[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2540 Introduced in House (IH)]







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, 
    Commerce, 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 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 ``1999 Omnibus Adoption 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 expenses.--Paragraph (1) of 
        section 23(b) of the Internal Revenue Code of 1986 (relating to 
        dollar limitation) is amended by striking ``$5,000'' and all 
        that follows and inserting ``$10,000.''.
            (2) Phase-out limitation.--Clause (i) of section 
        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 Limitations 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 subparagraph (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 reduced by the sum of the credits 
        allowable under this subpart (other than this section and 
section 1400C)'' and inserting ``the applicable tax limitation''.
            (2) Applicable tax limitation.--Subsection (d) of section 
        23 of such Code (as amended by subsection (b) of this section) 
        is further amended adding 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 increase 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 section 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 aggregate 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 because of the 
placement of a son or daughter with the employee 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 biological 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 commence 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 contained 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 constitutes 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 subsection (a), the 
court may--
            (1) grant as relief against any respondent that violates 
        section 201--
                    (A) any permanent or temporary injunction, 
                temporary restraining order, or other equitable 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, 
                including 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 subparagraph (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 employee'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 ``commerce'' and ``industry affecting 
        commerce'' mean any activity, business, or industry in commerce 
        or in which a labor dispute would hinder or obstruct commerce 
        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 ``employment benefits'' 
        means all benefits provided or made available to employees by 
        an employer, including health insurance, sick leave, annual 
        leave, parental leave, and disability leave regardless of 
        whether such benefits are provided by a policy or practice of 
        an employer or through an ``employee welfare benefit plan'', as 
        defined in section 3(3) of the Employee 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 subparagraph (A); and
                    (C) any right to the receipt of pay or employment 
                benefits, or the accrual of seniority, during the leave 
                described in subparagraph (A).
            (5) Parent.--The term ``parent'' means the biological 
        parent, adoptive parent, prospective adoptive parent, foster 
        parent, legal guardian, or stepparent, of a child.
            (6) Parental leave.--The term ``parental leave'' means any 
        leave to enable a parent to care for a newborn biological 
        child.
            (7) Placement.--The term ``placement'' means the 
        introduction of a child into a family or the process to bring 
        about the introduction of a child into a family.
            (8) Sick leave.--The term ``sick leave'' means any leave 
        provided by an employer to enable an employee to recover from 
        an illness, injury, or disability.
            (9) Son or daughter.--The term ``son or daughter'' means a 
        biological or adopted child, a foster child, a stepchild, a 
        legal ward, or a child placed for adoption.

                     TITLE III--ADOPTION COUNSELING

SEC. 301. GRANTS FOR CERTAIN ACTIVITIES TOWARD PROMOTING ADOPTION 
              COUNSELING.

    Subpart I of part D of title III of the Public Health Service Act 
(42 U.S.C. 254b et seq.) is amended by adding at the end the following 
section:

``SEC. 330D. CERTAIN SERVICES FOR PREGNANT WOMEN.

