[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6893 Enrolled Bill (ENR)]
H.R.6893
One Hundred Tenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Thursday,
the third day of January, two thousand and eight
An Act
To amend parts B and E of title IV of the Social Security Act to connect
and support relative caregivers, improve outcomes for children in foster
care, provide for tribal foster care and adoption access, improve
incentives for adoption, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fostering Connections to Success and
Increasing Adoptions Act of 2008''.
SEC. 2. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--CONNECTING AND SUPPORTING RELATIVE CAREGIVERS
Sec. 101. Kinship guardianship assistance payments for children.
Sec. 102. Family connection grants.
Sec. 103. Notification of relatives.
Sec. 104. Licensing standards for relatives.
Sec. 105. Authority for comparisons and disclosures of information in
the Federal Parent Locator Service for child welfare, foster
care, and adoption assistance program purposes.
TITLE II--IMPROVING OUTCOMES FOR CHILDREN IN FOSTER CARE
Sec. 201. State option for children in foster care, and certain children
in an adoptive or guardianship placement, after attaining age
18.
Sec. 202. Transition plan for children aging out of foster care.
Sec. 203. Short-term training for child welfare agencies, relative
guardians, and court personnel.
Sec. 204. Educational stability.
Sec. 205. Health oversight and coordination plan.
Sec. 206. Sibling placement.
TITLE III--TRIBAL FOSTER CARE AND ADOPTION ACCESS
Sec. 301. Equitable access for foster care and adoption services for
Indian children in tribal areas.
Sec. 302. Technical assistance and implementation.
TITLE IV--IMPROVEMENT OF INCENTIVES FOR ADOPTION
Sec. 401. Adoption incentives program.
Sec. 402. Promotion of adoption of children with special needs.
Sec. 403. Information on adoption tax credit.
TITLE V--CLARIFICATION OF UNIFORM DEFINITION OF CHILD AND OTHER
PROVISIONS
Sec. 501. Clarification of uniform definition of child.
Sec. 502. Investment of operating cash.
Sec. 503. No Federal funding to unlawfully present individuals.
TITLE VI--EFFECTIVE DATE
Sec. 601. Effective date.
TITLE I--CONNECTING AND SUPPORTING RELATIVE CAREGIVERS
SEC. 101. KINSHIP GUARDIANSHIP ASSISTANCE PAYMENTS FOR CHILDREN.
(a) State Plan Option.--Section 471(a) of the Social Security Act
(42 U.S.C. 671(a)) is amended--
(1) by striking ``and'' at the end of paragraph (26);
(2) by striking the period at the end of paragraph (27) and
inserting ``; and''; and
(3) by adding at the end the following:
``(28) at the option of the State, provides for the State to
enter into kinship guardianship assistance agreements to provide
kinship guardianship assistance payments on behalf of children to
grandparents and other relatives who have assumed legal
guardianship of the children for whom they have cared as foster
parents and for whom they have committed to care on a permanent
basis, as provided in section 473(d).''.
(b) In General.--Section 473 of such Act (42 U.S.C. 673) is amended
by adding at the end the following:
``(d) Kinship Guardianship Assistance Payments for Children.--
``(1) Kinship guardianship assistance agreement.--
``(A) In general.--In order to receive payments under
section 474(a)(5), a State shall--
``(i) negotiate and enter into a written, binding
kinship guardianship assistance agreement with the
prospective relative guardian of a child who meets the
requirements of this paragraph; and
``(ii) provide the prospective relative guardian with a
copy of the agreement.
``(B) Minimum requirements.--The agreement shall specify,
at a minimum--
``(i) the amount of, and manner in which, each kinship
guardianship assistance payment will be provided under the
agreement, and the manner in which the payment may be
adjusted periodically, in consultation with the relative
guardian, based on the circumstances of the relative
guardian and the needs of the child;
``(ii) the additional services and assistance that the
child and relative guardian will be eligible for under the
agreement;
``(iii) the procedure by which the relative guardian
may apply for additional services as needed; and
``(iv) subject to subparagraph (D), that the State will
pay the total cost of nonrecurring expenses associated with
obtaining legal guardianship of the child, to the extent
the total cost does not exceed $2,000.
``(C) Interstate applicability.--The agreement shall
provide that the agreement shall remain in effect without
regard to the State residency of the relative guardian.
``(D) No effect on federal reimbursement.--Nothing in
subparagraph (B)(iv) shall be construed as affecting the
ability of the State to obtain reimbursement from the Federal
Government for costs described in that subparagraph.
``(2) Limitations on amount of kinship guardianship assistance
payment.--A kinship guardianship assistance payment on behalf of a
child shall not exceed the foster care maintenance payment which
would have been paid on behalf of the child if the child had
remained in a foster family home.
``(3) Child's eligibility for a kinship guardianship assistance
payment.--
``(A) In general.--A child is eligible for a kinship
guardianship assistance payment under this subsection if the
State agency determines the following:
``(i) The child has been--
``(I) removed from his or her home pursuant to a
voluntary placement agreement or as a result of a
judicial determination to the effect that continuation
in the home would be contrary to the welfare of the
child; and
``(II) eligible for foster care maintenance
payments under section 472 while residing for at least
6 consecutive months in the home of the prospective
relative guardian.
``(ii) Being returned home or adopted are not
appropriate permanency options for the child.
``(iii) The child demonstrates a strong attachment to
the prospective relative guardian and the relative guardian
has a strong commitment to caring permanently for the
child.
``(iv) With respect to a child who has attained 14
years of age, the child has been consulted regarding the
kinship guardianship arrangement.
``(B) Treatment of siblings.--With respect to a child
described in subparagraph (A) whose sibling or siblings are not
so described--
``(i) the child and any sibling of the child may be
placed in the same kinship guardianship arrangement, in
accordance with section 471(a)(31), if the State agency and
the relative agree on the appropriateness of the
arrangement for the siblings; and
``(ii) kinship guardianship assistance payments may be
paid on behalf of each sibling so placed.''.
(c) Conforming Amendments.--
(1) Eligibility for adoption assistance payments.--Section
473(a)(2) of such Act (42 U.S.C. 673(a)(2)) is amended by adding at
the end the following:
``(D) In determining the eligibility for adoption assistance
payments of a child in a legal guardianship arrangement described
in section 471(a)(28), the placement of the child with the relative
guardian involved and any kinship guardianship assistance payments
made on behalf of the child shall be considered never to have been
made.''.
(2) State plan requirement.--
(A) In general.--Section 471(a)(20) of such Act (42 U.S.C.
671(a)(20)) is amended--
(i) by adding ``and'' at the end of subparagraph (C);
and
(ii) by adding at the end the following:
``(D) provides procedures for criminal records checks,
including fingerprint-based checks of national crime
information databases (as defined in section 534(e)(3)(A) of
title 28, United States Code), on any relative guardian, and
for checks described in subparagraph (C) of this paragraph on
any relative guardian and any other adult living in the home of
any relative guardian, before the relative guardian may receive
kinship guardianship assistance payments on behalf of the child
under the State plan under this part;''.
(B) Redesignation of new provision after amendment made by
prior law takes effect.--
(i) In general.--Section 471(a)(20) of the Social
Security Act (42 U.S.C. 671(a)(20)) is amended--
(I) in subparagraph (D), by striking ``(C)'' and
inserting ``(B)''; and
(II) by redesignating subparagraph (D) as
subparagraph (C).
(ii) Effective date.--The amendments made by clause (i)
shall take effect immediately after the amendments made by
section 152 of Public Law 109-248 take effect.
(3) Payments to states.--Section 474(a) of such Act (42 U.S.C.
674(a)) is amended--
(A) by striking the period at the end and inserting ``;
plus''; and
(B) by adding at the end the following:
``(5) an amount equal to the percentage by which the
expenditures referred to in paragraph (2) of this subsection are
reimbursed of the total amount expended during such quarter as
kinship guardianship assistance payments under section 473(d)
pursuant to kinship guardianship assistance agreements.''.
(4) Case plan requirements.--Section 475(1) of such Act (42
U.S.C. 675(1)) is amended by adding at the end the following:
``(F) In the case of a child with respect to whom the
permanency plan is placement with a relative and receipt of
kinship guardianship assistance payments under section 473(d),
a description of--
``(i) the steps that the agency has taken to determine
that it is not appropriate for the child to be returned
home or adopted;
``(ii) the reasons for any separation of siblings
during placement;
``(iii) the reasons why a permanent placement with a
fit and willing relative through a kinship guardianship
assistance arrangement is in the child's best interests;
``(iv) the ways in which the child meets the
eligibility requirements for a kinship guardianship
assistance payment;
``(v) the efforts the agency has made to discuss
adoption by the child's relative foster parent as a more
permanent alternative to legal guardianship and, in the
case of a relative foster parent who has chosen not to
pursue adoption, documentation of the reasons therefor; and
``(vi) the efforts made by the State agency to discuss
with the child's parent or parents the kinship guardianship
assistance arrangement, or the reasons why the efforts were
not made.''.
