I

106TH CONGRESS

2D SESSION H. R. 5574

To authorize the Secretary of Health and Human Services to establish an

adoption awareness program; to establish the Adoption Awareness Commission; and to promote adoptions through increased public awareness

and increased tax incentives.

IN THE HOUSE OF REPRESENTATIVES

OCTOBER 26, 2000

Mr. LAMPSON (for himself, Mr. SANDLIN, Mr. TURNER, Mr. HINOJOSA, Ms.

JACKSON-LEE of Texas, Mr. GREEN of Texas, Mr. GONZALEZ, Mr.

RODRIGUEZ, Mr. PASCRELL, Mr. CRAMER, Mr. HILLIARD, Ms. ESHOO,

Mr. BRADY of Pennsylvania, Mr. OLVER, Mr. FORBES, Mr. ROTHMAN,

Mrs. NAPOLITANO, Mr. SHERMAN, Mr. SERRANO, Mr. MCCOLLUM, Mr.

INSLEE, Ms. WOOLSEY, and Mr. KING) introduced the following bill;

which was referred to the Committee on Ways and Means, and in addition to the Committees on Commerce, and Education and the Workforce,

for a period to be subsequently determined by the Speaker, in each case

for consideration of such provisions as fall within the jurisdiction of the

committee concerned

A BILL

To authorize the Secretary of Health and Human Services

to establish an adoption awareness program; to establish

the Adoption Awareness Commission; and to promote

adoptions through increased public awareness and increased tax incentives.

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

2 This Act may be cited as the ‘‘Adoption Does Offer

3 Potential Treasures Act of 2000’’.

4 TITLE I—ADOPTION PROMOTION

5 SEC. 101. SHORT TITLE.

6 This title may be cited as the ‘‘Adoption Promotion

7 Act’’.

8 SEC. 102. ADOPTION AWARENESS PROGRAM.

9 (a) IN GENERAL.—The Secretary of Health and

10 Human Services (referred to in this title as the ‘‘Sec11 retary’’) shall establish an adoption awareness program.

12 The Secretary shall make grants through the program to

13 eligible private entities to pay for the Federal share of the

14 cost of developing and distributing materials promoting

15 adoption.

16 (b) USE OF FUNDS.—

17 (1) IN GENERAL.—An entity that receives a

18 grant under subsection (a) shall use funds made

19 available through the grant to develop and carry out

20 an adoption public promotion campaign, including—

21 (A) developing and placing public service

22 announcements regarding adoption on tele23 vision, radio, and billboards; and

24 (B) developing and distributing brochures

25 regarding adoption through federally funded

26 family planning clinics in the United States, in-
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1 cluding coordinating the distribution of the bro2 chures with the distribution of educational ma3 terials under title X of the Public Health Serv4 ice Act (42 U.S.C. 300 et seq.).

5 (2) LIMITATION.—The entity may not place a

6 public service announcement, as described in para7 graph (1)(A), or distribute a brochure, as described

8 in paragraph (1)(B), until the Secretary has re9 viewed the announcement or brochure, reviewed the

10 recommendation described in section 103(d)(2)(B)

11 regarding the announcement or brochure, and ap12 proved the announcement or brochure.

13 (c) APPLICATION.—To be eligible to receive a grant

14 under subsection (a), an entity shall submit an application

15 to the Secretary at such time, in such manner, and includ16 ing such information as the Secretary may require.

17 (d) SELECTION.—The Secretary shall make grants

18 under subsection (a) to recipients selected from among ap19 plicants receiving favorable recommendations from the

20 Adoption Awareness Commission under section

21 103(d)(1)(B).

22 (e) FEDERAL SHARE.—

23 (1) IN GENERAL.—The Federal share of the

24 cost described in subsection (a) shall be 50 percent.
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1 (2) NON-FEDERAL SHARE.—The non-Federal

2 share of the cost may be contributed in cash or in

3 kind, fairly evaluated, including plant, equipment, or

4 services.

5 SEC. 103. ESTABLISHMENT OF COMMISSION.

6 (a) ESTABLISHMENT.—There is established a com7 mission to be known as the Adoption Awareness Commis8 sion (referred to in this title as the ‘‘Commission’’).

9 (b) COMPOSITION.—The Commission shall be com10 posed of 7 members, of whom—

11 (1) 1 shall be appointed by the President;

12 (2)(A) 2 shall be appointed by the President,

13 from among not fewer than 6 persons nominated by

14 the majority leader of the Senate; and

15 (B) 1 shall be appointed by the President, from

16 among not fewer than 4 persons nominated by the

17 minority leader of the Senate; and

18 (3)(A) 2 shall be appointed by the President,

19 from among not fewer than 6 persons nominated by

20 the Speaker of the House of Representatives; and

21 (B) 1 shall be appointed by the President, from

22 among not fewer than 4 persons nominated by the

23 minority leader of the House of Representatives.

24 (c) PERIOD OF APPOINTMENT; VACANCIES.—Mem25 bers shall be appointed for the life of the Commission. Any
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1 vacancy in the Commission shall not affect its powers, but

2 shall be filled in the same manner as the original appoint3 ment.

4 (d) DUTIES.—The Commission shall—

5 (1)(A) review the applications submitted under

6 section 102; and

7 (B) by majority vote, make recommendations to

8 the Secretary regarding which applicants should re9 ceive grants made under section 102; and

10 (2)(A) review the public service announcements

11 and brochures developed by the recipients of the

12 grants made under section 102; and

13 (B) by majority vote, make recommendations to

14 the Secretary regarding approval of the announce15 ments and brochures.

