for the Secretary's action. The Secretary may issue such orders only in accordance with the provisions of section 553 of title 5, United States Code.";

(2) by striking subsection (e);

(3) in subsection (f), by striking the matter preceding paragraph (1) and inserting the following:

"(e) CONSIDERATIONS IN ESTABLISHING AND INTERPRETING STANDARDS.-The consensus committee, in recommending standards and interpretations, and the Secretary, in establishing standards or issuing interpretations under this section, shall—";

(4) by striking subsection (g);

(5) in the first sentence of subsection (j), by striking "subsection (f)" and inserting "subsection (e)"; and

(6) by redesignating subsections (h), (i), and (j) as subsections (f), (g), and (h), respectively.

SEC. 805. ABOLISHMENT OF NATIONAL MANUFACTURED HOME ADVISORY COUNCIL. Section 605 (42 U.S.C. 5404) is hereby repealed.

SEC. 806. PUBLIC INFORMATION.

Section 607 (42 U.S.C. 5406) is amended— (1) in subsection (a)—

(A) by inserting "to the Secretary" after "submit"; and

(B) by adding at the end the following new sentence: "Such cost and other information shall be submitted to the consensus committee by the Secretary for its evaluation.";

(2) in subsection (d), by inserting ", the consensus committee," after "public,"; and (3) by striking subsection (c) and redesignating subsections (d) and (e) as subsections (c) and (d), respectively.

SEC. 807. INSPECTION FEES.

Section 620 (42 U.S.C. 5419) is amended to read as follows:

"SEC. 620. (a) AUTHORITY TO ESTABLISH FEES. In carrying out the inspections required under this title and in developing standards pursuant to section 604, the Secretary may establish and impose on manufactured home manufacturers, distributors, and retailers such reasonable fees as may be necessary to offset the expenses incurred by the Secretary in conducting such inspections and administering the consensus standards development process and for developing standards pursuant to section 604(b), and the Secretary may use any fees so collected to pay expenses incurred in connection therewith. Such fees shall only be modified pursuant to rulemaking in accordance with the provisions of section 553 of title 5, United States Code.

"(b) DEPOSIT OF FEES.-Fees collected pursuant to this title shall be deposited in a fund, which is hereby established in the Treasury for deposit of such fees. Amounts in the fund are hereby available for use by the Secretary pursuant to subsection (a). The use of these fees by the Secretary shall not be subject to general or specific limitations on appropriated funds unless use of these fees is specifically addressed in any future appropriations legislation. The Secretary shall provide an annual report to Congress indicating expenditures under this section. The Secretary shall also make available to the public, in accordance with all applicable disclosure laws, regulations, orders, and directives, information pertaining to such funds, including information pertaining to amounts collected, amounts disbursed, and the fund balance.”.

SEC. 808. ELIMINATION OF ANNUAL REPORT REQUIREMENT.

Section 626 (42 U.S.C. 5425) is hereby repealed.

SEC. 809. EFFECTIVE DATE.

The amendments made by this title shall take effect on the date of enactment of this Act, except that the amendments shall have

Mr. KENNEDY of Massachusetts moved to recommit the bill to the Committee on Banking and Financial Services with instructions to report the bill back to the House forthwith with the following amendments:

In Section 225(a) of the bill (as amended by the manager's amendment), after paragraph (2) insert the following new paragraph:

(3) EXCEPTIONS.-Notwithstanding other provision of this section, the amount paid for monthly rent for a dwelling unit in public housing may not exceed 30 percent of the family's adjusted monthly income for any family who has an annual income which is principally derived from earned income. In Section 322(a) of the bill (as amended by the manager's amendment), after paragraph (2) insert the following new paragraph:

(3) EXCEPTIONS.-Notwithstanding graph (1), the amount paid by an assisted family for monthly rent for an assisted dwelling unit, may not exceed 30 percent of the family's adjusted monthly income for any family who has an annual income which is principally derived from earned income. Any amount payable under paragraph (4) shall be in addition to the amount payable under this paragraph.

In section 352(a)(2) of the bill (as amended by the manager's amendment), after "paragraph (2)" insert "or (3)".

After debate,

By unanimous consent, the previous question was ordered on the motion to recommit with instructions.

The question being put, viva voce, Will the House recommit said bill with instructions?

