Text: S.3091 — 102nd Congress (1991-1992)All Information (Except Text)

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S 3091 IS
102d CONGRESS
2d Session
S. 3091
To amend the Public Health Service Act to establish a program to fund maternity
home expenses and improve programs for the collection and disclosure of
adoption information, and for other purposes.
IN THE SENATE OF THE UNITED STATES
July 28 (legislative day, JULY 23), 1992
Mr. GORTON (for himself, Mr. CRAIG, Mr. NUNN, Mr. BROWN, Mr. MCCAIN,
Mr. DECONCINI, Mr. NICKLES, Mr. REID, Mr. MCCONNELL, Mr. WARNER, Mr. BOND,
Mr. GRASSLEY, and Mr. SHELBY) introduced the following bill; which was read
twice and referred to the Committee on Labor and Human Resources
A BILL
To amend the Public Health Service Act to establish a program to fund maternity
home expenses and improve programs for the collection and disclosure of
adoption information, and for other purposes.
  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 `Omnibus Adoption Assistance and Maternal
  Health Certificates Act'.
SEC. 2. FINDINGS.
  The Congress finds that--
  (1) in the United States today, 25 percent of children are born into single
  parent homes;
  (2) the number of children in single female-headed homes has increased 85
  percent, rising from 7,500,000 in 1970 to 13,900,000 in 1988;
  (3) the rise in single-parenthood is one of the root causes  of family
  disintegration in the Nation today;
  (4) adoption addresses the problem of family disintegration at the beginning
  by getting children into solid, two-parent homes and giving birthmothers
  the opportunity to mature before taking on the adult responsibilities
  of child-rearing;
  (5) (A) in 1970 there were 89,000 adoptions;
  (B) in 1990 there were 51,000 adoptions; and
  (C) currently, only 6 percent of all teenage mothers choose adoption;
  (6) young, unmarried women who made an adoption plan for babies are more
  likely to complete high school, less likely to live in poverty, and less
  likely to receive public assistance than single parents;
  (7) 60 percent of welfare recipients are, or were at one time, teenage
  mothers;
  (8) several studies show that, when compared to teenage mothers, teenagers
  who choose adoption are less likely to have repeat unwed pregnancies;
  (9) 90 percent of adopted children live with two married parents and 54
  percent of the children live in homes with family income three times higher
  than poverty level;
  (10) adopted children have been found to have the same levels of confidence
  as, or greater levels of confidence than, children who are not adopted;
  (11) maternity homes provide young mothers a safe haven away from peer
  pressure and time to consider thoughtfully the best plan for themselves
  and their babies;
  (12) young mothers in maternity homes receive counseling, a structured
  environment, and a variety of other services such as schooling, job
  counseling, and prenatal care;
  (13) when comprehensive services, including adoption services, are offered,
  the percentage of mothers who choose adoption for their children is
  significantly higher than the general adoption placement rate;
  (14) St. Anne's Maternity Home in California reports that 22 percent of
  its residents choose adoption, compared to a general rate of 5 percent of
  California mothers who choose adoption;
  (15) there are approximately 450,000 children in foster care in the United
  States, of whom less than 10 percent are available for adoption;
  (16) 40 percent of the children in foster care have been in the system 2 or
  more years, while 25 percent have been in foster care at least 3 years; and
  (17) 60 percent of children in foster care are classified as `children
  with special needs', which means the children have physical or emotional
  difficulties, belong to sibling or minority groups, or are older children.
SEC. 3. NATIONAL ADVISORY COUNCIL ON ADOPTION.
  (a) ESTABLISHMENT- There is hereby established the National Advisory
  Council on Adoption (in this section referred to as the `Council').
  (b) MEMBERSHIP-
  (1) IN GENERAL- The Council shall be composed of 13 members appointed by
  the Secretary of Health and Human Services.
  (2) REPRESENTATIVES- Not later than 90 days after the date of the enactment
  of this Act, the Secretary of Health and Human Services shall appoint the
  members of the Council, and shall include in such appointment as Council
  members representatives of--
  (A) private, nonprofit organizations involved in child welfare and maternity
  services, including national organizations representing organizations that
  provide adoption services or maternity housing and services facilities;
  (B) private, nonprofit organizations representing adopted children,
  adoptive families or biological parents;
  (C) organizations or agencies involved with privately arranged or
  international adoptions;
  (D) organizations representing State and local government agencies with
  responsibility for coordinating or regulating adoption services or maternity
  and housing services facilities; and
  (E) organizations representing State and local courts or judicial entities
  with jurisdiction over issues of family law.
