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, Bank-
ing, 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 adopt-
ing children.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Omnibus Adoption Act
of 1993’’.
TITLE I—NATIONAL ADVISORY
COUNCIL ON ADOPTION
SEC. 101. NATIONAL ADVISORY COUNCIL ON ADOPTION.
(a) ESTABLISHMENT.—There is hereby established
the National Advisory Council on Adoption (in this section
referred to as the ‘‘Council’’).
(b) MEMBERSHIP.—Not later than 90 days after the
date of the enactment of this Act, the Secretary of Health
and Human Services shall appoint the members of the
Council, and shall include in such appointment as Council
members representatives of—
(1) private, nonprofit organizations involved in
child welfare and maternal and child health services,
including national organizations representing organi-
zations that provide adoption services or maternity
housing and services facilities;
(2) private, nonprofit organizations represent-
ing adopted children, adoptive families or biological
parents;
(3) organizations or agencies involved with pri-
vately arranged or international adoptions;
(4) organizations representing State and local
government agencies with responsibility for coordi-
nating or regulating adoption services or maternity
and housing services facilities; and
(5) organizations representing State and local
courts or judicial entities with jurisdiction over is-
sues of family law.
(c) MEETINGS.—The Council shall hold such meet-
ings as may be appropriate, but shall meet at least once
every 90 days.
(d) DUTIES.—The Council shall—
(1) monitor on behalf of Congress the imple-
mentation of the programs established and activities
required under this Act and make such rec-
ommendations as it deems appropriate to help carry
out the intent of Congress in establishing such pro-
grams and requiring such activities;
(2) consult with the heads of departments and
agencies charged with the responsibility of carrying
out such programs and activities; and
(3) make such recommendations as it deems ap-
propriate, including recommendations regarding ad-
ditional legislation, to carry out the purposes of this
Act.
(e) TERMINATION.—The Council shall terminate at
the expiration of the 4-year period that begins on the date
of the enactment of this Act.
TITLE II—ADOPTION DATA
COLLECTION SYSTEM
SEC. 201. REPORTS ON IMPLEMENTATION OF ADOPTION
DATA COLLECTION SYSTEM.
(a) REPORT ON STATUS OF FINAL REGULATIONS.—
(1) IN GENERAL.—Not later than 30 days after
the date of the enactment of this Act, the Secretary
of Health and Human Services shall submit to the
Congress a report on the status of the implementa-
tion of the data collection system required pursuant
to section 479 of the Social Security Act.
(2) SPECIFIC ASSURANCES REQUIRED.—The re-
port described in paragraph (1) shall include specific
assurances that under the data collection system—
(A) unnecessary diversions of resources
from agencies responsible for adoption and fos-
ter care shall be avoided;
(B) uniform definitions and methodologies
shall be used to ensure that any data collected
is reliable and consistent over time and among
jurisdictions;
(C) comprehensive national information
shall be provided with respect to—
(i) the demographic characteristics of
all adopted and foster children and their
biological and adoptive or foster parents,
(ii) the status of the foster care popu-
lation, including the number of children in
foster care, the length and type of place-
ment, availability for adoption, and goals
for ending or continuing foster care,
(iii) the number and demographic
characteristics of all children placed in or
removed from foster care, children adopt-
ed, and children with respect to whom
adoptions have been terminated, and
(iv) the extent and nature of assist-
ance provided by Federal, State, and local
adoption and foster care programs and the
characteristics of the children with respect
to whom such assistance is provided; and
(D) appropriate requirements and incen-
tives shall be implemented to ensure that the
system functions reliably throughout the United
States.
(b) MONTHLY PROGRESS REPORTS.—Every 30 days
after the report described in subsection (a) is required to
be submitted, the Secretary of Health and Human Serv-
ices shall submit to the Congress reports on the progress
made in implementing the data collection system referred
to in subsection (a).
(c) CONSULTATION WITH ADVISORY COUNCIL.—In
developing regulations needed to carry out this section, the
Secretary of Health and Human Services shall consult
with the National Advisory Council on Adoption estab-
lished under section 101(a).
TITLE III—ADOPTION
EDUCATION PROGRAMS
SEC. 301. SOCIAL WORK GRADUATE STUDY FELLOWSHIPS.
(a) PROGRAM ESTABLISHMENT.—Title IX of the
Higher Education Act of 1965 is amended by adding at
the end the following new part:
‘‘PART H—SOCIAL WORK GRADUATE STUDY
‘‘SEC. 981. AWARD OF FELLOWSHIPS.
