ADOPTION INCENTIVES PROGRAM.

SEC. 401. ADOPTION INCENTIVES PROGRAM.(a) 5-Year Extension.—Section 473A of the Social Security Act (42 U.S.C. 673b) 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 “1998 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) Updating of Fiscal Year Used in Determining Base Numbers 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 Incentive Payments for Special Needs Adoptions and Older 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”; and122 STAT. 3974(2) in subparagraph (C), by striking “$4,000” and inserting “$8,000”.(d) 24-Month Availability of Payments to States.—Section 473A(e) of such Act (42 U.S.C. 673b(e)) is amended—(1) in the heading, by striking “2-Year” and inserting “24-Month”; and(2) by striking “through the end of the succeeding fiscal year” and inserting “for the 24-month period beginning with the month in which the payments are made”.(e) Additional Incentive Payment for Exceeding the Highest Ever Foster Child Adoption Rate.—(1) In general.—Section 473A(d) of such Act (42 U.S.C. 673b(d)) is amended—(A) in paragraph (1), in the matter preceding subparagraph (A), by striking “paragraph (2)” and inserting “paragraphs (2) and (3)”;(B) in paragraph (2), by striking “this section” each place it appears and inserting “paragraph (1)”; and(C) by adding at the end the following:“(3) Increased incentive payment for exceeding the highest ever foster child adoption rate.—“(A) In general.—If—“(i) for fiscal year 2009 or any fiscal year thereafter the total amount of adoption incentive payments payable under paragraph (1) of this subsection are less than the amount appropriated under subsection (h) for the fiscal year; and“(ii) a State’s foster child adoption rate for that fiscal year exceeds the highest ever foster child adoption rate determined for the State,then the adoption incentive payment otherwise determined under paragraph (1) of this subsection for the State shall be increased, subject to subparagraph (C) of this paragraph, by the amount determined for the State under subparagraph (B) of this paragraph.“(B) Amount of increase.—For purposes of subparagraph (A), the amount determined under this subparagraph with respect to a State and a fiscal year is the amount equal to the product of—“(i) $1,000; and“(ii) the excess of—“(I) the number of foster child adoptions in the State in the fiscal year; over“(II) the product (rounded to the nearest whole number) of—“(aa) the highest ever foster child adoption rate determined for the State; and“(bb) the number of children in foster care under the supervision of the State on the last day of the preceding fiscal year.“(C) Pro rata adjustment if insufficient funds available.—For any fiscal year, if the total amount of increases in adoption incentive payments otherwise payable under this paragraph for a fiscal year exceeds the amount available for such increases for the fiscal year, the amount of the increase payable to each State under this paragraph for the fiscal year shall be—122 STAT. 3975“(i) the amount of the increase that would otherwise be payable to the State under this paragraph for the fiscal year; multiplied by“(ii) the percentage represented by the amount so available for the fiscal year, divided by the total amount of increases otherwise payable under this paragraph for the fiscal year.”.(2) Definitions.—Section 473A(g) of such Act (42 U.S.C. 673b(g)) is amended by adding at the end the following:“(7) Highest ever foster child adoption rate.—The term ‘highest ever foster child adoption rate’ means, with respect to any fiscal year, the highest foster child adoption rate determined for any fiscal year in the period that begins with fiscal year 2002 and ends with the preceding fiscal year.“(8) Foster child adoption rate.—The term ‘foster child adoption rate’ means, with respect to a State and a fiscal year, the percentage determined by dividing—“(A) the number of foster child adoptions finalized in the State during the fiscal year; by“(B) the number of children in foster care under the supervision of the State on the last day of the preceding fiscal year.”.(3) Conforming amendments.—(A) State eligibility.—Section 473A(b)(2) of such Act (42 U.S.C. 673b(b)(2)) is amended—(i) in subparagraph (A), by striking “or” at the end;(ii) in subparagraph (B), by adding “or” at the end; and(iii) by adding at the end the following:“(C) the State’s foster child adoption rate for the fiscal year exceeds the highest ever foster child adoption rate determined for the State;”.(B) Data.—Section 473A(c)(2) of such Act (42 U.S.C. 673b(c)(2)), as amended by subsection (a)(3) of this section, is amended by inserting “and the foster child adoption rate for the State for the fiscal year,” after “during a fiscal year,”.