[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.