The SPEAKER pro tempore, Mr. LAHOOD, announced that the nays had it.

Mr. KENNEDY of Massachusetts demanded a recorded vote on agreeing to said motion, which demand was supported by one-fifth of a quorum, so a recorded vote was ordered.

The vote was taken by electronic device.

It was decided in the negative....

Yeas ....... 196 Nays 226

......

Fields (LA)

NOT VOTING-11

When said bill was considered and read twice.

Mr. LAZIO submitted the following amendment, which was agreed to:

Strike out all after the enacting clause and insert the provisions of H.R. 2406, as passed by the House.

The bill, as amended, was ordered to be read a third time, was read a third time by title, and passed.

By unanimous consent, the title was amended so as to read: "An Act to repeal the United States Housing Act of 1937, deregulate the public housing program and the program for rental housing assistance for low-income families and increase community control over such programs, and for other purposes.".

A motion to reconsider the votes whereby said bill, as amended, was passed and the title was amended was, by unanimous consent, laid on the table.

On motion of Mr. LAZIO, pursuant to section 2 of House Resolution 426, it was,

Resolved, That the House insist upon its amendments to the foregoing bill and request a conference with the Senate on the disagreeing votes of the two Houses thereon.

Thereupon, the SPEAKER pro tempore, Mr. LAHOOD, by unanimous consent, announced the appointed Messrs. LEACH, LAZIO, BEREUTER, BAKER of Louisiana, CASTLE, GONZALEZ, VENTO and KENNEDY of Massachusetts as managers on the part of the House at said conference.

Ordered, That the Clerk notify the Senate thereof.

By unanimous consent, H.R. 2406, similar House bill, was laid on the table.

155.15 CLERK TO CORRECT

ENGROSSMENT S. 1260 AMENDMENTS On motion of Mr. LAZIO, by unanimous consent,

Ordered, That in the engrossment of the amendments to the bill of the Senate (S. 1260), the Clerk be authorized to correct section numbers, cross references, punctuation, and indentation, and to make any other technical and conforming changes necessary to reflect the actions of the House.

155.16 PRESIDIO PROPERTIES

On motion of Mr. YOUNG of Alaska, by unanimous consent, the bill (H.R. 1296) to provide for the administration

of certain Presidio properties at minimal cost to the Federal taxpayer; together with the amendment of the Senate thereto, was taken from the Speaker's table.

When on motion of Mr. YOUNG of Alaska, it was,

Resolved, That the House disagree to the amendment of the Senate and ask a conference with the Senate on the disagreeing votes of the two Houses thereon.

Thereupon, the SPEAKER pro tempore, Mr. LAHOOD, by unanimous consent, appointed Messrs. YOUNG of Alaska, HANSEN, ALLARD, HAYWORTH, Mrs. CUBIN, Messrs. MILLER of California, RICHARDSON, and VENTO, as managers on the part of the House at said conference.

Ordered, That the Clerk notify the Senate thereof.

155.17 ORDER OF BUSINESS

CONSIDERATION OF H.R. 3286

On motion of Mr. HYDE, by unanimous consent,

Ordered, That during consideration of of the bill (H.R. 3286) to help families defray adoption costs, and to promote the adoption of minority children, pursuant to House Resolution 428, notwithstanding the order of the previous question, it may be in order immediately after initial debate on the bill, as amended, for the Chair to postpone further consideration of the bill until the following legislative day, on which consideration may resume at a time designation by the Speaker.

155.18 UNFINISHED BUSINESS-VETO OF H.R. 956

The SPEAKER pro tempore, Mr. BOEHNER, announced the unfinished business to be the further consideration of the veto message from the President on the bill (H.R. 956) to establish legal standards and procedures for product liability litigation, and for other purposes.

The question being on the passage of the bill, the objections of the President to the contrary notwithstanding.

After debate,

Pursuant to the order of the House of May 6, 1996, the previous question was ordered on the bill.

The question being put,

Will the House, upon reconsideration, agree to pass the bill, the objections of the President to the contrary notwithstanding?

It was decided in the

negative

155.19

YEAS-258

SPEAKER pro tempore, Mr. BOEHNER, announced that the veto message and accompanying bill were referred to the Committee on the Judiciary.

Ordered, That the Clerk notify the Senate thereof.

