I
106TH CONGRESS
1ST SESSION
H. R. 2540
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
JULY 15, 1999
Mr. SMITH of New Jersey (for himself and Mr. OBERSTAR) introduced the
following bill; which was referred to the Committee on Education and the
Workforce, and in addition to the Committees on Ways and Means, Com-
merce, the Judiciary, Banking and Financial Services, Armed Services,
and Transportation and Infrastructure, for a period to be subsequently
determined by the Speaker, in each case for consideration of such provi-
sions as fall within the jurisdiction of the committee concerned
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 ‘‘1999 Omnibus Adop-
tion Act’’.
SEC. 2. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I—EXPANSION OF ADOPTION TAX CREDIT
Sec. 101. Expansion of adoption tax credit.
TITLE II—LEAVE EQUITY FOR ADOPTIVE FAMILIES
Sec. 201. Leave requirement.
Sec. 202. Civil action.
Sec. 203. Construction.
Sec. 204. Definitions.
TITLE III—ADOPTION COUNSELING
Sec. 301. Grants for certain activities toward promoting adoption counseling.
TITLE IV—ADOPTION INFORMATION FOR MEMBERS OF THE
ARMED FORCES
Sec. 401. Availability of information concerning adoption.
TITLE V—FEDERAL PRISONS
Sec. 501. Availability of adoption information.
TITLE VI—ACCREDITATION OF ADOPTION SERVICE PROVIDERS
Sec. 601. Accreditation of adoption service providers.
TITLE VII—ADOPTION AND FOSTER CARE DATA COLLECTION
Sec. 701. Adoption and foster care data collection system.
TITLE VIII—REFUNDABLE CREDIT FOR MEDICAL EXPENSES OF
PREGNANCIES WITH CHILDREN PLACED FOR ADOPTION
Sec. 801. Refundable credit for medical expenses of pregnancies with children
placed for adoption.
TITLE IX—MATERNAL HEALTH CERTIFICATES PROGRAM
Sec. 901. Maternal health certificates for eligible pregnant women.
TITLE X—REHABILITATION GRANTS FOR MATERNITY HOUSING
AND SERVICES FACILITIES
Sec. 1001. Establishment of grant program.
Sec. 1002. Authority and applications.
Sec. 1003. Grant limitations.
Sec. 1004. Reports.
Sec. 1005. Participation of religious organizations.
Sec. 1006. Definitions.
Sec. 1007. Regulations.
Sec. 1008. Authorization of appropriations.
TITLE XI—REPEAL OF NATIONAL CLEARINGHOUSE ON
ADOPTION INFORMATION
Sec. 1101. Repeal of National Clearinghouse on Adoption Information.
TITLE XII—NATIONAL COMMISSION ON ADOPTION
Sec. 1201. National Commission on Adoption.
TITLE I—EXPANSION OF
ADOPTION TAX CREDIT
SEC. 101. EXPANSION OF ADOPTION TAX CREDIT.
(a) INCREASE IN AMOUNTS ALLOWED.—
(1) 
DOLLAR
AMOUNT
OF
ALLOWED
EX-
PENSES.—Paragraph (1) of section 23(b) of the In-
ternal Revenue Code of 1986 (relating to dollar limi-
tation) is amended by striking ‘‘$5,000’’ and all that
follows and inserting ‘‘$10,000.’’.
(2) PHASE-OUT LIMITATION.—Clause (i) of sec-
tion 23(b)(2)(A) of such Code (relating to income
limitation) is amended by striking ‘‘$75,000’’ and
inserting ‘‘$150,000’’.
(b) REPEAL OF SUNSET ON CHILDREN WITHOUT
SPECIAL NEEDS.—
(1) IN
GENERAL.—Paragraph (2) of section
23(d) of such Code (relating to definition of 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.’’.
(2) CONFORMING AMENDMENT.—Subsection (d)
of section 23 of such Code (relating to definitions)
is amended by striking paragraph (3).
(c) ADJUSTMENT OF DOLLAR AND INCOME LIMITA-
TIONS
FOR INFLATION.—Section 23 of such Code is
amended by redesignating subsection (h) as subsection (i)
and by inserting after subsection (g) the following new
subsection:
‘‘(h) ADJUSTMENTS FOR INFLATION.—In the case of
a taxable year beginning after December 31, 2000, each
of the dollar amounts in subsections (b)(1) and
(b)(2)(A)(i) shall be increased by an amount equal to—
‘‘(1) such dollar amount, multiplied by
‘‘(2) the cost-of-living adjustment determined
under section 1(f)(3) for the calendar year in which
the taxable year begins, determined by substituting
‘calendar year 1999’ for ‘calendar year 1992’ in sub-
paragraph (B) thereof.’’.
(d) LIMITATION BASED ON AMOUNT OF TAX.—
(1) IN GENERAL.—Subsection (c) of section 23
of such Code is amended by striking ‘‘the limitation
imposed by section 26(a) for such taxable year re-
duced by the sum of the credits allowable under this
subpart (other than this section and section
1400C)’’ and inserting ‘‘the applicable tax limita-
tion’’.