  (3) RECOMMENDATIONS- Of the 13 members of the Council, the Secretary
  shall appoint--
  (A) 3 members from among persons nominated by the Speaker of the House
  of Representatives;
  (B) 2 members from among persons nominated by the Minority Leader of the
  House of Representatives;
  (C) 3 members from among persons nominated by the Majority Leader of the
  Senate; and
  (D) 2 members from among persons nominated by the Minority Leader of
  the Senate.
  (c) DUTIES- The Council shall--
  (1) monitor on behalf of Congress the implementation of the programs
  established and activities required under this Act and make such
  recommendations as it determines appropriate to help carry out the intent
  of Congress in establishing such programs and requiring such activities;
  (2) consult with the heads of departments and agencies charged with the
  responsibility of carrying out such programs and activities; and
  (3) make such recommendations as it determines appropriate, including
  recommendations regarding additional legislation, to carry out the purposes
  of this Act.
  (d) CHAIRPERSON- The Secretary of Health and Human Services shall select
  a Chairperson from among the members of the Council.
  (e) TERM OF OFFICE- Members shall be appointed for 3-year terms.
  (f) VACANCIES- Any vacancy occurring in the membership of the Council shall
  be filled in the same manner as the original appointment for the position
  being vacated. The vacancy shall not affect the power of the remaining
  members to execute the duties of the Council.
  (g) MEETINGS- The Council shall hold such meetings as may be appropriate,
  but shall meet at least once every 90 days.
  (h) QUORUM- A majority of the Council shall constitute a quorum for the
  transaction of business.
  (i) COMPENSATION AND EXPENSES- Members of the Council shall not be
  compensated for the performance of duties for the Council. Each member
  of the Council may, at the option of the member, receive travel expenses,
  including per diem in lieu of subsistence, at rates authorized for employees
  of agencies under subchapter I of chapter 57 of title 5, United States Code,
  for each day the member is engaged in the performance of duties away from
  the home or regular place of business of the member.
  (j) POWERS- The Council is authorized to hold such hearings and sit and
  act at such times, and take such testimony, as the Council may determine
  to be necessary to carry out the duties of the Council.
  (k) OATHS- Any member of the Council may administer oaths or affirmations
  to witnesses appearing before the Council.
  (l) INFORMATION-
  (1) SECURING INFORMATION- The Council may secure directly from any Federal
  agency, and from any State agency, or private organization, that receives
  Federal assistance under this Act, such information as the Council may
  require to carry out its duties.
  (2) DISCLOSURE- The Council shall comply with the procedures described in
  section 4(c)(3) regarding the disclosure of the information described in
  paragraph (1).
  (m) GIFTS AND DONATIONS- The Council may accept, use, and dispose of gifts
  or donations of property in order to carry out the duties of the Council.
  (n) USE OF MAIL- The Council may use the United States mails in the same
  manner and under the same conditions as Federal agencies.
  (o) DETAIL OF FEDERAL EMPLOYEES- On the request of the Chairperson of
  the Council, the Secretary of Health and Human Services shall detail,
  without reimbursement, any of the personnel of the Department of Health
  and Human Services to the Council to assist the Council in carrying out
  its duties. Any detail shall not interrupt or otherwise affect the civil
  service status or privileges of the Federal employee.
  (p) TECHNICAL ASSISTANCE- On the request of the Chairperson of the Council,
  the Secretary of Health and Human Services shall provide such technical
  assistance to the Council as the Council determines to be necessary to
  carry out its duties.
  (q) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated
  to carry out this section such sums as may be necessary for fiscal years
  1993 through 1995.
  (r) TERMINATION- The Council shall terminate at the expiration of the
  3-year period that begins on the date of the enactment of this Act.
SEC. 4. IMPLEMENTATION OF ADOPTION DATA COLLECTION SYSTEM.