155.20 MESSAGE FROM THE SENATE

A message from the Senate by Mr. Lundregan, one of its clerks, announced that the Senate had passed without amendment a bill of the House of the following title:

H.R. 2137. An Act to amend the Violent Crime Control and Law Enforcement Act of 1994 to require the release of relevant information to protect the public from sexually violent offenders.

155.21 PROVIDING FOR THE

CONSIDERATION OF H.R. 3022

Ms. GREENE, by direction of the Committee on Rules, called up the following resolution (H. Res. 427):

Resolved, That at any time after the adoption of this resolution the Speaker may, pursuant to clause 1(b) of rule XXIII, declare the House resolved into the Committee of the Whole House on the state of the Union for consideration of the bill (H.R. 3322) to authorize appropriations for fiscal year 1997 for civilian science activities of the Federal Government, and for other purposes. The first reading of the bill shall be dispensed with. Points of order against consideration of the bill for failure to comply with clause 2(1)(2) of rule XI are waived. General debate shall be confined to the bill and shall not exceed one hour equally divided and controlled by the chairman and ranking minority member of the Committee on Science. After general debate the bill shall be considered for

amendment under the five-minute rule. The bill shall be considered by title rather than by section. The first section and each title shall be considered as read. Points of order against provisions in the bill for failure to comply with clause 5(a) of rule XXI are waived. Before consideration of any other amendment it shall be in order to consider the amendment printed in the report of the Committee on Rules accompanying this resolution, if offered by Representative Walker of Pennsylvania or his designee. That amendment shall be considered as read, may amend portions of the bill not yet read for amendment, shall be debatable for ten minutes equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for division of the question in the House or in the Committee of the Whole. If that amendment is adopted, the bill, as amended, shall be considered as the original bill for the purpose of further amendment. During further consideration of the bill for amendment, the Chairman of the Committee of the Whole may accord priority in recognition on the basis of whether the Member offering an amendment has caused it to be printed in the portion of the Congressional Record designated for that purpose in clause 6 of rule XXIII. Amendments so printed shall be considered as read. At the conclusion of consideration of the bill for amendment the Committee shall rise and report the bill to the House with such amendments as may have been adopted. The previous question shall be considered as ordered on the bill and amendments thereto to final passage without intervening motion except one motion to recommit with or without instructions.

When said resolution was considered. After debate,

On motion of Ms. GREENE, the previous question was ordered on the resolution to its adoption or rejection and under the operation thereof, the resolution was agreed to.

A motion to reconsider the vote whereby said resolution was agreed to was, by unanimous consent, laid on the table.

155.22 PROVIDING FOR THE

CONSIDERATION OF H.R. 3286

Ms. PRYCE, by direction of the Committee on Rules, called up the following resolution (H. Res. 428):

Resolved, That upon the adoption of this resolution it shall be in order without intervention of any point of order to consider in the House the bill (H.R. 3286) to help families defray adoption costs, and to promote the adoption of minority children. The amendment in the nature of a substitute recommended by the Committee on Ways and Means now printed in the bill shall be considered as adopted. The previous question shall be considered as ordered on the bill, as amended, and on any further amendment thereto to final passage without intervening motion except: (1) one hour of debate on the bill, as amended, equally divided and controlled by the chairman and ranking minority member of the Committee on Ways and Means; (2) an amendment to title II of the bill, as amended, if offered by Representative Gibbons of Florida or his designee, which shall be considered as read and shall be separately debatable for thirty minutes equally divided and controlled by the proponent and (3) opponent; the amendment recommended by the Committee on Resources (applied to the bill, as amended), if offered by Representative Young of Alaska or a designee, which shall be considered as read and shall be separately debatable for thirty min

an

utes equally divided and controlled by the proponent and an opponent; and (4) one motion to recommit, which may include instructions only if offered by the minority leader or his designee.

When said resolution was considered. After debate,

On motion of Mrs. PRYCE, the previous question was ordered on the resolution to its adoption or rejection and under the operation thereof, the resolution was agreed to.

A motion to reconsider the vote whereby said resolution was agreed to was, by unanimous consent, laid on the table.

155.23 PROVIDING FOR THE

CONSIDERATION OF H.R. 3232

Mr. SOLOMON, by direction of the Committee on Rules, reported (Rept. No. 104-570) the resolution (H. Res. 430) providing for consideration of the bill (H.R. 3230) to authorize appropriations for fiscal year 1997 for military activities of the Department of Defense, to prescribe military personnel strengths for fiscal year 1997, and for other purposes.

