Ill STAT. 2122 PUBLIC LAW 105-89 —NOV. 19, 1997 TITLE II—INCENTIVES FOR PROVIDING PERMANENT FAMILIES FOR CHILDREN SEC. 201. ADOPTION INCENTIVE PAYMENTS. (a) IN GENERAL.— Part E of title IV of the Social Security Act (42 U.S.C. 670 -679) is amended by inserting after section 473 the following: 42 USC 673b. "SEC. 473A. ADOPTION INCENTIVE PAYMENTS. "(a) GRANT AUTHORITY.— Subject to the availability of such amounts as may be provided in advance in appropriations Acts for this purpose, the Secretary shall make a grant to each State that is an incentive-eligible State for a fiscal year in an amount equal to the adoption incentive pa3anent payable to the State under this section for the fiscal year, which shall be payable in the immediately succeeding fiscal year. "(b) INCENTIVE-ELIGIBLE STATE.—A State is an incentiveeligible State for a fiscal year if— "(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; "(4) in the case of fiscal years 2001 and 2002, the State provides health insurance coverage to any child with special needs (as determined under section 473(c)) for whom there is in effect an adoption assistance agreement between a State and an adoptive parent or parents; and "(5) 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 paragraph (2)— "(A) for fiscal years 1995 through 1997 (or, if the first fiscal year for which the State seeks a grant under this section is after fiscal year 1998, the fiscal year that precedes such first fiscal year); and "(B) for each succeeding fiscal year that precedes the fiscal year. " (2) DETERMINATION OF NUMBERS OF ADOPTIONS.— "(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 1995 through 2002, 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. " (B) ALTERNATIVE DATA SOURCES PERMITTED FOR FISCAL YEARS 1995 THROUGH 1997. —For purposes of the determination described in subparagraph (A) for fiscal years 1995 through 1997, the Secretary may use data from a source
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