II 

108TH CONGRESS 

1ST SESSION S. 1686

To reauthorize the adoption incentive payments program under part E of 

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

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 30 (legislative day, SEPTEMBER 29), 2003

Mr. GRASSLEY (for himself, Ms. LANDRIEU, Mr. BUNNING, Mr. ROCKEFELLER, Mr. CRAIG, Mr. BAUCUS, Mr. DEWINE, Mr. LEVIN, Mr. 

INHOFE, Mr. NELSON of Nebraska, Mrs. LINCOLN, Mrs. CLINTON, and 

Mr. JEFFORDS) introduced the following bill; which was read twice and 

referred to the Committee on Finance 

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

2 and Safe Families Act of 1997 to promote com3 prehensive child welfare reform to ensure that con4 sideration of children’s safety is paramount in child 

5 welfare decisions, and to provide a greater sense of 

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

7 (2) The Adoption and Safe Families Act of 

8 1997 also created the Adoption Incentives program, 

9 which authorizes incentive payments to States to 

10 promote adoptions, with additional incentives pro11 vided for the adoption of foster children with special 

12 needs. 

13 (3) Since 1997, all States, the District of Co14 lumbia, and Puerto Rico have qualified for incentive 

15 payments for their work in promoting adoption of 

16 foster children. 

17 (4) Between 1997 and 2002, adoptions in18 creased by 64 percent, and adoptions of children 

19 with special needs increased by 63 percent; however, 

20 542,000 children remain in foster care, and 126,000 

21 are eligible for adoption. 

22 (5) Although substantial progress has been 

23 made to promote adoptions, attention should be fo24 cused on promoting adoption of older children. Re-
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1 cent data suggest that half of the children waiting 

2 to be adopted are age 9 or older. 

3 SEC. 3. REAUTHORIZATION OF ADOPTION INCENTIVE PAY4 MENTS PROGRAM. 

5 (a) IN GENERAL.—Section 473A of the Social Secu6 rity Act (42 U.S.C. 673b) is amended—

7 (1) in subsection (b)—

8 (A) by striking paragraph (2) and insert9 ing the following: 

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

11 the State during the fiscal year exceeds the base 

12 number of foster child adoptions for the State for 

13 the fiscal year; or 

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

15 State during the fiscal year exceeds the base number 

16 of older child adoptions for the State for the fiscal 

17 year;’’; 

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

19 2002’’ and inserting ‘‘through 2007’’; and 

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

21 and inserting ‘‘2007’’; 

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

23 and inserting the following: 

24 ‘‘(2) DETERMINATION OF NUMBERS OF ADOP25 TIONS BASED ON AFCARS DATA.—The Secretary 
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1 shall determine the numbers of foster child adop2 tions, of special needs adoptions that are not older 

3 child adoptions, and of older child adoptions in a 

4 State during each of fiscal years 2002 through 

5 2007, for purposes of this section, on the basis of 

6 data meeting the requirements of the system estab7 lished pursuant to section 479, as reported by the 

8 State and approved by the Secretary by August 1 of 

9 the succeeding fiscal year.’’; 

10 (3) in subsection (d)(1)—

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

12 ‘‘and’’; 

13 (B) in subparagraph (B)—

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

15 child adoptions’’ after ‘‘adoptions’’ each 

16 place it appears; and 

17 (ii) by striking the period and insert18 ing ‘‘; and’’; and 

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

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

21 any) by which the number of older child adop22 tions in the State during the fiscal year exceeds 

23 the base number of older child adoptions for the 

24 State for the fiscal year.’’; 

25 (4) in subsection (g)—
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1 (A) in paragraph (3), by striking subpara2 graphs (A) and (B) and inserting the following:

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

4 number of foster child adoptions in the State in 

5 fiscal year 2002; and 

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

7 year, the number of foster child adoptions in 

8 the State in the fiscal year for which the num9 ber is the greatest in the period that begins 

