I

103D CONGRESS

1ST SESSION H. R. 3029

To establish grant programs and provide other forms of Federal assistance

to pregnant women, children in need of adoptive families, and individuals

and families adopting children.

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 8, 1993

Mr. SMITH of New Jersey (for himself, Mr. LIGHTFOOT, Mr. MAZZOLI, Mr.

UPTON, Mr. PORTER, Mr. INGLIS of South Carolina, Mr. BONIOR, Mr.

JOHNSON of South Dakota, Mr. PARKER, Mr. LAFALCE, Mr. EMERSON,

Mr. HALL of Ohio, Mr. SCHIFF, Mr. RANGEL, Mr. WALSH, Mr.

GALLEGLY, Mr. SOLOMON, Mr. WELDON, Mr. PAXON, Mr. HUTTO, Mr.

RIDGE, Mr. OBERSTAR, Mr. VISCLOSKY, Mrs. VUCANOVICH, Mr. ZIMMER,

Mr. WOLF, Mr. HYDE, and Mr. KYL) introduced the following bill; which

was referred jointly to the Committees on Energy and Commerce, Banking, Finance and Urban Affairs, Education and Labor, Post Office and

Civil Service, Armed Services, Merchant Marine and Fisheries, and Ways

and Means

A BILL

To establish grant programs and provide other forms of

Federal assistance to pregnant women, children in need

of adoptive families, and individuals and families adopting children.

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 ‘‘Omnibus Adoption Act

3 of 1993’’.

4 TITLE I—NATIONAL ADVISORY

5 COUNCIL ON ADOPTION

6 SEC. 101. NATIONAL ADVISORY COUNCIL ON ADOPTION.

7 (a) ESTABLISHMENT.—There is hereby established

8 the National Advisory Council on Adoption (in this section

9 referred to as the ‘‘Council’’).

10 (b) MEMBERSHIP.—Not later than 90 days after the

11 date of the enactment of this Act, the Secretary of Health

12 and Human Services shall appoint the members of the

13 Council, and shall include in such appointment as Council

14 members representatives of—

15 (1) private, nonprofit organizations involved in

16 child welfare and maternal and child health services,

17 including national organizations representing organi18 zations that provide adoption services or maternity

19 housing and services facilities;

20 (2) private, nonprofit organizations represent21 ing adopted children, adoptive families or biological

22 parents;

23 (3) organizations or agencies involved with pri24 vately arranged or international adoptions;

25 (4) organizations representing State and local

26 government agencies with responsibility for coordi-
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1 nating or regulating adoption services or maternity

2 and housing services facilities; and

3 (5) organizations representing State and local

4 courts or judicial entities with jurisdiction over is5 sues of family law.

6 (c) MEETINGS.—The Council shall hold such meet7 ings as may be appropriate, but shall meet at least once

8 every 90 days.

9 (d) DUTIES.—The Council shall—

10 (1) monitor on behalf of Congress the imple11 mentation of the programs established and activities

12 required under this Act and make such rec13 ommendations as it deems appropriate to help carry

14 out the intent of Congress in establishing such pro15 grams and requiring such activities;

16 (2) consult with the heads of departments and

17 agencies charged with the responsibility of carrying

18 out such programs and activities; and

19 (3) make such recommendations as it deems ap20 propriate, including recommendations regarding ad21 ditional legislation, to carry out the purposes of this

22 Act.

23 (e) TERMINATION.—The Council shall terminate at

24 the expiration of the 4-year period that begins on the date

25 of the enactment of this Act.
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1 TITLE II—ADOPTION DATA

2 COLLECTION SYSTEM

3 SEC. 201. REPORTS ON IMPLEMENTATION OF ADOPTION

4 DATA COLLECTION SYSTEM.

5 (a) REPORT ON STATUS OF FINAL REGULATIONS.—

6 (1) IN GENERAL.—Not later than 30 days after

7 the date of the enactment of this Act, the Secretary

8 of Health and Human Services shall submit to the

9 Congress a report on the status of the implementa10 tion of the data collection system required pursuant

11 to section 479 of the Social Security Act.

