[Congressional Record Volume 142, Number 120 (Thursday, September 5, 1996)]
[Senate]
[Pages S9968-S9977]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          AMENDMENTS SUBMITTED

                                 ______
                                 

THE DEPARTMENTS OF VETERANS AFFAIRS AND HOUSING AND URBAN DEVELOPMENT, 
           AND INDEPENDENT AGENCIES APPROPRIATIONS ACT, 1997

                                 ______
                                 

                      HOLLINGS AMENDMENT NO. 5187

  Mr. BOND (for Mr. Hollings) proposed an amendment to the bill (H.R. 
3666) making appropriations for the Departments of Veterans Affairs and 
Housing and Urban Development, and for sundry independent agencies, 
boards, commissions, corporations, and offices for the fiscal year 
ending September 30, 1997, and for other purposes; as follows:

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

[[Page S9969]]

     SEC.   . COMMUNITY DEVELOPMENT BLOCK GRANTS.

       Section 102(a)(6)(D) of the Housing and Community 
     Development Act of 1974 (42 U.S.C. 5302(a)(6)(D)) is 
     amended--
       (1) in clause (iv), by striking ``or'' at the end;
       (2) in clause (v), by striking the period at the end and 
     inserting ``; or''; and
       (3) by adding at the end the following new clause:
       ``(vi) has entered into a local cooperation agreement with 
     a metropolitan city that received assistance under section 
     106 because of such classification, and has elected under 
     paragraph (4) to have its population included with the 
     population of the county for the purposes of qualifying as an 
     urban county, except that to qualify as an urban county under 
     this clause, the county must--
       ``(I) have a combined population of not less than 210,000, 
     excluding any metropolitan city located in the county that is 
     not relinquishing its metropolitan city classification, 
     according to the 1990 decennial census of the Bureau of the 
     Census of the Department of Commerce;
       ``(II) including any metropolitan cities located in the 
     country, have had a decrease in population of 10,061 from 
     1992 to 1994, according to the estimates of the Bureau of the 
     Census of the Department of Commerce; and
       ``(III) have had a Federal naval installation that was more 
     than 100 years old closed by action of the Base Closure and 
     Realignment Commission appointed for 1993 under the Base 
     Closure and Realignment Act of 1990, directly resulting in a 
     loss of employment by more than 7,000 Federal Government 
     civilian employees and more than 15,000 active duty military 
     personnel, which naval installation was located within 1 mile 
     of an enterprise community designated by the Secretary 
     pursuant to section 1391 of the Internal Revenue Code of 
     1986, which enterprise community has a population of not less 
     than 20,000, according to the 1990 decennial census of the 
     Bureau of the Census of the Department of Commerce.''.
                                 ______
                                 

                       BENNETT AMENDMENT NO. 5188

  Mr. BOND (for Mr. Bennett) proposed an amendment to the bill, H.R. 
3666, supra; as follows:

       On page 27, line 19, strike ``$969,000,000'' and insert 
     ``$969,464,442''.
       On page 29, line 5, strike the period, and insert a colon 
     and the following: ``Provided further, That of the total 
     amount provided under this head, the Secretary shall provide 
     $755,573 to the Utah Housing Finance Agency, in lieu of 
     amounts lost to such agency in bond refinancings during 1994, 
     for its use in accordance with the immediately preceding 
     proviso.''
                                 ______
                                 

                      FAIRCLOTH AMENDMENT NO. 5189

  Mr. BOND (for Mr. Faircloth) proposed an amendment to the bill, H.R. 
3666, supra; as follows:

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

     SEC. 2   . FAIR HOUSING AND FREE SPEECH.