When said resolution and report were referred to the House Calendar and ordered printed.

155.24 ADOPTION PROMOTION AND

STABILITY

Mr. ARCHER, pursuant to House Resolution 428, called up the bill (H.R. 3286) to help families defray adoption costs, and to promote the adoption of minority children.

When said bill was considered and read twice.

Pursuant to House Resolution 428, the following amendment in the nature of a substitute was considered adopted:

SECTION 1. SHORT TITLE.

This Act may be cited as the "6. 'Adoption Promotion and Stability Act of 1996". SEC. 2. TABLE OF CONTENTS.

The table of contents of this Act is as follows:

Sec. 1. Short title.

Sec. 2. Table of contents.

TITLE I-CREDIT FOR ADOPTION
EXPENSES

Sec. 101. Credit for adoption expenses.

TITLE II-INTERETHNIC ADOPTION Sec. 201. Removal of barriers to interethnic adoption.

TITLE III-CHILD CUSTODY PROCEEDINGS AFFECTED BY THE INDIAN CHILD WELFARE ACT OF 1978 Sec. 301. Inapplicability of the Indian Child Welfare Act of 1978 to child custody proceedings involving a child whose parents do not maintain affiliation with their Indian tribe.

Sec. 302. Membership and child custody proceedings. Sec. 303. Effective date.

TITLE IV-REVENUE OFFSETS Sec. 400. Amendment of 1986 Code. Subtitle A-Exclusion for Energy Conservation Subsidies Limited to Subsidies With Respect to Dwelling Units Sec. 401. Exclusion for energy conservation subsidies limited to subsidies with respect to dwelling units. Subtitle B-Foreign Trust Tax Compliance Sec. 411. Improved information reporting on foreign trusts.

Sec. 412. Comparable penalties for failure to file return relating to transfers

to foreign entities. Sec. 413. Modifications of rules relating to foreign trusts having one or more United States beneficiaries.

Sec. 414. Foreign persons not to be treated as owners under grantor trust rules.

Sec. 415. Information reporting regarding foreign gifts.

Sec. 416. Modification of rules relating to foreign trusts which are not grantor trusts.

Sec. 417. Residence of trusts, etc.

TITLE I-CREDIT FOR ADOPTION
EXPENSES

SEC. 101. CREDIT FOR ADOPTION EXPENSES.
(a) IN GENERAL.-Subpart A of part IV of
subchapter A of chapter 1 of the Internal
Revenue Code of 1986 (relating to nonrefund-
able personal credits) is amended by insert-
ing after section 22 the following new sec-
tion:

"SEC. 23. ADOPTION EXPENSES.

"(a) ALLOWANCE OF CREDIT.-In the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year the amount of the qualified adoption expenses paid or incurred by the taxpayer during such taxable year. "(b) LIMITATIONS.

"(1) DOLLAR LIMITATION.-The aggregate amount of qualified adoption expenses 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 $5,000.

"(2) INCOME LIMITATION.-The amount allowable as a credit 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 allowable (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 (determined without regard to sections 911, 931, and 933) exceeds $75,000, bears to "(B) $40,000.

"(3) DENIAL OF DOUBLE BENEFIT. "(A) IN GENERAL.-No credit shall be allowed under subsection (a) for any expense for which a deduction or credit is allowable under any other provision of this chapter.

"(B) GRANTS.-No credit shall be allowed under subsection (a) for any expense to the extent that funds for such expense are received under any Federal, State, or local program. The preceding sentence shall not apply to expenses for the adoption of a child with special needs.

"(C) REIMBURSEMENT.-No credit shall be allowed under subsection (a) for any expense to the extent that such expense is reimbursed and the reimbursement is excluded from gross income under section 137.

"(c) CARRYFORWARDS OF UNUSED CREDIT.— If the credit allowable under subsection (a) for any taxable year exceeds the limitation imposed by section 26(a) for such taxable year reduced by the sum of the credits allowable under this subpart (other than this section), such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a) for such taxable year. No credit may be carried forward under this subsection to any taxable year following the fifth taxable year after the taxable year in which the credit arose. For purposes of the preceding sentence, credits shall be treated as used on a first-in first-out basis.