(5) Section heading amendment.--The section heading for section
473 of such Act (42 U.S.C. 673) is amended by inserting ``and
guardianship'' after ``adoption''.
(d) Continued Services Under Waiver.--Section 474 of such Act (42
U.S.C. 674) is amended by adding at the end the following:
``(g) For purposes of this part, after the termination of a
demonstration project relating to guardianship conducted by a State
under section 1130, the expenditures of the State for the provision, to
children who, as of September 30, 2008, were receiving assistance or
services under the project, of the same assistance and services under
the same terms and conditions that applied during the conduct of the
project, are deemed to be expenditures under the State plan approved
under this part.''.
(e) Eligibility for Independent Living Services and Education and
Training Vouchers for Children Who Exit Foster Care for Relative
Guardianship or Adoption After Age 16.--
(1) Independent living services.--Section 477(a) of such Act
(42 U.S.C. 677(a)) is amended--
(A) by striking ``and'' at the end of paragraph (5);
(B) by striking the period at the end of paragraph (6) and
inserting ``; and''; and
(C) by adding at the end the following:
``(7) to provide the services referred to in this subsection to
children who, after attaining 16 years of age, have left foster
care for kinship guardianship or adoption.''.
(2) Education and training vouchers.--Section 477(i)(2) of such
Act (42 U.S.C. 677(i)(2)) is amended by striking ``adopted from
foster care after attaining age 16'' and inserting ``who, after
attaining 16 years of age, are adopted from, or enter kinship
guardianship from, foster care''.
(f) Categorical Eligibility for Medicaid.--Section 473(b)(3) of
such Act (42 U.S.C. 673(b)(3)) is amended--
(1) in subparagraph (A)(ii), by striking ``or'' at the end;
(2) in subparagraph (B), by striking the period and inserting
``, or''; and
(3) by adding at the end the following:
``(C) with respect to whom kinship guardianship assistance
payments are being made pursuant to subsection (d).''.
SEC. 102. FAMILY CONNECTION GRANTS.
(a) In General.--Part B of title IV of the Social Security Act (42
U.S.C. 620-629i) is amended by inserting after section 426 the
following:
``SEC. 427. FAMILY CONNECTION GRANTS.
``(a) In General.--The Secretary of Health and Human Services may
make matching grants to State, local, or tribal child welfare agencies,
and private nonprofit organizations that have experience in working
with foster children or children in kinship care arrangements, for the
purpose of helping children who are in, or at risk of entering, foster
care reconnect with family members through the implementation of--
``(1) a kinship navigator program to assist kinship caregivers
in learning about, finding, and using programs and services to meet
the needs of the children they are raising and their own needs, and
to promote effective partnerships among public and private agencies
to ensure kinship caregiver families are served, which program--
``(A) shall be coordinated with other State or local
agencies that promote service coordination or provide
information and referral services, including the entities that
provide 2-1-1 or 3-1-1 information systems where available, to
avoid duplication or fragmentation of services to kinship care
families;
``(B) shall be planned and operated in consultation with
kinship caregivers and organizations representing them, youth
raised by kinship caregivers, relevant government agencies, and
relevant community-based or faith-based organizations;
``(C) shall establish information and referral systems that
link (via toll-free access) kinship caregivers, kinship support
group facilitators, and kinship service providers to--
``(i) each other;
``(ii) eligibility and enrollment information for
Federal, State, and local benefits;
``(iii) relevant training to assist kinship caregivers
in caregiving and in obtaining benefits and services; and
``(iv) relevant legal assistance and help in obtaining
legal services;
``(D) shall provide outreach to kinship care families,
including by establishing, distributing, and updating a kinship
care website, or other relevant guides or outreach materials;
``(E) shall promote partnerships between public and private
agencies, including schools, community based or faith-based
organizations, and relevant government agencies, to increase
their knowledge of the needs of kinship care families to
promote better services for those families;
``(F) may establish and support a kinship care ombudsman
with authority to intervene and help kinship caregivers access
services; and
``(G) may support any other activities designed to assist
kinship caregivers in obtaining benefits and services to
improve their caregiving;
``(2) intensive family-finding efforts that utilize search
technology to find biological family members for children in the
child welfare system, and once identified, work to reestablish
relationships and explore ways to find a permanent family placement
for the children;
``(3) family group decision-making meetings for children in the
child welfare system, that--
``(A) enable families to make decisions and develop plans
that nurture children and protect them from abuse and neglect,
and
``(B) when appropriate, shall address domestic violence
issues in a safe manner and facilitate connecting children
exposed to domestic violence to appropriate services, including
reconnection with the abused parent when appropriate; or
``(4) residential family treatment programs that--
``(A) enable parents and their children to live in a safe
environment for a period of not less than 6 months; and
``(B) provide, on-site or by referral, substance abuse
treatment services, children's early intervention services,
family counseling, medical, and mental health services, nursery
and pre-school, and other services that are designed to provide
comprehensive treatment that supports the family.
``(b) Applications.--An entity desiring to receive a matching grant
under this section shall submit to the Secretary an application, at
such time, in such manner, and containing such information as the
Secretary may require, including--
``(1) a description of how the grant will be used to implement
1 or more of the activities described in subsection (a);
``(2) a description of the types of children and families to be
served, including how the children and families will be identified
and recruited, and an initial projection of the number of children
and families to be served;
``(3) if the entity is a private organization--
``(A) documentation of support from the relevant local or
State child welfare agency; or
``(B) a description of how the organization plans to
coordinate its services and activities with those offered by
the relevant local or State child welfare agency; and
``(4) an assurance that the entity will cooperate fully with
any evaluation provided for by the Secretary under this section.
``(c) Limitations.--
``(1) Grant duration.--The Secretary may award a grant under
this section for a period of not less than 1 year and not more than
3 years.
``(2) Number of new grantees per year.--The Secretary may not
award a grant under this section to more than 30 new grantees each
fiscal year.
``(d) Federal Contribution.--The amount of a grant payment to be
made to a grantee under this section during each year in the grant
period shall be the following percentage of the total expenditures
proposed to be made by the grantee in the application approved by the
Secretary under this section:
``(1) 75 percent, if the payment is for the 1st or 2nd year of
the grant period.
``(2) 50 percent, if the payment is for the 3rd year of the
grant period.
``(e) Form of Grantee Contribution.--A grantee under this section
may provide not more than 50 percent of the amount which the grantee is
required to expend to carry out the activities for which a grant is
awarded under this section in kind, fairly evaluated, including plant,
equipment, or services.
``(f) Use of Grant.--A grantee under this section shall use the
grant in accordance with the approved application for the grant.
``(g) Reservations of Funds.--
``(1) Kinship navigator programs.--The Secretary shall reserve
$5,000,000 of the funds made available under subsection (h) for
each fiscal year for grants to implement kinship navigator programs
described in subsection (a)(1).
``(2) Evaluation.--The Secretary shall reserve 3 percent of the
funds made available under subsection (h) for each fiscal year for
the conduct of a rigorous evaluation of the activities funded with
grants under this section.
``(3) Technical assistance.--The Secretary may reserve 2
percent of the funds made available under subsection (h) for each
fiscal year to provide technical assistance to recipients of grants
under this section.
``(h) Appropriation.--Out of any money in the Treasury of the
United States not otherwise appropriated, there are appropriated to the
Secretary for purposes of making grants under this section $15,000,000
for each of fiscal years 2009 through 2013.''.
(b) Conforming Amendment.--Section 425 of such Act (42 U.S.C. 625)
is amended by inserting ``(other than sections 426, 427, and 429)''
after ``this subpart''.
(c) Renaming of Program.--The subpart heading for subpart 1 of part
B of title IV of such Act is amended to read as follows:
``Subpart 1--Stephanie Tubbs Jones Child Welfare Services Program''.
SEC. 103. NOTIFICATION OF RELATIVES.
