[Congressional Record Volume 142, Number 118 (Tuesday, September 3, 1996)]
[Senate]
[Pages S9750-S9755]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                      THE DEFENSE OF MARRIAGE ACT

                                 ______
                                 

                    NICKLES AMENDMENT NO. 5168-5170

  (Ordered to lie on the table.)
  Mr. NICKLES submitted three amendments intended to be proposed by him 
to the bill (H.R. 3396) to define and protect the institution of 
marriage; as follows:

                           Amendment No. 5168

       At the appropriate place in the bill, insert the following 
     new sections:

     SEC.   . REIMBURSEMENT OF CERTAIN ATTORNEY FEES AND COSTS.

       (a) In General.--The Secretary of the Treasury shall pay, 
     from amounts in the Treasury not otherwise appropriated, such 
     sums as are necessary to reimburse former employees of the 
     White House Travel Office whose employment in that Office was 
     terminated on May 19, 1993, for any attorney fees and costs 
     they incurred with respect to that termination.
       (b) Verification Required.--The Secretary shall pay an 
     individual in full under subsection (a) upon submission by 
     the individual of documentation verifying the attorney fees 
     and costs.
       (c) No Inference of Liability.--Liability of the United 
     States shall not be inferred from enactment of or payment 
     under this section.

     SEC.   . LIMITATION ON FILING OF CLAIMS.

       The Secretary of the Treasury shall not pay any claim filed 
     under this Act that is filed later than 120 days after the 
     date of the enactment of this Act.

     SEC.   . REDUCTION.

       The amount paid pursuant to this Act to an individual for 
     attorneys fees and costs described in section    shall be 
     reduced by any amount received before the date of the 
     enactment of this Act, without obligation for repayment by 
     the individual, for payment of such attorney fees and costs 
     (including any amount received from the funds appropriated 
     for the individual in the matter relating to the ``Office of 
     the General Counsel'' under the heading ``Office of the 
     Secretary'' in title I of the Department of Transportation 
     and Related Agencies Appropriations Act, 1994).

     SEC.   . PAYMENT IN FULL SETTLEMENT OF CLAIMS AGAINST THE 
                   UNITED STATES.

       Payment under this Act, when accepted by an individual 
     described in section   , shall be in full satisfaction of all 
     claims of, or on behalf of, the individual against the United 
     States that arose out of the termination of the White House 
     Travel Office employment of that individual on May 19, 1993.
                                 ______
                                 

                           Amendment No. 5169

       At the appropriate place in the bill, insert the following 
     new sections:

     SEC.    . SHORT TITLE.

       This Act may be cited as the ``Workers Political Freedom 
     Act of 1996''.

     SEC.    . WORKERS' POLITICAL RIGHTS.

       (a) Unfair Labor Practices by Employees Prohibited.--
     Section 8(a) of the National Labor Relations Act (29 U.S.C. 
     158(a)) is amended by--
       (1) striking the period at the end of paragraph (5) and 
     inserting in lieu thereof ``; or''; and
       (2) adding after paragraph (5) the following new paragraph:
       ``(6) to receive from an employee dues, initiation fees, 
     assessments, or other payments as a condition of employment 
     for use for political activities in which the employer is 
     engaged unless with the prior written voluntary authorization 
     of the employee.''
       (b) Unfair Labor Practices by Labor Organizations 
     Prohibited.--Section 8(b) of the National Labor Relations Act 
     (29 U.S.C. 158(b)) is amended by--
       (1) striking ``and'' at the end of paragraph (6);
       (2) striking the period at the end of paragraph (7) and 
     inserting in lieu thereof a semicolon; and
       (3) adding after paragraph (7) the following new paragraph 
     :
       ``(8) to receive from a member or nonmember dues, 
     initiation fees, assessments, or other payments as a 
     condition of membership in the labor organization or as a 
     condition of employment for use for political activities in 
     which the labor organization is engaged unless with the prior 
     written voluntary authorization of the member or nonmember: 
     Provided, That nothing in this paragraph shall be construed 
     to deprive the courts of their concurrent jurisdiction over 
     claims that a labor organization's use of the monies 
     specified in this paragraph, or over the procedures for 
     objecting to such spending, breaches the duty of fair 
     representation.''.
                                                                    ____


                           Amendment No. 5170

       At the appropriate place in the bill, insert the following 
     new section:

     SEC.    . REQUIREMENT TO COMPLY WITH 5-YEAR TIME LIMIT FOR 
                   WELFARE ASSISTANCE.

       (a) In General.--Not later than 10 days after the date of 
     the enactment of this Act, the Secretary of Health and Human 
     Services (in this Act referred to as the ``Secretary'') shall 
     rescind approval of the waiver described in subsection (b). 
     Upon such rescission, the Secretary shall immediately approve 
     such waiver in accordance with subsection (c).
       (b) Waiver Described.--The waiver described in this 
     subsection is the approval by the Secretary on August 19, 
     1996, of the District of Columbia's Welfare Reform 
     Demonstration Special Application for waivers, which was 
     submitted under section 1115 of the Social Security Act, and 
     entitled the District of Columbia's Project on Work, 
     Employment, and Responsibility (POWER).
       (c) Condition for Waiver Approval.--The Secretary of Health 
     and Human Services shall not approve any part of the waiver 
     described in subsection (b) that relates to a time limit on 
     receipt of assistance.
                                 ______
                                 

                KENNEDY (AND OTHERS) AMENDMENT NO. 5171

  (Ordered to lie on the table.)
  Mr. KENNEDY (for himself, Mr. Jeffords, and Mr. Lieberman) submitted 
an amendment intended to be proposed by them to the bill, H.R. 3396, 
supra; as follows:


[[Page S9751]]


       Insert before section 1 the following:
                      TITLE I--DEFENSE OF MARRIAGE
       In section 1, strike ``This Act'' and insert ``This 
     title''.
       At the end of the bill, add the following new title:
                TITLE ____--EMPLOYMENT NONDISCRIMINATION

     SEC. ____01. SHORT TITLE.

