[United States Statutes at Large, Volume 117, 108th Congress, 1st Session]
[From the U.S. Government Printing Office, www.gpo.gov]

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

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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 1881]]
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 1882]]
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.