Section 471(a) of the Social Security Act (42 U.S.C. 671(a)), as
amended by section 101(a) of this Act, is amended--
(1) by striking ``and'' at the end of paragraph (27);
(2) by striking the period at the end of paragraph (28) and
inserting ``; and''; and
(3) by adding at the end the following:
``(29) provides that, within 30 days after the removal of a
child from the custody of the parent or parents of the child, the
State shall exercise due diligence to identify and provide notice
to all adult grandparents and other adult relatives of the child
(including any other adult relatives suggested by the parents),
subject to exceptions due to family or domestic violence, that--
``(A) specifies that the child has been or is being removed
from the custody of the parent or parents of the child;
``(B) explains the options the relative has under Federal,
State, and local law to participate in the care and placement
of the child, including any options that may be lost by failing
to respond to the notice;
``(C) describes the requirements under paragraph (10) of
this subsection to become a foster family home and the
additional services and supports that are available for
children placed in such a home; and
``(D) if the State has elected the option to make kinship
guardianship assistance payments under paragraph (28) of this
subsection, describes how the relative guardian of the child
may subsequently enter into an agreement with the State under
section 473(d) to receive the payments.''.
SEC. 104. LICENSING STANDARDS FOR RELATIVES.
(a) State Plan Amendment.--Section 471(a)(10) of the Social
Security Act (42 U.S.C. 671(a)(10)) is amended--
(1) by striking ``and provides'' and inserting ``provides'';
and
(2) by inserting before the semicolon the following: ``, and
provides that a waiver of any such standard may be made only on a
case-by-case basis for non-safety standards (as determined by the
State) in relative foster family homes for specific children in
care''.
(b) Report.--Not later than 2 years after the date of enactment of
this Act, the Secretary of Health and Human Services shall submit to
the Committee on Ways and Means of the House of Representatives and the
Committee on Finance of the Senate a report that includes the
following:
(1) Nationally and for each State, the number and percentage of
children in foster care placed in licensed relative foster family
homes and the number and percentage of such children placed in
unlicensed relative foster family homes.
(2) The frequency with which States grant case-by-case waivers
of non-safety licensing standards for relative foster family homes.
(3) The types of non-safety licensing standards waived.
(4) An assessment of how such case-by-case waivers of non-
safety licensing standards have affected children in foster care,
including their safety, permanency, and well-being.
(5) A review of any reasons why relative foster family homes
may not be able to be licensed, despite State authority to grant
such case-by-case waivers of non-safety licensing standards.
(6) Recommendations for administrative or legislative actions
that may increase the percentage of relative foster family homes
that are licensed while ensuring the safety of children in foster
care and improving their permanence and well-being.
SEC. 105. AUTHORITY FOR COMPARISONS AND DISCLOSURES OF INFORMATION
IN THE FEDERAL PARENT LOCATOR SERVICE FOR CHILD WELFARE, FOSTER
CARE, AND ADOPTION ASSISTANCE PROGRAM PURPOSES.
Section 453(j)(3) of the Social Security Act (42 U.S.C. 653(j)) is
amended, in the matter preceding subparagraph (A), by inserting ``,
part B, or part E'' after ``this part''.
TITLE II--IMPROVING OUTCOMES FOR CHILDREN IN FOSTER CARE
SEC. 201. STATE OPTION FOR CHILDREN IN FOSTER CARE, AND CERTAIN
CHILDREN IN AN ADOPTIVE OR GUARDIANSHIP PLACEMENT, AFTER
ATTAINING AGE 18.
(a) Definition of Child.--Section 475 of the Social Security Act
(42 U.S.C. 675) is amended by adding at the end the following:
``(8)(A) Subject to subparagraph (B), the term `child' means an
individual who has not attained 18 years of age.
``(B) At the option of a State, the term shall include an
individual--
``(i)(I) who is in foster care under the responsibility of
the State;
``(II) with respect to whom an adoption assistance
agreement is in effect under section 473 if the child had
attained 16 years of age before the agreement became effective;
or
``(III) with respect to whom a kinship guardianship
assistance agreement is in effect under section 473(d) if the
child had attained 16 years of age before the agreement became
effective;
``(ii) who has attained 18 years of age;
``(iii) who has not attained 19, 20, or 21 years of age, as
the State may elect; and
``(iv) who is--
``(I) completing secondary education or a program
leading to an equivalent credential;
``(II) enrolled in an institution which provides post-
secondary or vocational education;
``(III) participating in a program or activity designed
to promote, or remove barriers to, employment;
``(IV) employed for at least 80 hours per month; or
``(V) incapable of doing any of the activities
described in subclauses (I) through (IV) due to a medical
condition, which incapability is supported by regularly
updated information in the case plan of the child.''.
(b) Conforming Amendment to Definition of Child-Care Institution.--
Section 472(c)(2) of such Act (42 U.S.C. 672(c)(2)) is amended by
inserting ``except, in the case of a child who has attained 18 years of
age, the term shall include a supervised setting in which the
individual is living independently, in accordance with such conditions
as the Secretary shall establish in regulations,'' before ``but''.
(c) Conforming Amendments to Age Limits Applicable to Children
Eligible for Adoption Assistance or Kinship Guardianship Assistance.--
Section 473(a)(4) of such Act (42 U.S.C. 673(a)(4)) is amended to read
as follows:
``(4)(A) Notwithstanding any other provision of this section, a
payment may not be made pursuant to this section to parents or relative
guardians with respect to a child--
``(i) who has attained--
``(I) 18 years of age, or such greater age as the State may
elect under section 475(8)(B)(iii); or
``(II) 21 years of age, if the State determines that the
child has a mental or physical handicap which warrants the
continuation of assistance;
``(ii) who has not attained 18 years of age, if the State
determines that the parents or relative guardians, as the case may
be, are no longer legally responsible for the support of the child;
or
``(iii) if the State determines that the child is no longer
receiving any support from the parents or relative guardians, as
the case may be.
``(B) Parents or relative guardians who have been receiving
adoption assistance payments or kinship guardianship assistance
payments under this section shall keep the State or local agency
administering the program under this section informed of circumstances
which would, pursuant to this subsection, make them ineligible for the
payments, or eligible for the payments in a different amount.''.
(d) Effective Date.--The amendments made by this section shall take
effect on October 1, 2010.
SEC. 202. TRANSITION PLAN FOR CHILDREN AGING OUT OF FOSTER CARE.
Section 475(5) of the Social Security Act (42 U.S.C. 675) is
amended--
(1) in subparagraph (F)(ii), by striking ``and'' at the end;
(2) in subparagraph (G), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(H) during the 90-day period immediately prior to the
date on which the child will attain 18 years of age, or such
greater age as the State may elect under paragraph (8)(B)(iii),
whether during that period foster care maintenance payments are
being made on the child's behalf or the child is receiving
benefits or services under section 477, a caseworker on the
staff of the State agency, and, as appropriate, other
representatives of the child provide the child with assistance
and support in developing a transition plan that is
personalized at the direction of the child, includes specific
options on housing, health insurance, education, local
opportunities for mentors and continuing support services, and
work force supports and employment services, and is as detailed
as the child may elect.''.
SEC. 203. SHORT-TERM TRAINING FOR CHILD WELFARE AGENCIES, RELATIVE
GUARDIANS, AND COURT PERSONNEL.
(a) In General.--Section 474(a)(3)(B) of the Social Security Act
(42 U.S.C. 674(a)(3)(B)) is amended--
(1) by inserting ``or relative guardians'' after ``adoptive
parents'';
(2) by striking ``and the members'' and inserting ``, the
members'';
(3) by inserting ``, or State-licensed or State-approved child
welfare agencies providing services,'' after ``providing care'';
(4) by striking ``foster and adopted'' the 1st place it
appears;
(5) by inserting ``and members of the staff of abuse and
neglect courts, agency attorneys, attorneys representing children
or parents, guardians ad litem, or other court-appointed special
advocates representing children in proceedings of such courts,''
after ``part,'';
(6) by inserting ``guardians,'' before ``staff members,'';
(7) by striking ``and institutions'' and inserting
``institutions, attorneys, and advocates''; and
(8) by inserting ``and children living with relative
guardians'' after ``foster and adopted children'' the 2nd place it
appears.
(b) Phase-in.--With respect to an expenditure described in section
474(a)(3)(B) of the Social Security Act by reason of an amendment made
by subsection (a) of this section, in lieu of the percentage set forth
in such section 474(a)(3)(B), the percentage that shall apply is--
(1) 55 percent, if the expenditure is made in fiscal year 2009;
(2) 60 percent, if the expenditure is made in fiscal year 2010;
(3) 65 percent, if the expenditure is made in fiscal year 2011;
or
(4) 70 percent, if the expenditure is made in fiscal year 2012.
SEC. 204. EDUCATIONAL STABILITY.
(a) In General.--Section 475 of the Social Security Act (42 U.S.C.
