
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC1052]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
              CHAPTER 53--MISCELLANEOUS RIGHTS AND BENEFITS
 
Sec. 1052. Adoption expenses: reimbursement

    (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 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 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.

        (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(a)(1), Dec. 5, 1991, 
105 Stat. 1385; amended Pub. L. 102-484, div. A, title X, Sec. 1052(12), 
Oct. 23, 1992, 106 Stat. 2499; Pub. L. 104-201, div. A, title VI, 
Sec. 652(a), Sept. 23, 1996, 110 Stat. 2582; Pub. L. 106-398, Sec. 1 
[[div. A], title V, Sec. 579(c)(1)], Oct. 30, 2000, 114 Stat. 1654, 
1654A-141.)


                            Prior Provisions

    A prior section 1052 was renumbered section 1063 of this title.


                               Amendments

    2000--Pub. L. 106-398 substituted ``Adoption expenses: 
reimbursement'' for ``Reimbursement for adoption expenses'' in section 
catchline.
    1996--Subsec. (g)(1). Pub. L. 104-201, Sec. 652(a)(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(a)(2), added par. (3).
    1992--Subsec. (b). Pub. L. 102-484 inserted close parenthesis before 
period at end.


                             Effective Date

    Section 651(c) of Pub. L. 102-190 provided that: ``The amendments 
made by subsections (a) and (b) [enacting this section and section 514 
of Title 14, Coast Guard] shall take effect on the date of the enactment 
of this Act [Dec. 5, 1991] and shall apply to adoptions completed on or 
after that date.''


  Reimbursement for Adoptions Completed During Period Between Test and 
                            Permanent Program

    Section 652 of Pub. L. 102-484 provided that:
    ``(a) Reimbursement of Adoption Expenses.--Section 1052 of title 10, 
United States Code, and section 514 of title 14, United States Code, 
shall apply with respect to the reimbursement of adoption expenses 
incurred for an adoption proceeding completed during the period 
beginning on October 1, 1990, and ending on December 4, 1991, to the 
extent the adoption expenses would be covered by one of these sections 
if the adoption proceeding had been completed after December 4, 1991.
    ``(b) Time Period for Application.--Subsection (a) shall apply to a 
person covered by such subsection only if the person applies to the 
Secretary of Defense or the Secretary of Transportation for the 
reimbursement of adoption expenses under section 1052 of title 10, 
United States Code, or section 514 of title 14, United States Code, 
whichever applies, within one year after the date of the enactment of 
this Act [Oct. 23, 1992].''

                  Section Referred to in Other Sections

    This section is referred to in title 26 section 137; title 33 
section 857a; title 42 section 213a.
