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10 U.S.C. § 1052 — Adoption expenses: reimbursement
Federal law — U.S. Code and appendices · legal_authorities
**(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)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section673/c&num=0&edition=prelim))).
**(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
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Source file: Laws/federal/codes/united-states-code/title-10/section-1052-adoption-expenses-reimbursement--e5096c766a.md
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Source location: Title 10, Chapter 53, § 1052; chapter-053-miscellaneous-rights-and-benefits.md
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**(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)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section673/c&num=0&edition=prelim))).
**(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 or other source authorized to place children for adoption under State or local law. 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.
(D) A foreign government or an agency authorized by a foreign government to place children for adoption, in any case in which—
(i) the adopted child is entitled to automatic citizenship under section 320 of the Immigration and Nationality Act ([8 U.S.C. 1431](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1431&num=0&edition=prelim)); or
(ii) a certificate of citizenship has been issued for such child under section 322 of that Act ([8 U.S.C. 1433](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1433&num=0&edition=prelim)).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Application by citizen parents; requirements** A parent who is a citizen of the United States (or, if the citizen parent has died during the preceding 5 years, a citizen grandparent or citizen legal guardian) may apply for naturalization on behalf of a child born outside of the United States who has not acquired citizenship automatically under [section 1431 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1431&num=0&edition=prelim). The Attorney General shall issue a certificate of citizenship to such applicant upon proof, to the satisfaction of the Attorney General, that the following conditions have been fulfilled:
(1) At least one parent (or, at the time of his or her death, was) is 11 So in original. The word “is” probably should appear after “parent”. a citizen of the United States, whether by birth or naturalization.
(2) The United States citizen parent—
(A) has (or, at the time of his or her death, had) been physically present in the United States or its outlying possessions for a period or periods totaling not less than five years, at least two of which were after attaining the age of fourteen years; or
(B) has (or, at the time of his or her death, had) a citizen parent who has been physically present in the United States or its outlying possessions for a period or periods totaling not less than five years, at least two of which were after attaining the age of fourteen years.
(3) The child is under the age of eighteen years.
(4) The child is residing outside of the United States in the legal and physical custody of the applicant (or, if the citizen parent is deceased, an individual who does not object to the application).
(5) The child is temporarily present in the United States pursuant to a lawful admis
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** A child born outside of the United States automatically becomes a citizen of the United States when all of the following conditions have been fulfilled:
(1) At least one parent of the child is a citizen of the United States, whether by birth or naturalization.
(2) The child is under the age of eighteen years.
(3) The child is residing in the United States in the legal and physical custody of the citizen parent pursuant to a lawful admission for permanent residence.
**(b) Adoption** Subsection (a) shall apply to a child adopted by a United States citizen parent if the child satisfies the requirements applicable to adopted children under [section 1101(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1101/b/1&num=0&edition=prelim).
**(c) Children of military and Federal Government personnel residing abroad** Subsection (a)(3) is deemed satisfied in the case of a child who is lawfully admitted for permanent residence in the United States if—
(1) the child is residing in the legal and physical custody of a citizen parent who is—
(A) stationed and residing abroad as an employee of the Government of the United States; or
(B) residing abroad in marital union with an employee of the Government of the United States who is stationed abroad; or
(2) the child is—
(A) residing in the legal and physical custody of a citizen parent who is—
(i) stationed and residing abroad as a member of the Armed Forces of the United States; or
(ii) authorized to accompany and reside abroad with a member of the Armed Forces of the United States pursuant to the member’s official orders, and is so accompanying and residing abroad with the member in marital union; and
(B) authorized to accompany such member and
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Members of the Selected Reserve.—** A member of the Selected Reserve in good standing (as determined by the Secretary concerned) shall be permitted to use commissary stores and MWR retail facilities on the same basis as members on active duty.
**(b) Members of Ready Reserve Not in Selected Reserve.—** Subject to such regulations as the Secretary of Defense may prescribe, a member of the Ready Reserve (other than members of the Selected Reserve) may be permitted to use commissary stores and MWR retail facilities on the same basis as members serving on active duty.
