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EMPLOYMENT NON-DISCRIMINATION ACT OF 2013
(Senate - November 06, 2013)

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[Pages S7839-S7841]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




               EMPLOYMENT NON-DISCRIMINATION ACT OF 2013

  The PRESIDING OFFICER. Under the previous order, the motion to 
proceed to S. 815 is agreed to, and the clerk will report the bill by 
title.
  The assistant legislative clerk read as follows:

       A bill (S. 815) to prohibit the employment discrimination 
     on the basis of sexual orientation or gender identity.

  The Senate proceeded to consider the bill, which had been reported 
from the Committee on Health, Education, Labor, and Pensions, with an 
amendment to strike all after the enacting clause and insert in lieu 
thereof the following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Employment Non-
     Discrimination Act of 2013''.

     SEC. 2. PURPOSES.

       The purposes of this Act are--
       (1) to address the history and persistent, widespread 
     pattern of discrimination, including unconstitutional 
     discrimination, on the bases of sexual orientation and gender 
     identity by private sector employers and local, State, and 
     Federal Government employers;
       (2) to provide an explicit, comprehensive Federal 
     prohibition against employment discrimination on the bases of 
     sexual orientation and gender identity, including meaningful 
     and effective remedies for any such discrimination; and
       (3) to invoke congressional powers, including the powers to 
     enforce the 14th Amendment to the Constitution, and to 
     regulate interstate commerce pursuant to section 8 of article 
     I of the Constitution, in order to prohibit employment 
     discrimination on the bases of sexual orientation and gender 
     identity.

     SEC. 3. DEFINITIONS.

       (a) In General.--In this Act:
       (1) Commission.--The term ``Commission'' means the Equal 
     Employment Opportunity Commission.
       (2) Covered entity.--The term ``covered entity'' means an 
     employer, employment agency, labor organization, or joint 
     labor-management committee.
       (3) Demonstrates.--The term ``demonstrates'' means meets 
     the burdens of production and persuasion.
       (4) Employee.--
       (A) In general.--The term ``employee'' means--
       (i) an employee as defined in section 701(f) of the Civil 
     Rights Act of 1964 (42 U.S.C. 2000e(f));
       (ii) a State employee to which section 302(a)(1) of the 
     Government Employee Rights Act of 1991 (42 U.S.C. 2000e-
     16b(a)(1)) applies;
       (iii) a covered employee, as defined in section 101 of the 
     Congressional Accountability Act of 1995 (2 U.S.C. 1301) or 
     section 411(c) of title 3, United States Code; or
       (iv) an employee or applicant to which section 717(a) of 
     the Civil Rights Act of 1964 (42 U.S.C. 2000e-16(a)) applies.
       (B) Exception.--The provisions of this Act that apply to an 
     employee or individual shall not apply to a volunteer who 
     receives no compensation.
       (5) Employer.--The term ``employer'' means--
       (A) a person engaged in an industry affecting commerce (as 
     defined in section 701(h) of the Civil Rights Act of 1964 (42 
     U.S.C. 2000e(h)) who has 15 or more employees (as defined in 
     subparagraphs (A)(i) and (B) of paragraph (4)) for each 
     working day in each of 20 or more calendar weeks in the 
     current or preceding calendar year, and any agent of such a 
     person, but does not include a bona fide private membership 
     club (other than a labor organization) that is exempt from 
     taxation under section 501(c) of the Internal Revenue Code of 
     1986;
       (B) an employing authority to which section 302(a)(1) of 
     the Government Employee Rights Act of 1991 applies;
       (C) an employing office, as defined in section 101 of the 
     Congressional Accountability Act of 1995 or section 411(c) of 
     title 3, United States Code; or
       (D) an entity to which section 717(a) of the Civil Rights 
     Act of 1964 applies.
       (6) Employment agency.--The term ``employment agency'' has 
     the meaning given the term in section 701(c) of the Civil 
     Rights Act of 1964 (42 U.S.C. 2000e(c)).
       (7) Gender identity.--The term ``gender identity'' means 
     the gender-related identity, appearance, or mannerisms or 
     other gender-related characteristics of an individual, with 
     or without regard to the individual's designated sex at 
     birth.
       (8) Labor organization.--The term ``labor organization'' 
     has the meaning given the term in section 701(d) of the Civil 
     Rights Act of 1964 (42 U.S.C. 2000e(d)).
       (9) Person.--The term ``person'' has the meaning given the 
     term in section 701(a) of the Civil Rights Act of 1964 (42 
     U.S.C. 2000e(a)).
       (10) Sexual orientation.--The term ``sexual orientation'' 
     means homosexuality, heterosexuality, or bisexuality.
       (11) State.--The term ``State'' has the meaning given the 
     term in section 701(i) of the Civil Rights Act of 1964 (42 
     U.S.C. 2000e(i)).
       (b) Application of Definitions.--For purposes of this 
     section, a reference in section 701 of the Civil Rights Act 
     of 1964--
       (1) to an employee or an employer shall be considered to 
     refer to an employee (as defined in subsection (a)(4)) or an 
     employer (as defined in subsection (a)(5)), respectively, 
     except as provided in paragraph (2) of this subsection; and
       (2) to an employer in subsection (f) of that section shall 
     be considered to refer to an employer (as defined in 
     subsection (a)(5)(A)).