       This title may be cited as the ``Employment 
     Nondiscrimination Act of 1996''.

     SEC. ____02. PURPOSES.

       It is the purpose of this title--
       (1) to provide a comprehensive Federal prohibition of 
     employment discrimination on the basis of sexual orientation;
       (2) to provide meaningful and effective remedies for 
     employment discrimination on the basis of sexual orientation; 
     and
       (3) to invoke congressional powers, including the powers to 
     enforce the 14th amendment to the Constitution and to 
     regulate commerce, in order to prohibit employment 
     discrimination on the basis of sexual orientation.

     SEC. ____03. DEFINITIONS.

       As used in this title:
       (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, joint labor 
     management committee, an entity to which section 717(a) of 
     the Civil Rights Act of 1964 (42 U.S.C. 2000e-16(a)) applies, 
     an employing authority to which section 302(a)(1) of the 
     Government Employee Rights Act of 1991 (2 U.S.C. 1202(a)(1)) 
     applies, or an employing authority to which section 201(a)(1) 
     of the Congressional Accountability Act of 1995 (2 U.S.C. 
     1311(a)(1)) applies.
       (3) Employee.--The term ``employee'' means an employee, as 
     defined in section 701(f) of the Civil Rights Act of 1964 (42 
     U.S.C. 2000e(f)), an employee or applicant to whom section 
     717(a) of the Civil Rights Act of 1964 applies, a 
     Presidential appointee or State employee to whom section 
     302(a)(1) of the Government Employee Rights Act of 1991 
     applies, and a covered employee to whom section 201(a)(1) of 
     the Congressional Accountability Act of 1995 applies. The 
     term ``employee'' does not include an individual who 
     volunteers to perform services if the individual receives no 
     compensation for such services.
       (4) Employer.--the term ``employer'' means 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 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 such term 
     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.
       (5) Employment agency.--The term ``employment agency'' has 
     the meaning given such term in section 701(c) of the Civil 
     Rights Act of 1964 (42 U.S.C. 2000e(c)).
       (6) Employment or employment opportunities.--Except as 
     provided in section ____09(a)(1), the term ``employment or 
     employment opportunities'' includes job application 
     procedures, hiring, advancement, discharge, compensation, job 
     training, or any other term, condition, or privilege of 
     employment.
       (7) Individual.--The term ``individual'' includes an 
     employee.
       (8) Labor organization.--The term ``labor organization'' 
     has the meaning given such 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 such 
     term in section 701(a) of the Civil Rights Act of 1964 (42 
     U.S.C. 2000e(a)).
       (10) Religious organization.--The term ``religious 
     organization'' means--
       (A) a religious corporation, association, or society; or
       (B) a college, school, university, or other educational 
     institution, not otherwise a religious organization, if--
       (i) it is in whole or substantial part controlled, managed, 
     owned, or supported by a religious corporation, association, 
     or society; or
       (ii) its curriculum is directed toward the propagation of a 
     particular religion.
       (11) Sexual orientation.--The term ``sexual orientation'' 
     means homosexuality, bisexuality, or heterosexuality, whether 
     such orientation is real or perceived.
       (12) State.--The term ``State'' has the meaning given such 
     term in section 701(i) of the Civil Rights Act of 1964 (42 
     U.S.C. 2000e(i)).

     SEC. ____04. DISCRIMINATION PROHIBITED.

       A covered entity shall not, with respect to the employment 
     or employment opportunities of an individual--
       (1) subject the individual to a different standard or 
     different treatment on the basis of sexual orientation;
       (2) discriminate against the individual based on the sexual 
     orientation of a person with whom the individual is believed 
     to associate or to have associated; or
       (3) otherwise discriminate against the individual on the 
     basis of sexual orientation.

     SEC. ____05. BENEFITS.

       This title does not apply to the provision of employee 
     benefits to an individual for the benefit of such 
     individual's partner.

     SEC. ____06. NO DISPARATE IMPACT.

       The fact that an employment practice has a disparate 
     impact, as the term ``disparate impact'' is used in section 
     703(k) of the Civil Rights Act of 1964 (42 U.S.C. 2000e-
     2(k)), on the basis of sexual orientation does not establish 
     a prima facie violation of this title.

     SEC. ____07. QUOTAS AND PREFERENTIAL TREATMENT PROHIBITED.

       (a) Quotas.--A covered entity shall not adopt or implement 
     a quota on the basis of sexual orientation.
       (b) Preferential Treatment.--A covered entity shall not 
     give preferential treatment to an individual on the basis of 
     sexual orientation.

     SEC. ____08. RELIGIOUS EXEMPTION.