    ``(a) Adoption Counseling.--
            ``(1) In general.--The Secretary shall make grants to 
        national adoption organizations for the purpose of developing 
        and implementing programs to train the staff of eligible health 
        centers in providing adoption counseling to pregnant women and 
        infertile married couples. With respect to such a grant--
                    ``(A) a national adoption organization may expend 
                the grant to carry out the programs directly or through 
                grants to or contracts with other adoption 
                organizations; and
                    ``(B) a condition for the receipt of the grant is 
                that the national adoption organization agree to make 
                reasonable efforts to provide such training at sites 
                that are near the eligible health centers for which the 
                training is to be provided.
            ``(2) Adoption organizations; eligible health centers.--For 
        purposes of this section:
                    ``(A) The term `adoption organization' means an 
                organization--
                            ``(i) whose primary purpose is the 
                        promotion of adoption;
                            ``(ii) that is knowledgeable on the process 
                        for adopting a child and on providing adoption 
                        counseling to pregnant women; and
                            ``(iii) that is a nonprofit private entity.
                    ``(B) The term `eligible health centers' means 
                public and nonprofit private entities that provide 
                health-related services to pregnant women.
                    ``(C) The term `married couples' means couples who 
                have entered into marriage as defined in section 7 of 
                title 1, United States Code.
            ``(3) Training for certain eligible health centers.--A 
        condition for the receipt of a grant under paragraph (1) is 
        that the national adoption organization involved agree to make 
        reasonable efforts to ensure that the eligible health centers 
        with respect to which training under the grant is provided 
        include--
                    ``(A) eligible health centers that receive grants 
                under section 1001 (relating to voluntary family 
                planning projects);
                    ``(B) eligible health centers that receive grants 
                under section 330 (relating to community health 
                centers, migrant health centers, and centers regarding 
                homeless individuals and residents of public housing);
                    ``(C) eligible health centers that receive grants 
                under this Act for the provision of services in 
                schools; and
                    ``(D) eligible health centers that do not perform 
                or make referrals for abortions, or provide or make 
                referrals for counseling that presents abortion as an 
                option.
            ``(4) Participation of certain eligible health clinics.--In 
        the case of eligible health centers that receive grants under 
        section 330 or 1001, the Secretary shall provide for the 
        training of the staff of such centers through the program under 
        paragraph (1), subject to subsection (c)(4).
    ``(b) Requirements Regarding Federally-Funded Family Planning 
Services.--The Secretary shall require that each program providing 
voluntary family planning services with a grant from the Secretary 
provide nondirective counseling and referrals regarding--
            ``(1) prenatal care and delivery;
            ``(2) infant care;
            ``(3) foster care; and
            ``(4) adoption.
    ``(c) Religious Organizations.--
            ``(1) In general.--Religious organizations may receive 
        grants under subsection (a) on the same basis as any other 
        nongovernmental provider without impairing the religious 
        character of such organizations, and without diminishing the 
        religious freedom of beneficiaries of assistance funded under 
        such program.
            ``(2) Nondiscrimination against religious organizations.--
        Religious organizations are eligible for grants under 
        subsection (a) on the same basis as any other nonprofit private 
        entity as long as the programs are implemented consistent with 
        the Establishment Clause of the United States Constitution. The 
        Federal Government shall not discriminate against an 
        organization that applies to receive such a grant on the basis 
        that the organization has a religious character.
            ``(3) Religious character and freedom.--
                    ``(A) Religious organizations.--A religious 
                organization receiving a grant under subsection (a) 
                shall retain its independence from Federal, State, and 
                local governments, including such organization's 
                control over the definition, development, practice, and 
                expression of its religious beliefs.
                    ``(B) Additional safeguards.--The Federal 
                Government shall not require a religious organization 
                receiving a grant under subsection (a)--
                            ``(i) to alter its form of internal 
                        governance; or
                            ``(ii) to remove religious art, icons, 
                        scripture, or other symbols;
                in order to be eligible for a grant under subsection 
                (a).
            ``(4) Rights of beneficiaries of assistance.--
                    ``(A) In general.--If an individual described in 
                subparagraph (B) has an objection to the religious 
                character of the organization from which the individual 
                receives services pursuant to a grant under subsection 
                (a), the organization shall provide such individual, 
                within a reasonable period of time after the date of 
                such objection, with services from an alternative 
                provider that is accessible to the individual and the 
                value of which is not less than the value of the 
                services that the individual would have received from 
                such organization.
                    ``(B) Individual described.--An individual 
                described in this subparagraph is an individual who 
                receives, applies for, or requests to apply for, 
                services under a program carried out with a grant under 
                subsection (a).
            ``(5) Employment practices.--A religious organization's 
        exemption provided under section 702 of the Civil Rights Act of 
        1964 regarding employment practices shall not be affected by 
        its participation in, or receipt of funds from, a program 
        carried out with a grant under subsection (a).
            ``(6) Nondiscrimination against beneficiaries.--Except as 
        otherwise provided in law, a religious organization shall not 
        discriminate against an individual in regard to providing 
        services under a grant under subsection (a) on the basis of 
        religion, a religious belief, or refusal to actively 
        participate in a religious practice.
            ``(7) Fiscal accountability.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), any religious organization receiving 
                a grant under subsection (a) shall be subject to the 
                same regulations as other grantees under such 
                subsection to account in accord with generally accepted 
                auditing principles for the expenditure of the grant.
                    ``(B) Limited audit.--If a religious organization 
                receiving a grant under subsection (a) segregates the 
                grant funds into separate accounts, then only such 
                funds shall be subject to audit.
            ``(8) Compliance.--Any party which seeks to enforce its 
        rights under this subsection may assert a civil action for 
        injunctive relief exclusively in an appropriate State court 
        against the entity or agency that allegedly commits such 
        violation.
            ``(9) Preemption.--Nothing in this subsection shall be 
        construed to preempt any provision of a State constitution or 
        State statute that prohibits or restricts the expenditure of 
        State funds in or by religious organizations.
            ``(10) Limitations on use of funds for certain purposes.--A 
        grant under subsection (a) may not be expended for sectarian 
        worship, instruction, or proselytization.
    ``(d) Application for Grant.--The Secretary may make a grant under 
subsection (a) only if an application for the grant is submitted to the 
Secretary and the application is in such form, is made in such manner, 
and contains such agreements, assurances, and information as the 
Secretary determines to be necessary to carry out this section.
    ``(e) Authorization of Appropriations.--For the purpose of carrying 
out this section, there are authorized to be appropriated $7,000,000 
for fiscal year 2000, and such sums as may be necessary for each of the 
fiscal years 2001 through 2004.''.

