IIB 

113TH CONGRESS 

1ST SESSION H. R. 3205 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 28, 2013 

Received; read twice and referred to the Committee on Finance 

AN ACT 

To reauthorize and restructure the adoption incentives grant 

program, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Promoting Adoption 

3 and Legal Guardianship for Children in Foster Care Act’’. 

4 SEC. 2. TABLE OF CONTENTS. 

5 The table of contents of this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

TITLE I—ADOPTION INCENTIVES GRANT PROGRAM 

Sec. 101. Extension of program through fiscal year 2016. 

Sec. 102. Improvements to award structure. 

Sec. 103. Renaming of program. 

Sec. 104. Limitation on use of incentive payments. 

Sec. 105. Increase in period for which incentive payments are available for expenditure. 

Sec. 106. State report on calculation and use of savings resulting from the 

phase-out of eligibility requirements for adoption assistance; requirement to spend 20 percent of savings on post-adoption 

services. 

Sec. 107. Preservation of eligibility for kinship guardianship assistance payments with a successor guardian. 

Sec. 108. Effective dates. 

TITLE II—EXTENSION OF FAMILY CONNECTION GRANT 

PROGRAM 

Sec. 201. Extension of family connection grant program. 

TITLE III—UNEMPLOYMENT COMPENSATION 

Sec. 301. Improving the collection of unemployment insurance overpayments 

through tax refund offset. 

6 TITLE I—ADOPTION INCENTIVES 

7 GRANT PROGRAM 

8 SEC. 101. EXTENSION OF PROGRAM THROUGH FISCAL 

9 YEAR 2016. 

10 Section 473A of the Social Security Act (42 U.S.C. 

11 673b) is amended— 


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1 (1) in subsection (b)(5), by striking ‘‘2008 

2 through 2012’’ and inserting ‘‘2013 through 2015’’; 

3 and 

4 (2) in each of paragraphs (1)(D) and (2) of 

5 subsection (h), by striking ‘‘2013’’ and inserting 

6 ‘‘2016’’. 

7 SEC. 102. IMPROVEMENTS TO AWARD STRUCTURE. 

8 (a) ELIGIBILITY FOR AWARD.—Section 473A(b) of 

9 the Social Security Act (42 U.S.C. 673b(b)) is amended 

10 by striking paragraph (2) and redesignating paragraphs 

11 (3) through (5) as paragraphs (2) through (4), respec12 tively. 

13 (b) DATA REQUIREMENTS.—Section 473A(c)(2) of 

14 such Act (42 U.S.C. 673b(c)(2)) is amended— 

15 (1) in the paragraph heading, by striking 

16 ‘‘NUMBERS OF ADOPTIONS’’ and inserting ‘‘RATES

17 OF ADOPTIONS AND GUARDIANSHIPS’’; and 

18 (2) by striking ‘‘the numbers’’ and all that fol19 lows through ‘‘section,’’ and inserting ‘‘each of the 

20 rates required to be determined under this section 

21 with respect to a State and a fiscal year,’’. 

22 (c) AWARD AMOUNT.—Section 473A(d) of such Act 

23 (42 U.S.C. 673b(d)) is amended— 

24 (1) in paragraph (1)— 


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1 (A) by striking ‘‘paragraphs (2) and (3)’’ 

2 and inserting ‘‘paragraph (2)’’; and 

3 (B) by striking subparagraphs (A) through 

4 (C) and inserting the following: 

5 ‘‘(A) $2,000, multiplied by the amount (if 

6 any) by which— 

7 ‘‘(i) the number of foster child adop8 tions in the State during the fiscal year; 

9 exceeds 

10 ‘‘(ii) the product (rounded to the 

11 nearest whole number) of— 

12 ‘‘(I) the base rate of foster child 

13 adoptions for the State for the fiscal 

14 year; and 

15 ‘‘(II) the number of children in 

16 foster care under the supervision of 

17 the State on the last day of the pre18 ceding fiscal year; 