       None of the amounts made available under this Act may be 
     used during fiscal year 1997 to investigate or prosecute 
     under the Fair Housing Act any otherwise lawful activity 
     engaged in by one or more persons, including the filing or 
     maintaining of a nonfrivolous legal action, that is engaged 
     in solely for the purpose of achieving or preventing action 
     by a government official or entity, or a court of competent 
     jurisdiction.
                                 ______
                                 

                DASCHLE (AND OTHERS) AMENDMENT NO. 5190

  Mr. DASCHLE (for himself, Mr. Kerry, Mr. Rockefeller, Mr. Wellstone, 
Ms. Mikulski, Mr. Byrd, Mr. Dodd, Mr. Conrad, Mr. Inouye, Mr. Pell, Mr. 
Simon, Mr. Feingold, Mr. Breaux, Mrs. Boxer, Mr. Dorgan, Mrs. 
Feinstein, Mr. Glenn, Mr. Harkin, Mr. Robb, Mr. Kennedy, Mr. Ford, Mr. 
Reid, Ms. Moseley-Braun, Mr. Leahy, Mr. Hollings, and Mr. Kohl) 
proposed an amendment to the bill, H.R. 3666, supra; as follows:

       On page 97, between lines 15 and 16, insert the following:
       Sec. 421. (a) The purpose of this section is to provide for 
     the special needs of certain children of Vietnam veterans who 
     were born with the birth defect spina bifida, possibly as the 
     result of the exposure of one or both parents to herbicides 
     during active service in the Republic of Vietnam during the 
     Vietnam era, through the provision of health care and 
     monetary benefits.
       (b)(1) Part II of title 38, United States Code, is amended 
     by inserting after chapter 17 the following new chapter:

 ``CHAPTER 18--BENEFITS FOR CHILDREN OF VIETNAM VETERANS WHO ARE BORN 
                           WITH SPINA BIFIDA

``Sec.
``1801. Definitions.
``1802. Spina bifida conditions covered.
``1803. Health care.
``1804. Vocational training and rehabilitation.
``1805. Monetary allowance.
``1806. Effective date of awards.

     ``Sec. 1801. Definitions

       ``For the purposes of this chapter--
       ``(1) The term `child', with respect to a Vietnam veteran, 
     means a natural child of the Vietnam veteran, regardless of 
     age or marital status, who was conceived after the date on 
     which the veteran first entered the Republic of Vietnam 
     during the Vietnam era.
       ``(2) The term `Vietnam veteran' means a veteran who 
     performed active military, naval, or air service in the 
     Republic of Vietnam during the Vietnam era.

     ``Sec. 1802. Spina bifida conditions covered

       ``This chapter applies with respect to all forms and 
     manifestations of spina bifida except spina bifida occulta.

     ``Sec. 1803. Health care

       ``(a) In accordance with regulations which the Secretary 
     shall prescribe, the Secretary shall provide a child of a 
     Vietnam veteran who is suffering from spina bifida with such 
     health care as the Secretary determines is needed by the 
     child for the spina bifida or any disability that is 
     associated with such condition.
       ``(b) The Secretary may provide health care under this 
     section directly or by contract or other arrangement with any 
     health care provider.
       ``(c) For the purposes of this section--
       ``(1) The term `health care'--
       ``(A) means home care, hospital care, nursing home care, 
     outpatient care, preventive care, habilitative and 
     rehabilitative care, case management, and respite care; and
       ``(B) includes--
       ``(i) the training of appropriate members of a child's 
     family or household in the care of the child; and
       ``(ii) the provision of such pharmaceuticals, supplies, 
     equipment, devices, appliances, assistive technology, direct 
     transportation costs to and from approved sources of health 
     care, and other materials as the Secretary determines 
     necessary.
       ``(2) The term `health care provider' includes specialized 
     spina bifida clinics, health care plans, insurers, 
     organizations, institutions, and any other entity or 
     individual who furnishes health care that the Secretary 
     determines authorized under this section.
       ``(3) The term `home care' means outpatient care, 
     habilitative and rehabilitative care, preventive health 
     services, and health-related services furnished to an 
     individual in the individual's home or other place of 
     residence.
       ``(4) The term `hospital care' means care and treatment for 
     a disability furnished to an individual who has been admitted 
     to a hospital as a patient.
       ``(5) The term `nursing home care' means care and treatment 
     for a disability furnished to an individual who has been 
     admitted to a nursing home as a resident.
       ``(6) The term `outpatient care' means care and treatment 
     of a disability, and preventive health services, furnished to 
     an individual other than hospital care or nursing home care.
       ``(7) The term `preventive care' means care and treatment 
     furnished to prevent disability or illness, including 
     periodic examinations, immunizations, patient health 
     education, and such other services as the Secretary 
     determines necessary to provide effective and economical 
     preventive health care.
       ``(8) The term `habilitative and rehabilitative care' means 
     such professional, counseling, and guidance services and 
     treatment programs (other than vocational training under 
     section 1804 of this title) as are necessary to develop, 
     maintain, or restore, to the maximum extent practicable, the 
     functioning of a disabled person.
       ``(9) The term `respite care' means care furnished on an 
     intermittent basis for a limited period to an individual who 
     resides primarily in a private residence when such care will 
     help the individual to continue residing in such private 
     residence.

