Page:United States Statutes at Large Volume 111 Part 3.djvu/35

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PUBLIC LAW 105-89—NOV. 19, 1997 111 STAT. 2123 or sources other than that specified in subparagraph (A) that the Secretary finds to be of equivalent completeness and reliability, as reported by a State by November 30, 1997, and approved by the Secretary by March 1, 1998. "(3) No WAIVER OF AFCARS REQUIREMENTS.— T his section shall not be construed to alter or affect any requirement of section 479 or of any regulation prescribed under such section with respect to reporting of data by States, or to waive any penalty for failure to comply with such a requirement. "(d) ADOPTION INCENTIVE PAYMENT.— "(1) IN GENERAL.— Except as provided in paragraph (2), the adoption incentive payment payable to a State for a fiscal year under this section shall be equal to the sum of— "(A) $4,000, multiplied by the 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, multiphed by the amount (if any) by which the number of special needs adoptions in the State during the fiscal year exceeds the base number of special needs adoptions for the State for the fiscal year. "(2) PRO RATA ADJUSTMENT IF INSUFFICIENT FUNDS AVAIL- ABLE.— For any fiscal year, if the total amount of adoption incentive payments otherwise payable under this section for a fiscal year exceeds the amount appropriated pursuant to subsection (h) for the fiscal year, the amount of the adoption incentive payment payable to each State under this section for the fiscal year shall be— "(A) the amount of the adoption incentive payment that would otherwise be payable to the State under this section for the fiscal year; multiplied by "(B) the percentage represented by the amount so appropriated for the fiscal year, divided by the total amount of adoption incentive payments otherwise payable under this section for the fiscal year. "(e) 2-YEAR AVAILABILITY OF INCENTIVE 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 INCENTIVE PAYMENTS.—^A State shall not expend an amount paid to the State under this section except to provide to children or families any service (including post-adoption services) that may be provided under part B or E. Amounts expended by a State in accordance with the preceding sentence shall be disregarded in determining State expenditures for purposes of Federal matching payments under sections 423, 434, and 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 ADOPTIONS.—The term ' base number of foster child adoptions for a State' means—