I
105TH CONGRESS
1ST SESSION
H. R. 2170
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,
and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JULY 16, 1997
Mr. BURTON of Indiana (for himself and Mr. KENNEDY of Massachusetts) in-
troduced the following bill; which was referred to the Committee on Gov-
ernment Reform and Oversight
A BILL
To amend title 5, United States Code, to provide for the
reimbursement of expenses incurred by a Federal em-
ployee in the adoption of a child, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. REIMBURSEMENT FOR ADOPTION EXPENSES.
(a) IN GENERAL.—Subpart G of part III of title 5,
United States Code, is amended by adding at the end the
following:
‘‘CHAPTER 90—MISCELLANEOUS EMPLOYEE
BENEFITS
‘‘9001. Adoption benefits.
‘‘§ 9001. Adoption benefits
‘‘(a) For the purpose of this section—
‘‘(1) the term ‘agency’ means—
‘‘(A) an Executive agency;
‘‘(B) an agency in the judicial branch; and
‘‘(C) an agency in the legislative branch
(other than any included under subparagraph
(A));
‘‘(2) the term ‘employee’ does not include any
individual who, pursuant to the exercise of any au-
thority under section 8913(b), is excluded from par-
ticipating in the health insurance program under
chapter 89; and
‘‘(3) the term ‘adoption expenses’, as used with
respect to a child, means any reasonable and nec-
essary expenses directly relating to the adoption of
such child, including—
‘‘(A) fees charged by an adoption agency;
‘‘(B) placement fees;
‘‘(C) legal fees;
‘‘(D) counseling fees;
‘‘(E) medical expenses, including those re-
lating to obstetrical care for the biological
mother, medical care for the child, and physical
examinations for the adopting parent or par-
ents;
‘‘(F) foster-care charges; and
‘‘(G) transportation expenses.
‘‘(b) The head of each agency shall by regulation es-
tablish a program under which any employee of such agen-
cy who adopts a child shall be reimbursed for any adoption
expenses incurred by such employee in the adoption of
such child.
‘‘(c) Under the regulations, reimbursement may be
provided only—
‘‘(1) after the adoption becomes final, as
determined under the laws of the jurisdiction
governing the adoption;
‘‘(2) if, at the time the adoption becomes
final, the child is under 18 years of age and un-
married; and
‘‘(3) if appropriate written application is
filed within such time, complete with such infor-
mation, and otherwise in accordance with such
procedures as may be required.
‘‘(d)(1) Reimbursement for an employee under this
section with respect to any particular child—
‘‘(A) shall be payable only if, or to the extent
that, similar benefits paid (or payable) under one or
more programs established under State law or an-
other Federal statute have not met (or would not
meet) the full amount of the adoption expenses in-
curred; and
‘‘(B) may not exceed $2,000.
‘‘(2)(A) In any case in which both adopting parents
are employees eligible for reimbursement under this sec-
tion, each parent shall be eligible for an amount deter-
mined in accordance with paragraph (1), except as pro-
vided in subparagraph (B).
‘‘(B) No amount shall be payable under this section
if, or to the extent that, payment of such amount would
cause the sum of the total amount payable to the adoptive
parents under this section, and the total amount paid (or
payable) to them under any program or programs referred
to in paragraph (1)(A), to exceed the lesser of—
‘‘(i) the total adoption expenses incurred; or
‘‘(ii) $5,000.
‘‘(3) The guidelines issued under subsection (g) shall
include provisions relating to interagency cooperation and
other appropriate measures to carry out this subsection.
‘‘(e) Any amount payable under this section shall be
paid from the appropriation or fund used to pay the em-
ployee involved.
‘‘(f) An application for reimbursement under this sec-
tion may not be denied based on the marital status of the
individual applying.
‘‘(g)(1) The Office of Personnel Management may
issue any general guidelines which the Office considers
necessary to promote the uniform administration of this
section.
‘‘(2) The regulations prescribed by the head of each
Executive agency under this section shall be consistent
with any guidelines issued under paragraph (1).
‘‘(3) Upon the request of any agency, the Office may
provide consulting, technical, and any other similar assist-
ance necessary to carry out this section.’’.
(b) CONFORMING AMENDMENTS.—(1) The heading
of subpart G of part III of title 5, United States Code,
is amended to read as follows:
‘‘SUBPART G—ANNUITIES, INSURANCE, AND
MISCELLANEOUS BENEFITS’’.
(2) The analysis for part III of title 5, United States
Code, is amended—
(A) by striking the item relating to subpart G
and inserting in lieu thereof the following:
‘‘SUBPART G—ANNUITIES, INSURANCE, AND
MISCELLANEOUS BENEFITS’’; and
(B) by adding after the item relating to chapter
89 the following:
‘‘90. Miscellaneous Employee Benefits ...................................... 9001’’.
SEC. 2. APPLICABILITY TO POSTAL EMPLOYEES.
Section 1005 of title 39, United States Code, is
amended by adding at the end the following:
‘‘(g) Section 9001 of title 5 shall apply to the Postal
Service. Regulations prescribed by the Postal Service to
carry out this subsection shall be consistent with any
guidelines issued under subsection (g)(1) of such sec-
tion.’’.
SEC. 3. EFFECTIVE DATE.
This Act shall take effect on October 1, 1997, and
shall apply with respect to any adoption which becomes
final (determined in the manner described in section
9001(c)(1) of title 5, United States Code, as added by this
Act) on or after that date.
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