[Congressional Record Volume 142, Number 64 (Thursday, May 9, 1996)]
[House]
[Pages H4775-H4786]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




              ADOPTION PROMOTION AND STABILITY ACT OF 1996

  Mr. ARCHER. Madam Speaker, pursuant to House Resolution 428, I call 
up the bill (H.R. 3286) to help families defray adoption costs ,and to 
promote the adoption of minority children, and ask for its immediate 
consideration.
  The Clerk read the title of the bill.
  The SPEAKER pro tempore. Pursuant to House Resolution 428, the 
amendment in the nature of a substitute printed in the bill is adopted.
  The text of H.R. 3286, as amended, is as follows:

                               H.R. 3286

       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 ``Adoption Promotion and 
     Stability Act of 1996''.

     SEC. 2. TABLE OF CONTENTS.

       The table of contents of this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.

                 TITLE I--CREDIT FOR ADOPTION EXPENSES

Sec. 101. Credit for adoption expenses.

                     TITLE II--INTERETHNIC ADOPTION

Sec. 201. Removal of barriers to interethnic adoption.

   TITLE III--CHILD CUSTODY PROCEEDINGS AFFECTED BY THE INDIAN CHILD 
                          WELFARE ACT OF 1978

Sec. 301. Inapplicability of the Indian Child Welfare Act of 1978 to 
              child custody proceedings involving a child whose parents 
              do not maintain affiliation with their Indian tribe.
Sec. 302. Membership and child custody proceedings.
Sec. 303. Effective date.

                       TITLE IV--REVENUE OFFSETS

Sec. 400. Amendment of 1986 Code.

  Subtitle A--Exclusion for Energy Conservation Subsidies Limited to 
                Subsidies With Respect to Dwelling Units

Sec. 401. Exclusion for energy conservation subsidies limited to 
              subsidies with respect to dwelling units.

                Subtitle B--Foreign Trust Tax Compliance

Sec. 411. Improved information reporting on foreign trusts.
Sec. 412. Comparable penalties for failure to file return relating to 
              transfers to foreign entities.
Sec. 413. Modifications of rules relating to foreign trusts having one 
              or more United States beneficiaries.
Sec. 414. Foreign persons not to be treated as owners under grantor 
              trust rules.
Sec. 415. Information reporting regarding foreign gifts.
Sec. 416. Modification of rules relating to foreign trusts which are 
              not grantor trusts.
Sec. 417. Residence of trusts, etc.

[[Page H4776]]

                 TITLE I--CREDIT FOR ADOPTION EXPENSES

     SEC. 101. CREDIT FOR ADOPTION EXPENSES.

       (a) In General.--Subpart A of part IV of subchapter A of 
     chapter 1 of the Internal Revenue Code of 1986 (relating to 
     nonrefundable personal credits) is amended by inserting after 
     section 22 the following new section:

     ``SEC. 23. ADOPTION EXPENSES.

       ``(a) Allowance of Credit.--In the case of an individual, 
     there shall be allowed as a credit against the tax imposed by 
     this chapter for the taxable year the amount of the qualified 
     adoption expenses paid or incurred by the taxpayer during 
     such taxable year.
       ``(b) Limitations.--
       ``(1) Dollar limitation.--The aggregate amount of qualified 
     adoption expenses which may be taken into account under 
     subsection (a) for all taxable years with respect to the 
     adoption of a child by the taxpayer shall not exceed $5,000.
       ``(2) Income limitation.--The amount allowable as a credit 
     under subsection (a) for any taxable year shall be reduced 
     (but not below zero) by an amount which bears the same ratio 
     to the amount so allowable (determined without regard to this 
     paragraph but with regard to paragraph (1)) as--
       ``(A) the amount (if any) by which the taxpayer's adjusted 
     gross income (determined without regard to sections 911, 931, 
     and 933) exceeds $75,000, bears to
       ``(B) $40,000.
       ``(3) Denial of double benefit.--
       ``(A) In general.--No credit shall be allowed under 
     subsection (a) for any expense for which a deduction or 
     credit is allowable under any other provision of this 
     chapter.
       ``(B) Grants.--No credit shall be allowed under subsection 
     (a) for any expense to the extent that funds for such expense 
     are received under any Federal, State, or local program. The 
     preceding sentence shall not apply to expenses for the 
     adoption of a child with special needs.
       ``(C) Reimbursement.--No credit shall be allowed under 
     subsection (a) for any expense to the extent that such 
     expense is reimbursed and the reimbursement is excluded from 
     gross income under section 137.
       ``(c) Carryforwards of Unused Credit.--If the credit 
     allowable under subsection (a) for any taxable year exceeds 
     the limitation imposed by section 26(a) for such taxable year 
     reduced by the sum of the credits allowable under this 
     subpart (other than this section), such excess shall be 
     carried to the succeeding taxable year and added to the 
     credit allowable under subsection (a) for such taxable year. 
     No credit may be carried forward under this subsection to any 
     taxable year following the fifth taxable year after the 
     taxable year in which the credit arose. For purposes of the 
     preceding sentence, credits shall be treated as used on a 
     first-in first-out basis.
       ``(d) Definitions.--For purposes of this section--
       ``(1) Qualified adoption expenses.--The term `qualified 
     adoption expenses' means reasonable and necessary adoption 
     fees, court costs, attorney fees, and other expenses--
       ``(A) which are directly related to, and the principal 
     purpose of which is for, the legal adoption of an eligible 
     child by the taxpayer, and
       ``(B) which are not incurred in violation of State or 
     Federal law or in carrying out any surrogate parenting 
     arrangement.
       ``(2) Expenses for adoption of spouse's child not 
     eligible.--The term `qualified adoption expenses' shall not 
     include any expenses in connection with the adoption by an 
     individual of a child who is the child of such individual's 
     spouse.
       ``(3) Eligible child.--The term `eligible child' means any 
     individual--
       ``(A) who has not attained age 18 as of the time of the 
     adoption, or
       ``(B) who is physically or mentally incapable of caring for 
     himself.
       ``(4) Child with special needs.--The term `child with 
     special needs' means any child if--
       ``(A) a State has determined that the child cannot or 
     should not be returned to the home of his parents, and
       ``(B) such State has determined that there exists with 
     respect to the child a specific factor or condition (such as 
     his ethnic background, age, or membership in a minority or 
     sibling group, or the presence of factors such as medical 
     conditions or physical, mental, or emotional handicaps) 
     because of which it is reasonable to conclude that such child 
     cannot be placed with adoptive parents without providing 
     adoption assistance.
       ``(e) Special Rules for Foreign Adoptions.--In the case of 
     a foreign adoption--
       ``(1) subsection (a) shall not apply to any qualified 
     adoption expense with respect to such adoption unless such 
     adoption becomes final, and
       ``(2) any such expense which is paid or incurred before the 
     taxable year in which such adoption becomes final shall be 
     taken into account under this section as if such expense were 
     paid or incurred during such year.
       ``(f) Married Couples Must File Joint Returns.--Rules 
     similar to the rules of paragraphs (2), (3), and (4) of 
     section 21(e) shall apply for purposes of this section.
       ``(g) Basis Adjustments.--For purposes of this subtitle, if 
     a credit is allowed under this section for any expenditure 
     with respect to any property, the increase in the basis of 
     such property which would (but for this subsection) result 
     from such expenditure shall be reduced by the amount of the 
     credit so allowed.
       ``(h) Regulations.--The Secretary shall prescribe such 
     regulations as may be appropriate to carry out this section 
     and section 137, including regulations which treat unmarried 
     individuals who pay or incur qualified adoption expenses with 
     respect to the same child as 1 taxpayer for purposes of 
     applying the dollar limitation in subsection (b)(1) of this 
     section and in section 137(b)(1).''.
       (b) Exclusion of Amounts Received Under Employer's Adoption 
     Assistance Programs.--Part III of subchapter B of chapter 1 
     of such Code (relating to items specifically excluded from 
     gross income) is amended by redesignating section 137 as 
     section 138 and by inserting after section 136 the following 
     new section:

     ``SEC. 137. ADOPTION ASSISTANCE PROGRAMS.

       ``(a) In General.--Gross income of an employee does not 
     include amounts paid or expenses incurred by the employer for 
     qualified adoption expenses in connection with the adoption 
     of a child by an employee if such amounts are furnished 
     pursuant to an adoption assistance program.
       ``(b) Limitations.--
       ``(1) Dollar limitation.--The aggregate amount excludable 
     from gross income under subsection (a) for all taxable years 
     with respect to the adoption of a child by the taxpayer shall 
     not exceed $5,000.
       ``(2) Income limitation.--The amount excludable from gross 
     income under subsection (a) for any taxable year shall be 
     reduced (but not below zero) by an amount which bears the 
     same ratio to the amount so excludable (determined without 
     regard to this paragraph but with regard to paragraph (1)) 
     as--
       ``(A) the amount (if any) by which the taxpayer's adjusted 
     gross income exceeds $75,000, bears to
       ``(B) $40,000.
       ``(3) Determination of adjusted gross income.--For purposes 
     of paragraph (2), adjusted gross income shall be determined--
       ``(A) without regard to this section and sections 911, 931, 
     and 933, and
       ``(B) after the application of sections 86, 135, 219, and 
     469.
       ``(c) Adoption Assistance Program.--For purposes of this 
     section, an adoption assistance program is a plan of an 
     employer--
       ``(1) under which the employer provides employees with 
     adoption assistance, and
       ``(2) which meets requirements similar to the requirements 
     of paragraphs (2), (3), and (5) of section 127(b).

     An adoption reimbursement program operated under section 1052 
     of title 10, United States Code (relating to armed forces) or 
     section 514 of title 14, United States Code (relating to 
     members of the Coast Guard) shall be treated as an adoption 
     assistance program for purposes of this section.
       ``(d) Qualified Adoption Expenses.--For purposes of this 
     section, the term `qualified adoption expenses' has the 
     meaning given such term by section 23(d).
       ``(e) Certain Rules To Apply.--Rules similar to the rules 
     of subsections (e) and (g) of section 23 shall apply for 
     purposes of this section.''.
       (c) Conforming Amendments.--
       (1) Sections 86(b)(2)(A) and 135(c)(4)(A) of such Code are 
     each amended by inserting ``137,'' before ``911''.
       (2) Clause (i) of section 219(g)(3)(A) of such Code is 
     amended by inserting ``, 137,'' before ``and 911''.
       (3) Clause (ii) of section 469(i)(3)(E) of such Code is 
     amended to read as follows:
       ``(ii) the amounts excludable from gross income under 
     sections 135 and 137,''.
       (4) Subsection (a) of section 1016 of such Code is amended 
     by striking ``and'' at the end of paragraph (24), by striking 
     the period at the end of paragraph (25) and inserting ``, 
     and'', and by adding at the end the following new paragraph:
       ``(26) to the extent provided in sections 23(g) and 
     137(e).''
       (5) The table of sections for subpart A of part IV of 
     subchapter A of chapter 1 of such Code is amended by 
     inserting after the item relating to section 22 the following 
     new item:

``Sec. 23. Adoption expenses.''.