       (a) In General.--Except as provided in subsection (b), this 
     title shall not apply to a religious organization.
       (b) For-Profit Activities.--This title shall apply with 
     respect to employment and employment opportunities that 
     relate to any employment position that pertains solely to a 
     religious organization's for-profit activities subject to 
     taxation under section 511(a) of the Internal Revenue Code of 
     1986.

     SEC. ____09. NONAPPLICATION TO MEMBERS OF THE ARMED FORCES; 
                   VETERANS' PREFERENCES.

       (a) Armed Forces.--
       (1) Employment or employment opportunities.--For purposes 
     of this title, the term ``employment or employment 
     opportunities'' does not apply to the relationship between 
     the United States and members of the Armed Forces.
       (2) Armed forces.--As used 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 for a veteran.

     SEC. ____10. CONSTRUCTION.

       Nothing in this title shall be construed to prohibit a 
     covered entity from enforcing rules regarding nonprivate 
     sexual conduct, if such rules of conduct are designed for, 
     and uniformly applied to, all individuals regardless of 
     sexual orientation.

     SEC. ____11. ENFORCEMENT.

       (a) Enforcement Powers.--With respect to the administration 
     and enforcement of this title in the case of a claim alleged 
     by an individual for a violation of this title--
       (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, 303, and 304 of the Government Employee 
     Rights Act of 1991 (2 U.S.C. 1202, 1203, and 1204);

     in the case of a claim alleged by such individual for a 
     violation of such title or of section 302(a)(1) of such Act 
     (2 U.S.C. 1202(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 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, 303, and 304 of the Government Employee 
     Rights Act of 1991 (2 U.S.C. 1202, 1203, and 1204);

     in the case of a claim alleged by such individual for a 
     violation of such title or of section 302(a)(1) of such Act, 
     respectively; and
       (5) a court of the United States shall have the same 
     jurisdiction and powers as such 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, 303, and 304 of the Government Employee 
     Rights Act of 1991 (2 U.S.C. 1202, 1203, and 1204) in the 
     case of a claim alleged by such individual for a violation of 
     section 302(a)(1) of such Act; and
       (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.
       (b) Procedures and Remedies.--The procedures and remedies 
     applicable to a claim alleged by an individual for a 
     violation of this title 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 (2 U.S.C. 1202(a)(1)) in the case of a claim alleged by 
     such individual for a violation of such section; and
       (3) the procedures and remedies applicable for a violation 
     of section 201(a)(1) of the Congressional Accountability Act 
     of 1995 (2

[[Page S9752]]

     U.S.C. 1311(a)(1)) in the case of a claim alleged by such 
     individual for a violation of such section.
       (c) Other Applicable Provisions.--With respect to claims 
     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 title, 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.

     SEC. ____12. FEDERAL AND STATE IMMUNITY.

       (a) State Immunity.--A State shall not be immune under the 
     eleventh amendment to the Constitution of the United States 
     from an action in a Federal court of competent jurisdiction 
     for a violation of this title. In an action against a State 
     for a violation of this title, remedies (including remedies 
     at law and in equity) are available for the violation to the 
     same extent as such remedies are available in an action 
     against any public or private entity other than a State.
       (b) Liability of the United States.--The United States 
     shall be liable for all remedies (excluding punitive damages) 
     under this title to the same extent as a private person and 
     shall be liable to the same extent as a nonpublic party for 
     interest to compensate for delay in payment.

     SEC. ____13. ATTORNEYS' FEES.

       In any action or administrative proceeding commenced 
     pursuant to this title, an entity described in section 
     ____11(a), in its discretion, may allow the prevailing party, 
     other than the United States, a reasonable attorney's fee, 
     including expert fees and other litigation expenses, and 
     costs. The United States shall be liable for the fees, 
     expenses and costs described in the preceding sentence to the 
     same extent as a private person.

     SEC. ____14. RETALIATION AND COERCION PROHIBITED.

       (a) Retaliation.--A covered entity shall not discriminate 
     against an individual because such individual opposed any act 
     or practice prohibited by this title or because such 
     individual made a charge, assisted, testified, or 
     participated in any manner in an investigation, proceeding, 
     or hearing under this title.
       (b) Coercion.--A person shall not coerce, intimidate, 
     threaten, or interfere with any individual in the exercise or 
     enjoyment of, or on account of such individual's having 
     exercised, enjoyed, assisted, or encouraged the exercise or 
     enjoyment of, any right granted or protected by this title.

     SEC. ____15. POSTING NOTICES.

       A covered entity shall post notices for employees, 
     applicants for employment, and members describing the 
     applicable provisions of this title in the manner prescribed 
     by, and subject to the penalty provided under, section 711 of 
     the Civil Rights Act of 1964 (42 U.S.C. 2000e-10).

     SEC. ____16. REGULATIONS.

       (a) In General.--Except as provided in subsections (b) and 
     (c), the Commission shall have authority to issue regulations 
     to carry out this title.
       (b) Librarian of Congress.--The Librarian of Congress shall 
     have authority to issue regulations to carry out this title 
     with respect to employees of the Library of Congress.
       (c) Board.--The Board referred to in section ____11(a)(3) 
     shall have authority to issue regulations to carry out this 
     title, in accordance with section 304 of the Congressional 
     Accountability Act of 1995 (2 U.S.C. 1384), with respect to 
     covered employees to which section 201(a)(1) of such Act 
     applies (2 U.S.C. 1311(a)(1)).

     SEC. ____17. RELATIONSHIP TO OTHER LAWS.

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

     SEC. ____18. SEVERABILITY.

