In the Senate of the United States,
November 8, 1997.
Resolved, That the bill from the House of Representa-
tives (H.R. 867) entitled ‘‘An Act to promote the adoption
of children in foster care.’’, do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the ‘‘Pro-
motion of Adoption, Safety, and Support for Abused and
Neglected Children (PASS) Act’’.
(b) TABLE OF CONTENTS.—The table of contents of this
Act is as follows:
Sec. 1. Short title; table of contents.
TITLE I—REASONABLE EFFORTS AND SAFETY REQUIREMENTS FOR
FOSTER CARE AND ADOPTION PLACEMENTS
Sec. 101. Clarification of the reasonable efforts requirement.
Sec. 102. Including safety in case plan and case review system requirements.
Sec. 103. Multidisciplinary/multiagency child death review teams.
Sec. 104. States required to initiate or join proceedings to terminate parental
rights for certain children in foster care.
Sec. 105. Notice of reviews and hearings; opportunity to be heard.
Sec. 106. Use of the Federal Parent Locator Service for child welfare services.
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Sec. 107. Criminal records checks for prospective foster and adoptive parents and
group care staff.
Sec. 108. Documentation of efforts for adoption or location of a permanent home.
TITLE II—INCENTIVES FOR PROVIDING PERMANENT FAMILIES FOR
CHILDREN
Sec. 201. Adoption incentive payments.
Sec. 202. Adoptions across State and county jurisdictions.
Sec. 203. State performance in protecting children.
TITLE III—ADDITIONAL IMPROVEMENTS AND REFORMS
Sec. 301. Expansion of child welfare demonstration projects.
Sec. 302. Permanency planning hearings.
Sec. 303. Kinship care.
Sec. 304. Clarification of eligible population for independent living services.
Sec. 305. Reauthorization and expansion of family preservation and support
services.
Sec. 306. Health insurance coverage for children with special needs.
Sec. 307. Continuation of eligibility for adoption assistance payments on behalf
of children with special needs whose initial adoption has been
disrupted.
Sec. 308. State standards to ensure quality services for children in foster care.
TITLE IV—MISCELLANEOUS
Sec. 401. Preservation of reasonable parenting.
Sec. 402. Reporting requirements.
Sec. 403. Sense of Congress regarding standby guardianship.
TITLE I—REASONABLE EFFORTS
AND SAFETY REQUIREMENTS
FOR FOSTER CARE AND ADOP-
TION PLACEMENTS
SEC. 101. CLARIFICATION OF THE REASONABLE EFFORTS
REQUIREMENT.
(a) IN GENERAL.—Section 471(a)(15) of the Social Se-
curity Act (42 U.S.C. 671(a)(15)) is amended to read as
follows:
‘‘(15) provides that—
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‘‘(A) in determining reasonable efforts, as
described in this section, the child’s health and
safety shall be the paramount concern;
‘‘(B) reasonable efforts shall be made to pre-
serve and reunify families—
‘‘(i) prior to the placement of a child
in foster care, to prevent or eliminate the
need for removing the child from the child’s
home when the child can be cared for at
home without endangering the child’s health
or safety; or
‘‘(ii) to make it possible for the child
to safely return to the child’s home;
‘‘(C) reasonable efforts shall not be required
on behalf of any parent—
‘‘(i) if a court of competent jurisdiction
has made a determination that the parent
has—
‘‘(I) committed murder (which
would have been an offense under sec-
tion 1111(a) of title 18, United States
Code, if the offense had occurred in the
special maritime or territorial juris-
diction of the United States) of another
child of the parent;
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‘‘(II) committed voluntary man-
slaughter (which would have been an
offense under section 1112(a) of title
18, United States Code, if the offense
had occurred in the special maritime
or territorial jurisdiction of the United
States) of another child of the parent;
‘‘(III) aided or abetted, attempted,
conspired, or solicited to commit such
murder or voluntary manslaughter; or
‘‘(IV) committed a felony assault
that results in serious bodily injury to
the child or another child of the parent;
‘‘(ii) if a court of competent jurisdic-
tion determines that returning the child to
the home of the parent would pose a serious
risk to the child’s health or safety (including
but not limited to cases of abandonment,
torture, chronic physical abuse, sexual
abuse, or a previous involuntary termi-
nation of parental rights with respect to a
sibling of the child); or
‘‘(iii) if the State, through legislation,
has specified cases in which the State is not
required to make reasonable efforts because
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of serious circumstances that endanger a
child’s health or safety;
‘‘(D) if reasonable efforts of the type de-
scribed in subparagraph (B) are not made as a
result of a determination made by a court of
competent jurisdiction in accordance with sub-
paragraph (C)—
‘‘(i) a permanency planning hearing
(as described in section 475(5)(C)) shall be
held for the child within 30 days of such de-
termination; and
‘‘(ii) reasonable efforts shall be made to
place the child in a timely manner in ac-
cordance with the permanency plan, and to
complete whatever steps are necessary to fi-
nalize the permanent placement of the child;
and
‘‘(E) reasonable efforts to place a child for
adoption or with a legal guardian or custodian
may be made concurrently with reasonable ef-
forts of the type described in subparagraph
(B);’’.
