165 
(referred to in this subsection as ‘competitive 
foods’). 
‘‘(2) REGULATIONS.—The regulations promul-
gated under paragraph (1)— 
‘‘(A) shall apply to all school grounds dur-
ing the duration of the school day; 
‘‘(B) shall not supersede or otherwise af-
fect State and local regulations on competitive 
foods that, as determined by the Secretary, con-
form to the nutritional goals of the regulations 
promulgated by the Secretary; 
‘‘(C) shall require that the proceeds from 
the sale of competitive foods in schools be used 
for the benefit of the schools or of organizations 
of students approved by the schools, if those 
sales are allowed by the regulations; 
‘‘(D) shall take into account the differing 
needs of— 
‘‘(i) elementary schools; 
‘‘(ii) middle schools and junior high 
schools; and 
‘‘(iii) high schools; and 
‘‘(E) shall implement the recommendations 
of the Institute of Medicine made under para-
graph (3). 
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‘‘(3) INSTITUTE OF MEDICINE RECOMMENDA-
TIONS.— 
‘‘(A) IN GENERAL.—The Secretary of Ag-
riculture shall offer to enter into an agreement 
with the Institute of Medicine of the National 
Academy of Sciences under which the Institute 
of Medicine, based on sound nutritional science, 
shall make recommendations to the Secretary 
regarding the regulation of competitive foods 
(as defined in section 10(b)(1) of the Child Nu-
trition Act of 1966). 
‘‘(B) REGULATIONS.—Not later than 1 
year after the date of receipt of final rec-
ommendations from the Institute of Medicine, 
the Secretary shall promulgate regulations to 
carry out section 10(b) of the Child Nutrition 
Act of 1966 in accordance with the rec-
ommendations of the Institute of Medicine. 
‘‘(C) REPORT.—Not later than 1 year 
after the date of receipt of final recommenda-
tions from the Institute of Medicine, the Sec-
retary shall submit to the Committee on Edu-
cation and the Workforce of the House of Rep-
resentatives and the Committee on Agriculture, 
Nutrition, and Forestry of the Senate a report 
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167 
that describes the actions of the Secretary 
under subparagraph (B).’’. 
Subtitle D—Child and Adult Care 
Food Program 
SEC. 331. REIMBURSEMENTS FOR AFTERSCHOOL DINNERS. 
Section 17(r) of the Richard B. Russell National 
School Lunch Act (42 U.S.C. 1766(r)) is amended by 
striking paragraph (5). 
Subtitle E—Afterschool Education 
Enhancement Act 
SEC. 341. SHORT TITLE. 
This subtitle may be cited as the ‘‘Afterschool Edu-
cation Enhancement Act’’. 
SEC. 342. AMENDMENTS REGARDING 21ST CENTURY COM-
MUNITY LEARNING CENTERS. 
Part B of title IV of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 7171 et seq.) is amend-
ed— 
(1) in subsection (a) of section 4203— 
(A) by striking paragraph (3); and 
(B) 
by 
redesignating 
paragraphs 
(4) 
through (14) as paragraphs (3) through (13), 
respectively; and 
(2) in section 4204— 
(A) in paragraph (2) of subsection (b)— 
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(i) by striking subparagraph (F); and 
(ii) by redesignating subparagraphs 
(G) through (N) as subparagraphs (F) 
through (M), respectively; and 
(B) by amending paragraph (1) of sub-
section (i) to read as follows: 
‘‘(1) IN GENERAL.—In awarding grants under 
this part, a State educational agency shall give pri-
ority to applications submitted jointly by eligible en-
tities consisting of not less than— 
‘‘(A) 1 local educational agency receiving 
funds under part A of title I; and 
‘‘(B) 1 community-based organization or 
other public or private entity.’’. 
TITLE IV—IMPROVING THE 
WORKPLACE FOR FAMILIES 
Subtitle A—Part-Time and 
Temporary Workers Benefits 
SEC. 401. TREATMENT OF EMPLOYEES WORKING AT LESS 
THAN FULL-TIME UNDER PARTICIPATION, 
VESTING, AND ACCRUAL RULES GOVERNING 
PENSION PLANS. 
(a) PARTICIPATION RULES.— 
(1) IN
GENERAL.—Section 202(a)(3) of the 
Employee Retirement Income Security Act of 1974 
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169 
(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 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 accord-
ance with such regulations as the Secretary may prescribe 
providing for consideration of facts and circumstances pe-
culiar to the work-force constituting the participants in 
such plan.’’. 
(2) 
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 
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170 
inserting ‘‘subparagraphs (A) and (E) of section 
202(a)(3)’’. 
(b) VESTING RULES.— 
(1) 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 accord-
ance with such regulations as the Secretary may prescribe 
providing for consideration of facts and circumstances pe-
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171 
culiar to the work-force constituting the participants in 
such plan.’’. 
(2) 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 accord-
ance with such regulations as the Secretary may prescribe 
providing for consideration of facts and circumstances pe-
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culiar to the work-force constituting the participants in 
such plan.’’. 
(c) ACCRUAL RULES.—Section 204(b)(4)(C) of such 
Act (29 U.S.C. 1054(b)(4)(C)) is amended— 
(1) by inserting ‘‘(i)’’ after ‘‘(C)’’; and 
(2) 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 deter-
mined with respect to each pension plan in accordance 
with such regulations as the Secretary may prescribe pro-
viding for consideration of facts and circumstances pecu-
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liar to the work-force constituting the participants in such 
plan.’’. 
