§ 673b. Adoption and legal guardianship incentive payments

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1935

   Adoption and Safe Families Act of 1997

   Pub. L. 105–89 title II § 201(a) · 111 Stat. 2115

   Enacted · 42 U.S.C. § 673b

   Aug. 14, 1935, ch. 531, title IV, § 473A, as added Pub. L. 105–89, title II, § 201(a), Nov. 19, 1997, 111 Stat. 2122

   Source evidence

   Code source credit
   Aug. 14, 1935, ch. 531, title IV, § 473A, as added Pub. L. 105–89, title II, § 201(a), Nov. 19, 1997, 111 Stat. 2122

   Enacted provision · exact public law section
   (a) In General.— Part E of title IV of the Social Security Act (42 U.S.C. 670–679) is amended by inserting after section 473 the following: “SEC. 473A. ADOPTION INCENTIVE PAYMENTS. “(a) Grant Authority.— Subject to the availability of such amounts as may be provided in advance in appropriations Acts for this purpose, the Secretary shall make a grant to each State that is an incentive-eligible State for a fiscal year in an amount equal to the adoption incentive payment payable to the State under this section for the fiscal year, which shall be payable in the immediately succeeding fiscal year. “(b) Incentive-Eligible State.— A State is an incentive-eligible State for a fiscal year if— “(1) the State has a plan approved under this part for the fiscal year; “(2) the number of foster child adoptions in the State during the fiscal year exceeds the base number of foster child adoptions for the State for the fiscal year; “(3) the State is in compliance with subsection (c) for the fiscal year; “(4) in the case of fiscal years 2001 and 2002, the State provides health insurance coverage to any child with special needs (as determined under section 473(c)) for whom there is in effect an adoption assistance agreement between a State and an adoptive parent or parents; and “(5) the fiscal year is any of fiscal years 1998 through 2002. “(c) Data Requirements.— “(1) In general.— A State is in compliance with this subsection for a fiscal year if the State has provided to the Secretary the data described in paragraph (2)— “(A) for fiscal years 1995 through 1997 (or, if the first fiscal year for which the State seeks a grant under this section is after fiscal year 1998, the fiscal year that precedes such first fiscal year); and “(B) for each succeeding fiscal year that precedes the fiscal year. “(2) Determination of numbers of adoptions.— “(A) Determinations based on afcars data.— Except as provided in subparagraph (B), the Secretary shall determine the numbers of foster child adoptions and of special needs adoptions in a State during each of fiscal years 1995 through 2002, for purposes of this section, on the basis of data meeting the requirements of the system established pursuant to section 479, as reported by the State and approved by the Secretary by August 1 of the succeeding fiscal year. “(B) Alternative data sources permitted for fiscal years 1995 through 1997.— For purposes of the determination described in subparagraph (A) for fiscal years 1995 through 1997, the Secretary may use data from a source or sources other than that specified in subparagraph (A) that the Secretary finds to be of equivalent completeness and reliability, as reported by a State by November 30, 1997, and approved by the Secretary by March 1, 1998. “(3) No waiver of afcars requirements.— This section shall not be construed to alter or affect any requirement of section 479 or of any regulation prescribed under such section with respect to reporting of data by States, or to waive any penalty tor failure to comply with such a requirement. “(d) Adoption Incentive Payment — “(1) In general.— Except as provided in paragraph (2), the adoption incentive payment payable to a State for a fiscal year under this section shall be equal to the sum of— “(A) $4,000, multiplied by the amount (if any) by which the number of foster child adoptions in the State during the fiscal year exceeds the base number of foster child adoptions for the State for the fiscal year; and “(B) $2,000, multiplied by the amount (if any) by which the number of special needs adoptions in the State during the fiscal year exceeds the base number of special needs adoptions for the State for the fiscal year. “(2) Pro rata adjustment if insufficient funds available.—For any fiscal year, if the total amount of adoption incentive payments otherwise payable under this section for a fiscal year exceeds the amount appropriated pursuant to subsection (h) for the fiscal year, the amount of the adoption incentive payment payable to each State under this section for the fiscal year shall be— “(A) the amount of the adoption incentive payment that would otherwise be payable to the State under this section for the fiscal year; multiplied by “(B) the percentage represented by the amount so appropriated for the fiscal year, divided by the total amount of adoption incentive payments otherwise payable under this section for the fiscal year. “(e) 2-Year Availability of Incentive Payments.— Payments to a State under this section in a fiscal year shall remain available for use by the State through the end of the succeeding fiscal year. “(f) Limitations on Use of Incentive Payments.— A State shall not expend an amount paid to the State under this section except to provide to children or families any service (including post-adoption services) that may be provided under part B or E. Amounts expended by a State in accordance with the preceding sentence shall be disregarded in determining State expenditures for purposes of Federal matching payments under sections 423, 434, and 474. “(g) Definitions.— As used in this section: “(1) 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. “(2) Special needs adoption.— The term ‘special needs adoption’ means the final adoption of a child for whom an adoption assistance agreement is in effect under section 473. “(3) Base number of foster child adoptions.— The term ‘base number of foster child adoptions for a State’ means— “(A) with respect to fiscal year 1998, the average number of foster child adoptions in the State in fiscal years 1995, 1996, and 1997; and “(B) with respect to any subsequent fiscal year, the number of foster child adoptions in the State in the fiscal year for which the number is the greatest in the period that begins with fiscal year 1997 and ends with the fiscal year preceding such subsequent fiscal year. “(4) Base number of special needs adoptions.— The term ‘base number of special needs adoptions for a State’ means— “(A) with respect to fiscal year 1998, the average number of special needs adoptions in the State in fiscal years 1995, 1996, and 1997; and “(B) with respect to any subsequent fiscal year, the number of special needs adoptions in the State in the fiscal year for which the number is the greatest in the period that begins with fiscal year 1997 and ends with the fiscal year preceding such subsequent fiscal year. “(h) Limitations on Authorization of Appropriations.— “(1) In general.— For grants under subsection (a), there are authorized to be appropriated to the Secretary $20,000,000 for each of fiscal years 1999 through 2003. “(2) Availability.— Amounts appropriated under paragraph (1) are authorized to remain available until expended, but not after fiscal year 2003. “(i) Technical Assistance.— “(1) In general.— The Secretary may, directly or through grants or contracts, provide technical assistance to assist States and local communities to reach their targets for increased numbers of adoptions and, to the extent that adoption is not possible, alternative permanent placements, for children in foster care. “(2) Description of the character of the technical assistance.— The technical assistance provided under paragraph (1) may support the goal of encouraging more adoptions out of the foster care system, when adoptions promote the best interests of children, and may include the following: “(A) The development of best practice guidelines for expediting termination of parental rights. “(B) Models to encourage the use of concurrent planning. “(C) The development of specialized units and expertise in moving children toward adoption as a permanency goal. “(D) The development of risk assessment tools to facilitate early identification of the children who will be at risk of harm if returned home. “(E) Models to encourage the fast tracking of children who have not attained 1 year of age into pre-adoptive placements. “(F) Development of programs that place children into pre-adoptive families without waiting for termination of parental rights. “(3) Targeting of technical assistance to the courts.— Not less than 50 percent of any amount appropriated pursuant to paragraph (4) shall be used to provide technical assistance to the courts. “(4) Limitations on authorization of appropriations.— To carry out this subsection, there are authorized to be appropriated to the Secretary of Health and Human Services not to exceed $10,000,000 for each of fiscal years 1998 through 2000”.