     TITLE IV--ADOPTION INFORMATION FOR MEMBERS OF THE ARMED FORCES

SEC. 401. AVAILABILITY OF INFORMATION CONCERNING ADOPTION.

    (a) In General.--The Secretary of each military department and the 
Secretary of Transportation with respect to the Coast Guard when it is 
not operating as a service in the Navy shall ensure that members of 
Armed Forces under their jurisdiction have information concerning 
adoption readily available to them.
    (b) Specific Information To Be Made Available.--Information 
referred to in subsection (a) shall include--
            (1) information for military couples who are prospective 
        adoptive parents; and
            (2) information for unmarried female members of the Armed 
        Forces who are pregnant about the option of planning adoption 
        for the child.

                        TITLE V--FEDERAL PRISONS

SEC. 501. AVAILABILITY OF ADOPTION INFORMATION.

    (a) In General.--Chapter 301 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 4015. Availability of adoption information
    ``The Attorney General shall take appropriate action to assure that 
information regarding the option of planning adoption for the child is 
made readily available to each female prisoner who is or may be 
pregnant.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 301 of title 18, United States Code, is amended by adding at 
the end the following new item:

``4015. Availability of adoption information.''.

         TITLE VI--ACCREDITATION OF ADOPTION SERVICE PROVIDERS

SEC. 601. ACCREDITATION OF ADOPTION SERVICE PROVIDERS.

    Section 471(a) of the Social Security Act (42 U.S.C. 671(a)) is 
amended--
            (1) by striking ``and'' at the end of paragraph (22);
            (2) by striking the period at the end of paragraph (23) and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(24) provides that the State has enacted such laws and 
        procedures as may be necessary to--
                    ``(A) prohibit the provision of adoption services 
                in the State by a person who is not accredited by the 
                State to provide such services; and
                    ``(B) require the State to establish standards 
                which must be met in order to become an accredited 
                provider of adoption services in the State, and to so 
                accredit any person who meets such standards.''.

          TITLE VII--ADOPTION AND FOSTER CARE DATA COLLECTION

SEC. 701. ADOPTION AND FOSTER CARE DATA COLLECTION SYSTEM.

    (a) In General.--Section 479 of the Social Security Act (42 U.S.C. 
679) is amended by adding at the end the following:
    ``(d) Not later than 6 months after the date of the enactment of 
this subsection, the Secretary shall implement the recommendations 
contained in the report submitted pursuant to subsection (a)(3), except 
to the extent the recommendations involve a matter that is subject to 
the Indian Child Welfare Act.''.
    (b) State Plan Requirement.--Section 471(a) of such Act (42 U.S.C. 
671(a)), as amended by section 601 of this Act, is amended--
            (1) by striking ``and'' at the end of paragraph (23);
            (2) by striking the period at the end of paragraph (24) and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(25) provides that the governor of the State shall 
        designate a lead institution to compile data on adoptions in 
        the State, ensure that the courts and other institutions of the 
        State provide such data to the lead institution, and transmit 
        such data and foster care data electronically to the Secretary 
        on a quarterly basis.''.

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.

