Union Calendar No. 52

105TH CONGRESS

1ST SESSION H. R. 867

[Report No. 105–77]

A BILL

To promote the adoption of children in foster care.

APRIL 28, 1997

Reported with an amendment, committed to the Commitordered to be printed tee of the Whole House on the State of the Union, and
IB

Union Calendar No. 52

105TH CONGRESS

1ST SESSION H.R. 867

[Report No. 105–77]

To promote the adoption of children in foster care.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 27, 1997

Mr. CAMP (for himself, Mrs. KENNELLY of Connecticut, and Mr. SHAW) introduced the following bill; which was referred to the Committee on Ways

and Means

APRIL 28, 1997

Additional sponsors: Mr. RAMSTAD, Ms. PRYCE of Ohio, Mr. LEVIN, Mr.

KLUG, Mr. BLILEY, Mr. WATTS of Oklahoma, Mr. NETHERCUTT, Ms.

MOLINARI, Ms. LOFGREN, Mr. FARR of California, Mr. CANADY of Florida, Mr. ROEMER, Mr. DELLUMS, Mr. ENGLISH of Pennsylvania, Mrs.

KELLY, Mr. BARRETT of Nebraska, Mr. GORDON, Ms. SLAUGHTER, Mr.

HOUGHTON, Mr. BUNNING, Mr. ENSIGN, Mr. HERGER, Mr. WELLER,

Mr. DELAY, Mr. MCHALE, Ms. GRANGER, Mr. FAWELL, Mr.

BLAGOJEVICH, and Mr. FAZIO of California

APRIL 28, 1997

Reported with an amendment, committed to the Committee of the Whole

House on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

[For text of introduced bill, see copy of bill as introduced on February 27, 1997]

A BILL

To promote the adoption of children in foster care.
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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Adoption Promotion Act of 1997’’.

6 (b) TABLE OF CONTENTS.—The table of contents of this

7 Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Clarification of the reasonable efforts requirement.

Sec. 3. States required to initiate or join proceedings to terminate parental rights

for certain children in foster care.

Sec. 4. Adoption incentive payments.

Sec. 5. Earlier status reviews and permanency hearings.

Sec. 6. Notice of reviews and hearings; opportunity to be heard.

Sec. 7. Documentation of reasonable efforts to adopt.

Sec. 8. Kinship care.

Sec. 9. Use of the Federal Parent Locator Service for child welfare services.

Sec. 10. Performance of States in protecting children.

Sec. 11. Authority to approve more child protection demonstration projects.

Sec. 12. Technical assistance.

Sec. 13. Coordination of substance abuse and child protection services.

Sec. 14. Clarification of eligible population for independent living services.

Sec. 15. Effective date.

8 SEC. 2. CLARIFICATION OF THE REASONABLE EFFORTS RE9 QUIREMENT.

10 (a) IN GENERAL.—Section 471(a)(15) of the Social Se11 curity Act (42 U.S.C. 671(a)(15)) is amended to read as

12 follows:

13 ‘‘(15)(A) provides that—

14 ‘‘(i) except as provided in clauses (ii) and

15 (iii), reasonable efforts shall be made—

16 ‘‘(I) before a child is placed in foster

17 care, to prevent or eliminate the need to re18 move the child from the child’s home; and
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1 ‘‘(II) to make it possible for the child

2 to return home;

3 ‘‘(ii) if continuation of reasonable efforts of

4 the type described in clause (i) is determined to

5 be inconsistent with the permanency plan for the

6 child, reasonable efforts of the type required by

7 clause (iii)(II) shall be made;

8 ‘‘(iii) if a court of competent jurisdiction

9 has determined that the child has been subjected

10 to aggravated circumstances (as defined by State

11 law, which definition may include abandonment,

12 torture, chronic abuse, and sexual abuse) or pa13 rental conduct described in section

14 106(b)(2)(A)(xii) of the Child Abuse Prevention

15 and Treatment Act, or that the parental rights

16 of a parent with respect to a sibling of the child

17 have been terminated involuntarily—

18 ‘‘(I) reasonable efforts of the type de19 scribed in clause (i) shall not be required to

20 be made with respect to any parent of the

21 child who has been involved in subjecting

22 the child to such circumstances or such con23 duct, or whose parental rights with respect