(b) CONFORMING AMENDMENT.—Section 472(a)(1) of
such Act (42 U.S.C. 672(a)(1)) is amended by inserting ‘‘for
a child’’ before ‘‘have been made’’.
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(c) RULE OF CONSTRUCTION.—Nothing in part E of
title IV of the Social Security Act (42 U.S.C. 670 et seq.),
as amended by this Act, shall be construed as precluding
State courts from exercising their discretion to protect the
health and safety of children in individual cases, when such
cases do not include aggravated circumstances, as defined
by State law.
SEC. 102. INCLUDING SAFETY IN CASE PLAN AND CASE RE-
VIEW SYSTEM REQUIREMENTS.
Title IV of the Social Security Act (42 U.S.C. 601 et
seq.) is amended—
(1) in section 422(b)(10)(B) (as redesignated by
section 5592(a)(1)(A)(iii) of the Balanced Budget Act
of 1997 (Public Law 105–33; 111 Stat. 644))—
(A) in clause (iii)(I), by inserting ‘‘safe
and’’ after ‘‘where’’; and
(B) in clause (iv), by inserting ‘‘safely’’
after ‘‘remain’’; and
(2) in section 475—
(A) in paragraph (1)—
(i) in subparagraph (A), by inserting
‘‘safety and’’ after ‘‘discussion of the’’; and
(ii) in subparagraph (B)—
(I) by inserting ‘‘safe and’’ after
‘‘child receives’’; and
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(II) by inserting ‘‘safe’’ after ‘‘re-
turn of the child to his own’’; and
(B) in paragraph (5)—
(i) in subparagraph (A), in the matter
preceding clause (i), by inserting ‘‘a safe
setting that is’’ after ‘‘placement in’’; and
(ii) in subparagraph (B)—
(I) by inserting ‘‘the safety of the
child,’’ after ‘‘determine’’; and
(II) by inserting ‘‘and safely
maintained in’’ after ‘‘returned to’’.
SEC. 
103. 
MULTIDISCIPLINARY/MULTIAGENCY 
CHILD
DEATH REVIEW TEAMS.
(a) STATE CHILD DEATH REVIEW TEAMS.—Section
471 of the Social Security Act (42 U.S.C. 671) is amended
by adding at the end the following:
‘‘(c)(1) In order to investigate and prevent child death
from fatal abuse and neglect, not later than 2 years after
the date of the enactment of this subsection, a State, in
order to be eligible for payments under this part, shall sub-
mit to the Secretary a certification that the State has estab-
lished and is maintaining, in accordance with applicable
confidentiality laws, a State child death review team, and
if necessary in order to cover all counties in the State, child
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death review teams on the regional or local level, that shall
review child deaths, including deaths in which—
‘‘(A) there is a record of a prior report of child
abuse or neglect or there is reason to suspect that the
child death was caused by, or related to, child abuse
or neglect; or
‘‘(B) the child who died was a ward of the State
or was otherwise known to the State or local child
welfare service agency.
