S.3091 - Omnibus Adoption Assistance and Maternal Health Certificates Act102nd Congress (1991-1992)
|Sponsor:||Sen. Gorton, Slade [R-WA] (Introduced 07/28/1992)|
|Committees:||Senate - Labor and Human Resources|
|Latest Action:||Senate - 09/21/1992 Referred to Subcommittee on Children, Family, Drugs, Alcohol. (All Actions)|
This bill has the status Introduced
Here are the steps for Status of Legislation:
Text: S.3091 — 102nd Congress (1991-1992)All Information (Except Text)
There is one version of the bill.
Text available as:
- This text predates authenticated digital publishing. It may be incomplete.
Introduced in Senate
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.