     ``Sec. 1804. Vocational training and rehabilitation

       ``(a) Pursuant to such regulations as the Secretary may 
     prescribe, the Secretary may provide vocational training 
     under this section to a child of a Vietnam veteran who is 
     suffering from spina bifida if the Secretary determines that 
     the achievement of a vocational goal by such child is 
     reasonably feasible.
       ``(b) Any program of vocational training for a child under 
     this section shall be designed in consultation with the child 
     in order to meet the child's individual needs and shall be 
     set forth in an individualized written plan of vocational 
     rehabilitation.
       ``(c)(1) A vocational training program for a child under 
     this section--
       ``(A) shall consist of such vocationally oriented services 
     and assistance, including such placement and post-placement 
     services and personal and work adjustment training, as the 
     Secretary determines are necessary to enable the child to 
     prepare for and participate in vocational training or 
     employment; and
       ``(B) may include a program of education at an institution 
     of higher education if the Secretary determines that the 
     program of education is predominantly vocational in content.
       ``(2) A vocational training program under this subsection 
     may not include the provision of any loan or subsistence 
     allowance or any automobile adaptive equipment.
       ``(d)(1) Except as provided in paragraph (2) and subject to 
     subsection (e)(2), a vocational training program under this 
     section may not exceed 24 months.
       ``(2) The Secretary may grant an extension of a vocational 
     training program for a child

[[Page S9970]]

     under this section for up to 24 additional months if the 
     Secretary determines that the extension is necessary in order 
     for the child to achieve a vocational goal identified (before 
     the end of the first 24 months of such program) in the 
     written plan of vocational rehabilitation formulated for the 
     child pursuant to subsection (b).
       ``(e)(1) A child who is pursuing a program of vocational 
     training under this section and is also eligible for 
     assistance under a program under chapter 35 of this title may 
     not receive assistance under both such programs concurrently. 
     The child shall elect (in such form and manner as the 
     Secretary may prescribe) the program under which the child is 
     to receive assistance.
       ``(2) The aggregate period for which a child may receive 
     assistance under this section and chapter 35 of this title 
     may not exceed 48 months (or the part-time equivalent 
     thereof).

     ``Sec. 1805. Monetary allowance

       ``(a) The Secretary shall pay a monthly allowance under 
     this chapter to any child of a Vietnam veteran for any 
     disability resulting from spina bifida suffered by such 
     child.
       ``(b)(1) The amount of the allowance paid to a child under 
     this section shall be based on the degree of disability 
     suffered by the child, as determined in accordance with such 
     schedule for rating disabilities resulting from spina bifida 
     as the Secretary may prescribe.
       ``(2) The Secretary shall, in prescribing the rating 
     schedule for the purposes of this section, establish three 
     levels of disability upon which the amount of the allowance 
     provided by this section shall be based.
       ``(3) The amounts of the allowance shall be $200 per month 
     for the lowest level of disability prescribed, $700 per month 
     for the intermediate level of disability prescribed, and 
     $1,200 per month for the highest level of disability 
     prescribed. Such amounts are subject to adjustment under 
     section 5312 of this title.
       ``(c) Notwithstanding any other provision of law, receipt 
     by a child of an allowance under this section shall not 
     impair, infringe, or otherwise affect the right of the child 
     to receive any other benefit to which the child may otherwise 
     be entitled under any law administered by the Secretary, nor 
     shall receipt of such an allowance impair, infringe, or 
     otherwise affect the right of any individual to receive any 
     benefit to which the individual is entitled under any law 
     administered by the Secretary that is based on the child's 
     relationship to the individual.
       ``(d) Notwithstanding any other provision of law, the 
     allowance paid to a child under this section shall not be 
     considered income or resources in determining eligibility for 
     or the amount of benefits under any Federal or federally 
     assisted program.