    (a) In General.--Subpart C of part IV of subchapter 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 inserting 
after section 34 the following new section:

``SEC. 35. MEDICAL EXPENSES OF PREGNANCIES WITH CHILDREN PLACED FOR 
              ADOPTION.

    ``(a) In General.--In the case of an individual, there shall be 
allowed as a credit against the tax imposed by this subtitle for the 
taxable year an amount equal to the qualified medical expenses paid by 
the taxpayer during the taxable year.
    ``(b) Limitation.--The amount of the credit allowed by subsection 
(a) with respect to any 1 child shall not exceed $5,000.
    ``(c) Qualified Medical Expenses.--For purposes of this section, 
the term `qualified medical expenses' means any amount paid (and not 
compensated for by insurance or otherwise) by the taxpayer for medical 
care (as defined in section 213) in connection with the pregnancy and 
delivery (by the taxpayer, the taxpayer's spouse, or any dependent of 
the taxpayer) of a child which is placed for adoption within 30 days 
after delivery.
    ``(d) Denial of Double Benefit.--The amount taken into account in 
determining the credit under this section shall not be taken into 
account in determining the amount of any deduction under section 162(l) 
or 213.''
    (b) Conforming Amendments.--
            (1) Paragraph (2) of section 1324(b) of title 31, United 
        States Code, is amended by inserting before the period ``, or 
        from section 35 of such Code''.
            (2) The table of sections for subpart C of part IV of 
        subchapter A of chapter 1 of such Code is amended by striking 
        the last item and inserting the following new items:

                              ``Sec. 35. Medical expenses of 
                                        pregnancies with children 
                                        placed for adoption.
                              ``Sec. 36. Overpayments of tax.''
    (c) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after December 31, 1998.

             TITLE IX--MATERNAL HEALTH CERTIFICATES PROGRAM

SEC. 901. 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 tanf 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 
        assistance under a State program funded under part A of title 
        IV of the Social Security Act (relating to temporary assistance 
        for needy families).
    (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) 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 or an 
                approved referral source.
            (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.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated for maternal health certificates under this section--
            (1) $50,000,000 for fiscal year 2000;
            (2) $75,000,000 for fiscal year 2001; and
            (3) $100,000,000 for fiscal year 2002.

   TITLE X--REHABILITATION GRANTS FOR MATERNITY HOUSING AND SERVICES 
                               FACILITIES

SEC. 1001. 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. 1002. 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. 1003. 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. 1004. 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. 1005. PARTICIPATION OF RELIGIOUS ORGANIZATIONS.

    (a) In General.--Religious organizations may receive grants under 
this title on the same basis as any other eligible nonprofit entity 
without impairing the religious character of such organizations, and 
without diminishing the religious freedom of beneficiaries of such 
grants.
    (b) Nondiscrimination Against Religious Organizations.--Religious 
organizations are eligible for grants under this title on the same 
basis as any other eligible nonprofit entity as long as the programs 
are implemented consistent with the Establishment Clause of the United 
States Constitution. The Secretary shall not discriminate against an 
organization that applies to receive such a grant on the basis that the 
organization has a religious character.
    (c) Religious Character and Freedom.--
            (1) Religious organizations.--A religious organization 
        receiving a grant under this title shall retain its 
        independence from Federal, State, and local governments, 
        including such organization's control over the definition, 
        development, practice, and expression of its religious beliefs.
            (2) Additional safeguards.--The Secretary shall not require 
        a religious organization receiving a grant under this title--
                    (A) to alter its form of internal governance; or
                    (B) to remove religious art, icons, scripture, or 
                other symbols;
        in order to be eligible for a grant under this title.
    (d) Rights of Beneficiaries of Assistance.--
            (1) In general.--If an individual described in paragraph 
        (2) has an objection to the religious character of the 
        organization from which the individual receives services 
        pursuant to a grant under this title, the organization shall 
        provide such individual, within a reasonable period of time 
        after the date of such objection, with services from an 
        alternative provider that is accessible to the individual and 
        the value of which is not less than the value of the services 
        that the individual would have received from such organization.
            (2) Individual described.--An individual described in this 
        paragraph is an individual who receives, applies for, or 
        requests to apply for, services under a program carried out 
        with a grant under this title.
    (e) Employment Practices.--A religious organization's exemption 
provided under section 702 of the Civil Rights Act of 1964 regarding 
employment practices shall not be affected by its participation in, or 
receipt of funds from, a program carried out with a grant under this 
title.
    (f) Nondiscrimination Against Beneficiaries.--Except as otherwise 
provided in law, a religious organization shall not discriminate 
against an individual in regard to providing services under a grant 
under this title on the basis of religion, a religious belief, or 
refusal to actively participate in a religious practice.
    (g) Fiscal Accountability.--
            (1) In general.--Except as provided in paragraph (2), any 
        religious organization receiving a grant under this title shall 
        be subject to the same regulations as other grantees under this 
        title to account in accord with generally accepted auditing 
        principles for the expenditure of the grant.
            (2) Limited audit.--If a religious organization receiving a 
        grant under this title segregates the grant funds into separate 
        accounts, then only such funds shall be subject to audit.
    (h) Compliance.--Any party which seeks to enforce its rights under 
this section may assert a civil action for injunctive relief 
exclusively in an appropriate State court against the entity or agency 
that allegedly commits such violation.
    (i) No Preemption.--This section shall not be construed to preempt 
any provision of a State constitution or State statute that prohibits 
or restricts the expenditure of State funds in or by religious 
organizations.
    (j) Limitations on Use of Funds for Certain Purposes.--A grant 
under this title may not be expended for sectarian worship, 
instruction, or proselytization.