     SEC. 4. EMPLOYMENT DISCRIMINATION PROHIBITED.

       (a) Employer Practices.--It shall be an unlawful employment 
     practice for an employer--
       (1) to fail or refuse to hire or to discharge any 
     individual, or otherwise discriminate against any individual 
     with respect to the compensation, terms, conditions, or 
     privileges of employment of the individual, because of such 
     individual's actual or perceived sexual orientation or gender 
     identity; or
       (2) to limit, segregate, or classify the employees or 
     applicants for employment of the employer in any way that 
     would deprive or tend to deprive any individual of employment 
     or otherwise adversely affect the status of the individual as 
     an employee, because of such individual's actual or perceived 
     sexual orientation or gender identity.
       (b) Employment Agency Practices.--It shall be an unlawful 
     employment practice for an employment agency to fail or 
     refuse to refer for employment, or otherwise to discriminate 
     against, any individual because of the actual or perceived 
     sexual orientation or gender identity of the individual or to 
     classify or refer for employment any individual on the basis 
     of the actual or perceived sexual orientation or gender 
     identity of the individual.
       (c) Labor Organization Practices.--It shall be an unlawful 
     employment practice for a labor organization--
       (1) to exclude or to expel from its membership, or 
     otherwise to discriminate against, any individual because of 
     the actual or perceived sexual orientation or gender identity 
     of the individual;
       (2) to limit, segregate, or classify its membership or 
     applicants for membership, or to classify or fail or refuse 
     to refer for employment any individual, in any way that would 
     deprive or tend to deprive any individual of employment, or 
     would limit such employment or otherwise adversely affect the 
     status of the individual as an employee or as an applicant 
     for employment because of such individual's actual or 
     perceived sexual orientation or gender identity; or
       (3) to cause or attempt to cause an employer to 
     discriminate against an individual in violation of this 
     section.
       (d) Training Programs.--It shall be an unlawful employment 
     practice for any employer, labor organization, or joint 
     labor-management committee controlling apprenticeship or 
     other training or retraining, including on-the-job training 
     programs, to discriminate against any individual because of 
     the actual or perceived sexual orientation or gender identity 
     of the individual in admission to, or employment in, any 
     program established to provide apprenticeship or other 
     training.
       (e) Association.--An unlawful employment practice described 
     in any of subsections (a) through (d) shall be considered to 
     include an action described in that subsection, taken against 
     an individual based on the actual or perceived sexual 
     orientation or gender identity of a person with whom the 
     individual associates or has associated.
       (f) No Preferential Treatment or Quotas.--Nothing in this 
     Act shall be construed or interpreted to require or permit--
       (1) any covered entity to grant preferential treatment to 
     any individual or to any group because of the actual or 
     perceived sexual orientation or gender identity of such 
     individual or group on account of an imbalance which may 
     exist with respect to the total number or percentage of 
     persons of any actual or perceived sexual orientation or 
     gender identity employed by any employer, referred or 
     classified for employment by any employment agency or labor 
     organization, admitted to membership or classified by any 
     labor organization, or admitted to, or employed in, any 
     apprenticeship or other training program, in comparison with 
     the total number or percentage of persons of such actual or 
     perceived sexual orientation or gender identity in any 
     community, State, section, or other

