[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3205 Referred in Senate (RFS)]

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.

    Be it enacted by the Senate and House of Representatives 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.
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.

               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 by striking paragraph (2) and 
redesignating paragraphs (3) through (5) as paragraphs (2) through (4), 
respectively.
    (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 follows 
        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 adoptions 
                        in the State during the fiscal year; exceeds
                            ``(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 
                                preceding 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 fiscal year; 
                        exceeds
                            ``(ii) the product (rounded to the nearest 
                        whole number) of--
                                    ``(I) the base rate of pre-
                                adolescent 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 
                                preceding fiscal year who have attained 
                                9 years of age but not 14 years of age; 
                                and
                    ``(C) $8,000, multiplied by the amount (if any) by 
                which--
                            ``(i) the number of older child adoptions 
                        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 
                                preceding 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 fiscal 
                        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
                                    ``(II) the number of children in 
                                foster care under the supervision of 
                                the State on the last day of the 
                                preceding 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 determined 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 adoptions.--The term `base 
        rate of foster child adoptions' 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.
            ``(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 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 attained 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 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 supervision 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 determined 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 attained 14 years of 
                age.
            ``(8) Base rate of older child adoptions.--The term `base 
        rate of older child adoptions' 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
                    ``(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 supervision 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 percentage determined by dividing--
                    ``(A) the number of foster child guardianships 
                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--
                    ``(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 
        Secretary--
                    ``(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 judicial 
                        determination to the effect that continuation 
                        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 guardian, 
                        and the prospective legal guardian has a strong 
                        commitment to caring permanently for the child; 
                        and
                            ``(iv) if the child has attained 14 years 
                        of age, the child has been consulted regarding 
                        the legal guardianship arrangement; 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 INCENTIVE 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''.

SEC. 104. LIMITATION ON USE OF INCENTIVE PAYMENTS.

    Section 473A(f) of the Social Security Act (42 U.S.C. 673b(f)) is 
amended in the 1st sentence by inserting ``, and shall use the amount 
to supplement, and not supplant, any Federal or non-Federal funds used 
to provide any service under part B or E'' before the period.

SEC. 105. INCREASE IN PERIOD FOR WHICH INCENTIVE PAYMENTS ARE AVAILABLE 
              FOR EXPENDITURE.

    Section 473A(e) of the Social Security Act (42 U.S.C. 673b(e)) is 
amended--
            (1) in the subsection heading, by striking ``24-month'' and 
        inserting ``36-month''; and
            (2) by striking ``24-month'' and inserting ``36-month''.

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.

    Section 473(a)(8) of the Social Security Act (42 U.S.C. 673(a)(8)) 
is amended to read as follows:
    ``(8)(A) A State shall calculate the savings (if any) resulting 
from the application of paragraph (2)(A)(ii) to all applicable children 
for a fiscal year, using a methodology specified by the Secretary or an 
alternate methodology proposed by the State and approved by the 
Secretary.
    ``(B) A State shall annually report to the Secretary--
            ``(i) the methodology used to make the calculation 
        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, accounting 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 reported 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 provided under this part or part B, and shall spend not less than 20 
percent of any such savings on post-adoption services. Any such 
spending shall be used to supplement, and 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 replacement of 
                guardian with a successor guardian.--In the event of 
                the death or incapacity of the relative guardian, the 
                eligibility of a child for a kinship guardianship 
                assistance payment under this subsection shall not be 
                affected by reason of the replacement of the relative 
                guardian with a successor legal guardian named in the 
                kinship guardianship assistance agreement referred to 
                in paragraph (1) (including in any amendment to the 
                agreement), notwithstanding subparagraph (A) of this 
                paragraph 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.
    (b) Restructuring and Renaming of Program.--
            (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 payable 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 Successor Guardian.--The amendment made by section 107 
shall take effect on the date of the enactment of this Act.

         TITLE II--EXTENSION OF FAMILY 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 UNEMPLOYMENT 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 compensation 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.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on October 1, 2015.

            Passed the House of Representatives October 22, 2013.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.