24 to a sibling of the child have been termi25 nated involuntarily; and
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1 ‘‘(II) if reasonable efforts of the type

2 described in clause (i) are not made or are

3 discontinued, reasonable efforts shall be

4 made to place the child for adoption, with

5 a legal guardian, or (if adoption or legal

6 guardianship is determined not to be appro7 priate for the child) in some other planned,

8 permanent living arrangement; and

9 ‘‘(iv) reasonable efforts of the type described

10 in clause (iii)(II) may be made concurrently

11 with reasonable efforts of the type described in

12 clause (i); and

13 ‘‘(B) in determining the reasonable efforts

14 to be made with respect to a child and in mak15 ing such reasonable efforts, the child’s health and

16 safety shall be of paramount concern;’’.

17 (b) CONFORMING AMENDMENT.—Section 472(a)(1) of

18 such Act (42 U.S.C. 672(a)(1)) is amended by inserting ‘‘for

19 a child’’ before ‘‘have been made’’.

20 SEC. 3. STATES REQUIRED TO INITIATE OR JOIN PROCEED21 INGS TO TERMINATE PARENTAL RIGHTS FOR

22 CERTAIN CHILDREN IN FOSTER CARE.

23 (a) IN GENERAL.—Section 475(5) of the Social Secu24 rity Act (42 U.S.C. 675(5)) is amended—
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1 (1) by striking ‘‘and’’ at the end of subpara2 graph (C);

3 (2) by striking the period at the end of subpara4 graph (D) and inserting ‘‘; and’’; and

5 (3) by adding at the end the following:

6 ‘‘(E) in the case of a child who has not at7 tained 10 years of age and has been in foster

8 care under the responsibility of the State for 18

9 months of the most recent 24 months, the State

10 shall file a petition to terminate the parental

11 rights of the child’s parents (or, if such a peti12 tion has been filed by another party, seek to be

13 joined as a party to the petition), unless—

14 ‘‘(i) at the option of the State, the child

15 is being cared for by a relative;

16 ‘‘(ii) a State court or State agency has

17 documented a compelling reason for deter18 mining that filing such a petition would

19 not be in the best interests of the child; or

20 ‘‘(iii) the State has not provided to the

21 family of the child such services as the State

22 deems appropriate, if reasonable efforts of

23 the type described in section

24 471(a)(15)(A)(i) are required to be made

25 with respect to the child.’’.
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1 (b) LIMITATION ON APPLICABILITY.—The amendments

2 made by subsection (a) shall apply only to children entering

3 foster care on or after October 1, 1997.

4 SEC. 4. ADOPTION INCENTIVE PAYMENTS.

5 Part E of title IV of the Social Security Act (42 U.S.C.

6 670–679) is amended by inserting after section 473 the fol7 lowing:

8 ‘‘SEC. 473A. ADOPTION INCENTIVE PAYMENTS.

9 ‘‘(a) GRANT AUTHORITY.—Each State that is an in10 centive-eligible State for a fiscal year shall be entitled to

11 receive from the Secretary in the immediately succeeding

12 fiscal year a grant in an amount equal to the adoption

13 incentive payment.

14 ‘‘(b) INCENTIVE-ELIGIBLE STATE.—A State is an in15 centive-eligible State for a fiscal year if—

16 ‘‘(1) the State has a plan approved under this

17 part for the fiscal year;

18 ‘‘(2) the number of foster child adoptions in the

19 State during the fiscal year exceeds the base number

20 of foster child adoptions for the State for the fiscal

21 year;

22 ‘‘(3) the State is in compliance with subsection

23 (c) for the fiscal year; and

24 ‘‘(4) the fiscal year is any of fiscal years 1998

25 through 2002.
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1 ‘‘(c) DATA REQUIREMENTS.—

2 ‘‘(1) IN GENERAL.—A State is in compliance

3 with this subsection for a fiscal year if the State has

4 provided to the Secretary the data described in para5 graph (2) for fiscal year 1997 (or, if later, the fiscal

6 year that precedes the 1st fiscal year for which the

7 State seeks a grant under this section) and for each

8 succeeding fiscal year.