10 with fiscal year 2002 and ends with the fiscal 

11 year preceding that subsequent fiscal year.’’; 

12 (B) in paragraph (4)—

13 (i) in the paragraph heading, by in14 serting ‘‘THAT ARE NOT OLDER CHILD

15 ADOPTIONS’’ after ‘‘ADOPTIONS’’; and 

16 (ii) by striking subparagraphs (A) and 

17 (B) and inserting the following: 

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

19 number of special needs adoptions that are not 

20 older child adoptions in the State in fiscal year 

21 2002; and 

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

23 year, the number of special needs adoptions 

24 that are not older child adoptions in the State 

25 in the fiscal year for which the number is the 
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1 greatest in the period that begins with fiscal 

2 year 2002 and ends with the fiscal year pre3 ceding that subsequent fiscal year.’’; and 

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

5 ‘‘(5) BASE NUMBER OF OLDER CHILD ADOP6 TIONS.—The term ‘base number of older child adop7 tions for a State’ means—

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

9 number of older child adoptions in the State in 

10 fiscal year 2002; and 

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

12 year, the number of older child adoptions in the 

13 State in the fiscal year for which the number is 

14 the greatest in the period that begins with fiscal 

15 year 2002 and ends with the fiscal year pre16 ceding that subsequent fiscal year. 

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

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

19 child who has attained 9 years of age if—

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

21 the child was in foster care under the super22 vision of the State; or 

23 ‘‘(B) an adoption assistance agreement 

24 was in effect under section 473 with respect to 

25 the child.’’; 
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1 (5) in subsection (h)—

2 (A) in paragraph (1)—

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

4 ‘‘and’’; 

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

6 the period and inserting ‘‘; and’’; and 

7 (iii) by adding at the end the fol8 lowing: 

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

10 2004 through 2008.’’; and 

11 (B) in paragraph (2)—

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

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

14 ‘‘(1)’’; and 

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

16 ‘‘2008’’; 

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

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

19 and 

20 (7) by striking subsection (j). 

21 (b) REPORT ON ADOPTION AND OTHER PERMA22 NENCY OPTIONS FOR CHILDREN IN FOSTER CARE.—Not 

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

24 Human Services shall submit to the Committee on Ways 

25 and Means of the House of Representatives and the Com-
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1 mittee on Finance of the Senate a report on State efforts 

2 to promote adoption and other permanency options for 

3 children in foster care, with special emphasis on older chil4 dren in foster care. In preparing this report, the Secretary 

5 shall review State waiver programs and consult with rep6 resentatives from State governments, public and private 

7 child welfare agencies, and child advocacy organizations 

8 to identify promising approaches. 

9 SEC. 4. AUTHORITY TO IMPOSE PENALTIES FOR FAILURE 

10 TO SUBMIT AFCARS REPORT. 

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

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

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

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

15 for the data collection system implemented under section 

16 479, the Secretary shall, within 30 days after the date 

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

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

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

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

21 data was originally due to be so submitted. 

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

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

24 month period referred to in paragraph (1) of this sub25 section, then, notwithstanding subsection (a) of this sec-
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1 tion and any regulations promulgated under section 

2 1123A(b)(3), the Secretary shall reduce the amounts oth3 erwise payable to the State under this part, for each quar4 ter ending in the 6-month period (and each quarter ending 

5 in each subsequent consecutively occurring 6-month period 

6 until the Secretary finds that the State has submitted the 

7 data, as so required), by—

‘‘(A) 1 8 ⁄6 of 1 percent of the total amount ex9 pended by the State for administration of foster care 

10 activities under the State plan approved under this 

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

12 6-month period during which the failure continues; 

13 or 

‘‘(B) 1 14 ⁄4 of 1 percent of the total amount so ex15 pended, in the case of the 2nd or any subsequent 

16 such 6-month period.’’. 

17 SEC. 5. EFFECTIVE DATE. 

18 The amendments made by this Act shall take effect 

19 on October 1, 2003.

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