[[Page S7840]]

     area, or in the available work force in any community, State, 
     section, or other area; or
       (2) the adoption or implementation by a covered entity of a 
     quota on the basis of actual or perceived sexual orientation 
     or gender identity.
       (g) No Disparate Impact Claims.--Only disparate treatment 
     claims may be brought under this Act.
       (h) Standards of Proof.--Except as otherwise provided, an 
     unlawful employment practice is established when the 
     complaining party demonstrates that sexual orientation or 
     gender identity was a motivating factor for any employment 
     practice, even though other factors also motivated the 
     practice.

     SEC. 5. RETALIATION PROHIBITED.

       It shall be an unlawful employment practice for a covered 
     entity to discriminate against an individual because such 
     individual--
       (1) opposed any practice made an unlawful employment 
     practice by this Act; or
       (2) made a charge, testified, assisted, or participated in 
     any manner in an investigation, proceeding, or hearing under 
     this Act.

     SEC. 6. EXEMPTION FOR RELIGIOUS ORGANIZATIONS.

       This Act shall not apply to a corporation, association, 
     educational institution or institution of learning, or 
     society that is exempt from the religious discrimination 
     provisions of title VII of the Civil Rights Act of 1964 (42 
     U.S.C. 2000e et seq.) pursuant to section 702(a) or 703(e)(2) 
     of such Act (42 U.S.C. 2000e-1(a), 2000e-2(e)(2)).

     SEC. 7. NONAPPLICATION TO MEMBERS OF THE ARMED FORCES; 
                   VETERANS' PREFERENCES.

       (a) Armed Forces.--
       (1) Employment.--In this Act, the term ``employment'' does 
     not apply to the relationship between the United States and 
     members of the Armed Forces.
       (2) Armed forces.--In paragraph (1) the term ``Armed 
     Forces'' means the Army, Navy, Air Force, Marine Corps, and 
     Coast Guard.
       (b) Veterans' Preferences.--This title does not repeal or 
     modify any Federal, State, territorial, or local law creating 
     a special right or preference concerning employment for a 
     veteran.

     SEC. 8. CONSTRUCTION.

       (a) Dress or Grooming Standards.--Nothing in this Act shall 
     prohibit an employer from requiring an employee, during the 
     employee's hours at work, to adhere to reasonable dress or 
     grooming standards not prohibited by other provisions of 
     Federal, State, or local law, provided that the employer 
     permits any employee who has undergone gender transition 
     prior to the time of employment, and any employee who has 
     notified the employer that the employee has undergone or is 
     undergoing gender transition after the time of employment, to 
     adhere to the same dress or grooming standards as apply for 
     the gender to which the employee has transitioned or is 
     transitioning.
       (b) Additional Facilities Not Required.--Nothing in this 
     Act shall be construed to require the construction of new or 
     additional facilities.

     SEC. 9. COLLECTION OF STATISTICS PROHIBITED.

       The Commission and the Secretary of Labor shall neither 
     compel the collection of nor require the production of 
     statistics on actual or perceived sexual orientation or 
     gender identity from covered entities pursuant to this Act.

     SEC. 10. ENFORCEMENT.

