[Congressional Record (Bound Edition), Volume 149 (2003), Part 18]
[House]
[Pages 24318-24321]
[From the U.S. Government Publishing Office, www.gpo.gov]




                     ADOPTION PROMOTION ACT OF 2003

  Mr. CAMP. Mr. Speaker, I move to suspend the rules and pass the bill 
(H.R. 3182) to reauthorize the adoption incentive payments program 
under part E of title IV of the Social Security Act, and for other 
purposes.
  The Clerk read as follows:

                               H.R. 3182

       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--

[[Page 24319]]

       (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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Michigan (Mr. Camp) and the gentleman from Maryland (Mr. Cardin) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Michigan (Mr. Camp).
  Mr. CAMP. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise today in support of H.R. 3182, the Adoption 
Promotion Act of 2003, which was introduced with bipartisan support. 
This legislation reauthorizes the Adoption Incentive Program, which was 
created as part of the Adoption and Safe Families Act in 1997.
  Since 1997 until 2002, we have seen adoptions increase by 64 percent. 
Special-needs adoptions during that same period have increased by 63 
percent. We are here today to reauthorize a successful program, while 
making key improvements to that program. Adoption is about parents and 
families opening their homes and hearts to children who need a family.
  Growing up with a loving family is essential to every child, not only 
emotionally but also intellectually. Just last week we held the Angels 
in Adoption dinner put on by the Congressional Coalition on Adoption 
Institute, which recognizes adoptive families throughout the country; 
and hundreds of parents were there. I spent the night honoring a couple 
from my district, Coleman, Michigan, Charlie and Gerry Brown, who began 
with six biological children, began to expand their family when they 
opened their home to a young foster girl in 1990. Today they have 14 
adoptives, and they are in the process of adopting two more boys, 
making them the proud parents of 22 children.
  I think the Browns exemplify everything good about adoption, but we 
need more families who will bring children into their homes. 
Approximately 126,000 children currently are awaiting adoption, half of 
whom are 9 years of age or older, and these are children who have the 
least chance of being adopted and the greatest chance of spending the 
rest of their childhood in foster care, which is unacceptable by 
anyone's standards.
  The Adoption Promotion Act of 2003 enhances the current incentive 
program for adoption, which rewards States that increase the number of 
children adopted by creating a new incentive for States that increase 
the adoptions of children age 9 and older as well.
  I thank the chairman of the Subcommittee on Human Resources, the 
gentleman from California (Mr.

[[Page 24320]]