9 ‘‘(2) DETERMINATION OF NUMBERS OF ADOP10 TIONS.—

11 ‘‘(A) DETERMINATIONS BASED ON AFCARS

12 DATA.—Except as provided in subparagraph

13 (B), the Secretary shall determine the numbers of

14 foster child adoptions and of special needs adop15 tions in a State during each of fiscal years 1997

16 through 2002, for purposes of this section, on the

17 basis of data meeting the requirements of the sys18 tem established pursuant to section 479, as re19 ported by the State in May of the fiscal year and

20 in November of the succeeding fiscal year, and

21 approved by the Secretary by April 1 of the suc22 ceeding fiscal year.

23 ‘‘(B) ALTERNATIVE DATA SOURCES PER24 MITTED FOR FISCAL YEAR 1997.—For purposes of

25 the determination described in subparagraph (A)
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1 for fiscal year 1997, the Secretary may use data

2 from a source or sources other than that specified

3 in subparagraph (A) that the Secretary finds to

4 be of equivalent completeness and reliability, as

5 reported by a State by November 30, 1997, and

6 approved by the Secretary by March 1, 1998.

7 ‘‘(3) NO WAIVER OF AFCARS REQUIREMENTS.—

8 This section shall not be construed to alter or affect

9 any requirement of section 479 or any regulation pre10 scribed under such section with respect to reporting of

11 data by States, or to waive any penalty for failure

12 to comply with the requirements.

13 ‘‘(d) ADOPTION INCENTIVE PAYMENT.—

14 ‘‘(1) IN GENERAL.—Except as provided in para15 graph (2), the adoption incentive payment payable to

16 a State for a fiscal year under this section shall be

17 equal to the sum of—

18 ‘‘(A) $4,000, multiplied by amount (if any)

19 by which the number of foster child adoptions in

20 the State during the fiscal year exceeds the base

21 number of foster child adoptions for the State for

22 the fiscal year; and

23 ‘‘(B) $2,000, multiplied by the amount (if

24 any) by which the number of special needs adop25 tions in the State during the fiscal year exceeds
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1 the base number of special needs adoptions for

2 the State for the fiscal year.

3 ‘‘(2) PRO RATA ADJUSTMENT IF INSUFFICIENT

4 FUNDS AVAILABLE.—If the total amount of adoption

5 incentive payments otherwise payable under this sec6 tion for a fiscal year exceeds the amount then avail7 able for grants under this section, the amount of the

8 adoption incentive payment payable to each State

9 under this section for the fiscal year shall be—

10 ‘‘(A) the amount of the adoption incentive

11 payment that would otherwise be payable to the

12 State under this section for the fiscal year; mul13 tiplied by

14 ‘‘(B) the percentage represented by the

15 amount then available for grants under this sec16 tion, divided by the total amount of adoption in17 centive payments otherwise payable under this

18 section for the fiscal year.

19 ‘‘(e) 2-YEAR AVAILABILITY OF INCENTIVE PAY20 MENTS.—Payments to a State under this section in a fiscal

21 year shall remain available for use by the State through

22 the end of the succeeding fiscal year.

23 ‘‘(f) LIMITATIONS ON USE OF INCENTIVE PAYMENTS.—

24 A State shall not expend an amount paid to the State under

25 this section except to provide to children or families any
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1 service (including post adoption services) that may be pro2 vided under part B or E. Amounts expended by a State

3 in accordance with the preceding sentence shall be dis4 regarded in determining State expenditures for purposes of

5 Federal matching payments under section 474.

6 ‘‘(g) DEFINITIONS.—As used in this section:

7 ‘‘(1) FOSTER CHILD ADOPTION.—The term ‘foster

8 child adoption’ means the final adoption of a child

9 who, at the time of adoptive placement, was in foster

10 care under the supervision of the State.

11 ‘‘(2) SPECIAL NEEDS ADOPTION.—The term ‘spe12 cial needs adoption’ means the final adoption of a

13 child for whom an adoption assistance agreement is

14 in effect under section 473.

15 ‘‘(3) BASE NUMBER OF FOSTER CHILD ADOP16 TIONS.—The term ‘base number of foster child adop17 tions for a State’ means, with respect to a fiscal year,

18 the largest number of foster child adoptions in the

19 State in fiscal year 1997 (or, if later, the 1st fiscal

20 year for which the State has furnished to the Sec21 retary the data described in subsection (c)(2)) or in

22 any succeeding fiscal year preceding the fiscal year.

