(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 1993, 1994, and
1995.
TITLE IV—ADOPTION BENEFITS
FOR 
FEDERAL 
EMPLOYEES
AND MILITARY PERSONNEL
SEC. 401. ADOPTION BENEFITS FOR FEDERAL EMPLOYEES.
(a) LEAVE.—Section 6307 of title 5, United States
Code, is amended—
(1) by redesignating subsection (c) as sub-
section (d);
(2) by inserting after subsection (b) the follow-
ing:
‘‘(c) Sick leave provided by this section may be used
for purposes relating to the adoption of a child.’’; and
(3) in subsection (d) (as so redesignated by
paragraph (1)), by inserting ‘‘or for purposes relat-
ing to the adoption of a child,’’ after ‘‘ailment,’’.
(b) HEALTH
BENEFITS
FOR
THE
BIOLOGICAL
MOTHER.—
(1) GENERALLY.—Section 8904(a) of title 5,
United States Code, is amended in each of para-
graphs (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.’’.
(2) SPECIFICS.—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 adopted by an enrollee and medical care
for the adopted child. Under the regulations, benefits—
‘‘(A) shall be payable for care for the mother
and for the child 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 informa-
tion 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) may 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, 1993.
(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
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.’’.
(3) 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.’’.
(c) AUTHORIZED CARE FOR MILITARY DEPENDENTS
TO INCLUDE PRENATAL CARE.—Section 1077(a)(8) of
title 10, United States Code, is amended by striking ‘‘Ma-
ternity’’ and inserting ‘‘Prenatal, maternity,’’.
(d) AUTHORIZED CARE FOR ADOPTED CHILDREN TO
INCLUDE CARE FOR PREEXISTING CONDITIONS.—Section
1077 of title 10, United States Code, is amended by add-
ing at the end the following new subsection:
‘‘(e) In the case of an adopted child of a member of
a uniformed service, health care provided under section
1076 of this title shall include care for any condition of
the adopted child that predates the date of the adoption
of the child.’’.
(e) ADOPTED CHILD DEFINED.—Section 1072 of
title 10, United States Code, is amended by adding at the
end the following new paragraph:
‘‘(6) The term ‘adopted child’ means a child
with respect to whom a written plan of adoption by
the member has been entered into pursuant to the
laws of the State in which the child resides.’’.
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 Council
on Adoption established under section 101(a) in de-
veloping such regulations and guidelines.
TITLE V—ADOPTION TAX
CREDIT
SEC. 501. REFUNDABLE CREDIT FOR ADOPTION EXPENSES.
(a) CREDIT FOR ADOPTION EXPENSES.—
(1) IN GENERAL.—Subpart C of part IV of sub-
chapter A of chapter 1 of the Internal Revenue Code
of 1986 (relating to refundable credits) is amended
by redesignating section 35 as section 36 and by in-
serting after section 34 the following new section:
‘‘SEC. 35. ADOPTION EXPENSES.
‘‘(a) ALLOWANCE OF CREDIT.—In the case of an in-
dividual, there shall be allowed as a credit against the tax
imposed by this subtitle for the taxable year the amount
of the qualified adoption expenses paid or incurred by the
taxpayer during such taxable year.
‘‘(b) LIMITATIONS.—
‘‘(1) DOLLAR
LIMITATION.—The aggregate
amount of qualified adoptions expenses which may
be taken into account under subsection (a) with re-
spect to the adoption of a child shall not exceed
$5,000.
‘‘(2) INCOME LIMITATION.—The amount allow-
able as a credit under subsection (a) for any taxable
year shall be reduced (but not below zero) by an
amount which bears the same ratio to the amount
so allowable (determined without regard to this
paragraph but with regard to paragraph (1)) as—
‘‘(A) the amount (if any) by which the tax-
payer’s adjusted gross income exceeds $60,000,
bears to
‘‘(B) $40,000.
For purposes of this paragraph, adjusted gross in-
come shall be determined without regard to section
136.
‘‘(3) DENIAL OF DOUBLE BENEFIT.—
‘‘(A) IN GENERAL.—No credit shall be al-
lowed under subsection (a) for any expense for
which a deduction or credit is allowable under
any other provision of this chapter.
‘‘(B) GRANTS.—No credit shall be allowed
under subsection (a) for any expenses paid from
any funds received under any Federal, State, or
local program.
‘‘(c) QUALIFIED ADOPTION EXPENSES.—For pur-
poses of this section, the term ‘qualified adoption ex-
penses’ means reasonable and necessary adoption fees,
court costs, attorney fees, and other expenses which are
directly related to the legal adoption of a child by the tax-
payer and which are not incurred in violation of State or
Federal law or in carrying out any surrogate parenting
arrangement. The term ‘qualified adoption expenses’ shall
not include any expenses in connection with the adoption
by an individual of a child who is the child of such individ-
ual’s spouse.’’.
(2) CLERICAL AMENDMENT.—The table of sec-
tions for such subpart C is amended by striking the
last item and inserting the following:
‘‘Sec. 35. Adoption expenses.
‘‘Sec. 36. Overpayments of tax.’’.
(b) EFFECTIVE DATE.—The amendments made by
subsection (a) shall apply to taxable years beginning after
December 31, 1992.
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.
(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) $100; multiplied by
(2) the number of days during which such serv-
ices are provided to the individual at such facility.
(d) CONSULTATION WITH ADVISORY COUNCIL.—In
developing regulations needed to carry out the program
established under subsection (a), the Secretary shall con-
sult with the National Advisory Council on Adoption es-
tablished under section 101(a).
(e) DEFINITIONS.—For purposes of this section:
(1) MATERNITY AND HOUSING SERVICES FA-
CILITY.—The term ‘‘maternity and housing services
facility’’ means a nonprofit facility licensed or other-
wise approved by the State in which the facility is
located to serve as a residence for not fewer than 4
pregnant women during pregnancy and for a limited
period after the date on which the child carried dur-
ing the pregnancy is born, as the Secretary may de-
termine, 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 1993;
(2) $75,000,000 for fiscal year 1994; and
(3) $100,000,000 for fiscal year 1995.
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 FA-
CILITY.—The term ‘‘maternity housing and services
facility’’ 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 COUNCIL.
The Secretary shall issue any regulations necessary
to carry out this title. In developing such regulations, the
Secretary shall consult with the National Advisory Council
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 1993, $40,000,000
for fiscal year 1994, and $60,000,000 for fiscal year 1995.
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 the 1-year period beginning on the
date the child is placed with such individual, such
individual 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
HR 3029 IH——2
HR 3029 IH——3