SEC. 1006. 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 
                1002(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 or an 
                approved referral source.
                    (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. 1007. REGULATIONS.

    The Secretary shall issue any regulations necessary to carry out 
this title.

SEC. 1008. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this title 
$25,000,000 for fiscal year 2000, $40,000,000 for fiscal year 2001, and 
$60,000,000 for fiscal year 2002.

   TITLE XI--REPEAL OF NATIONAL CLEARINGHOUSE ON ADOPTION INFORMATION

SEC. 1101. REPEAL OF NATIONAL CLEARINGHOUSE ON ADOPTION INFORMATION.

    Section 9442 of the Omnibus Budget Reconciliation Act of 1986 (42 
U.S.C. 679a) is repealed.

               TITLE XII--NATIONAL COMMISSION ON ADOPTION

SEC. 1201. NATIONAL COMMISSION ON ADOPTION.

    (a) Establishment.--There is established a commission to be known 
as the National Commission on Adoption (in this section referred to as 
the ``Commission'').
    (b) Duties of the Commission.--The Commission shall review all 
adoption programs and all activities relating to adoption in the United 
States, focusing particularly on how often adoption is presented as an 
option for unmarried pregnant women and on the extent to which 
prospective adoptive parents are aware that there are children waiting 
to be adopted.
    (c) Membership.--
            (1) Number and appointment.--The Commission shall be 
        composed of 9 members, of whom--
                    (A) 2 shall be appointed by the Speaker of the 
                House of Representatives;
                    (B) 1 shall be appointed by the Minority Leader of 
                the House of Representatives;
                    (C) 2 shall be appointed by the Majority Leader of 
                the Senate;
                    (D) 1 shall be appointed by the Minority Leader of 
                the Senate; and
                    (E) 3 shall be appointed by the President.
            (2) Terms of appointment.--The term of any appointment 
        under paragraph (1) to the Commission shall be for the life of 
        the Commission.
            (3) Meetings.--The Commission shall meet at the call of its 
        Chairman or a majority of its members.
            (4) Quorum.--A quorum shall consist of 5 members of the 
        Commission.
            (5) Vacancies.--A vacancy on the Commission shall be filled 
        in the same manner in which the original appointment was made, 
        not later than 30 days after the Commission is given notice of 
        the vacancy, and shall not affect the power of the remaining 
        members to execute the duties of the Commission.
            (6) Compensation.--Members of the Commission shall receive 
        no additional pay, allowances, or benefits by reason of their 
        service on the Commission.
            (7) Expenses.--Each member of the Commission shall receive 
        travel expenses and per diem in lieu of subsistence in 
        accordance with sections 5702 and 5703 of title 5, United 
        States Code.
    (d) Staff and Support Services.--
            (1) Executive director.--
                    (A) Appointment.--The Chairman shall appoint an 
                executive director of the Commission.
                    (B) Compensation.--The executive director shall be 
                paid the rate of basic pay for level V of the Executive 
                Schedule.
            (2) Staff.--With the approval of the Commission, the 
        executive director may appoint such personnel as the executive 
        director considers appropriate.
            (3) Applicability of civil service laws.--The staff of the 
        Commission shall be appointed without regard to the provisions 
        of title 5, United States Code, governing appointments in the 
        competitive service, and shall be paid without regard to the 
        provisions of chapter 51 and subchapter III of chapter 53 of 
        such title (relating to classification and General Schedule pay 
        rates).
            (4) Experts and consultants.--With the approval of the 
        Commission, the executive director may procure temporary and 
        intermittent services under section 3109(b) of title 5, United 
        States Code.
            (5) Physical facilities.--The Administrator of the General 
        Services Administration shall locate suitable office space for 
