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PL 102-190 — National Defense Authorization Act for Fiscal Years 1992 and 1993

Title VI, Part E of the Act made provision for reimbursement of adoption expenses for military personnel. The relevant portion of the Act is provided below. Thomas.gov offers bill summary and status.

TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

Part E--Miscellaneous

SEC. 651. PERMANENT EXTENSION OF PROGRAM TO REIMBURSE MEMBERS OF THE ARMED FORCES FOR ADOPTION EXPENSES.

(a) CODIFICATION OF PROGRAM FOR DEPARTMENT OF DEFENSE- (1) Chapter 53 of title 10, United States Code, is amended by inserting after section 1051 following new section:

`Sec. 1052. Reimbursement for adoption expenses

`(a) AUTHORIZATION TO REIMBURSE- The Secretary of Defense shall carry out a program under which a member of the armed forces may be reimbursed, as provided in this section, for qualifying adoption expenses incurred by the member in the adoption of a child under 18 years of age.
`(b) ADOPTIONS COVERED- An adoption for which expenses may be reimbursed under this section includes an adoption by a single person, an infant adoption, an intercountry adoption, and an adoption of a child with special needs (as defined in section 473(c) of the Social Security Act (42 U.S.C. 673(c)).
`(c) BENEFITS PAID AFTER ADOPTION IS FINAL- Benefits paid under this section in the case of an adoption may be paid only after the adoption is final.
`(d) TREATMENT OF OTHER BENEFITS- A benefit may not be paid under this section for any expense paid to or for a member of the armed forces under any other adoption benefits program administered by the Federal Government or under any such program administered by a State or local government.
`(e) LIMITATIONS- (1) Not more than $2,000 may be paid under this section to a member of the armed forces, or to two such members who are spouses of each other, for expenses incurred in the adoption of a child.
`(2) Not more than $5,000 may be paid under this section to a member of the armed forces, or to two such members who are spouses of each other, for adoptions by such member (or members) in any calendar year.
`(f) REGULATIONS- The Secretary of Defense shall prescribe regulations to carry out this section.
`(g) DEFINITIONS- In this section:

`(1) The term `qualifying adoption expenses' means reasonable and necessary expenses that are directly related to the legal adoption of a child under 18 years of age, but only if such adoption is arranged by a State or local government agency which has responsibility under State or local law for child placement through adoption or by a nonprofit, voluntary adoption agency which is authorized by State or local law to place children for adoption. Such term does not include any expense incurred--

`(A) by an adopting parent for travel; or
`(B) in connection with an adoption arranged in violation of Federal, State, or local law.

`(2) The term `reasonable and necessary expenses' includes--

`(A) public and private agency fees, including adoption fees charged by an agency in a foreign country;
`(B) placement fees, including fees charged adoptive parents for counseling;
`(C) legal fees (including court costs) in connection with services that are unavailable to a member of the armed forces under section 1044 or 1044a of this title; and
`(D) medical expenses, including hospital expenses of the biological mother of the child to be adopted and of a newborn infant to be adopted.'.

(2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1051 the following new item:

`1052. Reimbursement for adoption expenses.'.

(b) CODIFICATION OF PROGRAM FOR COAST GUARD PURPOSES- (1) Chapter 13 of title 14, United States Code, is amended by adding at the end the following new section:

`Sec. 514. Reimbursement for adoption expenses

`(a) AUTHORIZATION TO REIMBURSE- The Secretary shall carry out a program under which a member of the Coast Guard may be reimbursed, as provided in this section, for qualifying adoption expenses incurred by the member in the adoption of a child under 18 years of age.
`(b) ADOPTIONS COVERED- An adoption for which expenses may be reimbursed under this section includes an adoption by a single person, an infant adoption, an intercountry adoption, and an adoption of a child with special needs (as defined in section 473(c) of the Social Security Act (42 U.S.C. 673(c)).
`(c) BENEFITS PAID AFTER ADOPTION IS FINAL- Benefits paid under this section in the case of an adoption may be paid only after the adoption is final.
`(d) TREATMENT OF OTHER BENEFITS- A benefit may not be paid under this section for any expense paid to or for a member of the Coast Guard under any other adoption benefits program administered by the Federal Government or under any such program administered by a State or local government.
`(e) LIMITATIONS- (1) Not more than $2,000 may be paid under this section to a member of the Coast Guard, or to two such members who are spouses of each other, for expenses incurred in the adoption of a child.
`(2) Not more than $5,000 may be paid under this section to a member of the Coast Guard, or to two such members who are spouses of each other, for adoptions by such member (or members) in any calendar year.
`(f) REGULATIONS- The Secretary shall prescribe regulations to carry out this section.
`(g) DEFINITIONS- In this section:

`(1) The term `qualifying adoption expenses' means reasonable and necessary expenses that are directly related to the legal adoption of a child under 18 years of age, but only if such adoption is arranged by a State or local government agency which has responsibility under State or local law for child placement through adoption or by a nonprofit, voluntary adoption agency which is authorized by State or local law to place children for adoption. Such term does not include any expense incurred--

`(A) by an adopting parent for travel; or
`(B) in connection with an adoption arranged in violation of Federal, State, or local law.

`(2) The term `reasonable and necessary expenses' includes--

`(A) public and private agency fees, including adoption fees charged by an agency in a foreign country;
`(B) placement fees, including fees charged adoptive parents for counseling;
`(C) legal fees (including court costs) in connection with services that are unavailable to a member of the Coast Guard under section 1044 or 1044a of title 10; and
`(D) medical expenses, including hospital expenses of the biological mother of the child to be adopted and of a newborn infant to be adopted.'.

(2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

`514. Reimbursement for adoption expenses.'.

(c) EFFECTIVE DATE- The amendments made by subsections (a) and (b) shall take effect on the date of the enactment of this Act and shall apply to adoptions completed on or after that date.

Updated on May 14, 2008