     ``Sec. 1806. Effective date of awards

       ``The effective date for an award of benefits under this 
     chapter shall be fixed in accordance with the facts found, 
     but shall not be earlier than the date of receipt of 
     application for the benefits.''.
       (2) The tables of chapters before part I and at the 
     beginning of part II of such title are each amended by 
     inserting after the item referring to chapter 17 the 
     following new item:

``18. Benefits for Children of Vietnam Veterans Who Are Born With Spina 
    Bifida..................................................1801''.....

       (c) Section 5312 of title 38, United States Code, is 
     amended--
       (1) in subsection (a)--
       (A) by striking out ``and the rate of increased pension'' 
     and inserting in lieu thereof ``, the rate of increased 
     pension''; and
       (B) by inserting after ``on account of children,'' the 
     following: ``and each rate of monthly allowance paid under 
     section 1805 of this title,''; and
       (2) in subsection (c)(1), by striking out ``and 1542'' and 
     inserting in lieu thereof ``1542, and 1805''.
       (d) This section and the amendments made by this section 
     shall take effect on January 1, 1997.
       Sec. 422. (a) Section 1151 of title 38, United States Code, 
     is amended--
       (1) by striking out the first sentence and inserting in 
     lieu thereof the following:
       ``(a) Compensation under this chapter and dependency and 
     indemnity compensation under chapter 13 of this title shall 
     be awarded for a qualifying additional disability or a 
     qualifying death of a veteran in the same manner as if such 
     additional disability or death were service-connected. For 
     purposes of this section, a disability or death is a 
     qualifying additional disability or qualifying death if the 
     disability or death was not the result of the veteran's 
     willful misconduct and--
       ``(1) the disability or death was caused by hospital care, 
     medical or surgical treatment, or examination furnished the 
     veteran under any law administered by the Secretary, either 
     by a Department employee or in a Department facility as 
     defined in section 1701(3)(A) of this title, and the 
     proximate cause of the disability or death was--
       ``(A) carelessness, negligence, lack of proper skill, error 
     in judgment, or similar instance of fault on the part of the 
     Department in furnishing the hospital care, medical or 
     surgical treatment, or examination; or
       ``(B) an event not reasonably foreseeable; or
       ``(2) the disability or death was proximately caused by the 
     provision of training and rehabilitation services by the 
     Secretary (including by a service-provider used by the 
     Secretary for such purpose under section 3115 of this title) 
     as part of an approved rehabilitation program under chapter 
     31 of this title.''; and
       (2) in the second sentence--
       (A) by redesignating that sentence as subsection (b);
       (B) by striking out ``, aggravation,'' both places it 
     appears; and
       (C) by striking out ``sentence'' and substituting in lieu 
     thereof ``subsection''.
       (b)(1) The amendments made by subsection (a) shall take 
     effect on October 1, 1996.
       (2) Section 1151 of title 38, United States Code (as 
     amended by subsection (a)), shall govern all administrative 
     and judicial determinations of eligibility for benefits under 
     such section that are made with respect to claims filed on or 
     after the effective date set forth in paragraph (1), 
     including those based on original applications and 
     applications seeking to reopen, revise, reconsider, or 
     otherwise readjudicate on any basis claims for benefits under 
     such section 1151 or any provision of law that is a 
     predecessor of such section.
                                 ______
                                 

                 HELMS (AND OTHERS) AMENDMENT NO. 5191

  Mr. HELMS (for himself, Mr. Bond, Mr. Faircloth, Mr. McCain, Mr. 
Thurmond, and Mr. Coverdell) proposed an amendment to the bill, H.R. 
3666, supra; as follows:

       On page 39, after line 10, insert the following new 
     paragraph:
       ``Of the amount made available under this heading, 
     notwithstanding any other provision of law, $20,000,000 shall 
     be available for grants to entities managing or operating 
     public housing developments, Federally-assisted multifamily-
     housing developments, or other multifamily-housing 
     developments for low-income families supported by non-Federal 
     governmental entities or similar housing developments 
     supported by private sources, to reimburse local law 
     enforcement entities for additional police presence in and 
     around such housing developments; to provide or augment such 
     security services by other entities or employees of the 
     recipient agency; to assist in the investigation and/or 
     prosecution of drug related criminal activity in and around 
     such developments; and to provide assistance for the 
     development of capital improvements at such developments 
     directly relating to the security of such developments: 
     Provided, That such grants shall be made on a competitive 
     basis as specified in section 102 of the HUD Reform Act.''
                                 ______
                                 