       (6) The table of sections for part III of subchapter B of 
     chapter 1 of such Code is amended by striking the item 
     relating to section 137 and inserting the following:

``Sec. 137. Adoption assistance programs.
``Sec. 138. Cross reference to other Acts.''.

       (d) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     1996.
                     TITLE II--INTERETHNIC ADOPTION

     SEC. 201. REMOVAL OF BARRIERS TO INTERETHNIC ADOPTION.

       (a) State Plan Requirements.--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 (16);
       (2) by striking the period at the end of paragraph (17) and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(18) not later than January 1, 1997, provides that 
     neither the State nor any other entity in the State that 
     receives funds from the Federal Government and is involved in 
     adoption or foster care placements may--
       ``(A) deny to any person the opportunity to become an 
     adoptive or a foster parent, on the basis of the race, color, 
     or national origin of the person, or of the child, involved; 
     or
       ``(B) delay or deny the placement of a child for adoption 
     or into foster care, on the basis of the race, color, or 
     national origin of the adoptive or foster parent, or the 
     child, involved.''.
       (b) Enforcement.--Section 474 of such Act (42 U.S.C. 674) 
     is amended by adding at the end the following:
       ``(d)(1) If a State's program operated under this part is 
     found, as a result of a review conducted under section 1123, 
     to have violated section 471(a)(18) during a quarter with 
     respect to

[[Page H4777]]

     any person, then, notwithstanding subsection (a) of this 
     section and any regulations promulgated under section 
     1123(b)(3), the Secretary shall reduce the amount otherwise 
     payable to the State under this part, for the quarter and for 
     each subsequent quarter before the 1st quarter for which the 
     State program is found, as a result of such a review, not to 
     have violated section 471(a)(18) with respect to any person, 
     by--
       ``(A) 2 percent of such otherwise payable amount, in the 
     case of the 1st such finding with respect to the State;
       ``(B) 5 percent of such otherwise payable amount, in the 
     case of the 2nd such finding with respect to the State; or
       ``(C) 10 percent of such otherwise payable amount, in the 
     case of the 3rd or subsequent such finding with respect to 
     the State.
       ``(2) Any other entity which is in a State that receives 
     funds under this part and which violates section 471(a)(18) 
     during a quarter with respect to any person shall remit to 
     the Secretary all funds that were paid by the State to the 
     entity during the quarter from such funds.
       ``(3)(A) Any individual who is aggrieved by a violation of 
     section 471(a)(18) by a State or other entity may bring an 
     action seeking relief from the State or other entity in any 
     United States district court.
       ``(B) An action under this paragraph may not be brought 
     more than 2 years after the date the alleged violation 
     occurred.
       ``(4) This subsection shall not be construed to affect the 
     application of the Indian Child Welfare Act of 1978.''.
       (c) Civil Rights.--
       (1) Prohibited conduct.--A person or government that is 
     involved in adoption or foster care placements may not--
       (A) deny to any individual the opportunity to become an 
     adoptive or a foster parent, on the basis of the race, color, 
     or national origin of the individual, or of the child, 
     involved; or
       (B) delay or deny the placement of a child for adoption or 
     into foster care, on the basis of the race, color, or 
     national origin of the adoptive or foster parent, or the 
     child, involved.
       (2) Enforcement.--Noncompliance with paragraph (1) is 
     deemed a violation of title VI of the Civil Rights Act of 
     1964.
       (3) No effect on the indian child welfare act of 1978.--
     This subsection shall not be construed to affect the 
     application of the Indian Child Welfare Act of 1978.
       (d) Conforming Repeal.--Section 553 of the Howard M. 
     Metzenbaum Multiethnic Placement Act of 1994 (42 U.S.C. 
     5115a) is repealed.
   TITLE III--CHILD CUSTODY PROCEEDINGS AFFECTED BY THE INDIAN CHILD 
                          WELFARE ACT OF 1978

     SEC. 301. INAPPLICABILITY OF THE INDIAN CHILD WELFARE ACT OF 
                   1978 TO CHILD CUSTODY PROCEEDINGS INVOLVING A 
                   CHILD WHOSE PARENTS DO NOT MAINTAIN AFFILIATION 
                   WITH THEIR INDIAN TRIBE.

       Title I of the Indian Child Welfare Act of 1978 (25 U.S.C. 
     1911 et seq.) is amended by adding at the end the following:
       ``Sec. 114. (a) This title does not apply to any child 
     custody proceeding involving a child who does not reside or 
     is not domiciled within a reservation unless--
       ``(1) at least one of the child's biological parents is of 
     Indian descent; and
       ``(2) at least one of the child's biological parents 
     maintains significant social, cultural, or political 
     affiliation with the Indian tribe of which either parent is a 
     member.
       ``(b) The factual determination as to whether a biological 
     parent maintains significant social, cultural, or political 
     affiliation with the Indian tribe of which either parent is a 
     member shall be based on such affiliation as of the time of 
     the child custody proceeding.
       ``(c) The determination that this title does not apply 
     pursuant to subsection (a) is final, and, thereafter, this 
     title shall not be the basis for determining jurisdiction 
     over any child custody proceeding involving the child.''.

     SEC. 302. MEMBERSHIP AND CHILD CUSTODY PROCEEDINGS.

       Title I of the Indian Child Welfare Act of 1978 (25 U.S.C. 
     1911 et seq.), as amended by section 301 of this title, is 
     further amended by adding at the end the following:
       ``Sec. 115. (a) A person who attains the age of 18 years 
     before becoming a member of an Indian tribe may become a 
     member of an Indian tribe only upon the person's written 
     consent.
       ``(b) For the purposes of any child custody proceeding 
     involving an Indian child, membership in an Indian tribe 
     shall be effective from the actual date of admission to 
     membership in the Indian tribe and shall not be given 
     retroactive effect.''.

     SEC. 303. EFFECTIVE DATE.

       The amendments made by this title shall take effect on the 
     date of the enactment of this Act and shall apply with 
     respect to any child custody proceeding in which a final 
     decree has not been entered as of such date.
                       TITLE IV--REVENUE OFFSETS

     SEC. 400. AMENDMENT OF 1986 CODE.

       Except as otherwise expressly provided, whenever in this 
     title an amendment or repeal is expressed in terms of an 
     amendment to, or repeal of, a section or other provision, the 
     reference shall be considered to be made to a section or 
     other provision of the Internal Revenue Code of 1986.
  Subtitle A--Exclusion for Energy Conservation Subsidies Limited to 
                Subsidies With Respect to Dwelling Units

     SEC. 401. EXCLUSION FOR ENERGY CONSERVATION SUBSIDIES LIMITED 
                   TO SUBSIDIES WITH RESPECT TO DWELLING UNITS.

       (a) In General.--Paragraph (1) of section 136(c) (defining 
     energy conservation measure) is amended by striking ``energy 
     demand--'' and all that follows and inserting ``energy demand 
     with respect to a dwelling unit.''
       (b) Conforming Amendments.--
       (1) Subsection (a) of section 136 is amended to read as 
     follows:
       ``(a) Exclusion.--Gross income shall not include the value 
     of any subsidy provided (directly or indirectly) by a public 
     utility to a customer for the purchase or installation of 
     any energy conservation measure.''
       (2) Paragraph (2) of section 136(c) is amended--
       (A) by striking subparagraph (A) and by redesignating 
     subparagraphs (B) and (C) as subparagraphs (A) and (B), 
     respectively, and
       (B) by striking ``and special rules'' in the paragraph 
     heading.
       (c) Effective Date.--The amendments made by this section 
     shall apply to amounts received after December 31, 1996, 
     unless received pursuant to a written binding contract in 
     effect on September 13, 1995, and at all times thereafter.
                Subtitle B--Foreign Trust Tax Compliance

     SEC. 411. IMPROVED INFORMATION REPORTING ON FOREIGN TRUSTS.

       (a) In General.--Section 6048 (relating to returns as to 
     certain foreign trusts) is amended to read as follows:

     ``SEC. 6048. INFORMATION WITH RESPECT TO CERTAIN FOREIGN 
                   TRUSTS.

       ``(a) Notice of Certain Events.--
       ``(1) General rule.--On or before the 90th day (or such 
     later day as the Secretary may prescribe) after any 
     reportable event, the responsible party shall provide written 
     notice of such event to the Secretary in accordance with 
     paragraph (2).
       ``(2) Contents of notice.--The notice required by paragraph 
     (1) shall contain such information as the Secretary may 
     prescribe, including--
       ``(A) the amount of money or other property (if any) 
     transferred to the trust in connection with the reportable 
     event, and
       ``(B) the identity of the trust and of each trustee and 
     beneficiary (or class of beneficiaries) of the trust.
       ``(3) Reportable event.--For purposes of this subsection--
       ``(A) In general.--The term `reportable event' means--
       ``(i) the creation of any foreign trust by a United States 
     person,
       ``(ii) the transfer of any money or property (directly or 
     indirectly) to a foreign trust by a United States person, 
     including a transfer by reason of death, and
       ``(iii) the death of a citizen or resident of the United 
     States if--

       ``(I) the decedent was treated as the owner of any portion 
     of a foreign trust under the rules of subpart E of part I of 
     subchapter J of chapter 1, or
       ``(II) any portion of a foreign trust was included in the 
     gross estate of the decedent.

       ``(B) Exceptions.--
       ``(i) Fair market value sales.--Subparagraph (A)(ii) shall 
     not apply to any transfer of property to a trust in exchange 
     for consideration of at least the fair market value of the 
     transferred property. For purposes of the preceding sentence, 
     consideration other than cash shall be taken into account at 
     its fair market value and the rules of section 679(a)(3) 
     shall apply.
       ``(ii) Deferred compensation and charitable trusts.--
     Subparagraph (A) shall not apply with respect to a trust 
     which is--

       ``(I) described in section 402(b), 404(a)(4), or 404A, or
       ``(II) determined by the Secretary to be described in 
     section 501(c)(3).

       ``(4) Responsible party.--For purposes of this subsection, 
     the term `responsible party' means--
       ``(A) the grantor in the case of the creation of an inter 
     vivos trust,
       ``(B) the transferor in the case of a reportable event 
     described in paragraph (3)(A)(ii) other than a transfer by 
     reason of death, and
       ``(C) the executor of the decedent's estate in any other 
     case.
       ``(b) United States Grantor of Foreign Trust.--
       ``(1) In general.--If, at any time during any taxable year 
     of a United States person, such person is treated as the 
     owner of any portion of a foreign trust under the rules of 
     subpart E of part I of subchapter J of chapter 1, such person 
     shall be responsible to ensure that--
       ``(A) such trust makes a return for such year which sets 
     forth a full and complete accounting of all trust activities 
     and operations for the year, the name of the United States 
     agent for such trust, and such other information as the 
     Secretary may prescribe, and
       ``(B) such trust furnishes such information as the 
     Secretary may prescribe to each United States person (i) who 
     is treated as the owner of any portion of such trust or (ii) 
     who receives (directly or indirectly) any distribution from 
     the trust.
       ``(2) Trusts not having united states agent.--
       ``(A) In general.--If the rules of this paragraph apply to 
     any foreign trust, the determination of amounts required to 
     be taken into account with respect to such trust by a United 
     States person under the rules of subpart E of part I of 
     subchapter J of chapter 1 shall be determined by the 
     Secretary.
       ``(B) United states agent required.--The rules of this 
     paragraph shall apply to any foreign trust to which paragraph 
     (1) applies unless such trust agrees (in such manner, subject 
     to such conditions, and at such time as the Secretary shall 
     prescribe) to authorize a United States person to act as such 
     trust's limited agent solely for purposes of applying 
     sections 7602, 7603, and 7604 with respect to--
       ``(i) any request by the Secretary to examine records or 
     produce testimony related to the

[[Page H4778]]

     proper treatment of amounts required to be taken into account 
     under the rules referred to in subparagraph (A), or
       ``(ii) any summons by the Secretary for such records or 
     testimony.