675), as amended by section 101(c)(4) of this Act, is amended--
(1) in paragraph (1)--
(A) in subparagraph (C), by striking clause (iv) and
redesignating clauses (v) through (viii) as clauses (iv)
through (vii), respectively; and
(B) by adding at the end the following:
``(G) A plan for ensuring the educational stability of the
child while in foster care, including--
``(i) assurances that the placement of the child in
foster care takes into account the appropriateness of the
current educational setting and the proximity to the school
in which the child is enrolled at the time of placement;
and
``(ii)(I) an assurance that the State agency has
coordinated with appropriate local educational agencies (as
defined under section 9101 of the Elementary and Secondary
Education Act of 1965) to ensure that the child remains in
the school in which the child is enrolled at the time of
placement; or
``(II) if remaining in such school is not in the best
interests of the child, assurances by the State agency and
the local educational agencies to provide immediate and
appropriate enrollment in a new school, with all of the
educational records of the child provided to the school.'';
and
(2) in the 1st sentence of paragraph (4)(A)--
(A) by striking ``and reasonable'' and inserting
``reasonable''; and
(B) by inserting ``, and reasonable travel for the child to
remain in the school in which the child is enrolled at the time
of placement'' before the period.
(b) Educational Attendance Requirement.--Section 471(a) of the
Social Security Act (42 U.S.C. 671(a)), as amended by sections 101(a)
and 103 of this Act, is amended--
(1) by striking ``and'' at the end of paragraph (28);
(2) by striking the period at the end of paragraph (29) and
inserting ``; and''; and
(3) by adding at the end the following:
``(30) provides assurances that each child who has attained the
minimum age for compulsory school attendance under State law and
with respect to whom there is eligibility for a payment under the
State plan is a full-time elementary or secondary school student or
has completed secondary school, and for purposes of this paragraph,
the term `elementary or secondary school student' means, with
respect to a child, that the child is--
``(A) enrolled (or in the process of enrolling) in an
institution which provides elementary or secondary education,
as determined under the law of the State or other jurisdiction
in which the institution is located;
``(B) instructed in elementary or secondary education at
home in accordance with a home school law of the State or other
jurisdiction in which the home is located;
``(C) in an independent study elementary or secondary
education program in accordance with the law of the State or
other jurisdiction in which the program is located, which is
administered by the local school or school district; or
``(D) incapable of attending school on a full-time basis
due to the medical condition of the child, which incapability
is supported by regularly updated information in the case plan
of the child.''.
SEC. 205. HEALTH OVERSIGHT AND COORDINATION PLAN.
Section 422(b)(15) of the Social Security Act (42 U.S.C.
622(b)(15)) is amended to read as follows:
``(15)(A) provides that the State will develop, in coordination
and collaboration with the State agency referred to in paragraph
(1) and the State agency responsible for administering the State
plan approved under title XIX, and in consultation with
pediatricians, other experts in health care, and experts in and
recipients of child welfare services, a plan for the ongoing
oversight and coordination of health care services for any child in
a foster care placement, which shall ensure a coordinated strategy
to identify and respond to the health care needs of children in
foster care placements, including mental health and dental health
needs, and shall include an outline of--
``(i) a schedule for initial and follow-up health
screenings that meet reasonable standards of medical practice;
``(ii) how health needs identified through screenings will
be monitored and treated;
``(iii) how medical information for children in care will
be updated and appropriately shared, which may include the
development and implementation of an electronic health record;
``(iv) steps to ensure continuity of health care services,
which may include the establishment of a medical home for every
child in care;
``(v) the oversight of prescription medicines; and
``(vi) how the State actively consults with and involves
physicians or other appropriate medical or non-medical
professionals in assessing the health and well-being of
children in foster care and in determining appropriate medical
treatment for the children; and
``(B) subparagraph (A) shall not be construed to reduce or
limit the responsibility of the State agency responsible for
administering the State plan approved under title XIX to administer
and provide care and services for children with respect to whom
services are provided under the State plan developed pursuant to
this subpart;''.
SEC. 206. SIBLING PLACEMENT.
Section 471(a) of the Social Security Act (42 U.S.C. 671(a)), as
amended by sections 101(a), 103, and 204(b) of this Act, is amended--
(1) by striking ``and'' at the end of paragraph (29);
(2) by striking the period at the end of paragraph (30) and
inserting ``; and''; and
(3) by adding at the end the following:
``(31) provides that reasonable efforts shall be made--
``(A) to place siblings removed from their home in the same
foster care, kinship guardianship, or adoptive placement,
unless the State documents that such a joint placement would be
contrary to the safety or well-being of any of the siblings;
and
``(B) in the case of siblings removed from their home who
are not so jointly placed, to provide for frequent visitation
or other ongoing interaction between the siblings, unless that
State documents that frequent visitation or other ongoing
interaction would be contrary to the safety or well-being of
any of the siblings.''.
TITLE III--TRIBAL FOSTER CARE AND ADOPTION ACCESS
SEC. 301. EQUITABLE ACCESS FOR FOSTER CARE AND ADOPTION SERVICES
FOR INDIAN CHILDREN IN TRIBAL AREAS.
(a) Authority for Direct Payment of Federal Title IV-E Funds for
Programs Operated by Indian Tribal Organizations.--
(1) In general.--Part E of title IV of the Social Security Act
(42 U.S.C. 670 et seq.) is amended by adding at the end the
following:
``SEC. 479B. PROGRAMS OPERATED BY INDIAN TRIBAL ORGANIZATIONS.
``(a) Definitions of Indian Tribe; Tribal Organizations.--In this
section, the terms `Indian tribe' and `tribal organization' have the
meanings given those terms in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
``(b) Authority.--Except as otherwise provided in this section,
this part shall apply in the same manner as this part applies to a
State to an Indian tribe, tribal organization, or tribal consortium
that elects to operate a program under this part and has a plan
approved by the Secretary under section 471 in accordance with this
section.
``(c) Plan Requirements.--
``(1) In general.--An Indian tribe, tribal organization, or
tribal consortium that elects to operate a program under this part
shall include with its plan submitted under section 471 the
following:
``(A) Financial management.--Evidence demonstrating that
the tribe, organization, or consortium has not had any
uncorrected significant or material audit exceptions under
Federal grants or contracts that directly relate to the
administration of social services for the 3-year period prior
to the date on which the plan is submitted.
``(B) Service areas and populations.--For purposes of
complying with section 471(a)(3), a description of the service
area or areas and populations to be served under the plan and
an assurance that the plan shall be in effect in all service
area or areas and for all populations served by the tribe,
organization, or consortium.
``(C) Eligibility.--
``(i) In general.--Subject to clause (ii) of this
subparagraph, an assurance that the plan will provide--
``(I) foster care maintenance payments under
section 472 only on behalf of children who satisfy the
eligibility requirements of section 472(a);
``(II) adoption assistance payments under section
473 pursuant to adoption assistance agreements only on
behalf of children who satisfy the eligibility
requirements for such payments under that section; and
``(III) at the option of the tribe, organization,
or consortium, kinship guardianship assistance payments
in accordance with section 473(d) only on behalf of
children who meet the requirements of section
473(d)(3).
``(ii) Satisfaction of foster care eligibility
requirements.--For purposes of determining whether a child
whose placement and care are the responsibility of an
Indian tribe, tribal organization, or tribal consortium
with a plan approved under section 471 in accordance with
this section satisfies the requirements of section 472(a),
the following shall apply:
``(I) Use of affidavits, etc.--Only with respect to
the first 12 months for which such plan is in effect,
the requirement in paragraph (1) of section 472(a)
shall not be interpreted so as to prohibit the use of
affidavits or nunc pro tunc orders as verification
documents in support of the reasonable efforts and
contrary to the welfare of the child judicial
determinations required under that paragraph.
``(II) AFDC eligibility requirement.--The State
plan approved under section 402 (as in effect on July
16, 1996) of the State in which the child resides at
the time of removal from the home shall apply to the
determination of whether the child satisfies section
472(a)(3).
``(D) Option to claim in-kind expenditures from third-party
sources for non-federal share of administrative and training
costs during initial implementation period.--Only for fiscal
year quarters beginning after September 30, 2009, and before
October 1, 2014, a list of the in-kind expenditures (which
shall be fairly evaluated, and may include plants, equipment,
administration, or services) and the third-party sources of
such expenditures that the tribe, organization, or consortium
may claim as part of the non-Federal share of administrative or
training expenditures attributable to such quarters for
purposes of receiving payments under section 474(a)(3). The
Secretary shall permit a tribe, organization, or consortium to
claim in-kind expenditures from third party sources for such
purposes during such quarters subject to the following:
``(i) No effect on authority for tribes, organizations,
or consortia to claim expenditures or indirect costs to the
same extent as states.--Nothing in this subparagraph shall
be construed as preventing a tribe, organization, or
consortium from claiming any expenditures or indirect costs
for purposes of receiving payments under section 474(a)
that a State with a plan approved under section 471(a)
could claim for such purposes.