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

     SEC. ____19. EFFECTIVE DATE.

       This title shall take effect 60 days after the date of 
     enactment of this title and shall not apply to conduct 
     occurring before such effective date.
                                 ______
                                 

                FEINSTEIN (AND WYDEN) AMENDMENT NO. 5172

  (Ordered to lie on the table.)
  Mrs. FEINSTEIN (for herself and Mr. Wyden) submitted an amendment 
intended to be proposed by them to the bill, H.R. 3396, supra; as 
follows:

       At the appropriate place in the bill, insert the following:

     SEC.   . FEDERALLY PROTECTED ACTIVITIES.

       Section 245(b) of title 18, United States Code, is 
     amended--
       (1) in paragraph (2) in the matter before subparagraph (A), 
     by inserting ``, sexual orientation,'' after ``religion''; 
     and
       (2) in paragraph (4)(A), by inserting ``, sexual 
     orientation,'' after ``religion''.
                                 ______
                                 

                     LAUTENBERG AMENDMENT NO. 5173

  (Ordered to lie on the table.)
  Mr. LAUTENBERG submitted an amendment intended to be proposed by him 
to the bill, H.R. 3396, supra; as follows:

       At the appropriate place ________, insert the following:

     SEC.   . GUN BAN FOR INDIVIDUALS COMMITTING DOMESTIC 
                   VIOLENCE.

       (a) Definitions.--Section 921(a) of title 18, United States 
     Code, is amended by adding at the end the following new 
     paragraph:
       ``(33) The term `crime involving domestic violence' means a 
     felony or misdemeanor crime of violence, regardless of 
     length, term, or manner of punishment, committed by a current 
     or former spouse, parent, or guardian of the victim, by a 
     person with whom the victim shares a child in common, by a 
     person who is cohabiting with or has cohabited with the 
     victim as a spouse, parent, or guardian, or by a person 
     similarly situated to a spouse, parent, or guardian of the 
     victim under the domestic or family violence laws of the 
     jurisdiction in which such felony or misdemeanor was 
     committed.''.
       (b) Unlawful Acts.--Section 922 of title 18, United States 
     Code, is amended--
       (1) in subsection (d)--
       (A) by striking ``or'' at the end of paragraph (7);
       (B) by striking the period at the end of paragraph (8) and 
     inserting ``; or''; and
       (C) by inserting after paragraph (8) the following new 
     paragraph:
       ``(9) has been convicted in any court of any crime 
     involving domestic violence, if the individual has been 
     represented by counsel or knowingly and intelligently waived 
     the right to counsel.'';
       (2) in subsection (g)--
       (A) by striking ``or'' at the end of paragraph (7);
       (B) in paragraph (8), by striking the comma and inserting 
     ``; or''; and
       (C) by inserting after paragraph (8) the following new 
     paragraph:
       ``(9) has been convicted in any court of any crime 
     involving domestic violence, if the individual has been 
     represented by counsel or knowingly and intelligently waived 
     the right to counsel,''; and
       (3) in subsection (s)(3)(B)(i), by inserting before the 
     semicolon the following: ``and has not been convicted in any 
     court of any crime involving domestic violence, if the 
     individual has been represented by counsel or knowingly and 
     intelligently waived the right to counsel''.
       (c) Rules and Regulations.--Section 926(a) of title 18, 
     United States Code, is amended--
       (1) by striking ``and'' at the end of paragraph (2);
       (2) by striking the period at the end of paragraph (3) and 
     inserting ``; and''; and
       (3) by inserting after paragraph (3) the following new 
     paragraph:
       ``(4) regulations providing for the effective receipt and 
     secure storage of firearms relinquished by or seized from 
     persons described in subsection (d)(9) or (g)(9) of section 
     922.''.
                                 ______
                                 

                BRADLEY (AND OTHERS) AMENDMENT NO. 5174

  (Ordered to lie on the table.)
  Mr. BRADLEY (for himself, Mrs. Kassebaum, and Mr. Frist) submitted an 
amendment intended to be proposed by them to the bill, H.R. 3396, 
supra; as follows:

       At the appropriate place, add the following:
    TITLE ____--NEWBORNS' AND MOTHERS' HEALTH PROTECTION ACT OF 1996

     SEC. ____1. SHORT TITLE.

       This title may be cited as the ``Newborns' and Mothers' 
     Health Protection Act of 1996''.

     SEC. ____2. FINDINGS.

       Congress finds that--
       (1) the length of post-delivery inpatient care should be 
     based on the unique characteristics of each mother and her 
     newborn child, taking into consideration the health of the 
     mother, the health and stability of the newborn, the ability 
     and confidence of the mother and father to care for the 
     newborn, the adequacy of support systems at home, and the 
     access of the mother and newborn to appropriate follow-up 
     health care; and
       (2) the timing of the discharge of a mother and her newborn 
     child from the hospital should be made by the attending 
     provider in consultation with the mother.

     SEC. ____3. REQUIRED COVERAGE FOR MINIMUM HOSPITAL STAY 
                   FOLLOWING BIRTH.