                BRADLEY (AND OTHERS) AMENDMENT NO. 5192

  Mr. BRADLEY (for himself, Mrs. Kassebaum, Mr. Frist, Mr. Rockefeller, 
Mrs. Boxer, Ms. Mikulski, Mr. Sarbanes, Mrs. Murray, Mr. DeWine, Mr. 
Reid, Mr. Pell, Mr. Kennedy, Mr. Simon, Mr. Wellstone, Ms. Moseley-
Braun, Mr. Bryan, Mr. Ford, Mr. Lautenberg, Mr. Inouye, Mr. Campbell, 
Mr. Kerrey, Mr. McConnell, Mr. Levin, Mr. Helms, Mr. Grassley, Mr. 
Domenici, Mr. Kerry, Ms. Snowe, Mr. Simpson, Mr. Leahy, Mr. Glenn, Mr. 
Robb, Mr. Stevens, Mrs. Feinstein, Mr. Biden, Mr. Grams, Mr. D'Amato, 
Mr. Hollings, Mrs. Hutchison, Mr. Kohl, Mr. Graham, Mr. Warner, Mr. 
Moynihan, Mr. Dodd, Mr. Breaux, Mr. Pressler, Mr. Specter, Mr. Cohen, 
Mr. Inhofe, Mr. Baucus, Mr. Dorgan, and Mr. Wyden) proposed an 
amendment to the bill, H.R. 3666, 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

[[Page S9971]]

     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
       (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

[[Page S9972]]

     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.--
       (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;

[[Page S9973]]

       (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.
       (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.
                                 ______
                                 

                        FRIST AMENDMENT NO. 5193

  Mr. FRIST proposed an amendment to amendment No. 5192 proposed by Mr. 
Bradley to the bill, H.R. 3666, supra; as follows:

       Strike all after the first word of the amendment and insert 
     the following:
       ____--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
       (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.

     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 to an individual patient 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.

[[Page S9974]]

       (b) ERISA.--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) Effect on Mother.--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.
       (d) Level and Type of Reimbursements.--Nothing in this 
     title shall be construed to prevent a health plan or an 
     employee health benefit plan from negotiating the level and 
     type of reimbursement with an attending provider for care 
     provided in accordance with this title.

     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.--
       (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

[[Page S9975]]

       (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.
       (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.
                                 ______
                                 

                DOMENICI (AND OTHERS) AMENDMENT NO. 5194

  Mr. DOMENICI (for himself, Mr. Wellstone, Mr. Simpson, Mr. Conrad, 
and Mr. Kennedy) proposed an amendment to the bill, H.R. 3666, supra; 
as follows:

       At the appropriate place, insert the following new title:
                    TITLE ____--MENTAL HEALTH PARITY

     SEC. ____01. SHORT TITLE.

       This title may be cited as the ``Mental Health Parity Act 
     of 1996''.

     SEC. ____02. PLAN PROTECTIONS FOR INDIVIDUALS WITH A MENTAL 
                   ILLNESS.

       (a) Permissible Coverage Limits Under a Group Health 
     Plan.--
       (1) Aggregate lifetime limits.--
       (A) In general.--With respect to a group health plan 
     offered by a health insurance issuer, that applies an 
     aggregate lifetime limit to plan payments for medical or 
     surgical services covered under the plan, if such plan also 
     provides a mental health benefit such plan shall--
       (i) include plan payments made for mental health services 
     under the plan in such aggregate lifetime limit; or
       (ii) establish a separate aggregate lifetime limit 
     applicable to plan payments for mental health services under 
     which the dollar amount of such limit (with respect to mental 
     health services) is equal to or greater than the dollar 
     amount of the aggregate lifetime limit on plan payments for 
     medical or surgical services.
       (B) No lifetime limit.--With respect to a group health plan 
     offered by a health insurance issuer, that does not apply an 
     aggregate lifetime limit to plan payments for medical or 
     surgical services covered under the plan, such plan may not 
     apply an aggregate lifetime limit to plan payments for mental 
     health services covered under the plan.
       (2) Annual limits.--