``(ii) Fiscal year 2010 or 2011.--
``(I) Expenditures other than for training.--With
respect to amounts expended during a fiscal year
quarter beginning after September 30, 2009, and before
October 1, 2011, for which the tribe, organization, or
consortium is eligible for payments under subparagraph
(C), (D), or (E) of section 474(a)(3), not more than 25
percent of such amounts may consist of in-kind
expenditures from third-party sources specified in the
list required under this subparagraph to be submitted
with the plan.
``(II) Training expenditures.--With respect to
amounts expended during a fiscal year quarter beginning
after September 30, 2009, and before October 1, 2011,
for which the tribe, organization, or consortium is
eligible for payments under subparagraph (A) or (B) of
section 474(a)(3), not more than 12 percent of such
amounts may consist of in-kind expenditures from third-
party sources that are specified in such list and
described in subclause (III).
``(III) Sources described.--For purposes of
subclause (II), the sources described in this subclause
are the following:
``(aa) A State or local government.
``(bb) An Indian tribe, tribal organization, or
tribal consortium other than the tribe,
organization, or consortium submitting the plan.
``(cc) A public institution of higher
education.
``(dd) A Tribal College or University (as
defined in section 316 of the Higher Education Act
of 1965 (20 U.S.C. 1059c)).
``(ee) A private charitable organization.
``(iii) Fiscal year 2012, 2013, or 2014.--
``(I) In general.--Except as provided in subclause
(II) of this clause and clause (v) of this
subparagraph, with respect to amounts expended during
any fiscal year quarter beginning after September 30,
2011, and before October 1, 2014, for which the tribe,
organization, or consortium is eligible for payments
under any subparagraph of section 474(a)(3) of this
Act, the only in-kind expenditures from third-party
sources that may be claimed by the tribe, organization,
or consortium for purposes of determining the non-
Federal share of such expenditures (without regard to
whether the expenditures are specified on the list
required under this subparagraph to be submitted with
the plan) are in-kind expenditures that are specified
in regulations promulgated by the Secretary under
section 301(e)(2) of the Fostering Connections to
Success and Increasing Adoptions Act of 2008 and are
from an applicable third-party source specified in such
regulations, and do not exceed the applicable
percentage for claiming such in-kind expenditures
specified in the regulations.
``(II) Transition period for early approved tribes,
organizations, or consortia.--Subject to clause (v), if
the tribe, organization, or consortium is an early
approved tribe, organization, or consortium (as defined
in subclause (III) of this clause), the Secretary shall
not require the tribe, organization, or consortium to
comply with such regulations before October 1, 2013.
Until the earlier of the date such tribe, organization,
or consortium comes into compliance with such
regulations or October 1, 2013, the limitations on the
claiming of in-kind expenditures from third-party
sources under clause (ii) shall continue to apply to
such tribe, organization, or consortium (without regard
to fiscal limitation) for purposes of determining the
non-Federal share of amounts expended by the tribe,
organization, or consortium during any fiscal year
quarter that begins after September 30, 2011, and
before such date of compliance or October 1, 2013,
whichever is earlier.
``(III) Definition of early approved tribe,
organization, or consortium.--For purposes of subclause
(II) of this clause, the term `early approved tribe,
organization, or consortium' means an Indian tribe,
tribal organization, or tribal consortium that had a
plan approved under section 471 in accordance with this
section for any quarter of fiscal year 2010 or 2011.
``(iv) Fiscal year 2015 and thereafter.--Subject to
clause (v) of this subparagraph, with respect to amounts
expended during any fiscal year quarter beginning after
September 30, 2014, for which the tribe, organization, or
consortium is eligible for payments under any subparagraph
of section 474(a)(3) of this Act, in-kind expenditures from
third-party sources may be claimed for purposes of
determining the non-Federal share of expenditures under any
subparagraph of such section 474(a)(3) only in accordance
with the regulations promulgated by the Secretary under
section 301(e)(2) of the Fostering Connections to Success
and Increasing Adoptions Act of 2008.
``(v) Contingency rule.--If, at the time expenditures
are made for a fiscal year quarter beginning after
September 30, 2011, and before October 1, 2014, for which a
tribe, organization, or consortium may receive payments for
under section 474(a)(3) of this Act, no regulations
required to be promulgated under section 301(e)(2) of the
Fostering Connections to Success and Increasing Adoptions
Act of 2008 are in effect, and no legislation has been
enacted specifying otherwise--
``(I) in the case of any quarter of fiscal year
2012, 2013, or 2014, the limitations on claiming in-
kind expenditures from third-party sources under clause
(ii) of this subparagraph shall apply (without regard
to fiscal limitation) for purposes of determining the
non-Federal share of such expenditures; and
``(II) in the case of any quarter of fiscal year
2015 or any fiscal year thereafter, no tribe,
organization, or consortium may claim in-kind
expenditures from third-party sources for purposes of
determining the non-Federal share of such expenditures
if a State with a plan approved under section 471(a) of
this Act could not claim in-kind expenditures from
third-party sources for such purposes.
``(2) Clarification of tribal authority to establish standards
for tribal foster family homes and tribal child care
institutions.--For purposes of complying with section 471(a)(10),
an Indian tribe, tribal organization, or tribal consortium shall
establish and maintain a tribal authority or authorities which
shall be responsible for establishing and maintaining tribal
standards for tribal foster family homes and tribal child care
institutions.
``(3) Consortium.--The participating Indian tribes or tribal
organizations of a tribal consortium may develop and submit a
single plan under section 471 that meets the requirements of this
section.
``(d) Determination of Federal Medical Assistance Percentage for
Foster Care Maintenance and Adoption Assistance Payments.--
``(1) Per capita income.--For purposes of determining the
Federal medical assistance percentage applicable to an Indian
tribe, a tribal organization, or a tribal consortium under
paragraphs (1), (2), and (5) of section 474(a), the calculation of
the per capita income of the Indian tribe, tribal organization, or
tribal consortium shall be based upon the service population of the
Indian tribe, tribal organization, or tribal consortium, except
that in no case shall an Indian tribe, a tribal organization, or a
tribal consortium receive less than the Federal medical assistance
percentage for any State in which the tribe, organization, or
consortium is located.
``(2) Consideration of other information.--Before making a
calculation under paragraph (1), the Secretary shall consider any
information submitted by an Indian tribe, a tribal organization, or
a tribal consortium that the Indian tribe, tribal organization, or
tribal consortium considers relevant to making the calculation of
the per capita income of the Indian tribe, tribal organization, or
tribal consortium.
``(e) Nonapplication to Cooperative Agreements and Contracts.--Any
cooperative agreement or contract entered into between an Indian tribe,
a tribal organization, or a tribal consortium and a State for the
administration or payment of funds under this part that is in effect as
of the date of enactment of this section shall remain in full force and
effect, subject to the right of either party to the agreement or
contract to revoke or modify the agreement or contract pursuant to the
terms of the agreement or contract. Nothing in this section shall be
construed as affecting the authority for an Indian tribe, a tribal
organization, or a tribal consortium and a State to enter into a
cooperative agreement or contract for the administration or payment of
funds under this part.
``(f) John H. Chafee Foster Care Independence Program.--Except as
provided in section 477(j), subsection (b) of this section shall not
apply with respect to the John H. Chafee Foster Care Independence
Program established under section 477 (or with respect to payments made
under section 474(a)(4) or grants made under section 474(e)).
``(g) Rule of Construction.--Nothing in this section shall be
construed as affecting the application of section 472(h) to a child on
whose behalf payments are paid under section 472, or the application of
section 473(b) to a child on whose behalf payments are made under
section 473 pursuant to an adoption assistance agreement or a kinship
guardianship assistance agreement, by an Indian tribe, tribal
organization, or tribal consortium that elects to operate a foster care
and adoption assistance program in accordance with this section.''.
(2) Conforming amendments.--Section 472(a)(2)(B) of such Act
(42 U.S.C. 672(a)(2)(B)) is amended--
(A) in clause (i), by striking ``or'' at the end;
(B) in clause (ii), by striking ``and'' at the end and
inserting ``or''; and
(C) by adding at the end the following:
``(iii) an Indian tribe or a tribal organization (as
defined in section 479B(a)) or a tribal consortium that has
a plan approved under section 471 in accordance with
section 479B; and''.
(b) Authority to Receive Portion of State Allotment as Part of an
Agreement to Operate the John H. Chafee Foster Care Independence
Program.--Section 477 of such Act (42 U.S.C. 677) is amended by adding
at the end the following:
``(j) Authority for an Indian Tribe, Tribal Organization, or Tribal
Consortium to Receive an Allotment.--
``(1) In general.--An Indian tribe, tribal organization, or
tribal consortium with a plan approved under section 479B, or which
is receiving funding to provide foster care under this part
pursuant to a cooperative agreement or contract with a State, may
apply for an allotment out of any funds authorized by paragraph (1)
or (2) (or both) of subsection (h) of this section.
