I 

108TH CONGRESS 

1ST SESSION H. R. 3182

To reauthorize the adoption incentive payments program under part E of 

title IV of the Social Security Act, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 25, 2003

Mr. CAMP (for himself, Mr. CARDIN, Mr. HERGER, Mr. DELAY, Mr. STARK, 

Mr. CANTOR, Mr. MCDERMOTT, Mr. ENGLISH, and Mr. MCINNIS) introduced the following bill; which was referred to the Committee on Ways 

and Means 

A BILL

To reauthorize the adoption incentive payments program 

under part E of title IV of the Social Security Act, 

and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Adoption Promotion 

5 Act of 2003’’. 

6 SEC. 2. FINDINGS. 

7 The Congress finds the following: 

8 (1) In 1997, the Congress passed the Adoption 

9 and Safe Families Act of 1997 to promote com-
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1 prehensive child welfare reform to ensure that con2 sideration of children’s safety is paramount in child 

3 welfare decisions, and to provide a greater sense of 

4 urgency to find every child a safe, permanent home. 

5 (2) The Adoption and Safe Families Act of 

6 1997 also created the Adoption Incentives program, 

7 which authorizes incentive payments to States to 

8 promote adoptions, with additional incentives pro9 vided for the adoption of foster children with special 

10 needs. 

11 (3) Since 1997, all States, the District of Co12 lumbia, and Puerto Rico have qualified for incentive 

13 payments for their work in promoting adoption of 

14 foster children. 

15 (4) Between 1997 and 2002, adoptions in16 creased by 64 percent, and adoptions of children 

17 with special needs increased by 63 percent; however, 

18 542,000 children remain in foster care, and 126,000 

19 are eligible for adoption. 

20 (5) Although substantial progress has been 

21 made to promote adoptions, attention should be fo22 cused on promoting adoption of older children. Re23 cent data suggest that half of the children waiting 

24 to be adopted are age 9 or older. 
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1 SEC. 3. REAUTHORIZATION OF ADOPTION INCENTIVE PAY2 MENTS PROGRAM. 

3 (a) IN GENERAL.—Section 473A of the Social Secu4 rity Act (42 U.S.C. 673b) is amended—

5 (1) in subsection (b)—

6 (A) by striking paragraph (2) and insert7 ing the following: 

8 ‘‘(2)(A) the number of foster child adoptions in 

9 the State during the fiscal year exceeds the base 

10 number of foster child adoptions for the State for 

11 the fiscal year; or 

12 ‘‘(B) the number of older child adoptions in the 

13 State during the fiscal year exceeds the base number 

14 of older child adoptions for the State for the fiscal 

15 year;’’. 

16 (B) in paragraph (4), by striking ‘‘and 

17 2002’’ and inserting ‘‘through 2007’’; and 

18 (C) in paragraph (5), by striking ‘‘2002’’ 

19 and inserting ‘‘2007’’; 

20 (2) in subsection (c), by striking paragraph (2) 

21 and inserting the following: 

22 ‘‘(2) DETERMINATION OF NUMBERS OF ADOP23 TIONS BASED ON AFCARS DATA.—The Secretary 

24 shall determine the numbers of foster child adop25 tions, of special needs adoptions that are not older 

26 child adoptions, and of older child adoptions in a 
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1 State during each of fiscal years 2002 through 

2 2007, for purposes of this section, on the basis of 

3 data meeting the requirements of the system estab4 lished pursuant to section 479, as reported by the 

5 State and approved by the Secretary by August 1 of 

6 the succeeding fiscal year.’’; 

7 (3) in subsection (d)(1)—

8 (A) in subparagraph (A), by striking 

9 ‘‘and’’; 

10 (B) in subparagraph (B)—

11 (i) by inserting ‘‘that are not older 

12 child adoptions’’ after ‘‘adoptions’’ each 

13 place it appears; and 

14 (ii) by striking the period and insert15 ing ‘‘; and’’; and 

16 (C) by adding at the end the following: 

17 ‘‘(C) $4,000, multiplied by the amount (if 

18 any) by which the number of older child adop19 tions in the State during the fiscal year exceeds 

20 the base number of older child adoptions for the 

21 State for the fiscal year.’’; 

22 (4) in subsection (g)—

23 (A) in paragraph (3), by striking subpara24 graphs (A) and (B) and inserting the following: 
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1 ‘‘(A) with respect to fiscal year 2003, the 

2 number of foster child adoptions in the State in 

3 fiscal year 2002; and 

4 ‘‘(B) with respect to any subsequent fiscal 

5 year, the number of foster child adoptions in 

6 the State in the fiscal year for which the num7 ber is the greatest in the period that begins 

8 with fiscal year 2002 and ends with the fiscal 

9 year preceding that subsequent fiscal year.’’; 

10 (B) in paragraph (4)—

11 (i) in the paragraph heading, by in12 serting ‘‘THAT ARE NOT OLDER CHILD

13 ADOPTIONS’’ after ‘‘ADOPTIONS’’; and 

14 (ii) by striking subparagraphs (A) and 

15 (B) and inserting the following: 

