and 
        disbursement of child support in cases enforced under the State 
        plan under this part.''.

SEC. 499V. SENSE OF THE CONGRESS THAT STATES SHOULD ENCOURAGE PARENTS 
              TO USE THE STATE CHILD SUPPORT AGENCY TO COLLECT AND 
              PROCESS CHILD SUPPORT PAYMENTS.

    It is the sense of the Congress that States should encourage all 
parents to use the state child support agency to process and distribute 
child support payments in order to establish an official record of such 
payments.

                          PART I--FEDERAL ROLE

SEC. 499W. PLACEMENT AND ROLE OF THE OFFICE OF CHILD SUPPORT 
              ENFORCEMENT.

    Section 452(a) (42 U.S.C. 652(a)), as amended by section 491(b) of 
this Act, is amended--
            (1) in the matter preceding paragraph (1), by striking ``, 
        under the direction'' and all that follows through ``and who'' 
        and inserting ``which shall be known as the Office of Child 
        Support Enforcement, shall be under the direction of an 
        Assistant Secretary appointed by the President with the advice 
        and consent of the Senate, and shall have its own legal 
        counsel. The Assistant Secretary shall report directly to the 
        Secretary and'';
            (2) in paragraph (10)--
                    (A) in subparagraph (A), by inserting ``using a 
                methodology that reflects cost-avoidance as well as 
                cost-recovery'' after ``the States and the Federal 
                Government'';
                    (B) by redesignating subparagraphs (H) and (I) as 
                subparagraphs (I) and (J), respectively; and
                    (C) by inserting after subparagraph (G) the 
                following:
                    ``(H) the budgetary allocation of the $50 pass 
                through equally between part A and this part;'';
            (3) by striking ``and'' at the end of paragraph (13);
            (4) by striking the period at the end of paragraph (14) and 
        inserting ``; and''; and
            (5) by inserting after paragraph (14) the following:
            ``(15) initiate and actively pursue with other Federal 
        agencies, such as the Department of Defense, coordinated 
        efforts on Federal legislation.''.

SEC. 499X. TRAINING.

    (a) Federal Training Assistance.--Section 452(a)(7) (42 U.S.C. 
652(a)(7)) is amended by inserting ``and training'' after ``technical 
assistance''.
    (b) State Training Program.--Section 454 (42 U.S.C. 654), as 
amended by section 499U of this Act, is amended--
            (1) by striking ``and'' at the end of paragraph (28);
            (2) by striking the period at the end of paragraph (29) and 
        inserting ``; and''; and
            (3) by inserting after paragraph (29) the following:
            ``(30) provide that the State will develop and implement a 
        training program under which training is to be provided not 
        less frequently than annually to all personnel performing 
        functions under the State plan.''.
    (c) Report.--Section 452(a)(10) (42 U.S.C. 652(a)(10)), as amended 
by section 499W(2) of this Act, is amended by redesignating 
subparagraphs (I) and (J) as subparagraphs (J) and (K), respectively, 
and by inserting after subparagraph (H) the following:
                    ``(I) the training activities at the Federal and 
                State levels, the training audit, and the amounts 
                expended on training;''.

SEC. 499Y. STAFFING.

    (a) Studies.--The Secretary of Health and Human Services shall 
conduct and, not later than 1 year after the date of the enactment of 
this Act, complete staffing studies for each State child support 
enforcement program, including each agency and court involved in the 
child support process.
    (b) Report to the Congress.--Within 90 days after the end of the 1-
year period described in subsection (a), the Secretary shall report to 
the Committee on Ways and Means of the House of Representatives and the 
Committee on Finance of the Senate, and to each State, the results of 
the studies required by subsection (a).
    (c) Implementation.--The Secretary of Health and Human Services 
shall reduce by 2 percent the amount otherwise payable to a State 
pursuant to section 455(a)(1)(A) of the Social Security Act for any 
calendar quarter ending 2 or more years after the State receives a 
report transmitted pursuant to subsection (b), if the Secretary 
determines that, during the quarter, the State has not implemented the 
staffing levels recommended in the report.

SEC. 499Z. DEMONSTRATION PROJECTS TO TEST ALTERNATIVE APPROACHES TO 
              INCENTIVE FUNDING FOR STATE CHILD SUPPORT PROGRAMS.

    (a) In General.--The Secretary of Health and Human Services shall 
authorize 3 States to carry out demonstration projects under which--
            (1) the State is to implement the State plan approved under 
        part D of title IV of the Social Security Act so as to promote 
        quality control and provide incentives for enforcement of 
        health care support;
            (2) in lieu of applying subsections (b) and (c) of section 
        458 of such Act to the States, the incentive payment to a State 
        for a fiscal year shall be--
                    (A) not less than 65 percent of the total amount 
                expended to carry out the plan during the fiscal year 
                if the performance of the State in implementing the 
                plan meets such minimum performance standards as the 
                Secretary shall prescribe by regulation; and
                    (B) not more than 90 percent of such total amount 
                if the performance significantly exceeds the standards; 
                and
            (3) a payment to a State under this subsection is deemed a 
        payment to the State under such section 458.
    (b) Report.--The Secretary of Health and Human Services and the 
Comptroller General of the United States shall evaluate each 
demonstration project carried out under subsection (a) and report to 
the Committee on Ways and Means of the House of Representatives and the 
Committee on Finance of the Senate the results and their 
recommendations.
    (c) Health Care Support Included in Incentive Payment Formula.--
Section 458 (42 U.S.C. 658) is amended by adding at the end the 
following:
    ``(f) For purposes of this section, the term `support' includes 
premiums paid for health insurance coverage pursuant to a support 
order.''.
    (d) Minimum State Funding of Child Support Activities.--The 
Secretary of Health and Human Services shall reduce by 2 percent the 
amount otherwise payable to a State pursuant to section 455(a)(1)(A) of 
the Social Security Act for any of the 5 fiscal years that begin after 
the date of the enactment of this Act (in this subsection referred to 
as ``investment years''), if the Secretary determines that, during the 
investment year, the State has not expended on the program under the 
State plan approved under part D of title IV of such an amount equal to 
the sum of--
            (1) the amount the State expends on the program during the 
        fiscal year in which this Act becomes law (in this subsection 
        referred to as the ``base year''); plus
            (2)(A) in the case of the 1st investment year, 60 percent 
        of the amount paid to the State under section 458 of such Act 
        for the base year;
            (B) in the case of the 2nd investment year, 70 percent of 
        the amount so paid to the State;
            (C) in the case of the 3rd investment year, 80 percent of 
        the amount so paid to the State;
            (D) in the case of the 4th investment year, 90 percent of 
        the amount so paid to the State; and
            (E) in the case of the 5th investment year, 100 percent of 
        the amount so paid to the State.
    (e) Sense of the Congress.--It is the sense of the Congress that 
States should not use amounts paid to the States pursuant to part D of 
title IV of the Social Security Act, which are reinvested in child 
support activities, to supplant State funding of such activities.