     The appearance of persons or production of records by reason 
     of a United States person being such an agent shall not 
     subject such persons or records to legal process for any 
     purpose other than determining the correct treatment under 
     this title of the amounts required to be taken into account 
     under the rules referred to in subparagraph (A). A foreign 
     trust which appoints an agent described in this subparagraph 
     shall not be considered to have an office or a permanent 
     establishment in the United States, or to be engaged in a 
     trade or business in the United States, solely because of the 
     activities of such agent pursuant to this subsection.
       ``(C) Other rules to apply.--Rules similar to the rules of 
     paragraphs (2) and (4) of section 6038A(e) shall apply for 
     purposes of this paragraph.
       ``(c) Reporting by United States Beneficiaries of Foreign 
     Trusts.--
       ``(1) In general.--If any United States person receives 
     (directly or indirectly) during any taxable year of such 
     person any distribution from a foreign trust, such person 
     shall make a return with respect to such trust for such 
     year which includes--
       ``(A) the name of such trust,
       ``(B) the aggregate amount of the distributions so received 
     from such trust during such taxable year, and
       ``(C) such other information as the Secretary may 
     prescribe.
       ``(2) Inclusion in income if records not provided.--
       ``(A) In general.--If adequate records are not provided to 
     the Secretary to determine the proper treatment of any 
     distribution from a foreign trust, such distribution shall be 
     treated as an accumulation distribution includible in the 
     gross income of the distributee under chapter 1. To the 
     extent provided in regulations, the preceding sentence shall 
     not apply if the foreign trust elects to be subject to rules 
     similar to the rules of subsection (b)(2)(B).
       ``(B) Application of accumulation distribution rules.--For 
     purposes of applying section 668 in a case to which 
     subparagraph (A) applies, the applicable number of years for 
     purposes of section 668(a) shall be \1/2\ of the number of 
     years the trust has been in existence.
       ``(d) Special Rules.--
       ``(1) Determination of whether united states person makes 
     transfer or receives distribution.--For purposes of this 
     section, in determining whether a United States person makes 
     a transfer to, or receives a distribution from, a foreign 
     trust, the fact that a portion of such trust is treated as 
     owned by another person under the rules of subpart E of part 
     I of subchapter J of chapter 1 shall be disregarded.
       ``(2) Domestic trusts with foreign activities.--To the 
     extent provided in regulations, a trust which is a United 
     States person shall be treated as a foreign trust for 
     purposes of this section and section 6677 if such trust has 
     substantial activities, or holds substantial property, 
     outside the United States.
       ``(3) Time and manner of filing information.--Any notice or 
     return required under this section shall be made at such time 
     and in such manner as the Secretary shall prescribe.
       ``(4) Modification of return requirements.--The Secretary 
     is authorized to suspend or modify any requirement of this 
     section if the Secretary determines that the United States 
     has no significant tax interest in obtaining the required 
     information.''.
       (b) Increased Penalties.--Section 6677 (relating to failure 
     to file information returns with respect to certain foreign 
     trusts) is amended to read as follows:

     ``SEC. 6677. FAILURE TO FILE INFORMATION WITH RESPECT TO 
                   CERTAIN FOREIGN TRUSTS.

       ``(a) Civil Penalty.--In addition to any criminal penalty 
     provided by law, if any notice or return required to be filed 
     by section 6048--
       ``(1) is not filed on or before the time provided in such 
     section, or
       ``(2) does not include all the information required 
     pursuant to such section or includes incorrect information,

     the person required to file such notice or return shall pay a 
     penalty equal to 35 percent of the gross reportable amount. 
     If any failure described in the preceding sentence continues 
     for more than 90 days after the day on which the Secretary 
     mails notice of such failure to the person required to pay 
     such penalty, such person shall pay a penalty (in addition to 
     the amount determined under the preceding sentence) of 
     $10,000 for each 30-day period (or fraction thereof) during 
     which such failure continues after the expiration of such 90-
     day period. In no event shall the penalty under this 
     subsection with respect to any failure exceed the gross 
     reportable amount.
       ``(b) Special Rules for Returns Under Section 6048(b).--In 
     the case of a return required under section 6048(b)--
       ``(1) the United States person referred to in such section 
     shall be liable for the penalty imposed by subsection (a), 
     and
       ``(2) subsection (a) shall be applied by substituting `5 
     percent' for `35 percent'.
       ``(c) Gross Reportable Amount.--For purposes of subsection 
     (a), the term `gross reportable amount' means--
       ``(1) the gross value of the property involved in the event 
     (determined as of the date of the event) in the case of a 
     failure relating to section 6048(a),
       ``(2) the gross value of the portion of the trust's assets 
     at the close of the year treated as owned by the United 
     States person in the case of a failure relating to section 
     6048(b)(1), and
       ``(3) the gross amount of the distributions in the case of 
     a failure relating to section 6048(c).
       ``(d) Reasonable Cause Exception.--No penalty shall be 
     imposed by this section on any failure which is shown to be 
     due to reasonable cause and not due to willful neglect. The 
     fact that a foreign jurisdiction would impose a civil or 
     criminal penalty on the taxpayer (or any other person) for 
     disclosing the required information is not reasonable 
     cause.
       ``(e) Deficiency Procedures Not To Apply.--Subchapter B of 
     chapter 63 (relating to deficiency procedures for income, 
     estate, gift, and certain excise taxes) shall not apply in 
     respect of the assessment or collection of any penalty 
     imposed by subsection (a).''.
       (c) Conforming Amendments.--
       (1) Paragraph (2) of section 6724(d) is amended by striking 
     ``or'' at the end of subparagraph (S), by striking the period 
     at the end of subparagraph (T) and inserting ``, or'', and by 
     inserting after subparagraph (T) the following new 
     subparagraph:
       ``(U) section 6048(b)(1)(B) (relating to foreign trust 
     reporting requirements).''.
       (2) The table of sections for subpart B of part III of 
     subchapter A of chapter 61 is amended by striking the item 
     relating to section 6048 and inserting the following new 
     item:

``Sec. 6048. Information with respect to certain foreign trusts.''.

       (3) The table of sections for part I of subchapter B of 
     chapter 68 is amended by striking the item relating to 
     section 6677 and inserting the following new item:

``Sec. 6677. Failure to file information with respect to certain 
              foreign trusts.''.

       (d) Effective Dates.--
       (1) Reportable events.--To the extent related to subsection 
     (a) of section 6048 of the Internal Revenue Code of 1986, as 
     amended by this section, the amendments made by this section 
     shall apply to reportable events (as defined in such section 
     6048) occurring after the date of the enactment of this Act.
       (2) Grantor trust reporting.--To the extent related to 
     subsection (b) of such section 6048, the amendments made by 
     this section shall apply to taxable years of United States 
     persons beginning after December 31, 1995.
       (3) Reporting by united states beneficiaries.--To the 
     extent related to subsection (c) of such section 6048, the 
     amendments made by this section shall apply to distributions 
     received after the date of the enactment of this Act.

     SEC. 412. COMPARABLE PENALTIES FOR FAILURE TO FILE RETURN 
                   RELATING TO TRANSFERS TO FOREIGN ENTITIES.

       (a) In General.--Section 1494 is amended by adding at the 
     end the following new subsection:
       ``(c) Penalty.--In the case of any failure to file a return 
     required by the Secretary with respect to any transfer 
     described in section 1491, the person required to file such 
     return shall be liable for the penalties provided in section 
     6677 in the same manner as if such failure were a failure to 
     file a notice under section 6048(a).''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply to transfers after the date of the enactment of 
     this Act.

     SEC. 413. MODIFICATIONS OF RULES RELATING TO FOREIGN TRUSTS 
                   HAVING ONE OR MORE UNITED STATES BENEFICIARIES.

       (a) Treatment of Trust Obligations, Etc.--
       (1) Paragraph (2) of section 679(a) is amended by striking 
     subparagraph (B) and inserting the following:
       ``(B) Transfers at fair market value.--To any transfer of 
     property to a trust in exchange for consideration of at least 
     the fair market value of the transferred property. For 
     purposes of the preceding sentence, consideration other than 
     cash shall be taken into account at its fair market value.''.
       (2) Subsection (a) of section 679 (relating to foreign 
     trusts having one or more United States beneficiaries) is 
     amended by adding at the end the following new paragraph:
       ``(3) Certain obligations not taken into account under fair 
     market value exception.--
       ``(A) In general.--In determining whether paragraph (2)(B) 
     applies to any transfer by a person described in clause (ii) 
     or (iii) of subparagraph (C), there shall not be taken into 
     account--
       ``(i) except as provided in regulations, any obligation of 
     a person described in subparagraph (C), and
       ``(ii) to the extent provided in regulations, any 
     obligation which is guaranteed by a person described in 
     subparagraph (C).
       ``(B) Treatment of principal payments on obligation.--
     Principal payments by the trust on any obligation referred to 
     in subparagraph (A) shall be taken into account on and after 
     the date of the payment in determining the portion of the 
     trust attributable to the property transferred.
       ``(C) Persons described.--The persons described in this 
     subparagraph are--
       ``(i) the trust,
       ``(ii) any grantor or beneficiary of the trust, and
       ``(iii) any person who is related (within the meaning of 
     section 643(i)(2)(B)) to any grantor or beneficiary of the 
     trust.''.
       (b) Exemption of Transfers to Charitable Trusts.--
     Subsection (a) of section 679 is amended by striking 
     ``section 404(a)(4) or 404A'' and inserting ``section 
     6048(a)(3)(B)(ii)''.
       (c) Other Modifications.--Subsection (a) of section 679 is 
     amended by adding at the end the following new paragraphs:
       ``(4) Special rules applicable to foreign grantor who later 
     becomes a united states person.--

[[Page H4779]]

