[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2919 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 2919

    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

                            November 7, 1997

   Mr. Smith of New Jersey introduced the following bill; which was 
   referred to the Committee on Education and the Workforce, and in 
addition to the Committees on National Security, Banking and Financial 
 Services, Ways and Means, Commerce, Government Reform and Oversight, 
and Transportation and Infrastructure, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions 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 adopting children.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Omnibus Adoption Act of 1997''.

              TITLE I--NATIONAL ADVISORY BOARD ON ADOPTION

SEC. 101. NATIONAL ADVISORY COUNCIL ON ADOPTION.

    (a) Establishment.--There is hereby established the National 
Advisory Board on Adoption (in this section referred to as the 
``Board'').
    (b) Membership.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary of Health and Human Services shall 
appoint the members of the Board, and shall include in such appointment 
as Board members representatives of--
            (1) private, nonprofit organizations involved in child 
        welfare and maternal and child health services, including 
        national organizations representing organizations that provide 
        adoption services and maternity housing and services 
        facilities;
            (2) private, nonprofit organizations representing adopted 
        children, adoptive families or biological parents;
            (3) organizations and agencies involved with privately 
        arranged and international adoptions;
            (4) organizations representing State agencies and local 
        government agencies with responsibility for coordinating or 
        regulating adoption services or maternity and housing services 
        facilities; and
            (5) organizations representing State and local courts or 
        judicial entities with jurisdiction over issues 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 implementation of the 
        programs established and activities required under this Act and 
        make such recommendations as it deems appropriate to help carry 
        out the intent of Congress in establishing such programs 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 appropriate, 
        including recommendations regarding additional 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 implementation of the data collection system required 
        pursuant to section 479 of the Social Security Act.
            (2) Specific assurances required.--The report 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 foster 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 
                        population, including the number of children in 
                        foster care, the number, length and type of 
                        placement, availability for adoption, 
                        availability 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 adopted, and 
                        children with respect to whom adoptions have 
                        been terminated, and
                            (iv) the extent and nature of assistance 
                        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 incentives 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 Services 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 developing 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 
achievement 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 programs described in this 
subsection are innovative programs 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; development 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 choosing to make an adoption plan; 
and any other program determined to be consistent with the purposes of 
this section.
    ``(c) Student Selection Procedures.--The Secretary shall, by 
regulation, establish such selection procedures 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 dependents) 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 measurements 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 
support comparable to that provided by federally funded graduate 
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 required by the 
institution as part of the recipient's instructional 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 pursuant 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 
essentially 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 employment 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 fellowship under the provisions of this part. The reports 
shall be accompanied by a certificate from an appropriate official 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 developing 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 ``Secretary'') 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 determine the amount of the 
grant any State is eligible to receive 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 containing 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 assisted 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 MOTHER 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 mother 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 minimum standards 
relating to benefits provided by any health benefits plan described in 
section 8903 or 8903a in connection 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 becoming 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 subparagraph 
                (C); and
                    (B) by striking subparagraph (D) and inserting 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 services''; and
                    (B) by adding at the end of subsection (g) the 
                following new paragraph:
            ``(3) The term `uniformed services' does not include the 
        Coast Guard since members of the Coast Guard are reimbursed for 
        adoption expenses under section 514 of title 14.''.
            (3) Exception to reimbursement.--Subsection (b) of such 
        section is amended by adding at the end the following new 
        sentence: ``No reimbursement may be made under subsection (a) 
        for expenses incurred in carrying out a surrogate parenting 
        arrangement.''.
            (4) Confidentiality.--Subsection (f) of such section is 
        amended by adding at the end the following 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 subparagraph 
                (C); and
                    (B) by striking subparagraph (D) and inserting 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 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) Exception to reimbursement.--Subsection (b) of such 
        section is amended by adding at the end the following new 
        sentence: ``No reimbursement may be made under subsection (a) 
        for expenses incurred in carrying out a surrogate parenting 
        arrangement.''.
            (3) Confidentiality.--Subsection (f) of such section is 
        amended by adding at the end the following 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 ``Maternity'' 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 adding at the end the following new subsection:
    ``(e) In the case of a child (as described in subparagraph (B) or 
(D) of paragraph (6) of section 1072 of this title) of a member of a 
uniformed service, health care provided under section 1076 of this 
title shall include care for any condition of the child that predates 
the date of the adoption of the child.''.

