(5) organizations representing State and local
courts or judicial entities with jurisdiction over is-
sues of family law.
(c) MEETINGS.—The Board shall hold such meetings
as may be appropriate, but shall meet at least once every
90 days.
(d) DUTIES.—The Board 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 Board 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 number, length and type of
placement, availability for adoption, avail-
ability for group care, 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 BOARD.—In de-
veloping regulations needed to carry out this section, the
Secretary of Health and Human Services shall consult
with the National Advisory Board on Adoption established
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 1998, and such sums
as may be necessary for each of the 4 succeeding fiscal
years.’’.
(b) CONSULTATION WITH ADVISORY BOARD.—In de-
veloping 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 Board on Adoption established
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.
(e) CONSULTATION WITH ADVISORY COUNCIL.—In
developing regulations needed to carry out this section, the
Secretary shall consult with the National Advisory Council
on Adoption established under section 101(a).
(f) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated to carry out this section
$25,000,000 for each of the fiscal years 1998, 1999, and
2000.
TITLE IV—ADOPTION BENEFITS
FOR 
FEDERAL 
EMPLOYEES
AND MILITARY PERSONNEL
SEC. 401. HEALTH BENEFITS FOR THE BIOLOGICAL MOTH-
ER OF A CHILD WHO IS ADOPTED BY A FEHBP
ENROLLEE.
(a) IN GENERAL.—Section 8904(a) of title 5, United
States Code, is amended in each of paragraphs (1) and
(2) by adding after subparagraph (F) the following new
subparagraph:
‘‘(G) Prenatal and maternity benefits
(other than benefits relating to a surrogate
parenting arrangement) for the biological moth-
er of an adoptive child of an enrollee.’’.
(b) SPECIFIC REQUIREMENTS.—Section 8902 of title
5, United States Code, is amended by adding at the end
the following:
‘‘(o)(1) The Office shall by regulation establish mini-
mum standards relating to benefits provided by any health
benefits plan described in section 8903 or 8903a in con-
nection with prenatal or maternity care for the biological
mother of a child who is to be adopted by an enrollee,
and medical care for such child. Under the regulations,
benefits—
‘‘(A) shall be payable for care provided after
the date as of which the enrollee furnishes written
notice (complete with such information and in such
form as the Office may reasonably require, except
that such information may not include information
relating to the identity of the biological parents) of
a specific intent to adopt;
‘‘(B) shall be contingent on the adoption be-
coming final; and
‘‘(C) shall not be payable in connection with
any surrogate parenting arrangement.
‘‘(2) Nothing in this subsection shall be considered
to prevent the Office from entering into a contract under
which the carrier agrees to provide benefits in connection
with care provided on or before the date referred to in
paragraph (1)(A).’’.
SEC. 402. ADOPTION PROVISIONS RELATING TO MEMBERS
OF THE UNIFORMED SERVICES.
(a) REIMBURSEMENT OF EXPENSES FOR PRENATAL
AND MATERNITY CARE FOR THE BIOLOGICAL MOTHER
UNDER DOD ADOPTION PROGRAM.—
(1) REIMBURSEMENT.—Subsection (g)(2) of
section 1052 of title 10, United States Code, is
amended—
(A) by striking ‘‘and’’ at the end of sub-
paragraph (C); and
(B) by striking subparagraph (D) and in-
serting the following new subparagraphs:
‘‘(D) prenatal and maternity care provided
to the biological mother of the child to be
adopted on and after the date on which the
member notifies the Secretary of Defense, in
such manner as the Secretary may require by
rule, of the intent of the member to adopt the
child of the biological mother; and
‘‘(E) medical expenses of a newborn infant
to be adopted by the member.’’.
(2) 
EXPANSION.—Such 
section 
is 
further
amended—
(A) in subsections (a), (d), (e), and
(g)(2)(C), by striking ‘‘armed forces’’ each
place it appears and inserting ‘‘uniformed serv-
ices’’; and
(B) by adding at the end of subsection (g)
the following new paragraph:
‘‘(3) The term ‘uniformed services’ does not in-
clude the Coast Guard since members of the Coast
Guard are reimbursed for adoption expenses under
section 514 of title 14.’’.
(3) EXCEPTION
TO
REIMBURSEMENT.—Sub-
section (b) of such section is amended by adding at
the end the following new sentence: ‘‘No reimburse-
ment may be made under subsection (a) for ex-
penses incurred in carrying out a surrogate
parenting arrangement.’’.
(4) CONFIDENTIALITY.—Subsection (f) of such
section is amended by adding at the end the follow-
ing new sentence: ‘‘The Secretary may not require
the member to provide information relating to the
identity of the biological mother.’’.