       ``(A) In general.--If a nonresident alien individual has a 
     residency starting date within 5 years after directly or 
     indirectly transferring property to a foreign trust, this 
     section and section 6048 shall be applied as if such 
     individual transferred to such trust on the residency 
     starting date an amount equal to the portion of such trust 
     attributable to the property transferred by such individual 
     to such trust in such transfer.
       ``(B) Treatment of undistributed income.--For purposes of 
     this section, undistributed net income for periods before 
     such individual's residency starting date shall be taken into 
     account in determining the portion of the trust which is 
     attributable to property transferred by such individual to 
     such trust but shall not otherwise be taken into account.
       ``(C) Residency starting date.--For purposes of this 
     paragraph, an individual's residency starting date is the 
     residency starting date determined under section 
     7701(b)(2)(A).
       ``(5) Outbound trust migrations.--If--
       ``(A) an individual who is a citizen or resident of the 
     United States transferred property to a trust which was not a 
     foreign trust, and
       ``(B) such trust becomes a foreign trust while such 
     individual is alive,

     then this section and section 6048 shall be applied as if 
     such individual transferred to such trust on the date such 
     trust becomes a foreign trust an amount equal to the portion 
     of such trust attributable to the property previously 
     transferred by such individual to such trust. A rule similar 
     to the rule of paragraph (4)(B) shall apply for purposes of 
     this paragraph.''.
       (d) Modifications Relating to Whether Trust Has United 
     States Beneficiaries.--Subsection (c) of section 679 is 
     amended by adding at the end the following new paragraph:
       ``(3) Certain united states beneficiaries disregarded.--A 
     beneficiary shall not be treated as a United States person in 
     applying this section with respect to any transfer of 
     property to foreign trust if such beneficiary first became a 
     United States person more than 5 years after the date of such 
     transfer.''.
       (e) Technical Amendment.--Subparagraph (A) of section 
     679(c)(2) is amended to read as follows:
       ``(A) in the case of a foreign corporation, such 
     corporation is a controlled foreign corporation (as defined 
     in section 957(a)),''.
       (f) Regulations.--Section 679 is amended by adding at the 
     end the following new subsection:
       ``(d) Regulations.--The Secretary shall prescribe such 
     regulations as may be necessary or appropriate to carry out 
     the purposes of this section.''.
       (g) Effective Date.--The amendments made by this section 
     shall apply to transfers of property after February 6, 1995.

     SEC. 414. FOREIGN PERSONS NOT TO BE TREATED AS OWNERS UNDER 
                   GRANTOR TRUST RULES.

       (a) General Rule.--
       (1) Subsection (f) of section 672 (relating to special rule 
     where grantor is foreign person) is amended to read as 
     follows:
       ``(f) Subpart Not To Result in Foreign Ownership.--
       ``(1) In general.--Notwithstanding any other provision of 
     this subpart, this subpart shall apply only to the extent 
     such application results in an amount (if any) being 
     currently taken into account (directly or through 1 or more 
     entities) under this chapter in computing the income of a 
     citizen or resident of the United States or a domestic 
     corporation.
       ``(2) Exceptions.--
       ``(A) Certain revocable and irrevocable trusts.--Paragraph 
     (1) shall not apply to any portion of a trust if--
       ``(i) the power to revest absolutely in the grantor title 
     to the trust property to which such portion is attributable 
     is exercisable solely by the grantor without the approval or 
     consent of any other person or with the consent of a related 
     or subordinate party who is subservient to the grantor, or
       ``(ii) the only amounts distributable from such portion 
     (whether income or corpus) during the lifetime of the grantor 
     are amounts distributable to the grantor or the spouse of the 
     grantor.
       ``(B) Compensatory trusts.--Except as provided in 
     regulations, paragraph (1) shall not apply to any portion of 
     a trust distributions from which are taxable as compensation 
     for services rendered.
       ``(3) Special rules.--Except as otherwise provided in 
     regulations prescribed by the Secretary--
       ``(A) a controlled foreign corporation (as defined in 
     section 957) shall be treated as a domestic corporation for 
     purposes of paragraph (1), and
       ``(B) paragraph (1) shall not apply for purposes of 
     applying section 1296.
       ``(4) Recharacterization of purported gifts.--In the case 
     of any transfer directly or indirectly from a partnership or 
     foreign corporation which the transferee treats as a gift or 
     bequest, the Secretary may recharacterize such transfer in 
     such circumstances as the Secretary determines to be 
     appropriate to prevent the avoidance of the purposes of this 
     subsection.
       ``(5) Special rule where grantor is foreign person.--If--
       ``(A) but for this subsection, a foreign person would be 
     treated as the owner of any portion of a trust, and
       ``(B) such trust has a beneficiary who is a United States 
     person,

     such beneficiary shall be treated as the grantor of such 
     portion to the extent such beneficiary or any member of such 
     beneficiary's family (within the meaning of section 
     267(c)(4)) has made (directly or indirectly) transfers of 
     property (other than in a sale for full and adequate 
     consideration) to such foreign person. For purposes of the 
     preceding sentence, any gift shall not be taken into account 
     to the extent such gift would be excluded from taxable gifts 
     under section 2503(b).
       ``(6) Regulations.--The Secretary shall prescribe such 
     regulations as may be necessary or appropriate to carry out 
     the purposes of this subsection, including regulations 
     providing that paragraph (1) shall not apply in appropriate 
     cases.''.
       (2) The last sentence of subsection (c) of section 672 of 
     such Code is amended by inserting ``subsection (f) and'' 
     before ``sections 674''.
       (b) Credit for Certain Taxes.--
       (1) Paragraph (2) of section 665(d) is amended by adding at 
     the end the following new sentence: ``Under rules or 
     regulations prescribed by the Secretary, in the case of any 
     foreign trust of which the settlor or another person would be 
     treated as owner of any portion of the trust under subpart E 
     but for section 672(f), the term `taxes imposed on the trust' 
     includes the allocable amount of any income, war profits, and 
     excess profits taxes imposed by any foreign country or 
     possession of the United States on the settlor or such other 
     person in respect of trust income.''.
       (2) Paragraph (5) of section 901(b) is amended by adding at 
     the end the following new sentence: ``Under rules or 
     regulations prescribed by the Secretary, in the case of any 
     foreign trust of which the settlor or another person would be 
     treated as owner of any portion of the trust under subpart E 
     but for section 672(f), the allocable amount of any income, 
     war profits, and excess profits taxes imposed by any foreign 
     country or possession of the United States on the settlor or 
     such other person in respect of trust income.''.
       (c) Distributions by Certain Foreign Trusts Through 
     Nominees.--
       (1) Section 643 is amended by adding at the end the 
     following new subsection:
       ``(h) Distributions by Certain Foreign Trusts Through 
     Nominees.--For purposes of this part, any amount paid to a 
     United States person which is derived directly or indirectly 
     from a foreign trust of which the payor is not the grantor 
     shall be deemed in the year of payment to have been directly 
     paid by the foreign trust to such United States person.''.
       (2) Section 665 is amended by striking subsection (c).
       (d) Effective Date.--
       (1) In general.--Except as provided by paragraph (2), the 
     amendments made by this section shall take effect on the date 
     of the enactment of this Act.
       (2) Exception for certain trusts.--The amendments made by 
     this section shall not apply to any trust--
       (A) which is treated as owned by the grantor under section 
     676 or 677 (other than subsection (a)(3) thereof) of the 
     Internal Revenue Code of 1986, and
       (B) which is in existence on September 19, 1995.

     The preceding sentence shall not apply to the portion of any 
     such trust attributable to any transfer to such trust after 
     September 19, 1995.
       (e) Transitional Rule.--If--
       (1) by reason of the amendments made by this section, any 
     person other than a United States person ceases to be treated 
     as the owner of a portion of a domestic trust, and
       (2) before January 1, 1997, such trust becomes a foreign 
     trust, or the assets of such trust are transferred to a 
     foreign trust,

     no tax shall be imposed by section 1491 of the Internal 
     Revenue Code of 1986 by reason of such trust becoming a 
     foreign trust or the assets of such trust being transferred 
     to a foreign trust.

     SEC. 415. INFORMATION REPORTING REGARDING FOREIGN GIFTS.

       (a) In General.--Subpart A of part III of subchapter A of 
     chapter 61 is amended by inserting after section 6039E the 
     following new section:

     ``SEC. 6039F. NOTICE OF LARGE GIFTS RECEIVED FROM FOREIGN 
                   PERSONS.

       ``(a) In General.--If the value of the aggregate foreign 
     gifts received by a United States person (other than an 
     organization described in section 501(c) and exempt from tax 
     under section 501(a)) during any taxable year exceeds 
     $10,000, such United States person shall furnish (at such 
     time and in such manner as the Secretary shall prescribe) 
     such information as the Secretary may prescribe regarding 
     each foreign gift received during such year.
       ``(b) Foreign Gift.--For purposes of this section, the term 
     `foreign gift' means any amount received from a person other 
     than a United States person which the recipient treats as a 
     gift or bequest. Such term shall not include any qualified 
     transfer (within the meaning of section 2503(e)(2)) or any 
     distribution properly disclosed in a return under section 
     6048(c).
       ``(c) Penalty for Failure To File Information.--
       ``(1) In general.--If a United States person fails to 
     furnish the information required by subsection (a) with 
     respect to any foreign gift within the time prescribed 
     therefor (including extensions)--
       ``(A) the tax consequences of the receipt of such gift 
     shall be determined by the Secretary, and
       ``(B) such United States person shall pay (upon notice and 
     demand by the Secretary and in the same manner as tax) an 
     amount equal to 5 percent of the amount of such foreign gift 
     for each month for which the failure continues (not to exceed 
     25 percent of such amount in the aggregate).
       ``(2) Reasonable cause exception.--Paragraph (1) shall not 
     apply to any failure to report a foreign gift if the United 
     States person shows that the failure is due to reasonable 
     cause and not due to willful neglect.
       ``(d) Cost-of-Living Adjustment.--In the case of any 
     taxable year beginning after December 31, 1996, the $10,000 
     amount under subsection (a) shall be increased by an amount

[[Page H4780]]

     equal to the product of such amount and the cost-of-living 
     adjustment for such taxable year under section 1(f)(3), 
     except that subparagraph (B) thereof shall be applied by 
     substituting `1995' for `1992'.
       ``(e) Regulations.--The Secretary shall prescribe such 
     regulations as may be necessary or appropriate to carry out 
     the purposes of this section.''.
       (b) Clerical Amendment.--The table of sections for such 
     subpart is amended by inserting after the item relating to 
     section 6039E the following new item:

``Sec. 6039F. Notice of large gifts received from foreign persons.''.

       (c) Effective Date.--The amendments made by this section 
     shall apply to amounts received after the date of the 
     enactment of this Act in taxable years ending after such 
     date.

     SEC. 416. MODIFICATION OF RULES RELATING TO FOREIGN TRUSTS 
                   WHICH ARE NOT GRANTOR TRUSTS.