2. 1998

   An Act to repeal the Medicare and Medicaid Coverage Data Bank

   Pub. L. 105–200 title IV § 410(f) · 112 Stat. 645

   1. Substituted · 42 U.S.C. § 673b(c)(2)(B)

      Pub. L. 105–200 substituted “April 30, 1998” for “November 30, 1997”

   2. Substituted · 42 U.S.C. § 673b(c)(2)(B)

      Pub. L. 105–200 substituted “July 1, 1998” for “March 1, 1998”

   Source evidence

   Code amendment note
   Subsec. (c)(2)(B). Pub. L. 105–200 substituted “April 30, 1998” for “November 30, 1997” and “July 1, 1998” for “March 1, 1998”.

   Enacted provision · exact public law section
   (f) Section 473A(c)(2)(B) of the Social Security Act (42 U.S.C.673b(c)(2)(B)) is amended— (1) by striking “November 30, 1997” and inserting “April 30, 1998”; and (2) by striking “March 1, 1998” and inserting “July 1,1998”.

3. 1999

   Pub. L. 106–169 § 131(b) · 113 Stat. 1822

   Amended · 42 U.S.C. § 673b(h)(1)

   Pub. L. 106–169, § 131(b), amended heading and text of par. (1) generally. Prior to amendment, text read as follows: “For grants under subsection (a) of this section, there are authorized to be appropriated to the Secretary $20,000,000 for each of fiscal years 1999 through 2003.”

   Source evidence

   Code amendment note
   Subsec. (h)(1). Pub. L. 106–169, § 131(b), amended heading and text of par. (1) generally. Prior to amendment, text read as follows: “For grants under subsection (a) of this section, there are authorized to be appropriated to the Secretary $20,000,000 for each of fiscal years 1999 through 2003.”

   Enacted provision · exact public law section
   (b) Limitation on Authorization of Appropriations.— Section 473A(h)(1) of the Social Security Act (42 U.S.C. 673b(h)(1)) is amended to read as follows: “(1) In general.— For grants under subsection (a), there are authorized to be appropriated to the Secretary— “(A) $20,000,000 for fiscal year 1999; “(B) $43,000,000 for fiscal year 2000; and “(C) $20,000,000 for each of fiscal years 2001 through 2003.”.

4. 1999

   Pub. L. 106–169 § 131(a) · 113 Stat. 1822

   Added · 42 U.S.C. § 673b(j)

   Pub. L. 106–169, § 131(a), added subsec. (j)

   Source evidence

   Code amendment note
   Subsec. (j). Pub. L. 106–169, § 131(a), added subsec. (j).

   Enacted provision · exact public law section
   (a) Supplemental Grants.— Section 473A of the Social Security Act (42 U.S.C. 673b) is amended by adding at the end the following: “(j) Supplemental Grants.— “(1) In general.— Subject to the availability of such amounts as may be provided in advance in appropriations Acts, in addition to any amount otherwise payable under this section to any State that is an incentive-eligible State for fiscal year 1998, the Secretary shall make a grant to the State in an amount equal to the lesser of— “(A) the amount by which— “(i) the amount that would have been payable to the State under this section during fiscal year 1999 (on the basis of adoptions in fiscal year 1998) in the absence of subsection (d)(2) if sufficient funds had been available for the payment; exceeds “(ii) the amount that, before the enactment of this subsection, was payable to the State under this section during fiscal year 1999 (on such basis); or “(B) the amount that bears the same ratio to the dollar amount specified in paragraph (2) as the amount described by subparagraph (A) for the State bears to the aggregate of the amounts described by subparagraph (A) for all States that are incentive-eligible States for fiscal year 1998. “(2) Funding.— $23,000,000 of the amounts appropriated under subsection (h)(1) for fiscal year 2000 may be used for grants under paragraph (1) of this subsection.”.

5. 2003

   Adoption Promotion Act of 2003

   Pub. L. 108–145 § 3(a)(1)(A) · 117 Stat. 1879

   1. Added · 42 U.S.C. § 673b(b)(2)

      Pub. L. 108–145, § 3(a)(1)(A), added par. (2)

   2. Struck · 42 U.S.C. § 673b(b)(2)

      Pub. L. 108–145, § 3(a)(1)(A), struck out former par. (2) which read as follows: “the number of foster child adoptions in the State during the fiscal year exceeds the base number of foster child adoptions for the State for the fiscal year;”

   Source evidence

   Code amendment note
   Subsec. (b)(2). Pub. L. 108–145, § 3(a)(1)(A), added par. (2) and struck out former par. (2) which read as follows: “the number of foster child adoptions in the State during the fiscal year exceeds the base number of foster child adoptions for the State for the fiscal year;”.

   Enacted provision · exact public law section
   (A) by striking paragraph (2) and inserting the following: “(2) (A) the number of foster child adoptions in the State during the fiscal year exceeds the base number of foster child adoptions for the State for the fiscal year; or “(B) the number of older child adoptions in the State during the fiscal year exceeds the base number of older child adoptions for the State for the fiscal year;” .

6. 2003

   Adoption Promotion Act of 2003

   Pub. L. 108–145 § 3(a)(1)(B) · 117 Stat. 1879

   Substituted · 42 U.S.C. § 673b(b)(4)

   Pub. L. 108–145, § 3(a)(1)(B), substituted “through 2007” for “and 2002”

   Source evidence

   Code amendment note
   Subsec. (b)(4). Pub. L. 108–145, § 3(a)(1)(B), substituted “through 2007” for “and 2002”.

   Enacted provision · exact public law section
   (B) in paragraph (4), by striking “and 2002” and inserting “through 2007”; and

7. 2003

   Adoption Promotion Act of 2003

   Pub. L. 108–145 § 3(a)(1)(C) · 117 Stat. 1879

   Substituted · 42 U.S.C. § 673b(b)(5)

   Pub. L. 108–145, § 3(a)(1)(C), substituted “2007” for “2002”

   Source evidence

   Code amendment note
   Subsec. (b)(5). Pub. L. 108–145, § 3(a)(1)(C), substituted “2007” for “2002”.

   Enacted provision · exact public law section
   (C) in paragraph (5), by striking “2002” and inserting “2007”;

8. 2003

   Adoption Promotion Act of 2003

   Pub. L. 108–145 § 3(a)(2) · 117 Stat. 1879

   1. Added · 42 U.S.C. § 673b(c)(2)

      Pub. L. 108–145, § 3(a)(2), added par. (2)

   2. Struck · 42 U.S.C. § 673b(c)(2)

      Pub. L. 108–145, § 3(a)(2), struck out heading and text of former par. (2). Text read as follows:

   Source evidence

   Code amendment note
   Subsec. (c)(2). Pub. L. 108–145, § 3(a)(2), added par. (2) and struck out heading and text of former par. (2). Text read as follows:

   “(A) Determinations based on afcars data.—Except as provided in subparagraph (B), the Secretary shall determine the numbers of foster child adoptions and of special needs adoptions in a State during each of fiscal years 1995 through 2002, for purposes of this section, on the basis of data meeting the requirements of the system established pursuant to section 679 of this title, as reported by the State and approved by the Secretary by August 1 of the succeeding fiscal year. “(B) Alternative data sources permitted for fiscal years 1995 through 1997.—For purposes of the determination described in subparagraph (A) for fiscal years 1995 through 1997, the Secretary may use data from a source or sources other than that specified in subparagraph (A) that the Secretary finds to be of equivalent completeness and reliability, as reported by a State by April 30, 1998, and approved by the Secretary by July 1, 1998.”

