I 
113TH CONGRESS 
1ST SESSION H. R. 3205 
To reauthorize and restructure the adoption incentives grant program, and 
for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 27, 2013 
Mr. CAMP (for himself, Mr. LEVIN, Mr. REICHERT, and Mr. DOGGETT) intro-
duced the following bill; which was referred to the Committee on Ways 
and Means 
A BILL 
To reauthorize and restructure the adoption incentives grant 
program, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Promoting Adoption 
and Legal Guardianship for Children in Foster Care Act’’. 
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—ADOPTION INCENTIVES GRANT PROGRAM 
Sec. 101. Extension of program through fiscal year 2016. 
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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 ex-
penditure. 
Sec. 106. State report on calculation and use of savings resulting from the 
phase-out of eligibility requirements for adoption assistance; re-
quirement to spend 20 percent of savings on post-adoption 
services. 
Sec. 107. Preservation of eligibility for kinship guardianship assistance pay-
ments 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. 
TITLE I—ADOPTION INCENTIVES 
GRANT PROGRAM 
SEC. 101. EXTENSION OF PROGRAM THROUGH FISCAL 
YEAR 2016. 
Section 473A of the Social Security Act (42 U.S.C. 
673b) is amended— 
(1) in subsection (b)(5), by striking ‘‘2008 
through 2012’’ and inserting ‘‘2013 through 2015’’; 
and 
(2) in each of paragraphs (1)(D) and (2) of 
subsection (h), by striking ‘‘2013’’ and inserting 
‘‘2016’’. 
SEC. 102. IMPROVEMENTS TO AWARD STRUCTURE. 
(a) ELIGIBILITY FOR AWARD.—Section 473A(b) of 
the Social Security Act (42 U.S.C. 673b(b)) is amended 
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by striking paragraph (2) and redesignating paragraphs 
(3) through (5) as paragraphs (2) through (4), respec-
tively. 
(b) DATA REQUIREMENTS.—Section 473A(c)(2) of 
such Act (42 U.S.C. 673b(c)(2)) is amended— 
(1) in the paragraph heading, by striking 
‘‘NUMBERS OF ADOPTIONS’’ and inserting ‘‘RATES 
OF ADOPTIONS AND GUARDIANSHIPS’’; and 
(2) by striking ‘‘the numbers’’ and all that fol-
lows through ‘‘section,’’ and inserting ‘‘each of the 
rates required to be determined under this section 
with respect to a State and a fiscal year,’’. 
(c) AWARD AMOUNT.—Section 473A(d) of such Act 
(42 U.S.C. 673b(d)) is amended— 
(1) in paragraph (1)— 
(A) by striking ‘‘paragraphs (2) and (3)’’ 
and inserting ‘‘paragraph (2)’’; and 
(B) by striking subparagraphs (A) through 
(C) and inserting the following: 
‘‘(A) $2,000, multiplied by the amount (if 
any) by which— 
‘‘(i) the number of foster child adop-
tions in the State during the fiscal year; 
exceeds 
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‘‘(ii) the product (rounded to the 
nearest whole number) of— 
‘‘(I) the base rate of foster child 
adoptions for the State for the fiscal 
year; and 
‘‘(II) the number of children in 
foster care under the supervision of 
the State on the last day of the pre-
ceding fiscal year; 
‘‘(B) $4,000, multiplied by the amount (if 
any) by which— 
‘‘(i) the number of pre-adolescent 
child adoptions in the State during the fis-
cal year; exceeds 
‘‘(ii) the product (rounded to the 
nearest whole number) of— 
‘‘(I) the base rate of pre-adoles-
cent child adoptions for the State for 
the fiscal year; and 
‘‘(II) the number of children in 
foster care under the supervision of 
the State on the last day of the pre-
ceding fiscal year who have attained 9 
years of age but not 14 years of age; 
and 
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‘‘(C) $8,000, multiplied by the amount (if 
any) by which— 
‘‘(i) the number of older child adop-
tions in the State during the fiscal year; 
exceeds 
‘‘(ii) the product (rounded to the 
nearest whole number) of— 
‘‘(I) the base rate of older child 
adoptions for the State for the fiscal 
year; and 
‘‘(II) the number of children in 
foster care under the supervision of 
the State on the last day of the pre-
ceding fiscal year who have attained 
14 years of age; and 
‘‘(D) $1,000, multiplied by the amount (if 
any) by which— 
‘‘(i) the number of foster child 
guardianships in the State during the fis-
cal year; exceeds 
‘‘(ii) the product (rounded to the 
nearest whole number) of— 
‘‘(I) the base rate of foster child 
guardianships for the State for the 
fiscal year; and 
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‘‘(II) the number of children in 
foster care under the supervision of 
the State on the last day of the pre-
ceding fiscal year.’’; and 
(2) by striking paragraph (3). 
