[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2170 Introduced in House (IH)]







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) 
 introduced the following bill; which was referred to the Committee on 
                    Government Reform and Oversight

_______________________________________________________________________

                                 A BILL


 
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.

    Be it enacted by the Senate and House of Representatives 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.
``Sec. 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 authority under section 
        8913(b), is excluded from participating 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 necessary 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 relating to 
                obstetrical care for the biological mother, medical 
                care for the child, and physical examinations for the 
                adopting parent or parents;
                    ``(F) foster-care charges; and
                    ``(G) transportation expenses.
    ``(b) The head of each agency shall by regulation establish a 
program under which any employee of such agency 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 unmarried; and
                    ``(3) if appropriate written application is filed 
                within such time, complete with such information, 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 another Federal statute have not 
        met (or would not meet) the full amount of the adoption 
        expenses incurred; and
            ``(B) may not exceed $2,000.
    ``(2)(A) In any case in which both adopting parents are employees 
eligible for reimbursement under this section, each parent shall be 
eligible for an amount determined in accordance with paragraph (1), 
except as provided 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 employee involved.
    ``(f) An application for reimbursement under this section 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 assistance 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 section.''.

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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