Adoption Promotion Act of 2003
PL 108-145 (H.R.3182), enacted 12/02/2003

117 STAT. 1879
PUBLIC LAW 108–145—DEC. 2, 2003
Public Law 108–145
108th Congress
An Act
To reauthorize the adoption incentive payments program under part E of title
IV of the Social Security Act, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Adoption Promotion Act of 2003’’.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) In 1997, the Congress passed the Adoption and Safe
Families Act of 1997 to promote comprehensive child welfare
reform to ensure that consideration of children’s safety is para-
mount in child welfare decisions, and to provide a greater
sense of urgency to find every child a safe, permanent home.
(2) The Adoption and Safe Families Act of 1997 also created
the Adoption Incentives program, which authorizes incentive
payments to States to promote adoptions, with additional incen-
tives provided for the adoption of foster children with special
needs.
(3) Since 1997, all States, the District of Columbia, and
Puerto Rico have qualified for incentive payments for their
work in promoting adoption of foster children.
(4) Between 1997 and 2002, adoptions increased by 64
percent, and adoptions of children with special needs increased
by 63 percent; however, 542,000 children remain in foster care,
and 126,000 are eligible for adoption.
(5) Although substantial progress has been made to pro-
mote adoptions, attention should be focused on promoting adop-
tion of older children. Recent data suggest that half of the
children waiting to be adopted are age 9 or older.
SEC. 3. REAUTHORIZATION OF ADOPTION INCENTIVE PAYMENTS PRO-
GRAM.
(a) IN GENERAL.—Section 473A of the Social Security Act (42
U.S.C. 673b) is amended—
(1) in subsection (b)—
(A) by striking paragraph (2) and inserting the fol-
lowing:
‘‘(2)(A) 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; or
42 USC 637b
note.
42 USC 1305
note.
Adoption
Promotion Act of
2003.
Dec. 2, 2003
[H.R. 3182]
VerDate 11-MAY-2000
10:15 Aug 27, 2004
Jkt 019194
PO 00000
Frm 00831
Fmt 6580
Sfmt 6581
D:\STATUTES\2003\19194PT2.001
APPS10
PsN: 19194PT2
117 STAT. 1880
PUBLIC LAW 108–145—DEC. 2, 2003
‘‘(B) the number of older child adoptions in the State during
the fiscal year exceeds the base number of older child adoptions
for the State for the fiscal year;’’.
(B) in paragraph (4), by striking ‘‘and 2002’’ and
inserting ‘‘through 2007’’; and
(C) in paragraph (5), by striking ‘‘2002’’ and inserting
‘‘2007’’;
(2) in subsection (c), by striking paragraph (2) and inserting
the following:
‘‘(2) DETERMINATION OF NUMBERS OF ADOPTIONS BASED ON
AFCARS DATA.—The Secretary shall determine the numbers of
foster child adoptions, of special needs adoptions that are not
older child adoptions, and of older child adoptions in a State
during each of fiscal years 2002 through 2007, for purposes
of this section, on the basis of data meeting the requirements
of the system established pursuant to section 479, as reported
by the State and approved by the Secretary by August 1 of
the succeeding fiscal year.’’;
(3) in subsection (d)(1)—
(A) in subparagraph (A), by striking ‘‘and’’;
(B) in subparagraph (B)—
(i) by inserting ‘‘that are not older child adoptions’’
after ‘‘adoptions’’ each place it appears; and
(ii) by striking the period and inserting ‘‘; and’’;
and
(C) by adding at the end the following:
‘‘(C) $4,000, multiplied by the amount (if any) by which
the number of older child adoptions in the State during
the fiscal year exceeds the base number of older child
adoptions for the State for the fiscal year.’’;
(4) in subsection (g)—
(A) in paragraph (3), by striking subparagraphs (A)
and (B) and inserting the following:
‘‘(A) with respect to fiscal year 2003, the number of
foster child adoptions in the State in fiscal year 2002;
and
‘‘(B) with respect to any subsequent fiscal year, the
number of foster 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 preceding that subsequent fiscal year.’’;
(B) in paragraph (4)—
(i) in the paragraph heading, by inserting ‘‘THAT
ARE NOT OLDER CHILD ADOPTIONS’’ after ‘‘ADOPTIONS’’;
and
(ii) by striking subparagraphs (A) and (B) and
inserting the following:
‘‘(A) with respect to fiscal year 2003, the number of
special needs adoptions that are not older child adoptions
in the State in fiscal year 2002; and
‘‘(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 preceding
that subsequent fiscal year.’’; and
(C) by adding at the end the following:
VerDate 11-MAY-2000
10:15 Aug 27, 2004
Jkt 019194
PO 00000
Frm 00832
Fmt 6580
Sfmt 6581
D:\STATUTES\2003\19194PT2.001
APPS10
PsN: 19194PT2
117 STAT. 1881
PUBLIC LAW 108–145—DEC. 2, 2003
‘‘(5) BASE NUMBER OF OLDER CHILD ADOPTIONS.—The term
‘base number of older child adoptions 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 preceding that subsequent fiscal year.
‘‘(6) OLDER CHILD ADOPTIONS.—The term ‘older child adop-
tions’ 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 supervision 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 following:
‘‘(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 PERMANENCY 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 Committee on Finance of the Senate a report on State
efforts to promote adoption and other permanency options for chil-
dren in foster care, with special emphasis on older children in
foster care. In preparing this report, the Secretary shall review
State waiver programs and consult with representatives 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 collec-
tion 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.
Deadlines.
Notification.
Deadline.
VerDate 11-MAY-2000
10:15 Aug 27, 2004
Jkt 019194
PO 00000
Frm 00833
Fmt 6580
Sfmt 6581
D:\STATUTES\2003\19194PT2.001
APPS10
PsN: 19194PT2
117 STAT. 1882
PUBLIC LAW 108–145—DEC. 2, 2003
LEGISLATIVE HISTORY—H.R. 3182:
CONGRESSIONAL RECORD, Vol. 149 (2003):
Oct. 8, considered and passed House.
Nov. 12, considered and passed Senate.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 39 (2003):
Dec. 2, Presidential remarks.
‘‘(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 subsection, then, notwithstanding sub-
section (a) of this section and any regulations promulgated under
section 1123A(b)(3), the Secretary shall reduce the amounts other-
wise payable to the State under this part, for each quarter 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 expended 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 expended,
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.
Approved December 2, 2003.
42 USC 673b
note.
VerDate 11-MAY-2000
10:15 Aug 27, 2004
Jkt 019194
PO 00000
Frm 00834
Fmt 6580
Sfmt 6580
D:\STATUTES\2003\19194PT2.001
APPS10
PsN: 19194PT2