       (a) Enforcement Powers.--With respect to the administration 
     and enforcement of this Act in the case of a claim alleged by 
     an individual for a violation of this Act--
       (1) the Commission shall have the same powers as the 
     Commission has to administer and enforce--
       (A) title VII of the Civil Rights Act of 1964 (42 U.S.C. 
     2000e et seq.); or
       (B) sections 302 and 304 of the Government Employee Rights 
     Act of 1991 (42 U.S.C. 2000e-16b and 2000e-16c),

     in the case of a claim alleged by such individual for a 
     violation of such title, or of section 302(a)(1) of the 
     Government Employee Rights Act of 1991 (42 U.S.C. 2000e-
     16b(a)(1)), respectively;
       (2) the Librarian of Congress shall have the same powers as 
     the Librarian of Congress has to administer and enforce title 
     VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.) 
     in the case of a claim alleged by such individual for a 
     violation of such title;
       (3) the Board (as defined in section 101 of the 
     Congressional Accountability Act of 1995 (2 U.S.C. 1301)) 
     shall have the same powers as the Board has to administer and 
     enforce the Congressional Accountability Act of 1995 (2 
     U.S.C. 1301 et seq.) in the case of a claim alleged by such 
     individual for a violation of section 201(a)(1) of such Act 
     (2 U.S.C. 1311(a)(1));
       (4) the Attorney General shall have the same powers as the 
     Attorney General has to administer and enforce--
       (A) title VII of the Civil Rights Act of 1964 (42 U.S.C. 
     2000e et seq.); or
       (B) sections 302 and 304 of the Government Employee Rights 
     Act of 1991 (42 U.S.C. 2000e-16b and 2000e-16c);

     in the case of a claim alleged by such individual for a 
     violation of such title, or of section 302(a)(1) of the 
     Government Employee Rights Act of 1991 (42 U.S.C. 2000e-
     16b(a)(1)), respectively;
       (5) the President, the Commission, and the Merit Systems 
     Protection Board shall have the same powers as the President, 
     the Commission, and the Board, respectively, have to 
     administer and enforce chapter 5 of title 3, United States 
     Code, in the case of a claim alleged by such individual for a 
     violation of section 411 of such title; and
       (6) a court of the United States shall have the same 
     jurisdiction and powers as the court has to enforce--
       (A) title VII of the Civil Rights Act of 1964 (42 U.S.C. 
     2000e et seq.) in the case of a claim alleged by such 
     individual for a violation of such title;
       (B) sections 302 and 304 of the Government Employee Rights 
     Act of 1991 (42 U.S.C. 2000e-16b and 2000e-16c) in the case 
     of a claim alleged by such individual for a violation of 
     section 302(a)(1) of such Act (42 U.S.C. 2000e-16b(a)(1));
       (C) the Congressional Accountability Act of 1995 (2 U.S.C. 
     1301 et seq.) in the case of a claim alleged by such 
     individual for a violation of section 201(a)(1) of such Act 
     (2 U.S.C. 1311(a)(1)); and
       (D) chapter 5 of title 3, United States Code, in the case 
     of a claim alleged by such individual for a violation of 
     section 411 of such title.
       (b) Procedures and Remedies.--Except as provided in section 
     4(g), the procedures and remedies applicable to a claim 
     alleged by an individual for a violation of this Act are--
       (1) the procedures and remedies applicable for a violation 
     of title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e 
     et seq.) in the case of a claim alleged by such individual 
     for a violation of such title;
       (2) the procedures and remedies applicable for a violation 
     of section 302(a)(1) of the Government Employee Rights Act of 
     1991 (42 U.S.C. 2000e-16b(a)(1)) in the case of a claim 
     alleged by such individual for a violation of such section;
       (3) the procedures and remedies applicable for a violation 
     of section 201(a)(1) of the Congressional Accountability Act 
     of 1995 (2 U.S.C. 1311(a)(1)) in the case of a claim alleged 
     by such individual for a violation of such section; and
       (4) the procedures and remedies applicable for a violation 
     of section 411 of title 3, United States Code, in the case of 
     a claim alleged by such individual for a violation of such 
     section.
       (c) Other Applicable Provisions.--With respect to a claim 
     alleged by a covered employee (as defined in section 101 of 
     the Congressional Accountability Act of 1995 (2 U.S.C. 1301)) 
     for a violation of this Act, title III of the Congressional 
     Accountability Act of 1995 (2 U.S.C. 1381 et seq.) shall 
     apply in the same manner as such title applies with respect 
     to a claim alleged by such a covered employee for a violation 
     of section 201(a)(1) of such Act (2 U.S.C. 1311(a)(1)).
       (d) No Double Recovery.--An individual who files claims 
     alleging that a practice is an unlawful employment practice 
     under this Act and an unlawful employment practice because of 
     sex under title VII of the Civil Rights Act of 1964 (42 
     U.S.C. 2000e et seq.) shall not be permitted to recover 
     damages for such practice under both of--
       (1) this Act; and
       (2) section 1977A of the Revised Statutes (42 U.S.C. 1981a) 
     and title VII of the Civil Rights Act of 1964.
       (e) Motivating Factor Decisions.--On a claim in which an 
     individual proved a violation under section 4(h) and a 
     respondent demonstrates that the respondent would have taken 
     the same action in the absence of the impermissible 
     motivating factor, the court--
       (1) may grant declaratory relief, injunctive relief (except 
     as provided in paragraph (2)), and attorney's fees and costs 
     demonstrated to be directly attributable only to the pursuit 
     of a claim under section 4(h); and
       (2) shall not award damages or issue an order requiring any 
     admission, reinstatement, hiring, promotion, or payment.