**(c) Reserve and Space Force Retirees Under Age 60.—** A member or former member of a reserve component or the Space Force under 60 years of age who, but for age, would be eligible for retired pay under chapter 1223 of this title shall be permitted to use commissary stores and MWR retail facilities on the same basis as members of the armed forces entitled to retired pay under any other provision of law.
**(d) Members of the Space Force.—** A member of the Space Force in a space force active status who is not on sustained duty shall be permitted to use commissary stores and MWR retail facilities under the same conditions as specified in subsection (a) for a member of the Selected Reserve.
**(e) Dependents.—**
(1) Dependents of a member who is permitted under subsection (a), (b), or (d) to use commissary stores and MWR retail facilities shall be permitted to use stores and such facilities on the same basis as dependents of members on active duty.
(2) Dependents of a member who is permitted under subsection (c) to use commissary stores and MWR retail facilities shall be permitted to use stores and such facilities on the same basis as dependents of members of the armed forces entitled to retired pay un
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** A member of an armed force is entitled to leave at the rate of 2½ calendar days for each month of active service, excluding periods of—
(1) absence from duty without leave;
(2) absence over leave;
(3) confinement as the result of a sentence of a court-martial; and
(4) leave required to be taken under [section 876a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section876a&num=0&edition=prelim).
Full-time training, or other full-time duty for a period of more than 29 days, performed under section 316, 502, 503, 504, or 505 of title 32 by a member of the Army National Guard of the United States or the Air National Guard of the United States in his status as a member of the National Guard, and for which he is entitled to pay, is active service for the purposes of this section.
**(b)** Except as provided in subsections (e) and (f), a member may not accumulate more than 60 days’ leave. However, leave taken during a fiscal year may be charged to leave accumulated during that fiscal year without regard to this limitation.
**(c)** A member who retired after August 9, 1946, who is continued on, or is recalled to active duty, may have his leave which accumulated during his service before retirement carried over to his period of service after retirement.
**(d)** Leave taken before discharge is considered to be active service.
**(e)**
(1) The Secretary concerned, under uniform regulations to be prescribed by the Secretary of Defense, may authorize a member described in paragraph (2) to retain not more than 30 days of excess leave.
(2) A member described in this paragraph is a member who—
(A)
(i) serves on active duty for a continuous period of at least 120 days for which the member is entitled to special pay under [sect
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Federal law — U.S. Code and appendices · legal_authorities
**(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 individual, 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)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section673/c&num=0&edition=prelim))).
**(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 rel
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Exclusion**
(1) **In general** — Gross income of an employee does not include amounts paid or expenses incurred by the employer for qualified adoption expenses in connection with the adoption of a child by an employee if such amounts are furnished pursuant to an adoption assistance program.
(2) **$10,000 exclusion for adoption of child with special needs regardless of expenses** — In the case of an adoption of a child with special needs which becomes final during a taxable year, the qualified adoption expenses with respect to such adoption for such year shall be increased by an amount equal to the excess (if any) of $10,000 over the actual aggregate qualified adoption expenses with respect to such adoption during such taxable year and all prior taxable years.
**(b) Limitations**
(1) **Dollar limitation** — The aggregate of the amounts paid or expenses incurred which may be taken into account under subsection (a) for all taxable years with respect to the adoption of a child by the taxpayer shall not exceed $10,000.
(2) **Income limitation** — The amount excludable from gross income under subsection (a) for any taxable year shall be reduced (but not below zero) by an amount which bears the same ratio to the amount so excludable (determined without regard to this paragraph but with regard to paragraph (1)) as—
(A) the amount (if any) by which the taxpayer’s adjusted gross income exceeds $150,000, bears to
(B) $40,000.
(3) **Determination of adjusted gross income** — For purposes of paragraph (2), adjusted gross income shall be determined—
(A) without regard to this section and sections 85(c) 11 So in original. Probably should be followed by a comma. 221, 911, 931, and 933, and
(B) after the application of sections 86, 135, 219, and 469.