       (a) Modification of Interest Charge on Accumulation 
     Distributions.--Subsection (a) of section 668 (relating to 
     interest charge on accumulation distributions from foreign 
     trusts) is amended to read as follows:
       ``(a) General Rule.--For purposes of the tax determined 
     under section 667(a)--
       ``(1) Interest determined using underpayment rates.--The 
     interest charge determined under this section with respect to 
     any distribution is the amount of interest which would be 
     determined on the partial tax computed under section 667(b) 
     for the period described in paragraph (2) using the rates and 
     the method under section 6621 applicable to underpayments of 
     tax.
       ``(2) Period.--For purposes of paragraph (1), the period 
     described in this paragraph is the period which begins on the 
     date which is the applicable number of years before the date 
     of the distribution and which ends on the date of the 
     distribution.
       ``(3) Applicable number of years.--For purposes of 
     paragraph (2)--
       ``(A) In general.--The applicable number of years with 
     respect to a distribution is the number determined by 
     dividing--
       ``(i) the sum of the products described in subparagraph (B) 
     with respect to each undistributed income year, by
       ``(ii) the aggregate undistributed net income.

     The quotient determined under the preceding sentence shall be 
     rounded under procedures prescribed by the Secretary.
       ``(B) Product described.--For purposes of subparagraph (A), 
     the product described in this subparagraph with respect to 
     any undistributed income year is the product of--
       ``(i) the undistributed net income for such year, and
       ``(ii) the sum of the number of taxable years between such 
     year and the taxable year of the distribution (counting in 
     each case the undistributed income year but not counting the 
     taxable year of the distribution).
       ``(4) Undistributed income year.--For purposes of this 
     subsection, the term `undistributed income year' means any 
     prior taxable year of the trust for which there is 
     undistributed net income, other than a taxable year during 
     all of which the beneficiary receiving the distribution was 
     not a citizen or resident of the United States.
       ``(5) Determination of undistributed net income.--
     Notwithstanding section 666, for purposes of this subsection, 
     an accumulation distribution from the trust shall be treated 
     as reducing proportionately the undistributed net income for 
     undistributed income years.
       ``(6) Periods before 1996.--Interest for the portion of the 
     period described in paragraph (2) which occurs before January 
     1, 1996, shall be determined--
       ``(A) by using an interest rate of 6 percent, and
       ``(B) without compounding until January 1, 1996.''.
       (b) Abusive Transactions.--Section 643(a) is amended by 
     inserting after paragraph (6) the following new paragraph:
       ``(7) Abusive transactions.--The Secretary shall prescribe 
     such regulations as may be necessary or appropriate to carry 
     out the purposes of this part, including regulations to 
     prevent avoidance of such purposes.''.
       (c) Treatment of Loans From Trusts.--
       (1) In general.--Section 643 (relating to definitions 
     applicable to subparts A, B, C, and D) is amended by adding 
     at the end the following new subsection:
       ``(i) Loans From Foreign Trusts.--For purposes of subparts 
     B, C, and D--
       ``(1) General rule.--Except as provided in regulations, if 
     a foreign trust makes a loan of cash or marketable securities 
     directly or indirectly to--
       ``(A) any grantor or beneficiary of such trust who is a 
     United States person, or
       ``(B) any United States person not described in 
     subparagraph (A) who is related to such grantor or 
     beneficiary,

     the amount of such loan shall be treated as a distribution by 
     such trust to such grantor or beneficiary (as the case may 
     be).
       ``(2) Definitions and special rules.--For purposes of this 
     subsection--
       ``(A) Cash.--The term `cash' includes foreign currencies 
     and cash equivalents.
       ``(B) Related person.--
       ``(i) In general.--A person is related to another person if 
     the relationship between such persons would result in a 
     disallowance of losses under section 267 or 707(b). In 
     applying section 267 for purposes of the preceding sentence, 
     section 267(c)(4) shall be applied as if the family of an 
     individual includes the spouses of the members of the family.
       ``(ii) Allocation.--If any person described in paragraph 
     (1)(B) is related to more than one person, the grantor or 
     beneficiary to whom the treatment under this subsection 
     applies shall be determined under regulations prescribed by 
     the Secretary.
       ``(C) Exclusion of tax-exempts.--The term `United States 
     person' does not include any entity exempt from tax under 
     this chapter.
       ``(D) Trust not treated as simple trust.--Any trust which 
     is treated under this subsection as making a distribution 
     shall be treated as not described in section 651.
       ``(3) Subsequent transactions regarding loan principal.--If 
     any loan is taken into account under paragraph (1), any 
     subsequent transaction between the trust and the original 
     borrower regarding the principal of the loan (by way of 
     complete or partial repayment, satisfaction, cancellation, 
     discharge, or otherwise) shall be disregarded for purposes of 
     this title.''.
       (2) Technical amendment.--Paragraph (8) of section 7872(f) 
     is amended by inserting ``, 643(i),'' before ``or 1274'' each 
     place it appears.
       (d) Effective Dates.--
       (1) Interest charge.--The amendment made by subsection (a) 
     shall apply to distributions after the date of the enactment 
     of this Act.
       (2) Abusive transactions.--The amendment made by subsection 
     (b) shall take effect on the date of the enactment of this 
     Act.
       (3) Loans from trusts.--The amendment made by subsection 
     (c) shall apply to loans of cash or marketable securities 
     made after September 19, 1995.

     SEC. 417. RESIDENCE OF TRUSTS, ETC.

       (a) Treatment as United States Person.--
       (1) In general.--Paragraph (30) of section 7701(a) is 
     amended by striking ``and'' at the end of subparagraph (C) 
     and by striking subparagraph (D) and by inserting the 
     following new subparagraphs:
       ``(D) any estate (other than a foreign estate, within the 
     meaning of paragraph (31)), and
       ``(E) any trust if--
       ``(i) a court within the United States is able to exercise 
     primary supervision over the administration of the trust, and
       ``(ii) one or more United States fiduciaries have the 
     authority to control all substantial decisions of the 
     trust.''.
       (2) Conforming amendment.--Paragraph (31) of section 
     7701(a) is amended to read as follows:
       ``(31) Foreign estate or trust.--
       ``(A) Foreign estate.--The term `foreign estate' means an 
     estate the income of which, from sources without the United 
     States which is not effectively connected with the conduct of 
     a trade or business within the United States, is not 
     includible in gross income under subtitle A.
       ``(B) Foreign trust.--The term `foreign trust' means any 
     trust other than a trust described in subparagraph (E) of 
     paragraph (30).''.
       (3) Effective date.--The amendments made by this subsection 
     shall apply--
       (A) to taxable years beginning after December 31, 1996, or
       (B) at the election of the trustee of a trust, to taxable 
     years ending after the date of the enactment of this Act.

     Such an election, once made, shall be irrevocable.
       (b) Domestic Trusts Which Become Foreign Trusts.--
       (1) In general.--Section 1491 (relating to imposition of 
     tax on transfers to avoid income tax) is amended by adding at 
     the end the following new flush sentence:

     ``If a trust which is not a foreign trust becomes a foreign 
     trust, such trust shall be treated for purposes of this 
     section as having transferred, immediately before becoming a 
     foreign trust, all of its assets to a foreign trust.''.
       (2) Effective date.--The amendment made by this subsection 
     shall take effect on the date of the enactment of this Act.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Texas [Mr. Archer] and the gentlewoman from Connecticut [Mrs. Kennelly] 
each will control 30 minutes.
  The Chair recognizes the gentleman from Texas [Mr. Archer].


                             general leave

  Mr. ARCHER. Madam Speaker, I ask unanimous consent that all Members 
may have 5 legislative days within which to revise and extend their 
remarks and include extraneous material on H.R. 3286.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Texas?
  There was no objection.
  Mr. ARCHER. Madam Speaker, I yield myself such time as I may consume.
  Madam Speaker, today we are here to consider legislation that will 
help thousands of children who are waiting to be adopted.
  In America today, there is no reason why any child should be denied a 
loving family. Unfortunately, there are almost 500,000 children 
languishing in foster care. There is little hope for many of these 
children when fewer than 1 in 10 will be available for adoption this 
year.
  There are many parents who want to adopt but can't, because they 
either don't have the money to pay the adoption fees, or because a 
Federal regulation says they will not be good parents because their 
skin color is different from the child they want to adopt.
  It's simply not right to deny a child the opportunity to grow up in a 
loving home because the child parents are not wealthy or of a different 
race.

[[Page H4781]]

  For these reasons, I encourage my colleagues to support the Adoption 
Promotion and Stability Act of 1996. This legislation will help not 
only adopting parents economically with the $5,000 tax credit, but will 
also put an end to the practice of delaying adoption, often for years, 
until States can find racially matched parents for children waiting to 
be adopted.
  The committee provision on interethnic adoption is an excellent 
complement to the tax credit in promoting adoption. Recent evidence 
shows that more than 40 States have laws, regulations, or practices 
that attempt to match adoptive children with families of the same race.
  There are two obvious problems with this practice. First, it 
discriminates against children. During this floor debate, we will show 
that black children wait for adoptive placements for at least twice as 
long as white children. Consider the statistical situation faced by 
black children today: More than two-thirds of the children waiting to 
be adopted are black but less than one-third of the families waiting to 
be adopted are black but less than one-third of the families waiting to 
adopt are black. Given these mathematical facts, it is certain that if 
our society demands that children be matched by race with adoptive 
parents, black children will continue to languish in foster care. Many 
of them will never be adopted. This is truly an American tragedy.
  The second problem with current practice is that it discriminates 
against parents whose race differs from the child they want to adopt 
because they may have to wait longer than other parents or may even by 
denied an adoption. This discrimination is especially terrible when the 
parent has served for a year or more as the child's foster parent. The 
committee has been informed of many cases, including a widely known 
case in my own State of Texas, in which foster parents who had formed a 
loving bond with a child of another race were denied the opportunity to 
adopt the child.
  I can think of no better way to sum up the justification for our 
policy on interracial adoption than by quoting Jessie Jackson. When 
asked recently on television by someone arguing that black children 
should be adopted only by black parents, Mr. Jackson simply asked his 
debating opponent: What color is love?
  Kids need love--the kind of love that can be provided only in a 
stable family setting. All other considerations must give way to the 
paramount goal of our policy--every child must live in a loving family.
  Let's make adoption easier and help find loving homes for hundreds of 
thousands of children in need.
  I can't conclude without a reminder that the $5,000 adoption tax 
credit is part of the Contract With America. Republicans remain 
committed to fulfilling the promises we made to the American people, 
one important step at a time, and I'm pleased we are being joined by 
many of our Democrat colleagues.
  Madam Speaker, there are many Members who have worked hard to bring 
this important legislation to the floor. I would particularly like to 
commend Representative Susan Molinari, the leader of our Adoption Task 
Force, for all her good work on this bill, and Chairman Jim Bunning, 
who championed this cause in the Ways and Means Committee.
  With Mother's Day just around the corner, I can think of nothing 
better than to allow thousands of women to become mothers for the first 
time by adopting needy children. Children, families, and our country 
will benefit greatly. Let's pass this important bill and make that 
promise a reality.
  Madam Speaker, finally, I wish to point out a typographical error 
that occurred in the committee report--House Report 104-542, part 2--on 
this legislation. I wish to clarify that on page 21, in the eighth line 
after the heading ``Explanation of Provision,'' the phrase ``or 
otherwise discriminate'' should not have appeared in the report, since 
this language was stricken from the text of the bill.
  Madam Speaker, I reserve the balance of my time.
  Mrs. KENNELLY. Madam Speaker, I yield myself such time as I may 
consume.
  Madam Speaker, I am delighted, as so many have said before me, to 
support this $5,000 tax credit for families adopting children. Adoption 
costs can be really a great burden to a family who wants so much to 
have that baby or that child, and this legislation before us tonight 
makes that burden lighter. As has been said, this is a very good bill, 
one we are all very, very happy to support.
  I would like to take this opportunity, Madam Speaker, to read some 
excerpts from the letter from our President of the United States, Bill 
Clinton. The President says about this bill that we are debating 
tonight:

       I strongly support the adoption tax credit in this bill. It 
     will alleviate the significant barrier to adoptions and allow 
     middle class families for whom adoption may be prohibitively 
     expensive to adopt children to love and nurture. It will 
     encourage adoption for children with special needs. It will 
     put parents seeking to build a family through adoption on a 
     more equal footing with other families. I believe that the 
     bill is consistent with the administration's policy and my 
     longstanding goal to end the historical bias against 
     interracial adoptions which too often has meant interminable 
     waits for children to be matched with parents of the same 
     race.