SEC. 499AA. CHILD SUPPORT DEFINITION.

    (a) In General.--Section 452 (42 U.S.C. 652) is amended by adding 
at the end the following:
    ``(j) For purposes of this part, the term `child support' shall 
have the meaning given such term in section 462(b).''.
    (b) Conforming Amendments.--Section 462(b) (42 U.S.C. 662(b)) is 
amended--
            (1) by inserting ``and lump sum'' after ``periodic'', and
            (2) by inserting ``child care,'' after ``clothing,''.

SEC. 499BB. AUDITS.

    (a) Study.--
            (1) Contract authority.--The Secretary of Health and Human 
        Services shall enter into a contract for a study of the audit 
        process of the Office of Child Support Enforcement to develop 
        criteria and methodology for auditing the activities of State 
        child support enforcement agencies pursuant to part D of title 
        IV of the Social Security Act.
            (2) Design of study.--The study shall be designed to--
                    (A) identify ways to improve the auditing process, 
                including by--
                            (i) reducing the resources required to 
                        perform the audit;
                            (ii) simplifying procedures for States to 
                        follow in obtaining samples;
                            (iii) studying the feasibility of sampling 
                        cases for needed action rather than requiring 
                        sampling plans for each audit criterion; and
                            (iv) a more timely audit period of review; 
                        and
                    (B) develop a penalty process which--
                            (i) focuses on improving the delivery of 
                        child support services and not harming 
                        families;
                            (ii) uses a penalty not tied to any 
                        reduction of funds payable to States under part 
                        A of title IV of the Social Security Act; and
                            (iii) should include the escrowing of funds 
                        withheld as penalties for use by States to 
                        improve their child support programs in a 
                        manner approved by the Secretary of Health and 
                        Human Services.
    (b) Report.--Not later than 90 days after completion of the study 
required by subsection (a), 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 a report on 
the results of the study.
    (c) Limitation on Cases Included in Audits.--Section 452(a)(4) (42 
U.S.C. 652(a)(4)) is amended--
            (1) by inserting `(A) after ``(4);
            (2) by adding ``and'' at the end; and
            (3) by adding after and below the end the following:
            ``(B) notwithstanding subparagraph (A), each audit under 
        subparagraph (A) shall be limited to cases open on the date the 
        audit begins and cases closed within 180 days before such date, 
        unless the Secretary has determined, in accordance with 
        regulations, that there is a need for a longitudinal review of 
        case handling that includes cases that have been closed for 
        more than 180 days;''.

SEC. 499CC. CHILD SUPPORT ASSURANCE DEMONSTRATION PROJECTS.

