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105TH CONGRESS

2D SESSION H. R. 4793

To amend title 5, United States Code, to allow Federal agencies to reimburse

their employees for certain adoption expenses.

IN THE HOUSE OF REPRESENTATIVES

OCTOBER 10, 1998

Mr. BLILEY (for himself and Mr. OBERSTAR) introduced the following bill;

which was referred to the Committee on Government Reform and Oversight

A BILL

To amend title 5, United States Code, to allow Federal

agencies to reimburse their employees for certain adoption expenses.

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

3 SECTION 1. REIMBURSEMENT FOR ADOPTION EXPENSES.

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

5 States Code, is amended by adding at the end the follow6 ing:

7 ‘‘§ 7906. Reimbursement for adoption expenses

8 ‘‘(a) DEFINITIONS.—For purposes of this section—

9 ‘‘(1) the term ‘qualifying adoption expenses’, as

10 used with respect to an employee, means reasonable
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1 and necessary adoption fees, court costs, attorney

2 fees, and other expenses—

3 ‘‘(A) which are directly related to, and the

4 principal purpose of which is for, the legal

5 adoption of an eligible child by the employee;

6 ‘‘(B) which are not incurred in violation of

7 State or Federal law or in carrying out any sur8 rogate parenting arrangement; and

9 ‘‘(C) which are not expenses in connection

10 with the adoption by an individual of a child

11 who is the child of such individual’s spouse;

12 ‘‘(2) the term ‘eligible child’ means any individ13 ual who—

14 ‘‘(A) has not attained age 18; or

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

16 caring for himself; and

17 ‘‘(3) the term ‘agency’ means—

18 ‘‘(A) an Executive agency;

19 ‘‘(B) the United States Postal Service;

20 ‘‘(C) the Postal Rate Commission; and

21 ‘‘(D) the judicial branch.

22 ‘‘(b) AUTHORIZATION TO REIMBURSE.—The head of

23 each agency may carry out a program under which an em24 ployee of such agency may be reimbursed, as provided in
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1 this section, for qualifying adoption expenses incurred by

2 such employee.

3 ‘‘(c) TREATMENT OF OTHER BENEFITS.—A benefit

4 may not be paid under this section for any expense paid

5 to or for an employee under any other adoption benefits

6 program administered by the Federal Government or

7 under any such program administered by a State or local

8 government.

9 ‘‘(d) LIMITATION.—Not more than $2,000 may be

10 paid under this section to an employee, or to two such

11 employees who are spouses of each other, for expenses in12 curred in the adoption of a child.

13 ‘‘(e) SOURCE OF FUNDS.—Any benefit or payment

14 pursuant to this section shall be paid out of funds avail15 able for salaries and expenses of the relevant agency.

16 ‘‘(f) REGULATIONS.—Any regulations necessary to

17 carry out this section may be prescribed by the head of

18 the relevant agency.

19 ‘‘(g) AGENCY HEAD.—The functions of an agency

20 head under this section shall, with respect to the judicial

21 branch, be carried out by the Director of the Administra22 tive Office of the United States Courts.’’.
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1 (b) CLERICAL AMENDMENT.—The table of sections

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

3 by adding at the end the following:

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

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