   Enacted provision · exact public law section
   (2) in subsection (c), by striking paragraph (2) and inserting the following: “(2) Determination of numbers of adoptions based on afcars data.— The Secretary shall determine the numbers of foster child adoptions, of special needs adoptions that are not older child adoptions, and of older child adoptions in a State during each of fiscal years 2002 through 2007, for purposes of this section, on the basis of data meeting the requirements of the system established pursuant to section 479, as reported by the State and approved by the Secretary by August 1 of the succeeding fiscal year.” ;

9. 2003

   Adoption Promotion Act of 2003

   Pub. L. 108–145 § 3(a)(3) · 117 Stat. 1879

   1. Inserted · 42 U.S.C. § 673b(d)(1)

      Pub. L. 108–145, § 3(a)(3), inserted “that are not older child adoptions” after “adoptions” in two places in subpar. (B)

   2. Added · 42 U.S.C. § 673b(d)(1)

      Pub. L. 108–145, § 3(a)(3), added subpar. (C)

   Source evidence

   Code amendment note
   Subsec. (d)(1). Pub. L. 108–145, § 3(a)(3), inserted “that are not older child adoptions” after “adoptions” in two places in subpar. (B) and added subpar. (C).

   Enacted provision · exact public law section
   (3) in subsection (d)(1)— (A) in subparagraph (A), by striking “and”; (B) in subparagraph (B)— (i) by inserting “that are not older child adoptions” after “adoptions” each place it appears; and (ii) by striking the period and inserting “; and”; and (C) by adding at the end the following: “(C) $4,000, multiplied by the amount (if any) by which the number of older child adoptions in the State during the fiscal year exceeds the base number of older child adoptions for the State for the fiscal year.” ;

10. 2003

    Adoption Promotion Act of 2003

    Pub. L. 108–145 § 3(a)(4)(A) · 117 Stat. 1879

    1. Added · 42 U.S.C. § 673b(g)(3)(A); 42 U.S.C. § 673b(g)(3)(B)

       Pub. L. 108–145, § 3(a)(4)(A), added subpars. (A) and (B)

    2. Struck · 42 U.S.C. § 673b(g)(3)(A); 42 U.S.C. § 673b(g)(3)(B)

       Pub. L. 108–145, § 3(a)(4)(A), struck out former subpars. (A) and (B) which read as follows:

    Source evidence

    Code amendment note
    Subsec. (g)(3)(A), (B). Pub. L. 108–145, § 3(a)(4)(A), added subpars. (A) and (B) and struck out former subpars. (A) and (B) which read as follows:

    “(A) with respect to fiscal year 1998, the average number of foster child adoptions in the State in fiscal years 1995, 1996, and 1997; and “(B) with respect to any subsequent fiscal year, the number of foster child adoptions in the State in the fiscal year for which the number is the greatest in the period that begins with fiscal year 1997 and ends with the fiscal year preceding such subsequent fiscal year.”

    Enacted provision · exact public law section
    (A) in paragraph (3), by striking subparagraphs (A) and (B) and inserting the following: “(A) with respect to fiscal year 2003, the number of foster child adoptions in the State in fiscal year 2002; and “(B) with respect to any subsequent fiscal year, the number of foster child adoptions in the State in the fiscal year for which the number is the greatest in the period that begins with fiscal year 2002 and ends with the fiscal year preceding that subsequent fiscal year.” ;

11. 2003

    Adoption Promotion Act of 2003

    Pub. L. 108–145 § 3(a)(4)(B) · 117 Stat. 1879

    1. Inserted · 42 U.S.C. § 673b(g)(4)

       Pub. L. 108–145, § 3(a)(4)(B), inserted “that are not older child adoptions” after “adoptions” in heading

    2. Added · 42 U.S.C. § 673b(g)(4)

       Pub. L. 108–145, § 3(a)(4)(B), added subpars. (A) and (B)

    3. Struck · 42 U.S.C. § 673b(g)(4)

       Pub. L. 108–145, § 3(a)(4)(B), struck out former subpars. (A) and (B) which read as follows:

    Source evidence

    Code amendment note
    Subsec. (g)(4). Pub. L. 108–145, § 3(a)(4)(B), inserted “that are not older child adoptions” after “adoptions” in heading, added subpars. (A) and (B), and struck out former subpars. (A) and (B) which read as follows:

    “(A) with respect to fiscal year 1998, the average number of special needs adoptions in the State in fiscal years 1995, 1996, and 1997; and “(B) with respect to any subsequent fiscal year, the number of special needs adoptions in the State in the fiscal year for which the number is the greatest in the period that begins with fiscal year 1997 and ends with the fiscal year preceding such subsequent fiscal year.”

    Enacted provision · exact public law section
    (B) in paragraph (4)— (i) in the paragraph heading, by inserting “that are not older child adoptions” after “adoptions”; and (ii) by striking subparagraphs (A) and (B) and inserting the following: “(A) with respect to fiscal year 2003, the number of special needs adoptions that are not older child adoptions in the State in fiscal year 2002; and “(B) with respect to any subsequent fiscal year, the number of special needs adoptions that are not older child adoptions in the State in the fiscal year for which the number is the greatest in the period that begins with fiscal year 2002 and ends with the fiscal year preceding that subsequent fiscal year.” ; and

12. 2003

    Adoption Promotion Act of 2003

    Pub. L. 108–145 § 3(a)(4)(C) · 117 Stat. 1879

    Added · 42 U.S.C. § 673b(g)(5); 42 U.S.C. § 673b(g)(6)

    Pub. L. 108–145, § 3(a)(4)(C), added pars. (5) and (6)

    Source evidence

    Code amendment note
    Subsec. (g)(5), (6). Pub. L. 108–145, § 3(a)(4)(C), added pars. (5) and (6).

    Enacted provision · exact public law section
    (C) by adding at the end the following: “(5) Base number of older child adoptions.— The term ‘base number of older child adoptions for a State’ means— “(A) with respect to fiscal year 2003, the number of older child adoptions in the State in fiscal year 2002; and “(B) with respect to any subsequent fiscal year, the number of older child adoptions in the State in the fiscal year for which the number is the greatest in the period that begins with fiscal year 2002 and ends with the fiscal year preceding that subsequent fiscal year. “(6) Older child adoptions.— The term ‘older child adoptions’ means the final adoption of a child who has attained 9 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.” ;

13. 2003

    Adoption Promotion Act of 2003

    Pub. L. 108–145 § 3(a)(5)(A) · 117 Stat. 1879

    Added · 42 U.S.C. § 673b(h)(1)(D)

    Pub. L. 108–145, § 3(a)(5)(A), added subpar. (D)

    Source evidence

    Code amendment note
    Subsec. (h)(1)(D). Pub. L. 108–145, § 3(a)(5)(A), added subpar. (D).