‘‘(2) A citizen review panel established in accordance
with section 106(c) of the Child Abuse Prevention and
Treatment Act (42 U.S.C. 5106a(c)) or a foster care review
board may be a State, regional, or local child death review
team for purposes of satisfying the requirements of para-
graph (1).’’.
(b) FEDERAL CHILD DEATH REVIEW TEAM.—Section
471 of the Social Security Act (42 U.S.C. 671), as amended
by subsection (a), is amended by adding at the end the fol-
lowing:
‘‘(d)(1) The Secretary shall establish a Federal child
death review team that shall consist of at least the following:
‘‘(A) Representatives of the following Federal
agencies who have expertise in the prevention or
treatment of child abuse and neglect:
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‘‘(i) Department of Health and Human
Services.
‘‘(ii) Department of Justice.
‘‘(iii) Bureau of Indian Affairs.
‘‘(iv) Department of Defense.
‘‘(v) Bureau of the Census.
‘‘(B) Representatives of national child-serving
organizations who have expertise in the prevention or
treatment of child abuse and neglect and that, at a
minimum, represent the health, child welfare, social
services, and law enforcement fields.
‘‘(2) The Federal child death review team established
under this subsection shall—
‘‘(A) review reports of child deaths on military
installations and other Federal lands, and coordinate
with Indian tribal organizations in the review of
child deaths on Indian reservations;
‘‘(B) upon request, provide guidance and tech-
nical assistance to States and localities seeking to ini-
tiate or improve child death review teams and to pre-
vent child fatalities; and
‘‘(C) develop recommendations on related policy
and procedural issues for Congress, relevant Federal
agencies, and States and localities for the purpose of
preventing child fatalities.’’.
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SEC. 104. STATES REQUIRED TO INITIATE OR JOIN PRO-
CEEDINGS TO TERMINATE PARENTAL RIGHTS
FOR CERTAIN CHILDREN IN FOSTER CARE.
(a) 
REQUIREMENT
FOR
PROCEEDINGS.—Section
475(5) of the Social Security Act (42 U.S.C. 675(5)) is
amended—
(1) by striking ‘‘and’’ at the end of subpara-
graph (C);
(2) by striking the period at the end of subpara-
graph (D) and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(E) in the case of a child who has been in
foster care under the responsibility of the State
for 12 of the most recent 18 months, or, if a
court of competent jurisdiction has determined
an infant to have been abandoned (as defined
under State law), or made a determination that
the parent has committed murder of another
child of such parent, committed voluntary man-
slaughter of another child of such parent, aided
or abetted, attempted, conspired, or solicited to
commit such murder or voluntary manslaughter,
or committed a felony assault that results in se-
rious bodily injury to the surviving child or to
another child of such parent, the State shall file
a petition to terminate the parental rights of the
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child’s parents (or, if such a petition has been
filed by another party, seek to be joined as a
party to the petition), and, concurrently, to
identify, recruit, process, and approve a quali-
fied family for an adoption, unless—
‘‘(i) at the option of the State, the child
is being cared for by a relative;
‘‘(ii) a State agency has documented to
a State court a compelling reason for deter-
mining that filing such a petition would
not be in the best interests of the child; or
‘‘(iii) the State has not provided to the
family of the child such services as the State
deems necessary for the safe return of the
child to the child’s home.’’.
(b) DETERMINATION
OF
BEGINNING
OF
FOSTER
CARE.—Section 475(5) of the Social Security Act (42
U.S.C. 675(5)), as amended by subsection (a), is amended—
(1) by striking ‘‘and’’ at the end of subpara-
graph (D);
(2) by striking the period at the end of subpara-
graph (E) and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(F) a child shall be considered to have en-
tered foster care on the earlier of—
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‘‘(i) the date of the first judicial hear-
ing on removal of the child from the home;
or
‘‘(ii) that date that is 30 days after the
date on which the child is removed from the
home.’’.