[[Page S9976]]

       (A) In general.--With respect to a group health plan 
     offered by a health insurance issuer, that applies an annual 
     limit to plan payments for medical or surgical services 
     covered under the plan, if such plan also provides a mental 
     health benefit such plan shall--
       (i) include plan payments made for mental health services 
     under the plan in such annual limit; or
       (ii) establish a separate annual limit applicable to plan 
     payments for mental health services under which the dollar 
     amount of such limit (with respect to mental health services) 
     is equal to or greater than the dollar amount of the annual 
     limit on plan payments for medical or surgical services.
       (B) No annual limit.--With respect to a group health plan 
     offered by a health insurance issuer, that does not apply an 
     annual limit to plan payments for medical or surgical 
     services covered under the plan, such plan may not apply an 
     annual limit to plan payments for mental health services 
     covered under the plan.
       (b) Rule of Construction.--
       (1) In general.--Nothing in this section shall be construed 
     as prohibiting a group health plan offered by a health 
     insurance issuer, from--
       (A) utilizing other forms of cost containment not 
     prohibited under subsection (a); or
       (B) applying requirements that make distinctions between 
     acute care and chronic care.
       (2) Nonapplicability.--This section shall not apply to--
       (A) substance abuse or chemical dependency benefits; or
       (B) health benefits or health plans paid for under title 
     XVIII or XIX of the Social Security Act.
       (3) State law.--Nothing in this section shall be construed 
     to preempt any State law that provides for greater parity 
     with respect to mental health benefits than that required 
     under this section.
       (c) Small Employer Exemption.--
       (1) In general.--This section shall not apply to plans 
     maintained by employers that employ less than 26 employees.
       (2) Application of certain rules in determination of 
     employer size.--For purposes of this subsection--
       (A) Application of aggregation rule for employers.--All 
     persons treated as a single employer under subsection (b), 
     (c), (m), or (o) of section 414 of the Internal Revenue Code 
     of 1986 shall be treated as 1 employer.
       (B) Employers not in existence in preceding year.--In the 
     case of an employer which was not in existence throughout the 
     preceding calendar year, the determination of whether such 
     employer is a small employer shall be based on the average 
     number of employees that it is reasonably expected such 
     employer will employ on business days in the current calendar 
     year.
       (C) Predecessors.--Any reference in this subsection to an 
     employer shall include a reference to any predecessor of such 
     employer.

     SEC. ____03. DEFINITIONS.

       For purposes of this title:
       (1) Group health plan.--
       (A) In general.--The term ``group health plan'' means an 
     employee welfare benefit plan (as defined in section 3(1) of 
     the Employee Retirement Income Security Act of 1974) to the 
     extent that the plan provides medical care (as defined in 
     paragraph (2)) and including items and services paid for as 
     medical care) to employees or their dependents (as defined 
     under the terms of the plan) directly or through insurance, 
     reimbursement, or otherwise.
       (B) Medical care.--The term ``medical care'' means amounts 
     paid for--
       (i) the diagnosis, cure, mitigation, treatment, or 
     prevention of disease, or amounts paid for the purpose of 
     affecting any structure or function of the body,
       (ii) amounts paid for transportation primarily for and 
     essential to medical care referred to in clause (i), and
       (iii) amounts paid for insurance covering medical care 
     referred to in clauses (i) and (ii).
       (2) Health insurance coverage.--The term ``health insurance 
     coverage'' means benefits consisting of medical care 
     (provided directly, through insurance or reimbursement, or 
     otherwise and including items and services paid for as 
     medical care) under any hospital or medical service policy or 
     certificate, hospital or medical service plan contract, or 
     health maintenance organization contract offered by a health 
     insurance issuer.
       (3) Health insurance issuer.--The term ``health insurance 
     issuer'' means an insurance company, insurance service, or 
     insurance organization (including a health maintenance 
     organization, as defined in paragraph (4)) which is licensed 
     to engage in the business of insurance in a State and which 
     is subject to State law which regulates insurance (within the 
     meaning of section 514(b)(2) of the Employee Retirement 
     Income Security Act of 1974), and includes a plan sponsor 
     described in section 3(16)(B) of the Employee Retirement 
     Income Security Act of 1974 in the case of a group health 
     plan which is an employee welfare benefit plan (as defined in 
     section 3(1) of such Act). Such term does not include a group 
     health plan.
       (4) Health maintenance organization.--The term ``health 
     maintenance organization'' means--
       (A) a federally qualified health maintenance organization 
     (as defined in section 1301(a) of the Public Health Service 
     Act),
       (B) an organization recognized under State law as a health 
     maintenance organization, or
       (C) a similar organization regulated under State law for 
     solvency in the same manner and to the same extent as such a 
     health maintenance organization.
       (5) State.--The term ``State'' means each of the several 
     States, the District of Columbia, Puerto Rico, the Virgin 
     Islands, Guam, American Samoa, and the Northern Mariana 
     Islands.

