Union Calendar No. 267
104TH CONGRESS
2D SESSION
H. R. 3286
[Report No. 104–542, Parts I and II]
A BILL
To help families defray adoption costs, and to
promote the adoption of minority children.
MAY 3, 1996
Reported from the Committee on Ways and Means with
an amendment
MAY 3, 1996
Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
IB
Union Calendar No. 267
104TH CONGRESS
2D SESSION
H. R. 3286
[Report No. 104–542, Parts I and II]
To help families defray adoption costs, and to promote the adoption of
minority children.
IN THE HOUSE OF REPRESENTATIVES
APRIL 23, 1996
Ms. MOLINARI (for herself, Mr. ARCHER, Mr. BUNNING of Kentucky, Ms.
PRYCE, Mr. SOLOMON, Mr. TIAHRT, and Mr. SHAW) introduced the fol-
lowing bill; which was referred to the Committee on Ways and Means for
a period ending not later than May 3, 1996, and in addition to the Com-
mittees on Resources and Economic and Educational Opportunities for
a period ending not later than April 30, 1996, in each case for consider-
ation of such provisions as fall within the jurisdiction of the committee
concerned
APRIL 30, 1996
Reported from the Committee on Resources with an amendment
[Omit the part in bold brackets]
APRIL 30, 1996
The Committee on Economic and Educational Opportunities discharged
MAY 3, 1996
Additional sponsors: Mr. BLUTE, Mr. RAMSTAD, Mr. INGLIS of South Caro-
lina, Mr. TRAFICANT, Mr. SMITH of New Jersey, Mr. MCCOLLUM, Mr.
KLINK, Mr. FAWELL, Mr. DORNAN, Mr. BOEHNER, and Mr. HUTCHIN-
SON
MAY 3, 1996
Reported from the Committee on Ways and Means with an amendment
[Strike out all after the enacting clause and insert the part printed in italic]
MAY 3, 1996
Committed to the Committee of the Whole House on the State of the Union
and ordered to be printed
A BILL
To help families defray adoption costs, and to promote the
adoption of minority 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 ‘‘Adoption Promotion
and Stability Act of 1996’’.
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—CREDIT FOR ADOPTION EXPENSES
Sec. 101. Credit for adoption expenses.
TITLE II—INTERETHNIC ADOPTION
Sec. 201. Removal of barriers to interethnic adoption.
øTITLE III—CHILD CUSTODY PROCEEDINGS AFFECTED BY THE
INDIAN CHILD WELFARE ACT OF 1978
øSec. 301. Inapplicability of the Indian Child Welfare Act of 1978 to child cus-
tody proceedings involving a child whose parents do not main-
tain affiliation with their Indian tribe.
øSec. 302. Membership and child custody proceedings.
øSec. 303. Effective date.¿
TITLE IV—REVENUE OFFSETS
Sec. 400. Amendment of 1986 Code.
Subtitle A—Exclusion for Energy Conservation Subsidies Limited to Subsidies
With Respect to Dwelling Units
Sec. 401. Exclusion for energy conservation subsidies limited to subsidies with
respect to dwelling units.
Subtitle B—Foreign Trust Tax Compliance
Sec. 411. Improved information reporting on foreign trusts.
Sec. 412. Modifications of rules relating to foreign trusts having one or more
United States beneficiaries.
Sec. 413. Foreign persons not to be treated as owners under grantor trust
rules.
Sec. 414. Information reporting regarding foreign gifts.
Sec. 415. Modification of rules relating to foreign trusts which are not grantor
trusts.
Sec. 416. Residence of estates and trusts, etc.
TITLE I—CREDIT FOR ADOPTION
EXPENSES
SEC. 101. CREDIT FOR ADOPTION EXPENSES.
