PUBLIC LAW 108–145—DEC. 2, 2003
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 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.
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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.
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