12 (2) SPECIFIC ASSURANCES REQUIRED.—The re13 port described in paragraph (1) shall include specific

14 assurances that under the data collection system—

15 (A) unnecessary diversions of resources

16 from agencies responsible for adoption and fos17 ter care shall be avoided;

18 (B) uniform definitions and methodologies

19 shall be used to ensure that any data collected

20 is reliable and consistent over time and among

21 jurisdictions;

22 (C) comprehensive national information

23 shall be provided with respect to—
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1 (i) the demographic characteristics of

2 all adopted and foster children and their

3 biological and adoptive or foster parents,

4 (ii) the status of the foster care popu5 lation, including the number of children in

6 foster care, the length and type of place7 ment, availability for adoption, and goals

8 for ending or continuing foster care,

9 (iii) the number and demographic

10 characteristics of all children placed in or

11 removed from foster care, children adopt12 ed, and children with respect to whom

13 adoptions have been terminated, and

14 (iv) the extent and nature of assist15 ance provided by Federal, State, and local

16 adoption and foster care programs and the

17 characteristics of the children with respect

18 to whom such assistance is provided; and

19 (D) appropriate requirements and incen20 tives shall be implemented to ensure that the

21 system functions reliably throughout the United

22 States.

23 (b) MONTHLY PROGRESS REPORTS.—Every 30 days

24 after the report described in subsection (a) is required to

25 be submitted, the Secretary of Health and Human Serv-
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1 ices shall submit to the Congress reports on the progress

2 made in implementing the data collection system referred

3 to in subsection (a).

4 (c) CONSULTATION WITH ADVISORY COUNCIL.—In

5 developing regulations needed to carry out this section, the

6 Secretary of Health and Human Services shall consult

7 with the National Advisory Council on Adoption estab8 lished under section 101(a).

9 TITLE III—ADOPTION

10 EDUCATION PROGRAMS

11 SEC. 301. SOCIAL WORK GRADUATE STUDY FELLOWSHIPS.

12 (a) PROGRAM ESTABLISHMENT.—Title IX of the

13 Higher Education Act of 1965 is amended by adding at

14 the end the following new part:

15 ‘‘PART H—SOCIAL WORK GRADUATE STUDY

16 ‘‘SEC. 981. AWARD OF FELLOWSHIPS.

17 ‘‘(a) IN GENERAL.—From the amount appropriated

18 to carry out this part, the Secretary shall award not more

19 than 50 fellowships in accordance with the provisions of

20 this part for study in graduate schools of social work that

21 offer innovative programs described in subsection (b) to

22 students selected on the basis of demonstrated achieve23 ment and exceptional promise. The fellowships shall be

24 awarded for only one academic year of study and shall

25 be renewable for two additional years.
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1 ‘‘(b) INNOVATIVE PROGRAMS DEFINED.—The pro2 grams described in this subsection are innovative pro3 grams concerning the effects of adoption on the children

4 who are adopted, the families who adopt children and the

5 biological parents who make an adoption plan. Acceptable

6 purposes for such programs include: basic research on the

7 short-term and long-term effects of adoption on adopted

8 children, biological parents and adoptive families; develop9 ment of model curriculum and instructional programs to

10 assist adopted children, biological parents and adoptive

11 families; development of innovative programs to counsel

12 pregnant women on the availability and benefits of choos13 ing to make an adoption plan; and any other program de14 termined to be consistent with the purposes of this section.

15 ‘‘(c) STUDENT SELECTION PROCEDURES.—The Sec16 retary shall, by regulation, establish such selection proce17 dures as are appropriate to carry out the purposes of this

18 part.

19 ‘‘SEC. 982. STIPENDS.

20 ‘‘(a) AWARD BY SECRETARY.—The Secretary shall

21 pay to individuals awarded fellowships under this part

22 such stipends (including such allowances for subsistence

23 and other expenses for such individuals and their depend24 ents) as the Secretary may determine to be appropriate,

25 adjusting such stipends as necessary so as not to exceed
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1 the fellow’s demonstrated level of need according to meas2 urements of need approved by the Secretary. The stipend

3 levels established by the Secretary shall reflect the purpose

4 of this program to encourage highly talented students to

5 undertake graduate study and shall provide a level of sup6 port comparable to that provided by federally funded grad7 uate fellowships in the science and engineering fields.

8 ‘‘(b) INSTITUTIONAL PAYMENTS.—(1) The Secretary

9 shall (in addition to the stipends paid to individuals under

10 subsection (a)) pay to the institution of higher education,

11 for each individual awarded a fellowship for pursuing a

12 course at such institution, $6,000, except that such

13 amount charged to a fellowship recipient and collected

14 from such recipient for tuition and other expenses re15 quired by the institution as part of the recipient’s instruc16 tional program shall be deducted from the payment of the

17 institution under this subsection.