(a) IN GENERAL.—Subpart A of part IV of sub-
chapter A of chapter 1 of the Internal Revenue Code of
1986 (relating to nonrefundable personal credits) is
amended by inserting after section 22 the following new
section:
‘‘SEC. 23. 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 chapter 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 adoption expenses which may be
taken into account under subsection (a) with respect
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
(determined
without regard to sections 911, 931, and 933)
exceeds $75,000, bears to
‘‘(B) $40,000.
‘‘(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 expense to the ex-
tent that funds for such expense are received
under any Federal, State, or local program.
The preceding sentence shall not apply to ex-
penses for the adoption of a child with special
needs.
‘‘(C) REIMBURSEMENT.—No credit shall
be allowed under subsection (a) for any expense
to the extent that such expense is reimbursed
and the reimbursement is excluded from gross
income under section 137.
‘‘(c) CARRYFORWARDS OF UNUSED CREDIT.—If the
credit allowable under subsection (a) for any taxable year
exceeds the limitation imposed by section 26(a) for such
taxable year reduced by the sum of the credits allowable
under this subpart (other than this section), such excess
shall be carried to the succeeding taxable year and added
to the credit allowable under subsection (a) for such tax-
able year. No credit may be carried forward under this
subsection to any taxable year following the fifth taxable
year after the taxable year in which the credit arose. For
purposes of the preceding sentence, credits shall be treated
as used on a first-in first-out basis.
‘‘(d) DEFINITIONS.—For purposes of this section—
‘‘(1) QUALIFIED
ADOPTION
EXPENSES.—The
term ‘qualified adoption expenses’ means reasonable
and necessary adoption fees, court costs, attorney
fees, and other expenses—
‘‘(A) which are directly related to, and the
principal purpose of which is for, the legal
adoption of an eligible child by the taxpayer,
and
‘‘(B) which are not incurred in violation of
State or Federal law or in carrying out any sur-
rogate parenting arrangement.
Such term shall include expenses for a foreign adop-
tion only if the child is actually adopted.
‘‘(2) EXPENSES FOR ADOPTION OF SPOUSE’S
CHILD NOT ELIGIBLE.—The term ‘qualified adoption
expenses’ shall not include any expenses in connec-
tion with the adoption by an individual of a child
who is the child of such individual’s spouse.
‘‘(3)
ELIGIBLE
CHILD.—The
term
‘eligible
child’ means any individual—
‘‘(A) who has not attained age 18 as of the
time of the adoption, or
‘‘(B) who is physically or mentally incapa-
ble of caring for himself.
‘‘(4) CHILD WITH SPECIAL NEEDS.—The term
‘child with special needs’ means any child if—
‘‘(A) a State has determined that the child
cannot or should not be returned to the home
of his parents, and
‘‘(B) such State has determined that there
exists with respect to the child a specific factor
or condition (such as his ethnic background,
age, or membership in a minority or sibling
group, or the presence of factors such as medi-
cal conditions or physical, mental, or emotional
handicaps) because of which it is reasonable to
conclude that such child cannot be placed with
adoptive parents without providing adoption as-
sistance.
‘‘(e) MARRIED COUPLES MUST FILE JOINT RE-
TURNS.—Rules similar to the rules of paragraphs (2), (3),
and (4) of section 21(e) shall apply for purposes of this
section.’’.
(b) EXCLUSION OF AMOUNTS RECEIVED UNDER EM-
PLOYER’S ADOPTION ASSISTANCE PROGRAMS.—Part III
of subchapter B of chapter 1 of such Code (relating to
items specifically excluded from gross income) is amended
by redesignating section 137 as section 138 and by insert-
ing after section 136 the following new section:
‘‘SEC. 137. ADOPTION ASSISTANCE PROGRAMS.
‘‘(a) IN GENERAL.—Gross income of an employee
does not include amounts paid or expenses incurred by the
employer for qualified adoption expenses in connection
with the adoption of a child by an employee if such
amounts are furnished pursuant to an adoption assistance
program.