     SEC. 11. STATE AND FEDERAL IMMUNITY.

       (a) Abrogation of State Immunity.--A State shall not be 
     immune under the 11th Amendment to the Constitution from a 
     suit brought in a Federal court of competent jurisdiction for 
     a violation of this Act.
       (b) Waiver of State Immunity.--
       (1) In general.--
       (A) Waiver.--A State's receipt or use of Federal financial 
     assistance for any program or activity of a State shall 
     constitute a waiver of sovereign immunity, under the 11th 
     Amendment to the Constitution or otherwise, to a suit brought 
     by an employee or applicant for employment of that program or 
     activity under this Act for a remedy authorized under 
     subsection (d).
       (B) Definition.--In this paragraph, the term ``program or 
     activity'' has the meaning given the term in section 606 of 
     the Civil Rights Act of 1964 (42 U.S.C. 2000d-4a).
       (2) Effective date.--With respect to a particular program 
     or activity, paragraph (1) applies to conduct occurring on or 
     after the day, after the date of enactment of this Act, on 
     which a State first receives or uses Federal financial 
     assistance for that program or activity.
       (c) Remedies Against State Officials.--An official of a 
     State may be sued in the official capacity of the official by 
     any employee or applicant for employment who has complied 
     with the applicable procedures of section 10, for equitable 
     relief that is authorized under this Act. In such a suit the 
     court may award to the prevailing party those costs 
     authorized by section 722 of the Revised Statutes (42 U.S.C. 
     1988).
       (d) Remedies Against the United States and the States.--
     Notwithstanding any other provision of this Act, in an action 
     or administrative proceeding against the United States or a 
     State for a violation of this Act, remedies (including 
     remedies at law and in equity, and interest) are available 
     for the violation to the same extent as the remedies are 
     available for a violation of title VII of the Civil Rights 
     Act of 1964 (42 U.S.C. 2000e et seq.) by a private entity, 
     except that--
       (1) punitive damages are not available; and
       (2) compensatory damages are available to the extent 
     specified in section 1977A(b) of the Revised Statutes (42 
     U.S.C. 1981a(b)).

     SEC. 12. ATTORNEYS' FEES.

       (a) Definition.--For purposes of this section, the term 
     ``decisionmaker'' means an entity described in section 10(a) 
     (other than paragraph (4) of such section), acting in the 
     discretion of the entity.