18 ‘‘(2) Subject to the availability of appropriations,

19 amounts payable to an institution by the Secretary pursu20 ant to this subsection shall not be reduced for any purpose

21 other than the purposes specified under paragraph (1).

22 ‘‘SEC. 983. FELLOWSHIP CONDITIONS.

23 ‘‘(a) REQUIREMENTS FOR RECEIPT.—An individual

24 awarded a fellowship under the provisions of this part

25 shall continue to receive payments provided in section 982
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1 only during such periods as the Secretary finds that he

2 is maintaining satisfactory proficiency in, and devoting es3 sentially full time to, study or research in the field in

4 which such fellowship was awarded, in an institution of

5 higher education, and is not engaging in gainful employ6 ment other than part-time employment by such institution

7 in teaching, research, or similar activities, approved by the

8 Secretary.

9 ‘‘(b) REPORTS FROM RECIPIENTS.—The Secretary is

10 authorized to require reports containing such information

11 in such form and to file at such times as the Secretary

12 determines necessary from any person awarded a fellow13 ship under the provisions of this part. The reports shall

14 be accompanied by a certificate from an appropriate offi15 cial at the institution of higher education, stating that

16 such individual is making satisfactory progress in, and is

17 devoting essentially full time to the program for which the

18 fellowship was awarded.

19 ‘‘SEC. 984. AUTHORIZATION OF APPROPRIATIONS.

20 ‘‘There are authorized to be appropriated to carry out

21 this part $1,000,000 for fiscal year 1993, and such sums

22 as may be necessary for each of the 4 succeeding fiscal

23 years.’’.

24 (b) CONSULTATION WITH ADVISORY COUNCIL.—In

25 developing regulations needed to carry out part H of title
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1 IX of the Higher Education Act of 1965 (as added by

2 subsection (a)), the Secretary of Education shall consult

3 with the National Advisory Council on Adoption estab4 lished under section 101(a).

5 SEC. 302. GRANTS FOR ADOPTION EDUCATION PROGRAMS.

6 (a) PROGRAM AUTHORIZED.—Not later than 1 year

7 after the date of the enactment of this Act, the Secretary

8 of Education (in this section referred to as the ‘‘Sec9 retary’’) shall make grants to States that agree to adopt

10 programs of adoption education for purposes of carrying

11 out such programs.

12 (b) GRANT AMOUNTS.—The Secretary shall deter13 mine the amount of the grant any State is eligible to re14 ceive under this section based on the estimated size and

15 cost of the program to be assisted under the grant and

16 the number of children to be served by the program.

17 (c) APPLICATION.—Any State that desires to receive

18 a grant under this section shall submit to the Secretary

19 an application at such time, in such manner, and contain20 ing or accompanied by such information and assurances

21 as the Secretary may reasonably require.

22 (d) GUIDELINES.—The Secretary shall by regulation

23 publish guidelines for model adoption programs to be as24 sisted under this section.
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1 (e) CONSULTATION WITH ADVISORY COUNCIL.—In

2 developing regulations needed to carry out this section, the

3 Secretary shall consult with the National Advisory Council

4 on Adoption established under section 101(a).

5 (f) AUTHORIZATION OF APPROPRIATIONS.—There

6 are authorized to be appropriated to carry out this section

7 $25,000,000 for each of the fiscal years 1993, 1994, and

8 1995.

9 TITLE IV—ADOPTION BENEFITS

10 FOR FEDERAL EMPLOYEES

11 AND MILITARY PERSONNEL

12 SEC. 401. ADOPTION BENEFITS FOR FEDERAL EMPLOYEES.

13 (a) LEAVE.—Section 6307 of title 5, United States

14 Code, is amended—

15 (1) by redesignating subsection (c) as sub16 section (d);

17 (2) by inserting after subsection (b) the follow18 ing:

19 ‘‘(c) Sick leave provided by this section may be used

20 for purposes relating to the adoption of a child.’’; and

21 (3) in subsection (d) (as so redesignated by

22 paragraph (1)), by inserting ‘‘or for purposes relat23 ing to the adoption of a child,’’ after ‘‘ailment,’’.

24 (b) HEALTH BENEFITS FOR THE BIOLOGICAL

25 MOTHER.—
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1 (1) GENERALLY.—Section 8904(a) of title 5,

2 United States Code, is amended in each of para3 graphs (1) and (2) by adding after subparagraph

4 (F) the following new subparagraph:

5 ‘‘(G) Prenatal and maternity benefits

6 (other than benefits relating to a surrogate

7 parenting arrangement) for the biological moth8 er of an adoptive child.’’.