(d) DEFINITIONS.—Section 473A(g) of such Act (42 
U.S.C. 673b(g)) is amended by striking paragraphs (1) 
through (8) and inserting the following: 
‘‘(1) FOSTER
CHILD
ADOPTION
RATE.—The 
term ‘foster child adoption rate’ means, with respect 
to a State and a fiscal year, the percentage deter-
mined by dividing— 
‘‘(A) the number of foster child adoptions 
finalized in the State during the fiscal year; by 
‘‘(B) the number of children in foster care 
under the supervision of the State on the last 
day of the preceding fiscal year. 
‘‘(2) BASE
RATE
OF
FOSTER
CHILD
ADOP-
TIONS.—The term ‘base rate of foster child adop-
tions’ means, with respect to a State and a fiscal 
year, the lesser of— 
‘‘(A) the foster child adoption rate for the 
State for fiscal year 2007; or 
‘‘(B) the foster child adoption rate for the 
State for the then preceding fiscal year. 
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‘‘(3) FOSTER
CHILD
ADOPTION.—The term 
‘foster child adoption’ means the final adoption of a 
child who, at the time of adoptive placement, was in 
foster care under the supervision of the State. 
‘‘(4) 
PRE-ADOLESCENT
CHILD
ADOPTION 
RATE.—The term ‘pre-adolescent child adoption 
rate’ means, with respect to a State and a fiscal 
year, the percentage determined by dividing— 
‘‘(A) the number of pre-adolescent child 
adoptions finalized in the State during the fis-
cal year; by 
‘‘(B) the number of children in foster care 
under the supervision of the State on the last 
day of the preceding fiscal year, who have at-
tained 9 years of age but not 14 years of age. 
‘‘(5) BASE RATE OF PRE-ADOLESCENT CHILD 
ADOPTIONS.—The term ‘base rate of pre-adolescent 
child adoptions’ means, with respect to a State and 
a fiscal year, the lesser of— 
‘‘(A) the pre-adolescent child adoption rate 
for the State for fiscal year 2007; or 
‘‘(B) the pre-adolescent child adoption rate 
for the State for the then preceding fiscal year. 
‘‘(6) PRE-ADOLESCENT CHILD ADOPTION.—The 
term ‘pre-adolescent child adoption’ means the final 
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adoption of a child who has attained 9 years of age 
but not 14 years of age if— 
‘‘(A) at the time of the adoptive placement, 
the child was in foster care under the super-
vision of the State; or 
‘‘(B) an adoption assistance agreement 
was in effect under section 473 with respect to 
the child. 
‘‘(7) OLDER
CHILD
ADOPTION
RATE.—The 
term ‘older child adoption rate’ means, with respect 
to a State and a fiscal year, the percentage deter-
mined by dividing— 
‘‘(A) the number of older child adoptions 
finalized in the State during the fiscal year; by 
‘‘(B) the number of children in foster care 
under the supervision of the State on the last 
day of the preceding fiscal year, who have at-
tained 14 years of age. 
