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104TH CONGRESS

1ST SESSION H. R. 1166

To require the Secretary of Health and Human Services to develop

recommendations for proposed model adoption legislation and procedures.

IN THE HOUSE OF REPRESENTATIVES

MARCH 8, 1995

Mrs. LOWEY (for herself and Mr. WYDEN) introduced the following bill; which

was referred to the Committee on Economic and Educational Opportunities

A BILL

To require the Secretary of Health and Human Services

to develop recommendations for proposed model adoption

legislation and procedures.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. MODEL ADOPTION LEGISLATION AND PROCE4 DURES.

5 Not later than 18 months after the date of enactment

6 of this Act, the Secretary of Health and Human Services

7 (referred to in this Act as the ‘‘Secretary’’) shall issue,

8 based on the recommendations of the panel described in

9 section 2, proposed model adoption legislation and proce10 dures and publish such proposal in the Federal Register
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1 for comment. After soliciting and giving due consideration

2 to the comments of interested individuals, groups, and or3 ganizations, and consulting further with such panel, the

4 Secretary shall issue and publish model adoption legisla5 tion and procedures which shall not conflict with the provi6 sions of any interstate compact in operation pursuant to

7 which States are making, supervising, or regulating place8 ments of children. The model adoption legislation and pro9 cedures shall provide that the principal consideration in

10 an adoption proceeding is providing for the best interest

11 of the child, and shall contain provisions regarding the

12 best interests of children with special needs.

13 SEC. 2. ADVISORY PANEL.

14 (a) Not later than 90 days after the date of the enact15 ment of this Act, the Secretary shall appoint a panel (re16 ferred to in this Act as the ‘‘panel’’) to be composed of

17 not less than 11 nor more than 17 members generally rep18 resentative of a broad range of public, voluntary, and legal

19 organizations, agencies, and persons interested and with

20 expertise and experience in facilitating the achievement of

21 the purposes of this title (including, but not limited to,

22 child welfare organizations, including those representative

23 of minorities; birth parents; and adoptive parent organiza24 tions). The panel shall—
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1 (1) review current conditions, practices, and

2 laws relating to adoption, with special reference to

3 their effect on facilitating or impeding the location

4 of suitable adoptive homes for children who would

5 benefit by adoption and the completion of suitable

6 adoptions for such children; and

7 (2) not later than 12 months after the date on

8 which the members of the panel have been ap9 pointed, propose to the Secretary model (including

10 adoption assistance agreement) legislation and pro11 cedures relating to adoption designed to facilitate

12 adoption by families of all economic levels.

13 (b) The panel shall be terminated 30 days after the

14 Secretary publishes the final model legislation and proce15 dures pursuant to section 1.

16 (c) Members of the panel, other than those regularly

17 employed by the Federal Government, while serving on

18 business of the panel shall be entitled to receive compensa19 tion at a rate not in excess of the daily equivalent of the

20 rate payable, under section 5322 of title 5, United States

21 Code, for positions in the General Schedule above GS–15,

22 including traveltime; and while so serving away from their

23 homes or regular places of business, they may be allowed

24 travel expenses (including per diem in lieu of subsistence)
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1 as authorized by section 5703 of such title for persons in

2 the Government service employed intermittently.

3 SEC. 3. ADDITIONAL REQUIREMENTS.

4 The Secretary shall take such steps as he or she

5 deems necessary to encourage and facilitate the enactment

6 in each State of comprehensive adoption assistance legisla7 tion and the establishment in each State of the model leg8 islation and procedures published pursuant to section 1.

9 The Secretary shall coordinate efforts to improve State

10 legislation with national, State, and local child and family

11 services organizations, including organizations representa12 tive of minorities and adoptive families.

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