‘‘(b) LIMITATIONS.—
‘‘(1)
DOLLAR
LIMITATION.—The
aggregate
amount excludable from gross income under sub-
section (a) for all taxable years with respect to the
adoption of any single child by the taxpayer shall
not exceed $5,000.
‘‘(2) INCOME
LIMITATION.—The amount ex-
cludable from gross income 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 excludable (determined without re-
gard to this paragraph but with regard to paragraph
(1)) as—
‘‘(A) the amount (if any) by which the tax-
payer’s
adjusted
gross
income
(determined
without regard to this section and sections 911,
931, and 933) exceeds $75,000, bears to
‘‘(B) $40,000.
‘‘(c) ADOPTION ASSISTANCE PROGRAM.—For pur-
poses of this section, an adoption assistance program is
a plan of an employer—
‘‘(1) under which the employer provides employ-
ees with adoption assistance, and
‘‘(2) which meets requirements similar to the
requirements of paragraphs (2), (3), and (5) of sec-
tion 127(b).
An adoption reimbursement program operated under sec-
tion 1052 of title 10, United States Code (relating to
armed forces) or section 514 of title 14, United States
Code (relating to members of the Coast Guard) shall be
treated as an adoption assistance program for purposes
of this section.
‘‘(d) QUALIFIED ADOPTION EXPENSES.—For pur-
poses of this section, the term ‘qualified adoption ex-
penses’ has the meaning given such term by section
23(d).’’.
(c) CONFORMING AMENDMENTS.—
(1) The table of sections for subpart A of part
IV of subchapter A of chapter 1 of such Code is
amended by inserting after the item relating to sec-
tion 22 the following new item:
‘‘Sec. 23. Adoption expenses.’’.
(2) The table of sections for part III of sub-
chapter B of chapter 1 of such Code is amended by
striking the item relating to section 137 and insert-
ing the following:
‘‘Sec. 137. Adoption assistance programs.
‘‘Sec. 138. Cross reference to other Acts.’’.
(d) EFFECTIVE DATE.—The amendments made by
this section shall apply to taxable years beginning after
December 31, 1996.
TITLE II—INTERETHNIC
ADOPTION
SEC. 201. REMOVAL OF BARRIERS TO INTERETHNIC ADOP-
TION.
(a) STATE PLAN REQUIREMENTS.—Section 471(a)
of the Social Security Act (42 U.S.C 671(a)) is amend-
ed—
(1) by striking ‘‘and’’ at the end of paragraph
(16);
(2) by striking the period at the end of para-
graph (17) and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(18) not later than January 1, 1997, provides
that neither the State nor any other entity in the
State that receives funds from the Federal Govern-
ment and is involved in adoption or foster care
placements may—
‘‘(A) deny to any person the opportunity to
become an adoptive or a foster parent, on the
basis of the race, color, or national origin of the
person, or of the child, involved; or
‘‘(B) delay or deny the placement of a
child for adoption or into foster care, or other-
wise discriminate in making a placement deci-
sion, on the basis of the race, color, or national
origin of the adoptive or foster parent, or the
child, involved.’’.
(b) ENFORCEMENT.—Section 474 of such Act (42
U.S.C. 674) is amended by adding at the end the follow-
ing:
‘‘(d)(1) If a State’s program operated under this part
is found, as a result of a review conducted under section
1123, to have violated section 471(a)(18) during a quarter
with respect to any person, then, notwithstanding sub-
section (a) of this section and any regulations promulgated
under section 1123(b)(3), the Secretary shall reduce the
amount otherwise payable to the State under this part,
for the quarter and for each subsequent quarter before
the 1st quarter for which the State program is found, as
a result of such a review, not to have violated section
471(a)(18) with respect to any person, by—
‘‘(A)
percent
of
such
otherwise
payable
amount, in the case of the 1st such finding with re-
spect to the State;
‘‘(B)
percent
of
such
otherwise
payable
amount, in the case of the 2nd such finding with re-
spect to the State; or
‘‘(C) 10 percent of such otherwise payable
amount, in the case of the 3rd or subsequent such
finding with respect to the State.