16 ‘‘(A) with respect to fiscal year 2003, the 

17 number of special needs adoptions that are not 

18 older child adoptions in the State in fiscal year 

19 2002; and 

20 ‘‘(B) with respect to any subsequent fiscal 

21 year, the number of special needs adoptions 

22 that are not older child adoptions in the State 

23 in the fiscal year for which the number is the 

24 greatest in the period that begins with fiscal 
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1 year 2002 and ends with the fiscal year pre2 ceding that subsequent fiscal year.’’; and 

3 (C) by adding at the end the following: 

4 ‘‘(5) BASE NUMBER OF OLDER CHILD ADOP5 TIONS.—The term ‘base number of older child adop6 tions for a State’ means—

7 ‘‘(A) with respect to fiscal year 2003, the 

8 number of older child adoptions in the State in 

9 fiscal year 2002; and 

10 ‘‘(B) with respect to any subsequent fiscal 

11 year, the number of older child adoptions in the 

12 State in the fiscal year for which the number is 

13 the greatest in the period that begins with fiscal 

14 year 2002 and ends with the fiscal year pre15 ceding that subsequent fiscal year. 

16 ‘‘(6) OLDER CHILD ADOPTIONS.—The term 

17 ‘older child adoptions’ means the final adoption of a 

18 child who has attained 9 years of age if—

19 ‘‘(A) at the time of the adoptive placement, 

20 the child was in foster care under the super21 vision of the State; or 

22 ‘‘(B) an adoption assistance agreement 

23 was in effect under section 473 with respect to 

24 the child.’’; 

25 (5) in subsection (h)—
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1 (A) in paragraph (1)—

2 (i) in subparagraph (B), by striking 

3 ‘‘and’’; 

4 (ii) in subparagraph (C), by striking 

5 the period and inserting ‘‘; and’’; and 

6 (iii) by adding at the end the fol7 lowing: 

8 ‘‘(D) $43,000,000 for each of fiscal years 

9 2004 through 2008.’’; and 

10 (B) in paragraph (2)—

11 (i) by inserting ‘‘, or under any other 

12 law for grants under subsection (a),’’ after 

13 ‘‘(1)’’; and 

14 (ii) by striking ‘‘2003’’ and inserting 

15 ‘‘2008’’; 

16 (6) in subsection (i)(4), by striking ‘‘1998 

17 through 2000’’ and inserting ‘‘2004 through 2006’’; 

18 and 

19 (7) by striking subsection (j). 

20 (b) REPORT ON ADOPTION AND OTHER PERMA21 NENCY OPTIONS FOR CHILDREN IN FOSTER CARE.—Not 

22 later than October 1, 2004, the Secretary of Health and 

23 Human Services shall submit to the Committee on Ways 

24 and Means of the House of Representatives and the Com25 mittee on Finance of the Senate a report on State efforts 
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1 to promote adoption and other permanency options for 

2 children in foster care, with special emphasis on older chil3 dren in foster care. In preparing this report, the Secretary 

4 shall review State waiver programs and consult with rep5 resentatives from State governments, public and private 

6 child welfare agencies, and child advocacy organizations 

7 to identify promising approaches. 

8 SEC. 4. AUTHORITY TO IMPOSE PENALTIES FOR FAILURE 

9 TO SUBMIT AFCARS REPORT. 

10 Section 474 of the Social Security Act (42 U.S.C. 

11 674) is amended by adding at the end the following: 

12 ‘‘(f)(1) If the Secretary finds that a State has failed 

13 to submit to the Secretary data, as required by regulation, 

14 for the data collection system implemented under section 

15 479, the Secretary shall, within 30 days after the date 

16 by which the data was due to be so submitted, notify the 

17 State of the failure and that payments to the State under 

18 this part will be reduced if the State fails to submit the 

19 data, as so required, within 6 months after the date the 

20 data was originally due to be so submitted. 

21 ‘‘(2) If the Secretary finds that the State has failed 

22 to submit the data, as so required, by the end of the 6-

23 month period referred to in paragraph (1) of this sub24 section, then, notwithstanding subsection (a) of this sec25 tion and any regulations promulgated under section 
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1 1123A(b)(3), the Secretary shall reduce the amounts oth2 erwise payable to the State under this part, for each quar3 ter ending in the 6-month period (and each quarter ending 

4 in each subsequent consecutively occurring 6-month period 

5 until the Secretary finds that the State has submitted the 

6 data, as so required), by—

‘‘(A) 1 7 ⁄6 of 1 percent of the total amount ex8 pended by the State for administration of foster care 

9 activities under the State plan approved under this 

10 part in the quarter so ending, in the case of the 1st 

11 6-month period during which the failure continues; 

12 or 

‘‘(B) 1 13 ⁄4 of 1 percent of the total amount so ex14 pended, in the case of the 2nd or any subsequent 

15 such 6-month period.’’. 

16 SEC. 5. EFFECTIVE DATE. 

17 The amendments made by this Act shall take effect 

18 on October 1, 2003.

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