Herger), and the ranking member, the gentleman from Maryland (Mr. 
Cardin), for working on this important measure in such a bipartisan 
effort which allows this bill to come to the floor. I thank the staff 
of the Subcommittee on Human Resources for their hard work.
  There is nothing more special than seeing a parent, a mom or dad, 
bringing a new son or daughter into their family through adoption. This 
bill achieves this important goal, and I urge my colleagues to support 
this legislation.
  Mr. Speaker, I reserve the balance of my time.
  Mr. CARDIN. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, let me congratulate the gentleman from Michigan (Mr. 
Camp) for his strong support on this important issue. He has been 
steadfast in helping families in the adoption arena, and this is just 
one more chapter in his record in this area. I also thank the gentleman 
from California (Mr. Herger) for the way in which this bill was handled 
in our subcommittee. It was done in a bipartisan way involving the 
views of administrators, advocates, and experts in the field; and we 
have come up with an excellent bill which I encourage my colleagues to 
support.
  This bill deals with foster children. Obviously, the first goal of 
placement for foster children is to try to reunite them with their 
birth parents, but that is not always possible. When that is not 
possible, we want to find a safe and permanent home as quickly as 
possible for that foster child.
  In 1997, we enacted the Safe and Stable Families Act. This 
legislation, H.R. 3182, continues the record that we started in 1997. 
It includes adoption incentive bonuses for payments to States that 
increase the number of adoption of children out of foster care. And as 
the gentleman from Michigan (Mr. Camp) pointed out, since the enactment 
of this legislation in 1997, we have seen a 64 percent increase in the 
adoption of children out of foster care, and that number has held true 
for children with special needs.
  H.R. 3182 extends that program for 5 years. That is certainly our 
goal, to reauthorize programs that work for a 5-year period; and this 
bill does that. We also update the baseline. That is a very important 
fact because it allows more States the opportunity to benefit from 
these payments. We enhance payments for older children in foster care 
that are adopted.
  Mr. Speaker, over half of our children currently in foster care are 
over the age of 9. They are the more difficult children to find 
permanent homes through adoption. This legislation recognizes that and 
rewards States that are able to find permanent placement adoptions for 
children over the age of 9. Funds can be used for a variety of child 
welfare services, including post adoptive services, so we are providing 
the wherewithal, particularly in these tough economic times, to our 
States in order to move forward in this important program to help 
America's most vulnerable children.
  We also direct the agency to move forward with another option for 
permanent placement, and that is subsidize guardianship where the 
foster child is placed with a grandparent, aunt, uncle, or other family 
member. In many cases, that is the preferred option; and we are making 
it easier for that option to become a reality.
  Mr. Speaker, this legislation enjoys broad support. It is supported 
by the Child Welfare League of America, the Children's Defense Fund, 
the Center for Law and Social Policy, Voices for Adoption, and the list 
goes on and on. It is a very important bill, and I encourage my 
colleagues to support this legislation.
  Mr. Speaker, I reserve the balance of my time.
  Mr. CAMP. Mr. Speaker, I yield 2 minutes to the gentleman from 
California (Mr. Herger), the chairman of the Subcommittee on Human 
Resources.
  Mr. HERGER. Mr. Speaker, I would like to commend the gentleman from 
Michigan (Mr. Camp) for his outstanding leadership in crafting this 
bipartisan legislation, as well as commending the gentleman from 
Maryland (Mr. Cardin), the ranking member, for his work on it as well. 
I am very pleased to be a cosponsor of this legislation.
  As chairman of the Committee on Ways and Means Subcommittee on Human 
Resources, I appreciate the dedication and commitment of the gentleman 
from Michigan (Mr. Camp) to children's issues. Nationally, more than 
18,000 children have been adopted since Congress created the Adoption 
Incentive Program in 1997. In my home State of California, adoptions 
have more than doubled. This is tremendous progress. As a result, 
States have received almost $160 million they can use to support 
families and children in distress. Despite this progress, there are 
still 126,000 children waiting to be adopted. This legislation will 
encourage States to find adoptive families for these children by 
continuing and improving the Adoption Incentive Program for 5 more 
years.
  I am pleased this legislation adds a new incentive to promote 
adoption of children age 9 or older, as the Bush administration 
proposed. These children are most at risk to spend their childhood in 
foster care and never find an adoptive family, so they deserve our 
special attention.
  I thank my colleagues on both sides of the aisle for their support of 
this legislation. I look forward to working with them to promote safe 
adoptive placements for children in foster care. This bill is certainly 
a worthy step in that direction. I urge all Members to support this 
excellent legislation.
  Mr. CARDIN. Mr. Speaker, I yield 3 minutes to the gentleman from 
Illinois (Mr. Davis).
  Mr. DAVIS of Illinois. Mr. Speaker, I rise in strong support of this 
legislation. I want to commend the gentleman from Michigan (Mr. Camp) 
and the gentleman from Maryland (Mr. Cardin) for the leadership that 
they have demonstrated and continue to demonstrate in this area.
  As chairman of the Congressional Black Caucus' Child Welfare Brain 
Trust, and also coming from a community where I have a very active 
advisory committee on child welfare issues, and also coming from a 
community where there is one of the greatest needs for adoption that 
exists in the country, much of the inner city of Chicago, this 
legislation is tremendously important.
  The idea of providing an opportunity for children who could not 
experience family life, to give them the opportunity to have the well-
being, the nurturing of a family rather than being institutionalized or 
as a ward of the State is of tremendous value. I simply want to add my 
voice in support of it. Again, I commend the gentlemen for their strong 
leadership and the articulation of a need that exists.
  Mr. CAMP. Mr. Speaker, I yield myself such time as I may consume.
  I appreciate the gentleman's comments and again thank all of the 
Members for this bipartisan effort here. I also want to note that the 
majority leader did have an impact on this bill and required that there 
be penalties on the Health and Human Services Agency if they do not 
submit timely and complete adoption and foster care data. This will 
help us track exactly where children are, how long they are spending in 
foster care, and what their needs are. This is an important provision, 
and I wanted to highlight that for the Members as well.
  Ms. JACKSON-LEE of Texas. Mr. Speaker, I rise in support of the 
Adoption Promotion Act of 2003 (H.R. 3182). This bipartisan bill would 
amend and reauthorize the Adoption Incentives Program and add necessary 
provisions to strengthen this important program.
  I am particularly encouraged by provisions to enhance the adoption of 
older children in foster care. In addition to incentives for the 
adoption of special needs children, H.R. 3182 would create a third 
incentive payment equal to $4,000 for each increased adoption of foster 
children who are age 9 or older at the time of adoption.
  As I stand before you today there are approximately 588,000 children 
in the foster care system in the United States. The average age of 
children in foster care is 10 years. We know that the longer children 
are in foster care the more challenging their lives become. It is also 
less likely that these children will be adopted. Most children waiting 
to be adopted are

[[Page 24321]]