‘‘(2) Any other entity which is in a State that receives
funds
under
this
part
and
which
violates
section
471(a)(18) during a quarter with respect to any person
shall remit to the Secretary all funds that were paid by
the State to the entity during the quarter from such funds.
‘‘(3)(A) Any individual who is aggrieved by a viola-
tion of section 471(a)(18) by a State or other entity may
bring an action seeking relief from the State or other en-
tity in any United States district court.
‘‘(B) An action under this paragraph may not be
brought more than 2 years after the date the alleged viola-
tion occurred.
‘‘(4) This subsection shall not be construed to affect
the application of the Indian Child Welfare Act of 1978.’’.
(c) CIVIL RIGHTS.—
(1) PROHIBITED CONDUCT.—A person or gov-
ernment that is involved in adoption or foster care
placements may not—
(A) deny to any individual the opportunity
to become an adoptive or a foster parent, on the
basis of the race, color, or national origin of the
individual, or of the child, involved; or
(B) delay or deny the placement of a child
for adoption or into foster care, or otherwise
discriminate in making a placement decision, on
the basis of the race, color, or national origin
of the adoptive or foster parent, or the child, in-
volved.
(2) ENFORCEMENT.—Noncompliance with para-
graph (1) is deemed a violation of title VI of the
Civil Rights Act of 1964.
(3) NO EFFECT ON THE INDIAN CHILD WEL-
FARE ACT OF 1978.—This subsection shall not be
construed to affect the application of the Indian
Child Welfare Act of 1978.
(d) CONFORMING REPEAL.—Section 553 of the How-
ard M. Metzenbaum Multiethnic Placement Act of 1994
(42 U.S.C. 5115a) is repealed.
øTITLE
III—CHILD
CUSTODY
PROCEEDINGS AFFECTED BY
THE INDIAN CHILD WELFARE
ACT OF 1978
øSEC. 301. INAPPLICABILITY OF THE INDIAN CHILD WEL-
FARE ACT OF 1978 TO CHILD CUSTODY PRO-
CEEDINGS INVOLVING A CHILD WHOSE PAR-
ENTS DO NOT MAINTAIN AFFILIATION WITH
THEIR INDIAN TRIBE.
øTitle I of the Indian Child Welfare Act (25 U.S.C.
1911 et seq.) is amended by adding at the end the follow-
ing:
ø‘‘SEC. 114. (a) This title does not apply to any child
custody proceeding involving a child who does not reside
or is not domiciled within a reservation unless—
ø‘‘(1) at least one of the child’s biological par-
ents is of Indian descent; and
ø‘‘(2) at least one of the child’s biological par-
ents maintains significant social, cultural, or politi-
cal affiliation with the Indian tribe of which either
parent is a member.
ø‘‘(b) The factual determination as to whether a bio-
logical parent maintains significant social, cultural, or po-
litical affiliation with the Indian tribe of which either par-
ent is a member shall be based on such affiliation as of
the time of the child custody proceeding.
ø‘‘(c) The determination that this title does not apply
pursuant to subsection (a) is final, and, thereafter, this
title shall not be the basis for determining jurisdiction over
any child custody proceeding involving the child.’’.
øSEC. 302. MEMBERSHIP AND CHILD CUSTODY PROCEED-
INGS.
øTitle I of the Indian Child Welfare Act (25 U.S.C.
1911 et seq.), as amended by section 301 of this title, is
further amended by adding at the end the following:
ø‘‘SEC. 115. (a) A person who attains the age of 18
years before becoming a member of an Indian tribe may
become a member of an Indian tribe only upon the per-
son’s written consent.
