II

106TH CONGRESS

2D SESSION S. 2227

To amend chapter 79 of title 5, United States Code, to allow Federal agencies

to reimburse their employees for certain adoption expenses, and for

other purposes.

IN THE SENATE OF THE UNITED STATES

MARCH 9, 2000

Mr. BOND (for himself, Ms. LANDRIEU, Mr. CRAIG, Mrs. LINCOLN, Mr.

JOHNSON, Mr. LIEBERMAN, Mr. JEFFORDS, Mr. ROBB, Mr. STEVENS,

and Mr. WARNER) introduced the following bill; which was read twice and

referred to the Committee on Governmental Affairs

A BILL

To amend chapter 79 of title 5, United States Code, to

allow Federal agencies to reimburse their employees for

certain adoption expenses, and for other purposes.

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

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Federal Employees

5 Adoption Assistance Act’’.
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1 SEC. 2. REIMBURSEMENT FOR ADOPTION EXPENSES.

2 (a) IN GENERAL.—Chapter 79 of title 5, United

3 States Code, is amended by adding at the end the fol4 lowing:

5 ‘‘§ 7906. Reimbursement for adoption expenses

6 ‘‘(a) In this section:

7 ‘‘(1) The term ‘agency’ means—

8 ‘‘(A) an Executive agency; and

9 ‘‘(B) the judicial branch.

10 ‘‘(2) The term ‘eligible child’ means any indi11 vidual who—

12 ‘‘(A) has not attained the age of 18 years;

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

14 self-care; or

15 ‘‘(C) is a child with special needs, as de16 fined in section 473(c) of the Social Security

17 Act.

18 ‘‘(3) The term ‘head of an agency’ means, in

19 the case of the judicial branch, the Director of the

20 Administrative Office of the United States Courts.

21 ‘‘(4) The term ‘qualified adoption expenses’, as

22 used with respect to an employee, means reasonable

23 and necessary expenses that—

24 ‘‘(A) are directly related to, and the prin25 cipal purpose of which is for, the legal adoption

26 of an eligible child by the employee;
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1 ‘‘(B) are not incurred in violation of Fed2 eral or State law or in carrying out any surro3 gate parenting arrangement; and

4 ‘‘(C) are not incurred in connection with

5 the adoption by an individual of a child who is

6 the child of such individual’s spouse.

7 ‘‘(b) Each head of an agency shall carry out a pro8 gram under which an employee of such agency may be

9 reimbursed, as provided in this section, for qualified adop10 tion expenses incurred by such employee.

11 ‘‘(c) A benefit may not be paid under this section for

12 any expense paid to or for an employee under any other

13 adoption benefits program administered by the Federal

14 Government or under any such program administered by

15 a State or local government.

16 ‘‘(d) In no event may more than $2,000 be paid

17 under this section for expenses incurred in connection with

18 the adoption of any 1 child (even if both adopting parents

19 are employees).

20 ‘‘(e) Any amount payable under this section to an em21 ployee shall be paid from the appropriation or fund used

22 to pay such employee.

23 ‘‘(f)(1) The Director of the Office of Personnel Man24 agement may issue any general guidelines that the Office
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1 considers to be necessary to promote the uniform adminis2 tration of this section.

3 ‘‘(2) Each head of an agency shall prescribe regula4 tions to carry out this section. Any regulations prescribed

5 by the head of an agency within the executive branch to

6 carry out this section shall be consistent with any guide7 lines issued under paragraph (1).

8 ‘‘(3) On the request of any agency, the Director of

9 the Office of Personnel Management may provide con10 sulting, technical, and other similar assistance to carry out

11 this section.’’.

12 (b) APPLICABILITY TO THE UNITED STATES POSTAL

13 SERVICE AND THE POSTAL RATE COMMISSION.—Section

14 1005(d)(2) of title 39, United States Code, is amended

15 by inserting ‘‘section 7906,’’ after ‘‘5532,’’.

16 (c) CLERICAL AMENDMENT.—The table of sections

17 for chapter 79 of title 5, United States Code, is amended

18 by adding at the end the following:

‘‘7906. Reimbursement for adoption expenses.’’.

19 SEC. 3. EFFECTIVE DATE.

20 The amendments made by this Act shall apply with

21 respect to expenses incurred not earlier than the date of

22 enactment of this Act.

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