  I just wanted to mention, Madam Speaker, that the President has been 
consistently a supporter of this legislation and made very clear how 
pleased he is about bringing it to the floor this evening.
  I want to say though, Madam Speaker, that we have to admit that 
usually a healthy baby will be adopted, and this bill helps those 
adoptions as far as adoption expenses go. But one of the other things 
that this bill before us, this legislation, has done is to highlight 
the fact that there are also at the same time 72 percent of those 
children who are up for adoption, waiting for adoption in foster care, 
and many of these children have emotional and physical problems, or 
they have siblings and they all want to stay together and move to a new 
family together, or they are older children.
  So what happens is this bill does not help them, because many of 
these children, if in fact adopted, the State will conduct that 
adoption and they will not have the opportunity for a credit as we are 
proposing tonight.
  What I am saying, Madam Speaker, is, as the gentlewoman from Ohio 
[Ms. Pryce] said this evening so often, this is a happy bill, this is a 
good bill, marvelous legislation, a bill that we can all come together 
and support. Having done that and congratulated ourselves for having 
brought forth this very, very good piece of legislation, I think we 
should also take this opportunity to commit ourselves to looking at 
those children who are waiting for adoption in foster homes, who are 
looking for families desperately to take them in and to love them, and 
that we all, as we bring this bill forward, commit ourselves to 
remembering those children, not just end tonight by passing this 
legislation, but to continue to work toward making it possible for 
these children to move to adoptive homes or in fact, as one of the 
speakers said tonight, make it easier and more possible for the loving 
foster care family to in fact adopt the children themselves.
  Madam Speaker, I reserve the balance of my time.
  Mr. ARCHER. Madam speaker, I yield myself such time as I may consume 
in order to enter into a colloquy with the gentleman from Maryland [Mr. 
Cardin].
  Mr. CARDIN. Madam Speaker, will the gentleman yield?
  Mr. ARCHER. I yield to the gentleman from Maryland.
  Mr. CARDIN. Madam Speaker, I appreciate the chairman yielding.
  Madam Speaker, I rise in support of the $5,000 adoption credit. I 
would also like to engage the chairman in a colloquy about the 
definition of qualified adoption expenses under this legislation.
  The legislation provides that qualified adoption expenses are 
reasonable and necessary adoption fees, court costs, attorneys fees, 
and other expenses that are directly related to the legal adoption of 
an eligible child. Is it your understanding that the legislation that 
qualified adoption expenses includes any reasonable and necessary 
expenses required by the State where the expenses occur as a condition 
of the adoption?
  Mr. ARCHER. Yes, the gentleman is correct. The credit would be 
available

[[Page H4782]]

for all reasonable and necessary expenses required by a State as a 
condition of the adoption. By way of example, expenses could include 
the cost of construction, renovations, alterations, or purchases 
specifically required by the State to meet the needs of a child as a 
condition of the adoption.
  Mr. CARDIN. I thank the gentleman.
  Mr. ARCHER. Madam Speaker, I ask unanimous consent that I may yield 
the remainder of my time to the gentleman from Kentucky [Mr. Bunning] 
the chairman of the Subcommittee on Social Security, and that he be 
allowed to allocate that time.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Texas?
  There was no objection.
  Mr. BUNNING of Kentucky. Madam Speaker, I yield myself such time as I 
may consume.
  Madam Speaker, I rise in heartfelt support for this bill. Passing it 
today is the least we can do to help save some of the half million kids 
who are stranded in foster care.
  When it comes to matters involving family, I usually hold fast to the 
position that Government should butt out and mind its own business. 
But, making adoption simpler and more affordable is one instance in 
which the Government can, and should, step in to make a difference.
  I was pleased to see last weekend that the President endorsed our 
bill. Even though he twice vetoed transracial adoption reform as part 
of our welfare bill, and even though he previously sank the adoption 
tax credit when he vetoed the balanced budget bill, we welcome him to 
the fight.
  Better late than never.
  Last year when Congress was working on welfare reform, the President 
called me about transracial adoption and offered to help any way he 
could. I sincerely appreciated that, but, he could have really helped 
by not vetoing welfare reform.
  By signing this bill, the President can still make a difference for 
kids who are stranded in foster care.
  Better late then never.
  Back in 1987 I know that Arkansas enacted a law that required race to 
be used in making adoptions. Section 9-9-102 of the Arkansas Code says 
that in placing a child of minority heritage, if the child cannot be 
placed with relatives, the court shall give preference to ``a family 
with the same racial or ethnic heritage as the child * * *.''
  Now which Bill Clinton should we believe?
  So I'm more than a little bit skeptical about the President's 
endorsement of our bill. But I have read his letter of support, and I 
am glad to see that he has converted.
  Better late than never.
  Madam Speaker, I think that many Members are aware that two of my 
daughters have adopted children of different races. I can personally 
attest to obstacles that they faced before bringing these children into 
our family.
  These kids were lucky. They ran the gauntlet. Today they are not 
languishing in foster care, and our family is more blessed because of 
it.
  For these two children, it was better late than never.
  But, Madam Speaker, unless we pass this bill today, tens of thousands 
of kids will not escape the twilight of foster care. They will continue 
to suffer from discrimination, victims of race-matching.
  Unless we pass this bill, their day will never come.
  For them we won't even be able to say better late than never. It will 
always just be never.
  The color of a child's skin should not be an impediment to adoption, 
and it's wrong that this is used to deny children the embrace of a 
loving home.
  I urgently ask my colleagues for their vote on H.R. 3286.
  Madam Speaker, I include for the Record chapter 9 of the Arkansas 
Code of 1987:

  9-9-102. Consideration of Child's Minority Race or Ethnic Heritage--
                          Religious Preference

       (a) In all custodial placements by the Department of Human 
     Services in foster care or investigations conducted pursuant 
     to court order under Sec. 9-9-212, due consideration shall be 
     given to the child's minority race or minority ethnic 
     heritage.
       (b) In the placement or adoption of a child of minority 
     racial or minority ethnic heritage, in reviewing the 
     placement, the court shall consider preference, and in 
     determining appropriate placement, the court shall give 
     preference, in the absence of good cause to the contrary, to:
       (1) A relative or relatives of the child, or, if that would 
     be detrimental to the child or a relative is not available;
       (2) A family with the same racial or ethnic heritage as the 
     child, or, if that is not feasible;
       (3) A family of different racial or ethnic heritage from 
     the child, which family is knowledgeable and appreciative of 
     the child's racial or ethnic heritage.
       (c) If the child's genetic parent or parents express a 
     preference for placing the child in a foster home or an 
     adoptive home of the same or a similar religious background 
     to that of the genetic parent or parents, in following the 
     preferences in subdivisions (b)(1) or (2) of this section, 
     the court shall place the child with a family that also meets 
     the genetic parent's religious preference. Only if no family 
     is available as described in subdivisions (b)(1) or (2) of 
     this section may the court give preference to a family 
     described in subdivision (b)(3) of this section that meets 
     the parent's religious preference.

                              {time}  2145

  Madam Speaker, I reserve the balance of my time.
  Mrs. KENNELLY. Madam Speaker, I yield such time as he may consume to 
the gentleman from Maryland [Mr. Cardin].
  Mr. CARDIN. Madam Speaker, the gentlewoman from Connecticut [Mrs. 
Kennelly] has been one of the real champions in reforming our foster 
care system and encouraging more adoptions.
  Let me point out, I think people who have been watching this evening 
will see that there is bipartisan cooperation tonight in moving 
legislation that is very important to American families. This bill is 
supported by both the Democrats and Republicans, and I wish we could do 
that more on the floor of this House and get this type of working 
relationship where we can produce legislation that is very important to 
the American family.
  This bill and the central part of this bill is to remove an 
impediment to being adopted from many children who are in foster care, 
and that impediment is a financial burden. It is very costly in our 
system to adopt children. Many parents are not able to do that because 
of the costs. So the central part of this bill is to remove that 
financial burden, to reduce it significantly on the outset, to make it 
possible for more children to be adopted.
   Madam Speaker, I want to point out another feature of the bill, and 
that is special needs adoptions which are much more difficult children 
to place, that have disabilities, that are older, and it is more 
difficult to place these children in permanent adoption circumstances. 
This bill recognizes that and provides additional incentives for 
special needs adoption.
  So this legislation has been, I think, worked on in the right way in 
our committee, in the Committee on Ways and Means, with input from many 
different groups. It is an important bill, the central feature of which 
I think will very much help to find more homes for children who are 
currently in foster care. I urge my colleagues to support this 
legislation.
  Mr. BUNNING of Kentucky. Madam Speaker, I reserve the balance of my 
time.
  Mrs. KENNELLY. Madam Speaker, I yield myself such time as I may 
consume.
  Madam Speaker, I just want to set the record straight on something. I 
began my remarks by mentioning that the President of the United States 
had endorsed this bill, and it was mentioned that maybe he had come a 
little late to the party. That is far from true.
  I would like to make it known, and I think it is obviously already 
part of the Record but I would like to say it tonight, that this 
administration, Mr. Clinton's administration, has worked hard to 
promote adoption in general and adoption of children with special needs 
in particular.
  First of all, when the President became President, he first 
championed the Family and Medical Leave Act which enables parents to 
take time off to adopt a child without losing their job or their health 
insurance. We all, well, many of us strongly supported that.
  The administration then supported the Multi-Ethnic Placement Act to 
help increase the number of adoptions by prohibiting discriminations 
based on ethnicity. We remain committed to that and enforcing the law 
that is about to become law before us tonight.