(5) APPLICATION
OF
AMENDMENTS.—In the
case of a member of the commissioned corps of the
National Oceanic and Atmospheric Administration
or the commissioned corps of the Public Health
Service, section 1052 of title 10, United States
Code, as amended by paragraph (2), shall apply with
respect to an adoption of a child by such a member
that becomes final after September 30, 1997.
(b) REIMBURSEMENT OF EXPENSES FOR PRENATAL
AND MATERNITY CARE FOR THE BIOLOGICAL MOTHER
UNDER COAST GUARD ADOPTION PROGRAM.—
(1) REIMBURSEMENT.—Subsection (g)(2) of
section 514 of title 14, United States Code, is
amended—
(A) by striking ‘‘and’’ at the end of sub-
paragraph (C); and
(B) by striking subparagraph (D) and in-
serting the following new subparagraphs:
‘‘(D) prenatal and maternity care provided
to the biological mother of the child to be
adopted on and after the date on which the
member notifies the Secretary, in such manner
as the Secretary may require by rule, of the in-
tent of the member to adopt the child of the bi-
ological mother; and
‘‘(E) medical expenses of a newborn infant
to be adopted by the member.’’.
(2) EXCEPTION
TO
REIMBURSEMENT.—Sub-
section (b) of such section is amended by adding at
SEC. 403. COORDINATION OF EFFORTS BETWEEN OFFICE
OF PERSONNEL MANAGEMENT AND DEPART-
MENT OF DEFENSE.
The Director of the Office of Personnel Management,
the Secretary of Defense, and the Secretary of Transpor-
tation shall, to the greatest extent possible—
(1) coordinate their efforts in developing regula-
tions and guidelines necessary to carry out their re-
spective responsibilities resulting from the amend-
ments made by sections 401 and 402; and
(2) consult with the National Advisory Board
on Adoption established under section 101(a) in de-
veloping such regulations and guidelines.
TITLE 
V—ADOPTION 
CREDIT
MADE 
PERMANENT 
FOR
ADOPTIONS 
OF 
CHILDREN
WITHOUT SPECIAL NEEDS
SEC. 501. ADOPTION CREDIT MADE PERMANENT FOR ADOP-
TIONS 
OF 
CHILDREN 
WITHOUT 
SPECIAL
NEEDS.
(a) IN GENERAL.—Paragraph (2) of section 23(d) of
the Internal Revenue Code of 1986 (defined eligible child)
is amended to read as follows:
‘‘(2) ELIGIBLE
CHILD.—The term ‘eligible
child’ means any individual who—
‘‘(A) has not attained age 18, or
‘‘(B) is physically or mentally incapable of
caring for himself.’’.
(b) PERMANENT EXTENSION OF EXCLUSION OF EM-
PLOYER-PROVIDED ADOPTION ASSISTANCE.—Section 137
of such Code is amended by striking subsection (f) (relat-
ing to termination).
(c) EFFECTIVE DATE.—The amendments made by
this section shall take effect on the date of the enactment
of this Act.
SEC. 502. SENSE OF CONGRESS ON REFUNDABILITY OF
ADOPTION EXPENSE CREDIT.
It is the sense of the Congress that, after appropriate
studies have been done to evaluate the impact of the credit
for adoption expenses under section 23 of the Internal
Revenue Code of 1986, consideration should be given to
making such credit a refundable credit.
TITLE VI—MATERNAL HEALTH
CERTIFICATES PROGRAM
SEC. 601. MATERNAL HEALTH CERTIFICATES FOR ELIGI-
BLE PREGNANT WOMEN.
(a) ESTABLISHMENT OF MATERNAL HEALTH CER-
TIFICATES FOR ELIGIBLE PREGNANT WOMEN.—Not later
than 180 days after the date of the enactment of this Act,
the Secretary shall establish a program to provide mater-
nal health certificates for eligible pregnant women to use
to cover expenses incurred in receiving services at a mater-
nity and housing services facility or other supervised set-
ting.
(b) ELIGIBILITY OF INDIVIDUALS.—
(1) IN GENERAL.—A pregnant woman is eligi-
ble to receive a maternal health certificate under the
program established under subsection (a) if the
woman—
(A) has an annual individual income (de-
termined without taking into account the in-
come of any parent or guardian of the individ-
ual) not greater than 175 percent of the income
official poverty line (as defined by the Office of
Management and Budget, and revised annually
in accordance with section 673(2) of the Omni-
bus Budget Reconciliation Act of 1981) applica-
ble to such individual; and
(B) provides the Secretary with such other
information and assurances as the Secretary
may require.
(2) INCOME OF ESTRANGED SPOUSE NOT IN-
CLUDED.—In determining the income of an individ-
ual for purposes of paragraph (1)(A), there shall not
be included the income of a spouse if the spouse has
been living apart from the woman for not less than
6 months.