school-aged or in a sibling group that needs to stay together. Many 
have emotional disabilities; others have physical, mental or 
developmental disabilities. All need the love of a permanent family.
  Serious disparities in the racial and ethnic breakdown of children in 
foster care compound the problems faced by children in protective 
services. In 1980, 47 percent of the children in foster care were 
children of color. By 2000, 66 percent of children in foster care were 
children of color. Minority children are disproportionately represented 
in the foster care system by a margin of more than two to one. Health 
disparities that face minority children further exacerbate the problems 
that they face as children in foster care.
  In addition to supporting H.R. 3182, I urge my colleagues to take 
time to review and act on comprehensive child service reform measures 
that maintain a strong Federal responsibility to our most vulnerable 
children and families. This bipartisan legislation is a step in the 
right direction of Federal responsibility to participate fully with the 
States in meeting this fundamental obligation. Real reform, including 
new investments, is required to respond to the needs of the over 
500,000 abused and neglected children currently in foster care and to 
keep all children safe from harm. Recent research shows that:
  Children who received ``services'' from Child Protection Services 
died as a result of abuse 16 times more often than children in the 
general population.
  Last year, in the 18th District of Texas, 8,039 in protective 
services were in investigation of child abuse and neglect.
  Children were abused and neglected 3 times more often by State 
caregivers than by parents (and children are eleven times more likely 
to be sexually abused in State care than they are in their own homes).
  The Children's Bureau of the U.S. Department of Health and Human 
Services reports that in 2002, there were an estimated 560,000 children 
in foster care across the U.S. and an estimated 3 million children 
involved in investigations by child protective services of abuse or 
neglect. In the States reporting, an average of 11.8 children were 
victims of abuse or neglect for every 1,000 children in the population.
  In my own State of Texas the number of children who died as a result 
of abuse or neglect recently increased and child protection services 
was involved with 36% of those children who died.
  It is urgent that we stabilize the lives of our children by promoting 
adoption and other permanency options for our children. They are at 
risk in the child welfare system as it stands. All children deserve and 
thrive best when they are in stable, permanent loving homes. We, as a 
country, must commit ourselves to doing a better job of protecting and 
caring for our children. The Adoption Promotion Act, H.R. 3182, is a 
step in the right direction.
  Mr. DeLAY. Mr. Speaker, since we first passed the Adoption and Safe 
Families Act in 1997, adoptions out of foster care have increased 64 
percent.
  That's thousands of children in permanent homes who, before this law 
was enacted, were wandering through the foster care system unprotected, 
unloved, and sometimes forgotten all together.
  But not anymore. The tide has turned in this fight for the hope of a 
generation of American children.
  We've made American foster care a priority and made the decision, as 
a Nation, to no longer focus on the system, but the children 
themselves.
  The next step in this pivot away from despair and toward hope is to 
ensure States stay focused on their responsibilities to foster 
children.
  After a GAO report--requested by Senator Grassley and me--revealed 
that some State governments are failing to adequately keep and provide 
information about foster children in their care, I worked with Chairman 
Herger and lead sponsor Mr. Camp to add a new provision to this bill.
  The new provision imposes penalties on those States that do not keep 
up their records, and thereby let their foster children slip through 
the cracks.
  Every new phase in a foster child's journey through the system can be 
the wrong turn that makes the difference between happiness and despair.
  How can we expect them to work hard in school, stay optimistic about 
their future, and never lose hope if we can't even keep track of their 
address?
  These kids start out in life facing adversity before they even know 
what the word means. They carry doubt and fear around on their backs 
like crosses. This provision and this bill will give America's foster 
children hope, and a better chance at finding the unconditional love 
they all deserve, but so few have ever known.
  I thank the gentlemen for all their hard work in this legislation, 
and I urge all my colleagues to vote in favor of it.
   Mr. SHAW. Mr. Speaker, I rise today in support of H.R. 3182, the 
Adoption Promotion Act of 2003, which continues to reward states for 
their efforts to promote adoption of children in need of loving 
families.
  I am proud to be a cosponsor of this legislation as it reauthorizes 
the Adoption Incentives program. This program was created as part of 
the Adoption and Safe Families Act of 1997, which was signed into law 
while I was the Chairman of the Ways and Means' Human Resources 
Subcommittee. This law has resulted in moving thousands of children out 
of hopeless foster care situations and into loving adoptive families.
  The current Adoption Incentives program rewards states that make 
gains in the number of children adopted and provides additional 
incentives for the adoption of foster children with special needs. 
Between 1997 and 2002, adoptions increased by 64 percent, and adoptions 
of children with special needs increased by 63 percent. However, more 
work needs to be done to assist the 542,000 children who remain in 
foster care, and the 126,000 who are eligible for adoption.
  Research suggests that many older children still linger in foster 
care, so we must do more to encourage states to find adoptive families 
for these children. The Adoption Promotion Act of 2003 takes the 
necessary steps to enhance the current incentive program, by creating a 
new incentive for states that increase adoptions of children age 9 or 
older. Our children do not deserve to be languishing in foster care or 
living in dangerous situations. This bill will take a big step towards 
righting that wrong.
  I would like to commend my colleagues on the Committee on Ways and 
Means, Representatives Dave Camp and Ben Cardin, for their commitment 
to improving the Adoption Incentives program by the introduction of the 
Adoption Promotion Act of 2003. Their work on this legislation will 
assure that states continue to find safe, permanent homes for America's 
children.
  Mr. Speaker, it's important that we continue to reward states for 
their good work in making adoptive matches and add additional incentive 
for those children still waiting for a home and loving family. With 
this in mind, I urge my colleagues to support America's foster children 
who are waiting on adoption by voting for this important bill.
  Mr. CARDIN. Mr. Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  Mr. CAMP. Mr. Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Michigan (Mr. Camp) that the House suspend the rules and 
pass the bill, H.R. 3182.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

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