23 ‘‘(4) BASE NUMBER OF SPECIAL NEEDS ADOP24 TIONS.—The term ‘base number of special needs adop25 tions for a State’ means, with respect to a fiscal year,
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1 the largest number of special needs adoptions in the

2 State in fiscal year 1997 (or, if later, the 1st fiscal

3 year for which the State has furnished to the Sec4 retary the data described in subsection (c)(2)) or in

5 any succeeding fiscal year preceding the fiscal year.

6 ‘‘(h) APPROPRIATION.—

7 ‘‘(1) IN GENERAL.—Out of any money in the

8 Treasury of the United States not otherwise appro9 priated, there are appropriated for fiscal years 1999

10 through 2003 such sums as are necessary for grants

11 under this section, in a total amount not to exceed

12 $108,000,000.

13 ‘‘(2) AVAILABILITY.—Amounts appropriated

14 under paragraph (1) shall remain available until ex15 pended, but not after fiscal year 2003.’’.

16 SEC. 5. EARLIER STATUS REVIEWS AND PERMANENCY

17 HEARINGS.

18 Section 475(5)(C) of the Social Security Act (42

19 U.S.C. 675(5)(C)) is amended—

20 (1) by striking ‘‘eighteen months after’’ and in21 serting ‘‘12 months after’’;

22 (2) by striking ‘‘dispositional’’ and inserting

23 ‘‘permanency’’; and

24 (3) by striking ‘‘future status of’’ and all that

25 follows through ‘‘long-term basis)’’ and inserting
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1 ‘‘permanency plan for the child (including whether

2 (and, if applicable, when) the child will be returned

3 to the parent, the child will be placed for adoption

4 and the State will file a petition to terminate the pa5 rental rights of the parent, a legal guardian will be

6 appointed for the child, or the child will be placed in

7 some other planned, permanent living arrangement,

8 including in the custody of another fit and willing

9 relative)’’.

10 SEC. 6. NOTICE OF REVIEWS AND HEARINGS; OPPORTUNITY

11 TO BE HEARD.

12 Section 475(5) of the Social Security Act (42 U.S.C.

13 675(5)), as amended by section 3 of this Act, is amended—

14 (1) by striking ‘‘and’’ at the end of subpara15 graph (D);

16 (2) by striking the period at the end of subpara17 graph (E) and inserting ‘‘; and’’; and

18 (3) by adding at the end the following:

19 ‘‘(F) the foster parents (if any) of a child

20 and any relative providing care for the child are

21 provided with notice of, and an opportunity to

22 be heard in, any review or hearing to be held

23 with respect to the child, except that this sub24 paragraph shall not be construed to make any
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1 foster parent a party to such a review or hear2 ing.’’.

3 SEC. 7. DOCUMENTATION OF REASONABLE EFFORTS TO

4 ADOPT.

5 Section 475(5) of the Social Security Act (42 U.S.C.

6 675(5)), as amended by sections 3 and 6 of this Act, is

7 amended—

8 (1) by striking ‘‘and’’ at the end of subpara9 graph (E);

10 (2) by striking the period at the end of subpara11 graph (F) and inserting ‘‘; and’’; and

12 (3) by adding at the end the following:

13 ‘‘(G) in the case of a child with respect to

14 whom the State’s goal is adoption or placement

15 in another permanent home, the steps taken by

16 the State agency to find an adoptive family or

17 other permanent living arrangement for the

18 child, to place the child with an adoptive family,

19 a legal guardian, or in another planned perma20 nent living arrangement (including in the cus21 tody of another fit and willing relative), and to

22 finalize the adoption or legal guardianship are

23 documented, and such documentation shall in24 clude documentation of child specific recruitment

25 efforts such as the use of State, regional, and na-
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1 tional adoption information exchanges, includ2 ing electronic information exchange systems.’’.