    (a) Sense of the Congress.--It is the sense of the Congress that 
children should have a consistent source of income to meet their 
education and medical needs.
    (b) Sense of the Congress.--It is the sense of the Congress that 
the provision of public assistance to a custodial parent for the 
support of a child with respect to whom a noncustodial parent owes 
child support does not absolve the noncustodial parent of the 
obligation to provide such support.
    (c) Sense of the Congress.--It is the sense of the Congress that 
the States must continue to vigorously pursue efforts to establish 
parentage, and establish and enforce child support obligations.
    (d) Child Support Assurance Demonstration Projects.--
            (1) Purpose.--The purpose of this subsection is to test the 
        feasibility and utility of ensuring that custodial parents owed 
        child support have a consistent source of income for the 
        support of their children, by authorizing States to conduct 
        projects demonstrating various methods for doing so.
            (2) Consideration of applications.--
                    (A) In general.--The Secretary of Health and Human 
                Services (in this section referred to as the 
                ``Secretary'') shall consider applications to conduct 
                demonstration projects under this subsection received 
                only from eligible States.
                    (B) Eligible state defined.--For purposes of 
                subparagraph (A), a State is an eligible State if--
                            (i) the child support collection ratio for 
                        the State for the most recent fiscal year for 
                        which such information is available exceeds the 
                        child support collection ratio for the United 
                        States for the fiscal year; or
                            (ii) AFDC support collection ratio for the 
                        State for the most recent fiscal year for which 
                        such information is available exceeds the AFDC 
                        support collection ratio for the United States 
                        for the fiscal year.
                    (C) Child support collection ratio.--As used in 
                subparagraph (B), the term ``child support collection 
                ratio'' means, with respect to a fiscal year--
                            (i) for a State--
                                    (I) the total amount expended by 
                                the State during the fiscal year for 
                                the operation of the plan approved 
                                under section 454 of the Social 
                                Security Act; divided by
                                    (II) the total amount of support 
                                collected by the State during the 
                                fiscal year in all cases under part D 
                                of title IV of such Act; and
                            (ii) for the United States--
                                    (I) the total amount expended by 
                                the States during the fiscal year for 
                                the operation of the plans approved 
                                under such section; divided by
                                    (II) the total amount of support 
                                collected by the State during the 
                                fiscal year in all cases under part D 
                                of title IV of such Act; and
                            (ii) for the United States--
                                    (I) the total amount expended by 
                                the States during the fiscal year for 
                                the operation of the plans approved 
                                under such section; divided by
                                    (II) the total amount of support 
                                collected by the States during the 
                                fiscal year in all cases under such 
                                part.
                    (D) AFDC support collection ratio.--As used in 
                subparagraph (B), the term ``AFDC support collection 
                ratio'' means, with respect to a fiscal year--
                            (i) for a State--
                                    (I) the total amount expended by 
                                the State during the fiscal year for 
                                the operation of the plan approved 
                                under section 454 of the Social 
                                Security Act; divided by
                                    (II) the total amount of support 
                                collected by the State under the plan 
                                during the fiscal year in cases in 
                                which the support obligation involved 
                                is assigned to the State pursuant to 
                                section 402(a)(26) or section 
                                471(a)(17) of such Act; and
                            (ii) for the United States--
                                    (I) the total amount expended by 
                                the States during the fiscal year for 
                                the operation of the plans approved 
                                under such section 454; divided by
                                    (II) the total amount of support 
                                collected by the States under the plans 
                                during the fiscal year in cases in 
                                which the support obligation involved 
                                is assigned to a State pursuant to 
                                section 402(a)(26) or section 
                                471(a)(17) of such Act.
            (3) Application requirements.--Each application of a State 
        to conduct a demonstration project under this subsection must 
        describe a demonstration project that meets the following 
        requirements:
                    (A) Project beneficiaries.--A child support 
                assurance benefit is payable under the project to the 
                caretaker of a child if--
                            (i) the child is an eligible child; and
                            (ii) the caretaker has applied for services 
                        under the State plan approved under part D of 
                        title IV of the Social Security Act.
                    (B) Eligible children.--A child is an eligible 
                child if--
                            (i) the child resides in the State;
                            (ii) the child has a living noncustodial 
                        parent;
                            (iii) a good faith effort has been made to 
                        seek or enforce an order for such parent to 
                        provide support for the child, or there is good 
                        cause for not seeking or enforcing such an 
                        order; and
                            (iv) any rights to support owed the child 
                        have been assigned to the State, to the extent 
                        of the child support assurance benefits 
                        received with respect to the child under the 
                        project.
                    (C) Amount of child support assurance benefit.--The 
                amount of the child support assurance benefit payable 
                under the project to the caretaker of 1 or more 
                eligible children is the amount by which--
                            (i) the child support assurance threshold; 
                        exceeds
                            (ii) the dollar value of the child support 
                        (if any) received during the month by the 
                        caretaker from the noncustodial parent for the 
                        support of any eligible child.
                    (D) Child support assurance threshold.--The child 
                support assurance threshold is \1/12\ of--
                            (i) $2,000 for the 1st eligible child; plus
                            (ii) $1,000 for the 2nd eligible child (if 
                        any); plus
                            (iii) $500 for each subsequent eligible 
                        child (if any).
            (4) Methods to be tested.--In approving applications to 
        conduct demonstration projects under this subsection, the 
        Secretary shall ensure that the applications approved under 
        this subsection describe projects which, in the aggregate, are 
        designed to test the following:
                    (A) Administrative versus other processing.--The 
                feasibility of implementing a statewide child support 
                assurance benefit in a State which processes child 
                support and parentage cases administratively, as 
                opposed to the feasibility of implementing such a 
                benefit in a State which processes such cases only 
                judicially or quasi-judicially.
                    (B) Allowance of good cause exceptions.--The 
                effects of prohibiting the provision of a child support 
                assurance benefit with respect to a child unless an 
                order for the support of the child has been established 
                and the caretaker of the child has made a good faith 
                effort to enforce the order, as opposed to allowing 
                good cause exceptions to the prohibition.
                    (C) Timing of benefits.--The effects of providing 
                child support assurance benefits immediately upon the 
                establishment of a child support order, as opposed to 
                providing such benefits only after a period (determined 
                by the Secretary) of nonreceipt of child support. The 
                Secretary may select 1 or more such periods to be 
                tested in different demonstration projects.
                    (D) Relationship of benefits to other income and 
                benefits.--The effects of reducing the amount payable 
                with respect to a child under the State plan approved 
                under part A of title IV of the Social Security Act by 
                a portion (determined by the Secretary) of the child 
                support assurance benefit provided by the State with 
                respect to the child, as opposed to reducing the child 
                support assurance benefit provided by the State with 
                respect to the child by a portion (determined by the 
                Secretary) of the earned income of the family of the 
                child. The Secretary may select 1 or more such portions 
                of benefits or of earned income to be tested in 
                different demonstration projects.
            (5) Priority to be given to projects that include work 
        incentives.--In approving applications to conduct demonstration 
        projects under this subsection, the Secretary shall give 
        priority among otherwise equivalent applications to 
        applications that describe projects that include work 
        incentives for participants.
            (6) Approval of certain applications.--The Secretary shall 
        approve not more than 5 applications to conduct demonstration 
        projects under this subsection which appear likely to 
        contribute significantly to the achievement of the purpose of 
        this subsection.
            (7) Other requirements.--Each State whose application to 
        conduct a demonstration project under this subsection has been 
        approved by the Secretary shall conduct the project in 
        accordance with such regulations as the Secretary may 
        prescribe.
            (8) Funding.--From the sums appropriated to carry out this 
        subsection, the Secretary shall pay to each State whose 
        application to conduct a demonstration project under this 
        subsection has been approved by the Secretary, for each month, 
        an amount equal to--
                    (A) 90 percent of the aggregate amount of the child 
                support assurance benefits paid by the State during the 
                month if, during the month, the project has met such 
                performance goals as the Secretary has established for 
                the project; or
                    (B) 80 percent of such aggregate amount, otherwise.
            (9) Modified priority of distribution of child support 
        collected for children with respect to whom child support 
        assurance benefit is paid.--In lieu of paragraph (1) of section 
        457(e) of the Social Security Act, child support collected from 
        a noncustodial parent of a child with respect to whom a child 
        support assurance benefit is paid under a demonstration project 
        conducted under this subsection shall (subject to section 
        457(d) of such Act) be paid--
                    (A) first to the State, to the extent necessary to 
                reimburse the State for the portion of the benefit not 
                paid from funds provided under paragraph (8) of this 
                subsection; and
                    (B) then to the Federal Government, to the extent 
                necessary to reimburse the Federal Government for the 
                portion of the benefit paid from funds provided under 
                paragraph (8) of this subsection.
            (10) Duration of projects.--
                    (A) In general.--Each State whose application to 
                conduct a demonstration project under this subsection 
                has been approved by the Secretary shall conduct the 
                project for not less than 3 years and not more than 5 
                years.
                    (B) Authority to terminate projects.--The Secretary 
                may terminate a demonstration project conducted under 
                this subsection if the Secretary determines that the 
                project is not being conducted consistent with or 
                satisfactorily under this subsection.
            (11) Evaluations.--Each State which conducts a 
        demonstration project under this subsection shall prepare and 
        submit to the Secretary an interim and a final evaluation of 
        the project with respect to the impact of the project on--
                    (A) the economic and noneconomic well-being of the 
                participants in the project and of the work force 
                generally; and
                    (B) participation in and expenditures under the 
                program of the State under the State plan approved 
                under part A of title IV of the Social Security Act.
            (12) Report to the congress.--Within 1 year after the 
        completion of all demonstration projects conducted under this 
        subsection, the Secretary shall submit to the Committee on Ways 
        and Means of the House of Representatives and the Committee on 
        Finance of the Senate a report that contains a consolidated 
        evaluation of the projects.

SEC. 499DD. CHILDREN'S TRUST FUND.

    (a) Designation of Contributions.--
            (1) In general.--Subchapter A of chapter 61 of the Internal 
        Revenue Code of 1986 (relating to returns and records) is 
        amended by adding at the end thereof the following new part:

           ``PART IX--CONTRIBUTIONS TO CHILDREN'S TRUST FUND

                              ``Sec. 6097. Amounts for Children's Trust 
                                        Fund.

``SEC. 6097. AMOUNTS FOR CHILDREN'S TRUST FUND.

    ``Each taxpayer may include with such taxpayer's return of tax 
imposed by chapter 1 for any taxable year a contribution by the 
taxpayer to the Children's Trust Fund.''.
            (2) Clerical amendment.--The table of parts for subchapter 
        A of chapter 61 of the Internal Revenue Code of 1986 is amended 
        by adding at the end thereof the following new item:

                              ``Part IX--Contributions for Children's 
                                        Trust Fund.''.
            (3) Effective date.--The amendments made by this subsection 
        shall apply to taxable years beginning after December 31, 1992.
    (b) Establishment of Children's Trust Fund.--
            (1) In general.--Subchapter A of chapter 98 of the Internal 
        Revenue Code of 1986 (relating to the trust fund code) is 
        amended by adding at the end thereof the following new section:

``SEC. 9512. CHILDREN'S TRUST FUND.