9 (2) SPECIFICS.—Section 8902 of title 5, United

10 States Code, is amended by adding at the end the

11 following:

12 ‘‘(o)(1) The Office shall by regulation establish mini13 mum standards relating to benefits provided by any health

14 benefits plan described in section 8903 or 8903a in con15 nection with prenatal or maternity care for the biological

16 mother of a child adopted by an enrollee and medical care

17 for the adopted child. Under the regulations, benefits—

18 ‘‘(A) shall be payable for care for the mother

19 and for the child provided after the date as of which

20 the enrollee furnishes written notice (complete with

21 such information and in such form as the Office

22 may reasonably require, except that such informa23 tion may not include information relating to the

24 identity of the biological parents) of a specific intent

25 to adopt;
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1 ‘‘(B) shall be contingent on the adoption be2 coming final; and

3 ‘‘(C) may not be payable in connection with any

4 surrogate parenting arrangement.

5 ‘‘(2) Nothing in this subsection shall be considered

6 to prevent the Office from entering into a contract under

7 which the carrier agrees to provide benefits in connection

8 with care provided on or before the date referred to in

9 paragraph (1)(A).’’.

10 SEC. 402. ADOPTION PROVISIONS RELATING TO MEMBERS

11 OF THE UNIFORMED SERVICES.

12 (a) REIMBURSEMENT OF EXPENSES FOR PRENATAL

13 AND MATERNITY CARE FOR THE BIOLOGICAL MOTHER

14 UNDER DOD ADOPTION PROGRAM.—

15 (1) REIMBURSEMENT.—Subsection (g)(2) of

16 section 1052 of title 10, United States Code, is

17 amended—

18 (A) by striking ‘‘and’’ at the end of sub19 paragraph (C); and

20 (B) by striking subparagraph (D) and in21 serting the following new subparagraphs:

22 ‘‘(D) prenatal and maternity care provided

23 to the biological mother of the child to be

24 adopted on and after the date on which the

25 member notifies the Secretary of Defense, in
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1 such manner as the Secretary may require by

2 rule, of the intent of the member to adopt the

3 child of the biological mother; and

4 ‘‘(E) medical expenses of a newborn infant

5 to be adopted by the member.’’.

6 (2) EXPANSION.—Such section is further

7 amended—

8 (A) in subsections (a), (d), (e), and

9 (g)(2)(C), by striking ‘‘armed forces’’ each

10 place it appears and inserting ‘‘uniformed serv11 ices’’; and

12 (B) by adding at the end of subsection (g)

13 the following new paragraph:

14 ‘‘(3) The term ‘uniformed services’ does not in15 clude the Coast Guard since members of the Coast

16 Guard are reimbursed for adoption expenses under

17 section 514 of title 14.’’.

18 (3) EXCEPTION TO REIMBURSEMENT.—Sub19 section (b) of such section is amended by adding at

20 the end the following new sentence: ‘‘No reimburse21 ment may be made under subsection (a) for ex22 penses incurred in carrying out a surrogate

23 parenting arrangement.’’.

24 (4) CONFIDENTIALITY.—Subsection (f) of such

25 section is amended by adding at the end the follow-
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1 ing new sentence: ‘‘The Secretary may not require

2 the member to provide information relating to the

3 identity of the biological mother.’’.

4 (5) APPLICATION OF AMENDMENTS.—In the

5 case of a member of the commissioned corps of the

6 National Oceanic and Atmospheric Administration

7 or the commissioned corps of the Public Health

8 Service, section 1052 of title 10, United States

9 Code, as amended by paragraph (2), shall apply with

10 respect to an adoption of a child by such a member

11 that becomes final after September 30, 1993.

12 (b) REIMBURSEMENT OF EXPENSES FOR PRENATAL

13 AND MATERNITY CARE FOR THE BIOLOGICAL MOTHER

14 UNDER COAST GUARD ADOPTION PROGRAM.—

15 (1) REIMBURSEMENT.—Subsection (g)(2) of

16 section 514 of title 14, United States Code, is

17 amended—

18 (A) by striking ‘‘and’’ at the end of sub19 paragraph (C); and

20 (B) by striking subparagraph (D) and in21 serting the following new subparagraphs:

22 ‘‘(D) prenatal and maternity care provided

23 to the biological mother of the child to be

24 adopted on and after the date on which the

25 member notifies the Secretary, in such manner
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1 as the Secretary may require by rule, of the in2 tent of the member to adopt the child of the bi3 ological mother; and

4 ‘‘(E) medical expenses of a newborn infant

5 to be adopted by the member.’’.