(3) PARTICIPATION IN AFDC PROGRAM NOT RE-
QUIRED.—An individual otherwise eligible to receive
a maternal health certificate under the program es-
tablished under subsection (a) shall not be found in-
eligible to receive such a certificate solely on the
grounds that the individual does not receive aid
under the State plan for aid to families with depend-
ent children under part A of title IV of the Social
Security Act.
(c) LIMITATIONS
ON AMOUNT
OF EXPENSES IN-
CURRED.—A certificate received under the program estab-
lished under subsection (a) may be used to cover an
amount of expenses incurred by an individual at a mater-
nity housing and services facility that does not exceed an
amount equal to—
(1) $125; multiplied by
(2) the number of days during which such serv-
ices are provided to the individual at such facility.
(d) CONSULTATION WITH ADVISORY BOARD.—In de-
veloping regulations needed to carry out the program es-
tablished under subsection (a), the Secretary shall consult
with the National Advisory Board on Adoption established
under section 101(a).
(e) DEFINITIONS.—For purposes of this section:
(1) MATERNITY AND HOUSING SERVICES FACIL-
ITY.—The term ‘‘maternity and housing services fa-
cility’’ means a nonprofit facility or supervised set-
ting licensed or otherwise approved by the State in
which the facility is located to serve as a residence
for not fewer than 4 pregnant women during preg-
nancy and for a limited period after the date on
which the child carried during the pregnancy is
born, as the Secretary may determine, that provides
such pregnant women with appropriate supportive
services, which may include the following supportive
services:
(A) Room and board.
(B) Medical care (provided either at the
facility or off-site) for the woman and her child,
including prenatal, delivery, and post-delivery
care.
(C) Instruction and counseling regarding
future health care for the woman and her child.
(D) Nutrition services and nutrition coun-
seling.
(E) Counseling and education concerning
all aspects of prenatal care, childbirth, and
motherhood.
(F) General family counseling, including
child and family development counseling.
(G) Adoption counseling.
(H) Vocational and educational counseling
and services.
(I) Basic transportation services to enable
the woman to obtain services from the facility.
(2) PREGNANT WOMAN.—The term ‘‘pregnant
woman’’ means a woman determined to have one or
more fetuses in utero.
(3) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of Health and Human Services.
(f) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated for maternal health cer-
tificates under this section—
(1) $50,000,000 for fiscal year 1998;
(2) $75,000,000 for fiscal year 1999; and
(3) $100,000,000 for fiscal year 2000.
TITLE 
VII—REHABILITATION
GRANTS 
FOR 
MATERNITY
HOUSING AND SERVICES FA-
CILITIES
SEC. 701. ESTABLISHMENT OF GRANT PROGRAM.
The Secretary of Housing and Urban Development
shall carry out a program to provide assistance under this
title to eligible nonprofit entities for rehabilitation of exist-
ing structures for use as facilities to provide housing and
services to pregnant women.
SEC. 702. AUTHORITY AND APPLICATIONS.
(a) AUTHORITY.—The Secretary may make grants
under the program under this title to eligible nonprofit
entities to rehabilitate existing structures for use as ma-
ternity housing and services facilities.
(b) APPLICATIONS.—The Secretary may make grants
only to nonprofit entities that submit applications for
grants under this title in the form and manner that the
Secretary shall prescribe, which shall include assurances
that grant amounts will be used to provide a maternity
housing and services facility.
SEC. 703. GRANT LIMITATIONS.
(a) MAXIMUM GRANT AMOUNT.—A grant under this
title may not be in an amount greater than $1,000,000.
An eligible nonprofit entity may not receive more than 1
grant under this title in any fiscal year.
(b) MAXIMUM NUMBER OF GRANTS.—The Secretary
may not make grants under this title to more than 100
eligible nonprofit entities in any fiscal year.
(c) USE OF GRANTS FOR REHABILITATION ACTIVI-
TIES.—Any eligible nonprofit entity that receives a grant
under this title shall use the grant amounts for the acqui-
sition or rehabilitation (or both) of existing structures for
use as a maternity housing and services facility, which
may include planning and development costs, professional
fees, and administrative costs related to such acquisition
or rehabilitation.
SEC. 704. REPORTS.
The Secretary shall require each eligible nonprofit en-
tity that receives a grant under this title to submit to the
Secretary a report, at such times and including such infor-
mation as the Secretary shall determine, describing the
activities carried out by the eligible nonprofit entity with
the grant amounts.
SEC. 705. DEFINITIONS.