(2) APPLICABLE TAX LIMITATION.—Subsection
(d) of section 23 of such Code (as amended by sub-
section (b) of this section) is further amended add-
ing at the end the following new paragraph:
‘‘(3) APPLICABLE TAX LIMITATION.—The term
‘applicable tax limitation’ means the sum of—
‘‘(A) the taxpayer’s regular tax liability for
the taxable year, reduced (but not below zero)
by the sum of the credits allowed by sections
21, 22, 24 (other than the amount of the in-
crease under subsection (d) thereof), 25, and
25A, and
‘‘(B) the tax imposed by section 55 for
such taxable year.’’.
(3) CONFORMING AMENDMENTS.—
(A) Subsection (a) of section 26 of such
Code (relating to limitation based on amount of
tax) is amended by inserting ‘‘(other than sec-
tion 23)’’ after ‘‘allowed by this subpart’’.
(B) Paragraph (1) of section 53(b) of such
Code (relating to minimum tax credit) is
amended by inserting ‘‘reduced by the aggre-
gate amount taken into account under section
23(d)(3)(B) for all such prior taxable years,’’
after ‘‘1986,’’.
(e) EFFECTIVE DATE.—The amendments made by
this section shall apply to taxable years beginning after
December 31, 1998.
TITLE II—LEAVE EQUITY FOR
ADOPTIVE FAMILIES
SEC. 201. LEAVE REQUIREMENT.
(a) IN GENERAL.—An employee who needs leave be-
cause of the placement of a son or daughter with the em-
ployee for adoption or foster care shall be entitled to any
leave benefit provided by the employee’s employer to an
employee who needs leave—
(1) to care for the employee’s newborn biologi-
cal child, or
(2) to recover from the employee’s own illness,
injury, or disability.
(b) EXPIRATION OF ENTITLEMENT.—Leave because
of the placement of a son or daughter with the employee
for adoption or foster care under subsection (a) shall com-
mence no later than 12 months after the placement of a
child with the employee for adoption or foster care.
SEC. 202. CIVIL ACTION.
(a) IN GENERAL.—Subject to the limitations con-
tained in this section, any person may bring a civil action
against an employer to enforce the provisions of section
201 in any appropriate court of the United States or in
any State court of competent jurisdiction.
(b) TIMING OF COMMENCEMENT OF CIVIL ACTION.—
No civil action may be commenced under subsection (a)
later than 1 year after the date of the last event that con-
stitutes the alleged violation of section 201.
(c) VENUE.—An action brought under subsection (a)
in a district court of the United States may be brought
in any appropriate judicial district under section 1391 of
title 28, United States Code.
(d) RELIEF.—In any civil action brought under sub-
section (a), the court may—
(1) grant as relief against any respondent that
violates section 201—
(A) any permanent or temporary injunc-
tion, temporary restraining order, or other equi-
table relief as the court determines appropriate,
(B) damages in an amount equal to any
wages, salary, employment benefits, or other
compensation denied or lost to the employee
bringing the action by reason of the violation of
section 201 or in a case in which wages, salary,
employment benefits, or other compensation
have not been denied or lost to the employee,
any actual monetary losses sustained by the
employee as a direct result of such violation, in-
cluding the cost of providing care, up to an
amount equal to 12 weeks of wages or salary
for the employee, and
(C) interest at the prevailing rate on the
total monetary damages calculated under sub-
paragraph (B), and
(2) award to a prevailing party (other than the
United States) in the action a reasonable attorney’s
fee and expert witness fee.
SEC. 203. CONSTRUCTION.
Nothing in this title shall be construed to require an
employer to provide any leave benefit that the employer
would not otherwise have provided to an employee to care
for a newborn biological child or to recover from the em-
ployee’s illness, injury, or disability.
SEC. 204. DEFINITIONS.
As used in this title:
(1) EMPLOYEE.—The term ‘‘employee’’ means
any individual employed by an employer.
(2) EMPLOYER.—The term ‘‘employer’’ means
any person engaged in commerce or in any industry
or activity affecting commerce. The terms ‘‘com-
merce’’ and ‘‘industry affecting commerce’’ mean
any activity, business, or industry in commerce or in
which a labor dispute would hinder or obstruct com-
merce or the free flow of commerce and includes
such terms as defined in section 2 of the Labor
Management Relations Act, 1947 (29 U.S.C 152).
(3) EMPLOYMENT BENEFITS.—The term ‘‘em-
ployment benefits’’ means all benefits provided or
made available to employees by an employer, includ-
ing health insurance, sick leave, annual leave, paren-
tal leave, and disability leave regardless of whether
such benefits are provided by a policy or practice of
an employer or through an ‘‘employee welfare ben-
efit plan’’, as defined in section 3(3) of the Em-
ployee Retirement Income Security Act of 1974 (29
U.S.C. 1002(1)).
(4) LEAVE BENEFIT.—The term ‘‘leave benefit’’
means—
(A) any sick or parental leave provided by
an employer,
(B) any right to reemployment with the
employer after the leave described in subpara-
graph (A); and