``(2) Application.--A tribe, organization, or consortium
desiring an allotment under paragraph (1) of this subsection shall
submit an application to the Secretary to directly receive such
allotment that includes a plan which--
``(A) satisfies such requirements of paragraphs (2) and (3)
of subsection (b) as the Secretary determines are appropriate;
``(B) contains a description of the tribe's,
organization's, or consortium's consultation process regarding
the programs to be carried out under the plan with each State
for which a portion of an allotment under subsection (c) would
be redirected to the tribe, organization, or consortium; and
``(C) contains an explanation of the results of such
consultation, particularly with respect to--
``(i) determining the eligibility for benefits and
services of Indian children to be served under the programs
to be carried out under the plan; and
``(ii) the process for consulting with the State in
order to ensure the continuity of benefits and services for
such children who will transition from receiving benefits
and services under programs carried out under a State plan
under subsection (b)(2) to receiving benefits and services
under programs carried out under a plan under this
subsection.
``(3) Payments.--The Secretary shall pay an Indian tribe,
tribal organization, or tribal consortium with an application and
plan approved under this subsection from the allotment determined
for the tribe, organization, or consortium under paragraph (4) of
this subsection in the same manner as is provided in section
474(a)(4) (and, where requested, and if funds are appropriated,
section 474(e)) with respect to a State, or in such other manner as
is determined appropriate by the Secretary, except that in no case
shall an Indian tribe, a tribal organization, or a tribal
consortium receive a lesser proportion of such funds than a State
is authorized to receive under those sections.
``(4) Allotment.--From the amounts allotted to a State under
subsection (c) of this section for a fiscal year, the Secretary
shall allot to each Indian tribe, tribal organization, or tribal
consortium with an application and plan approved under this
subsection for that fiscal year an amount equal to the tribal
foster care ratio determined under paragraph (5) of this subsection
for the tribe, organization, or consortium multiplied by the
allotment amount of the State within which the tribe, organization,
or consortium is located. The allotment determined under this
paragraph is deemed to be a part of the allotment determined under
section 477(c) for the State in which the Indian tribe, tribal
organization, or tribal consortium is located.
``(5) Tribal foster care ratio.--For purposes of paragraph (4),
the tribal foster care ratio means, with respect to an Indian
tribe, tribal organization, or tribal consortium, the ratio of--
``(A) the number of children in foster care under the
responsibility of the Indian tribe, tribal organization, or
tribal consortium (either directly or under supervision of the
State), in the most recent fiscal year for which the
information is available; to
``(B) the sum of--
``(i) the total number of children in foster care under
the responsibility of the State within which the Indian
tribe, tribal organization, or tribal consortium is
located; and
``(ii) the total number of children in foster care
under the responsibility of all Indian tribes, tribal
organizations, or tribal consortia in the State (either
directly or under supervision of the State) that have a
plan approved under this subsection.''.
(c) State and Tribal Cooperation.--
(1) State plan requirement to negotiate in good faith.--
(A) In general.--Section 471(a) of the Social Security Act
(42 U.S.C. 671(a)), as amended by sections 101(a), 103, 204(b),
and 206 of this Act, is amended--
(i) by striking ``and'' at the end of paragraph (30);
(ii) by striking the period at the end of paragraph
(31) and inserting ``; and''; and
(iii) by adding at the end the following:
``(32) provides that the State will negotiate in good faith
with any Indian tribe, tribal organization or tribal consortium in
the State that requests to develop an agreement with the State to
administer all or part of the program under this part on behalf of
Indian children who are under the authority of the tribe,
organization, or consortium, including foster care maintenance
payments on behalf of children who are placed in State or tribally
licensed foster family homes, adoption assistance payments, and, if
the State has elected to provide such payments, kinship
guardianship assistance payments under section 473(d), and tribal
access to resources for administration, training, and data
collection under this part.''.
(B) Chafee program conforming amendment.--Section
477(b)(3)(G) of such Act (42 U.S.C. 677(b)(3)(G)) is amended--
(i) by striking ``and that'' and inserting ``that'';
and
(ii) by striking the period at the end and inserting
``; and that the State will negotiate in good faith with
any Indian tribe, tribal organization, or tribal consortium
in the State that does not receive an allotment under
subsection (j)(4) for a fiscal year and that requests to
develop an agreement with the State to administer,
supervise, or oversee the programs to be carried out under
the plan with respect to the Indian children who are
eligible for such programs and who are under the authority
of the tribe, organization, or consortium and to receive
from the State an appropriate portion of the State
allotment under subsection (c) for the cost of such
administration, supervision, or oversight.''.
(2) Application of tribal federal matching rate to cooperative
agreements or contracts between state or tribes.--Paragraphs (1)
and (2) of section 474(a) of such Act (42 U.S.C. 674(a)) are each
amended by inserting ``(or, with respect to such payments made
during such quarter under a cooperative agreement or contract
entered into by the State and an Indian tribe, tribal organization,
or tribal consortium for the administration or payment of funds
under this part, an amount equal to the Federal medical assistance
percentage that would apply under section 479B(d) (in this
paragraph referred to as the `tribal FMAP') if such Indian tribe,
tribal organization, or tribal consortium made such payments under
a program operated under that section, unless the tribal FMAP is
less than the Federal medical assistance percentage that applies to
the State)'' before the semicolon.
(d) Rules of Construction.--Nothing in the amendments made by this
section shall be construed as--
(1) authorization to terminate funding on behalf of any Indian
child receiving foster care maintenance payments or adoption
assistance payments on the date of enactment of this Act and for
which the State receives Federal matching payments under paragraph
(1) or (2) of section 474(a) of the Social Security Act (42 U.S.C.
674(a)), regardless of whether a cooperative agreement or contract
between the State and an Indian tribe, tribal organization, or
tribal consortium is in effect on such date or an Indian tribe,
tribal organization, or tribal consortium elects subsequent to such
date to operate a program under section 479B of such Act (as added
by subsection (a) of this section); or
(2) affecting the responsibility of a State--
(A) as part of the plan approved under section 471 of the
Social Security Act (42 U.S.C. 671), to provide foster care
maintenance payments, adoption assistance payments, and if the
State elects, kinship guardianship assistance payments, for
Indian children who are eligible for such payments and who are
not otherwise being served by an Indian tribe, tribal
organization, or tribal consortium pursuant to a program under
such section 479B of such Act or a cooperative agreement or
contract entered into between an Indian tribe, a tribal
organization, or a tribal consortium and a State for the
administration or payment of funds under part E of title IV of
such Act; or
(B) as part of the plan approved under section 477 of such
Act (42 U.S.C. 677) to administer, supervise, or oversee
programs carried out under that plan on behalf of Indian
children who are eligible for such programs if such children
are not otherwise being served by an Indian tribe, tribal
organization, or tribal consortium pursuant to an approved plan
under section 477(j) of such Act or a cooperative agreement or
contract entered into under section 477(b)(3)(G) of such Act.
(e) Regulations.--
(1) In general.--Except as provided in paragraph (2) of this
subsection, not later than 1 year after the date of enactment of
this section, the Secretary of Health and Human Services, in
consultation with Indian tribes, tribal organizations, tribal
consortia, and affected States, shall promulgate interim final
regulations to carry out this section and the amendments made by
this section. Such regulations shall include procedures to ensure
that a transfer of responsibility for the placement and care of a
child under a State plan approved under section 471 of the Social
Security Act to a tribal plan approved under section 471 of such
Act in accordance with section 479B of such Act (as added by
subsection (a)(1) of this section) or to an Indian tribe, a tribal
organization, or a tribal consortium that has entered into a
cooperative agreement or contract with a State for the
administration or payment of funds under part E of title IV of such
Act does not affect the eligibility of, provision of services for,
or the making of payments on behalf of, such children under part E
of title IV of such Act, or the eligibility of such children for
medical assistance under title XIX of such Act.
(2) In-kind expenditures from third-party sources for purposes
of determining non-federal share of administrative and training
expenditures.--
(A) In general.--Subject to subparagraph (B) of this
paragraph, not later than September 30, 2011, the Secretary of
Health and Human Services, in consultation with Indian tribes,
tribal organizations, and tribal consortia, shall promulgate
interim final regulations specifying the types of in-kind
expenditures, including plants, equipment, administration, and
services, and the third-party sources for such in-kind
expenditures which may be claimed by tribes, organizations, and
consortia with plans approved under section 471 of the Social
Security Act in accordance with section 479B of such Act, up to
such percentages as the Secretary, in such consultation shall
specify in such regulations, for purposes of determining the
non-Federal share of administrative and training expenditures
for which the tribes, organizations, and consortia may receive
payments for under any subparagraph of section 474(a)(3) of
such Act.