  (a) REPORT ON STATUS OF FINAL REGULATIONS-
  (1) IN GENERAL- Not later than 30 days after the date of the enactment
  of this Act, the Secretary of Health and Human Services shall prepare
  and submit to the appropriate committees of Congress a report containing
  information on the status of the implementation of the data collection
  system required pursuant to section 479(b)(2) of the Social Security Act
  (42 U.S.C. 679(b)(2)).
  (2) SPECIFIC ASSURANCES REQUIRED- The report described in paragraph (1)
  shall include specific assurances that the data collection system will
  comply with the regulations described in subsection (c).
  (b) MONTHLY PROGRESS REPORTS- Every 30 days after the report described in
  subsection (a) is required to be submitted, the Secretary of Health and
  Human Services shall prepare and submit to the appropriate committees
  of Congress a report containing information on the progress made in
  implementing the data collection system.
  (c) REGULATIONS-
  (1) IN GENERAL- The Secretary of Health and Human Services shall issue such
  regulations as the Secretary determines to be necessary to carry out this
  section, including appropriate requirements and incentives to ensure that
  the data collection system functions reliably throughout the United States.
  (2) SUBJECTS- The regulations issued under paragraph (1) shall require
  that the data collection system--
  (A) shall avoid unnecessary diversions of resources from agencies responsible
  for adoption and foster care;
  (B) shall use uniform definitions and methodologies to ensure that any
  data collected is reliable and consistent over time and among jurisdictions;
  (C) shall include in the data collection system--
  (i) data concerning adoptions arranged through State and private agencies
  that receive Federal assistance; and
  (ii) to the extent such data are voluntarily released by State and private
  agencies that receive no Federal assistance, data concerning adoptions
  arranged through the agencies; and
  (D) shall, using data described in subparagraph (C), and in accordance with
  paragraph (3), provide comprehensive national information with respect to--
  (i) the demographic characteristics of all adopted and foster children
  and their biological and adoptive or foster parents;
  (ii) the status of the foster care population, including the number of
  children in foster care, the length and type of placement, availability
  for adoption, and goals for ending or continuing foster care;
  (iii) the number and demographic characteristics of all children placed in
  or removed from foster care, children adopted, and children with respect
  to whom adoptions have been terminated; and
  (iv) the extent and nature of assistance provided by Federal, State,
  and local adoption and foster care programs and the characteristics of
  the children with respect to whom such assistance is provided.
  (3) DISCLOSURE AND CONFIDENTIALITY- The regulations issued under paragraph
  (1) shall provide for the establishment of procedures--
  (A) for the disclosure by the Secretary of aggregate information collected
  under this section relating to adoption and foster care in the United
  States; and
  (B) for the maintenance of confidentiality by the Secretary, the agencies
  described in paragraph (2)(C)(i), and the agencies described in paragraph
  (2)(C)(ii) to the extent such agencies collect information under this
  section, of information collected under this section with respect to the
  identity of an individual.
  (4) CONSULTATION- In developing the regulations issued under paragraph
  (1), the Secretary shall consult with the National Advisory Council on
  Adoption established under section 3(a).
SEC. 5. MATERNAL HEALTH CERTIFICATES.
  Title III of the Public Health Service Act (42 U.S.C. 241 et seq.) is
  amended by adding at the end the following new part:
`PART M--MATERNAL HEALTH AND ADOPTION
`SEC. 399F. MATERNAL HEALTH CERTIFICATES PROGRAM.
  `(a) GRANTS- The Secretary shall award grants to States to enable the
  States to establish programs to provide maternal health certificates to
  eligible women within such States.
  `(b) STATE ELIGIBILITY- To be eligible to receive a grant under subsection
  (a), a State shall prepare and submit to the Secretary, an application at
  such time, in such form, and containing such information as the Secretary
  shall require, including--
  `(1) an assurance that the State shall establish a maternal health
  certificates program in accordance with this section;
  `(2) an assurance that the State shall establish procedures to comply with
  the requirements of subsection (f)(3); and
  `(3) the name of an agency designated by the State to administer the
  maternal health certificates program.