    ``(a) Creation of Trust Fund.--There is established in the Treasury 
of the United States a trust fund to be known as the `Children's Trust 
Fund', consisting of such amounts as may be appropriated or credited to 
the Trust Fund as provided in this section or section 9602(b).
    ``(b) Transfer to Children's Trust Fund of Amounts Designated.--
There is hereby appropriated to the Children's Trust Fund amounts 
equivalent to the amounts contributed to such Trust Fund under section 
6097.
    ``(c) Expenditures From Trust Fund.--
            ``(1) In general.--Amounts in the Children's Trust Fund 
        shall be available as provided by appropriation Acts for making 
        expenditures for programs regarding child support and the 
        specific mandates described in part D of title IV of the Social 
        Security Act, especially such mandates established by the 
        amendments made by the Interstate Child Support Act of 1993.
            ``(2) Administrative expenses.--Amounts in the Children's 
        Trust Fund shall be available to pay the administrative 
        expenses of the Department of the Treasury directly allocable 
        to--
                    ``(A) modifying the individual income tax return 
                forms to carry out section 6097,
                    ``(B) carrying out this chapter with respect to 
                such Trust Fund, and
                    ``(C) processing amounts received under section 
                6097 and transferring such amounts to such Trust 
                Fund.''.
            (2) Clerical amendment.--The table of sections for 
        subchapter A of chapter 98 of the Internal Revenue Code of 1986 
        is amended by adding at the end thereof the following new item:

                              ``Sec. 9512. Children's Trust Fund.''.

SEC. 499EE. STUDY OF REASONS FOR NONPAYMENT OF CHILD SUPPORT; REPORT.

    (a) Study.--The Comptroller General of the United States shall--
            (1) conduct a study of the causes of delinquency in the 
        payment of child support, including the nonpayment of child 
        support by noncustodial parents and failure of custodial 
        parents to cooperate in the collection of child support; and
            (2) if a sufficient number of studies of this matter are 
        available, review the studies.
    (b) Report to the Congress.--Within 1 year after the date of the 
enactment of this Act, the Comptroller General shall submit to the 
Committee on Ways and Means of the House of Representatives and the 
Committee on Finance of the Senate, and to the Office of Child Support 
Enforcement, a report that contains the results of the study required 
by subsection (a), and a consolidated summary of the studies described 
in subsection (a)(2).

SEC. 499FF. STUDY OF EFFECTIVENESS OF ADMINISTRATIVE PROCESSES; REPORT.

    (a) Study.--The Comptroller General of the United States shall 
conduct a study of the effectiveness of the processing of child support 
and parentage cases in States that use administrative processes as 
compared with States that use judicial or quasi-judicial processes.
    (b) Report to the Congress.--Within 1 year after the date of the 
enactment of this Act, the Comptroller General shall submit to the 
Committee on Ways and Means of the House of Representatives and the 
Committee on Finance of the Senate a report that contains the results 
of the study required by subsection (a).

SEC. 499GG. PUBLICATION OF BEST CHILD SUPPORT PRACTICES.

    (a) Sense of the Congress.--It is the sense of the Congress that 
the Office of Child Support Enforcement should develop a mechanism to 
publicize the best practices of States in the area of child support.
    (b) Compendium of State Child Support Statutes.--The Office of 
Child Support Enforcement shall produce and update the compendium 
entitled ``A Guide To State Child Support And Paternity Laws'', 
published by the National Conference of State Legislatures.

SEC. 499HH. ESTABLISHMENT OF PERMANENT CHILD SUPPORT ADVISORY 
              COMMITTEE.

    (a) In General.--The Office of Child Support Enforcement shall 
establish an advisory committee on child support matters composed of 
Federal and State legislators, State child support officials, and 
representatives of custodial and noncustodial parents.
    (b) Functions.--The advisory committee established pursuant to 
subsection (a) shall--
            (1) provide oversight of the implementation of Federal laws 
        and regulations affecting child support, and the operation of 
        Federal, State, and local child support programs; and
            (2) provide a forum through which child support problems 
        experienced by parents, State agencies, the courts, and the 
        private bar may be identified, and from which recommendations 
        on how to solve such problems may be reported to the Secretary 
        of Health and Human Services and to the Congress.
    (c) Permanency.--Section 14 of the Federal Advisory Committee Act 
(5 U.S.C. App.) shall not apply to the advisory committee established 
pursuant to subsection (a) of this section.

                           PART J--STATE ROLE

SEC. 499II. ADVOCATION OF CHILDREN'S ECONOMIC SECURITY.

    Section 454 (42 U.S.C. 654), as amended by section 499X of this 
Act, is amended--
            (1) by striking ``and'' at the end of paragraph (29);
            (2) by striking the period at the end of paragraph (30) and 
        inserting ``; and''; and
            (3) by inserting after paragraph (30) the following:
            ``(31) provide that the agency administering the plan shall 
        advocate to promote the greatest economic security possible for 
        children, consistent with the ability of any individual who 
        owes child support with respect to the child to provide the 
        support.''.

SEC. 499JJ. DUTIES OF STATE CHILD SUPPORT AGENCIES.

    Section 454 (42 U.S.C. 654), as amended by section 499II of this 
Act, is amended--
            (1) by striking ``and'' at the end of paragraph (30);
            (2) by striking the period at the end of paragraph (31) and 
        inserting ``; and''; and
            (3) by inserting after paragraph (31) the following:
            ``(32) provide that the agency administering the plan shall 
        provide to each custodial parent--
                    ``(A) a written description of the services 
                available under the plan, and a statement describing 
                the priorities applied in distributing collected child 
                support and the rules governing confidentiality of 
                information in child support matters;
                    ``(B) a statement that at least 30 days before the 
                agency consents to the dismissal of a child support 
                case with prejudice or a reduction of arrearages, the 
                agency must provide notice to the custodial parent at 
                the last known address of the custodial parent;
                    ``(C) written quarterly reports on the status of 
                any case involving the custodial parent;
                    ``(D) a statement that the State is required to 
                provide services under the plan to any custodial parent 
                who is eligible for aid under the State plan approved 
                under part A; and
                    ``(E) a statement that any custodial parent who 
                applies for services under the plan is eligible for 
                such services, and that any application fee for such 
                services is deferred pending determination of the 
                eligibility of the custodial parent for aid under the 
                State plan approved under part A.''.

SEC. 499KK. SENSE OF THE CONGRESS REGARDING QUALITY OF AND 
              ACCESSIBILITY TO CHILD SUPPORT SERVICES.