19 ‘‘(B) $4,000, multiplied by the amount (if 

20 any) by which— 

21 ‘‘(i) the number of pre-adolescent 

22 child adoptions in the State during the fis23 cal year; exceeds 

24 ‘‘(ii) the product (rounded to the 

25 nearest whole number) of— 


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1 ‘‘(I) the base rate of pre-adoles2 cent child adoptions for the State for 

3 the fiscal year; and 

4 ‘‘(II) the number of children in 

5 foster care under the supervision of 

6 the State on the last day of the pre7 ceding fiscal year who have attained 9 

8 years of age but not 14 years of age; 

9 and 

10 ‘‘(C) $8,000, multiplied by the amount (if 

11 any) by which— 

12 ‘‘(i) the number of older child adop13 tions in the State during the fiscal year; 

14 exceeds 

15 ‘‘(ii) the product (rounded to the 

16 nearest whole number) of— 

17 ‘‘(I) the base rate of older child 

18 adoptions for the State for the fiscal 

19 year; and 

20 ‘‘(II) the number of children in 

21 foster care under the supervision of 

22 the State on the last day of the pre23 ceding fiscal year who have attained 

24 14 years of age; and 


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1 ‘‘(D) $1,000, multiplied by the amount (if 

2 any) by which— 

3 ‘‘(i) the number of foster child 

4 guardianships in the State during the fis5 cal year; exceeds 

6 ‘‘(ii) the product (rounded to the 

7 nearest whole number) of— 

8 ‘‘(I) the base rate of foster child 

9 guardianships for the State for the 

10 fiscal year; and 

11 ‘‘(II) the number of children in 

12 foster care under the supervision of 

13 the State on the last day of the pre14 ceding fiscal year.’’; and 

15 (2) by striking paragraph (3). 

16 (d) DEFINITIONS.—Section 473A(g) of such Act (42 

17 U.S.C. 673b(g)) is amended by striking paragraphs (1) 

18 through (8) and inserting the following: 

19 ‘‘(1) FOSTER CHILD ADOPTION RATE.—The 

20 term ‘foster child adoption rate’ means, with respect 

21 to a State and a fiscal year, the percentage deter22 mined by dividing— 

23 ‘‘(A) the number of foster child adoptions 

24 finalized in the State during the fiscal year; by 


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1 ‘‘(B) the number of children in foster care 

2 under the supervision of the State on the last 

3 day of the preceding fiscal year. 

4 ‘‘(2) BASE RATE OF FOSTER CHILD ADOP5 TIONS.—The term ‘base rate of foster child adop6 tions’ means, with respect to a State and a fiscal 

7 year, the lesser of— 

8 ‘‘(A) the foster child adoption rate for the 

9 State for fiscal year 2007; or 

10 ‘‘(B) the foster child adoption rate for the 

11 State for the then preceding fiscal year. 

12 ‘‘(3) FOSTER CHILD ADOPTION.—The term 

13 ‘foster child adoption’ means the final adoption of a 

14 child who, at the time of adoptive placement, was in 

15 foster care under the supervision of the State. 

16 ‘‘(4) PRE-ADOLESCENT CHILD ADOPTION

17 RATE.—The term ‘pre-adolescent child adoption 

18 rate’ means, with respect to a State and a fiscal 

19 year, the percentage determined by dividing— 

20 ‘‘(A) the number of pre-adolescent child 

21 adoptions finalized in the State during the fis22 cal year; by 

23 ‘‘(B) the number of children in foster care 

24 under the supervision of the State on the last 


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1 day of the preceding fiscal year, who have at2 tained 9 years of age but not 14 years of age. 

3 ‘‘(5) BASE RATE OF PRE-ADOLESCENT CHILD

4 ADOPTIONS.—The term ‘base rate of pre-adolescent 

5 child adoptions’ means, with respect to a State and 

6 a fiscal year, the lesser of— 

7 ‘‘(A) the pre-adolescent child adoption rate 

8 for the State for fiscal year 2007; or 

9 ‘‘(B) the pre-adolescent child adoption rate 

10 for the State for the then preceding fiscal year. 

