II 112th CONGRESS 1st Session S. 82 IN THE SENATE OF THE UNITED STATES January 25 (legislative day, January 5), 2011 Mr. Johanns (for himself, Ms. Klobuchar, Mrs. Hutchison, Mr. Burr, Mr. Casey, and Mr. Thune) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To repeal the sunset of the Economic Growth and Tax Relief Reconciliation Act of 2001 with respect to the expansion of the adoption credit and adoption assistance programs, to repeal the sunset of the Patient Protection and Affordable Care Act with respect to increased dollar limitations for such credit and programs, and to allow the adoption credit to be claimed in the year expenses are incurred, regardless of when the adoption becomes final.

1.

Short title

This Act may be cited as the Adoption Tax Relief Guarantee Act.

2.

Repeal of applicability of sunset of the Economic Growth and Tax Relief Reconciliation Act of 2001 with respect to adoption credit and adoption assistance programs

Section 901 of the Economic Growth and Tax Relief Reconciliation Act of 2001 is amended by adding at the end the following new subsection: (c)

Exception

Subsection (a) shall not apply to the amendments made by section 202 (relating to expansion of adoption credit and adoption assistance programs). .

3.

Repeal of applicability of sunset of the Patient Protection and Affordable Care Act with respect to increased dollar limitations

(a)

In general

Section 10909(c) of the Patient Protection and Affordable Care Act, as amended by section 101(b) of the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010, is amended by striking this section and inserting subsection (b) each place it appears. (b)

Conforming amendment

The heading for section 10909(c) of such Act is amended by inserting relating to refundability after sunset provision.

4.

Allowance of adoption credit in year of expenses

(a)

Years before 2012

(1)

In general

Paragraph (2) of section 36C(a) of the Internal Revenue Code of 1986 (relating to allowance of credit) is amended to read as follows: (2)

Year credit allowed

The credit under paragraph (1) with respect to any expense shall be allowed for the taxable year in which such expense is paid or incurred. . (2)

Effective date

The amendment made by this subsection shall apply to expenses paid or incurred in taxable years beginning after December 31, 2010. (b)

Years after 2011

(1)

In general

Paragraph (2) of section 23(a) of the Internal Revenue Code of 1986 (relating to allowance of credit), as in effect after the application of section 10909(c) of the Patient Protection and Affordable Care Act, is amended to read as follows: (2)

Year credit allowed

The credit under paragraph (1) with respect to any expense shall be allowed for the taxable year in which such expense is paid or incurred. . (2)

Effective date

The amendment made by this subsection shall apply to expenses paid or incurred in taxable years beginning after December 31, 2011.