       (a) In General.--Except as provided in subsection (b), a 
     health plan or an employee health benefit plan that provides 
     maternity benefits, including benefits for childbirth, shall 
     ensure that coverage is provided with respect to a mother who 
     is a participant, beneficiary, or policyholder under such 
     plan and her newborn child for a minimum of 48 hours of 
     inpatient length of stay following a normal vaginal delivery, 
     and a minimum of 96 hours of inpatient length of stay 
     following a caesarean section, without requiring the 
     attending provider to obtain authorization from the health 
     plan or employee health benefit plan.
       (b) Exception.--Notwithstanding subsection (a), a health 
     plan or an employee health benefit plan shall not be required 
     to provide coverage for post-delivery inpatient length of 
     stay for a mother who is a participant, beneficiary, or 
     policyholder under such plan and her newborn child for the 
     period referred to in subsection (a) if--
       (1) a decision to discharge the mother and her newborn 
     child prior to the expiration of such period is made by the 
     attending provider in consultation with the mother; and

[[Page S9753]]

       (2) the health plan or employee health benefit plan 
     provides coverage for post-delivery follow-up care as 
     described in section ____4.

     SEC. ____4. POST-DELIVERY FOLLOW-UP CARE.

       (a) In General.--
       (1) General rule.--In the case of a decision to discharge a 
     mother and her newborn child from the inpatient setting prior 
     to the expiration of 48 hours following a normal vaginal 
     delivery or 96 hours following a caesarean section, the 
     health plan or employee health benefit plan shall provide 
     coverage for timely post-delivery care. Such health care 
     shall be provided to a mother and her newborn child by a 
     registered nurse, physician, nurse practitioner, nurse 
     midwife or physician assistant experienced in maternal and 
     child health in--
       (A) the home, a provider's office, a hospital, a birthing 
     center, an intermediate care facility, a federally qualified 
     health center, a federally qualified rural health clinic, or 
     a State health department maternity clinic; or
       (B) another setting determined appropriate under 
     regulations promulgated by the Secretary, in consultation 
     with the Secretary of Health and Human Services;

     except that such coverage shall ensure that the mother has 
     the option to be provided with such care in the home. The 
     attending provider in consultation with the mother shall 
     decide the most appropriate location for follow-up care.
       (2) Considerations by secretary.--In promulgating 
     regulations under paragraph (1)(B), the Secretary shall 
     consider telemedicine and other innovative means to provide 
     follow-up care and shall consider care in both urban and 
     rural settings.
       (b) Timely Care.--As used in subsection (a), the term 
     ``timely post-delivery care'' means health care that is 
     provided--
       (1) following the discharge of a mother and her newborn 
     child from the inpatient setting; and
       (2) in a manner that meets the health care needs of the 
     mother and her newborn child, that provides for the 
     appropriate monitoring of the conditions of the mother and 
     child, and that occurs not later than the 72-hour period 
     immediately following discharge.
       (c) Consistency With State Law.--The Secretary shall, with 
     respect to regulations promulgated under subsection (a) 
     concerning appropriate post-delivery care settings, ensure 
     that, to the extent practicable, such regulations are 
     consistent with State licensing and practice laws.

     SEC. ____5. PROHIBITIONS.

       In implementing the requirements of this title, a health 
     plan or an employee health benefit plan may not--
       (1) deny enrollment, renewal, or continued coverage to a 
     mother and her newborn child who are participants, 
     beneficiaries or policyholders based on compliance with this 
     title;
       (2) provide monetary payments or rebates to mothers to 
     encourage such mothers to request less than the minimum 
     coverage required under this title;
       (3) penalize or otherwise reduce or limit the reimbursement 
     of an attending provider because such provider provided 
     treatment in accordance with this title; or
       (4) provide incentives (monetary or otherwise) to an 
     attending provider to induce such provider to provide 
     treatment to an individual policyholder, participant, or 
     beneficiary in a manner inconsistent with this title.

     SEC. ____6. NOTICE.

       (a) Employee Health Benefit Plan.--An employee health 
     benefit plan shall provide conspicuous notice to each 
     participant regarding coverage required under this Act not 
     later than 120 days after the date of enactment of this 
     title, and as part of its summary plan description.
       (b) Health Plan.--A health plan shall provide notice to 
     each policyholder regarding coverage required under this 
     title. Such notice shall be in writing, prominently 
     positioned, and be transmitted--
       (1) in a mailing made within 120 days of the date of 
     enactment of this title by such plan to the policyholder; and
       (2) as part of the annual informational packet sent to the 
     policyholder.

     SEC. ____7. APPLICABILITY.

       (a) Construction.--
       (1) In general.--A requirement or standard imposed under 
     this title on a health plan shall be deemed to be a 
     requirement or standard imposed on the health plan issuer. 
     Such requirements or standards shall be enforced by the State 
     insurance commissioner for the State involved or the official 
     or officials designated by the State to enforce the 
     requirements of this title. In the case of a health plan 
     offered by a health plan issuer in connection with an 
     employee health benefit plan, the requirements or standards 
     imposed under this title shall be enforced with respect to 
     the health plan issuer by the State insurance commissioner 
     for the State involved or the official or officials 
     designated by the State to enforce the requirements of this 
     title.
       (2) Limitation.--Except as provided in section ____8(c), 
     the Secretary shall not enforce the requirements or standards 
     of this title as they relate to health plan issuers or health 
     plans. In no case shall a State enforce the requirements or 
     standards of this title as they relate to employee health 
     benefit plans.
       (b) Rule of Construction.--Nothing in this title shall be 
     construed to affect or modify the provisions of section 514 
     of the Employee Retirement Income Security Act of 1974 (29 
     U.S.C. 1144).
       (c) Rule of Construction.--Nothing in this title shall be 
     construed to require that a mother who is a participant, 
     beneficiary, or policyholder covered under this title--
       (1) give birth in a hospital; or
       (2) stay in the hospital for a fixed period of time 
     following the birth of her child.