ø‘‘(b) For the purposes of any child custody proceed-
ing involving an Indian child, membership in an Indian
tribe shall be effective from the actual date of admission
to membership in the Indian tribe and shall not be given
retroactive effect.’’.
øSEC. 303. EFFECTIVE DATE.
øThe amendments made by this title shall take effect
on the date of the enactment of this Act and shall apply
with respect to any child custody proceeding in which a
final decree has not been entered as of such date.¿
TITLE IV—REVENUE OFFSETS
SEC. 400. AMENDMENT OF 1986 CODE.
Except as otherwise expressly provided, whenever in
this title an amendment or repeal is expressed in terms
of an amendment to, or repeal of, a section or other provi-
sion, the reference shall be considered to be made to a
section or other provision of the Internal Revenue Code
of 1986.
Subtitle A—Exclusion for Energy
Conservation Subsidies Limited
to
Subsidies
With
Respect
to
Dwelling Units
SEC. 401. EXCLUSION FOR ENERGY CONSERVATION SUB-
SIDIES
LIMITED
TO
SUBSIDIES
WITH
RE-
SPECT TO DWELLING UNITS.
(a) IN GENERAL.—Paragraph (1) of section 136(c)
(defining energy conservation measure) is amended by
striking ‘‘energy demand—’’ and all that follows and in-
serting ‘‘energy demand with respect to a dwelling unit.’’
(b) CONFORMING AMENDMENTS.—
(1) Subsection (a) of section 136 is amended to
read as follows:
‘‘(a) EXCLUSION.—Gross income shall not include
the value of any subsidy provided (directly or indirectly)
by a public utility to a customer for the purchase or instal-
lation of any energy conservation measure.’’
(2) Paragraph (2) of section 136(c) is amend-
ed—
(A) by striking subparagraph (A) and by
redesignating subparagraphs (B) and (C) as
subparagraphs (A) and (B), respectively, and
(B) by striking ‘‘AND SPECIAL RULES’’ in
the paragraph heading.
(c) EFFECTIVE DATE.—The amendments made by
this section shall apply to amounts received after Decem-
ber 31, 1996, unless received pursuant to a written bind-
ing contract in effect on September 13, 1995, and at all
times thereafter.
Subtitle B—Foreign Trust Tax
Compliance
SEC. 411. IMPROVED INFORMATION REPORTING ON FOR-
EIGN TRUSTS.
(a) IN GENERAL.—Section 6048 (relating to returns
as to certain foreign trusts) is amended to read as follows:
‘‘SEC.
6048.
INFORMATION
WITH
RESPECT
TO
CERTAIN
FOREIGN TRUSTS.
‘‘(a) NOTICE OF CERTAIN EVENTS.—
‘‘(1) GENERAL RULE.—On or before the 90th
day (or such later day as the Secretary may pre-
scribe) after any reportable event, the responsible
party shall provide written notice of such event to
the Secretary in accordance with paragraph (2).
‘‘(2) CONTENTS
OF
NOTICE.—The notice re-
quired by paragraph (1) shall contain such informa-
tion as the Secretary may prescribe, including—
‘‘(A) the amount of money or other prop-
erty (if any) transferred to the trust in connec-
tion with the reportable event, and
‘‘(B) the identity of the trust and of each
trustee
and
beneficiary
(or
class
of
bene-
ficiaries) of the trust.
‘‘(3) REPORTABLE
EVENT.—For purposes of
this subsection—
‘‘(A) IN GENERAL.—The term ‘reportable
event’ means—
‘‘(i) the creation of any foreign trust
by a United States person,
‘‘(ii) the transfer of any money or
property (directly or indirectly) to a for-
eign trust by a United States person, in-
cluding a transfer by reason of death, and
‘‘(iii) the death of a citizen or resident
of the United States if—
‘‘(I) the decedent was treated as
the owner of any portion of a foreign
trust under the rules of subpart E of
part I of subchapter J of chapter 1,
or
‘‘(II) any portion of a foreign
trust was included in the gross estate
of the decedent.