6 (2) EXCEPTION TO REIMBURSEMENT.—Sub7 section (b) of such section is amended by adding at

8 the end the following new sentence: ‘‘No reimburse9 ment may be made under subsection (a) for ex10 penses incurred in carrying out a surrogate

11 parenting arrangement.’’.

12 (3) CONFIDENTIALITY.—Subsection (f) of such

13 section is amended by adding at the end the follow14 ing new sentence: ‘‘The Secretary may not require

15 the member to provide information relating to the

16 identity of the biological mother.’’.

17 (c) AUTHORIZED CARE FOR MILITARY DEPENDENTS

18 TO INCLUDE PRENATAL CARE.—Section 1077(a)(8) of

19 title 10, United States Code, is amended by striking ‘‘Ma20 ternity’’ and inserting ‘‘Prenatal, maternity,’’.

21 (d) AUTHORIZED CARE FOR ADOPTED CHILDREN TO

22 INCLUDE CARE FOR PREEXISTING CONDITIONS.—Section

23 1077 of title 10, United States Code, is amended by add24 ing at the end the following new subsection:
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1 ‘‘(e) In the case of an adopted child of a member of

2 a uniformed service, health care provided under section

3 1076 of this title shall include care for any condition of

4 the adopted child that predates the date of the adoption

5 of the child.’’.

6 (e) ADOPTED CHILD DEFINED.—Section 1072 of

7 title 10, United States Code, is amended by adding at the

8 end the following new paragraph:

9 ‘‘(6) The term ‘adopted child’ means a child

10 with respect to whom a written plan of adoption by

11 the member has been entered into pursuant to the

12 laws of the State in which the child resides.’’.

13 SEC. 403. COORDINATION OF EFFORTS BETWEEN OFFICE

14 OF PERSONNEL MANAGEMENT AND DEPART15 MENT OF DEFENSE.

16 The Director of the Office of Personnel Management,

17 the Secretary of Defense, and the Secretary of Transpor18 tation shall, to the greatest extent possible—

19 (1) coordinate their efforts in developing regula20 tions and guidelines necessary to carry out their re21 spective responsibilities resulting from the amend22 ments made by sections 401 and 402; and

23 (2) consult with the National Advisory Council

24 on Adoption established under section 101(a) in de25 veloping such regulations and guidelines.
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1 TITLE V—ADOPTION TAX

2 CREDIT

3 SEC. 501. REFUNDABLE CREDIT FOR ADOPTION EXPENSES.

4 (a) CREDIT FOR ADOPTION EXPENSES.—

5 (1) IN GENERAL.—Subpart C of part IV of sub6 chapter A of chapter 1 of the Internal Revenue Code

7 of 1986 (relating to refundable credits) is amended

8 by redesignating section 35 as section 36 and by in9 serting after section 34 the following new section:

10 ‘‘SEC. 35. ADOPTION EXPENSES.

11 ‘‘(a) ALLOWANCE OF CREDIT.—In the case of an in12 dividual, there shall be allowed as a credit against the tax

13 imposed by this subtitle for the taxable year the amount

14 of the qualified adoption expenses paid or incurred by the

15 taxpayer during such taxable year.

16 ‘‘(b) LIMITATIONS.—

17 ‘‘(1) DOLLAR LIMITATION.—The aggregate

18 amount of qualified adoptions expenses which may

19 be taken into account under subsection (a) with re20 spect to the adoption of a child shall not exceed

21 $5,000.

22 ‘‘(2) INCOME LIMITATION.—The amount allow23 able as a credit under subsection (a) for any taxable

24 year shall be reduced (but not below zero) by an

25 amount which bears the same ratio to the amount
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1 so allowable (determined without regard to this

2 paragraph but with regard to paragraph (1)) as—

3 ‘‘(A) the amount (if any) by which the tax4 payer’s adjusted gross income exceeds $60,000,

5 bears to

6 ‘‘(B) $40,000.

7 For purposes of this paragraph, adjusted gross in8 come shall be determined without regard to section

9 136.

10 ‘‘(3) DENIAL OF DOUBLE BENEFIT.—

11 ‘‘(A) IN GENERAL.—No credit shall be al12 lowed under subsection (a) for any expense for

13 which a deduction or credit is allowable under

14 any other provision of this chapter.

