[108th Congress Public Law 145]
[From the U.S. Government Printing Office]


[DOCID: f:publ145.108]

[[Page 117 STAT. 1879]]

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. <<NOTE: Dec. 2, 2003 -  [H.R. 3182]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: Adoption Promotion Act of 
2003.>> assembled,

SECTION 1. <<NOTE: 42 USC 1305 note.>> SHORT TITLE.

    This Act may be cited as the ``Adoption Promotion Act of 2003''.

SEC. 2. <<NOTE: 42 USC 637b note.>> 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

[[Page 117 STAT. 1880]]

            ``(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:

[[Page 117 STAT. 1881]]

            ``(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 <<NOTE: Deadline.>> 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) <<NOTE: Deadlines. Notification.>> 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.

[[Page 117 STAT. 1882]]

    ``(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. <<NOTE: 42 USC 673b note.>> EFFECTIVE DATE.

     The amendments made by this Act shall take effect on October 1, 
2003.

    Approved December 2, 2003.

LEGISLATIVE HISTORY--H.R. 3182:
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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.

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