,i #aacth ,,congress #ast ,session ,h4 ,r4 #cbje ,,in ,,the ,,house ,,of ,,representatives ,september #bg1 #bjac,mr4 ,camp 7for himself1 ,mr4 ,levin1 ,mr4 ,reichert1 and ,mr4 ,doggett7 introduced the following bill2 which was referred to the ,committee on ,ways and ,means ,a ,,bill ,to reauthorize and restructure the adoption incentives grant program1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,promoting ,adoption and ,legal ,guardianship for ,children in ,foster ,care ,act4 #b4 ,table of contents ,the table of contents of this ,act is as follows3 ,sec4 #a4 ,short title4,sec4 #b4 ,table of contents4,title ,i--,adoption incentives grant program,sec4 #aja4 ,extension of program through fiscal year #bjaf4,sec4 #ajb4 ,improvements to award structure4,sec4 #ajc4 ,renaming of program4,sec4 #ajd4 ,limitation on use of incentive payments4,sec4 #aje4 ,increase in period for which incentive payments are available for expenditure4,sec4 #ajf4 ,state report on calculation and use of savings resulting from the phase-out of eligibility requirements for adoption assistance2 requirement to spend #bj percent of savings on post-adoption services4,sec4 #ajg4 ,preservation of eligibility for kinship guardianship assistance payments with a successor guardian4,sec4 #ajh4 ,effective dates4,title ,,ii--,extension of family connection grant program,sec4 #bja4 ,extension of family connection grant program4,title ,,iii--,unemployment compensation,sec4 #cja4 ,improving the collection of unemployment insurance overpayments through tax refund offset4 ,i ,adoption incentives grant program #aja4 ,extension of program through fiscal year #bjaf ,section #dgc;,a of the ,social ,security ,act 7#db ,u4,s4,c4 #fgc;b7 is amended-- 7#a7 in subsection 7b77#e71 by striking #bjjh through #bjab and inserting #bjac through #bjae2 and 7#b7 in each of paragraphs 7#a77;,d7 and 7#b7 of subsection 7h71 by striking #bjac and inserting #bjaf4 #ajb4 ,improvements to award structure 7a7 ,eligibility for award ,section #dgc;,a7b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #fgc;b7b77 is amended by striking paragraph 7#b7 and redesignating paragraphs 7#c7 through 7#e7 as paragraphs 7#b7 through 7#d71 respectively4 7b7 ,data requirements ,section #dgc;,a7c77#b7 of such ,act 7#db ,u4,s4,c4 #fgc;b7c77#b77 is amended-- 7#a7 in the paragraph heading1 by striking numbers of adoptions and inserting rates of adoptions and guardianships2 and 7#b7 by striking the numbers and all that follows through section1 and inserting each of the rates required to be determined under this section with respect to a ,state and a fiscal year14 7c7 ,award amount ,section #dgc;,a7d7 of such ,act 7#db ,u4,s4,c4 #fgc;b7d77 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 by striking paragraphs 7#b7 and 7#c7 and inserting paragraph 7#b72 and 7,b7 by striking subparagraphs 7,a7 through 7,c7 and inserting the following3 7,a7 #b1jjj1 multiplied by the amount 7if any7 by which-- 7i7 the number of foster child adoptions in the ,state during the fiscal year2 exceeds 7ii7 the product 7rounded to the nearest whole number7 of-- 7,i7 the base rate of foster child adoptions for the ,state for the fiscal year2 and 7,,ii7 the number of children in foster care under the supervision of the ,state on the last day of the preceding fiscal year2 7,b7 #d1jjj1 multiplied by the amount 7if any7 by which-- 7i7 the number of pre-adolescent child adoptions in the ,state during the fiscal year2 exceeds 7ii7 the product 7rounded to the nearest whole number7 of-- 7,i7 the base rate of pre-adolescent child adoptions for the ,state for the fiscal year2 and 7,,ii7 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 #i years of age but not #ad years of age2 and 7,c7 #h1jjj1 multiplied by the amount 7if any7 by which-- 7i7 the number of older child adoptions in the ,state during the fiscal year2 exceeds 7ii7 the product 7rounded to the nearest whole number7 of-- 7,i7 the base rate of older child adoptions for the ,state for the fiscal year2 and 7,,ii7 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 #ad years of age2 and 7,d7 #a1jjj1 multiplied by the amount 7if any7 by which-- 7i7 the number of foster child guardianships in the ,state during the fiscal year2 exceeds 7ii7 the product 7rounded to the nearest whole number7 of-- 7,i7 the base rate of foster child guardianships for the ,state for the fiscal year2 and 7,,ii7 the number of children in foster care under the supervision of the ,state on the last day of the preceding fiscal year4 2 and 7#b7 by striking paragraph 7#c74 7d7 ,definitions ,section #dgc;,a7g7 of such ,act 7#db ,u4,s4,c4 #fgc;b7g77 is amended by striking paragraphs 7#a7 through 7#h7 and inserting the following3 7#a7 ,foster child adoption rate ,the term foster child adoption rate means1 with respect to a ,state and a fiscal year1 the percentage determined by dividing-- 7,a7 the number of foster child adoptions finalized in the ,state during the fiscal year2 by 7,b7 the number of children in foster care under the supervision of the ,state on the last day of