‘‘(8) BASE
RATE
OF
OLDER
CHILD
ADOP-
TIONS.—The term ‘base rate of older child adop-
tions’ means, with respect to a State and a fiscal 
year, the lesser of— 
‘‘(A) the older child adoption rate for the 
State for fiscal year 2007; or 
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‘‘(B) the older child adoption rate for the 
State for the then preceding fiscal year. 
‘‘(9) OLDER
CHILD
ADOPTION.—The term 
‘older child adoption’ means the final adoption of a 
child who has attained 14 years of age if— 
‘‘(A) at the time of the adoptive placement, 
the child was in foster care under the super-
vision of the State; or 
‘‘(B) an adoption assistance agreement 
was in effect under section 473 with respect to 
the child. 
‘‘(10) FOSTER CHILD GUARDIANSHIP RATE.— 
The term ‘foster child guardianship rate’ means, 
with respect to a State and a fiscal year, the per-
centage determined by dividing— 
‘‘(A) the number of foster child guardian-
ships occurring in the State during the fiscal 
year; by 
‘‘(B) the number of children in foster care 
under the supervision of the State on the last 
day of the preceding fiscal year. 
‘‘(11) 
BASE
RATE
OF
FOSTER
CHILD 
GUARDIANSHIPS.—The term ‘base rate of foster 
child guardianships’ means, with respect to a State 
and a fiscal year, the lesser of— 
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‘‘(A) the foster child guardianship rate for 
the State for fiscal year 2007; or 
‘‘(B) the foster child guardianship rate for 
the State for the then preceding fiscal year. 
‘‘(12) FOSTER
CHILD
GUARDIANSHIP.—The 
term ‘foster child guardianship’ means, with respect 
to a State, the exit of a child from foster care under 
the responsibility of the State to live with a legal 
guardian, if the State has reported to the Sec-
retary— 
‘‘(A) that the State agency has determined 
that— 
‘‘(i) the child has been removed from 
his or her home pursuant to a voluntary 
placement agreement or as a result of a ju-
dicial determination to the effect that con-
tinuation in the home would be contrary to 
the welfare of the child; 
‘‘(ii) being returned home or adopted 
are not appropriate permanency options 
for the child; 
‘‘(iii) the child demonstrates a strong 
attachment to the prospective legal guard-
ian, and the prospective legal guardian has 
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a strong commitment to caring perma-
nently for the child; and 
‘‘(iv) if the child has attained 14 years 
of age, the child has been consulted re-
garding the legal guardianship arrange-
ment; or 
‘‘(B) the alternative procedures used by 
the State to determine that legal guardianship 
is the appropriate option for the child.’’. 
SEC. 103. RENAMING OF PROGRAM. 
(a) IN GENERAL.—The section heading of section 
473A of the Social Security Act (42 U.S.C. 673b) is 
amended to read as follows: 
‘‘SEC. 473A. ADOPTION AND LEGAL GUARDIANSHIP INCEN-
TIVE PAYMENTS.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) Section 473A of such Act is amended in 
each of subsections (a), (d)(1), (d)(2)(A), and 
(d)(2)(B) (42 U.S.C. 673b(a), (d)(1), (d)(2)(A), and 
(d)(2)(B)) by inserting ‘‘and legal guardianship’’ 
after ‘‘adoption’’ each place it appears. 
(2) The heading of section 473A(d) of such Act 
(42 U.S.C. 673b(d)) is amended by inserting ‘‘AND 
LEGAL GUARDIANSHIP’’ after ‘‘ADOPTION’’. 
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ology specified by the Secretary or an alternate method-
ology proposed by the State and approved by the Sec-
retary. 
‘‘(B) A State shall annually report to the Secretary— 
‘‘(i) the methodology used to make the calcula-
tion described in subparagraph (A), without regard 
to whether any savings are found; 
‘‘(ii) the amount of any savings referred to in 
subparagraph (A); and 
‘‘(iii) how any such savings are spent, account-
ing for and reporting the spending separately from 
any other spending reported to the Secretary under 
part B or E. 