    Enacted provision · exact public law section
    (A) in paragraph (1)— (i) in subparagraph (B), by striking “and”; (ii) in subparagraph (C), by striking the period and inserting “; and”; and (iii) by adding at the end the following: “(D) $43,000,000 for each of fiscal years 2004 through 2008.” ; and

14. 2003

    Adoption Promotion Act of 2003

    Pub. L. 108–145 § 3(a)(5)(B) · 117 Stat. 1879

    1. Inserted · 42 U.S.C. § 673b(h)(2)

       Pub. L. 108–145, § 3(a)(5)(B), inserted “, or under any other law for grants under subsection (a),” after “(1)”

    2. Substituted · 42 U.S.C. § 673b(h)(2)

       Pub. L. 108–145, § 3(a)(5)(B), substituted “2008” for “2003”

    Source evidence

    Code amendment note
    Subsec. (h)(2). Pub. L. 108–145, § 3(a)(5)(B), inserted “, or under any other law for grants under subsection (a),” after “(1)” and substituted “2008” for “2003”.

    Enacted provision · exact public law section
    (B) in paragraph (2)— (i) by inserting “, or under any other law for grants under subsection (a),” after “(1)”; and (ii) by striking “2003” and inserting “2008”;

15. 2003

    Adoption Promotion Act of 2003

    Pub. L. 108–145 § 3(a)(6) · 117 Stat. 1879

    Substituted · 42 U.S.C. § 673b(i)(4)

    Pub. L. 108–145, § 3(a)(6), substituted “2004 through 2006” for “1998 through 2000”

    Source evidence

    Code amendment note
    Subsec. (i)(4). Pub. L. 108–145, § 3(a)(6), substituted “2004 through 2006” for “1998 through 2000”.

    Enacted provision · exact public law section
    (6) in subsection (i)(4), by striking “1998 through 2000” and inserting “2004 through 2006”; and

16. 2003

    Adoption Promotion Act of 2003

    Pub. L. 108–145 § 3(a)(7) · 117 Stat. 1879

    Struck · 42 U.S.C. § 673b(j)

    Pub. L. 108–145, § 3(a)(7), struck out subsec. (j) which related to supplemental grants

    Source evidence

    Code amendment note
    Subsec. (j). Pub. L. 108–145, § 3(a)(7), struck out subsec. (j) which related to supplemental grants.

    Enacted provision · exact public law section
    (7) by striking subsection (j).

17. 2006

    Child and Family Services Improvement Act of 2006

    Pub. L. 109–288 § 6(f)(7) · 120 Stat. 1233

    Substituted · 42 U.S.C. § 673b(f)

    Pub. L. 109–288 substituted “624” for “623”

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 109–288 substituted “624” for “623”.

    Enacted provision · exact public law section
    (7) Section 473A(f) of such Act (42 U.S.C. 673b(f)) is amended by striking “423” and inserting “424”.

18. 2008

    Fostering Connections to Success and Increasing Adoptions Act of 2008

    Pub. L. 110–351 § 401(e)(3)(A) · 122 Stat. 3949

    Added · 42 U.S.C. § 673b(b)(2)(C)

    Pub. L. 110–351, § 401(e)(3)(A), added subpar. (C)

    Source evidence

    Code amendment note
    Subsec. (b)(2)(C). Pub. L. 110–351, § 401(e)(3)(A), added subpar. (C).

    Enacted provision · exact public law section
    (A) State eligibility.— Section 473A(b)(2) of such Act (42 U.S.C. 673b(b)(2)) is amended— (i) in subparagraph (A), by striking “or” at the end; (ii) in subparagraph (B), by adding “or” at the end; and (iii) by adding at the end the following: “(C) the State’s foster child adoption rate for the fiscal year exceeds the highest ever foster child adoption rate determined for the State;” .

19. 2008

    Fostering Connections to Success and Increasing Adoptions Act of 2008

    Pub. L. 110–351 § 401(a)(1) · 122 Stat. 3949

    Struck · 42 U.S.C. § 673b(b)(4)

    Pub. L. 110–351, § 401(a)(1), struck out “in the case of fiscal years 2001 through 2007,” before “the State provides”

    Source evidence

    Code amendment note
    Subsec. (b)(4). Pub. L. 110–351, § 401(a)(1), struck out “in the case of fiscal years 2001 through 2007,” before “the State provides”.

    Enacted provision · exact public law section
    (1) in subsection (b)(4), by striking “in the case of fiscal years 2001 through 2007,”;

20. 2008

    Fostering Connections to Success and Increasing Adoptions Act of 2008

    Pub. L. 110–351 § 401(a)(2) · 122 Stat. 3949

    Substituted · 42 U.S.C. § 673b(b)(5)

    Pub. L. 110–351, § 401(a)(2), substituted “2008 through 2012” for “1998 through 2007”

    Source evidence

    Code amendment note
    Subsec. (b)(5). Pub. L. 110–351, § 401(a)(2), substituted “2008 through 2012” for “1998 through 2007”.

    Enacted provision · exact public law section
    (2) in subsection (b)(5), by striking “1998 through 2007” and inserting “2008 through 2012”;

21. 2008

    Fostering Connections to Success and Increasing Adoptions Act of 2008

    Pub. L. 110–351 § 401(a)(3) · 122 Stat. 3949

    Substituted · 42 U.S.C. § 673b(c)(2)

    Pub. L. 110–351, § 401(a)(3), (e)(3)(B), substituted “during a fiscal year, and the foster child adoption rate for the State for the fiscal year,” for “during each of fiscal years 2002 through 2007”

    Source evidence

    Code amendment note
    Subsec. (c)(2). Pub. L. 110–351, § 401(a)(3), (e)(3)(B), substituted “during a fiscal year, and the foster child adoption rate for the State for the fiscal year,” for “during each of fiscal years 2002 through 2007”.

    Enacted provision · exact public law section
    (3) in subsection (c)(2), by striking “each of fiscal years 2002 through 2007” and inserting “a fiscal year”; and

22. 2008

    Fostering Connections to Success and Increasing Adoptions Act of 2008

    Pub. L. 110–351 § 401(e)(1)(A) · 122 Stat. 3949

    Substituted · 42 U.S.C. § 673b(d)(1)

    Pub. L. 110–351, § 401(e)(1)(A), substituted “paragraphs (2) and (3)” for “paragraph (2)” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (d)(1). Pub. L. 110–351, § 401(e)(1)(A), substituted “paragraphs (2) and (3)” for “paragraph (2)” in introductory provisions.

    Enacted provision · exact public law section
    (A) in paragraph (1), in the matter preceding subparagraph (A), by striking “paragraph (2)” and inserting “paragraphs (2) and (3)”;

23. 2008

    Fostering Connections to Success and Increasing Adoptions Act of 2008

    Pub. L. 110–351 § 401(c)(1) · 122 Stat. 3949

    Substituted · 42 U.S.C. § 673b(d)(1)(B)

    Pub. L. 110–351, § 401(c)(1), substituted “$4,000” for “$2,000”

    Source evidence

    Code amendment note
    Subsec. (d)(1)(B). Pub. L. 110–351, § 401(c)(1), substituted “$4,000” for “$2,000”.