**(c) Adopt
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Federal law — U.S. Code and appendices · legal_authorities
Page 941
TITLE 10—ARMED FORCES
§ 1052
‘‘The authority under section 1050 of title 10, United
States Code, as in effect on the day before the date of
the enactment of this Act [Dec. 23, 2016], shall continue
to apply with respect to the Inter-American Defense
College during fiscal years 2017, 2018, and 2019 under
regulations prescribed by the Secretary of Defense.’’
[§§ 1050a to 1051a. Repealed. Pub. L. 114–328, div.
A, title XII, § 1243(b)(1), Dec. 23, 2016, 130
Stat. 2516]
Section 1050a, added Pub. L. 111–383, div. A, title XII,
§ 1204(a), Jan. 7, 2011, 124 Stat. 4386, related to the pay-
ment of personnel expenses for African cooperation.
Section 1051, added Pub. L. 99–661, div. A, title XIII,
§ 1322(a), Nov. 14, 1986, 100 Stat. 3989; amended Pub. L.
101–189, div. A, title IX, § 936, Nov. 29, 1989, 103 Stat. 1538;
Pub. L. 101–510, div. A, title XIII, § 1301(5), Nov. 5, 1990,
104 Stat. 1668; Pub. L. 102–484, div. A, title XIII, § 1362,
Oct. 23, 1992, 106 Stat. 2560; Pub. L. 107–314, div. A, title
XII, § 1202(a), Dec. 2, 2002, 116 Stat. 2663; Pub. L. 109–163,
div. A, title XII, § 1203, Jan. 6, 2006, 119 Stat. 3456; Pub.
L. 110–417, [div. A], title XII, § 1231(a), (b)(1), (c)(1), Oct.
14, 2008, 122 Stat. 4636, 4637, related to the payment of
expenses for multilateral, bilateral, or regional co-
operation programs.
Section 1051a, added Pub. L. 107–314, div. A, title XII,
§ 1201(a)(1), Dec. 2, 2002, 116 Stat. 2662; amended Pub. L.
109–13, div. A, title I, § 1010, May 11, 2005, 119 Stat. 244;
Pub. L. 109–163, div. A, title XII, § 1205, Jan. 6, 2006, 119
Stat.
3456;
Pub.
L.
110–181,
div.
A,
title
XII,
§ 1203(a)–(e)(1), Jan. 28, 2008, 122 Stat. 364, 365; Pub. L.
111–84, div. A, title XII, § 1205(a), Oct. 28, 2009, 123 Stat.
2514; Pub. L. 11
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 1052
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Agreements with adoptive parents of children with special needs; State payments; qualifying children; amount of payments; changes in circumstances; placement period prior to adoption; nonrecurring adoption expenses**
(1)
(A) Each State having a plan approved under this part shall enter into adoption assistance agreements (as defined in [section 675(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section675/3&num=0&edition=prelim)) with the adoptive parents of children with special needs.
(B) Under any adoption assistance agreement entered into by a State with parents who adopt a child with special needs, the State—
(i) shall make payments of nonrecurring adoption expenses incurred by or on behalf of such parents in connection with the adoption of such child, directly through the State agency or through another public or nonprofit private agency, in amounts determined under paragraph (3), and
(ii) in any case where the child meets the requirements of paragraph (2), may make adoption assistance payments to such parents, directly through the State agency or through another public or nonprofit private agency, in amounts so determined.
(2)
(A) For purposes of paragraph (1)(B)(ii), a child meets the requirements of this paragraph if—
(i) in the case of a child who is not an applicable child for the fiscal year (as defined in subsection (e)), the child—
(I)
(aa)
(AA) was removed from the home of a relative specified in [section 606(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section606/a&num=0&edition=prelim) (as in effect on July 16, 1996) and placed in foster care in accordance with a voluntary placement agreement with respect to which
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 673
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Federal law — U.S. Code and appendices · legal_authorities
Page 2382
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 673
100 Stat. 294; Pub. L. 100–203, title IX, § 9131(a)(2), Dec.
22, 1987, 101 Stat. 1330–313, provided that: ‘‘The amend-
ments made by subsections (a) and (b) [amending this
section and sections 608, 673, and 675 of this title] shall
be effective only with respect to expenditures made
after September 30, 1979.’’