SEC. 402. TREATMENT OF EMPLOYEES WORKING AT LESS 
THAN FULL-TIME UNDER GROUP HEALTH 
PLANS. 
(a) IN GENERAL.—Part 2 of subtitle B of title I of 
the Employee Retirement Income Security Act of 1974 is 
amended— 
(1) by redesignating section 211 (29 U.S.C. 
1061) as section 212; and 
(2) by inserting after section 210 (29 U.S.C. 
1060) the following new section: 
‘‘SEC. 211. TREATMENT OF PART-TIME WORKERS UNDER 
GROUP HEALTH PLANS. 
‘‘(a) IN GENERAL.—A reduction in the employer-pro-
vided 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 per-
mitted 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 
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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 para-
graph (1), whether employment in any type of posi-
tion customarily constitutes less than 30 hours of 
service per week shall be determined with respect to 
each group health plan in accordance with such reg-
ulations 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— 
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‘‘(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 cov-
erage which is attributable under the plan to 
employer contributions. 
‘‘(B) APPLICABLE
PREMIUM.—For pur-
poses of subparagraph (A), in determining the 
applicable premium of a group health plan, 
principles similar to the principles applicable 
under section 604 shall apply.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) Section 201(1) of such Act (29 U.S.C. 
1051(1)) is amended by inserting ‘‘, except with re-
spect to section 211’’ before the semicolon. 
(2) The table of contents in section 1 of such 
Act is amended by striking the item relating to sec-
tion 211 and inserting the following new items: 
‘‘211. Treatment of part-time workers under group health plans. 
‘‘212. Effective date.’’. 
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176 
SEC. 403. EXPANSION OF DEFINITION OF EMPLOYEE TO IN-
CLUDE CERTAIN INDIVIDUALS WHOSE SERV-
ICES ARE LEASED OR CONTRACTED FOR. 
Paragraph (6) of section 3 of the Employee Retire-
ment Income Security Act of 1974 (29 U.S.C. 1002(6)) 
is amended— 
(1) by inserting ‘‘(A)’’ after ‘‘(6)’’; and 
(2) by adding at the end the following new sub-
paragraph: 
‘‘(B) Such term includes, with respect to any em-
ployer, 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 em-
ployer 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 per-
formed, in the business field of the employer, by em-
ployees (within the meaning of subparagraph (A)).’’. 
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SEC. 404. EFFECTIVE DATES. 
(a) IN GENERAL.—Except as provided in subsection 
(b), the amendments made by this subtitle shall apply with 
respect to plan years beginning on or after January 1, 
2007. 
(b) SPECIAL RULE FOR COLLECTIVELY BARGAINED 
PLANS.—In the case of a plan maintained pursuant to 1 
or more collective bargaining agreements between em-
ployee representatives and 1 or more employers ratified 
on or before the date of the enactment of this Act, sub-
section (a) shall be applied to benefits pursuant to, and 
individuals covered by, any such agreement by substituting 
for ‘‘January 1, 2007’’ the date of the commencement of 
the first plan year beginning on or after the earlier of— 
(1) the later of— 
(A) January 1, 2007, or 
(B) the date on which the last of such col-
lective bargaining agreements terminates (de-
termined without regard to any extension there-
of after the date of the enactment of this Act), 
or 
(2) January 1, 2009. 
(c) PLAN AMENDMENTS.—If any amendment made 
by this subtitle requires an amendment to any plan, such 
plan amendment shall not be required to be made before 
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the first plan year beginning on or after January 1, 2007, 
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 
subtitle, and 
(2) such plan amendment applies retroactively 
to the period after such amendment made by this 
subtitle 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 be-
cause it operates in accordance with this subsection. 
Subtitle B—United States Business 
Telework Act 
SEC. 411. SHORT TITLE. 
This subtitle may be cited as the ‘‘United States 
Business Telework Act’’. 
SEC. 412. TELEWORK PILOT PROGRAM. 
(a) PROGRAM.—In accordance with this subtitle, the 
Secretary of Labor shall conduct, in not more than 5 
States, a pilot program to raise awareness about telework 
among employers and to encourage such employers to 
offer telework options to employees. 
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(b) PERMISSIBLE ACTIVITIES.—In carrying out the 
pilot program, the Secretary is encouraged to— 
(1) produce educational materials and conduct 
presentations designed to raise awareness of the 
benefits and the ease of telework; 
(2) conduct outreach to businesses that are con-
sidering offering telework options; 
(3) acquire telework technologies and equip-
ment to be used for demonstration purposes; and 
(4) ensure that expectant and new mothers who 
are employed by businesses that participate in the 
pilot program are given the option to telework dur-
ing the 1-year period after the date of birth. 
SEC. 413. REPORT TO CONGRESS. 
Not later than 2 years after the first date on which 
funds are appropriated to carry out this subtitle, the Sec-
retary shall transmit to the Congress a report containing 
the results of an evaluation of the pilot program and any 
recommendations as to whether the pilot program, with 
or without modification, should be expanded. 
SEC. 414. DEFINITION. 
In this subtitle, the term ‘‘telework’’ means the per-
formance of any portion of work functions by an employee 
outside the normal place of business under circumstances 
which reduce or eliminate the need to commute. 
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SEC. 415. TERMINATION. 
The pilot program shall terminate 2 years after the 
first date on which funds are appropriated to carry out 
this subtitle. 
SEC. 416. AUTHORIZATION OF APPROPRIATIONS. 
There is authorized to be appropriated $5,000,000 to 
carry out this subtitle. 
Æ 
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