‘‘(a) IN GENERAL.—From the amount appropriated
to carry out this part, the Secretary shall award not more
than 50 fellowships in accordance with the provisions of
this part for study in graduate schools of social work that
offer innovative programs described in subsection (b) to
students selected on the basis of demonstrated achieve-
ment and exceptional promise. The fellowships shall be
awarded for only one academic year of study and shall
be renewable for two additional years.
‘‘(b) INNOVATIVE PROGRAMS DEFINED.—The pro-
grams described in this subsection are innovative pro-
grams concerning the effects of adoption on the children
who are adopted, the families who adopt children and the
biological parents who make an adoption plan. Acceptable
purposes for such programs include: basic research on the
short-term and long-term effects of adoption on adopted
children, biological parents and adoptive families; develop-
ment of model curriculum and instructional programs to
assist adopted children, biological parents and adoptive
families; development of innovative programs to counsel
pregnant women on the availability and benefits of choos-
ing to make an adoption plan; and any other program de-
termined to be consistent with the purposes of this section.
‘‘(c) STUDENT SELECTION PROCEDURES.—The Sec-
retary shall, by regulation, establish such selection proce-
dures as are appropriate to carry out the purposes of this
part.
‘‘SEC. 982. STIPENDS.
‘‘(a) AWARD BY SECRETARY.—The Secretary shall
pay to individuals awarded fellowships under this part
such stipends (including such allowances for subsistence
and other expenses for such individuals and their depend-
ents) as the Secretary may determine to be appropriate,
adjusting such stipends as necessary so as not to exceed
the fellow’s demonstrated level of need according to meas-
urements of need approved by the Secretary. The stipend
levels established by the Secretary shall reflect the purpose
of this program to encourage highly talented students to
undertake graduate study and shall provide a level of sup-
port comparable to that provided by federally funded grad-
uate fellowships in the science and engineering fields.
‘‘(b) INSTITUTIONAL PAYMENTS.—(1) The Secretary
shall (in addition to the stipends paid to individuals under
subsection (a)) pay to the institution of higher education,
for each individual awarded a fellowship for pursuing a
course at such institution, $6,000, except that such
amount charged to a fellowship recipient and collected
from such recipient for tuition and other expenses re-
quired by the institution as part of the recipient’s instruc-
tional program shall be deducted from the payment of the
institution under this subsection.
‘‘(2) Subject to the availability of appropriations,
amounts payable to an institution by the Secretary pursu-
ant to this subsection shall not be reduced for any purpose
other than the purposes specified under paragraph (1).
‘‘SEC. 983. FELLOWSHIP CONDITIONS.
‘‘(a) REQUIREMENTS FOR RECEIPT.—An individual
awarded a fellowship under the provisions of this part
shall continue to receive payments provided in section 982
only during such periods as the Secretary finds that he
is maintaining satisfactory proficiency in, and devoting es-
sentially full time to, study or research in the field in
which such fellowship was awarded, in an institution of
higher education, and is not engaging in gainful employ-
ment other than part-time employment by such institution
in teaching, research, or similar activities, approved by the
Secretary.
‘‘(b) REPORTS FROM RECIPIENTS.—The Secretary is
authorized to require reports containing such information
in such form and to file at such times as the Secretary
determines necessary from any person awarded a fellow-
ship under the provisions of this part. The reports shall
be accompanied by a certificate from an appropriate offi-
cial at the institution of higher education, stating that
such individual is making satisfactory progress in, and is
devoting essentially full time to the program for which the
fellowship was awarded.
‘‘SEC. 984. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated to carry out
this part $1,000,000 for fiscal year 1993, and such sums
as may be necessary for each of the 4 succeeding fiscal
years.’’.
(b) CONSULTATION WITH ADVISORY COUNCIL.—In
developing regulations needed to carry out part H of title
IX of the Higher Education Act of 1965 (as added by
subsection (a)), the Secretary of Education shall consult
with the National Advisory Council on Adoption estab-
lished under section 101(a).
SEC. 302. GRANTS FOR ADOPTION EDUCATION PROGRAMS.
(a) PROGRAM AUTHORIZED.—Not later than 1 year
after the date of the enactment of this Act, the Secretary
of Education (in this section referred to as the ‘‘Sec-
retary’’) shall make grants to States that agree to adopt
programs of adoption education for purposes of carrying
out such programs.
(b) GRANT AMOUNTS.—The Secretary shall deter-
mine the amount of the grant any State is eligible to re-
ceive under this section based on the estimated size and
cost of the program to be assisted under the grant and
the number of children to be served by the program.
(c) APPLICATION.—Any State that desires to receive
a grant under this section shall submit to the Secretary
an application at such time, in such manner, and contain-
ing or accompanied by such information and assurances
as the Secretary may reasonably require.
(d) GUIDELINES.—The Secretary shall by regulation
publish guidelines for model adoption programs to be as-
sisted under this section.