[Pub. L. 100–203, title IX, § 9131(b), Dec. 22, 1987, 101
Stat. 1330–313, provided that: ‘‘The amendments made
by subsection (a) [amending section 102(a)(1), (c), and
(e) of Pub. L. 96–272, set out as notes under this section]
shall become effective October 1, 1987.’’]
CONSTRUCTION OF 2008 AMENDMENT
For construction of amendment by section 301(a)(2) of
Pub. L. 110–351, see section 301(d) of Pub. L. 110–351, set
out as a note under section 671 of this title.
CHILDREN VOLUNTARILY REMOVED FROM HOME OF
RELATIVE
Pub. L. 96–272, title I, § 102(d)(1), June 17, 1980, 94 Stat.
515, provided that: ‘‘For purposes of section 472 of the
Social Security Act [42 U.S.C. 672], a child who was vol-
untarily removed from the home of a relative and who
had a judicial determination prior to October 1, 1978, to
the effect that continuation therein would be contrary
to the welfare of such child, shall be deemed to have
been so removed as a result of such judicial determina-
tion if, and from the date that, a case plan and a review
meeting the requirements of section 471(a)(16) of such
Act [42 U.S.C. 671(a)(16)] have been made with respect
to such child and such child is determined to be in need
of foster care as a result of such review. In the case of
any child described in the preceding sentence, for pur-
poses of section 472(a)(4) of such Act [42 U.S.C.
672(a)(4)], the date of the voluntary removal shall
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 673
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Federal law — U.S. Code and appendices · legal_authorities
Page 496
TITLE 8—ALIENS AND NATIONALITY
§ 1431
Stat. 687; Pub. L. 90–215, § 1(a), Dec. 18, 1967, 81
Stat. 661; Pub. L. 90–369, June 29, 1968, 82 Stat.
279; Pub. L. 101–649, title IV, § 407(b)(1), (c)(5),
(d)(4), Nov. 29, 1990, 104 Stat. 5040, 5041; Pub. L.
106–386, div. B, title V, § 1503(e), Oct. 28, 2000, 114
Stat. 1522; Pub. L. 108–136, div. A, title XVII,
§ 1703(f)(1), (h), Nov. 24, 2003, 117 Stat. 1695, 1696;
Pub. L. 110–181, div. A, title VI, § 674(a), Jan. 28,
2008, 122 Stat. 185.)
Editorial Notes
AMENDMENTS
2008—Subsec. (e). Pub. L. 110–181 added subsec. (e).
2003—Subsec. (d). Pub. L. 108–136, § 1703(h), inserted
‘‘, child, or parent’’ after ‘‘surviving spouse’’ and
‘‘, parent, or child’’ after ‘‘whose citizen spouse’’, and
substituted ‘‘who, in the case of a surviving spouse, was
living’’ for ‘‘who was living’’.
Pub. L. 108–136, § 1703(f)(1), inserted at end ‘‘For pur-
poses of this subsection, the terms ‘United States cit-
izen’ and ‘citizen spouse’ include a person granted post-
humous citizenship under section 1440–1 of this title.’’
2000—Subsec. (a). Pub. L. 106–386 inserted ‘‘, or any
person who obtained status as a lawful permanent resi-
dent by reason of his or her status as a spouse or child
of a United States citizen who battered him or her or
subjected him or her to extreme cruelty,’’ after ‘‘cit-
izen of the United States’’ and ‘‘(except in the case of
a person who has been battered or subjected to extreme
cruelty by a United States citizen spouse or parent)’’
after ‘‘has been living in marital union with the citizen
spouse’’.
1990—Subsec. (a). Pub. L. 101–649, § 407(c)(5), sub-
stituted ‘‘application’’ for ‘‘petition’’ wherever appear-
ing.
Pub. L. 101–649, § 407(b)(1)(A), substituted ‘‘has resided
within the State or the d
Source: Supplied 2024 U.S. Code historical extraction · 8 U.S.C. § 1431
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