[[Page S7841]]

       (b) Authority.--Notwithstanding any other provision of this 
     Act, in an action or administrative proceeding for a 
     violation of this Act, a decisionmaker may allow the 
     prevailing party, other than the Commission or the United 
     States, a reasonable attorney's fee (including expert fees) 
     as part of the costs, to the same extent as is permitted 
     under title VII of the Civil Rights Act of 1964 (42 U.S.C. 
     2000e et seq.), sections 302 and 304 of the Government 
     Employee Rights Act of 1991 (42 U.S.C. 2000e-16b and 2000e-
     16c), the Congressional Accountability Act of 1995 (2 U.S.C. 
     1301 et seq.), or chapter 5 of title 3, United States Code, 
     whichever applies to the prevailing party in that action or 
     proceeding. The Commission and the United States shall be 
     liable for the costs to the same extent as a private person.

     SEC. 13. POSTING NOTICES.

       A covered entity who is required to post a notice described 
     in section 711 of the Civil Rights Act of 1964 (42 U.S.C. 
     2000e-10) may be required to post an amended notice, 
     including a description of the applicable provisions of this 
     Act, in the manner prescribed by, and subject to the penalty 
     provided under, section 711 of the Civil Rights Act of 1964. 
     Nothing in this Act shall be construed to require a separate 
     notice to be posted.

     SEC. 14. REGULATIONS.

       (a) In General.--Except as provided in subsections (b), 
     (c), and (d), the Commission shall have authority to issue 
     regulations to carry out this Act.
       (b) Librarian of Congress.--The Librarian of Congress shall 
     have authority to issue regulations to carry out this Act 
     with respect to employees and applicants for employment of 
     the Library of Congress.
       (c) Board.--The Board referred to in section 10(a)(3) shall 
     have authority to issue regulations to carry out this Act, in 
     accordance with section 304 of the Congressional 
     Accountability Act of 1995 (2 U.S.C. 1384), with respect to 
     covered employees, as defined in section 101 of such Act (2 
     U.S.C. 1301).
       (d) President.--The President shall have authority to issue 
     regulations to carry out this Act with respect to covered 
     employees, as defined in section 411(c) of title 3, United 
     States Code, and applicants for employment as such employees.

     SEC. 15. RELATIONSHIP TO OTHER LAWS.

       This Act shall not invalidate or limit the rights, 
     remedies, or procedures available to an individual claiming 
     discrimination prohibited under any other Federal law or 
     regulation or any law or regulation of a State or political 
     subdivision of a State.

     SEC. 16. SEVERABILITY.

       If any provision of this Act, or the application of the 
     provision to any person or circumstance, is held to be 
     invalid, the remainder of this Act and the application of the 
     provision to any other person or circumstances shall not be 
     affected by the invalidity.

     SEC. 17. EFFECTIVE DATE.

       This Act shall take effect on the date that is 6 months 
     after the date of enactment of this Act and shall not apply 
     to conduct occurring before the effective date.

  The PRESIDING OFFICER. The majority leader.


                           Amendment No. 2012

  Mr. REID. Madam President, I have an amendment to the committee-
reported substitute at the desk.
  The PRESIDING OFFICER. The clerk will report the amendment.
  The legislative clerk read as follows:

       The Senator from Nevada [Mr. Reid], for Mr. Portman, for 
     himself, Ms. Ayotte, Mr. Heller, Mr. Hatch, and Mr. McCain, 
     proposes an amendment numbered 2012.

  (The amendment is printed in today's Record under ``Text of 
Amendments.'')
  Mr. REID. Madam President, I ask for the yeas and nays on that 
amendment.
  The PRESIDING OFFICER. Is there a sufficient second?
  There appears to be a sufficient second.
  The yeas and nays were ordered.


                Amendment No. 2013 to Amendment No. 2012

  Mr. REID. Madam President, I have a second-degree amendment at the 
desk.
  The PRESIDING OFFICER. The clerk will report the amendment.
  The legislative clerk read as follows:

       The Senator from Nevada [Mr. Reid], for Mr. Toomey, for 
     himself and Mr. Flake, proposes an amendment numbered 2013 to 
     amendment No. 2012.