‘‘(C) The Secretary shall make all information re-
ported pursuant to subparagraph (B) available on the 
website of the Department of Health and Human Services 
in a location easily accessible to the public. 
‘‘(D) A State shall spend an amount equal to the 
amount of the savings (if any) in State expenditures under 
this part resulting from the application of paragraph 
(2)(A)(ii) to all applicable children for a fiscal year, to 
provide to children of families any service that may be pro-
vided under this part or part B, and shall spend not less 
than 20 percent of any such savings on post-adoption serv-
ices. Any such spending shall be used to supplement, and 
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not supplant, any Federal or non-Federal funds used to 
provide any service under part B or E.’’. 
SEC. 107. PRESERVATION OF ELIGIBILITY FOR KINSHIP 
GUARDIANSHIP 
ASSISTANCE 
PAYMENTS 
WITH A SUCCESSOR GUARDIAN. 
Section 473(d)(3) of the Social Security Act (42 
U.S.C. 673(d)(3)) is amended by adding at the end the 
following: 
‘‘(C) ELIGIBILITY NOT AFFECTED BY RE-
PLACEMENT OF GUARDIAN WITH A SUCCESSOR 
GUARDIAN.—In the event of the death or inca-
pacity of the relative guardian, the eligibility of 
a child for a kinship guardianship assistance 
payment under this subsection shall not be af-
fected by reason of the replacement of the rel-
ative guardian with a successor legal guardian 
named in the kinship guardianship assistance 
agreement referred to in paragraph (1) (includ-
ing in any amendment to the agreement), not-
withstanding subparagraph (A) of this para-
graph and section 471(a)(28).’’. 
SEC. 108. EFFECTIVE DATES. 
(a) IN GENERAL.—Except as otherwise provided in 
this section, the amendments made by this Act shall take 
effect on October 1, 2013. 
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(b) RESTRUCTURING
AND
RENAMING
OF
PRO-
GRAM.— 
(1) IN GENERAL.—The amendments made by 
sections 102 and 103 shall take effect on October 1, 
2014, subject to paragraph (2). 
(2) TRANSITION
RULE.—Notwithstanding any 
other provision of law, the total amount payable to 
a State under section 473A of the Social Security 
Act for fiscal year 2014 shall be an amount equal 
to 1⁄2 of the sum of— 
(A) the total amount that would be payable 
to the State under such section for fiscal year 
2014 if the amendments made by section 102 
of this Act had not taken effect; and 
(B) the total amount that would be pay-
able to the State under such section for fiscal 
year 2014 in the absence of this paragraph. 
(c) PRESERVATION OF ELIGIBILITY FOR KINSHIP 
GUARDIANSHIP ASSISTANCE PAYMENTS WITH
A SUC-
CESSOR GUARDIAN.—The amendment made by section 
107 shall take effect on the date of the enactment of this 
Act. 
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TITLE II—EXTENSION OF FAM-
ILY 
CONNECTION 
GRANT 
PROGRAM 
SEC. 201. EXTENSION OF FAMILY CONNECTION GRANT 
PROGRAM. 
Section 427(h) of the Social Security Act (42 U.S.C. 
627(h)) is amended by striking ‘‘2013’’ and inserting 
‘‘2016’’. 
TITLE III—UNEMPLOYMENT 
COMPENSATION 
SEC. 301. IMPROVING THE COLLECTION OF UNEMPLOY-
MENT 
INSURANCE 
OVERPAYMENTS 
THROUGH TAX REFUND OFFSET. 
(a) IN GENERAL.—Section 303 of the Social Security 
Act (42 U.S.C. 503) is amended by adding at the end the 
following: 
‘‘(m) In the case of a covered unemployment com-
pensation debt (as defined under section 6402(f)(4) of the 
Internal Revenue Code of 1986) that remains uncollected 
as of the date that is 2 years after the date when such 
debt was first incurred, the State to which such debt is 
owed shall take action to recover such debt under section 
6402(f) of the Internal Revenue Code of 1986.’’. 
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(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall take effect on October 1, 2015. 
Æ 
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