SEC. 403. COORDINATION OF EFFORTS BETWEEN OFFICE OF PERSONNEL 
              MANAGEMENT AND DEPARTMENT OF DEFENSE.

    The Director of the Office of Personnel Management, the Secretary 
of Defense, and the Secretary of Transportation shall, to the greatest 
extent possible--
            (1) coordinate their efforts in developing regulations and 
        guidelines necessary to carry out their respective 
        responsibilities resulting from the amendments made by sections 
        401 and 402; and
            (2) consult with the National Advisory Board on Adoption 
        established under section 101(a) in developing such regulations 
        and guidelines.

   TITLE V--ADOPTION CREDIT MADE PERMANENT FOR ADOPTIONS OF CHILDREN 
                         WITHOUT SPECIAL NEEDS

SEC. 501. ADOPTION CREDIT MADE PERMANENT FOR ADOPTIONS 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 Employer-Provided Adoption 
Assistance.--Section 137 of such Code is amended by striking subsection 
(f) (relating 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 ELIGIBLE PREGNANT WOMEN.

    (a) Establishment of Maternal Health Certificates 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 maternal health certificates for eligible pregnant women to use 
to cover expenses incurred in receiving services at a maternity and 
housing services facility or other supervised setting.
    (b) Eligibility of Individuals.--
            (1) In general.--A pregnant woman is eligible to receive a 
        maternal health certificate under the program established under 
        subsection (a) if the woman--
                    (A) has an annual individual income (determined 
                without taking into account the income of any parent or 
                guardian of the individual) 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 
                Omnibus Budget Reconciliation Act of 1981) applicable 
                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 included.--In 
        determining the income of an individual 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 required.--An 
        individual otherwise eligible to receive a maternal health 
        certificate under the program established under subsection (a) 
        shall not be found ineligible 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 dependent 
        children under part A of title IV of the Social Security Act.
    (c) Limitations on Amount of Expenses Incurred.--A certificate 
received under the program established under subsection (a) may be used 
to cover an amount of expenses incurred by an individual at a maternity 
housing and services facility that does not exceed an amount equal to--
            (1) $125; multiplied by
            (2) the number of days during which such services are 
        provided to the individual at such facility.
    (d) Consultation With Advisory Board.--In developing regulations 
needed to carry out the program established 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 facility.--The term 
        ``maternity and housing services facility'' means a nonprofit 
        facility or supervised setting 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 pregnancy 
        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 counseling.
                    (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 certificates 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 
                               FACILITIES

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 existing 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 maternity 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 Activities.--Any eligible 
nonprofit entity that receives a grant under this title shall use the 
grant amounts for the acquisition 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 entity that 
receives a grant under this title to submit to the Secretary a report, 
at such times and including such information 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 facility.--The term 
        ``maternity housing and services facility'' means a facility 
        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 pregnancy 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 services:
                    (A) Room and board.
                    (B) Medical care 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 counseling.
                    (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 services.
            (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 ADVISORY 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 CONGRESS 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 enforcing, laws, rules, or 
regulations that would provide that--
            (1) the State shall make available to a prospective 
        adoptive parent all relevant information with respect to the 
        placement of the child for adoption, including information with 
        respect to the medical, social, 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 prospective 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 proceeding has submitted to 
        the court all information relating 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 proceeding to the biological 
        mother of a child who is the subject of such proceeding, if the 
        parent wants separate legal representation;
            (5) if a child is placed with an individual pursuant 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 individual shall be barred from adopting the child; and
            (6) with respect to each health benefit plan providing 
        coverage to individuals in the State--
                    (A) each such plan provide coverage of health 
                expenses relating to pregnancy and childbirth (but not 
                including any expenses relating to carrying out a 
                surrogate parenting arrangement)--
                            (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 incurred 
                        after the individual enrolled in the plan 
                        furnishes written notice to the sponsor of the 
                        plan of the individual's intent to adopt the 
                        biological mother's child, and
                            (ii) for any dependent child of an 
                        individual enrolled in the plan; and
                    (B) the sponsor of such a plan may not exclude, 
                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 condition.
    (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 insurance, 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.
                                 <all>