15 ‘‘(B) GRANTS.—No credit shall be allowed

16 under subsection (a) for any expenses paid from

17 any funds received under any Federal, State, or

18 local program.

19 ‘‘(c) QUALIFIED ADOPTION EXPENSES.—For pur20 poses of this section, the term ‘qualified adoption ex21 penses’ means reasonable and necessary adoption fees,

22 court costs, attorney fees, and other expenses which are

23 directly related to the legal adoption of a child by the tax24 payer and which are not incurred in violation of State or

25 Federal law or in carrying out any surrogate parenting
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1 arrangement. The term ‘qualified adoption expenses’ shall

2 not include any expenses in connection with the adoption

3 by an individual of a child who is the child of such individ4 ual’s spouse.’’.

5 (2) CLERICAL AMENDMENT.—The table of sec6 tions for such subpart C is amended by striking the

7 last item and inserting the following:

‘‘Sec. 35. Adoption expenses.

‘‘Sec. 36. Overpayments of tax.’’.

8 (b) EFFECTIVE DATE.—The amendments made by

9 subsection (a) shall apply to taxable years beginning after

10 December 31, 1992.

11 TITLE VI—MATERNAL HEALTH

12 CERTIFICATES PROGRAM

13 SEC. 601. MATERNAL HEALTH CERTIFICATES FOR ELIGI14 BLE PREGNANT WOMEN.

15 (a) ESTABLISHMENT OF MATERNAL HEALTH CER16 TIFICATES FOR ELIGIBLE PREGNANT WOMEN.—Not later

17 than 180 days after the date of the enactment of this Act,

18 the Secretary shall establish a program to provide mater19 nal health certificates for eligible pregnant women to use

20 to cover expenses incurred in receiving services at a mater21 nity and housing services facility.

22 (b) ELIGIBILITY OF INDIVIDUALS.—

23 (1) IN GENERAL.—A pregnant woman is eligi24 ble to receive a maternal health certificate under the
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1 program established under subsection (a) if the

2 woman—

3 (A) has an annual individual income (de4 termined without taking into account the in5 come of any parent or guardian of the individ6 ual) not greater than 175 percent of the income

7 official poverty line (as defined by the Office of

8 Management and Budget, and revised annually

9 in accordance with section 673(2) of the Omni10 bus Budget Reconciliation Act of 1981) applica11 ble to such individual; and

12 (B) provides the Secretary with such other

13 information and assurances as the Secretary

14 may require.

15 (2) INCOME OF ESTRANGED SPOUSE NOT IN16 CLUDED.—In determining the income of an individ17 ual for purposes of paragraph (1)(A), there shall not

18 be included the income of a spouse if the spouse has

19 been living apart from the woman for not less than

20 6 months.

21 (3) PARTICIPATION IN AFDC PROGRAM NOT RE22 QUIRED.—An individual otherwise eligible to receive

23 a maternal health certificate under the program es24 tablished under subsection (a) shall not be found in25 eligible to receive such a certificate solely on the
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1 grounds that the individual does not receive aid

2 under the State plan for aid to families with depend3 ent children under part A of title IV of the Social

4 Security Act.

5 (c) LIMITATIONS ON AMOUNT OF EXPENSES IN6 CURRED.—A certificate received under the program estab7 lished under subsection (a) may be used to cover an

8 amount of expenses incurred by an individual at a mater9 nity housing and services facility that does not exceed an

10 amount equal to—

11 (1) $100; multiplied by

12 (2) the number of days during which such serv13 ices are provided to the individual at such facility.

14 (d) CONSULTATION WITH ADVISORY COUNCIL.—In

15 developing regulations needed to carry out the program

16 established under subsection (a), the Secretary shall con17 sult with the National Advisory Council on Adoption es18 tablished under section 101(a).

19 (e) DEFINITIONS.—For purposes of this section:

20 (1) MATERNITY AND HOUSING SERVICES FA21 CILITY.—The term ‘‘maternity and housing services

22 facility’’ means a nonprofit facility licensed or other23 wise approved by the State in which the facility is

24 located to serve as a residence for not fewer than 4

25 pregnant women during pregnancy and for a limited
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1 period after the date on which the child carried dur2 ing the pregnancy is born, as the Secretary may de3 termine, that provides such pregnant women with

4 appropriate supportive services, which may include

5 the following supportive services:

6 (A) Room and board.