     SEC. ____04. SUNSET.

       Sections 1 through 3 shall cease to be effective on 
     September 30, 2001.

     SEC. ____05. FEDERAL EMPLOYEE HEALTH BENEFIT PROGRAM.

       For the Federal Employee Health Benefit Program, sections 1 
     through 3 will take effect on October 1, 1997.
                                 ______
                                 

                        BROWN AMENDMENT NO. 5195

  Mr. BROWN proposed an amendment to amendment No. 5194 proposed by Mr. 
Domenici to the bill, H.R. 3666, supra; as follows:

       At the appropriate place in the amendment, insert the 
     following:
       Notwithstanding the provisions of this title, consumers 
     shall retain the freedoms to choose a group health plan with 
     coverage limitations of their choice, even if such coverage 
     limitations for mental health services are inconsistent with 
     section 2 of this title.
                                 ______
                                 

                        GRAMM AMENDMENT NO. 5196

  Mr. GRAMM proposed an amendment to amendment No. 5194 proposed by Mr. 
Domenici to the bill, H.R. 3666, supra; as follows:

       At the appropriate place in the amendment, insert the 
     following:
       Notwithstanding the provisions of this title, if the 
     provisions of this title result in a one percent or greater 
     increase in the cost of a group health plan's premiums, the 
     purchaser is exempt from the provisions of this title.
                                 ______
                                 

                 HARKIN (AND OTHERS) AMENDMENT NO. 5197

  Mr. HARKIN (for himself, Mr. Moynihan, Mr. Specter, and Mr. Kerry) 
proposed an amendment to the bill, H.R. 3666, supra; as follows:

       At the appropriate place, add the following:
       Sec.   . Without regard to any provision in this bill, no 
     plan for the allocation of health care resources (including 
     personnel and funds) used or implemented by the Department of 
     Veterans Affairs among the health care facilities of the 
     Department shall reduce the funding going to any state for 
     veterans medical care for the fiscal year ending September 
     30, 1997, below its fiscal year 1996 level of funding if the 
     total funding provided for veterans medical care in fiscal 
     year 1997 exceeds the Fiscal year 1996 funding level.
                                 ______
                                 

                BINGAMAN (AND OTHERS) AMENDMENT NO. 5198

  Mr. BOND (for Mr. Bingaman for himself, Mr. Murkowski, and Mr. 
Rockefeller) proposed an amendment to the bill, H.R. 3666, supra; as 
follows:

       On page 104, below line 24, add the following:
       Sec. 421 (a) Revision of Name of Japan-United States 
     Friendship Commission.--(1)(A) The first sentence of section 
     4(a) of the Japan-United States Friendship Act (22 U.S.C. 
     2903(a)) is amended by striking out ``Japan-United States 
     Friendship Commission'' and inserting in lieu thereof 
     ``United States-Japan Commission''.
       (B) The section heading of such section is amended to read 
     as follows:


                   ``United States-Japan Commission''

       (2) Subsection (c) of section 3 of that Act (22 U.S.C. 
     2902) is amended by striking out ``Japan-United States 
     Friendship Commission'' and inserting in lieu thereof 
     ``United States-Japan Commission''.
       (3) Any reference to the Japan-United States Friendship 
     Commission in any Federal law, Executive order, regulation, 
     delegation of authority, or other document shall be deemed to 
     refer to the United States-Japan Commission.
                                 ______
                                 

