§ 514. — Reimbursement for adoption expenses.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 14USC514]
TITLE 14--COAST GUARD
PART I--REGULAR COAST GUARD
CHAPTER 13--PAY, ALLOWANCES, AWARDS, AND OTHER RIGHTS AND BENEFITS
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 qualified adoption agency. 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.
(3) The term ``qualified adoption agency'' means any of the
following:
(A) A State or local government agency which has
responsibility under State or local law for child placement
through adoption.
(B) A nonprofit, voluntary adoption agency which is
authorized by State or local law to place children for adoption.
(C) Any other source authorized by a State to provide
adoption placement if the adoption is supervised by a court
under State or local law.
(Added Pub. L. 102-190, div. A, title VI, Sec. 651(b)(1), Dec. 5, 1991,
105 Stat. 1386; amended Pub. L. 102-484, div. A, title X, Sec. 1054(g),
Oct. 23, 1992, 106 Stat. 2503; Pub. L. 104-201, div. A, title VI,
Sec. 652(b), Sept. 23, 1996, 110 Stat. 2582.)
Amendments
1996--Subsec. (g)(1). Pub. L. 104-201, Sec. 652(b)(1), substituted
``qualified adoption agency.'' for ``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.''
Subsec. (g)(3). Pub. L. 104-201, Sec. 652(b)(2), added par. (3).
1992--Subsec. (b). Pub. L. 102-484 inserted a close parenthesis
before period at end.
Effective Date
Section effective Dec. 5, 1991, and applicable to adoptions
completed on or after that date, see section 651(c) of Pub. L. 102-190,
set out as a note under section 1052 of Title 10, Armed Forces.
Reimbursement for Adoptions Completed During Interim Between Test and
Permanent Program
For provisions relating to reimbursement for adoption expenses and
time period for application, see section 652 of Pub. L. 102-484, set out
as a note under section 1052 of Title 10, Armed Forces.
Section Referred to in Other Sections
This section is referred to in title 26 section 137.