7 (B) Medical care (provided either at the

8 facility or off-site) for the woman and her child,

9 including prenatal, delivery, and post-delivery

10 care.

11 (C) Instruction and counseling regarding

12 future health care for the woman and her child.

13 (D) Nutrition services and nutrition coun14 seling.

15 (E) Counseling and education concerning

16 all aspects of prenatal care, childbirth, and

17 motherhood.

18 (F) General family counseling, including

19 child and family development counseling.

20 (G) Adoption counseling.

21 (H) Vocational and educational counseling

22 and services.

23 (I) Basic transportation services to enable

24 the woman to obtain services from the facility.
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1 (2) PREGNANT WOMAN.—The term ‘‘pregnant

2 woman’’ means a woman determined to have one or

3 more fetuses in utero.

4 (3) SECRETARY.—The term ‘‘Secretary’’ means

5 the Secretary of Health and Human Services.

6 (f) AUTHORIZATION OF APPROPRIATIONS.—There

7 are authorized to be appropriated for maternal health cer8 tificates under this section—

9 (1) $50,000,000 for fiscal year 1993;

10 (2) $75,000,000 for fiscal year 1994; and

11 (3) $100,000,000 for fiscal year 1995.

12 TITLE VII—REHABILITATION

13 GRANTS FOR MATERNITY

14 HOUSING AND SERVICES FA15 CILITIES

16 SEC. 701. ESTABLISHMENT OF GRANT PROGRAM.

17 The Secretary of Housing and Urban Development

18 shall carry out a program to provide assistance under this

19 title to eligible nonprofit entities for rehabilitation of exist20 ing structures for use as facilities to provide housing and

21 services to pregnant women.

22 SEC. 702. AUTHORITY AND APPLICATIONS.

23 (a) AUTHORITY.—The Secretary may make grants

24 under the program under this title to eligible nonprofit
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1 entities to rehabilitate existing structures for use as ma2 ternity housing and services facilities.

3 (b) APPLICATIONS.—The Secretary may make grants

4 only to nonprofit entities that submit applications for

5 grants under this title in the form and manner that the

6 Secretary shall prescribe, which shall include assurances

7 that grant amounts will be used to provide a maternity

8 housing and services facility.

9 SEC. 703. GRANT LIMITATIONS.

10 (a) MAXIMUM GRANT AMOUNT.—A grant under this

11 title may not be in an amount greater than $1,000,000.

12 An eligible nonprofit entity may not receive more than 1

13 grant under this title in any fiscal year.

14 (b) MAXIMUM NUMBER OF GRANTS.—The Secretary

15 may not make grants under this title to more than 100

16 eligible nonprofit entities in any fiscal year.

17 (c) USE OF GRANTS FOR REHABILITATION ACTIVI18 TIES.—Any eligible nonprofit entity that receives a grant

19 under this title shall use the grant amounts for the acqui20 sition or rehabilitation (or both) of existing structures for

21 use as a maternity housing and services facility, which

22 may include planning and development costs, professional

23 fees, and administrative costs related to such acquisition

24 or rehabilitation.
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1 SEC. 704. REPORTS.

2 The Secretary shall require each eligible nonprofit en3 tity that receives a grant under this title to submit to the

4 Secretary a report, at such times and including such infor5 mation as the Secretary shall determine, describing the

6 activities carried out by the eligible nonprofit entity with

7 the grant amounts.

8 SEC. 705. DEFINITIONS.

9 For purposes of this title:

10 (1) ELIGIBLE NONPROFIT ENTITIES.—The term

11 ‘‘eligible nonprofit entity’’ means any organization

12 that—

13 (A) is described in section 501(c)(3) of the

14 Internal Revenue Code of 1986 that is exempt

15 from taxation under subtitle A of such Code;

16 and

17 (B) has submitted an application under

18 section 702(b) for a grant under this title.

19 (2) MATERNITY HOUSING AND SERVICES FA20 CILITY.—The term ‘‘maternity housing and services

21 facility’’ means a facility licensed or otherwise ap22 proved by the State in which the facility is located

23 to serve as a residence for not fewer than 4 preg24 nant women during pregnancy and for a limited pe25 riod after the date on which the child carried during

26 the pregnancy is born, as the Secretary may deter-
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1 mine, that provides such pregnant women with ap2 propriate supportive services, which may include the

3 following services:

4 (A) Room and board.

5 (B) Medical care for the woman and her

6 child, including prenatal, delivery, and post-de7 livery care.