  `(c) ELIGIBLE WOMEN- To be eligible to receive a maternal health certificate
  under a program established under this section, a woman shall--
  `(1) be a pregnant female;
  `(2) have an annual income (within the meaning of section 1612(a) of the
  Social Security Act (42 U.S.C. 1382a(a)) but not including the income of,
  or support received by the woman from, parents, guardians, or the father
  of the child) that does not exceed 175 percent of the State poverty level;
  `(3) be a current resident of a maternity home, on a waiting list for such
  a home, or receiving outpatient services from such a home;
  `(4) prepare and submit, to the State agency designated under subsection
  (b)(3), an application at such time, in such form, and containing such
  information as such agency shall require, including--
  `(A) the name and address of the maternity home in which the woman resides or
  intends to reside, or from which the woman intends to receive services; and
  `(B) the rates charged by the maternity home and the estimated length of
  time the woman expects to stay or receive services from the home; and
  `(5) comply with any other requirements determined appropriate by the
  Secretary.
  `(d) MATERNITY HOME ELIGIBILITY- To be eligible to receive a maternal
  health certificate as payment for services provided to a eligible woman
  under a program established under this section, a maternity home shall--
  `(1) be a residence for pregnant women or provide outpatient services for
  pregnant women;
  `(2) have the capacity to serve at least four pregnant women concurrently;
  `(3) be licensed or approved by the State; and
  `(4) provide, either directly or by referral, to eligible women and, where
  appropriate, to their babies a range of services that are in accordance
  with the standards promulgated by the Secretary under subsection (g),
  including standards regarding--
  `(A) room and board;
  `(B) medical care for the women and their babies, including prenatal,
  delivery, and post-delivery care;
  `(C) instruction and education concerning future health care for both the
  women and babies;
  `(D) nutrition and nutrition counseling;
  `(E) counseling and education concerning all aspects of pregnancy,
  childbirth, and motherhood;
  `(F) general family counseling;
  `(G) child and family development education;
  `(H) adoption counseling, which shall include referral to a licensed
  nonprofit adoption agency, if the home is not such an agency;
  `(I) counseling and services concerning education, vocation, or employment;
  and
  `(J) reasonable transportation services.
  `(e) USE OF CERTIFICATES- A woman who receives a certificate awarded under
  a program established under this section shall use such certificate to
  pay the costs associated with the residence of or services provided to
  the woman in a maternity home. Such costs shall be reasonably related to
  the range of services described in subsection (d)(4).
  `(f) LIMITATIONS ON CERTIFICATES-
  `(1) TIME- Certificates awarded under a program established under this
  section shall cover expenses incurred during a period that shall end not
  later than 1 month after the birth of the baby to the eligible woman.
  `(2) AMOUNT- The amount of a certificate awarded under a program established
  under this section shall not exceed, during the period in which the
  certificate is valid--
  `(A) in the case of a resident, $80 per day; and
  `(B) in the case of a woman receiving outpatient services, $50 per day.
  `(3) MATCHING REQUIREMENT- Procedures established under subsection (b)(2)
  shall require that--
  `(A) the State agency designated under subsection (b)(3);
  `(B) the maternity home receiving a certificate under a program established
  under this section; or
  `(C) both the State agency and the maternity home receiving the certificate;
provide an amount that is at least equal to the amount of the certificate
awarded to an eligible woman for the payment of the costs associated with
providing residence or services to the woman in a maternity home.
  `(g) REGULATIONS- Not later than 90 days after the date of the enactment
  of this part, the Secretary shall promulgate regulations to establish the
  standards described in subsection (c)(4). In promulgating the regulations,
  the Secretary shall consider such standards as the Council on Accreditation
  for Services to Children and Families may determine to be appropriate.
  `(h) PARTICIPATION IN AID TO FAMILIES WITH DEPENDENT CHILDREN PROGRAM-
  Notwithstanding any other provision of this section, no woman shall be
  required to participate in the program established under part A of title
  IV of the Social Security Act (42 U.S.C. 601 et seq.) to be eligible for
  a maternal health certificate under this section.
  `(i) PROHIBITION ON SUPPLANTING OF SERVICES- No maternal health certificate
  issued under this section shall be used to supplant existing State, county,
  or local government funds that are used to provide services similar to
  those described in subsection (d)(4) for low-income pregnant females.