  The amendment is as follows:

(Purpose: To strike the appropriate balance between protecting workers 
                   and protecting religious freedom)

       In section 6, insert before ``This Act'' the following: 
     ``(a) In General.--''.
       In section 6, insert at the end the following:
       (b) In Addition.--In addition, an employer, regardless of 
     whether the employer or an employee in the employment 
     position at issue engages in secular activities as well as 
     religious activities, shall not be subject to this Act if--
       (1) the employer is in whole or in substantial part owned, 
     controlled, or managed by a particular religion or by a 
     particular religious corporation, association, or society;
       (2) the employer is officially affiliated with a particular 
     religion or with a particular religious corporation, 
     association, or society; or
       (3) the curriculum of such employer is directed toward the 
     propagation of a particular religion.


                           Amendment No. 2014

  Mr. REID. Madam President, I have an amendment to the underlying bill 
which is at the desk.
  The legislative clerk read as follows:

       The Senator from Nevada [Mr. Reid] proposes an amendment 
     numbered 2014 to the language proposed to be stricken by the 
     committee substitute.

  The amendment is as follows:

       At the end, add the following:
       This Act shall become effective 3 days after enactment.

  Mr. REID. Madam President, I ask for the yeas and nays on the 
amendment that was just reported.
  The PRESIDING OFFICER. Is there a sufficient second?
  There appears to be a sufficient second.
  The yeas and nays were ordered.


                Amendment No. 2015 to Amendment No. 2014

  Mr. REID. Madam President, I have a second-degree amendment at the 
desk.
  The PRESIDING OFFICER. The clerk will report the amendment.
  The legislative clerk read as follows:

       The Senator from Nevada [Mr. Reid] proposes an amendment 
     numbered 2015 to amendment No. 2014.

  The amendment is as follows:

       In the amendment, strike ``3 days'' and insert ``4 days''.


               Motion to Recommit with Amendment No. 2016

  Mr. REID. Madam President, I have a motion to recommit S. 815, with 
instructions, which is at the desk.
  The PRESIDING OFFICER. The clerk will report the motion.
  The legislative clerk read as follows:

       The Senator from Nevada [Mr. Reid] moves to recommit the 
     bill to the Committee on Health, Education, Labor and 
     Pensions with instructions to report back forthwith with an 
     amendment numbered 2016.

  The amendment is as follows:

       At the end, add the following:
       This Act shall become effective 5 days after the enactment.

  Mr. REID. Madam President, I ask for the yeas and nays on the motion.
  The PRESIDING OFFICER. Is there a sufficient second?
  There is a sufficient second.
  The yeas and nays were ordered.


                           Amendment No. 2017

  Mr. REID. Madam President, I have an amendment to the instructions at 
the desk.
  The PRESIDING OFFICER. The clerk will report the amendment.
  The legislative clerk read as follows:

       The Senator from Nevada [Mr. Reid] proposes an amendment 
     numbered 2017 to the instructions (amendment No. 2016) of the 
     motion to recommit.

  The amendment is as follows:

       In the amendment, strike ``5 days'' and insert ``6 days.''

  Mr. REID. Madam President, I ask for the yeas and nays on the 
amendment.
  The PRESIDING OFFICER. Is there a sufficient second?
  There appears to be a sufficient second.
  The yeas and nays were ordered.


                Amendment No. 2018 to Amendment No. 2017

  Mr. REID. Madam President, I have a second-degree amendment at the 
desk.
  The PRESIDING OFFICER. The clerk will report the amendment.
  The legislative clerk read as follows:

       The Senator from Nevada [Mr. Reid] proposes an amendment 
     numbered 2018 to amendment No. 2017.

  The amendment is as follows:
       In the amendment, strike ``6 days'' and insert ``7 days''.

                          ____________________