“(d) DEFINITIONS.-For purposes of this section

"(1) QUALIFIED ADOPTION EXPENSES.-The term 'qualified adoption expenses' means

reasonable and necessary adoption fees, court costs, attorney fees, and other expenses

"(A) which are directly related to, and the principal purpose of which is for, the legal adoption of an eligible child by the taxpayer, and

"(B) which are not incurred in violation of State or Federal law or in carrying out any surrogate parenting arrangement.

"(2) EXPENSES FOR ADOPTION OF SPOUSE'S CHILD NOT ELIGIBLE.-The term 'qualified adoption expenses' shall not include any expenses in connection with the adoption by an individual of a child who is the child of such individual's spouse.

"(3) ELIGIBLE CHILD.-The term 'eligible child' means any individual

"(A) who has not attained age 18 as of the time of the adoption, or

"(B) who is physically or mentally incapable of caring for himself.

"(4) CHILD WITH SPECIAL NEEDS.-The term 'child with special needs' means any child if

"(A) a State has determined that the child cannot or should not be returned to the home of his parents, and

"(B) such State has determined that there exists with respect to the child a specific factor or condition (such as his ethnic background, age, or membership in a minority or sibling group, or the presence of factors such as medical conditions or physical, mental, or emotional handicaps) because of which it is reasonable to conclude that such child cannot be placed with adoptive parents without providing adoption assistance.

"(e) SPECIAL RULES FOR FOREIGN ADOPTIONS.-In the case of a foreign adoption—

"(1) subsection (a) shall not apply to any qualified adoption expense with respect to such adoption unless such adoption becomes final, and

"(2) any such expense which is paid or incurred before the taxable year in which such adoption becomes final shall be taken into account under this section as if such expense were paid or incurred during such year.

"(f) MARRIED COUPLES MUST FILE JOINT RETURNS.-Rules similar to the rules of paragraphs (2), (3), and (4) of section 21(e) shall apply for purposes of this section.

"(g) BASIS ADJUSTMENTS.-For purposes of this subtitle, if a credit is allowed under this section for any expenditure with respect to any property, the increase in the basis of such property which would (but for this subsection) result from such expenditure shall be reduced by the amount of the credit so allowed.

"(h) REGULATIONS.-The Secretary shall prescribe such regulations as may be appropriate to carry out this section and section 137, including regulations which treat unmarried individuals who pay or incur qualified adoption expenses with respect to the same child as 1 taxpayer for purposes of applying the dollar limitation in subsection (b)(1) of this section and in section 137(b)(1).".

(b) EXCLUSION OF AMOUNTS RECEIVED UNDER EMPLOYER'S ADOPTION ASSISTANCE PROGRAMS.-Part III of subchapter B of chapter 1 of such Code (relating to items specifically excluded from gross income) is amended by redesignating section 137 as section 138 and by inserting after section 136 the following new section:

"SEC. 137. ADOPTION ASSISTANCE PROGRAMS.

"(a) 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. "(b) LIMITATIONS.

"(1) DOLLAR LIMITATION.-The aggregate amount excludable from gross income under subsection (a) for all taxable years with respect to the adoption of a child by the taxpayer shall not exceed $5,000.

"(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 adjusted gross income exceeds $75,000, 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 911, 931, and 933, and

"(B) after the application of sections 86, 135, 219, and 469.

"(c) ADOPTION ASSISTANCE PROGRAM.-For purposes of this section, an adoption assistance program is a plan of an employer

"(1) under which the employer provides employees with adoption assistance, and

"(2) which meets requirements similar to the requirements of paragraphs (2), (3), and (5) of section 127(b).

An adoption reimbursement program operated under section 1052 of title 10, United States Code (relating to armed forces) or section 514 of title 14, United States Code (relating to members of the Coast Guard) shall be treated as an adoption assistance program for purposes of this section.

"(d) QUALIFIED ADOPTION EXPENSES.-For purposes of this section, the term 'qualified adoption expenses' has the meaning given such term by section 23(d).

"(e) CERTAIN RULES TO APPLY.-Rules similar to the rules of subsections (e) and (g) of section 23 shall apply for purposes of this section.".

(c) CONFORMING AMENDMENTS.—

(1) Sections 86(b)(2)(A) and 135(c)(4)(A) of such Code are each amended by inserting "137," before "911".