    Enacted provision · exact public law section
    (1) in subparagraph (B), by striking “$2,000” and inserting “$4,000”; and

24. 2008

    Fostering Connections to Success and Increasing Adoptions Act of 2008

    Pub. L. 110–351 § 401(c)(2) · 122 Stat. 3949

    Substituted · 42 U.S.C. § 673b(d)(1)(C)

    Pub. L. 110–351, § 401(c)(2), substituted “$8,000” for “$4,000”

    Source evidence

    Code amendment note
    Subsec. (d)(1)(C). Pub. L. 110–351, § 401(c)(2), substituted “$8,000” for “$4,000”.

    Enacted provision · exact public law section
    (2) in subparagraph (C), by striking “$4,000” and inserting “$8,000”.

25. 2008

    Fostering Connections to Success and Increasing Adoptions Act of 2008

    Pub. L. 110–351 § 401(e)(1)(B) · 122 Stat. 3949

    Substituted · 42 U.S.C. § 673b(d)(2)

    Pub. L. 110–351, § 401(e)(1)(B), substituted “paragraph (1)” for “this section” wherever appearing

    Source evidence

    Code amendment note
    Subsec. (d)(2). Pub. L. 110–351, § 401(e)(1)(B), substituted “paragraph (1)” for “this section” wherever appearing.

    Enacted provision · exact public law section
    (B) in paragraph (2), by striking “this section” each place it appears and inserting “paragraph (1)”; and

26. 2008

    Fostering Connections to Success and Increasing Adoptions Act of 2008

    Pub. L. 110–351 § 401(e)(1)(C) · 122 Stat. 3949

    Added · 42 U.S.C. § 673b(d)(3)

    Pub. L. 110–351, § 401(e)(1)(C), added par. (3)

    Source evidence

    Code amendment note
    Subsec. (d)(3). Pub. L. 110–351, § 401(e)(1)(C), added par. (3).

    Enacted provision · exact public law section
    (C) by adding at the end the following: “(3) Increased incentive payment for exceeding the highest ever foster child adoption rate.— “(A) In general.— If— “(i) for fiscal year 2009 or any fiscal year thereafter the total amount of adoption incentive payments payable under paragraph (1) of this subsection are less than the amount appropriated under subsection (h) for the fiscal year; and “(ii) a State’s foster child adoption rate for that fiscal year exceeds the highest ever foster child adoption rate determined for the State, then the adoption incentive payment otherwise determined under paragraph (1) of this subsection for the State shall be increased, subject to subparagraph (C) of this paragraph, by the amount determined for the State under subparagraph (B) of this paragraph. “(B) Amount of increase.— For purposes of subparagraph (A), the amount determined under this subparagraph with respect to a State and a fiscal year is the amount equal to the product of— “(i) $1,000; and “(ii) the excess of— “(I) the number of foster child adoptions in the State in the fiscal year; over “(II) the product (rounded to the nearest whole number) of— “(aa) the highest ever foster child adoption rate determined for the State; and “(bb) the number of children in foster care under the supervision of the State on the last day of the preceding fiscal year. “(C) Pro rata adjustment if insufficient funds available.— For any fiscal year, if the total amount of increases in adoption incentive payments otherwise payable under this paragraph for a fiscal year exceeds the amount available for such increases for the fiscal year, the amount of the increase payable to each State under this paragraph for the fiscal year shall be— “(i) the amount of the increase that would otherwise be payable to the State under this paragraph for the fiscal year; multiplied by “(ii) the percentage represented by the amount so available for the fiscal year, divided by the total amount of increases otherwise payable under this paragraph for the fiscal year.” .

27. 2008

    Fostering Connections to Success and Increasing Adoptions Act of 2008

    Pub. L. 110–351 § 401(d) · 122 Stat. 3949

    1. Substituted · 42 U.S.C. § 673b(e)

       Pub. L. 110–351, § 401(d), substituted “24-month” for “2-year” in text

    2. Substituted · 42 U.S.C. § 673b(e)

       Pub. L. 110–351, § 401(d), substituted “for the 24-month period beginning with the month in which the payments are made” for “through the end of the succeeding fiscal year” in text

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 110–351, § 401(d), substituted “24-month” for “2-year” in heading and “for the 24-month period beginning with the month in which the payments are made” for “through the end of the succeeding fiscal year” in text.

    Enacted provision · exact public law section
    (d) 24-Month Availability of Payments to States.— Section 473A(e) of such Act (42 U.S.C. 673b(e)) is amended— (1) in the heading, by striking “2-Year” and inserting “24-Month”; and (2) by striking “through the end of the succeeding fiscal year” and inserting “for the 24-month period beginning with the month in which the payments are made”.

28. 2008

    Fostering Connections to Success and Increasing Adoptions Act of 2008

    Pub. L. 110–351 § 401(b)(1) · 122 Stat. 3949

    Substituted · 42 U.S.C. § 673b(g)(3)

    Pub. L. 110–351, § 401(b)(1), substituted “means, with respect to any fiscal year, the number of foster child adoptions in the State in fiscal year 2007.” for “means—

    Source evidence

    Code amendment note
    Subsec. (g)(3). Pub. L. 110–351, § 401(b)(1), substituted “means, with respect to any fiscal year, the number of foster child adoptions in the State in fiscal year 2007.” for “means—

    “(A) with respect to fiscal year 2003, the number of foster child adoptions in the State in fiscal year 2002; and “(B) with respect to any subsequent fiscal year, the number of foster child adoptions in the State in the fiscal year for which the number is the greatest in the period that begins with fiscal year 2002 and ends with the fiscal year preceding that subsequent fiscal year.”

    Enacted provision · exact public law section
    (1) in paragraph (3), by striking “means” and all that follows and inserting “means, with respect to any fiscal year, the number of foster child adoptions in the State in fiscal year 2007.”;

29. 2008

    Fostering Connections to Success and Increasing Adoptions Act of 2008

    Pub. L. 110–351 § 401(b)(2) · 122 Stat. 3949

    1. Inserted · 42 U.S.C. § 673b(g)(4)

       Pub. L. 110–351, § 401(b)(2), inserted “that are not older child adoptions” before “for a State”

    2. Substituted · 42 U.S.C. § 673b(g)(4)

       Pub. L. 110–351, § 401(b)(2), substituted “means, with respect to any fiscal year, the number of special needs adoptions that are not older child adoptions in the State in fiscal year 2007.” for “means—

    Source evidence

    Code amendment note
    Subsec. (g)(4). Pub. L. 110–351, § 401(b)(2), inserted “that are not older child adoptions” before “for a State” and substituted “means, with respect to any fiscal year, the number of special needs adoptions that are not older child adoptions in the State in fiscal year 2007.” for “means—

    “(A) with respect to fiscal year 2003, the number of special needs adoptions that are not older child adoptions in the State in fiscal year 2002; and “(B) with respect to any subsequent fiscal year, the number of special needs adoptions that are not older child adoptions in the State in the fiscal year for which the number is the greatest in the period that begins with fiscal year 2002 and ends with the fiscal year preceding that subsequent fiscal year.”

