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103D CONGRESS

1ST SESSION H. R. 1911

To amend title 5, United States Code, to provide for the reimbursement

of expenses incurred by a Federal employee in the adoption of a child.

IN THE HOUSE OF REPRESENTATIVES

APRIL 28, 1993

Mrs. SCHROEDER introduced the following bill; which was referred to the

Committee on Post Office and Civil Service

A BILL

To amend title 5, United States Code, to provide for the

reimbursement of expenses incurred by a Federal employee in the adoption of a child.

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.—Subpart G of part III of title 5,

5 United States Code, is amended by adding at the end the

6 following:

7 ‘‘CHAPTER 90—MISCELLANEOUS EMPLOYEE

8 BENEFITS

‘‘9001. Adoption benefits.
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1 ‘‘§ 9001. Adoption benefits

2 ‘‘(a) For the purpose of this section—

3 ‘‘(1) the term ‘agency’ means—

4 ‘‘(A) an Executive agency;

5 ‘‘(B) an agency in the judicial branch; and

6 ‘‘(C) an agency in the legislative branch

7 (other than any included under subparagraph

8 (A));

9 ‘‘(2) the term ‘employee’ does not include any

10 individual who, pursuant to the exercise of any au11 thority under section 8913(b), is excluded from par12 ticipating in the health insurance program under

13 chapter 89; and

14 ‘‘(3) the term ‘adoption expenses’, as used with

15 respect to a child, means any reasonable and nec16 essary expenses directly relating to the adoption of

17 such child, including—

18 ‘‘(A) fees charged by an adoption agency;

19 ‘‘(B) placement fees;

20 ‘‘(C) legal fees;

21 ‘‘(D) counseling fees;

22 ‘‘(E) medical expenses, including those re23 lating to obstetrical care for the biological

24 mother, medical care for the child, and physical

25 examinations for the adopting parent or par26 ents;
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1 ‘‘(F) foster-care charges; and

2 ‘‘(G) transportation expenses.

3 ‘‘(b) The head of each agency shall by regulation es4 tablish a program under which any employee of such agen5 cy who adopts a child shall be reimbursed for any adoption

6 expenses incurred by such employee in the adoption of

7 such child.

8 ‘‘(c) Under the regulations, reimbursement may be

9 provided only—

10 ‘‘(1) after the adoption becomes final, as

11 determined under the laws of the jurisdiction

12 governing the adoption;

13 ‘‘(2) if, at the time the adoption becomes

14 final, the child is under 18 years of age and un15 married; and

16 ‘‘(3) if appropriate written application is

17 filed within such time, complete with such infor18 mation, and otherwise in accordance with such

19 procedures as may be required.

20 ‘‘(d)(1) Reimbursement for an employee under this

21 section with respect to any particular child—

22 ‘‘(A) shall be payable only if, or to the extent

23 that, similar benefits paid (or payable) under one or

24 more programs established under State law or an25 other Federal statute have not met (or would not
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1 meet) the full amount of the adoption expenses in2 curred; and

3 ‘‘(B) may not exceed $2,000.

4 ‘‘(2)(A) In any case in which both adopting parents

5 are employees eligible for reimbursement under this sec6 tion, each parent shall be eligible for an amount deter7 mined in accordance with paragraph (1), except as pro8 vided in subparagraph (B).

9 ‘‘(B) No amount shall be payable under this section

10 if, or to the extent that, payment of such amount would

11 cause the sum of the total amount payable to the adoptive

12 parents under this section, and the total amount paid (or

13 payable) to them under any program or programs referred

14 to in paragraph (1)(A), to exceed the lesser of—

15 ‘‘(i) the total adoption expenses incurred; or

16 ‘‘(ii) $4,000.

17 ‘‘(3) The guidelines issued under subsection (g) shall

18 include provisions relating to interagency cooperation and

19 other appropriate measures to carry out this subsection.

20 ‘‘(e) Any amount payable under this section shall be

21 paid from the appropriation or fund used to pay the em22 ployee involved.

23 ‘‘(f) An application for reimbursement under this sec24 tion may not be denied based on the marital status of the

25 individual applying.
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1 ‘‘(g)(1) The Office of Personnel Management may

2 issue any general guidelines which the Office considers

3 necessary to promote the uniform administration of this

4 section.

5 ‘‘(2) The regulations prescribed by the head of each

6 Executive agency under this section shall be consistent

7 with any guidelines issued under paragraph (1).

8 ‘‘(3) Upon the request of any agency, the Office may

9 provide consulting, technical, and any other similar assist10 ance necessary to carry out this section.’’.

11 (b) CONFORMING AMENDMENTS.—(1) The heading

12 of subpart G of part III of title 5, United States Code,

13 is amended to read as follows:

14 ‘‘SUBPART G—ANNUITIES, INSURANCE, AND

15 MISCELLANEOUS BENEFITS’’.

16 (2) The analysis for part III of title 5, United States

17 Code, is amended—

18 (A) by striking the item relating to subpart G

19 and inserting in lieu thereof the following:

20 ‘‘SUBPART G—ANNUITIES, INSURANCE, AND

21 MISCELLANEOUS BENEFITS’’; and

22 (B) by adding after the item relating to chapter

23 89 the following:

‘‘90. Miscellaneous Employee Benefits ...................................... 9001’’.
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1 SEC. 2. APPLICABILITY TO POSTAL EMPLOYEES.

2 Section 1005 of title 39, United States Code, is

3 amended by adding at the end the following:

4 ‘‘(g) Section 9001 of title 5 shall apply to the Postal

5 Service. Regulations prescribed by the Postal Service to

6 carry out this subsection shall be consistent with any

7 guidelines issued under subsection (g)(1) of such sec8 tion.’’.

9 SEC. 3. EFFECTIVE DATE.

10 This Act shall take effect on October 1, 1993, and

11 shall apply with respect to any adoption which becomes

12 final (determined in the manner described in section

13 9001(c)(1) of title 5, United States Code, as added by this

14 Act) on or after that date.

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