[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6893 Introduced in House (IH)]
110th CONGRESS
2d Session
H. R. 6893
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 15, 2008
Mr. McDermott (for himself and Mr. Weller of Illinois) introduced the
following bill; which was referred to the Committee on Ways and Means
_______________________________________________________________________
A BILL
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.
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