(B) Effective date.--In no event shall the regulations
required to be promulgated under subparagraph (A) take effect
prior to October 1, 2011.
(C) Sense of the congress.--It is the sense of the Congress
that if the Secretary of Health and Human Services fails to
publish in the Federal Register the regulations required under
subparagraph (A) of this paragraph, the Congress should enact
legislation specifying the types of in-kind expenditures and
the third-party sources for such in-kind expenditures which may
be claimed by tribes, organizations, and consortia with plans
approved under section 471 of the Social Security Act in
accordance with section 479B of such Act, up to specific
percentages, for purposes of determining the non-Federal share
of administrative and training expenditures for which the
tribes, organizations, and consortia may receive payments for
under any subparagraph of section 474(a)(3) of such Act.
(f) Effective Date.--The amendments made by subsections (a), (b),
and (c) shall take effect on October 1, 2009, without regard to whether
the regulations required under subsection (e)(1) have been promulgated
by such date.
SEC. 302. TECHNICAL ASSISTANCE AND IMPLEMENTATION.
Section 476 of the Social Security Act (42 U.S.C. 676) is amended
by adding at the end the following:
``(c) Technical Assistance and Implementation Services for Tribal
Programs.--
``(1) Authority.--The Secretary shall provide technical
assistance and implementation services that are dedicated to
improving services and permanency outcomes for Indian children and
their families through the provision of assistance described in
paragraph (2).
``(2) Assistance provided.--
``(A) In general.--The technical assistance and
implementation services shall be to--
``(i) provide information, advice, educational
materials, and technical assistance to Indian tribes and
tribal organizations with respect to the types of services,
administrative functions, data collection, program
management, and reporting that are required under State
plans under part B and this part;
``(ii) assist and provide technical assistance to--
``(I) Indian tribes, tribal organizations, and
tribal consortia seeking to operate a program under
part B or under this part through direct application to
the Secretary under section 479B; and
``(II) Indian tribes, tribal organizations, tribal
consortia, and States seeking to develop cooperative
agreements to provide for payments under this part or
satisfy the requirements of section 422(b)(9),
471(a)(32), or 477(b)(3)(G); and
``(iii) subject to subparagraph (B), make one-time
grants, to tribes, tribal organizations, or tribal
consortia that are seeking to develop, and intend, not
later than 24 months after receiving such a grant to submit
to the Secretary a plan under section 471 to implement a
program under this part as authorized by section 479B, that
shall--
``(I) not exceed $300,000; and
``(II) be used for the cost of developing a plan
under section 471 to carry out a program under section
479B, including costs related to development of
necessary data collection systems, a cost allocation
plan, agency and tribal court procedures necessary to
meet the case review system requirements under section
475(5), or any other costs attributable to meeting any
other requirement necessary for approval of such a plan
under this part.
``(B) Grant condition.--
``(i) In general.--As a condition of being paid a grant
under subparagraph (A)(iii), a tribe, tribal organization,
or tribal consortium shall agree to repay the total amount
of the grant awarded if the tribe, tribal organization, or
tribal consortium fails to submit to the Secretary a plan
under section 471 to carry out a program under section 479B
by the end of the 24-month period described in that
subparagraph.
``(ii) Exception.--The Secretary shall waive the
requirement to repay a grant imposed by clause (i) if the
Secretary determines that a tribe's, tribal organization's,
or tribal consortium's failure to submit a plan within such
period was the result of circumstances beyond the control
of the tribe, tribal organization, or tribal consortium.
``(C) Implementation authority.--The Secretary may provide
the technical assistance and implementation services described
in subparagraph (A) either directly or through a grant or
contract with public or private organizations knowledgeable and
experienced in the field of Indian tribal affairs and child
welfare.
``(3) Appropriation.--There is appropriated to the Secretary,
out of any money in the Treasury of the United States not otherwise
appropriated, $3,000,000 for fiscal year 2009 and each fiscal year
thereafter to carry out this subsection.''.
TITLE IV--IMPROVEMENT OF INCENTIVES FOR ADOPTION
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''; and
(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--
``(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,''.
SEC. 402. PROMOTION OF ADOPTION OF CHILDREN WITH SPECIAL NEEDS.
Section 473 of the Social Security Act (42 U.S.C. 673), as amended
by section 101(b) of this Act, is amended--
(1) in subsection (a)--
(A) in paragraph (2)--
(i) in subparagraph (A)--
(I) by redesignating items (aa) and (bb) of clause
(i)(I) as subitems (AA) and (BB), respectively;
(II) in subitem (BB) of clause (i)(I) (as so
redesignated), by striking ``item (aa) of this
subclause'' and inserting ``subitem (AA) of this
item'';
(III) by redesignating subclauses (I) through (III)
of clause (i) as items (aa) through (cc), respectively;
(IV) by redesignating clauses (i) and (ii) as
subclauses (I) and (II), respectively;
(V) by realigning the margins of the items,
subclauses, and clauses redesignated by subclauses (I)
through (IV) accordingly;
(VI) by striking ``if the child--'' and inserting
``if--
``(i) in the case of a child who is not an applicable child for
the fiscal year (as defined in subsection (e)), the child--'';
(VII) in subclause (II) of clause (i) (as so
redesignated)--
(aa) by striking ``(c)'' and inserting
``(c)(1)''; and
(bb) by striking the period at the end and
inserting ``; or''; and
(VIII) by adding at the end the following:
``(ii) in the case of a child who is an applicable child for
the fiscal year (as so defined), the child--
``(I)(aa) at the time of initiation of adoption proceedings
was in the care of a public or licensed private child placement
agency or Indian tribal organization pursuant to--
``(AA) an involuntary removal of the child from the
home in accordance with a judicial determination to the
effect that continuation in the home would be contrary to
the welfare of the child; or
``(BB) a voluntary placement agreement or voluntary
relinquishment;
``(bb) meets all medical or disability requirements of
title XVI with respect to eligibility for supplemental security
income benefits; or
``(cc) was residing in a foster family home or child care
institution with the child's minor parent, and the child's
minor parent was in such foster family home or child care
institution pursuant to--
``(AA) an involuntary removal of the child from the
home in accordance with a judicial determination to the
effect that continuation in the home would be contrary to
the welfare of the child; or
``(BB) a voluntary placement agreement or voluntary
relinquishment; and
``(II) has been determined by the State, pursuant to
subsection (c)(2), to be a child with special needs.''; and
(ii) in subparagraph (C)--
(I) by redesignating subclauses (I) and (II) of
clause (iii) as items (aa) and (bb), respectively;
(II) by redesignating subclauses (I) and (II) of
clause (iv) as items (aa) and (bb), respectively;
(III) by redesignating clauses (i) through (iv) as
subclauses (I) through (IV), respectively;
(IV) by realigning the margins of the subclauses
and clauses redesignated by subclauses (I) through
(III) accordingly;
(V) by striking ``if the child--'' and inserting
``if--
``(i) in the case of a child who is not an applicable child for
the fiscal year (as defined in subsection (e)), the child--'';
(VI) in clause (i)(I) (as so redesignated), by
striking ``(A)(ii)'' and inserting ``(A)(i)(II)'';
(VII) in clause (i)(IV) (as so redesignated)--
(aa) in the matter preceding item (aa), by
striking ``(A)'' and inserting ``(A)(i)''; and
(bb) by striking the period at the end and
inserting ``; or''; and
(VIII) by adding at the end the following:
``(ii) in the case of a child who is an applicable child for
the fiscal year (as so defined), the child meets the requirements
of subparagraph (A)(ii)(II), is determined eligible for adoption
assistance payments under this part with respect to a prior
adoption (or who would have been determined eligible for such
payments had the Adoption and Safe Families Act of 1997 been in
effect at the time that such determination would have been made),
and is available for adoption because the prior adoption has been
dissolved and the parental rights of the adoptive parents have been
terminated or because the child's adoptive parents have died.'';
and
(B) by adding at the end the following:
``(7)(A) Notwithstanding any other provision of this subsection, no
payment may be made to parents with respect to any applicable child for
a fiscal year that--
``(i) would be considered a child with special needs under
subsection (c)(2);
``(ii) is not a citizen or resident of the United States; and
``(iii) was adopted outside of the United States or was brought
into the United States for the purpose of being adopted.