    It is the sense of the Congress that--
            (1) States should work closely with parents to improve the 
        quality of child support services; and
            (2) State and local child support enforcement agencies 
        should have--
                    (A) offices in easily accessible locations near 
                public transportation;
                    (B) office hours that allow parents to meet with 
                attorneys and caseworkers without having to take time 
                off from work; and
                    (C) office environments conducive to private 
                discussion of legal and personal matters, such as in 
                individual interview rooms and child care facilities.

SEC. 499LL. ADMINISTRATIVE PROCESS FOR CHANGE OF PAYEE IN IV-D CASES.

    Section 466(a) (42 U.S.C. 666(a)), as amended by section 499S of 
this Act, is amended by inserting after paragraph (37) the following:
            ``(38) Procedures under which only administrative 
        procedures are required to change the payee under a child 
        support order in a case under this part, if a statement by an 
        official of the State child support enforcement agency is 
        included in the court or administrative file documenting the 
        change.''.

SEC. 499MM. SENSE OF THE CONGRESS SUPPORTING USE OF ADMINISTRATIVE 
              PROCEDURES IN CHILD SUPPORT CASES.

    It is the sense of the Congress that each State should establish 
administrative procedures to process child support cases.

SEC. 499NN. SENSE OF THE CONGRESS SUPPORTING ESTABLISHMENT OF STATE 
              CHILD SUPPORT COUNCILS.

    It is the sense of the Congress that each State should establish a 
child support council, composed of members from all over the State, 
to--
            (1) review State laws on child support and paternity;
            (2) recommend improvements in child support and paternity 
        programs and in such laws; and
            (3) serve as a public forum for custodial and noncustodial 
        parents on matters related to child support and paternity.

            PART K--JOBS FOR UNEMPLOYED NONCUSTODIAL PARENTS

SEC. 499OO. PARENTS FAIR SHARE DEMONSTRATION PROJECTS.

    (a) Sense of the Congress.--It is the sense of the Congress that 
any program established by the Federal Government to provide jobs for 
noncustodial parents should be administered so as not to adversely 
affect any Federal program for custodial parents, either directly or 
through competition for available funds.
    (b) Evaluation of Projects; Report to the Congress; Conditional 
Authority to Conduct Additional and More Extensive Projects.--Upon 
receiving the evaluations required to be provided pursuant to section 
482(d)(3) of the Social Security Act, the Secretary of Health and Human 
Services shall transmit the evaluations to the Secretary of Labor who 
shall--
            (1) study the evaluations;
            (2) within 12 months after receipt of the evaluations, 
        submit to the Committee on Ways and Means of the House of 
        Representatives and the Committee on Finance of the Senate a 
        consolidated report on the activities evaluated; and
            (3)(A) if the evaluations are sufficient to permit the 
        Secretary to make recommendations with respect to the 
        activities evaluated, include such recommendations in the 
        report required by paragraph (2) of this subsection; or
            (B) if the evaluations are inconclusive, authorize States 
        to provide services, under programs established under section 
        402(a)(19) and part F of title IV of such Act, on a voluntary 
        or mandatory basis, to noncustodial parents who are unemployed 
        and unable to meet their child support obligations, of greater 
        scope and for a greater duration than the services provided 
        under section 482(d)(3) of such Act, in accordance with 
        regulations prescribed by the Secretary of Labor.

                         PART L--EFFECTIVE DATE

SEC. 499PP. EFFECTIVE DATE.

    Except as otherwise provided in this Act, this Act and the 
amendments made by this Act shall take effect on January 1, 1995.

       PART M--CHILD SUPPORT ENFORCEMENT IMPROVEMENTS ACT OF 1993

SEC. 499QQ. SHORT TITLE.

    This part may be cited as the ``Child Support Enforcement 
Improvements Act of 1993''.

SEC. 499RR. 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. 499SS. ACCESS TO AND USE OF CONSUMER REPORTS 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:
            ``(4) To a State child support enforcement agency that is 
        seeking to establish, modify, or enforce a child support 
        obligation against the consumer, if--
                    ``(A) the paternity of the consumer for the child 
                to which the obligation relates has been established or 
                acknowledged by the consumer in accordance with State 
                laws under which the obligation arises (if required by 
                those laws); and
                    ``(B) the State child support enforcement agency--
                            ``(i) before obtaining the consumer report, 
                        provides written notice to the consumer that 
                        the State agency intends to obtain a consumer 
                        report on the consumer; and
                            ``(ii) certifies to the consumer reporting 
                        agency that--
                                    ``(I) the requirement in 
                                subparagraph (A) has been fulfilled (if 
                                applicable); and
                                    ``(II) the notice required by 
                                clause (i) has been provided.''.
    (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. 499TT. HEALTH CARE SUPPORT.

    (a) Inclusion in Child Support Orders.--
            (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) Not later than the beginning of the 9th calendar 
        month that begins after the date the Secretary prescribes final 
        regulations as provided for in section 467(d)(2):
                    ``(A) Procedures which require any child support 
                order, issued or modified by a court or administrative 
                agency of the State on or after the effective date of 
                guidelines established by the State under section 
                467(d), to provide for coverage of the health care 
                costs of the child in accordance with such guidelines.
                    ``(B) Procedures which require the expedited 
                consideration and disposition of any allegation of 
                noncompliance with an obligation to cover the health 
                care costs of a child imposed under a child support 
                order issued or modified in the State.''.
            (2) State guidelines.--Section 467 of such Act (42 U.S.C. 
        667) is amended by adding at the end the following:
    ``(d)(1) Not later than the beginning of the 9th calendar month 
that begins after the date the Secretary prescribes final regulations 
in accordance with paragraph (2), each State, as a condition for having 
its State plan approved under this part, must establish guidelines for 
the coverage of the health care costs of children pursuant to child 
support orders issued or modified in the State, which guidelines shall 
create a streamlined process that meets the minimum standards 
established by the Secretary in such regulations.
    ``(2)(A) The Secretary shall promulgate regulations which set forth 
minimum standards that any set of guidelines established pursuant to 
paragraph (1) must meet in providing for the coverage of the health 
care costs of children pursuant to child support orders issued or 
modified in the State, including--
            ``(i) the contents of such an order with respect to the 
        coverage of such costs;
            ``(ii) the distribution of responsibility for such costs;
            ``(iii) to the extent that such costs are to be covered 
        through health insurance--
                    ``(I) the provision of such insurance;
                    ``(II) the payment of insurance claims; and
                    ``(III) the rights of the noncustodial parent and 
                the custodial parent to insurance information;
            ``(iv) the circumstances under which a provider of health 
        insurance may or may not deny coverage to a child who is the 
        subject of such an order;
            ``(v) penalties to be imposed on providers of health 
        insurance who fail to comply with the guidelines; and
            ``(vi) how changes in the circumstances of the noncustodial 
        parent and the custodial parent are to be taken into account 
        with respect to the coverage of such costs.
    ``(B) In developing such standards, the Secretary shall ensure 
that, in establishing guidelines pursuant to paragraph (1), the State 
considers the following matters in the following order of importance:
            ``(i) The best interests of the child.
            ``(ii) The financial and other circumstances of the parents 
        of the child.
            ``(iii) Cost-effectiveness.
    ``(3) The preceding subsections of this section shall apply in like 
manner to the guidelines established pursuant to this subsection.''.
            (3) Regulations.--
                    (A) Proposed regulations.--Within 9 months after 
                the date of the enactment of this Act, the Secretary of 
                Health and Human Services shall issue proposed 
                regulations to implement the amendments made by this 
                subsection.
                    (B) Final regulations.--Within 14 months after the 
                date of the enactment of this Act, the Secretary of 
                Health and Human Services shall issue final regulations 
                to implement the amendments made by this subsection.
    (b) Inclusion in Incentive Payments Program of Dependent Health 
Insurance Provided Due to Successful Enforcement.--
            (1) In general.--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) For purposes of this section, the successful enforcement 
by the State of a provision of a support order requiring an absent 
parent to obtain health insurance 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.
    ``(B) The amount of support collected in any case in which the 
State successfully enforces a provision of a support order requiring an 
absent parent to obtain health insurance for 1 or more children shall 
be the savings to the State from the provision of such health insurance 
to such children, as determined in accordance with a health insurance 
savings methodology adopted by the State in accordance with regulations 
prescribed by the Secretary.''.
            (2) 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 implement the amendment made by paragraph (1).
            (3) Study; report.--
                    (A) Study.--The Secretary of Health and Human 
                Services shall conduct a study to determine the 
                incentives that should be provided to encourage States 
                to enforce obligations of noncustodial parents to pay 
                (and obtain medical insurance coverage with respect to) 
                the reasonable and necessary health and dental expenses 
                of the children to whom the noncustodial parents owe 
                such obligations.
                    (B) Report.--Not later than 12 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 subparagraph (A).

