10 U.S.C. § 1052 — Adoption expenses: reimbursement

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 Repealed.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. 113–291, div. A, title XII, § 1203, Dec. 19, 2014, 128 Stat. 3530, related to the payment of travel, subsistence, medical care, and other personal expenses and the provision of administrative services and sup- port to liaison officers of certain foreign nations. Statutory Notes and Related Subsidiaries AIR FORCE SCHOLARSHIPS FOR PARTNERSHIP FOR PEACE NATIONS TO PARTICIPATE IN THE EURO-NATO JOINT JET PILOT TRAINING PROGRAM Pub. L. 111–383, div. A, title XII, § 1206, Jan. 7, 2011, 124 Stat. 4387, permitted the Secretary of the Air Force to establish and maintain a demonstration scholarship program, until Sept. 30, 2012, to allow personnel of the air forces of countries that are signatories of the Part- nership for Peace Framework Document to receive un- dergraduate pilot training and necessary related train- ing through the Euro-NATO Joint Jet Pilot Training (ENJJPT) program. [§ 1051b. Renumbered § 313] [§ 1051c. Repealed. Pub. L. 114–328, div. A, title XII, § 1253(a)(1)(B), Dec. 23, 2016, 130 Stat. 2532] Section, added Pub. L. 112–81, div. A, title IX, § 951(a)(1), Dec. 31, 2011, 125 Stat. 1548, related to assign- ments to improve education and training in informa- tion security as part of multilateral, bilateral, or re- gional cooperation programs. § 1052. Adoption expenses: reimbursement (a) AUTHORIZATION TO REIMBURSE.—The Sec- retary 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 ex- pense paid to or for a member of the armed forces under any other adoption benefits pro- gram 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 mem- bers) in any calendar year. (f) REGULATIONS.—The Secretary of Defense shall prescribe regulations to carry out this sec- tion. (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 in- curred— (A) by an adopting parent for travel; or (B) in connection with an adoption ar- ranged in violation of Federal, State, or local law. (2) The term ‘‘reasonable and necessary ex- penses’’ includes— (A) public and private agency fees, includ- ing 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 unavail- able 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 agen- cy 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 adop- tion is supervised by a court under State or local law. (D) A foreign government or an agency au- thorized by a foreign government to place children for adoption, in any case in which— Page 942 TITLE 10—ARMED FORCES § 1053 (i) the adopted child is entitled to auto- matic citizenship under section 320 of the Immigration and Nationality Act (8 U.S.C. 1431); or (ii) a certificate of citizenship has been issued for such child under section 322 of that Act (8 U.S.C. 1433). (Added Pub. L. 102–190, div. A, title VI, § 651(a)(1), Dec. 5, 1991, 105 Stat. 1385; amended Pub. L. 102–484, div. A, title X, § 1052(12), Oct. 23, 1992, 106 Stat. 2499; Pub. L. 104–201, div. A, title VI, § 652(a), Sept. 23, 1996, 110 Stat. 2582; Pub. L. 106–398, § 1 [[div. A], title V, § 579(c)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A–141; Pub. L. 108–375, div. A, title VI, § 661, Oct. 28, 2004, 118 Stat. 1974; Pub. L. 109–163, div. A, title V, § 592(a), Jan. 6, 2006, 119 Stat. 3280.) Editorial Notes PRIOR PROVISIONS A prior section 1052 was renumbered section 1063 of this title and subsequently repealed. AMENDMENTS 2006—Subsec. (g)(1). Pub. L. 109–163 inserted ‘‘or other source authorized to place children for adoption under State or local law’’ after ‘‘qualified adoption agency’’ in introductory provisions. 2004—Subsec. (g)(3)(D). Pub. L. 108–375 added subpar. (D). 2000—Pub. L. 106–398 substituted ‘‘Adoption expenses: reimbursement’’ for ‘‘Reimbursement for adoption ex- penses’’ in section catchline. 1996—Subsec. (g)(1). Pub. L. 104–201, § 652(a)(1), sub- stituted ‘‘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 chil- dren for adoption.’’ Subsec. (g)(3). Pub. L. 104–201, § 652(a)(2), added par. (3). 1992—Subsec. (b). Pub. L. 102–484 inserted close paren- thesis before period at end. