Statement of Administration Policy: H.R. 3475 - Women in Apprenticeship Occupations and Nontraditional Occupations Act

(SENT 9/29/92)
(House)
(Morelia (R) MD and 50 others)

The Administration does not object to House passage of H.R. 3475, but will seek amendments in the Senate to address its concerns.

The Administration supports the goal of H.R. 3475 — to assist business in providing women with opportunities in apprenticeship and nontraditional occupations. However, the new grant program established by the bill duplicates many ongoing efforts by the Department of Labor. These efforts include activities under the Job Training Partnership Act; technical assistance to employers, unions and community-based organizations; and outreach and support services for women.

In addition, H.R. 3475 raises a serious constitutional concern. The bill would establish a grant program for community-based organizations. The program would provide technical assistance to employers and labor unions to encourage the employment of women in apprenticeable and nontraditional occupations. Under the equal protection provisions of the Constitution, a congressional grant of money or benefits solely on the basis of the recipient's gender is presumptively unconstitutional. The Supreme Court has held that gender preferences violate the Constitution unless they are substantially related to the achievement of important goals. H.R. 3475 would withstand constitutional scrutiny only if there is sufficient evidence to meet this standard.