(2) Clause (i) of section 219(g)(3)(A) of such Code is amended by inserting ", 137," before "and 911".

(3) Clause (ii) of section 469(i)(3)(E) of such Code is amended to read as follows: "(ii) the amounts excludable from gross income under sections 135 and 137,".

(4) Subsection (a) of section 1016 of such Code is amended by striking "and" at the end of paragraph (24), by striking the period at the end of paragraph (25) and inserting ", and", and by adding at the end the following new paragraph:

"(26) to the extent provided in sections 23(g) and 137(e)."

(5) The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 22 the following new item: "Sec. 23. Adoption expenses.".

(6) The table of sections for part III of subchapter B of chapter 1 of such Code is amended by striking the item relating to section 137 and inserting the following:

"Sec. 137. Adoption assistance programs. "Sec. 138. Cross reference to other Acts.". (d) EFFECTIVE DATE.-The amendments made by this section shall apply to taxable years beginning after December 31, 1996.

TITLE II-INTERETHNIC ADOPTION SEC. 201. REMOVAL OF BARRIERS TO INTERETHNIC ADOPTION.

(a) STATE PLAN REQUIREMENTS.-Section 471(a) of the Social Security Act (42 U.S.C 671(a)) is amended

(1) by striking "and" at the end of paragraph (16);

(2) by striking the period at the end of paragraph (17) and inserting "; and"; and

(3) by adding at the end the following: "(18) not later than January 1, 1997, provides that neither the State nor any other entity in the State that receives funds from the Federal Government and is involved in adoption or foster care placements may—

"(A) deny to any person the opportunity to become an adoptive or a foster parent, on the basis of the race, color, or national origin of the person, or of the child, involved; or

"(B) delay or deny the placement of a child for adoption or into foster care, on the basis of the race, color, or national origin of the adoptive or foster parent, or the child, involved.".

(b) ENFORCEMENT.-Section 474 of such Act (42 U.S.C. 674) is amended by adding at the end the following:

"(d)(1) If a State's program operated under this part is found, as a result of a review conducted under section 1123, to have violated section 471(a)(18) during a quarter with respect to any person, then, notwithstanding subsection (a) of this section and any regulations promulgated under section 1123(b)(3), the Secretary shall reduce the amount otherwise payable to the State under this part, for the quarter and for each subsequent quarter before the 1st quarter for which the State program is found, as a result of such a review, not to have violated section 471(a)(18) with respect to any person, by—

"(A) 2 percent of such otherwise payable amount, in the case of the 1st such finding with respect to the State;

"(B) 5 percent of such otherwise payable amount, in the case of the 2nd such finding with respect to the State; or

"(C) 10 percent of such otherwise payable amount, in the case of the 3rd or subsequent such finding with respect to the State.

"(2) Any other entity which is in a State that receives funds under this part and which violates section 471(a)(18) during a quarter with respect to any person shall remit to the Secretary all funds that were paid by the State to the entity during the quarter from such funds.

“(3)(A) Any individual who is aggrieved by a violation of section 471(a)(18) by a State or other entity may bring an action seeking relief from the State or other entity in any United States district court.

"(B) An action under this paragraph may not be brought more than 2 years after the date the alleged violation occurred.

"(4) This subsection shall not be construed to affect the application of the Indian Child Welfare Act of 1978.".

(c) CIVIL RIGHTS.—

(1) PROHIBITED CONDUCT.-A person or government that is involved in adoption or foster care placements may not

(A) deny to any individual the opportunity to become an adoptive or a foster parent, on the basis of the race, color, or national origin of the individual, or of the child, involved; or

(B) delay or deny the placement of a child. for adoption or into foster care, on the basis of the race, color, or national origin of the adoptive or foster parent, or the child, involved.

(2) ENFORCEMENT.-Noncompliance with paragraph (1) is deemed a violation of title VI of the Civil Rights Act of 1964.

(3) NO EFFECT ON THE INDIAN CHILD WELFARE ACT OF 1978.-This subsection shall not be construed to affect the application of the InIdian Child Welfare Act of 1978.

(d) CONFORMING REPEAL.-Section 553 of the Howard M. Metzenbaum Multiethnic Placement Act of 1994 (42 U.S.C. 5115a) is repealed.