the preceding fiscal year4 7#b7 ,base rate of foster child adoptions ,the term base rate of foster child adoptions means1 with respect to a ,state and a fiscal year1 the lesser of-- 7,a7 the foster child adoption rate for the ,state for fiscal year #bjjg2 or 7,b7 the foster child adoption rate for the ,state for the then preceding fiscal year4 7#c7 ,foster child adoption ,the term foster child adoption means the final adoption of a child who1 at the time of adoptive placement1 was in foster care under the supervision of the ,state4 7#d7 ,pre-adolescent child adoption rate ,the term pre-adolescent child adoption rate means1 with respect to a ,state and a fiscal year1 the percentage determined by dividing-- 7,a7 the number of pre-adolescent child adoptions finalized in the ,state during the fiscal year2 by 7,b7 the number of children in foster care under the supervision of the ,state on the last day of the preceding fiscal year1 who have attained #i years of age but not #ad years of age4 7#e7 ,base rate of pre-adolescent child adoptions ,the term base rate of pre-adolescent child adoptions means1 with respect to a ,state and a fiscal year1 the lesser of-- 7,a7 the pre-adolescent child adoption rate for the ,state for fiscal year #bjjg2 or 7,b7 the pre-adolescent child adoption rate for the ,state for the then preceding fiscal year4 7#f7 ,pre-adolescent child adoption ,the term pre-adolescent child adoption means the final adoption of a child who has attained #i years of age but not #ad years of age if-- 7,a7 at the time of the adoptive placement1 the child was in foster care under the supervision of the ,state2 or 7,b7 an adoption assistance agreement was in effect under section #dgc with respect to the child4 7#g7 ,older child adoption rate ,the term older child adoption rate means1 with respect to a ,state and a fiscal year1 the percentage determined by dividing-- 7,a7 the number of older child adoptions finalized in the ,state during the fiscal year2 by 7,b7 the number of children in foster care under the supervision of the ,state on the last day of the preceding fiscal year1 who have attained #ad years of age4 7#h7 ,base rate of older child adoptions ,the term base rate of older child adoptions means1 with respect to a ,state and a fiscal year1 the lesser of-- 7,a7 the older child adoption rate for the ,state for fiscal year #bjjg2 or 7,b7 the older child adoption rate for the ,state for the then preceding fiscal year4 7#i7 ,older child adoption ,the term older child adoption means the final adoption of a child who has attained #ad years of age if-- 7,a7 at the time of the adoptive placement1 the child was in foster care under the supervision of the ,state2 or 7,b7 an adoption assistance agreement was in effect under section #dgc with respect to the child4 7#aj7 ,foster child guardianship rate ,the term foster child guardianship rate means1 with respect to a ,state and a fiscal year1 the percentage determined by dividing-- 7,a7 the number of foster child guardianships occurring in the ,state during the fiscal year2 by 7,b7 the number of children in foster care under the supervision of the ,state on the last day of the preceding fiscal year4 7#aa7 ,base rate of foster child guardianships ,the term base rate of foster child guardianships means1 with respect to a ,state and a fiscal year1 the lesser of-- 7,a7 the foster child guardianship rate for the ,state for fiscal year #bjjg2 or 7,b7 the foster child guardianship rate for the ,state for the then preceding fiscal year4 7#ab7 ,foster child guardianship ,the term foster child guardianship means1 with respect to a ,state1 the exit of a child from foster care under the responsibility of the ,state to live with a legal guardian1 if the ,state has reported to the ,secretary-- 7,a7 that the ,state agency has determined that-- 7i7 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 child2 7ii7 being returned home or adopted are not appropriate permanency options for the child2 7iii7 the child demonstrates a strong attachment to the prospective legal guardian1 and the prospective legal guardian has a strong commitment to caring permanently for the child2 and 7iv7 if the child has attained #ad years of age1 the child has been consulted regarding the legal guardianship arrangement2 or 7,b7 the alternative procedures used by the ,state to determine that legal guardianship is the appropriate option for the child4 4 #ajc4 ,renaming of program 7a7 ,in general ,the section heading of section #dgc;,a of the ,social ,security ,act 7#db ,u4,s4,c4 #fgc;b7 is amended to read as follows3 #dgc;,a4 ,adoption and legal guardianship incentive payments 4 7b7 ,conforming amendments 7#a7 ,section #dgc;,a of such ,act is amended in each of subsections 7a71 7d77#a71 7d77#b77;,a71 and 7d77#b77;,b7 7#db ,u4,s4,c4 #fgc;b7a71 7d77#a71 7d77#b77;,a71 and 7d77#b77;,b77 by inserting and legal guardianship after adoption each place it appears4 7#b7 ,the heading of section #dgc;,a7d7 of such ,act 7#db ,u4,s4,c4 #fgc;b7d77 is amended by inserting and legal guardianship