11 ‘‘(6) PRE-ADOLESCENT CHILD ADOPTION.—The 

12 term ‘pre-adolescent child adoption’ means the final 

13 adoption of a child who has attained 9 years of age 

14 but not 14 years of age if— 

15 ‘‘(A) at the time of the adoptive placement, 

16 the child was in foster care under the super17 vision of the State; or 

18 ‘‘(B) an adoption assistance agreement 

19 was in effect under section 473 with respect to 

20 the child. 

21 ‘‘(7) OLDER CHILD ADOPTION RATE.—The 

22 term ‘older child adoption rate’ means, with respect 

23 to a State and a fiscal year, the percentage deter24 mined by dividing— 


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1 ‘‘(A) the number of older child adoptions 

2 finalized in the State during the fiscal year; by 

3 ‘‘(B) the number of children in foster care 

4 under the supervision of the State on the last 

5 day of the preceding fiscal year, who have at6 tained 14 years of age. 

7 ‘‘(8) BASE RATE OF OLDER CHILD ADOP8 TIONS.—The term ‘base rate of older child adop9 tions’ means, with respect to a State and a fiscal 

10 year, the lesser of— 

11 ‘‘(A) the older child adoption rate for the 

12 State for fiscal year 2007; or 

13 ‘‘(B) the older child adoption rate for the 

14 State for the then preceding fiscal year. 

15 ‘‘(9) OLDER CHILD ADOPTION.—The term 

16 ‘older child adoption’ means the final adoption of a 

17 child who has attained 14 years of age if— 

18 ‘‘(A) at the time of the adoptive placement, 

19 the child was in foster care under the super20 vision of the State; or 

21 ‘‘(B) an adoption assistance agreement 

22 was in effect under section 473 with respect to 

23 the child. 

24 ‘‘(10) FOSTER CHILD GUARDIANSHIP RATE.— 

25 The term ‘foster child guardianship rate’ means, 


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1 with respect to a State and a fiscal year, the per2 centage determined by dividing— 

3 ‘‘(A) the number of foster child guardian4 ships occurring in the State during the fiscal 

5 year; by 

6 ‘‘(B) the number of children in foster care 

7 under the supervision of the State on the last 

8 day of the preceding fiscal year. 

9 ‘‘(11) BASE RATE OF FOSTER CHILD

10 GUARDIANSHIPS.—The term ‘base rate of foster 

11 child guardianships’ means, with respect to a State 

12 and a fiscal year, the lesser of— 

13 ‘‘(A) the foster child guardianship rate for 

14 the State for fiscal year 2007; or 

15 ‘‘(B) the foster child guardianship rate for 

16 the State for the then preceding fiscal year. 

17 ‘‘(12) FOSTER CHILD GUARDIANSHIP.—The 

18 term ‘foster child guardianship’ means, with respect 

19 to a State, the exit of a child from foster care under 

20 the responsibility of the State to live with a legal 

21 guardian, if the State has reported to the Sec22 retary— 

23 ‘‘(A) that the State agency has determined 

24 that— 


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1 ‘‘(i) the child has been removed from 

2 his or her home pursuant to a voluntary 

3 placement agreement or as a result of a ju4 dicial determination to the effect that con5 tinuation in the home would be contrary to 

6 the welfare of the child; 

7 ‘‘(ii) being returned home or adopted 

8 are not appropriate permanency options 

9 for the child; 

10 ‘‘(iii) the child demonstrates a strong 

11 attachment to the prospective legal guard12 ian, and the prospective legal guardian has 

13 a strong commitment to caring perma14 nently for the child; and 

15 ‘‘(iv) if the child has attained 14 years 

16 of age, the child has been consulted re17 garding the legal guardianship arrange18 ment; or 

19 ‘‘(B) the alternative procedures used by 

20 the State to determine that legal guardianship 

21 is the appropriate option for the child.’’. 

