12 2 STA T .397 3 PUBLIC LA W 11 0– 3 5 1 —O CT. 7 , 200 8‘ ‘ (i i )EXCEPTION.—TheS e cr e ta r ys ha l l w ai v e the re qu ire m e n tt o re p aya g rant impose db y clause (i) i f the Secretary determines that a tribe ’ s , tribal organi z ation’s, or tribal consortium’s failure to submit a plan within such period was the result of cir - cumstances beyond the control of the tribe, tribal organization, or tribal consortium. ‘‘( C ) IM P L EMENT A TION A U T H O R IT Y .—The Secretary may provide the technical assistance and implementation serv- ices described in subparagraph ( A ) either directly or through a grant or contract with public or private organiza- tions k nowledgeable and e x perienced in the field of Indian tribal affairs and child welfare. ‘‘( 3 ) APPROPRIATION.—There is appropriated to the Sec- retary, out of any money in the Treasury of the U nited States not otherwise appropriated, $ 3, 0 00,000 for fiscal year 2 00 9 and each fiscal year thereafter to carry out this subsection.’’. TI T LE I V— I MPRO VEME N TO F IN C ENTIVE S FOR AD OPTION SEC.401 . ADOPTI O N INCENTI V ESP R O G RA M . (a) 5 - Y EAR EXTEN S ION.—Section 47 3A of the Social Security Act (42 U.S.C. 6 73b) is amended— ( 1 ) in subsection (b)(4), by striking ‘‘in the case of fiscal years 2001 through 2007,’’
(2) in subsection (b)(5), by striking ‘‘199 8 through 2007’’ and inserting ‘‘2008 through 2012’’; (3) in subsection (c)(2), by striking ‘‘each of fiscal years 2002 through 2007’’ and inserting ‘‘a fiscal year’’; and (4) in each of subsections (h)(1)( D ), and (h)(2), by striking ‘‘2008’’ and inserting ‘‘2013’’. (b) UP D ATIN G O FF ISCAL YEAR USED IN DETERMINING B ASE N UM B ERS OF ADOPTIONS.—Section 473A(g) of such Act (42 U.S.C. 673b(g)) is amended— (1) in paragraph (3), by striking ‘‘means’’ and all that follows and inserting ‘‘means, with respect to any fiscal year, the number of foster child adoptions in the State in fiscal year 2007.’’; (2) in paragraph (4)— (A) by inserting ‘‘that are not older child adoptions’’ before ‘‘for a State’’; and (B) by striking ‘‘means’’ and all that follows and inserting ‘‘means, with respect to any fiscal year, the number of special needs adoptions that are not older child adoptions in the State in fiscal year 2007.’’; and (3) in paragraph (5), by striking ‘‘means’’ and all that follows and inserting ‘‘means, with respect to any fiscal year, the number of older child adoptions in the State in fiscal year 2007.’’. (c) INCREASE IN INCENTI V E P AYMENTS FOR SPECIAL NEEDS ADOPTIONS AND O LDER CHILD ADOPTIONS.—Section 473A(d)(1) of such Act (42 U.S.C. 673b(d)(1)) is amended— (1) in subparagraph (B), by striking ‘‘$2,000’’ and inserting ‘‘$4,000’’; and Waiver a utho rit y.
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