                      FEINSTEIN AMENDMENT NO. 5199

  Mr. BOND (for Mrs. Feinstein) proposed an amendment to the bill, H.R. 
3666, supra; as follows:

       On page 104, below line 24, add the following:
       Sec. 421. (a) Subject to the concurrence of the 
     Administrator of the General Services Administration (GSA) 
     and notwithstanding Sec. 707 of Public Law 103-433, the 
     Administrator of the National Aeronautics and Space 
     Administration may convey to the City of Downey, California, 
     all right, title, and interest of the United States in and to 
     a parcel of real property, including improvements thereon, 
     consisting of approximately 60 acres and known as Parcels 
     III, IV, V, and VI of the NASA Industrial Plant, Downey, 
     California.
       (b)(1) Delay in Payment of Consideration.--After the end of 
     the 20-year period beginning on the date on which the 
     conveyance under subsection (a) is completed, the

[[Page S9977]]

     City of Downey shall pay to the United States an amount equal 
     to fair market value of the conveyed property, as of the date 
     of the conveyance from NASA.
       (2) Effect of Reconveyance by the City.--If the City of 
     Downey reconveys all or part of the conveyed property during 
     such 20-year period, the city shall pay to the United States 
     an amount equal to the fair market value of the reconveyed 
     property as of the time of the reconveyance, excluding the 
     value of any improvements made to the property by the City.
       (3) Determination of Fair Market Value.--The Administrator 
     of NASA shall determine fair market value in accordance with 
     Federal appraisal standards and procedures.
       (4) Treatment of Leases.--The Administrator of NASA may 
     treat a lease of property within such 20-year period as a 
     reconveyance if the Administrator determines that the lease 
     is being used to avoid application of paragraph (b)(2).
       (5) Deposit of Proceeds.--The Administrator of NASA shall 
     deposit any proceeds received under this subsection in the 
     special account established pursuant to section 204(h)(2) of 
     the Federal Property and Administrative Services Act of 1949 
     (40 U.S.C. 485(h)(2).
       (c) The exact acreage and legal description of the real 
     property to be conveyed under subsection (a) shall be 
     determined by a survey satisfactory to the Administrator. The 
     cost of the survey shall be borne by the City of Downey, 
     California.
       (d) The Administrator may require such additional terms and 
     conditions in connection with the conveyance under subsection 
     (a) as the Administrator considers appropriate to protect the 
     interests of the United States.
       (e) If the City at any time after the conveyance of the 
     property under subsection (a) notifies the Administrator that 
     the City no longer wishes to retain the property, it may 
     convey the property under the terms of subsection (b), or, it 
     may revert all right, title, and interest in and to the 
     property (including any facilities, equipment, or fixtures 
     conveyed, but excluding the value of any improvements made to 
     the property by the City) to the United States, and the 
     United States shall have the right of immediate entry onto 
     the property.
                                 ______
                                 

                       McCAIN AMENDMENT NO. 5200

  Mr. BOND (for Mr. McCain) proposed an amendment to the bill, H.R. 
3666, supra; as follows:

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

     SEC. 2____. MORTGAGE INSURANCE.

       (a) None of the funds appropriated under this Act may be 
     used to give final approval to any proposal to provide 
     mortgage insurance having a value in excess of $250 million 
     for any project financing for which may be guaranteed under 
     section 220 of the National Housing Act (12 U.S.C. 1715k), 
     unless the Secretary has transmitted to the President pro 
     tempore of the Senate and the Speaker of the House the 
     Secretary's justification for such guarantee and no final 
     approval shall be given until the justification has laid 
     before the Congress for a period of not less than 30 days.
                                 ______
                                 

                 BOND (AND MIKULSKI) AMENDMENT NO. 5201

  Mr. BOND (for himself and Ms. Mikulski) proposed an amendment to the 
bill, H.R. 3666, supra; as follows:

       On page 105, after line 2, insert:

                     DEPARTMENT OF VETERANS AFFAIRS

                    Veterans Benefits Administration


                       compensation and pensions

       For an additional amount for ``Compensation and Pensions'', 
     $100,000,000, to be made available upon enactment of this 
     Act, to remain available until expended.

                          ____________________