  `(j) Evaluation-
  `(1) IN GENERAL- The Secretary shall provide, through grants or contracts,
  for the continuing evaluation of programs established under this section,
  to determine--
  `(A) the effectiveness of such programs in achieving the goals stated in
  paragraph (3) in general, and in relation to cost;
  `(B) the impact of such programs on related programs, including programs
  under titles IV, V, and XIX of the Social Security Act (42 U.S.C. 601 et
  seq., 701 et seq., and 1396 et seq.) and titles X and XX of this Act; and
  `(C) the structure and mechanisms for the delivery of services for such
  programs.
  `(2) COMPARISONS- The Secretary shall include in evaluations under paragraph
  (1), where appropriate, comparisons of participants in such programs with
  individuals who have not participated in such programs.
  `(3) GOALS- For purposes of paragraph (1)(A), the goals of this section
  shall be to--
  `(A) increase the availability of services to low-income pregnant eligible
  women;
  `(B) improve the physical and psychological health of such a woman;
  `(C) ensure a safe and healthy pregnancy, delivery, and postpartum period
  for the woman;
  `(D) promote the delivery of a healthy baby to the woman;
  `(E) increase the knowledge of the woman regarding proper health and
  nutrition for the woman and her baby;
  `(F) increase the ability of the woman to support herself financially;
  `(G) help the woman make an informed decision whether to parent her baby
  or to make an adoption plan for her baby;
  `(H) increase the ability of the woman to support her baby financially
  and emotionally, if the woman so chooses; and
  `(I) assist the woman in placing her baby for adoption, if the woman
  so chooses.
  `(k) CONSULTATION WITH ADVISORY COUNCIL- The Secretary of Health and Human
  Services shall issue such regulations as the Secretary determines to be
  necessary to carry out the program established under subsection (a). In
  developing the regulations, the Secretary shall consult with the National
  Advisory Council on Adoption established under section 3(a) of the Omnibus
  Adoption Assistance and Maternal Health Certificates Act.
  `(l) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated
  to carry out this section, $30,000,000 for each of the fiscal years 1993
  through 1995.'.
SEC. 6. SOCIAL WORK GRADUATE STUDY FELLOWSHIPS.
  (a) PROGRAM ESTABLISHMENT- Title IX of the Higher Education Act of 1965
  (20 U.S.C. 1134 et seq.) is amended--
  (1) by redesignating part G as part H;
  (2) by redesignating section 971 as section 981; and
  (3) by inserting after part F the following new part:
`PART G--GRADUATE SOCIAL WORK FELLOWSHIPS
`SEC. 971. AWARD OF FELLOWSHIPS.
  `(a) IN GENERAL-
  `(1) FELLOWSHIPS AUTHORIZED- From the amount appropriated pursuant to the
  authority of section 981(g), the Secretary shall award not more than 50
  fellowships in accordance with the provisions of this part for study in
  graduate schools of social work that offer innovative programs described in
  subsection (b) to students selected on the basis of demonstrated achievement
  and exceptional promise.
  `(2) DURATION- The fellowships described in paragraph (1) shall be
  awarded for only one academic year of study and shall be renewable for
  two additional years.
  `(b) INNOVATIVE PROGRAMS DEFINED- The innovative programs  described in
  subsection (a) are innovative programs concerning the effects of adoption
  on the children who are adopted, the families who adopt children and the
  biological parents who make an adoption plan, including--
  `(1) a basic research program on the short-term and long-term effects of
  adoption on adopted children, biological parents and adoptive families;
  `(2) development of a model curriculum and instructional program to assist
  adopted children, biological parents and adoptive families;
  `(3) development of an innovative program to counsel pregnant women on
  the availability and benefits of choosing to make an adoption plan; or
  `(4) any other program determined to be consistent with the provisions of
  this part.
  `(c) FELLOWSHIP RECIPIENT SELECTION PROCEDURES- The Secretary, by regulation,
  shall establish such selection procedures for fellowship recipients as
  are appropriate to carry out this part.
`SEC. 972. STIPENDS.