     SEC. ____8. ENFORCEMENT.

       (a) Health Plan Issuers.--Each State shall require that 
     each health plan issued, sold, renewed, offered for sale or 
     operated in such State by a health plan issuer meet the 
     standards established under this title. A State shall submit 
     such information as required by the Secretary demonstrating 
     effective implementation of the requirements of this title.
       (b) Employee Health Benefit Plans.--With respect to 
     employee health benefit plans, the standards established 
     under this title shall be enforced in the same manner as 
     provided for under sections 502, 504, 506, and 510 of the 
     Employee Retirement Income Security Act of 1974 (29 U.S.C. 
     1132, 1134, 1136, and 1140). The civil penalties contained in 
     paragraphs (1) and (2) of section 502(c) of such Act (29 
     U.S.C. 1132(c)(1) and (2)) shall apply to any information 
     required by the Secretary to be disclosed and reported under 
     this section.
       (c) Failure to Enforce.--In the case of the failure of a 
     State to substantially enforce the standards and requirements 
     set forth in this title with respect to health plans, the 
     Secretary, in consultation with the Secretary of Health and 
     Human Services, shall enforce the standards of this title in 
     such State. In the case of a State that fails to 
     substantially enforce the standards set forth in this title, 
     each health plan issuer operating in such State shall be 
     subject to civil enforcement as provided for under sections 
     502, 504, 506, and 510 of the Employee Retirement Income 
     Security Act of 1974 (29 U.S.C. 1132, 1134, 1136, and 1140). 
     The civil penalties contained in paragraphs (1) and (2) of 
     section 502(c) of such Act (29 U.S.C. 1132(c)(1) and (2)) 
     shall apply to any information required by the Secretary to 
     be disclosed and reported under this section.
       (d) Regulations.--The Secretary, in consultation with the 
     Secretary of Health and Human Services, may promulgate such 
     regulations as may be necessary or appropriate to carry out 
     this title.

     SEC. ____9. DEFINITIONS.

       As used in this title:
       (1) Attending provider.--The term ``attending provider'' 
     shall include--
       (A) the obstetrician-gynecologists, pediatricians, family 
     physicians, and other physicians primarily responsible for 
     the care of a mother and newborn; and
       (B) the nurse midwives and nurse practitioners primarily 
     responsible for the care of a mother and her newborn child in 
     accordance with State licensure and certification laws.
       (2) Beneficiary.--The term ``beneficiary'' has the meaning 
     given such term under section 3(8) of the Employee Retirement 
     Income Security Act of 1974 (29 U.S.C. 1002(8)).
       (3) Employee health benefit plan.--
       (A) In general.--The term ``employee health benefit plan'' 
     means any employee welfare benefit plan, governmental plan, 
     or church plan (as defined under paragraphs (1), (32), and 
     (33) of section 3 of the Employee Retirement Income 
     Security Act of 1974 (29 U.S.C. 1002 (1), (32), and (33))) 
     that provides or pays for health benefits (such as 
     provider and hospital benefits) for participants and 
     beneficiaries whether--
       (i) directly;
       (ii) through a health plan offered by a health plan issuer 
     as defined in paragraph (4); or
       (iii) otherwise.
       (B) Rule of construction.--An employee health benefit plan 
     shall not be construed to be a health plan or a health plan 
     issuer.
       (C) Arrangements not included.--Such term does not include 
     the following, or any combination thereof:
       (i) Coverage only for accident, or disability income 
     insurance, or any combination thereof.
       (ii) Medicare supplemental health insurance (as defined 
     under section 1882(g)(1) of the Social Security Act).
       (iii) Coverage issued as a supplement to liability 
     insurance.
       (iv) Liability insurance, including general liability 
     insurance and automobile liability insurance.
       (v) Workers compensation or similar insurance.
       (vi) Automobile medical payment insurance.
       (vii) Coverage for a specified disease or illness.
       (viii) Hospital or fixed indemnity insurance.
       (ix) Short-term limited duration insurance.
       (x) Credit-only, dental-only, or vision-only insurance.
       (xi) A health insurance policy providing benefits only for 
     long-term care, nursing home care, home health care, 
     community-based care, or any combination thereof.
       (4) Group purchaser.--The term ``group purchaser'' means 
     any person (as defined under paragraph (9) of section 3 of 
     the Employee Retirement Income Security Act of 1974 (29 
     U.S.C. 1002(9)) or entity that purchases or pays for health 
     benefits (such as provider or hospital benefits) on behalf of 
     participants or beneficiaries in connection with an employee 
     health benefit plan.
       (5) Health plan.--

[[Page S9754]]

