[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3182 Enrolled Bill (ENR)]
H.R.3182
One Hundred Eighth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the seventh day of January, two thousand and three
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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.