‘‘(1) the State has a plan approved under this
part for the fiscal year;
‘‘(2) 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;
‘‘(3) the State is in compliance with subsection
(c) for the fiscal year; and
‘‘(4) the fiscal year is any of fiscal years 1998
through 2002.
‘‘(c) DATA REQUIREMENTS.—
‘‘(1) IN GENERAL.—A State is in compliance
with this subsection for a fiscal year if the State has
provided to the Secretary the data described in para-
graph (2) for fiscal year 1997 (or, if later, the fiscal
year that precedes the 1st fiscal year for which the
State seeks a grant under this section) and for each
succeeding fiscal year.
‘‘(2) DETERMINATION OF NUMBERS OF ADOP-
TIONS.—
‘‘(A) DETERMINATIONS BASED ON AFCARS
DATA.—Except as provided in subparagraph
(B), the Secretary shall determine the numbers
of foster child adoptions and of special needs
adoptions in a State during each of fiscal years
1997 through 2002, for purposes of this sec-
tion, on the basis of data meeting the require-
ments of the system established pursuant to
section 479, as reported by the State in May of
the fiscal year and in November of the succeed-
ing fiscal year, and approved by the Secretary
by April 1 of the succeeding fiscal year.
‘‘(B) ALTERNATIVE DATA SOURCES PER-
MITTED FOR FISCAL YEAR 1997.—For purposes
of the determination described in subparagraph
(A) for fiscal year 1997, the Secretary may use
data from a source or sources other than that
specified in subparagraph (A) that the Sec-
retary finds to be of equivalent completeness
and reliability, as reported by a State by No-
vember 30, 1997, and approved by the Sec-
retary by March 1, 1998.
‘‘(3) NO WAIVER OF AFCARS REQUIREMENTS.—
This section shall not be construed to alter or affect
any requirement of section 479 or any regulation
prescribed under such section with respect to report-
ing of data by States, or to waive any penalty for
failure to comply with the requirements.
‘‘(d) ADOPTION BONUS.—
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), the adoption bonus payable to a State for
a fiscal year under this section shall be equal to the
sum of—
‘‘(A) $4,000, multiplied by amount (if any)
by which 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; and
‘‘(B) $2,000, multiplied by the amount (if
any) by which the number of special needs
adoptions in the State during the fiscal year ex-
ceeds the base number of special needs adop-
tions for the State for the fiscal year.
‘‘(2) PRO RATA ADJUSTMENT IF INSUFFICIENT
APPROPRIATIONS.—If the total amount of adoption
bonuses otherwise payable under this section in a
fiscal year exceeds the amount available for grants
under this section for the fiscal year, the adoption
bonus otherwise payable to a State under this sec-
tion in the fiscal year shall be reduced by the
amount which bears the same ratio to the excess as
the adoption bonus otherwise payable to the State
under this section in the fiscal year bears to the
total amount of adoption bonuses otherwise payable
under this section in the fiscal year.
‘‘(e) 2-YEAR AVAILABILITY OF BONUS PAYMENTS.—
Payments to a State under this section in a fiscal year
shall remain available for use by the State through the
end of the succeeding fiscal year.
‘‘(f) LIMITATIONS ON USE OF BONUS PAYMENTS.—
A State shall not expend an amount paid to the State
under this section except to provide to children receiving
foster care maintenance payments or adoption assistance
payments under this part any service (including post adop-
tion services) that may be provided under part B.
Amounts expended by a State in accordance with the pre-
ceding sentence shall be disregarded in determining State
expenditures for purposes of Federal matching payments
under section 474.
‘‘(g) DEFINITIONS.—As used in this section:
‘‘(1) FOSTER
CHILD
ADOPTION.—The term
‘foster child adoption’ means the final adoption of a
child who, at the time of adoptive placement, was in
foster care under the supervision of the State.
‘‘(2) SPECIAL
NEEDS
ADOPTION.—The term
‘special needs adoption’ means the final adoption of
a child for whom an adoption assistance agreement
is in effect under section 473.
‘‘(3) BASE NUMBER OF FOSTER CHILD ADOP-
TIONS.—The term ‘base number of foster child
adoptions for a State’ means, with respect to a fiscal
year, the largest number of foster child adoptions in
the State in fiscal year 1997 (or, if later, the 1st fis-
cal year for which the State has furnished to the
Secretary the data described in subsection (c)(2)) or
in any succeeding fiscal year preceding the fiscal
year.
‘‘(4) BASE NUMBER OF SPECIAL NEEDS ADOP-
TIONS.—The term ‘base number of special needs
adoptions for a State’ means, with respect to a fiscal
year, the largest number of special needs adoptions
in the State in fiscal year 1997 (or, if later, the 1st
fiscal year for which the State has furnished to the
Secretary the data described in subsection (c)(2)) or
in any succeeding fiscal year preceding the fiscal
year.
‘‘(h) LIMITATIONS ON AUTHORIZATION OF APPRO-
PRIATIONS.—
‘‘(1) IN GENERAL.—For grants under this sec-
tion, there are authorized to be appropriated to the
Secretary not to exceed a total of $108,000,000 for
fiscal years 1999 through 2003.
‘‘(2) AVAILABILITY
OF
APPROPRIATIONS.—
Amounts appropriated under paragraph (1) are au-
thorized to remain available until expended, but not
after fiscal year 2003.’’.
SEC. 12. EFFECTIVE DATE.
(a) IN GENERAL.—The amendments made by this
Act shall take effect on October 1, 1997.
(b) DELAY PERMITTED IF STATE LEGISLATION RE-
QUIRED.—In the case of a State plan under part B or
E of title IV of the Social Security Act which the Secretary
of Health and Human Services determines requires State
legislation (other than legislation appropriating funds) in
order for the plan to meet the additional requirements im-
posed by the amendments made by this Act, the State plan
shall not be regarded as failing to comply with the require-
ments of such part solely on the basis of the failure of
the plan to meet such additional requirements before the
1st day of the 1st calendar quarter beginning after the
close of the 1st regular session of the State legislature that
begins after the date of the enactment of this Act. For
purposes of the previous sentence, in the case of a State
that has a 2-year legislative session, each year of such ses-
sion shall be deemed to be a separate regular session of
the State legislature.
Æ