  `(a) AWARD BY SECRETARY- The Secretary shall pay to individuals awarded
  fellowships under this part such stipends (including such allowances for
  subsistence and other expenses for such individuals and their dependents)
  as the Secretary may determine to be appropriate, adjusting such stipends
  as necessary so as not to exceed the fellow's demonstrated level of need
  according to measurements of need approved by the Secretary. The stipend
  levels established by the Secretary shall reflect the purpose of the
  fellowship program assisted under this part to encourage highly talented
  students to undertake graduate study and shall provide a level of support
  comparable to that provided by federally funded graduate fellowships in
  the science and engineering fields.
  `(b) INSTITUTIONAL PAYMENTS-
  `(1) IN GENERAL- The Secretary (in addition to the stipends paid to
  individuals under subsection (a)) shall pay to the institution of higher
  education, for each individual awarded a fellowship for pursuing a course
  of study at such institution, $6,000, except that such amount charged
  to a fellowship recipient and collected from such recipient for tuition
  and other expenses required by the institution as part of the recipient's
  instructional program shall be deducted from the payment of the institution
  under this subsection.
  `(2) REDUCTION LIMITATION- Subject to the availability of appropriations,
  amounts payable to an institution of higher education by the Secretary
  pursuant to this subsection shall not be reduced for any purpose other
  than the purpose specified under paragraph (1).
`SEC. 973. FELLOWSHIP CONDITIONS.
  `(a) REQUIREMENTS FOR RECEIPT- An individual awarded a fellowship under
  this part shall continue to receive payments described in section 972(a)
  only during such periods as the Secretary finds that such individual is
  maintaining satisfactory proficiency in, and devoting essentially full time
  to, study or research in the field in which such fellowship was awarded,
  in an institution of higher education, and is not engaging in gainful
  employment other than part-time employment by such institution in teaching,
  research, or similar activities, approved by the Secretary.
  `(b) REPORTS FROM RECIPIENTS- The Secretary is authorized to require
  reports containing such information in such form and at such times as the
  Secretary determines necessary from any individual awarded a fellowship
  under this part. The reports shall be accompanied by a certificate from
  an appropriate official at the institution of higher education, stating
  that such individual is making satisfactory progress in, and is devoting
  essentially full time to, the program for which the fellowship was awarded.'.
  (b) CONSULTATION WITH ADVISORY COUNCIL- In developing regulations needed
  to carry out part G of title IX of the Higher Education Act of 1965 (as
  added by subsection (a)), the Secretary of Education shall consult with
  the National Advisory Council on Adoption established under section 3(a).
  (c) AUTHORIZATION OF APPROPRIATIONS- Section 981 of the Higher Education
  Act of 1965 (as redesignated by subsection (a)(2)) is further amended--
  (1) by redesignating subsection (g) as subsection (h); and
  (2) by inserting after subsection (f) the following new subsection:
  `(g) PART G- There are authorized to be appropriated to carry out part G
  of this title such sums as may be necessary for each of the fiscal years
  1993, 1994, and 1995.'.
SEC. 7. GRANTS FOR ADOPTION EDUCATION PROGRAMS.
  (a) PROGRAM AUTHORIZED- Not later than 1 year after the date of the enactment
  of this Act, the Secretary of Education (hereafter in this section referred
  to as the `Secretary') shall make grants to States to enable such States
  to carry out adoption education programs.
  (b) GRANT AMOUNTS- The Secretary shall determine the amount of the grant
  any State is eligible to receive under this section based on the estimated
  size and cost of the program to be assisted under the grant and the number
  of children to be served by the program.
  (c) APPLICATION- Any State that desires to receive a grant under this section
  shall submit to the Secretary an application at such time, in such manner,
  and containing or accompanied by such information and assurances as the
  Secretary may reasonably require.
  (d) GUIDELINES- The Secretary shall by regulation publish guidelines for
  model adoption education programs to be assisted under this section.
  (e) CONSULTATION WITH ADVISORY COUNCIL- In developing regulations needed
  to carry out this section, the Secretary shall consult with the National
  Advisory Council on Adoption established under section 3(a).
  (f) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated
  $10,000,000 for each of the fiscal years 1993, 1994, and 1995 to carry
  out this section.
SEC. 8. EQUAL INSURANCE COVERAGE FOR ADOPTED CHILDREN.