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 102–190, div. A, title VI, § 651(c), Dec. 5, 1991, 105 Stat. 1387, 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 Pub. L. 102–484, div. A, title VI, § 652, Oct. 23, 1992, 106 Stat. 2426, provided that this section and section 514 (now 2903) of Title 14, Coast Guard, would apply with re- spect to the reimbursement of adoption expenses in- curred for an adoption proceeding completed during the period beginning on Oct. 1, 1990, and ending on Dec. 4, 1991, to the extent that such expenses would have been covered if the proceeding had been completed after Dec. 4, 1991, but only if an application for such reimburse- ment had been made within one year after Oct. 23, 1992. § 1053. Financial institution charges incurred be- cause of Government error in direct deposit of pay: reimbursement (a)(1) A member of the armed forces (or a former member of the armed forces entitled to retired pay under chapter 1223 of this title) who, in accordance with law or regulation, partici- pates in a program for the automatic deposit of pay to a financial institution may be reimbursed by the Secretary concerned for a covered late- deposit charge. (2) A covered late-deposit charge for purposes of paragraph (1) is a charge (including an over- draft charge or a minimum balance or average balance charge) that is levied by a financial in- stitution and that results from an administra- tive or mechanical error on the part of the Gov- ernment that causes the pay of the person con- cerned to be deposited late or in an incorrect manner or amount. (b) Reimbursements under this section shall be made from appropriations available for the pay and allowances of members of the armed force concerned. (c) The Secretaries concerned shall prescribe regulations to carry out this section, including regulations for the manner in which reimburse- ment under this section is to be made. (d) In this section: (1) The term ‘‘financial institution’’ means a bank, savings and loan association, or similar institution or a credit union chartered by the United States or a State. (2) The term ‘‘pay’’ includes (A) retired pay, and (B) allowances. (Added Pub. L. 99–661, div. A, title VI, § 662(a)(1), Nov. 14, 1986, 100 Stat. 3893; amended Pub. L. 101–189, div. A, title VI, § 664(a)(1)–(3)(A), Nov. 29, 1989, 103 Stat. 1466; Pub. L. 102–25, title VII, § 701(e)(8)(A), Apr. 6, 1991, 105 Stat. 115; Pub. L. 104–106, div. A, title XV, § 1501(c)(8), Feb. 10, 1996, 110 Stat. 499; Pub. L. 105–261, div. A, title V, § 564(a), Oct. 17, 1998, 112 Stat. 2029; Pub. L. 106–398, § 1 [[div. A], title V, § 579(c)(2)], Oct. 30, 2000, 114 Stat. 1654, 1654A–141.) Editorial Notes AMENDMENTS 2000—Pub. L. 106–398 substituted ‘‘Financial institu- tion charges incurred because of Government error in direct deposit of pay: reimbursement’’ for ‘‘Reimburse- ment for financial institution charges incurred because of Government error in direct deposit of pay’’ in sec- tion catchline. 1998—Subsec. (d)(1). Pub. L. 105–261 amended par. (1) generally. Prior to amendment, par. (1) read as follows: ‘‘The term ‘financial institution’ has the meaning given the term ‘financial organization’ in section 3332(a) of title 31.’’ 1996—Subsec. (a)(1). Pub. L. 104–106 substituted ‘‘chap- ter 1223’’ for ‘‘chapter 67’’. 1991—Pub. L. 102–25 struck out ‘‘mandatory’’ after ‘‘error in’’ in section catchline. 1989—Pub. L. 101–189, § 664(a)(3)(A), amended section catchline generally, substituting ‘‘Reimbursement for financial institution charges incurred because of Gov- ernment’’ for ‘‘Relief for expenses because of’’. Subsec. (a). Pub. L. 101–189, § 664(a)(1), amended sub- sec. (a) generally. Prior to amendment, subsec. (a) read as follows: ‘‘A member of the armed forces who, by law or regulation, is required to participate in a program for the automatic deposit of pay to a financial institu- tion may be reimbursed for overdraft charges levied by the financial institution when such charges result from an administrative or mechanical error on the part of the Government that causes such member’s pay to be deposited late or in an incorrect amount or manner.’’ Subsec. (d). Pub. L. 101–189, § 664(a)(2), amended sub- sec. (d) generally. Prior to amendment, subsec. (d) read