[[Page H4783]]

  I also would like to remind Members this evening that as part of our 
1993 deficit reduction package, a provision was signed into law that 
requires ERISA plans to provide the same health care coverage for 
adopted children as for biological children of plan participants.
  This administration has worked for Federal support for adoption of 
children with special needs, and increased by 60 percent the number of 
children with special needs who have been adopted with Federal 
assistance.
  So, Madam Speaker, I just really want to mention that the 
administration, the Clinton administration, has been here from the 
moment that Mr. Clinton became President of the United States.
  I also want to take up one other issue, Madam Speaker, and that is my 
concern about one of the revenue raisers in this legislation. This bill 
would fully tax the subsidies provided by utility companies to 
businesses taking steps to conserve energy.
  I am familiar with the legislation that is being eliminated by this 
bill because I happen to have been the author of it and worked on it 
for some years, and I was astonished that during a time when we 
are talking about the rising costs of energy, I do not think it makes 
sense to eliminate incentives to promote energy conservation.

  The President, in this letter that I have been referring to, did 
mention that he was concerned about the same thing, and he suggested 
that he would be more than willing to work with the conferees on this 
bill as they eventually are appointed to see if another revenue raiser 
could be found instead of this one. It was really very encouraging for 
conservation.
  Madam Speaker, I would like to end by saying that Democrats, 
Republicans, anyone agrees that finding loving homes for needy children 
is a goal that government should take every opportunity to pursue, and 
in this regard, this bill does this tonight. I think everyone who has 
been involved in this legislation is very pleased it is on the floor 
tonight and that many more children will find loving homes.
  Madam Speaker, I reserve the balance of my time.
  Mr. BUNNING of Kentucky. Madam Speaker, I yield 3 minutes to the 
gentleman from Alaska [Mr. Young].
  (Mr. YOUNG of Alaska asked and was given permission to revise and 
extend his remarks.)
  Mr. YOUNG of Alaska. Madam Speaker, H.R. 3286 is intended to promote 
family values, avoid prolonged unnecessary litigation in adoptions and 
to get away from race-based tests in child placement decisions. I 
support families, but title III of the bill is antiIndian family 
legislation and fails to accomplish all three of these goals.
  When the Resources Committee considered H.R. 3286, it voted on a 
bipartisan basis to strike title III of the bill because it fails to 
put an end to prolonged litigation over Indian child adoptions, will 
create new impediments to protect abused and neglected Indian children, 
and raises constitutional issues.
  The Indian Child Welfare Act [ICWA] was enacted in 1978 to address a 
long-standing problem unique to Indian children. At the time, at least 
25 percent of all Indian children were either in foster homes, adoptive 
homes, or boarding schools. Private and public welfare agencies were 
removing Indian children from their homes at unprecedented rates. And 
in many cases, where removal was warranted, agencies were ignoring 
available homes in Native communities. Many of these Indian children 
have grandparents, aunts and uncles who are willing and able to provide 
good homes, but were denied placement because they didn't know the 
children were in need of placement. As a result, Indian children were 
being removed from their tribal communities in a process the Chairman 
of the Select Committee on Indian Affairs called cultural genocide.
  In my own region of interior Alaska, 80 percent of all Athabascan 
Indian children removed from their homes were placed in nonrelative/
nonNative placements. Generally, the children came from remote villages 
and were placed in strange urban settings. While that rate has dropped 
to 40 percent today, still half of the children who were being removed 
from their tribal communities had been placed in homes outside the 
familiar environment of their villages and extended families.
  It is difficult for me to explain the shock these children experience 
when they are uprooted from their villages and families and thrust into 
these unfamiliar surroundings. These children already suffer the 
heartache of separation from their families, and the difficulties which 
cause that breakup. ICWA remedies this situation and my message is that 
ICWA works to keep families together, and that is something that is 
worth saving.
  I hear the concerns of the bill's sponsor over prolonged litigation 
which ties up some adoptions. But ICWA is not the problem. Many of you 
have heard of the Rost case. It is a tragic case. But it was caused by 
an attorney who tried to cover up the natural parents' tribal 
membership and purposefully avoided checking with the grandparents and 
extended family of the children to see if the family was available to 
adopt these children. The attorney in this case is now being sued for 
malpractice by the natural parents, the adoptive parents, and the 
Tribe. Unfortunately he inflicted untold sorrow on the Rosts, the 
grandparents of the children, and, ultimately, on the children 
themselves, as their fate remains in the courts.
  Title III will actually compound the litigation problem. The proposed 
amendments would exempt from ICWA protection Indian children whose 
parents do not have social, cultural, and political ties to their 
tribe. This will have two disastrous affects. First, State courts will 
now have to hold hearings on whether an Indian child's parents have 
social, cultural or political ties to their tribe. The only people to 
benefit from this will be attorneys as they haggle over conflicting 
facts, trying to apply a vague subjective test, while the children 
languish in limbo.
  Second, the amendments don't just apply to adoptions. ICWA is not the 
Indian Child Adoption Act; it also applies to custody proceedings for 
child abuse and neglect cases. Under ICWA, tribes often intervene in 
these cases to protect abused and neglected Indian children.

  For example, the tribes in my region of Alaska intervened in New York 
to seek the return of an Indian child under ICWA. His mother was a 
heroin addict who died of AIDS, and the child was later abused in 
foster care. Today, that child is living with his extended family in a 
Yukon River village, far from the ravages of social decay which took 
his mother's life. In another case, an interior Yukon River village 
intervened in North Carolina to rescue a young girl who was adopted out 
to a family who sexually abused her, drove her into a mental hospital 
and then tried to adopt her baby to repeat the cycle. In a third case, 
another interior Athabascan tribe intervened in a Nevada case involving 
a 7-month old baby, who was physically abused by its drug-addicted non-
Native mother. The baby languished in a Nevada receiving home with 20 
other infants until the father's tribe was able to return the baby to 
Alaska. today, the child is with tribally licensed nonNative foster 
parents, who are specially trained to deal with drug-affected children, 
and live near the extended family's village.
  The rescue of these children could not occur without ICWA, and under 
the proposed title III could not occur again, because in each case, the 
parents of the children had severed their ties to the tribes. In each 
case, however, the only hope that these children had for rescue was 
their tribe.
  I am sure that, if enacted, title III will ultimately make one or 
more Indian children available for adoption. However, far more abused 
and neglected Indian children will needlessly languish in foster care, 
or worse yet, not receive needed child protection services while State 
courts determine whether ICWA will apply and protect an innocent abused 
or neglected child. This may be unintended harm, but it is harm all the 
same.
  Finally, title III raises constitutional problems which were 
addressed in the original ICWA. In 1977, the Justice Department 
commented that early drafts of ICWA employed race-based tests for 
Indian status. Courts have generally held that distinctions based 
solely on race are constitutionally impermissible. However, courts have 
also held that distinctions based on tribal membership are based on the 
sovereign political status of Indian tribes who

[[Page H4784]]

enjoy a government to government relationship with the Federal and 
State governments. The distinctions within ICWA are constitutionally 
permissible to the extent that they rely upon tribal membership or the 
eligibility for tribal membership. Distinctions which rely solely upon 
Indian descent and social and cultural ties to an Indian community are 
constitutionally suspect as a racially based test. Title III employs 
this latter category of tests, and may be constitutionally defective 
and are inconsistent with the other portions of the bill.
  Finally, title III of H.R. 3286 is one more example of the Federal 
Government imposing its arbitrary will on our families without taking 
any input or advise from the people most directly affected by the 
decision. This bill is a response to lawyers and lobbyists from the 
adoption industry which have caused the problem. I have heard from 
countless tribes in the last 2 weeks, and not a single one has 
supported this measure. And neither does the Attorney General of the 
State of Nevada. We should listen to their message.
  Therefore, I ask the Members of the House to support my amendment to 
strike title III. Title III may be well intended, but it will hurt 
children the rest of this bill is trying to help.
  Mr. BUNNING of Kentucky. Madam Speaker, I yield 3 minutes to the 
gentleman from New York [Mr. Solomon].
  Mr. SOLOMON. Madam Speaker, if I could just say to the gentleman from 
Alaska, my good friend, and he is one of my closest friends here 
because he and I fight the battle of property rights time and time and 
time again, and I just want to tell the gentleman how much I really 
respect him, but I would just say to him that we do not want to disrupt 
the 1978 legislation that the gentleman was so instrumental in passing. 
It was a good piece of legislation.
  The problem is that there have been problems that have arisen since 
then. The gentleman has just spoken of several of them. All that we 
want to do is try to improve the bill just a little bit to keep these 
terrible situations from occurring.
  I just have to say this, because my friend is so good as the chairman 
of that committee, but the gentleman will always have a parochial 
interest. We ran into that in the Committee on Agriculture where those 
that serve on the Committee on Agriculture could never bring themselves 
to bring about the end of subsidies for farmers in the agricultural 
industry. The gentleman is in the same boat.
   Madam Speaker, I understand that. But the truth of the matter is, if 
we do not pass this legislation today, the status quo will remain for 
another 2, 3, 4, 5 years, because the gentleman knows he will never be 
able to get the legislation out of his committee. That is 
understandable. If I were on the committee and had the same parochial 
interests, I could not vote for it either.
  So it is the question of doing it now. Let us improve it a little 
bit. I have the deepest respect for the gentleman from Alaska. He is 
one tremendous fighter, and he is out here fighting for his State and 
for his interests.
  Mr. YOUNG of Alaska. Madam Speaker, will the gentleman yield?
  Mr. SOLOMON. I yield to the gentleman from Alaska.
  Mr. YOUNG of Alaska. Madam Speaker, I understand that. The gentleman 
should keep in mind, although I will admit there have been mistakes by 
ICWA, this goes far beyond, as I have talked to the gentleman and the 
other Members, it goes far beyond just ICWA. This goes into the concept 
of the constitutionality of our responsibility to the American Indian 
tribes, and it is our responsibility.

                              {time}  2200

  When you transfer it to the State courts to make the decisions, then 
I think, very frankly, you have gone too far. I suggested that to you.
  I will argue that case tomorrow before the amendment because what you 
have done is exceed ICWA. It gets into the whole concept of sovereignty 
and the constitutional role of the Congress to the American Indian 
tribes.
  If you would strike that provision out of the bill, I would be much 
more sympathetic to what you are trying to do.
  Mr. SOLOMON. Reclaiming my time, Madam Speaker, let me say that once 
the child has left the reservation, once they are then out into the 
rest of the United States, that is the problem we are dealing with, 
where a child has been given up by 2 parents, whether married or not, 
to an adoptive family. Then they are off the reservation. Those are the 
problems we need to deal with. It is not fair to years later take these 
children away. That is what happens.
  Mr. YOUNG of Alaska. Madam Speaker, if the gentleman will continue to 
yield, I will agree with the gentleman. But that can be rectified by 
taking away the authority of the State court making the decision who is 
an Indian, who is not an Indian. That is the objection I have most of 
all.
  Mrs. KENNELLY. Madam Speaker, I reserve the balance of my time.
  Mr. BUNNING of Kentucky. Madam Speaker, I yield 5 minutes to the 
gentlewoman from Connecticut [Mrs. Johnson].
  Mrs. JOHNSON of Connecticut. Madam Speaker, the gentleman from Texas, 
Mr. Pete Geren, has raised a very important issue in regard to adoption 
in recent weeks. While he is unable to be here tonight, he and I share 
great concern about current IRS procedures which result in unnecessary 
financial burdens on adopting families by making it difficult to claim 
a dependent deduction for Federal income tax purposes for a newly 
adopted child in a timely manner.
  It is my understanding that the Internal Revenue Service has assured 
us, Mr. Geren and I, that it is committed to working with the Committee 
on Ways and Means and with my oversight subcommittee and with Mr. Geren 
to develop as soon as possible an administrative solution that 
minimizes these burdens on adoptive parents while balancing processing 
and potential compliance considerations.
  During our markup on H.R. 3286 in the Committee on Ways and Means, 
Treasury Assistant Secretary Samuels said that both the IRS and 
Treasury will work with our committee to develop appropriate 
administrative solutions. I appreciate Mr. Geren's leadership on this 
matter and the IRS's willingness to give this problem the immediate and 
serious attention it deserves.
  I would like to include for the Record a letter sent to the gentleman 
from Texas, Mr. Pete Geren, by the Internal Revenue Service stating 
their intent to solve this problem and any additional remarks he would 
like to make thereto.

