[Congressional Record Volume 155, Number 174 (Saturday, November 21, 2009)]
[Senate]
[Pages S11972-S11973]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. BUNNING (for himself, Mr. Nelson of Nebraska, Mr. 
        Brownback, Mr. Burr, Mr. Casey, Mr. Chambliss, Ms. Collins, Mr. 
        Enzi, Mr. Inhofe, Mr. Isakson, Mr. Johnson, Mr. Roberts, Mr. 
        Thune, and Mr. Vitter.
  S. 2816. A bill to repeal the sunset of the Economic Growth and Tax 
Relief Reconciliation Act of 2001 with respect to the expansion of the 
adoption credit and adoption assistance programs and to allow the 
adoption credit to be claimed in the year expenses are incurred, 
regardless of when the adoption becomes final; to the Committee on 
Finance.
  Mr. BUNNING. Mr. President, today is National Adoption Day, and there 
could be no more fitting day to introduce legislation that will help 
American families achieve their dream of adopting a child.
  For too many families, the high cost of adoption makes this dream 
difficult and sometimes impossible to reach. That is why Congress acted 
in 2001 to strengthen the adoption tax credit and make welcoming a 
child into a family more affordable. Unfortunately, this important tax 
relief will expire at the end of next year.
  The legislation I am introducing today with Senator Ben Nelson, the 
Adoption Tax Relief Guarantee Act, will permanently extend and improve 
the 2001 adoption incentives. By easing this financial burden, we will 
encourage the development of more stable families and provide a 
brighter future for countless children for years to come.
  The Adoption Tax Relief Guarantee Act will allow adoptive families to 
receive a tax credit of up to $10,000 and guarantees the maximum 
$10,000 credit for families who adopt children with special needs. This 
legislation will help middle-income families break the financial 
barriers and successfully adopt a child, especially those children with 
special needs who are in particular need of a loving home. In addition, 
this bill will allow families to receive the credit in the year an 
adoption expense is paid or incurred. Currently, those who adopt a 
child must wait until the following taxable year before receiving a tax 
credit for an adoption expense. This important change will expedite 
financial relief, putting money back into the pockets of middle-income 
families who struggle through the lengthy and costly adoption process.
  I am pleased that Senators from both sides of the aisle have 
cosponsored this legislation, and that it has received endorsements 
from the National Council for Adoption and RESOLVE: the National 
Infertility Association, the National Council for Adoption, and the 
American Academy of Adoption Attorneys. The adoption tax credit and 
assistance programs have already helped countless children and families 
by making adoption more affordable. We owe it to future generations of 
children in need to make these provisions permanent.
  Our entire society benefits when children are placed with loving, 
permanent families. I urge my colleagues to support critical 
legislation.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 2816

       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 Tax Relief 
     Guarantee Act''.

     SEC. 2. REPEAL OF APPLICABILITY OF SUNSET OF THE ECONOMIC 
                   GROWTH AND TAX RELIEF RECONCILIATION ACT OF 
                   2001 WITH RESPECT TO ADOPTION CREDIT AND 
                   ADOPTION ASSISTANCE PROGRAMS.

       Section 901 of the Economic Growth and Tax Relief 
     Reconciliation Act of 2001 is amended by adding at the end 
     the following new subsection:
       ``(c) Exception.--Subsection (a) shall not apply to the 
     amendments made by section

[[Page S11973]]

     202 (relating to expansion of adoption credit and adoption 
     assistance programs).''.

     SEC. 3. ALLOWANCE OF ADOPTION CREDIT IN YEAR OF EXPENSES.

       (a) In General.--Paragraph (2) of section 23(a) of the 
     Internal Revenue Code of 1986 (relating to allowance of 
     credit) is amended to read as follows:
       ``(2) Year credit allowed.--The credit under paragraph (1) 
     with respect to any expense shall be allowed for the taxable 
     year in which such expense is paid or incurred.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to expenses paid or incurred in taxable years 
     beginning after December 31, 2010.

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