[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3182 Engrossed in House (EH)]
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.
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.
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
paramount 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
incentives 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 promote
adoptions, attention should be focused on promoting adoption 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 PROGRAM.
(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
following:
``(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
``(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:
``(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
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 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 children 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
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 subsection, then, notwithstanding subsection
(a) of this section and any regulations promulgated under section
1123A(b)(3), the Secretary shall reduce the amounts otherwise 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.
Passed the House of Representatives October 8, 2003.
Attest:
Clerk.