        the operation of the Commission. The facilities shall serve as 
        the headquarters of the Commission and shall include all 
        necessary equipment and incidentals required for the proper 
        functioning of the Commission.
    (e) Powers of Commission.--
            (1) Hearings and other activities.--For the purpose of 
        carrying out its duties, the Commission may hold such hearings 
        and undertake such other activities as the Commission 
determines to be necessary to carry out its duties.
            (2) Studies by gao.--Upon the request of the Commission, 
        the Comptroller General shall conduct such studies or 
        investigations as the Commission determines to be necessary to 
        carry out its duties.
            (3) Cost estimates by congressional budget office and 
        office of the chief actuary of hcfa.--
                    (A) The Director of the Congressional Budget Office 
                or the Chief Actuary of the Health Care Financing 
                Administration, or both, shall provide to the 
                Commission, upon the request of the Commission, such 
                cost estimates as the Commission determines to be 
                necessary to carry out its duties.
                    (B) The Commission shall reimburse the Director of 
                the Congressional Budget Office for expenses relating 
                to the employment in the office of the Director of such 
                additional staff as may be necessary for the Director 
                to comply with requests by the Commission under 
                subparagraph (A).
            (4) Detail of federal employees.--Upon the request of the 
        Commission, the head of any Federal agency is authorized to 
        detail, without reimbursement, any of the personnel of such 
        agency to the Commission to assist the Commission in carrying 
        out its duties. Any such detail shall not interrupt or 
        otherwise affect the civil service status or privileges of the 
        Federal employee.
            (5) Technical assistance.--Upon the request of the 
        Commission, the head of a Federal agency shall provide such 
        technical assistance to the Commission as the Commission 
        determines to be necessary to carry out its duties.
            (6) Use of mails.--The Commission may use the United States 
        mails in the same manner and under the same conditions as 
        Federal agencies and shall, for purposes of the frank, be 
        considered a commission of Congress as described in section 
        3215 of title 39, United States Code.
            (7) Obtaining information.--The Commission may secure 
        directly from any Federal agency information necessary to 
        enable it to carry out its duties, if the information may be 
        disclosed under section 552 of title 5, United States Code. 
        Upon request of the Chairman of the Commission, the head of 
        such agency shall furnish such information to the Commission.
            (8) Administrative support services.--Upon the request of 
        the Commission, the Administrator of General Services shall 
        provide to the Commission on a reimbursable basis such 
        administrative support services as the Commission may request.
            (9) Printing.--For purposes of costs relating to printing 
        and binding, including the cost of personnel detailed from the 
        Government Printing Office, the Commission shall be deemed to 
        be a committee of the Congress.
    (f) Report.--Not later than 3 years after the date of the enactment 
of this Act, the Commission shall submit a report to the President and 
to the Committees on Ways and Means and on Education and the Workforce 
of the House of Representatives and the Committees on Finance and on 
Health, Education, Labor, and Pensions of the Senate which shall 
contain a detailed statement of the recommendations, findings, and 
conclusions of the Commission.
    (g) Termination.--The Commission shall terminate 30 days after the 
date of submission of the report required in subsection (f). Section 
14(a)(2)(B) of the Federal Advisory Committee Act shall not apply to 
the Commission.
    (h) Limitations on Authorization of Appropriations.--There are 
authorized to be appropriated to the Commission not more than 
$1,500,000 to carry out this section.
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