22 SEC. 103. RENAMING OF PROGRAM. 

23 (a) IN GENERAL.—The section heading of section 

24 473A of the Social Security Act (42 U.S.C. 673b) is 

25 amended to read as follows: 


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1 ‘‘SEC. 473A. ADOPTION AND LEGAL GUARDIANSHIP INCEN2 TIVE PAYMENTS.’’. 

3 (b) CONFORMING AMENDMENTS.— 

4 (1) Section 473A of such Act is amended in 

5 each of subsections (a), (d)(1), (d)(2)(A), and 

6 (d)(2)(B) (42 U.S.C. 673b(a), (d)(1), (d)(2)(A), and 

7 (d)(2)(B)) by inserting ‘‘and legal guardianship’’ 

8 after ‘‘adoption’’ each place it appears. 

9 (2) The heading of section 473A(d) of such Act 

10 (42 U.S.C. 673b(d)) is amended by inserting ‘‘AND

11 LEGAL GUARDIANSHIP’’ after ‘‘ADOPTION’’. 

12 SEC. 104. LIMITATION ON USE OF INCENTIVE PAYMENTS. 

13 Section 473A(f) of the Social Security Act (42 U.S.C. 

14 673b(f)) is amended in the 1st sentence by inserting ‘‘, 

15 and shall use the amount to supplement, and not supplant, 

16 any Federal or non-Federal funds used to provide any 

17 service under part B or E’’ before the period. 

18 SEC. 105. INCREASE IN PERIOD FOR WHICH INCENTIVE 

19 PAYMENTS ARE AVAILABLE FOR EXPENDI20 TURE. 

21 Section 473A(e) of the Social Security Act (42 U.S.C. 

22 673b(e)) is amended— 

23 (1) in the subsection heading, by striking ‘‘24- 

24 MONTH’’ and inserting ‘‘36-MONTH’’; and 

25 (2) by striking ‘‘24-month’’ and inserting ‘‘36- 

26 month’’. 


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1 SEC. 106. STATE REPORT ON CALCULATION AND USE OF 

2 SAVINGS RESULTING FROM THE PHASE-OUT 

3 OF ELIGIBILITY REQUIREMENTS FOR ADOP4 TION ASSISTANCE; REQUIREMENT TO SPEND 

5 20 PERCENT OF SAVINGS ON POST-ADOPTION 

6 SERVICES. 

7 Section 473(a)(8) of the Social Security Act (42 

8 U.S.C. 673(a)(8)) is amended to read as follows: 

9 ‘‘(8)(A) A State shall calculate the savings (if any) 

10 resulting from the application of paragraph (2)(A)(ii) to 

11 all applicable children for a fiscal year, using a method12 ology specified by the Secretary or an alternate method13 ology proposed by the State and approved by the Sec14 retary. 

15 ‘‘(B) A State shall annually report to the Secretary— 

16 ‘‘(i) the methodology used to make the calcula17 tion described in subparagraph (A), without regard 

18 to whether any savings are found; 

19 ‘‘(ii) the amount of any savings referred to in 

20 subparagraph (A); and 

21 ‘‘(iii) how any such savings are spent, account22 ing for and reporting the spending separately from 

23 any other spending reported to the Secretary under 

24 part B or E. 

25 ‘‘(C) The Secretary shall make all information re26 ported pursuant to subparagraph (B) available on the 


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1 website of the Department of Health and Human Services 

2 in a location easily accessible to the public. 

3 ‘‘(D) A State shall spend an amount equal to the 

4 amount of the savings (if any) in State expenditures under 

5 this part resulting from the application of paragraph 

6 (2)(A)(ii) to all applicable children for a fiscal year, to 

7 provide to children of families any service that may be pro8 vided under this part or part B, and shall spend not less 

9 than 20 percent of any such savings on post-adoption serv10 ices. Any such spending shall be used to supplement, and 

11 not supplant, any Federal or non-Federal funds used to 

12 provide any service under part B or E.’’. 