(c) RULE OF CONSTRUCTION.—Nothing in part E of
title IV of the Social Security Act (42 U.S.C. 670 et seq.),
as amended by this Act, shall be construed as precluding
State courts or State agencies from initiating the termi-
nation of parental rights for reasons other than, or for
timelines earlier than, those specified in part E of title IV
of such Act, when such actions are determined to be in the
best interests of the child, including cases where the child
has experienced multiple foster care placements of varying
durations .
(d) EFFECTIVE DATES.—
(1) IN GENERAL.—Except as provided in para-
graphs (2) and (3), the amendments made by this sec-
tion shall apply to children entering foster care under
the responsibility of the State after the date of enact-
ment of this Act.
(2) TRANSITION
RULE
FOR
CURRENT
AND
FORMER FOSTER CARE CHILDREN.—Subject to para-
graph (3), the amendments made by subsection (a)
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shall apply to children in foster care under the re-
sponsibility of the State on or before the date of enact-
ment of this Act as though those children first entered
foster care on the date of enactment of this Act.
(3) DELAY PERMITTED IF STATE LEGISLATION
REQUIRED.—The provisions of section 501(b) shall
apply to the effective date of the amendments made by
this section.
SEC. 105. NOTICE OF REVIEWS AND HEARINGS; OPPOR-
TUNITY TO BE HEARD.
Section 475(5) of the Social Security Act (42 U.S.C.
675(5)), as amended by section 104(b), is amended—
(1) by striking ‘‘and’’ at the end of subpara-
graph (E);
(2) by striking the period at the end of subpara-
graph (F) and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(G) the foster parents (if any) of a child
and any preadoptive parent, relative providing
care for the child, or any other individual who
has provided substitute care for the child are
provided with notice of, and an opportunity to
be heard in, any review or hearing to be held
with respect to the child, except that this sub-
paragraph shall not be construed to require that
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any foster parent, preadoptive parent, relative
providing care for the child, or other individual
who has provided substitute care for the child be
made a party to such a review or hearing solely
on the basis of such notice and opportunity to be
heard.’’.
SEC. 106. USE OF THE FEDERAL PARENT LOCATOR SERVICE
FOR CHILD WELFARE SERVICES.
Section 453 of the Social Security Act (42 U.S.C. 653),
as amended by section 5534(a) of the Balanced Budget Act
of 1997, is amended—
(1) in subsection (a)(2)—
(A) in the matter preceding subparagraph
(A), by inserting ‘‘or making or enforcing child
custody or visitation orders,’’ after ‘‘obliga-
tions,’’; and
(B) in subparagraph (A)—
(i) by striking ‘‘or’’ at the end of clause
(ii);
(ii) by striking the comma at the end
of clause (iii) and inserting ‘‘; or’’; and
(iii) by inserting after clause (iii) the
following:
‘‘(iv) who has or may have parental
rights with respect to a child,’’; and
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or adoptive parent, or the residential child-care insti-
tution may be finally approved for placement of a
child on whose behalf foster care maintenance pay-
ments or adoption assistance payments are to be
made under the State plan under this part, including
procedures requiring that in any case in which a
record check reveals a criminal conviction of child
abuse or neglect, or of spousal abuse, a criminal con-
viction for crimes against children (including child
pornography), or a criminal conviction for a crime
involving violence, including rape, sexual or other
physical assault, battery, or homicide, approval shall
not be granted, and that, with respect to drug-related
offenses, if a State finds that a court of competent ju-
risdiction has determined that such an offense has
been committed within the past 5 years, approval
shall not be granted.’’.
(b) CONTINUED APPLICABILITY OF STATE LAWS.—The
amendment made by subsection (a) shall not be construed
to supersede any provision of State law that establishes, im-
plements, or continues in effect any standard or require-
ment relating to criminal records checks and other back-
ground checks for prospective foster and adoptive parents,
and for employees of a residential child-care institution, ex-
cept to the extent that such standard or requirement pre-
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vents the application of the requirements added by such
amendment.