                                       Department of the Treasury,


                                     Internal Revenue Service,

                                      Washington, DC, May 9, 1996.
     Congressman Pete Geren,
     House of Representatives,
     Washington, DC.
       Dear Congressman Geren: Jim Feroli of your office asked me 
     to address the issues you raised regarding the difficulties 
     that some adopting parents face in obtaining a Social 
     Security Number (``SSN'') for their adoptive child and thus 
     timely claiming the dependency exemption on their federal 
     income tax return. I understand that this situation occurs in 
     both foreign and domestic adoptions where the parents satisfy 
     all of the dependency support requirements of section 152 of 
     the Code but the adoption is not yet final.
       Treasury and the IRS are currently looking into the SSN 
     difficulties faced by such adopting parents. As you may be 
     aware, Treasury Assistant Secretary Samuels told the House 
     Ways and Means Committee last week at the Adoption Credit 
     Bill mark-up that both IRS and Treasury will work with the 
     Committee to develop any appropriate administrative solutions 
     to minimize the burdens on adoptive parents while balancing 
     IRS returns processing and potential compliance 
     considerations. Nonetheless, I thought it would be helpful to 
     explain to you our current understanding of the SSN issue.
       With regard to foreign adoptions, the Social Security 
     Administration (``SSA'') told me that they will issue an SSN 
     to adopting parents upon receipt of the Immigration and 
     Naturalization Service (``INS'') documentation required to 
     legally bring a foreign child into the United States. If the 
     adopting parents satisfy the support requirements for their 
     adoptive child but the child does not yet qualify for an SSN 
     (e.g., the parents do not have the appropriate INS 
     documentation), the adopting parents will soon be able to 
     obtain an Individual Taxpayer Identification Number 
     (``ITIN'') to claim the dependency exemption for the foreign 
     adoptive child. ITINs are a new taxpayer numbering system 
     that the IRS expects to implement by July 1996 for non-
     resident aliens unable to obtain SSNs. Individuals eligible 
     to receive an SSN may not receive an ITIN.
       With regard to domestic adoptions, the situation is more 
     complex because an adoptive child may have an SSN as a result 
     of actions taken by the child's birth parents, the state or 
     an adoption agency. We are currently trying to assess when 
     such SSNs are available

[[Page H4785]]

     to the adopting parents and when they are not available 
     because of the privacy concerns of either the birth parents 
     or the adopting parents. We also understand from the SSA that 
     they will issue an SSN for a child to a state or an adoption 
     agency which is acting on behalf of the adopting parents, but 
     we have yet to confirm how often SSNs are issued in such 
     situations. We are thus currently assessing different 
     possibilities to resolve the potential problems adopting 
     parents have in the domestic context, and we will certainly 
     keep you informed of our progress.
       I hope you find this information helpful. Please call me if 
     you have any questions.
           Sincerely,
                                                  John M. Staples,
                                    Assistant to the Commissioner.

  Further, Madam Speaker, I would like to tell a small story. In the 
fall of 1954, Bertha and Harry Holt, Oregon farmer, attended a 
missionary conference in which they learned about the plight of Korea's 
war orphans, especially those that had been fathered by American GI's. 
The Holts, who already had 6 adolescent and young adult children, were 
so moved by what they saw and heard that they decided to start sending 
money to Korea to meet the needs of as many children as they could. 
Over the months, they felt the tug of the plight of those children and 
decided to adopt several biracial GI babies. In fact, they decided to 
adopt not two or three but eight children.
  At the time immigration law only allowed Americans to adopt two 
children from overseas. So a special bill was needed. Though Senator 
Neuberger introduced it promptly, no action was taken by the wee hours 
of the closing night of that session.
  All seemed lost, when Senate passage happened. And in the House 
Representative Green had been promised the bill would be called up for 
action as soon as it won Senate approval. But that Saturday morning, 
the clerks could not find the bill and its accompanying report 
anywhere.
  Mrs. Green started digging. And with the help of Speaker Sam Rayburn, 
they dug through the stacks of bills and reports that were flooding in 
from the Senate and finally, late in the afternoon, she found the bill. 
And before sundown it was passed and sent to the White House.
  Several years later, haunted by the memory of the children who had 
been left behind, the Holts established an orphanage in Korea. From 
that humble beginning, the great tradition of intercountry adoption was 
established. As important as the tax credit provided by this bill is 
the provision related to transracial adoption, Madam Speaker, Harry 
Holt would be horrified to learn that American children languish in 
foster care in America today because they are of a different race than 
waiting parents. Rev. Jesse Jackson asked the critical question about 
transracial adoption, the question we should ask ours today: What is 
the color of love? Indeed, Madam Speaker, what is the color of love?
  I want to commend my colleague, the gentleman from Kentucky [Mr. 
Bunning], the gentlewoman from New York [Ms. Molinari], and the 
gentlewoman from Ohio [Ms. Pryce] for their leadership in fashioning 
this legislation, and I urge my colleagues to support its passage.
  Mrs. KENNELLY. Madam Speaker, I yield myself the balance of my time.
  Madam Speaker, I rise today in support of providing a $5,000 tax 
credit for families adopting children. The cost of adopting an infant 
can exceed $15,000 when you add up the legal fees, court costs, and 
charges assessed by adoption agencies. This is a heavy burden to bear 
for middle-income Americans who want to start a family.
  However, we should be honest and say that healthy babies will be 
adopted with or without a tax credit. The children who are really 
waiting to be adopted are those with special needs, usually meaning 
they are older, or have emotional or physical problems, or represent a 
minority. Special needs children represent 72 percent of foster care 
children who are awaiting permanent adoption. Most of the benefits in 
the bill before us would not go to families adopting these children 
because their adoptions are conducted by the States, meaning there are 
few costs for which to claim a tax deduction.
  I also want to express my concern about one of the revenue raisers in 
this legislation. The bill would fully tax the subsidies provided by 
utilities companies to businesses taking steps to conserve energy. 
During a time when we are all talking about the rising cost of energy, 
I don't think it makes sense to eliminate incentives to promote energy 
conservation. I understand the Clinton administration has offered to 
work with Congress to find a different revenue offset to pay for the 
bill, and I hope the majority will take the President up on that offer.
  Madam Speaker, Democrats and Republicans agree that finding loving 
homes for needy children is a goal the Government should take every 
opportunity to pursue. In this regard, the bill before us is not 
perfect, but we should not allow the perfect to become the enemy of the 
good. I urge my colleagues to support this legislation to help promote 
adoption.
   Madam Speaker, I include for the Record the following 
correspondence:

                                              The White House,

                                          Washington, May 6, 1996.
       Dear Mr. Speaker: I am writing to express my strong support 
     for The Adoption Promotion and Stability Act of 1996. Today, 
     families seeking to adopt children face significant barriers, 
     including high adoption costs, complex regulations, and 
     outdated assumptions. I am committed to breaking down these 
     barriers and making adoption easier. Promoting adoption is 
     one of the most important things we can do to strengthen 
     American families and give more children what every child in 
     America deserves--loving parents and a healthy home. This 
     legislation will help children in need of adoptive homes to 
     be united with devoted parents.
       This Administration worked hard to promote adoption in 
     general, and adoption of children with special needs in 
     particular. It championed the Family and Medical Leave Act 
     which enables parents to take time off to adopt a child 
     without losing their jobs or their health insurance. We 
     strongly supported the Multi-Ethnic Placement Act to help 
     increase the number of adoptions by prohibiting 
     discrimination based on race or ethnicity, and we remain 
     committed to enforcing that law vigorously. As part of our 
     1993 deficit reduction package, I signed into law a provision 
     that requires ERISA plans to provide the same health coverage 
     for adopted children as for biological children of plan 
     participants. We have worked to preserve Federal support for 
     adoption of children with special needs, and increased by 60 
     percent the number of children with special needs who have 
     been adopted with Federal adoption assistance.
       But together we can and must do more. I strongly support 
     the adoption tax credit in this bill. It will alleviate a 
     significant barrier to adoption and allow middle class 
     families, for whom adoption may be prohibitively expensive, 
     to adopt children to love and nurture. It will encourage 
     adoption of children with special needs. It will put parents 
     seeking to build a family through adoption on a more equal 
     footing with other families.
       I believe that the bill is consistent with the 
     Administration's policy and my longstanding goal to end the 
     historical bias against interracial adoptions, which too 
     often has meant interminable waits for children to be matched 
     with parents of the same race. The Administration also has 
     some concerns regarding some of the provisions used to offset 
     the cost of the bill and would like to work with the Congress 
     on these provisions. In addition, we need to ensure that 
     unnecessary provisions are not included in the legislation.
       The Adoption Promotion and Stability Act is an important 
     first step toward meeting the challenge of removing barriers 
     to adoption. I look forward to working with you so that the 
     dreams of the waiting children in this country to have 
     permanent homes and loving families can become a reality.
           Sincerely,
                                                     Bill Clinton.
  Madam Speaker, I yield back the balance of my time.
  Mr. BUNNING of Kentucky. Madam Speaker, I yield myself the balance of 
my time, just to close, because we do not have anyone else to speak on 
behalf of our side.
  I would like to congratulate the gentlewoman from New York, Ms. 
Molinari, the gentlewoman from Ohio, Ms. Pryce, and all others who have 
participated in the Committee on Ways and Means, who participated in 
the transracial adoption portion of this bill and congratulate them for 
their very fine work in bringing this to the floor.
  This is a happy day that we are doing this. This will advance 
bipartisan support for adoption, for adoption tax credits, for adoption 
of racial barriers to go down, in other words, that there be no racial 
barriers in adoption. I am very pleased to support this legislation.
  Madam Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore (Mrs. Morella). Pursuant to the order of the 
House of today, further consideration of the bill will be postponed 
until tomorrow.

[[Page H4786]]



                             SPECIAL ORDERS

  The SPEAKER pro tempore. (Mr. Taylor of North Carolina). Under the 
Speaker's announced policy of May 12, 1995, and under a previous order 
of the House, the Following Members will be recognized for 5 minutes 
each.

                          ____________________