[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 844 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                 S. 844

 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

               April 29 (legislative day, April 19), 1993

     Mr. Gorton (for himself, Mr. Craig, Mr. Nunn, Mr. McCain, Mr. 
 DeConcini, Mr. Reid, Mr. Warner, Mr. Bond, Mr. Grassley, Mr. Shelby, 
Mr. Cochran, and Mr. Bingaman) 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 ``Fairness for Adopted Children 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.

                                 <all>

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