108TH CONGRESS

1ST SESSION H. R. 3182

AN ACT

To reauthorize the adoption incentive payments

program under part E of title IV of the SocialSecurity Act, and for other purposes.

108TH CONGRESS

1ST SESSION H. R. 3182

AN ACT

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,
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1 SECTION 1. SHORT TITLE.

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

3 Act of 2003’’.

4 SEC. 2. FINDINGS.

5 The Congress finds the following:

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

7 and Safe Families Act of 1997 to promote com8 prehensive child welfare reform to ensure that con9 sideration of children’s safety is paramount in child

10 welfare decisions, and to provide a greater sense of

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

12 (2) The Adoption and Safe Families Act of

13 1997 also created the Adoption Incentives program,

14 which authorizes incentive payments to States to

15 promote adoptions, with additional incentives pro16 vided for the adoption of foster children with special

17 needs.

18 (3) Since 1997, all States, the District of Co19 lumbia, and Puerto Rico have qualified for incentive

20 payments for their work in promoting adoption of

21 foster children.

22 (4) Between 1997 and 2002, adoptions in23 creased by 64 percent, and adoptions of children

24 with special needs increased by 63 percent; however,

25 542,000 children remain in foster care, and 126,000

26 are eligible for adoption.
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1 (5) Although substantial progress has been

2 made to promote adoptions, attention should be fo3 cused on promoting adoption of older children. Re4 cent data suggest that half of the children waiting

5 to be adopted are age 9 or older.

6 SEC. 3. REAUTHORIZATION OF ADOPTION INCENTIVE PAY7 MENTS PROGRAM.

8 (a) IN GENERAL.—Section 473A of the Social Secu9 rity Act (42 U.S.C. 673b) is amended—

10 (1) in subsection (b)—

11 (A) by striking paragraph (2) and insert12 ing the following:

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

14 the State during the fiscal year exceeds the base

15 number of foster child adoptions for the State for

16 the fiscal year; or

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

18 State during the fiscal year exceeds the base number

19 of older child adoptions for the State for the fiscal

20 year;’’.

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

22 2002’’ and inserting ‘‘through 2007’’; and

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

24 and inserting ‘‘2007’’;
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1 (2) in subsection (c), by striking paragraph (2)

2 and inserting the following:

3 ‘‘(2) DETERMINATION OF NUMBERS OF ADOP4 TIONS BASED ON AFCARS DATA.—The Secretary

5 shall determine the numbers of foster child adop6 tions, of special needs adoptions that are not older

7 child adoptions, and of older child adoptions in a

8 State during each of fiscal years 2002 through

9 2007, for purposes of this section, on the basis of

10 data meeting the requirements of the system estab11 lished pursuant to section 479, as reported by the

12 State and approved by the Secretary by August 1 of

13 the succeeding fiscal year.’’;

14 (3) in subsection (d)(1)—

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

16 ‘‘and’’;

17 (B) in subparagraph (B)—

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

19 child adoptions’’ after ‘‘adoptions’’ each

20 place it appears; and

21 (ii) by striking the period and insert22 ing ‘‘; and’’; and

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

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

25 any) by which the number of older child adop-
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1 tions in the State during the fiscal year exceeds

2 the base number of older child adoptions for the

3 State for the fiscal year.’’;

4 (4) in subsection (g)—

5 (A) in paragraph (3), by striking subpara6 graphs (A) and (B) and inserting the following:

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

8 number of foster child adoptions in the State in

9 fiscal year 2002; and

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

11 year, the number of foster child adoptions in

12 the State in the fiscal year for which the num13 ber is the greatest in the period that begins

14 with fiscal year 2002 and ends with the fiscal

15 year preceding that subsequent fiscal year.’’;

16 (B) in paragraph (4)—

17 (i) in the paragraph heading, by in18 serting ‘‘THAT ARE NOT OLDER CHILD

19 ADOPTIONS’’ after ‘‘ADOPTIONS’’; and

20 (ii) by striking subparagraphs (A) and

21 (B) and inserting the following:

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

23 number of special needs adoptions that are not

24 older child adoptions in the State in fiscal year

25 2002; and
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1 ‘‘(B) with respect to any subsequent fiscal

2 year, the number of special needs adoptions

3 that are not older child adoptions in the State

4 in the fiscal year for which the number is the

5 greatest in the period that begins with fiscal

6 year 2002 and ends with the fiscal year pre7 ceding that subsequent fiscal year.’’; and

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

9 ‘‘(5) BASE NUMBER OF OLDER CHILD ADOP10 TIONS.—The term ‘base number of older child adop11 tions for a State’ means—

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

13 number of older child adoptions in the State in

14 fiscal year 2002; and

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

16 year, the number of older child adoptions in the

17 State in the fiscal year for which the number is

18 the greatest in the period that begins with fiscal

19 year 2002 and ends with the fiscal year pre20 ceding that subsequent fiscal year.

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

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

23 child who has attained 9 years of age if—
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1 ‘‘(A) at the time of the adoptive placement,

2 the child was in foster care under the super3 vision of the State; or

4 ‘‘(B) an adoption assistance agreement

5 was in effect under section 473 with respect to

6 the child.’’;

7 (5) in subsection (h)—

8 (A) in paragraph (1)—

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

10 ‘‘and’’;

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

12 the period and inserting ‘‘; and’’; and

13 (iii) by adding at the end the fol14 lowing:

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

16 2004 through 2008.’’; and

17 (B) in paragraph (2)—

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

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

20 ‘‘(1)’’; and

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

22 ‘‘2008’’;

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

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

25 and
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1 (7) by striking subsection (j).

2 (b) REPORT ON ADOPTION AND OTHER PERMA3 NENCY OPTIONS FOR CHILDREN IN FOSTER CARE.—Not

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

5 Human Services shall submit to the Committee on Ways

6 and Means of the House of Representatives and the Com7 mittee on Finance of the Senate a report on State efforts

8 to promote adoption and other permanency options for

9 children in foster care, with special emphasis on older chil10 dren in foster care. In preparing this report, the Secretary

11 shall review State waiver programs and consult with rep12 resentatives from State governments, public and private

13 child welfare agencies, and child advocacy organizations

14 to identify promising approaches.

15 SEC. 4. AUTHORITY TO IMPOSE PENALTIES FOR FAILURE

16 TO SUBMIT AFCARS REPORT.

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

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

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

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

21 for the data collection system implemented under section

22 479, the Secretary shall, within 30 days after the date

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

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

25 this part will be reduced if the State fails to submit the
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1 data, as so required, within 6 months after the date the

2 data was originally due to be so submitted.

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

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

5 month period referred to in paragraph (1) of this sub6 section, then, notwithstanding subsection (a) of this sec7 tion and any regulations promulgated under section

8 1123A(b)(3), the Secretary shall reduce the amounts oth9 erwise payable to the State under this part, for each quar10 ter ending in the 6-month period (and each quarter ending

11 in each subsequent consecutively occurring 6-month period

12 until the Secretary finds that the State has submitted the

13 data, as so required), by—

‘‘(A) 1 14 ⁄6 of 1 percent of the total amount ex15 pended by the State for administration of foster care

16 activities under the State plan approved under this

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

18 6-month period during which the failure continues;

19 or

‘‘(B) 1 20 ⁄4 of 1 percent of the total amount so ex21 pended, in the case of the 2nd or any subsequent

22 such 6-month period.’’.
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1 SEC. 5. EFFECTIVE DATE.

2 The amendments made by this Act shall take effect

3 on October 1, 2003.

Passed the House of Representatives October 8,

2003.

Attest:

Clerk.