‘‘(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 pre-
ceding that subsequent fiscal year.’’; and
(C) by adding at the end the following:
‘‘(5) BASE NUMBER OF OLDER CHILD ADOP-
TIONS.—The term ‘base number of older child adop-
tions 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 pre-
ceding 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 super-
vision of the State; or
‘‘(B) an adoption assistance agreement
was in effect under section 473 with respect to
the child.’’;
(5) in subsection (h)—
(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 fol-
lowing:
‘‘(D) $43,000,000 for each of fiscal years
2004 through 2008.’’; and
(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’’;
(6) in subsection (i)(4), by striking ‘‘1998
through 2000’’ and inserting ‘‘2004 through 2006’’;
and
(7) by striking subsection (j).
(b) REPORT
ON ADOPTION
AND OTHER PERMA-
NENCY OPTIONS FOR CHILDREN IN FOSTER CARE.—Not
later than October 1, 2004, the Secretary of Health and
Human Services shall submit to the Committee on Ways
and Means of the House of Representatives and the Com-
mittee on Finance of the Senate a report on State efforts
to promote adoption and other permanency options for
children in foster care, with special emphasis on older chil-
dren in foster care. In preparing this report, the Secretary
shall review State waiver programs and consult with rep-
resentatives from State governments, public and private
child welfare agencies, and child advocacy organizations
to identify promising approaches.
SEC. 4. AUTHORITY TO IMPOSE PENALTIES FOR FAILURE
TO SUBMIT AFCARS REPORT.
Section 474 of the Social Security Act (42 U.S.C.
674) is amended by adding at the end the following:
‘‘(f)(1) If the Secretary finds that a State has failed
to submit to the Secretary data, as required by regulation,
for the data collection system implemented under section
479, the Secretary shall, within 30 days after the date
by which the data was due to be so submitted, notify the
State of the failure and that payments to the State under
this part will be reduced if the State fails to submit the
data, as so required, within 6 months after the date the
data was originally due to be so submitted.
‘‘(2) If the Secretary finds that the State has failed
to submit the data, as so required, by the end of the 6-
month period referred to in paragraph (1) of this sub-
section, then, notwithstanding subsection (a) of this sec-
tion and any regulations promulgated under section
1123A(b)(3), the Secretary shall reduce the amounts oth-
erwise payable to the State under this part, for each quar-
ter ending in the 6-month period (and each quarter ending
in each subsequent consecutively occurring 6-month period
until the Secretary finds that the State has submitted the
data, as so required), by—
‘‘(A) 1⁄6 of 1 percent of the total amount ex-
pended by the State for administration of foster care
activities under the State plan approved under this
part in the quarter so ending, in the case of the 1st
6-month period during which the failure continues;
or
‘‘(B) 1⁄4 of 1 percent of the total amount so ex-
pended, in the case of the 2nd or any subsequent
such 6-month period.’’.
SEC. 5. EFFECTIVE DATE.
The amendments made by this Act shall take effect
on October 1, 2003.
Passed the House of Representatives October 8,
2003.
Attest:
Clerk.