[House Report 105-82]
[From the U.S. Government Publishing Office]



105th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 1st Session                                                     105-82
_______________________________________________________________________


 
PROVIDING FOR THE CONSIDERATION OF H.R. 867, THE ADOPTION PROMOTION ACT 
                                OF 1997

                                _______
                                

   April 29, 1997.--Referred to the House Calendar and ordered to be 
                                printed

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Ms. Pryce of Ohio, from the Committee on Rules, submitted the following

                              R E P O R T

                       [To accompany H. Res. 134]

    The Committee on Rules, having had under consideration 
House Resolution 134, by a non-record vote, report the same to 
the House with the recommendation that the resolution be 
adopted.

               brief summary of provisions of resolution

    The resolution provides for the consideration of H.R. 867, 
the ``Adoption Promotion Act of 1997'' under an open rule. The 
rule provides one hour of general debate divided equally 
between the chairman and ranking minority member of the 
Committee on Ways and Means.
    The rule waives points of order against consideration of 
the bill for failure to comply with clause 2(l)(6) of rule XI 
(3 day availability of committee reports), and sections 303(a) 
and 308(a) of the Congressional Budget Act of 1974 (prohibiting 
consideration of budgetary legislation prior to the adoption of 
the budget resolution and requiring a CBO cost estimate in the 
committee report on legislation containing new budget 
authority, new spending authority, new credit authority, or a 
change in revenues, respectively).
    The rule makes in order the Committee on Ways and Means 
amendment in the nature of a substitute as an original bill for 
purpose of amendment, modified as specified in this report. The 
rule also provides that each section of the committee amendment 
in the nature of a substitute, as modified, shall be considered 
as read.
    The rule also waives points of order for failure to comply 
with clause 7 of rule XVI (germaneness) and sections 303(a) and 
306 (prohibits consideration of legislation within Budget 
Committee's jurisdiction unless reported by the Budget 
Committee) of the Congressional Budget Act of 1974 against the 
committee amendment in the nature of a substitute.
    Members who have pre-printed their amendments in the Record 
prior to their consideration will be given priority in 
recognition to offer their amendments if otherwise consistent 
with House rules. Finally, the rule provides for one motion to 
recommit, with or without instructions.
    Amendment to be considered as adopted offered by 
Representative Camp of Michigan, Representative Kennelly of 
Connecticut, and Representative Shaw of Florida:
    In section 4, insert ``(a) In General.--'' before ``Part 
E''.
    Strike subsection (a) of section 473A of the Social 
Security Act, as proposed to be added by section 4 of the bill, 
and insert the following:
    ``(a) Grant Authority.--Subject to the availability of such 
amounts as may be provided in appropriations Acts, the 
Secretary shall make a grant to each State that is an 
incentive-eligible State for a fiscal year in an amount equal 
to the adoption incentive payment payable to the State for the 
fiscal year under this section, which shall be payable in the 
immediately succeeding fiscal year.''
    In subsection (d)(2) of section 473A of the Social Security 
Act, as proposed to be added by section 4 of the bill, strike 
``the amount then available for grants under this section'' 
each place such term appears and insert ``$15,000,000''.
    Strike subsection (h) of section 473A of the Social 
Security Act, as proposed to be added by section 4 of the bill, 
and insert the following:
    ``(h) Limitations on Authorization of Appropriations.--
          ``(1) In general.--For grants under this section, 
        there are authorized to be appropriated to the 
        Secretary $15,000,000 for each of fiscal years 1999 
        through 2003.
          ``(2) Availability.--Amounts appropriated under 
        paragraph (1) are authorized to remain available until 
        expended, but not after fiscal year 2003.''.
    At the end of section 4, add the following:
    (b) Discretionary Cap Adjustment for Adoption Incentive 
Payments.--
          (1) Section 251 amendment.--Section 251(b)(2) of the 
        Balanced Budget and Emergency Deficit Control Act of 
        1985 is amended by adding at the end the following new 
        subparagraph:
                  ``(I) Adoption incentive payments.--Whenever 
                a bill or joint resolution making 
                appropriations for fiscal year 1999, 2000, 
                2001, or 2002 is enacted that specifies an 
                amount for adoption incentive payments for the 
                Department of Health and Human Services--
                          ``(i) the adjustments for new budget 
                        authority shall be the amounts of new 
                        budget authority provided in that 
                        measure for adoption incentive 
                        payments, but not to exceed 
                        $15,000,000; and
                          ``(ii) the adjustment for outlays 
                        shall be the additional outlays flowing 
                        from such amount.''.
          (2) Section 606 amendment.--Section 606 of the 
        Congressional Budget Act of 1974 is amended by adding 
        at the end the following new subsection:
    ``(f) Adoption Incentive Payments Adjustment.--
          ``(1) In general.--(A)(i) When the Committee on 
        Appropriations reports an appropriation measure for 
        fiscal year 1999, 2000, 2001, 2002, or 2003 that 
        specifies an amount for adoption incentive payments for 
        the Department of Health and Human Services, or when a 
        conference committee submits a conference report 
        thereon, the chairman of the Committee on the Budget of 
        the Senate or House of Representatives (whichever is 
        appropriate) shall--
                  ``(I) make adjustments for the amounts of new 
                budget authority provided by that appropriation 
                measure for such payments, which shall be the 
                amount of new budget authority provided in that 
                measure for adoption incentive payments, but 
                not to exceed $15,000,000; and
                  ``(II) make adjustment for outlays, which 
                shall be in an amount equal to the additional 
                outlays flowing from such amount.
          ``(ii) If the adjustments referred to in the 
        preceding sentence are made for an appropriations 
        measure that is not enacted into law, then the chairman 
        of the Committee on the Budget of the House of 
        Representatives shall, as soon as practicable, reverse 
        those adjustments.
          ``(iii) The chairman of the Committee on the Budget 
        of the House of Representatives shall submit any 
        adjustments made under this subparagraph to the House 
        of Representatives and have such adjustments published 
        in the Congressional Record.
          ``(B) The adjustments referred to in this paragraph 
        consist of adjustments to--
                  ``(i) the discretionary spending limits for 
                that fiscal year as set forth in the most 
                recently adopted concurrent resolution on the 
                budget;
                  ``(ii) the allocations to the Committees on 
                Appropriations of the Senate and the House of 
                Representatives for that fiscal year under 
                sections 302(a) and 602(a); and
                  ``(iii) the appropriate budgetary aggregates 
                for that fiscal year in the most recently 
                adopted concurrent resolution on the budget.
          ``(C) The adjusted discretionary spending limits, 
        allocations, and aggregates under this paragraph shall 
        be considered the appropriate limits, allocations, and 
        aggregates for purposes of congressional enforcement of 
        this Act and concurrent budget resolutions under this 
        Act.
          ``(2) Reporting revised suballocations.--Following 
        the adjustments made under paragraph (1), the 
        Committees on Appropriations of the Senate and the 
        House of Representatives may report appropriately 
        revised suballocations pursuant to sections 302(b) and 
        602(b) of this Act to carry out this subsection.
          ``(3) Definition.--As used in this section, the term 
        `adoption incentive payments' shall have the same 
        meaning as provided in section 251(b)(2)(I) of the 
        Balanced Budget and Emergency Deficit Control Act of 
        1985.''.