  Section 510 of the Employee Retirement Income Security Act of 1974 (29
  U.S.C. 1140) is amended--
  (1) by inserting `(a)' after `510.';
  (2) by striking the last sentence; and
  (3) by adding at the end the following new subsections:
  `(b)(1) As used in this subsection, the term `son or daughter' means a
  biological or adopted child, a stepchild, a legal ward, or a child placed
  for adoption.
  `(2) Notwithstanding any other provision of law, it shall be unlawful for
  any person to discharge, fine, suspend, expel, discipline, or discriminate
  against a participant or beneficiary for the purpose of interfering with
  the attainment of any right, including a right with respect to coverage,
  benefits, or cost sharing, to which such participant may become entitled
  under an employee benefit plan, this title, or the Welfare and Pension
  Plans Disclosure Act, on the basis of the fact that--
  `(A) a son or daughter of the participant is not a biological child of
  the participant; or
  `(B) a son or daughter that is not a biological child of the participant
  has a health-related condition that existed prior to the date on which
  the child became a son or daughter of the participant.
  `(3) Nothing in this subsection shall be construed to require any person
  to extend a benefit under an employee benefit plan to any participant
  if the person would not otherwise be required to extend the benefit to a
  participant with a biological child.
  `(c) The provisions of section 502 shall be applicable in the enforcement
  of this section.'.
SEC. 9. EQUAL LEAVE BENEFITS FOR ADOPTIVE PARENTS.
  (a) DEFINITIONS- As used in this section:
  (1) COMMERCE- The terms `commerce' and `industry or activity affecting
  commerce' mean any activity, business, or industry in commerce or in which
  a labor dispute would hinder or obstruct commerce or the free flow of
  commerce, and include `commerce' and any `industry affecting commerce',
  as defined in paragraphs (3) and (1), respectively, of section 120  of
  the Labor Management Relations Act, 1947 (29 U.S.C. 142 (3) and (1)).
  (2) EMPLOY- The term `employ' has the meaning given the term in section 3(g)
  of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(g)).
  (3) EMPLOYEE- The term `employee' means any individual employed by an
  employer.
  (4) EMPLOYER- The term `employer' means any person engaged in commerce or
  in any industry or activity affecting commerce.
  (5) EMPLOYMENT BENEFITS- The term `employment benefits' means all benefits
  provided or made available to employees by an employer, including health
  insurance, sick leave, and annual leave, regardless of whether such benefits
  are provided by a policy or practice of an employer or through an `employee
  welfare benefit plan', as defined in section 3(3) of the Employee Retirement
  Income Security Act of 1974 (29 U.S.C. 1002(1)).
  (6) LEAVE BENEFIT- The term `leave benefit' means--
  (A) any leave provided by the employer to enable a parent to prepare for
  the arrival of a son or daughter or to care for a son or daughter;
  (B) any right to reemployment with the employer after the leave described
  in subparagraph (A); and
  (C) any right to the receipt of pay or employment benefits, or the accrual
  of seniority, during the leave described in subparagraph (A).
  (7) PARENT- The term `parent' means the biological parent, adoptive parent,
  prospective adoptive parent, legal guardian, or stepparent, of the child.
  (8) SON OR DAUGHTER- The term `son or daughter' means a biological or
  adopted child, a stepchild, a legal ward, or a child placed for adoption.
  (b) NONDISCRIMINATION- It shall be an unlawful employment practice for
  an employer to discriminate against an employee with respect to a term
  or condition of any leave benefit on the basis of the fact that a son or
  daughter of an employee is not a biological child of the employee.
  (c) Right To Bring Civil Action-
  (1) IN GENERAL- Subject to the limitations contained in this section,
  any person may bring a civil action against an employer to enforce the
  provisions of this section in any appropriate court of the United States
  or in any State court of competent jurisdiction.
  (2) TIMING OF COMMENCEMENT OF CIVIL ACTION- No civil action may be commenced
  under paragraph (1) later than 1 year after the date of the last event
  that constitutes the alleged violation.
  (3) VENUE- An action brought under paragraph (1) in a district court of
  the United States may be brought in any appropriate judicial district
  under section 1391 of title 28, United States Code.