after adoption4 #ajd4 ,limitation on use of incentive payments ,section #dgc;,a7f7 of the ,social ,security ,act 7#db ,u4,s4,c4 #fgc;b7f77 is amended in the #ast sentence by inserting 1 and shall use the amount to supplement1 and not supplant1 any ,federal or non-,federal funds used to provide any service under part ,b or ,e before the period4 #aje4 ,increase in period for which incentive payments are available for expenditure ,section #dgc;,a7e7 of the ,social ,security ,act 7#db ,u4,s4,c4 #fgc;b7e77 is amended-- 7#a7 in the subsection heading1 by striking #bd-month and inserting #cf-month2 and 7#b7 by striking #bd-month and inserting #cf-month4 #ajf4 ,state report on calculation and use of savings resulting from the phase-out of eligibility requirements for adoption assistance2 requirement to spend #bj percent of savings on post-adoption services ,section #dgc7;a77#h7 of the ,social ,security ,act 7#db ,u4,s4,c4 #fgc7;a77#h77 is amended to read as follows3 7#h7 7,a7 ,a ,state shall calculate the savings 7if any7 resulting from the application of paragraph 7#b77;,a77ii7 to all applicable children for a fiscal year1 using a methodology specified by the ,secretary or an alternate methodology proposed by the ,state and approved by the ,secretary4 7,b7 ,a ,state shall annually report to the ,secretary-- 7i7 the methodology used to make the calculation described in subparagraph 7,a71 without regard to whether any savings are found2 7ii7 the amount of any savings referred to in subparagraph 7,a72 and 7iii7 how any such savings are spent1 accounting for and reporting the spending separately from any other spending reported to the ,secretary under part ,b or ,e4 7,c7 ,the ,secretary shall make all information reported pursuant to subparagraph 7,b7 available on the website of the ,department of ,health and ,human ,services in a location easily accessible to the public4 7,d7 ,a ,state shall spend an amount equal to the amount of the savings 7if any7 in ,state expenditures under this part resulting from the application of paragraph 7#b77;,a77ii7 to all applicable children for a fiscal year1 to provide to children of families any service that may be provided under this part or part ,b1 and shall spend not less than #bj percent of any such savings on post-adoption services4 ,any such spending shall be used to supplement1 and not supplant1 any ,federal or non-,federal funds used to provide any service under part ,b or ,e4 4 #ajg4 ,preservation of eligibility for kinship guardianship assistance payments with a successor guardian ,section #dgc7;d77#c7 of the ,social ,security ,act 7#db ,u4,s4,c4 #fgc7;d77#c77 is amended by adding at the end the following3 7,c7 ,eligibility not affected by replacement of guardian with a successor guardian ,in the event of the death or incapacity of the relative guardian1 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 7#a7 7including in any amendment to the agreement71 notwithstanding subparagraph 7,a7 of this paragraph and section #dga7;a77#bh74 4 #ajh4 ,effective dates 7a7 ,in general ,except as otherwise provided in this section1 the amendments made by this ,act shall take effect on ,october #a1 #bjac4 7b7 ,restructuring and renaming of program 7#a7 ,in general ,the amendments made by sections #ajb and #ajc shall take effect on ,october #a1 #bjad1 subject to paragraph 7#b74 7#b7 ,transition rule ,notwithstanding any other provision of law1 the total amount payable to a ,state under section #dgc;,a of the ,social ,security ,act for fiscal year #bjad shall be an amount equal to #a_/b of the sum of-- 7,a7 the total amount that would be payable to the ,state under such section for fiscal year #bjad if the amendments made by section #ajb of this ,act had not taken effect2 and 7,b7 the total amount that would be payable to the ,state under such section for fiscal year #bjad in the absence of this paragraph4 7c7 ,preservation of eligibility for kinship guardianship assistance payments with a successor guardian ,the amendment made by section #ajg shall take effect on the date of the enactment of this ,act4 ,,ii ,extension of family connection grant program #bja4 ,extension of family connection grant program ,section #dbg7;h7 of the ,social ,security ,act 7#db ,u4,s4,c4 #fbg7;h77 is amended by striking #bjac and inserting #bjaf4 ,,iii ,unemployment compensation #cja4 ,improving the collection of unemployment insurance overpayments through tax refund offset 7a7 ,in general ,section #cjc of the ,social ,security ,act 7#db ,u4,s4,c4 #ejc7 is amended by adding at the end the following3 7m7 ,in the case of a covered unemployment compensation debt 7as defined under section #fdjb7;f77#d7 of the ,internal ,revenue ,code of #aihf7 that remains uncollected as of the date that is #b years after the date when such debt was first incurred1 the ,state to which such debt is owed shall take action to recover such debt under section #fdjb7;f7 of the ,internal ,revenue ,code of #aihf4 4 7b7 ,effective date ,the amendment made by subsection 7a7 shall take effect on ,october #a1 #bjae4