SEC. 499UU. 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. 499VV. 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. 499WW. 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) The Secretary shall expand the Parent Locator Service to 
establish a national network based on the comprehensive statewide child 
support enforcement systems developed by the States, to--
            ``(1) allow each State to--
                    ``(A) locate any absent parent who owes child 
                support, for whom a child support obligation is being 
                established, or for whom an order for visitation is 
                being enforced, by--
                            ``(i) accessing the records of other State 
                        agencies and sources of locate information 
                        directly from one computer system to another; 
                        and
                            ``(ii) accessing Federal sources of locate 
                        information in the same fashion;
                    ``(B) access the files of other States to determine 
                whether there are other child support orders involving 
                the same absent parent, and obtain the details of any 
                such order;
                    ``(C) provide for both on-line and batch processing 
                of locate requests, with on-line access restricted to 
                cases in which the information is needed immediately 
                (for such reasons as court appearances) and batch 
                processing used to `troll' data bases to locate 
                individuals or update information periodically; and
                    ``(D) direct locate requests to individual States 
                or Federal agencies, broadcast requests to selected 
                States, or broadcast cases to all States when there is 
                no indication of the source of needed information;
            ``(2) provide for a maximum of 48-hour turnaround time for 
        information to be broadcast and returned to a requesting State; 
        and
            ``(3) provide ready access to courts of the information on 
        the network by location of a computer terminal in each 
        court.''.

    PART N--REPORTING DELINQUENT PARENTS TO CONSUMER CREDIT AGENCIES

SEC. 499XX. INCLUSION IN CONSUMER CREDIT REPORTS OF INFORMATION ON 
              OVERDUE CHILD SUPPORT OBLIGATIONS OF THE CONSUMER.

    (a) Provision to Consumer Reporting Agencies of Information on 
Overdue Child Support Obligations of Absent Parents.--Section 466(a)(7) 
of the Social Security Act (42 U.S.C. 666(a)(7)) is amended--
            (1) by striking ``will'' and inserting ``shall'';
            (2) by striking ``upon the request of such agency'';
            (3) by striking ``, and (C)'' and all that follows through 
        ``State''; and
            (4) by striking ``minor'' from 466(e) and deleting ``at the 
        option'' and all that follows through the word ``section.''
    (b) Effective Date.--The amendments made by this section shall take 
effect on the 1st day of the 1st calendar quarter that begins on or 
after the date of the enactment of this Act.

                       Subtitle B--Pension Reform

SEC. 501. SHORT TITLE.

    This subtitle may be cited as the ``Pension Reform Act of 1993''.

SEC. 502. PENSION INTEGRATION RULES.

    (a) Applicability of New Integration Rules Extended to All Existing 
Accrued Benefits.--Notwithstanding 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) (100 Stat. 2440), 
effective for plan years beginning after the date of the enactment of 
this Act, the amendments made by subsection (a) of such section 1111 
shall also apply to benefits attributable to plan years beginning on or 
before December 31, 1988.
    (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, 1993.
    (c) Eventual Repeal of Integration Rules.--Effective for plan years 
beginning on or after January 1, 2002--
            (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 (l) of section 401 of such Code (relating to 
        nondiscriminatory coordination of defined contribution plans 
        with OASDI) is repealed.

SEC. 503. 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. 504. 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. 505. DIVISION OF PENSION BENEFITS UPON DIVORCE.

