[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1911 Introduced in House (IH)]
103d CONGRESS
1st Session
H. R. 1911
To amend title 5, United States Code, to provide for the reimbursement
of expenses incurred by a Federal employee in the adoption of a child.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 28, 1993
Mrs. Schroeder introduced the following bill; which was referred to the
Committee on Post Office and Civil Service
_______________________________________________________________________
A BILL
To amend title 5, United States Code, to provide for the reimbursement
of expenses incurred by a Federal employee in the adoption of a child.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. REIMBURSEMENT FOR ADOPTION EXPENSES.
(a) In General.--Subpart G of part III of title 5, United States
Code, is amended by adding at the end the following:
``CHAPTER 90--MISCELLANEOUS EMPLOYEE BENEFITS
``9001. Adoption benefits.
``Sec. 9001. Adoption benefits
``(a) For the purpose of this section--
``(1) the term `agency' means--
``(A) an Executive agency;
``(B) an agency in the judicial branch; and
``(C) an agency in the legislative branch (other
than any included under subparagraph (A));
``(2) the term `employee' does not include any individual
who, pursuant to the exercise of any authority under section
8913(b), is excluded from participating in the health insurance
program under chapter 89; and
``(3) the term `adoption expenses', as used with respect to
a child, means any reasonable and necessary expenses directly
relating to the adoption of such child, including--
``(A) fees charged by an adoption agency;
``(B) placement fees;
``(C) legal fees;
``(D) counseling fees;
``(E) medical expenses, including those relating to
obstetrical care for the biological mother, medical
care for the child, and physical examinations for the
adopting parent or parents;
``(F) foster-care charges; and
``(G) transportation expenses.
``(b) The head of each agency shall by regulation establish a
program under which any employee of such agency who adopts a child
shall be reimbursed for any adoption expenses incurred by such employee
in the adoption of such child.
``(c) Under the regulations, reimbursement may be provided only--
``(1) after the adoption becomes final, as
determined under the laws of the jurisdiction governing
the adoption;
``(2) if, at the time the adoption becomes final,
the child is under 18 years of age and unmarried; and
``(3) if appropriate written application is filed
within such time, complete with such information, and
otherwise in accordance with such procedures as may be
required.
``(d)(1) Reimbursement for an employee under this section with
respect to any particular child--
``(A) shall be payable only if, or to the extent that,
similar benefits paid (or payable) under one or more programs
established under State law or another Federal statute have not
met (or would not meet) the full amount of the adoption
expenses incurred; and
``(B) may not exceed $2,000.
``(2)(A) In any case in which both adopting parents are employees
eligible for reimbursement under this section, each parent shall be
eligible for an amount determined in accordance with paragraph (1),
except as provided in subparagraph (B).
``(B) No amount shall be payable under this section if, or to the
extent that, payment of such amount would cause the sum of the total
amount payable to the adoptive parents under this section, and the
total amount paid (or payable) to them under any program or programs
referred to in paragraph (1)(A), to exceed the lesser of--
``(i) the total adoption expenses incurred; or
``(ii) $4,000.
``(3) The guidelines issued under subsection (g) shall include
provisions relating to interagency cooperation and other appropriate
measures to carry out this subsection.
``(e) Any amount payable under this section shall be paid from the
appropriation or fund used to pay the employee involved.
``(f) An application for reimbursement under this section may not
be denied based on the marital status of the individual applying.
``(g)(1) The Office of Personnel Management may issue any general
guidelines which the Office considers necessary to promote the uniform
administration of this section.
``(2) The regulations prescribed by the head of each Executive
agency under this section shall be consistent with any guidelines
issued under paragraph (1).
``(3) Upon the request of any agency, the Office may provide
consulting, technical, and any other similar assistance necessary to
carry out this section.''.
(b) Conforming Amendments.--(1) The heading of subpart G of part
III of title 5, United States Code, is amended to read as follows:
``SUBPART G--ANNUITIES, INSURANCE, AND MISCELLANEOUS BENEFITS''.
(2) The analysis for part III of title 5, United States Code, is
amended--
(A) by striking the item relating to subpart G and
inserting in lieu thereof the following:
``SUBPART G--ANNUITIES, INSURANCE, AND MISCELLANEOUS BENEFITS''; and
(B) by adding after the item relating to chapter 89 the
following:
``90. Miscellaneous Employee Benefits....................... 9001''.
SEC. 2. APPLICABILITY TO POSTAL EMPLOYEES.
Section 1005 of title 39, United States Code, is amended by adding
at the end the following:
``(g) Section 9001 of title 5 shall apply to the Postal Service.
Regulations prescribed by the Postal Service to carry out this
subsection shall be consistent with any guidelines issued under
subsection (g)(1) of such section.''.
SEC. 3. EFFECTIVE DATE.
This Act shall take effect on October 1, 1993, and shall apply with
respect to any adoption which becomes final (determined in the manner
described in section 9001(c)(1) of title 5, United States Code, as
added by this Act) on or after that date.
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