  (4) RELIEF- In any civil action brought under paragraph (1), the court may--
  (A) grant as relief against any respondent that violates any provision of
  this title--
  (i) any permanent or temporary injunction, temporary restraining order,
  or other equitable relief as the court determines appropriate; and
  (ii) damages in an amount equal to any wages, salary, employment benefits,
  or other compensation denied or lost to such eligible employee by reason
  of the violation, plus interest on the total monetary damages calculated
  at the prevailing rate; and
  (B) award to a prevailing party (other than the United States) in the
  action a reasonable attorney's fee.
  (d) CONSTRUCTION- Nothing in this section shall be construed to require an
  employer to provide any leave benefit that the employer would not otherwise
  have provided to an employee with a biological child.
SEC. 10. PAYMENTS TO STATES FOR EXPEDITED PLACEMENT UNDER THE ADOPTION
ASSISTANCE PROGRAM.
  (a) IN GENERAL- Section 474(a)(3) of the Social Security Act (42
  U.S.C. 674(a)(3)), as amended by section 5071 of the Omnibus Budget
  Reconciliation Act of 1990, is amended--
  (1) by redesignating subparagraph (C) as subparagraph (D);
  (2) by striking `and' at the end of subparagraph (B); and
  (3) by inserting after subparagraph (B) the following new subparagraph:
  `(C) 80 percent of so much expenditures as are for the recruitment of
  adoptive parents in any case where the placement for adoption of a child
  with special needs occurs not later than 3 months after the child is
  determined under State law to be legally free for adoption, and'.
  (b) EFFECTIVE DATE- The amendments made by this section shall apply to
  payments made for each quarter beginning on or after 60 days after the
  date of enactment of this Act.
SEC. 11. SENSE OF CONGRESS REGARDING CHANGES IN STATE ADOPTION LAWS.
  (a) IN GENERAL- It is the sense of Congress that each State should adopt,
  and assume responsibility for enforcing, laws, rules, or regulations that
  would provide that--
  (1) the State shall make available to a prospective adoptive parent all
  relevant information with respect to the placement of the child for
  adoption, including information with respect to the medical, social,
  and adoption and foster care placement history and ethnic background of
  the child and the biological parents of the child (except to the extent
  that such information would identify the child or biological parents) and
  shall impose criminal penalties on any person who makes an unauthorized
  disclosure of such information;
  (2) a State-approved professional working in a licensed agency setting
  shall investigate the prospective adoptive parent of a child before the
  child is placed with such parent for adoption;
  (3) the courts of the State shall not finalize any adoption before each
  party to the adoption proceeding has submitted to the court all information
  relating to the costs incurred by or on behalf of the party in connection
  with the adoption, including a list of all payments, benefits, gifts,
  or other things of value;
  (4) the State shall require adequate legal representation with respect
  to the adoption proceeding for the biological mother of a child who is
  the subject of such proceeding, if the biological mother wants separate
  legal representation;
  (5) if a child is placed with an individual pursuant to a written plan of
  adoption before the adoption occurs and such individual does not file a
  petition for the adoption of the child with the appropriate court during
  the 6-month period beginning on the date the child is placed with such
  individual, and the individual cannot demonstrate just cause for failure
  to file the petition during such period, such individual shall be barred
  from adopting the child; and
  (6) with respect to each health benefit plan providing coverage to
  individuals in the State--
  (A) each such plan shall provide coverage of health expenses relating to
  pregnancy and childbirth (not including any expenses relating to carrying
  out a surrogate parenting arrangement)--
  (i) upon the adoption of a child by an individual enrolled in the plan,
  for the child and for the biological mother of such child, with respect
  to expenses incurred after the individual enrolled in the plan furnishes
  written notice to the sponsor of the plan of the intent of the individual
  to adopt the child of the biological mother, and
  (ii) for any dependent child of an individual enrolled in the plan; and
  (B) the sponsor of such a plan may not exclude, terminate, or otherwise
  limit coverage under the plan with respect to the adopted child of
  an individual enrolled in the plan on the basis that such child has a
  preexisting condition.
  (b) DEFINITIONS- For purposes of this section--
  (1) the term `health benefit plan' means any plan, fund, or program that
  provides medical care to participants or beneficiaries directly or through
  insurance, reimbursement, or otherwise;
  (2) the term `preexisting condition' means any disease, disability,
  disorder, impairment, or other health condition; and
  (3) the term `sponsor' means any entity in a State providing a health
  benefit plan in a State.