SEC. 108. DOCUMENTATION OF EFFORTS FOR ADOPTION OR
LOCATION OF A PERMANENT HOME.
Section 475 of the Social Security Act (42 U.S.C. 675)
is amended—
(1) in paragraph (1)—
(A) in the last sentence—
(i) by striking ‘‘the case plan must also
include’’; and
(ii) by redesignating such sentence as
subparagraph (D) and indenting appro-
priately; and
(B) by adding at the end, the following:
‘‘(E) In the case of a child with respect to
whom the State’s plan is adoption or placement
in another permanent home, documentation of
the steps the agency is taking to find an adoptive
family or other permanent living arrangement
for the child, to place the child with an adoptive
family, a fit and willing relative, a legal guard-
ian, or in another planned permanent living ar-
rangement, and to finalize the adoption or legal
guardianship. At a minimum, such documenta-
tion shall include child specific recruitment ef-
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forts such as the use of State, regional, and na-
tional adoption exchanges including electronic
exchange systems.’’; and
(2) in paragraph (5)(B), by inserting ‘‘(includ-
ing the requirement specified in paragraph (1)(E))’’
after ‘‘case plan’’.
TITLE II—INCENTIVES FOR PRO-
VIDING 
PERMANENT 
FAMI-
LIES FOR CHILDREN
SEC. 201. ADOPTION INCENTIVE PAYMENTS.
(a) IN GENERAL.—Part E of title IV of the Social Se-
curity 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 appro-
priations Acts for this purpose, the Secretary may 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 for the fiscal year under this
section, which shall be payable in the immediately succeed-
ing fiscal year.
‘‘(b) INCENTIVE-ELIGIBLE STATE.—A State is an in-
centive-eligible State for a fiscal year if—
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‘‘(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) the State provides health insurance coverage
to any child with special needs 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 para-
graph (2) for fiscal year 1997 (or, if later, the fiscal
year that precedes the 1st fiscal year for which the
State seeks a grant under this section) and for each
succeeding fiscal year.
‘‘(2) DETERMINATION
OF
NUMBERS
OF
ADOP-
TIONS.—
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‘‘(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 adop-
tions in a State during each of fiscal years 1997
through 2002, for purposes of this section, on the
basis of data meeting the requirements of the sys-
tem established pursuant to section 479, as re-
ported by the State in May of the fiscal year and
in November of the succeeding fiscal year, and
approved by the Secretary by April 1 of the suc-
ceeding fiscal year.
‘‘(B) ALTERNATIVE
DATA
SOURCES
PER-
MITTED FOR FISCAL YEAR 1997.—For purposes of
the determination described in subparagraph (A)
for fiscal year 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 any regulation pre-
scribed under such section with respect to reporting of
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data by States, or to waive any penalty for failure
to comply with the requirements.
‘‘(d) ADOPTION INCENTIVE PAYMENT.—
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), the adoption incentive payment payable to
a State for a fiscal year under this section shall be
equal to the sum of—
‘‘(A) $3,000, multiplied by 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) $3,000, multiplied by the amount (if
any) by which the number of special needs adop-
tions 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 for that fiscal year, the amount
of the adoption incentive payment payable to each
State under this section for the fiscal year shall be—
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‘‘(A) the amount of the adoption incentive
payment that would otherwise be payable to the
State under this section for the fiscal year; mul-
tiplied by
‘‘(B) the percentage represented by the
amount appropriated for that 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
PAY-
MENTS.—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 pro-
vided under part B or E. Amounts expended by a State
in accordance with the preceding sentence shall be dis-
regarded in determining State expenditures for purposes of
Federal matching payments under section 474.
‘‘(g) DEFINITIONS.—As used in this section:
‘‘(1) FOSTER CHILD ADOPTION.—The term ‘foster
child adoption’ means the final adoption of a child
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who, at the time of adoptive placement, was in foster
care under the supervision of the State.
‘‘(2) SPECIAL NEEDS ADOPTION.—The term ‘spe-
cial 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 ADOP-
TIONS.—The term ‘base number of foster child adop-
tions for a State’ means, with respect to a fiscal year,
the average number of foster child adoptions in the
State for the 3 most recent fiscal years.