For purposes of this title:
(1) ELIGIBLE NONPROFIT ENTITIES.—The term
‘‘eligible nonprofit entity’’ means any organization
that—
(A) is described in section 501(c)(3) of the
Internal Revenue Code of 1986 that is exempt
from taxation under subtitle A of such Code;
and
(B) has submitted an application under
section 702(b) for a grant under this title.
(2) MATERNITY HOUSING AND SERVICES FACIL-
ITY.—The term ‘‘maternity housing and services fa-
cility’’ means a facility licensed or otherwise ap-
proved by the State in which the facility is located
to serve as a residence for not fewer than 4 preg-
nant women during pregnancy and for a limited pe-
riod after the date on which the child carried during
the pregnancy is born, as the Secretary may deter-
mine, that provides such pregnant women with ap-
propriate supportive services, which may include the
following services:
(A) Room and board.
(B) Medical care for the woman and her
child, including prenatal, delivery, and post-de-
livery care.
(C) Instruction and counseling regarding
future health care for the woman and her child.
(D) Nutrition services and nutrition coun-
seling.
(E) Counseling and education concerning
all aspects of prenatal care, childbirth, and
motherhood.
(F) General family counseling, including
child and family development counseling.
(G) Adoption counseling.
(H) Vocational and educational counseling
and services.
(I) Basic transportation services to enable
the woman to obtain services from the facility.
(J) Any other appropriate supportive serv-
ices.
(3) PREGNANT WOMAN.—The term ‘‘pregnant
woman’’ means a woman determined to have one or
more fetuses in utero.
(4) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of Housing and Urban Development.
SEC. 706. REGULATIONS AND CONSULTATION WITH ADVI-
SORY BOARD.
The Secretary shall issue any regulations necessary
to carry out this title. In developing such regulations, the
Secretary shall consult with the National Advisory Board
on Adoption established under section 101(a).
SEC. 707. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out
this title $25,000,000 for fiscal year 1998, $40,000,000
for fiscal year 1999, and $60,000,000 for fiscal year 2000.
TITLE 
VIII—SENSE 
OF 
CON-
GRESS REGARDING CHANGES
IN STATE ADOPTION LAWS
SEC. 801. SENSE OF CONGRESS.
(a) IN GENERAL.—It is the sense of Congress that
each State should adopt, and assume responsibility for en-
forcing, laws, rules, or regulations that would provide
that—
(1) the State shall make available to a prospec-
tive adoptive parent all relevant information with re-
spect to the placement of the child for adoption, in-
cluding information with respect to the medical, so-
cial, and economic history and ethnic background of
the child and the child’s biological parents (except to
the extent that such information would identify the
child or biological parents) and shall impose criminal
penalties on any person who makes an unauthorized
disclosure of such information;
(2) a State-approved professional working in a
licensed agency setting shall investigate the prospec-
tive adoptive parent of a child before the child is
placed with such parent for adoption;
(3) the courts of the State shall not finalize any
adoption before each party to the adoption proceed-
ing has submitted to the court all information relat-
ing to the costs incurred by or on behalf of the party
in connection with the adoption, including a list of
all payments, benefits, gifts, or other things of value;
(4) the State shall guarantee adequate legal
representation with respect to the adoption proceed-
ing to the biological mother of a child who is the
subject of such proceeding, if the parent wants sepa-
rate legal representation;
(5) if a child is placed with an individual pursu-
ant to a written plan of adoption before the adoption
occurs and such individual does not file a petition
for the adoption of the child with the appropriate
court during the 1-year period beginning on the date
the child is placed with such individual, such individ-
ual shall be barred from adopting the child; and
(6) with respect to each health benefit plan pro-
viding coverage to individuals in the State—
(A) each such plan provide coverage of
health expenses relating to pregnancy and child-
birth (but not including any expenses relating
to carrying out a surrogate parenting arrange-
ment)—
(i) upon the adoption of a child by an
individual enrolled in the plan, for the
child and for the biological mother of such
child, but only with respect to expenses in-
curred after the individual enrolled in the
plan furnishes written notice to the spon-
sor of the plan of the individual’s intent to
adopt the biological mother’s child, and
(ii) for any dependent child of an indi-
vidual enrolled in the plan; and
(B) the sponsor of such a plan may not ex-
clude, terminate, or otherwise limit coverage
under the plan with respect to the adopted child
of an individual enrolled in the plan on the
basis that such child has a pre-existing condi-
tion.
(b) DEFINITIONS.—For purposes of this section—
(1) the term ‘‘health benefit plan’’ means any
plan, fund, or program that provides medical care to
participants or beneficiaries directly or through in-
surance, reimbursement, or otherwise;
(2) the term ‘‘pre-existing condition’’ means
any disease, disability, disorder, impairment, or
other health condition; and
(3) the term ‘‘sponsor’’ means any entity in a
State providing a health benefit plan in a State.
Æ