    (a) Amendments to the Internal Revenue Code of 1986.--
            (1) In general.--Subsection (a) of section 401 of the 
        Internal Revenue Code of 1986 (relating to requirements for 
        qualification) is amended--
                    (A) by inserting after paragraph (31) the following 
                new paragraph:
            ``(32) Division of pension benefits upon divorce.--
                    ``(A) In general.--In the case of a divorce of a 
                participant in a pension plan from a spouse who is, 
                immediately before the divorce, a beneficiary under the 
                plan, a trust forming a part of such plan shall not 
                constitute a qualified trust under this section unless 
                the plan provides that at least 50 percent of the 
                marital share of the accrued benefit of the participant 
                under the plan ceases to be an accrued benefit of such 
                participant and becomes an accrued benefit of such 
                divorced spouse, determined and payable upon the 
                earlier of the retirement of the participant, the 
                participant's death, or the termination of the plan, 
                except to the extent that a qualified domestic 
                relations order in connection with such divorce 
                provides otherwise.
                    ``(B) Limitation.--Subparagraph (A) shall not be 
                construed--
                            ``(i) to require a plan to provide any type 
                        or form of benefit, or any option, not 
                        otherwise provided under the plan,
                            ``(ii) to require the plan to provide 
                        increased benefits (determined on the basis of 
                        actuarial value),
                            ``(iii) to require the payment of benefits 
                        to the divorced spouse which are required to be 
                        paid to another individual in accordance with 
                        this paragraph or pursuant to a domestic 
                        relations order previously determined to be a 
                        qualified domestic relations order, or
                            ``(iv) to require payment of benefits to 
                        the divorced spouse in the form of a qualified 
                        joint and survivor annuity to the divorced 
                        spouse and his or her subsequent spouse.
                    ``(C) Definitions.--For purposes of this 
                paragraph--
                            ``(i) Domestic relations order; qualified 
                        domestic relations order.--The terms `domestic 
                        relations order' and `qualified domestic 
                        relations order' shall have the meanings 
                        provided in section 414(p).
                            ``(ii) Marital share.--The term `marital 
                        share' means, in connection with an accrued 
                        benefit under a pension plan, the product 
                        derived by multiplying--
                                    ``(I) the actuarial present value 
                                of the accrued benefit, by
                                    ``(II) a fraction, 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 the 
                                denominator of which is the total 
                                period of time which constitutes 
                                creditable service by the participant 
                                under the plan.
                            ``(iii) Qualified joint and survivor 
                        annuity.--The term `qualified joint and 
                        survivor annuity' has the meaning provided in 
                        section 417(b).
                    ``(D) Regulations.--In prescribing regulations 
                under this paragraph, the Secretary shall consult with 
                the Secretary of Labor.''; and
                    (B) in the last sentence, by striking ``and (20)'' 
                and inserting ``(20), and (32)''.
            (2) Conforming amendments.--
                    (A) Subparagraph (B) of section 401(a)(13) of such 
                Code (relating to special rules for domestic relations 
                orders) is amended by inserting ``or if such creation, 
                assignment, or recognition pursuant to such order is 
                necessary for compliance with the requirements of 
                paragraph (32)'' before the period.
                    (B) Subsection (p) of section 414 of such Code 
                (defining qualified domestic relations orders) is 
                amended--
                            (i) in paragraph (3)(C), by inserting ``or 
                        to a divorced spouse of the participant in 
                        connection with a previously occurring divorce 
                        as required under section 401(a)(32)'' before 
                        the period; and
                            (ii) in paragraph (7)(C), by striking ``if 
                        there had been no order'' and inserting ``in 
                        accordance with section 401(a)(32) as if there 
                        had been no qualified domestic relations 
                        order''.
    (b) Amendments to the Employee Retirement Income Security Act of 
1974.--
            (1) In general.--Section 206 of Employee Retirement Income 
        Security Act of 1974 (29 U.S.C. 1056) is amended by adding at 
        the end the following new subsection:
    ``(e)(1) In the case of a divorce of a participant in a pension 
plan from a spouse who is, immediately before the divorce, a 
beneficiary under the plan, the plan shall provide that at least 50 
percent of the marital share of the accrued benefit of the participant 
under the plan ceases to be an accrued benefit of such participant and 
becomes an accrued benefit of such divorced spouse, determined and 
payable upon the earlier of the retirement of the participant, the 
participant's death, or the termination of the plan, except to the 
extent that a qualified domestic relations order in connection with 
such divorce provides otherwise.
    ``(2) Paragraph (1) shall not be construed--
            ``(A) to require a plan to provide any type or form of 
        benefit, or any option, not otherwise provided under the plan,
            ``(B) to require the plan to provide increased benefits 
        (determined on the basis of actuarial value),
            ``(C) to require the payment of benefits to the divorced 
        spouse which are required to be paid to another individual in 
        accordance with this subsection or pursuant to a domestic 
        relation order previously determined to be a qualified domestic 
        relations order, or
            ``(D) to require payment of benefits to the divorced spouse 
        in the form of a joint and survivor annuity to the divorced 
        spouse and his or her subsequent spouse.
    ``(3) For purposes of this subsection--
            ``(A) The terms `domestic relations order' and `qualified 
        domestic relations order' shall have the meanings provided in 
        subsection (d)(3)(B).
            ``(B) The term `marital share' means, in connection with an 
        accrued benefit under a pension plan, the product derived by 
        multiplying--
                    ``(i) the actuarial present value of the accrued 
                benefit, by
                    ``(ii) 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.
            ``(C) The term `qualified joint and survivor annuity' shall 
        have the meaning provided in section 205(d).
    ``(4) In prescribing regulations under this subsection, the 
Secretary shall consult with the Secretary of the Treasury.''.
            (2) Conforming amendments.--Section 206(d) of such Act (29 
        U.S.C. 1056(d)) is amended--
                    (A) in the first sentence of paragraph (3), by 
                inserting ``or if such creation, assignment, or 
                recognition pursuant to such order is necessary for 
                compliance with the requirements of subsection (e)'' 
                before the period;
                    (B) in paragraph (3)(D)(iii), by inserting ``or to 
                a divorced spouse of the participant in connection with 
                a previously occurring divorce as required under 
                subsection (e)'' before the period; and
                    (C) in paragraph (3)(H)(iii), by striking ``if 
                there had been no order'' and inserting ``in accordance 
                with subsection (e) as if there had been no qualified 
                domestic relations order''.

SEC. 506. EFFECTIVE DATES.

    (a) In General.--Except as provided in subsection (b), the 
amendments made by this Act, other than section 502, shall apply with 
respect to plan years beginning on or after January 1, 1994, and the 
amendments made by section 505 shall apply only with respect to 
divorces becoming final in such plan years.
    (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, 1994'' the date 
of the commencement of the first plan year beginning on or after the 
earlier of--
            (1) the later of--
                    (A) January 1, 1994, 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, 1996.
    (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, 1994, 
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. 507. 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. 508. 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. 509. 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 C--Social Security Reform

SEC. 601. SHORT TITLE.

    This subtitle may be cited as the ``Social Security Caregiver Act 
of 1993''.

SEC. 602. 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 5) 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 1993, 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 1992 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 subparagraph.
    ``(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. 603. EFFECTIVE DATE AND RELATED PROVISIONS.

    (a) In General.--The amendments made by this Act shall apply only 
with respect to computation base years after 1982, and only with 
respect to benefits payable for months after December 1993.
    (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).

SEC. 604. REPEAL OF 7-YEAR RESTRICTION ON ELIGIBILITY FOR WIDOW'S AND 
              WIDOWER'S INSURANCE BENEFITS BASED ON DISABILITY.