8 (C) Instruction and counseling regarding

9 future health care for the woman and her child.

10 (D) Nutrition services and nutrition coun11 seling.

12 (E) Counseling and education concerning

13 all aspects of prenatal care, childbirth, and

14 motherhood.

15 (F) General family counseling, including

16 child and family development counseling.

17 (G) Adoption counseling.

18 (H) Vocational and educational counseling

19 and services.

20 (I) Basic transportation services to enable

21 the woman to obtain services from the facility.

22 (J) Any other appropriate supportive serv23 ices.
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1 (3) PREGNANT WOMAN.—The term ‘‘pregnant

2 woman’’ means a woman determined to have one or

3 more fetuses in utero.

4 (4) SECRETARY.—The term ‘‘Secretary’’ means

5 the Secretary of Housing and Urban Development.

6 SEC. 706. REGULATIONS AND CONSULTATION WITH ADVI7 SORY COUNCIL.

8 The Secretary shall issue any regulations necessary

9 to carry out this title. In developing such regulations, the

10 Secretary shall consult with the National Advisory Council

11 on Adoption established under section 101(a).

12 SEC. 707. AUTHORIZATION OF APPROPRIATIONS.

13 There are authorized to be appropriated to carry out

14 this title $25,000,000 for fiscal year 1993, $40,000,000

15 for fiscal year 1994, and $60,000,000 for fiscal year 1995.

16 TITLE VIII—SENSE OF CON17 GRESS REGARDING CHANGES

18 IN STATE ADOPTION LAWS

19 SEC. 801. SENSE OF CONGRESS.

20 (a) IN GENERAL.—It is the sense of Congress that

21 each State should adopt, and assume responsibility for en22 forcing, laws, rules, or regulations that would provide

23 that—

24 (1) the State shall make available to a prospec25 tive adoptive parent all relevant information with re-
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1 spect to the placement of the child for adoption, in2 cluding information with respect to the medical, so3 cial, and economic history and ethnic background of

4 the child and the child’s biological parents (except to

5 the extent that such information would identify the

6 child or biological parents) and shall impose criminal

7 penalties on any person who makes an unauthorized

8 disclosure of such information;

9 (2) a State-approved professional working in a

10 licensed agency setting shall investigate the prospec11 tive adoptive parent of a child before the child is

12 placed with such parent for adoption;

13 (3) the courts of the State shall not finalize any

14 adoption before each party to the adoption proceed15 ing has submitted to the court all information relat16 ing to the costs incurred by or on behalf of the party

17 in connection with the adoption, including a list of

18 all payments, benefits, gifts, or other things of value;

19 (4) the State shall guarantee adequate legal

20 representation with respect to the adoption proceed21 ing to the biological mother of a child who is the

22 subject of such proceeding, if the parent wants sepa23 rate legal representation;

24 (5) if a child is placed with an individual pursu25 ant to a written plan of adoption before the adoption
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1 occurs and such individual does not file a petition

2 for the adoption of the child with the appropriate

3 court during the the 1-year period beginning on the

4 date the child is placed with such individual, such

5 individual shall be barred from adopting the child;

6 and

7 (6) with respect to each health benefit plan pro8 viding coverage to individuals in the State—

9 (A) each such plan provide coverage of

10 health expenses relating to pregnancy and child11 birth (but not including any expenses relating

12 to carrying out a surrogate parenting arrange13 ment)—

14 (i) upon the adoption of a child by an

15 individual enrolled in the plan, for the

16 child and for the biological mother of such

17 child, but only with respect to expenses in18 curred after the individual enrolled in the

19 plan furnishes written notice to the spon20 sor of the plan of the individual’s intent to

21 adopt the biological mother’s child, and

22 (ii) for any dependent child of an indi23 vidual enrolled in the plan; and

24 (B) the sponsor of such a plan may not ex25 clude, terminate, or otherwise limit coverage
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1 under the plan with respect to the adopted child

2 of an individual enrolled in the plan on the

3 basis that such child has a pre-existing condi4 tion.

5 (b) DEFINITIONS.—For purposes of this section—

6 (1) the term ‘‘health benefit plan’’ means any

7 plan, fund, or program that provides medical care to

8 participants or beneficiaries directly or through in9 surance, reimbursement, or otherwise;

10 (2) the term ‘‘pre-existing condition’’ means

11 any disease, disability, disorder, impairment, or

12 other health condition; and

13 (3) the term ‘‘sponsor’’ means any entity in a

14 State providing a health benefit plan in a State.

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