       (A) In general.--The term ``health plan'' means any group 
     health plan or individual health plan.
       (B) Group health plan.--The term ``group health plan'' 
     means any contract, policy, certificate or other arrangement 
     offered by a health plan issuer to a group purchaser that 
     provides or pays for health benefits (such as provider and 
     hospital benefits) in connection with an employee health 
     benefit plan.
       (C) Individual health plan.--The term ``individual health 
     plan'' means any contract, policy, certificate or other 
     arrangement offered to individuals by a health plan issuer 
     that provides or pays for health benefits (such as provider 
     and hospital benefits) and that is not a group health plan.
       (D) Arrangements not included.--Such term does not include 
     the following, or any combination thereof:
       (i) Coverage only for accident, or disability income 
     insurance, or any combination thereof.
       (ii) Medicare supplemental health insurance (as defined 
     under section 1882(g)(1) of the Social Security Act).
       (iii) Coverage issued as a supplement to liability 
     insurance.
       (iv) Liability insurance, including general liability 
     insurance and automobile liability insurance.
       (v) Workers compensation or similar insurance.
       (vi) Automobile medical payment insurance.
       (vii) Coverage for a specified disease or illness.
       (viii) Hospital or fixed indemnity insurance.
       (ix) Short-term limited duration insurance.
       (x) Credit-only, dental-only, or vision-only insurance.
       (xi) A health insurance policy providing benefits only for 
     long-term care, nursing home care, home health care, 
     community-based care, or any combination thereof.
       (E) Certain plans included.--Such term includes any plan or 
     arrangement not described in any clause of subparagraph (D) 
     which provides for benefit payments, on a periodic basis, 
     for--
       (i) a specified disease or illness, or
       (ii) a period of hospitalization,

     without regard to the costs incurred or services rendered 
     during the period to which the payments relate.
       (6) Health plan issuer.--The term ``health plan issuer'' 
     means any entity that is licensed (prior to or after the date 
     of enactment of this title) by a State to offer a health 
     plan.
       (7) Participant.--The term ``participant'' has the meaning 
     given such term under section 3(7) of the Employee Retirement 
     Income Security Act of 1974 (29 U.S.C. 1002(7)).
       (8) Secretary.--The term ``Secretary'' unless otherwise 
     specified means the Secretary of Labor.

     SEC. ____10. PREEMPTION.

       (a) In General.--The provisions of sections ____3, ____5, 
     and ____6 relating to inpatient care shall not preempt a 
     State law or regulation--
       (1) that provides greater protections to patients or 
     policyholders than those required in this title;
       (2) that requires health plans to provide coverage for at 
     least 48 hours of inpatient length of stay following a normal 
     vaginal delivery, and at least 96 hours of inpatient length 
     of stay following a caesarean section;
       (3) that requires health plans to provide coverage for 
     maternity and pediatric care in accordance with guidelines 
     established by the American College of Obstetricians and 
     Gynecologists, the American Academy of Pediatrics, or other 
     established professional medical associations; or
       (4) that leaves decisions regarding appropriate length of 
     stay entirely to the attending provider, in consultation with 
     the mother.
       (b) Follow-Up Care.--The provisions of section ____4 
     relating to follow-up care shall not preempt those provisions 
     of State law or regulation that provide comparable or greater 
     protection to patients or policyholders than those required 
     under this title or that provide mothers and newborns with an 
     option of timely post delivery follow-up care (as defined in 
     section ____4(b)) in the home.
       (c) Employee Health Benefit Plans.--Nothing in this section 
     affects the application of this title to employee health 
     benefit plans, as defined in section ____9(3).

     SEC. ____11. REPORTS TO CONGRESS CONCERNING CHILDBIRTH.

       (a) Findings.--Congress finds that--
       (1) childbirth is one part of a continuum of experience 
     that includes prepregnancy, pregnancy and prenatal care, 
     labor and delivery, the immediate postpartum period, and a 
     longer period of adjustment for the newborn, the mother, and 
     the family;
       (2) health care practices across this continuum are 
     changing in response to health care financing and delivery 
     system changes, science and clinical research, and patient 
     preferences; and
       (3) there is a need to--
       (A) examine the issues and consequences associated with the 
     length of hospital stays following childbirth;
       (B) examine the follow-up practices for mothers and 
     newborns used in conjunction with shorter hospital stays;
       (C) identify appropriate health care practices and 
     procedures with regard to the hospital discharge of newborns 
     and mothers;
       (D) examine the extent to which such care is affected by 
     family and environmental factors; and
       (E) examine the content of care during hospital stays 
     following childbirth.
       (b) Advisory Panel.--
       (1) In general.--Not later than 90 days after the date of 
     enactment of this title, the Secretary of Health and Human 
     Services shall establish an advisory panel (hereafter 
     referred to in this section as the ``advisory panel'') to--
       (A) guide and review methods, procedures, and data 
     collection necessary to conduct the study described in 
     subsection (c) that is intended to enhance the quality, 
     safety, and effectiveness of health care services provided to 
     mothers and newborns;
       (B) develop a consensus among the members of the advisory 
     panel regarding the appropriateness of the specific 
     requirements of this title; and
       (C) prepare and submit to the Secretary of Health and Human 
     Services, as part of the report of the Secretary submitted 
     under subsection (d), a report summarizing the consensus 
     developed under subparagraph (B) if any, including the 
     reasons for not reaching such a consensus.
       (2) Participation.--
       (A) Department representatives.--The Secretary of Health 
     and Human Services shall ensure that representatives from 
     within the Department of Health and Human Services that have 
     expertise in the area of maternal and child health or in 
     outcomes research are appointed to the advisory panel 
     established under paragraph (1).
       (B) Representatives of public and private sector 
     entities.--
       (i) In general.--The Secretary of Health and Human Services 
     shall ensure that members of the advisory panel include 
     representatives of public and private sector entities having 
     knowledge or experience in one or more of the following 
     areas:

       (I) Patient care.
       (II) Patient education.
       (III) Quality assurance.
       (IV) Outcomes research.
       (V) Consumer issues.

