(This measure has not been amended since it was introduced. The summary of that version has been expanded because action occurred on the measure.)
Promoting Adoption and Legal Guardianship for Children in Foster Care Act - Title I: Adoption Incentives Grant Program - (Sec. 101) Amends part E (Foster Care and Adoption Assistance) of title IV of the Social Security Act (SSA) to revise the adoption incentives grant program (renaming it the adoption and legal guardianship incentive program), creating a new formula for determining adoption incentive payments, and extending the program through FY2016.
(Sec.104) Requires states to use amounts paid to them under such program to supplement, and not supplant, any federal or non-federal funds used to provide any service under SSA title IV parts B (Child and Family Services) or E.
(Sec. 104) Increases from 24 to 36 the number of months during which incentive program payments are available for expenditure.
(Sec. 106) Requires states to: (1) report annually to the Secretary of Health and Human Services (HHS) on the calculation and use of savings resulting from the application of certain requirements to all children, and (2) spend at least 20% of such savings on post-adoption services.
(Sec. 107) Provides that in the event of the death or incapacity of the relative guardian, the eligibility of a child for a kinship guardianship assistance payment shall not be affected because of the replacement of the relative guardian with a successor legal guardian named in the kinship guardianship assistance agreement.
Title II: Extension of Family Connection Grant Program - (Sec. 201) Amends SSA title IV part B to extend the family connection grant program through FY2016.
Title III: Unemployment Compensation - (Sec. 301) Amends SSA title III (Unemployment Insurance) with respect to the requirement that a state have an unemployment compensation law containing certain provisions in order to receive a specified federal grant. Requires a state owed an unemployment compensation debt meeting specified criteria that remains uncollected within two years after it was first incurred to take specified action under the Internal Revenue Code to recover it, including through a tax refund offset.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3205 Introduced in House (IH)]
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)
introduced 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 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.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Ways and Means.
Mr. Reichert moved to suspend the rules and pass the bill.
Considered under suspension of the rules. (consideration: CR H6651-6658)
DEBATE - The House proceeded with forty minutes of debate on H.R. 3205.
At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
Considered as unfinished business. (consideration: CR H6659)
Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 402 - 0 (Roll no. 552).(text: CR H6651-6652)
Roll Call #552 (House)On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 402 - 0 (Roll no. 552). (text: CR H6651-6652)
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Received in the Senate and Read twice and referred to the Committee on Finance.