    Enacted provision · exact public law section
    (2) in paragraph (4)— (A) by inserting “that are not older child adoptions” before “for a State”; and (B) by striking “means” and all that follows and inserting “means, with respect to any fiscal year, the number of special needs adoptions that are not older child adoptions in the State in fiscal year 2007.”; and

30. 2008

    Fostering Connections to Success and Increasing Adoptions Act of 2008

    Pub. L. 110–351 § 401(b)(3) · 122 Stat. 3949

    Substituted · 42 U.S.C. § 673b(g)(5)

    Pub. L. 110–351, § 401(b)(3), substituted “means, with respect to any fiscal year, the number of older child adoptions in the State in fiscal year 2007.” for “means—

    Source evidence

    Code amendment note
    Subsec. (g)(5). Pub. L. 110–351, § 401(b)(3), substituted “means, with respect to any fiscal year, the number of older child adoptions in the State in fiscal year 2007.” for “means—

    “(A) with respect to fiscal year 2003, the number of older child adoptions in the State in fiscal year 2002; and “(B) with respect to any subsequent fiscal year, the number of older child adoptions in the State in the fiscal year for which the number is the greatest in the period that begins with fiscal year 2002 and ends with the fiscal year preceding that subsequent fiscal year.”

    Enacted provision · exact public law section
    (3) in paragraph (5), by striking “means” and all that follows and inserting “means, with respect to any fiscal year, the number of older child adoptions in the State in fiscal year 2007.”.

31. 2008

    Fostering Connections to Success and Increasing Adoptions Act of 2008

    Pub. L. 110–351 § 401(e)(2) · 122 Stat. 3949

    Added · 42 U.S.C. § 673b(g)(7); 42 U.S.C. § 673b(g)(8)

    Pub. L. 110–351, § 401(e)(2), added pars. (7) and (8)

    Source evidence

    Code amendment note
    Subsec. (g)(7), (8). Pub. L. 110–351, § 401(e)(2), added pars. (7) and (8).

    Enacted provision · exact public law section
    (2) Definitions.— Section 473A(g) of such Act (42 U.S.C. 673b(g)) is amended by adding at the end the following: “(7) Highest ever foster child adoption rate.— The term ‘highest ever foster child adoption rate’ means, with respect to any fiscal year, the highest foster child adoption rate determined for any fiscal year in the period that begins with fiscal year 2002 and ends with the preceding fiscal year. “(8) 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.” .

32. 2008

    Fostering Connections to Success and Increasing Adoptions Act of 2008

    Pub. L. 110–351 § 401(a)(4) · 122 Stat. 3949

    Substituted · 42 U.S.C. § 673b(h)(1)(D); 42 U.S.C. § 673b(h)(1)(2)

    Pub. L. 110–351, § 401(a)(4), substituted “2013” for “2008”

    Source evidence

    Code amendment note
    Subsec. (h)(1)(D), (2). Pub. L. 110–351, § 401(a)(4), substituted “2013” for “2008”.

    Enacted provision · exact public law section
    (4) in each of subsections (h)(1)(D), and (h)(2), by striking “2008” and inserting “2013”.

33. 2014

    Preventing Sex Trafficking and Strengthening Families Act

    Pub. L. 113–183 § 203(a) · 128 Stat. 1919

    Amended · 42 U.S.C. § 673b

    Pub. L. 113–183, § 203(a), amended section catchline generally. Prior to amendment, catchline read as follows: “Adoption incentive payments”

    Source evidence

    Code amendment note
    Pub. L. 113–183, § 203(a), amended section catchline generally. Prior to amendment, catchline read as follows: “Adoption incentive payments”.

    Enacted provision · exact public law section
    (a) In General.— The section heading of section 473A (42 U.S.C. 673b) is amended to read as follows: “SEC. 473A. ADOPTION AND LEGAL GUARDIANSHIP INCENTIVE PAYMENTS.” .

34. 2014

    Preventing Sex Trafficking and Strengthening Families Act

    Pub. L. 113–183 § 203(b)(1) · 128 Stat. 1919

    Inserted · 42 U.S.C. § 673b(a)

    Pub. L. 113–183, § 203(b)(1), inserted “and legal guardianship” after “adoption”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 113–183, § 203(b)(1), inserted “and legal guardianship” after “adoption”.

    Enacted provision · exact public law section
    (1) Section 473A 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.

35. 2014

    Preventing Sex Trafficking and Strengthening Families Act

    Pub. L. 113–183 § 202(a) · 128 Stat. 1919

    1. Redesignated · 42 U.S.C. § 673b(b)(2)(4)

       Pub. L. 113–183, § 202(a), redesignated pars. (3) to (5) as (2) to (4), respectively

    2. Struck · 42 U.S.C. § 673b(b)(2)(4)

       Pub. L. 113–183, § 202(a), struck out former par. (2) which read as follows:

    Source evidence

    Code amendment note
    Subsec. (b)(2) to (4). Pub. L. 113–183, § 202(a), redesignated pars. (3) to (5) as (2) to (4), respectively, and struck out former par. (2) which read as follows:

    “(A) the number of foster child adoptions in the State during the fiscal year exceeds the base number of foster child adoptions for the State for the fiscal year; “(B) the number of older child adoptions in the State during the fiscal year exceeds the base number of older child adoptions for the State for the fiscal year; or “(C) the State’s foster child adoption rate for the fiscal year exceeds the highest ever foster child adoption rate determined for the State;”.

    Enacted provision · exact public law section
    (a) Eligibility for Award.— Section 473A(b) (42 U.S.C. 673b(b)) is amended by striking paragraph (2) and redesignating paragraphs (3) through (5) as paragraphs (2) through (4), respectively.

36. 2014

    Preventing Sex Trafficking and Strengthening Families Act

    Pub. L. 113–183 § 202(a) · 128 Stat. 1919

    Redesignated · 42 U.S.C. § 673b(b)(5)

    Pub. L. 113–183, § 202(a), redesignated par. (5) as (4)

    Source evidence

    Code amendment note
    Subsec. (b)(5). Pub. L. 113–183, § 202(a), redesignated par. (5) as (4).

    Enacted provision · exact public law section
    (a) Eligibility for Award.— Section 473A(b) (42 U.S.C. 673b(b)) is amended by striking paragraph (2) and redesignating paragraphs (3) through (5) as paragraphs (2) through (4), respectively.

37. 2014

    Preventing Sex Trafficking and Strengthening Families Act

    Pub. L. 113–183 § 201(1) · 128 Stat. 1919

    Substituted · 42 U.S.C. § 673b(b)(5)

    Pub. L. 113–183, § 201(1), substituted “2013 through 2015” for “2008 through 2012”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 113–183, § 201(1), substituted “2013 through 2015” for “2008 through 2012”.