       (ii) Requirement.--The panel shall include representatives 
     from each of the following categories:

       (I) Health care practitioners.
       (II) Health plans.
       (III) Hospitals.
       (IV) Employers.
       (V) States.
       (VI) Consumers.

       (c) Studies.--
       (1) In general.--The Secretary of Health and Human Services 
     shall conduct a study of--
       (A) the factors affecting the continuum of care with 
     respect to maternal and child health care, including outcomes 
     following childbirth;
       (B) the factors determining the length of hospital stay 
     following childbirth;
       (C) the diversity of negative or positive outcomes 
     affecting mothers, infants, and families;
       (D) the manner in which post natal care has changed over 
     time and the manner in which that care has adapted or related 
     to changes in the length of hospital stay, taking into 
     account--
       (i) the types of post natal care available and the extent 
     to which such care is accessed; and
       (ii) the challenges associated with providing post natal 
     care to all populations, including vulnerable populations, 
     and solutions for overcoming these challenges; and
       (E) the financial incentives that may--
       (i) impact the health of newborns and mothers; and
       (ii) influence the clinical decisionmaking of health care 
     providers.
       (2) Resources.--The Secretary of Health and Human Services 
     shall provide to the advisory panel the resources necessary 
     to carry out the duties of the advisory panel.
       (d) Reports.--
       (1) In general.--The Secretary of Health and Human Services 
     shall prepare and submit to the Committee on Labor and Human 
     Resources of the Senate and the Committee on Commerce of the 
     House of Representatives a report that contains--
       (A) a summary of the study conducted under subsection (c);
       (B) a summary of the best practices used in the public and 
     private sectors for the care of newborns and mothers;
       (C) recommendations for improvements in prenatal care, post 
     natal care, delivery and follow-up care, and whether the 
     implementation of such improvements should be accomplished by 
     the private health care sector, Federal or State governments, 
     or any combination thereof; and
       (D) limitations on the databases in existence on the date 
     of enactment of this title.
       (2) Submission of reports.--The Secretary of Health and 
     Human Services shall prepare and submit to the Committees 
     referred to in paragraph (1)--
       (A) an initial report concerning the study conducted under 
     subsection (c) and the report required under subsection (d), 
     not later than 18 months after the date of enactment of this 
     title;
       (B) an interim report concerning such study and report not 
     later than 3 years after the date of enactment of this title; 
     and
       (C) a final report concerning such study and report not 
     later than 5 years after the date of enactment of this title.

[[Page S9755]]

       (e) Termination of Panel.--The advisory panel shall 
     terminate on the date that occurs 60 days after the date on 
     which the last report is submitted under this section.

     SEC. ____12. SALE OF GOVERNORS ISLAND, NEW YORK.

       (a) In General.--Notwithstanding any other provision of 
     law, the Administrator of General Services shall dispose of 
     by sale at fair market value all rights, title, and interests 
     of the United States in and to the land of, and improvements 
     to, Governors Island, New York.
       (b) Right of First Refusal.--Before a sale is made under 
     subsection (a) to any other parties, the State of New York 
     and the city of New York shall be given the right of first 
     refusal to purchase all or part of Governors Island. Such 
     right may be exercised by either the State of New York or the 
     city of New York or by both parties acting jointly.
       (c) Proceeds.--Proceeds from the disposal of Governors 
     Island under subsection (a) shall be deposited in the general 
     fund of the Treasury and credited as miscellaneous receipts.

     SEC. ____13. SALE OF AIR RIGHTS.

       (a) In General.--Notwithstanding any other provision of 
     law, the Administrator of General Services shall sell, at 
     fair market value and in a manner to be determined by the 
     Administrator, the air rights adjacent to Washington Union 
     Station described in subsection (b), including air rights 
     conveyed to the Administrator under subsection (d). The 
     Administrator shall complete the sale by such date as is 
     necessary to ensure that the proceeds from the sale will be 
     deposited in accordance with subsection (c).
       (b) Description.--The air rights referred to in subsection 
     (a) total approximately 16.5 acres and are depicted on the 
     plat map of the District of Columbia as follows:
       (1) Part of lot 172, square 720.
       (2) Part of lots 172 and 823, square 720.
       (3) Part of lot 811, square 717.
       (c) Proceeds.--Before September 30, 1997, proceeds from the 
     sale of air rights under subsection (a) shall be deposited in 
     the general fund of the Treasury and credited as 
     miscellaneous receipts.
       (d) Conveyance of Amtrak Air Rights.--
       (1) General rule.--As a condition of future Federal 
     financial assistance, Amtrak shall convey to the 
     Administrator of General Services on or before December 31, 
     1996, at no charge, all of the air rights of Amtrak described 
     in subsection (b).
       (2) Failure to comply.--If Amtrak does not meet the 
     condition established by paragraph (1), Amtrak shall be 
     prohibited from obligating Federal funds after March 1, 1997.

     SEC. ____14. EFFECTIVE DATE.

       Except as otherwise provided for in this title, the 
     provisions of this title shall apply as follows:
       (1) With respect to health plans, such provisions shall 
     apply to such plans on the first day of the contract year 
     beginning on or after January 1, 1998.
       (2) With respect to employee health benefit plans, such 
     provisions shall apply to such plans on the first day of the 
     first plan year beginning on or after January 1, 1998.

                          ____________________