13 SEC. 107. PRESERVATION OF ELIGIBILITY FOR KINSHIP 

14 GUARDIANSHIP ASSISTANCE PAYMENTS 

15 WITH A SUCCESSOR GUARDIAN. 

16 Section 473(d)(3) of the Social Security Act (42 

17 U.S.C. 673(d)(3)) is amended by adding at the end the 

18 following: 

19 ‘‘(C) ELIGIBILITY NOT AFFECTED BY RE20 PLACEMENT OF GUARDIAN WITH A SUCCESSOR

21 GUARDIAN.—In the event of the death or inca22 pacity of the relative guardian, the eligibility of 

23 a child for a kinship guardianship assistance 

24 payment under this subsection shall not be af25 fected by reason of the replacement of the relVerDate Mar 15 2010 21:43 Oct 28, 2013 Jkt 039200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\H3205.RFS H3205

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1 ative guardian with a successor legal guardian 

2 named in the kinship guardianship assistance 

3 agreement referred to in paragraph (1) (includ4 ing in any amendment to the agreement), not5 withstanding subparagraph (A) of this para6 graph and section 471(a)(28).’’. 

7 SEC. 108. EFFECTIVE DATES. 

8 (a) IN GENERAL.—Except as otherwise provided in 

9 this section, the amendments made by this Act shall take 

10 effect on October 1, 2013. 

11 (b) RESTRUCTURING AND RENAMING OF PRO12 GRAM.— 

13 (1) IN GENERAL.—The amendments made by 

14 sections 102 and 103 shall take effect on October 1, 

15 2014, subject to paragraph (2). 

16 (2) TRANSITION RULE.—Notwithstanding any 

17 other provision of law, the total amount payable to 

18 a State under section 473A of the Social Security 

19 Act for fiscal year 2014 shall be an amount equal 

to 1 20 ⁄2 of the sum of— 

21 (A) the total amount that would be payable 

22 to the State under such section for fiscal year 

23 2014 if the amendments made by section 102 

24 of this Act had not taken effect; and 


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1 (B) the total amount that would be pay2 able to the State under such section for fiscal 

3 year 2014 in the absence of this paragraph. 

4 (c) PRESERVATION OF ELIGIBILITY FOR KINSHIP

5 GUARDIANSHIP ASSISTANCE PAYMENTS WITH A SUC6 CESSOR GUARDIAN.—The amendment made by section 

7 107 shall take effect on the date of the enactment of this 

8 Act. 

9 TITLE II—EXTENSION OF FAM10 ILY CONNECTION GRANT 

11 PROGRAM 

12 SEC. 201. EXTENSION OF FAMILY CONNECTION GRANT 

13 PROGRAM. 

14 Section 427(h) of the Social Security Act (42 U.S.C. 

15 627(h)) is amended by striking ‘‘2013’’ and inserting 

16 ‘‘2016’’. 

17 TITLE III—UNEMPLOYMENT 

18 COMPENSATION 

19 SEC. 301. IMPROVING THE COLLECTION OF UNEMPLOY20 MENT INSURANCE OVERPAYMENTS 

21 THROUGH TAX REFUND OFFSET. 

22 (a) IN GENERAL.—Section 303 of the Social Security 

23 Act (42 U.S.C. 503) is amended by adding at the end the 

24 following: 


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1 ‘‘(m) In the case of a covered unemployment com2 pensation debt (as defined under section 6402(f)(4) of the 

3 Internal Revenue Code of 1986) that remains uncollected 

4 as of the date that is 2 years after the date when such 

5 debt was first incurred, the State to which such debt is 

6 owed shall take action to recover such debt under section 

7 6402(f) of the Internal Revenue Code of 1986.’’. 

8 (b) EFFECTIVE DATE.—The amendment made by 

9 subsection (a) shall take effect on October 1, 2015. 

Passed the House of Representatives October 22, 

2013. 

Attest: KAREN L. HAAS, 

Clerk. 


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