    Enacted provision · exact public law section
    (1) in subsection (b)(5), by striking “2008 through 2012” and inserting “2013 through 2015”; and

38. 2014

    Preventing Sex Trafficking and Strengthening Families Act

    Pub. L. 113–183 § 202(b) · 128 Stat. 1919

    1. Substituted · 42 U.S.C. § 673b(c)(2)

       Pub. L. 113–183, § 202(b), in heading, substituted “rates of adoptions and guardianships” for “numbers of adoptions” and, in text

    2. Substituted · 42 U.S.C. § 673b(c)(2)

       Pub. L. 113–183, § 202(b), in heading, substituted “each of the rates required to be determined under this section with respect to a State and a fiscal year,” for “the numbers of foster child adoptions, of special needs adoptions that are not older child adoptions, and of older child adoptions in a State during a fiscal year, and the foster child adoption rate for the State for the fiscal year, for purposes of this section,”

    3. Inserted · 42 U.S.C. § 673b(c)(2)

       Pub. L. 113–183, § 202(b), in heading, inserted before period at end “, and, with respect to the determination of the rates related to foster child guardianships, on the basis of information reported to the Secretary under paragraph (12) of subsection (g)”

    Source evidence

    Code amendment note
    Subsec. (c)(2). Pub. L. 113–183, § 202(b), in heading, substituted “rates of adoptions and guardianships” for “numbers of adoptions” and, in text, substituted “each of the rates required to be determined under this section with respect to a State and a fiscal year,” for “the numbers of foster child adoptions, of special needs adoptions that are not older child adoptions, and of older child adoptions in a State during a fiscal year, and the foster child adoption rate for the State for the fiscal year, for purposes of this section,” and inserted before period at end “, and, with respect to the determination of the rates related to foster child guardianships, on the basis of information reported to the Secretary under paragraph (12) of subsection (g)”.

    Enacted provision · exact public law section
    (b) Data Requirements.— Section 473A(c)(2) (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”; (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,”; and (3) by inserting before the period the following: “, and, with respect to the determination of the rates related to foster child guardianships, on the basis of information reported to the Secretary under paragraph (12) of subsection (g)”.

39. 2014

    Preventing Sex Trafficking and Strengthening Families Act

    Pub. L. 113–183 § 203(b)(2) · 128 Stat. 1919

    Inserted · 42 U.S.C. § 673b(d)

    Pub. L. 113–183, § 203(b)(2), inserted “and legal guardianship” after “Adoption” in heading

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 113–183, § 203(b)(2), inserted “and legal guardianship” after “Adoption” in heading.

    Enacted provision · exact public law section
    (2) The heading of section 473A(d) (42 U.S.C. 673b(d)) is amended by inserting “and Legal Guardianship” after “Adoption”.

40. 2014

    Preventing Sex Trafficking and Strengthening Families Act

    Pub. L. 113–183 § 203(b)(1) · 128 Stat. 1919

    Inserted · 42 U.S.C. § 673b(d)(1)

    Pub. L. 113–183, § 203(b)(1), inserted “and legal guardianship” after “adoption” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (d)(1). Pub. L. 113–183, § 203(b)(1), inserted “and legal guardianship” after “adoption” in introductory provisions.

    Enacted provision · exact public law section
    (1) Section 473A 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.

41. 2014

    Preventing Sex Trafficking and Strengthening Families Act

    Pub. L. 113–183 § 202(c)(1) · 128 Stat. 1919

    1. Added · 42 U.S.C. § 673b(d)(1)

       Pub. L. 113–183, § 202(c)(1), added subpars. (A) to (D)

    2. Struck · 42 U.S.C. § 673b(d)(1)

       Pub. L. 113–183, § 202(c)(1), struck out former subpars. (A) to (C) which read as follows:

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 113–183, § 202(c)(1), added subpars. (A) to (D) and struck out former subpars. (A) to (C) which read as follows:

    “(A) $4,000, multiplied by the amount (if any) by which the number of foster child adoptions in the State during the fiscal year exceeds the base number of foster child adoptions for the State for the fiscal year; “(B) $4,000, multiplied by the amount (if any) by which the number of special needs adoptions that are not older child adoptions in the State during the fiscal year exceeds the base number of special needs adoptions that are not older child adoptions for the State for the fiscal year; and “(C) $8,000, multiplied by the amount (if any) by which the number of older child adoptions in the State during the fiscal year exceeds the base number of older child adoptions for the State for the fiscal year.”

    Enacted provision · exact public law section
    (1) in paragraph (1), by striking subparagraphs (A) through (C) and inserting the following: “(A) $5,000, 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) $7,500, multiplied by the amount (if any) by which— “(i) the number of pre-adolescent child adoptions and pre-adolescent 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 pre-adolescent child adoptions and pre-adolescent 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 who have attained 9 years of age but not 14 years of age; and “(C) $10,000, multiplied by the amount (if any) by which— “(i) the number of older child adoptions and older 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 older child adoptions and older 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 who have attained 14 years of age; and “(D) $4,000, 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

42. 2014

    Preventing Sex Trafficking and Strengthening Families Act

    Pub. L. 113–183 § 203(b)(1) · 128 Stat. 1919

    Inserted · 42 U.S.C. § 673b(d)(2)

    Pub. L. 113–183, § 203(b)(1), inserted “and legal guardianship” after “adoption” in subpars. (A) and (B)

    Source evidence

    Code amendment note
    Subsec. (d)(2). Pub. L. 113–183, § 203(b)(1), inserted “and legal guardianship” after “adoption” in subpars. (A) and (B).

    Enacted provision · exact public law section
    (1) Section 473A 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.

43. 2014

    Preventing Sex Trafficking and Strengthening Families Act

    Pub. L. 113–183 § 202(c)(2) · 128 Stat. 1919

    1. Added · 42 U.S.C. § 673b(d)(3)

       Pub. L. 113–183, § 202(c)(2), added par. (3)

    2. Struck · 42 U.S.C. § 673b(d)(3)

       Pub. L. 113–183, § 202(c)(2), struck out former par. (3) which related to increased incentive payment for exceeding the highest ever foster child adoption rate

    Source evidence

    Code amendment note
    Subsec. (d)(3). Pub. L. 113–183, § 202(c)(2), added par. (3) and struck out former par. (3) which related to increased incentive payment for exceeding the highest ever foster child adoption rate.

    Enacted provision · exact public law section
    (2) by striking paragraph (3) and inserting the following: “(3) Increased adoption and legal guardianship incentive payment for timely adoptions.— “(A) In general.— If for any of fiscal years 2013 through 2015, the total amount of adoption and legal guardianship incentive payments payable under paragraph (1) of this subsection are less than the amount appropriated under subsection (h) for the fiscal year, then, from the remainder of the amount appropriated for the fiscal year that is not required for such payments (in this paragraph referred to as the ‘timely adoption award pool’), the Secretary shall increase the adoption incentive payment determined under paragraph (1) for each State that the Secretary determines is a timely adoption award State for the fiscal year by the award amount determined for the fiscal year under subparagraph (C). “(B) Timely adoption award state defined.— A State is a timely adoption award State for a fiscal year if the Secretary determines that, for children who were in foster care under the supervision of the State at the time of adoptive placement, the average number of months from removal of children from their home to the placement of children in finalized adoptions is less than 24 months. “(C) Award amount.— For purposes of subparagraph (A), the award amount determined under this subparagraph with respect to a fiscal year is the amount equal to the timely adoption award pool for the fiscal year divided by the number of timely adoption award States for the fiscal year.” .

44. 2014

    Preventing Sex Trafficking and Strengthening Families Act

    Pub. L. 113–183 § 205 · 128 Stat. 1919

    Substituted · 42 U.S.C. § 673b(e)

    Pub. L. 113–183, § 205, substituted “36-month” for “24-month” in heading and text

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 113–183, § 205, substituted “36-month” for “24-month” in heading and text.

    Enacted provision · exact public law section
    SEC. 205. INCREASE IN PERIOD FOR WHICH INCENTIVE PAYMENTS ARE AVAILABLE FOR EXPENDITURE.   Section 473A(e) (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”.