``(B) Subparagraph (A) shall not be construed as prohibiting
payments under this part for an applicable child described in
subparagraph (A) that is placed in foster care subsequent to the
failure, as determined by the State, of the initial adoption of the
child by the parents described in subparagraph (A).
``(8) A State shall spend an amount equal to the amount of savings
(if any) in State expenditures under this part resulting from the
application of paragraph (2)(A)(ii) to all applicable children for a
fiscal year to provide to children or families any service (including
post-adoption services) that may be provided under this part or part
B.'';
(2) in subsection (c)--
(A) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and realigning the
margins accordingly;
(B) by striking ``this section, a child shall not be
considered a child with special needs unless'' and inserting
``this section--
``(1) in the case of a child who is not an applicable child for
a fiscal year, the child shall not be considered a child with
special needs unless''; and
(C) in paragraph (1)(B), as so redesignated, by striking
the period at the end and inserting ``; or''; and
(D) by adding at the end the following:
``(2) in the case of a child who is an applicable child for a
fiscal year, the child shall not be considered a child with special
needs unless--
``(A) the State has determined, pursuant to a criterion or
criteria established by the State, that the child cannot or
should not be returned to the home of his parents;
``(B)(i) the State has determined that there exists with
respect to the child a specific factor or condition (such as
ethnic background, age, or membership in a minority or sibling
group, or the presence of factors such as medical conditions or
physical, mental, or emotional handicaps) because of which it
is reasonable to conclude that the child cannot be placed with
adoptive parents without providing adoption assistance under
this section and medical assistance under title XIX; or
``(ii) the child meets all medical or disability
requirements of title XVI with respect to eligibility for
supplemental security income benefits; and
``(C) the State has determined that, except where it would
be against the best interests of the child because of such
factors as the existence of significant emotional ties with
prospective adoptive parents while in the care of the parents
as a foster child, a reasonable, but unsuccessful, effort has
been made to place the child with appropriate adoptive parents
without providing adoption assistance under this section or
medical assistance under title XIX.''; and
(3) by adding at the end the following:
``(e) Applicable Child Defined.--
``(1) On the basis of age.--
``(A) In general.--Subject to paragraphs (2) and (3), in
this section, the term `applicable child' means a child for
whom an adoption assistance agreement is entered into under
this section during any fiscal year described in subparagraph
(B) if the child attained the applicable age for that fiscal
year before the end of that fiscal year.
``(B) Applicable age.--For purposes of subparagraph (A),
the applicable age for a fiscal year is as follows:
----------------------------------------------------------------------------------------------------------------
``In the case of fiscal year: The applicable age is:
----------------------------------------------------------------------------------------------------------------
2010....................................................... 16
2011....................................................... 14
2012....................................................... 12
2013....................................................... 10
2014....................................................... 8
2015....................................................... 6
2016....................................................... 4
2017....................................................... 2
2018 or thereafter......................................... any age.
----------------------------------------------------------------------------------------------------------------
``(2) Exception for duration in care.--Notwithstanding
paragraph (1) of this subsection, beginning with fiscal year 2010,
such term shall include a child of any age on the date on which an
adoption assistance agreement is entered into on behalf of the
child under this section if the child--
``(A) has been in foster care under the responsibility of
the State for at least 60 consecutive months; and
``(B) meets the requirements of subsection (a)(2)(A)(ii).
``(3) Exception for member of a sibling group.--Notwithstanding
paragraphs (1) and (2) of this subsection, beginning with fiscal
year 2010, such term shall include a child of any age on the date
on which an adoption assistance agreement is entered into on behalf
of the child under this section without regard to whether the child
is described in paragraph (2)(A) of this subsection if the child--
``(A) is a sibling of a child who is an applicable child
for the fiscal year under paragraph (1) or (2) of this
subsection;
``(B) is to be placed in the same adoption placement as an
applicable child for the fiscal year who is their sibling; and
``(C) meets the requirements of subsection
(a)(2)(A)(ii).''.
SEC. 403. INFORMATION ON ADOPTION TAX CREDIT.
Section 471(a) of the Social Security Act (42 U.S.C. 671(a)), as
amended by sections 101(a), 103, 204(b), 206, and 301(c)(1)(A) of this
Act, is amended--
(1) by striking ``and'' at the end of paragraph (31);
(2) by striking the period at the end of paragraph (32) and
inserting ``; and''; and
(3) by adding at the end the following:
``(33) provides that the State will inform any individual who
is adopting, or whom the State is made aware is considering
adopting, a child who is in foster care under the responsibility of
the State of the potential eligibility of the individual for a
Federal tax credit under section 23 of the Internal Revenue Code of
1986.''.
TITLE V--CLARIFICATION OF UNIFORM DEFINITION OF CHILD AND OTHER
PROVISIONS
SEC. 501. CLARIFICATION OF UNIFORM DEFINITION OF CHILD.
(a) Child Must Be Younger Than Claimant.--Section 152(c)(3)(A) of
the Internal Revenue Code of 1986 is amended by inserting ``is younger
than the taxpayer claiming such individual as a qualifying child and''
after ``such individual''.
(b) Child Must Be Unmarried.--Section 152(c)(1) of such Code is
amended by striking ``and'' at the end of subparagraph (C), by striking
the period at the end of subparagraph (D) and inserting ``, and'', and
by adding at the end the following new subparagraph:
``(E) who has not filed a joint return (other than only for
a claim of refund) with the individual's spouse under section
6013 for the taxable year beginning in the calendar year in
which the taxable year of the taxpayer begins.''.
(c) Restrict Qualifying Child Tax Benefits to Child's Parent.--
(1) Child tax credit.--Section 24(a) of such Code is amended by
inserting ``for which the taxpayer is allowed a deduction under
section 151'' after ``of the taxpayer''.
(2) Persons other than parents claiming qualifying child.--
(A) In general.--Section 152(c)(4) of such Code is amended
by adding at the end the following new subparagraph:
``(C) No parent claiming qualifying child.--If the parents
of an individual may claim such individual as a qualifying
child but no parent so claims the individual, such individual
may be claimed as the qualifying child of another taxpayer but
only if the adjusted gross income of such taxpayer is higher
than the highest adjusted gross income of any parent of the
individual.''.
(B) Conforming amendments.--
(i) Section 152(c)(4)(A) of such Code is amended by
striking ``Except'' through ``2 or more taxpayers'' and
inserting ``Except as provided in subparagraphs (B) and
(C), if (but for this paragraph) an individual may be
claimed as a qualifying child by 2 or more taxpayers''.
(ii) The heading for section 152(c)(4) of such Code is
amended by striking ``claiming'' and inserting ``who can
claim the same''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2008.
SEC. 502. INVESTMENT OF OPERATING CASH.
Section 323 of title 31, United States Code, is amended to read as
follows:
``Sec. 323. Investment of operating cash
``(a) To manage United States cash, the Secretary of the Treasury
may invest any part of the operating cash of the Treasury for not more
than 90 days. The Secretary may invest the operating cash of the
Treasury in--
``(1) obligations of depositories maintaining Treasury tax and
loan accounts secured by pledged collateral acceptable to the
Secretary;
``(2) obligations of the United States Government; and
``(3) repurchase agreements with parties acceptable to the
Secretary.
``(b) Subsection (a) of this section does not require the Secretary
to invest a cash balance held in a particular account.
``(c) The Secretary shall consider the prevailing market in
prescribing rates of interest for investments under subsection (a)(1)
of this section.
``(d)(1) The Secretary of the Treasury shall submit each fiscal
year to the appropriate committees a report detailing the investment of
operating cash under subsection (a) for the preceding fiscal year. The
report shall describe the Secretary's consideration of risks associated
with investments and the actions taken to manage such risks.
``(2) For purposes of paragraph (1), the term `appropriate
committees' means the Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the Senate.''.
SEC. 503. NO FEDERAL FUNDING TO UNLAWFULLY PRESENT INDIVIDUALS.
Nothing in this Act shall be construed to alter prohibitions on
Federal payments to individuals who are unlawfully present in the
United States.
TITLE VI--EFFECTIVE DATE
SEC. 601. EFFECTIVE DATE.
(a) In General.--Except as otherwise provided in this Act, each
amendment made by this Act to part B or E of title IV of the Social
Security Act shall take effect on the date of the enactment of this
Act, and shall apply to payments under the part amended for quarters
beginning on or after the effective date of the amendment.
(b) Delay Permitted if State Legislation Required.--In the case of
a State plan approved 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 imposed by this Act, the State plan shall not be regarded
as failing to comply with the requirements 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 ends
after the 1-year period beginning with the date of the enactment of
this Act. For purposes of the preceding sentence, in the case of a
State that has a 2-year legislative session, each year of the session
is deemed to be a separate regular session of the State legislature.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.