‘‘(4) BASE NUMBER OF SPECIAL NEEDS ADOP-
TIONS.—The term ‘base number of special needs adop-
tions for a State’ means, with respect to a fiscal year,
the average number of special needs adoptions in the
State for the 3 most recent fiscal years.
‘‘(h) LIMITATIONS ON AUTHORIZATION OF APPROPRIA-
TIONS.—
‘‘(1) IN GENERAL.—For grants under this sec-
tion, there is authorized to be appropriated to the
Secretary $15,000,000 for each of fiscal years 1999
through 2003.
‘‘(2) 
AVAILABILITY.—Amounts 
appropriated
under paragraph (1) are authorized to remain avail-
able until expended, but not after fiscal year 2003.
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‘‘(i) TECHNICAL ASSISTANCE.—The Secretary shall
provide, directly, or by grant, contract, or interagency
agreement, technical assistance upon request to assist States
and local communities to reach their targets for increased
numbers of adoptions.’’.
(b) DISCRETIONARY CAP ADJUSTMENT FOR ADOPTION
INCENTIVE PAYMENTS.—
(1) 
SECTION
251
AMENDMENT.—Section
251(b)(2) of the Balanced Budget and Emergency
Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)), as
amended by section 10203(a)(4) of the Balanced
Budget Act of 1997, is amended by adding at the end
the following new subparagraph:
‘‘(G) ADOPTION
INCENTIVE
PAYMENTS.—
Whenever a bill or joint resolution making ap-
propriations for fiscal year 1999, 2000, 2001,
2002, or 2003 is enacted that specifies an
amount for adoption incentive payments for the
Department of Health and Human Services—
‘‘(i) the adjustments for new budget
authority shall be the amounts of new budg-
et authority provided in that measure for
adoption incentive payments, but not to ex-
ceed $15,000,000; and
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‘‘(ii) the adjustment for outlays shall
be the additional outlays flowing from such
amount.’’.
(2) SECTION 314 AMENDMENT.—Section 314(b) of
the Congressional Budget Act of 1974, as amended by
section 10114(a) of the Balanced Budget Act of 1997,
is amended—
(A) by striking ‘‘or’’ at the end of para-
graph (4);
(B) by striking the period at the end of
paragraph (5) and inserting ‘‘; or’’; and
(C) by adding at the end the following:
‘‘(6) in the case of an amount for adoption in-
centive payments (as defined in section 251(b)(2)(G)
of the Balanced Budget and Emergency Deficit Con-
trol Act of 1985) for fiscal year 1999, 2000, 2001,
2002, or 2003 for the Department of Health and
Human 
Services, 
an 
amount 
not 
to 
exceed
$15,000,000.’’.
SEC. 202. ADOPTIONS ACROSS STATE AND COUNTY JURIS-
DICTIONS.
(a) ELIMINATION
OF GEOGRAPHIC BARRIERS
TO
INTERSTATE ADOPTION.—Section 471(a) of the Social Se-
curity Act (42 U.S.C. 671(a)), as amended by section 107,
is amended—
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(1) by striking ‘‘and’’ at the end of paragraph
(19);
(2) by striking the period at the end of para-
graph (20) and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(21) provides that neither the State nor any
other entity in the State that receives funds from the
Federal Government and is involved in adoption
may—
‘‘(A) deny to any person the opportunity to
become an adoptive parent on the basis of the ge-
ographic residence of the person or of the child
involved; or
‘‘(B) delay or deny the placement of a child
for adoption on the basis of the geographic resi-
dence of an adoptive parent or of the child in-
volved.’’.
(b) STUDY OF INTERJURISDICTIONAL ADOPTION IS-
SUES.—
(1) IN GENERAL.—The Secretary of Health and
Human Services (in this subsection referred to as the
‘‘Secretary’’) shall appoint an advisory panel that
shall—
(A) study and consider how to improve pro-
cedures and policies to facilitate the timely and