45. 2014

    Preventing Sex Trafficking and Strengthening Families Act

    Pub. L. 113–183 § 204 · 128 Stat. 1919

    Inserted · 42 U.S.C. § 673b(f)

    Pub. L. 113–183, § 204, inserted “, 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 period in the first sentence

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 113–183, § 204, inserted “, 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 period in the first sentence.

    Enacted provision · exact public law section
    SEC. 204. LIMITATION ON USE OF INCENTIVE PAYMENTS.   Section 473A(f) (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.

46. 2014

    Preventing Sex Trafficking and Strengthening Families Act

    Pub. L. 113–183 § 202(d) · 128 Stat. 1919

    1. Added · 42 U.S.C. § 673b(g)

       Pub. L. 113–183, § 202(d), added pars. (1) to (12)

    2. Struck · 42 U.S.C. § 673b(g)

       Pub. L. 113–183, § 202(d), struck out former pars. (1) to (8) which defined “foster child adoption”, “special needs adoption”, “base number of foster child adoptions for a State”, “base number of special needs adoptions that are not older child adoptions for a State”, “base number of older child adoptions for a State”, “older child adoptions”, “highest ever foster child adoption rate”, and “foster child adoption rate”, respectively

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 113–183, § 202(d), added pars. (1) to (12) and struck out former pars. (1) to (8) which defined “foster child adoption”, “special needs adoption”, “base number of foster child adoptions for a State”, “base number of special needs adoptions that are not older child adoptions for a State”, “base number of older child adoptions for a State”, “older child adoptions”, “highest ever foster child adoption rate”, and “foster child adoption rate”, respectively.

    Enacted provision · exact public law section
    (d) Definitions.— Section 473A(g) (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 the then immediately preceding fiscal year; or “(B) the foster child adoption rate for the State for the average of the then immediately preceding 3 fiscal years. “(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 and pre-adolescent foster child guardianship rate.— The term ‘pre-adolescent child adoption and pre-adolescent foster child guardianship rate’ means, with respect to a State and a fiscal year, the percentage determined by dividing— “(A) the number of pre-adolescent child adoptions and pre-adolescent foster child guardianships 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 and pre-adolescent foster child guardianships.— The term ‘base rate of pre-adolescent child adoptions and pre-adolescent foster child guardianships’ means, with respect to a State and a fiscal year, the lesser of— “(A) the pre-adolescent child adoption and pre-adolescent foster child guardianship rate for the State for the then immediately preceding fiscal year; or “(B) the pre-adolescent child adoption and pre-adolescent foster child guardianship rate for the State for the average of the then immediately preceding 3 fiscal years. “(6) Pre-adolescent child adoption and pre-adolescent foster child guardianship.— The term ‘pre-adolescent child adoption and pre-adolescent foster child guardianship’ means the final adoption, or the placement into foster child guardianship (as defined in paragraph (12)) of a child who has attained 9 years of age but not 14 years of age if— “(A) at the time of the adoptive or foster child guardianship 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(a) with respect to the child. “(7) Older child adoption and older foster child guardianship rate.— The term ‘older child adoption and older foster child guardianship rate’ means, with respect to a State and a fiscal year, the percentage determined by dividing— “(A) the number of older child adoptions and older foster child guardianships 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 and older foster child guardianships.— The term ‘base rate of older child adoptions and older foster child guardianships’ means, with respect to a State and a fiscal year, the lesser of— “(A) the older child adoption and older foster child guardianship rate for the State for the then immediately preceding fiscal year; or “(B) the older child adoption and older foster child guardianship rate for the State for the average of the then immediately preceding 3 fiscal years. “(9) Older child adoption and older foster child guardianship.— The term ‘older child adoption and older foster child guardianship’ means the final adoption, or the placement into foster child guardianship (as defined in paragraph (12)) of a child who has attained 14 years of age if— “(A) at the time of the adoptive or foster child guardianship 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(a) 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 the then immediately preceding fiscal year; or “(B) the foster child guardianship rate for the State for the average of the then immediately preceding 3 fiscal years. “(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.” .

47. 2014

    Preventing Sex Trafficking and Strengthening Families Act

    Pub. L. 113–183 § 201(2) · 128 Stat. 1919

    Substituted · 42 U.S.C. § 673b(h)(1)(D); 42 U.S.C. § 673b(h)(1)(2)

    Pub. L. 113–183, § 201(2), substituted “2016” for “2013”

    Source evidence

    Code amendment note
    Subsec. (h)(1)(D), (2). Pub. L. 113–183, § 201(2), substituted “2016” for “2013”.

    Enacted provision · exact public law section
    (2) in each of paragraphs (1)(D) and (2) of subsection (h), by striking “2013” and inserting “2016”.

48. 2018

    Bipartisan Budget Act of 2018

    Pub. L. 115–123 § 50761(a)(1) · 132 Stat. 64

    Substituted · 42 U.S.C. § 673b(b)(4)

    Pub. L. 115–123, § 50761(a)(1), substituted “2016 through 2020” for “2013 through 2015”

    Source evidence

    Code amendment note
    Subsec. (b)(4). Pub. L. 115–123, § 50761(a)(1), substituted “2016 through 2020” for “2013 through 2015”.

    Enacted provision · exact public law section
    (1) in subsection (b)(4), by striking “2013 through 2015” and inserting “2016 through 2020”;

    Effective date note
    Pub. L. 115–123, div. E, title VII, § 50761(b), Feb. 9, 2018, 132 Stat. 267, provided that: “The amendments made by subsection (a) [amending this section] shall take effect as if enacted on October 1, 2017.”

49. 2018

    Bipartisan Budget Act of 2018

    Pub. L. 115–123 § 50761(a)(2) · 132 Stat. 64

    Substituted · 42 U.S.C. § 673b(h)(1)(D)

    Pub. L. 115–123, § 50761(a)(2), substituted “2021” for “2016”

    Source evidence

    Code amendment note
    Subsec. (h)(1)(D). Pub. L. 115–123, § 50761(a)(2), substituted “2021” for “2016”.

    Enacted provision · exact public law section
    (2) in subsection (h)(1)(D), by striking “2016” and inserting “2021”; and

    Effective date note
    Pub. L. 115–123, div. E, title VII, § 50761(b), Feb. 9, 2018, 132 Stat. 267, provided that: “The amendments made by subsection (a) [amending this section] shall take effect as if enacted on October 1, 2017.”

50. 2018

    Bipartisan Budget Act of 2018

    Pub. L. 115–123 § 50761(a)(3) · 132 Stat. 64

    Substituted · 42 U.S.C. § 673b(h)(2)

    Pub. L. 115–123, § 50761(a)(3), substituted “2021” for “2016”

    Source evidence

    Code amendment note
    Subsec. (h)(2). Pub. L. 115–123, § 50761(a)(3), substituted “2021” for “2016”.

    Enacted provision · exact public law section
    (3) in subsection (h)(2), by striking “2016” and inserting “2021”.

    Effective date note
    Pub. L. 115–123, div. E, title VII, § 50761(b), Feb. 9, 2018, 132 Stat. 267, provided that: “The amendments made by subsection (a) [amending this section] shall take effect as if enacted on October 1, 2017.”

66 of 66 references resolved to an enrolled provision