16 (e) MEETINGS.—The Commission shall meet at least

17 4 times in each fiscal year.

18 (f) COMPENSATION OF MEMBERS.—Each member of

19 the Commission who is not an officer or employee of the

20 Federal Government shall be compensated at a rate equal

21 to the daily equivalent of the annual rate of basic pay pre22 scribed for level IV of the Executive Schedule under sec23 tion 5315 of title 5, United States Code, for each day (in24 cluding travel time) during which such member is engaged

25 in the performance of the duties of the Commission. All
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1 members of the Commission who are officers or employees

2 of the United States shall serve without compensation in

3 addition to that received for their services as officers or

4 employees of the United States.

5 (g) TRAVEL EXPENSES.—The members of the Com6 mission shall be allowed travel expenses, including per

7 diem in lieu of subsistence, at rates authorized for employ8 ees of agencies under subchapter I of chapter 57 of title

9 5, United States Code, while away from their homes or

10 regular places of business in the performance of services

11 for the Commission.

12 (h) DETAIL OF GOVERNMENT EMPLOYEES.—Any

13 Federal Government employee may be detailed to the

14 Commission without reimbursement, and such detail shall

15 be without interruption or loss of civil service status or

16 privilege.

17 (i) PROCUREMENT OF TEMPORARY AND INTERMIT18 TENT SERVICES.—The Chairman of the Commission may

19 procure temporary and intermittent services under section

20 3109(b) of title 5, United States Code, at rates for individ21 uals which do not exceed the daily equivalent of the annual

22 rate of basic pay prescribed for level V of the Executive

23 Schedule under section 5316 of such title.

24 (j) TERMINATION.—The Commission shall terminate

25 on September 30, 2005.
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1 SEC. 104. AUTHORIZATION OF APPROPRIATIONS.

2 There is authorized to be appropriated to carry out

3 this title $25,000,000 for each of fiscal years 2001

4 through 2005.

5 TITLE II—ADOPTION CREDIT,

6 AND EXCLUSION FOR ADOP7 TION ASSISTANCE PRO8 GRAMS, EXPANDED AND

9 MADE PERMANENT

10 SEC. 201. ADOPTION CREDIT, AND EXCLUSION FOR ADOP11 TION ASSISTANCE PROGRAMS, EXPANDED

12 AND MADE PERMANENT.

13 (a) INCREASE IN MAXIMUM BENEFIT.—

14 (1) Section 23(b)(1) of the Internal Revenue

15 Code of 1986 (relating to dollar limitation) is

16 amended by striking ‘‘$5,000 ($6,000’’ and inserting

17 ‘‘$7,500 ($10,000’’.

18 (2) Section 137(b)(1) of such Code is amended

19 by striking ‘‘$5,000 ($6,000’’ and all that follows

20 and inserting ‘‘the dollar limit applicable under sec21 tion 23(b)(1).’’.

22 (b) HIGHER INCOME TAXPAYERS ELIGIBLE FOR

23 BENEFITS.—

24 (1) Section 23(b)(2)(A)(i) of such Code (relat25 ing to income limitation) is amended by striking

26 ‘‘$75,000’’ and inserting ‘‘$150,000’’.
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1 (2) Section 137(b)(2)(A) of such Code is

2 amended by striking ‘‘$75,000’’ and inserting ‘‘the

3 dollar limit applicable under section 23(b)(2)(A)(i)’’.

4 (c) BENEFITS MADE PERMANENT FOR ALL CHIL5 DREN.—

6 (1) Paragraph (2) of section 23(d) of such Code

7 is amended to read as follows:

8 ‘‘(2) ELIGIBLE CHILD.—The term ‘eligible

9 child’ means any individual who—

10 ‘‘(A) has not attained age 18, or

11 ‘‘(B) is physically or mentally incapable of

12 caring for himself.’’.

13 (2) Section 137 of such Code is amended by

14 striking subsection (f) (relating to termination).

15 (d) COST-OF-LIVING ADJUSTMENT OF DOLLAR LIMI16 TATIONS.—Section 23 of such Code is amended by redes17 ignating subsection (h) as subsection (i) and by inserting

18 after subsection (g) the following new subsection:

19 ‘‘(h) COST-OF-LIVING ADJUSTMENT.—

20 ‘‘(1) IN GENERAL.—In the case of an adoption

21 which becomes final in any calendar year after 2001,

22 the dollar amounts in subsection (b)(1) and the

23 $150,000 amount in subsection (b)(2)(A)(i) with re24 spect to such adoption shall be increased by an

25 amount equal to—
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1 ‘‘(A) such dollar amount, multiplied by

2 ‘‘(B) the cost-of-living adjustment deter3 mined under section 1(f)(3) for such calendar

4 year by substituting ‘calendar year 2000’ for

5 ‘calendar year 1992’ in subparagraph (B)

6 thereof.

7 ‘‘(2) ROUNDING.—

8 ‘‘(A) MAXIMUM CREDIT AMOUNTS.—If any

9 dollar amount in subsection (b)(1) as adjusted

10 under the preceding sentence is not a multiple

11 of $100, such amount shall be rounded to the

12 nearest multiple of $100.

13 ‘‘(B) INCOME LIMITATION.—If the

14 $150,000 amount as adjusted under the pre15 ceding sentence is not a multiple of $1,000,

16 such amount shall be rounded to the nearest

17 multiple of $1,000.’’

18 (e) EFFECTIVE DATE.—The amendments made by

19 this section shall apply to taxable years beginning after

20 the date of the enactment of this Act.

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