‘‘(B) EXCEPTIONS.—
‘‘(i) FAIR
MARKET
VALUE
SALES.—
Subparagraph (A)(ii) shall not apply to
any transfer of property to a trust in ex-
change for consideration of at least the fair
market value of the transferred property.
For purposes of the preceding sentence,
consideration other than cash shall be
taken into account at its fair market value
and the rules of section 679(a)(3) shall
apply.
‘‘(ii) DEFERRED COMPENSATION AND
CHARITABLE TRUSTS.—Subparagraph (A)
shall not apply with respect to a trust
which is—
‘‘(I) described in section 402(b),
404(a)(4), or 404A, or
‘‘(II)
determined
by
the
Sec-
retary
to
be
described
in
section
501(c)(3).
‘‘(4) RESPONSIBLE
PARTY.—For purposes of
this
subsection,
the
term
‘responsible
party’
means—
‘‘(A) the grantor in the case of the cre-
ation of an inter vivos trust,
‘‘(B) the transferor in the case of a report-
able event described in paragraph (3)(A)(ii)
other than a transfer by reason of death, and
‘‘(C) the executor of the decedent’s estate
in any other case.
‘‘(b)
UNITED
STATES
GRANTOR
OF
FOREIGN
TRUST.—
‘‘(1) IN GENERAL.—If, at any time during any
taxable year of a United States person, such person
is treated as the owner of any portion of a foreign
trust under the rules of subpart E of part I of sub-
chapter J of chapter 1, such person shall be respon-
sible to ensure that—
‘‘(A) such trust makes a return for such
year which sets forth a full and complete ac-
counting of all trust activities and operations
for the year, the name of the United States
agent for such trust, and such other informa-
tion as the Secretary may prescribe, and
‘‘(B) such trust furnishes such information
as the Secretary may prescribe to each United
States person (i) who is treated as the owner of
any portion of such trust or (ii) who receives
(directly or indirectly) any distribution from the
trust.
‘‘(2) TRUSTS
NOT
HAVING
UNITED
STATES
AGENT.—
‘‘(A) IN
GENERAL.—If the rules of this
paragraph apply to any foreign trust, the deter-
mination of amounts required to be taken into
account with respect to such trust by a United
States person under the rules of subpart E of
part I of subchapter J of chapter 1 shall be de-
termined by the Secretary.
‘‘(B) UNITED STATES AGENT REQUIRED.—
The rules of this paragraph shall apply to any
foreign trust to which paragraph (1) applies un-
less such trust agrees (in such manner, subject
to such conditions, and at such time as the Sec-
retary shall prescribe) to authorize a United
States person to act as such trust’s limited
(T) and inserting ‘‘, or’’, and by inserting after sub-
paragraph (T) the following new subparagraph:
‘‘(U) section 6048(b)(1)(B) (relating to
foreign trust reporting requirements).’’.
(2) The table of sections for subpart B of part
III of subchapter A of chapter 61 is amended by
striking the item relating to section 6048 and insert-
ing the following new item:
‘‘Sec. 6048. Information with respect to certain foreign trusts.’’.
(3) The table of sections for part I of sub-
chapter B of chapter 68 is amended by striking the
item relating to section 6677 and inserting the fol-
lowing new item:
‘‘Sec. 6677. Failure to file information with respect to certain for-
eign trusts.’’.
(d) EFFECTIVE DATES.—
(1) REPORTABLE EVENTS.—To the extent re-
lated to subsection (a) of section 6048 of the Inter-
nal Revenue Code of 1986, as amended by this sec-
tion, the amendments made by this section shall
apply to reportable events (as defined in such section
6048) occurring after the date of the enactment of
this Act.
(2) GRANTOR TRUST REPORTING.—To the ex-
tent related to subsection (b) of such section 6048,
the amendments made by this section shall apply to