    (a) Widow's Insurance Benefits.--
            (1) In general.--Section 202(e) of the Social Security Act 
        (42 U.S.C. 402(e)) is amended--
                    (A) in paragraph (1)(B)(ii), by striking ``which 
                began before the end of the period specified in 
                paragraph (4)'';
                    (B) in paragraph (1)(F)(ii), by striking ``(I) in 
                the period specified in paragraph (4) and (II)'';
                    (C) by striking paragraph (4) and by redesignating 
                paragraphs (5) through (9) as paragraphs (4) through 
                (8), respectively; and
                    (D) in paragraph (4)(A)(ii) (as redesignated), by 
                striking ``whichever'' and all that follows through 
                ``begins'' and inserting ``the first day of the 
                seventeenth month before the month in which her 
                application is filed''.
            (2) Conforming amendments.--
                    (A) Section 202(e)(1)(F)(i) of such Act (42 U.S.C. 
                402(e)(1)(F)(i)) is amended by striking ``paragraph 
                (5)'' and inserting ``paragraph (4)''.
                    (B) Section 202(e)(1)(C)(ii)(III) of such Act (42 
                U.S.C. 402(e)(2)(C)(ii)(III)) is amended by striking 
                ``paragraph (8)'' and inserting ``paragraph (7)''.
                    (C) Section 202(e)(2)(A) of such Act (42 U.S.C. 
                402(e)(2)(A)) is amended by striking ``paragraph (7)'' 
                and inserting ``paragraph (6)''.
                    (D) Section 226(e)(1)(A)(i) of such Act (42 U.S.C. 
                426(e)(1)(A)(i)) is amended by striking ``202(e)(4)''.
    (b) Widower's Insurance Benefits.--
            (1) In general.--Section 202(f) of such Act (42 U.S.C. 
        402(f)) is amended--
                    (A) in paragraph (1)(B)(ii), by striking ``which 
                began before the end of the period specified in 
                paragraph (5)'';
                    (B) in paragraph (1)(F)(ii), by striking ``(I) in 
                the period specified in paragraph (5) and (II)'';
                    (C) by striking paragraph (5) and by redesignating 
                paragraphs (6) through (9) as paragraphs (5) through 
                (8), respectively; and
                    (D) in paragraph (5)(A)(ii) (as redesignated), by 
                striking ``whichever'' and all that follows through 
                ``begins'' and inserting ``the first day of the 
                seventeenth month before the month in which his 
                application is filed''.
            (2) Conforming amendments.--
                    (A) Section 202(f)(1)(F)(i) of such Act (42 U.S.C. 
                402(f)(1)(F)(i)) is amended by striking ``paragraph 
                (6)'' and inserting ``paragraph (5)''.
                    (B) Section 202(f)(1)(C)(ii)(III) of such Act (42 
                U.S.C. 402(f)(2)(C)(ii)(III)) is amended by striking 
                ``paragraph (8)'' and inserting ``paragraph (7)''.
                    (C) Section 226(e)(1)(A)(i) of such Act (as amended 
                by subsection (a)(2)) is further amended by striking 
                ``, 202(f)(1)(B)(2), and 202(f)(5)'' and inserting 
                ``and 202(f)(1)(B)(2)''.
    (c) Effective Date.--The amendments made by this section shall 
apply with respect to benefits for months after December 1993 for which 
applications are filed or pending on or after January 1, 1994.

SEC. 605. FULL BENEFITS FOR DISABLED WIDOWS AND WIDOWERS WITHOUT REGARD 
              TO AGE.

    (a) Eligibility for Widow's Insurance Benefits.--Section 202(e) of 
the Social Security Act (42 U.S.C. 402(e)) is amended--
            (1) in paragraph (1)(B), by striking ``has attained age 50 
        but has not attained age 60 and'';
            (2) in paragraph (3)(A), by striking ``after attaining age 
        50 if she was entitled before such marriage occurred'' and 
        inserting ``after having been entitled''; and
            (3) in paragraph (3)(B), by striking ``after attaining age 
        50''.
    (b) Eligibility of Widower's Insurance Benefits.--Section 202(f) of 
such Act (42 U.S.C. 402(f)) is amended--
            (1) in paragraph (1)(B), by striking ``has attained age 50 
        but has not attained age 60 and'';
            (2) in paragraph (3)(A), by striking ``after attaining age 
        50 if he was entitled before such marriage occurred'' and 
        inserting ``after having been entitled''; and
            (3) in paragraph (3)(B), by striking ``after attaining age 
        50''.

SEC. 606. EXEMPTION FROM REDUCTIONS IN BENEFITS.

    Section 202(q) of the Social Security Act (42 U.S.C. 402(q)) is 
amended--
            (1) in paragraph (3)(A), by striking ``age 50'' and 
        inserting ``age 60''; and
            (2) by adding at the end the following new paragraph:
    ``(12) Notwithstanding any other provision of this section, there 
shall be no reduction under this subsection in the widow's or widower's 
insurance benefit of an individual for any month in which such 
individual is under a disability (as defined in section 223(d)); and 
none of the provisions of this subsection shall apply with respect to 
such benefit even though such benefit may have been so reduced prior to 
the onset of such disability.''.

SEC. 607. EFFECTIVE DATE AND REDETERMINATION OF BENEFITS.

    The amendments made by this Act shall apply with respect to monthly 
insurance benefits payable under title II of the Social Security Act 
for months after the month in which this Act is enacted. The Secretary 
of Health and Human Services (without the necessity of any application 
therefor) shall redetermine the amount of any widow's or widower's 
insurance benefit which is payable for the month in which this Act is 
enacted in order to reflect such amendments as provided in the 
preceding sentence.

             Subtitle D--Former Military Spouses Protection

SEC. 701. 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 E--Unremunerated Work Act

SEC. 801. SHORT TITLE.

    This subtitle may be cited as the ``Unremunerated Work Act of 
1993''.

SEC. 802. FINDINGS.

    The Congress finds the following:
            (1) Women perform \2/3\ of the work in the world relating 
        to the production of goods and services.
            (2) The United Nations General Assembly in 1985 adopted a 
        resolution which included part of the Forward Looking 
        Strategies for the Advancement of Women, which states that 
        ``the remunerated and, in particular, the unremunerated 
        contributions of women to all aspects and sectors of 
        development should be recognized, and appropriate efforts 
        should be made to measure and reflect these contributions in 
        national accounts and economic statistics and in the gross 
        national product''.
            (3) The resolution also states that ``concrete steps should 
        be taken to quantify the unremunerated contribution of women to 
        agriculture, food production, reproduction, and household 
        activities''.
            (4) The unremunerated contribution by women to the economy 
        of the United States should be recognized.

SEC. 803. CALCULATION OF MONETARY VALUE OF UNREMUNERATED WORK.

    (a) Time Use Surveys of Unremunerated Work.--The Commissioner of 
the Bureau of Labor Statistics shall periodically conduct time use 
surveys of unremunerated work performed in the United States, including 
household work, work related to child care and other care services, 
agricultural work, work related to food production, work related to 
family businesses, and volunteer work.
    (b) Monetary Value of Unremunerated Work.--On the basis of the time 
use surveys of unremunerated work conducted under subsection (a), the 
Commissioner shall calculate the monetary value of such unremunerated 
work. Separate monetary values shall be calculated for men and women.
    (c) Inclusion in Gross National Product.--Beginning three years 
after the date of the enactment of this Act, the monetary value of the 
unremunerated work calculated pursuant to subsection (b) shall be 
included in statistics used to determine the annual gross national 
product of the United States.
    (d) Method of Calculation.--Not later than 90 days after the date 
of the enactment of this Act, the Commissioner shall submit a report to 
the Congress describing the method by which the Commissioner will 
conduct time use surveys of unremunerated work performed in the United 
States and calculate the monetary value of such unremunerated work.

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