3 SEC. 8. KINSHIP CARE.

4 (a) REPORT.—

5 (1) IN GENERAL.—The Secretary of Health and

6 Human Services shall—

7 (A) not later than March 1, 1998, convene

8 the advisory panel provided for in subsection

9 (b)(1) and prepare and submit to the advisory

10 panel an initial report on the extent to which

11 children in foster care are placed in the care of

12 a relative (in this section referred to as ‘‘kinship

13 care’’); and

14 (B) not later than November 1, 1998, sub15 mit to the Committee on Ways and Means of the

16 House of Representatives and the Committee on

17 Finance of the Senate a final report on the mat18 ter described in subparagraph (A), which shall—

19 (i) be based on the comments submitted

20 by the advisory panel pursuant to sub21 section (b)(2) and other information and

22 considerations; and

23 (ii) include the policy recommenda24 tions of the Secretary with respect to the

25 matter.
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1 (2) REQUIRED CONTENTS.—Each report required

2 by paragraph (1) shall—

3 (A) include, to the extent available for each

4 State, information on—

5 (i) the policy of the State regarding

6 kinship care;

7 (ii) the characteristics of the kinship

8 care providers (including age, income, eth9 nicity, and race);

10 (iii) the characteristics of the household

11 of such providers (such as number of other

12 persons in the household and family com13 position);

14 (iv) how much access to the child is af15 forded to the parent from whom the child

16 has been removed;

17 (v) the cost of, and source of funds for,

18 kinship care (including any subsidies such

19 as medicaid and cash assistance);

20 (vi) the goal for a permanent living

21 arrangement for the child and the actions

22 being taken by the State to achieve the goal;

23 (vii) the services being provided to the

24 parent from whom the child has been re25 moved; and
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1 (viii) the services being provided to the

2 kinship care provider; and

3 (B) specifically note the circumstances or

4 conditions under which children enter kinship

5 care.

6 (b) ADVISORY PANEL.—

7 (1) ESTABLISHMENT.—The Secretary of Health

8 and Human Services, in consultation with the Chair9 man of the Committee on Ways and Means of the

10 House of Representatives and the Chairman of the

11 Committee on Finance of the Senate, shall convene an

12 advisory panel which shall include parents, foster

13 parents, former foster children, State and local public

14 officials responsible for administering child welfare

15 programs, private persons involved in the delivery of

16 child welfare services, representatives of tribal govern17 ments and tribal courts, judges, and academic experts.

18 (2) DUTIES.—The advisory panel convened pur19 suant to paragraph (1) shall review the report pre20 pared pursuant to subsection (a), and, not later than

21 July 1, 1998, submit to the Secretary comments on

22 the report.
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1 SEC. 9. USE OF THE FEDERAL PARENT LOCATOR SERVICE

2 FOR CHILD WELFARE SERVICES.

3 Section 453 of the Social Security Act (42 U.S.C. 653)

4 is amended—

5 (1) in subsection (a)—

6 (A) by striking ‘‘or enforcing child custody

7 or visitation orders’’ and inserting ‘‘or making

8 or enforcing child custody or visitation orders’’;

9 and

10 (B) in paragraph (1)—

11 (i) by striking the comma at the end of

12 subparagraph (C) and inserting ‘‘; or’’; and

13 (ii) by inserting after subparagraph

14 (C) the following:

15 ‘‘(D) who has or may have parental rights

16 with respect to a child,’’; and

17 (2) in subsection (c)—

18 (A) by striking the period at the end of

19 paragraph (3) and inserting ‘‘; and’’; and

20 (B) by adding at the end the following:

21 ‘‘(4) a State agency that is administering a pro22 gram operated under a State plan under subpart 1

23 of part B, or a State plan approved under subpart

24 2 of part B or under part E.’’.
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1 SEC. 10. PERFORMANCE OF STATES IN PROTECTING CHIL2 DREN.

3 The Secretary of Health and Human Services, in con4 sultation with the American Public Welfare Association, the

5 National Governors’ Association, and persons or organiza6 tions devoted to child advocacy, shall—

7 (1) develop a set of outcome measures (including

8 length of stay in foster care, number of foster care

9 placements, and number of adoptions) that can be

10 used to assess the performance of States in operating

11 child protection and child welfare programs pursuant

12 to parts B and E of title IV of the Social Security

13 Act to ensure the safety of children;

14 (2) to the maximum extent possible, the outcome

15 measures should be developed from data available

16 from the Adoption and Foster Care Analysis and Re17 porting System;

18 (3) develop a system for rating the performance

19 of States with respect to the outcome measures, and

20 provide to the States an explanation of the rating sys21 tem and how scores are determined under the rating

22 system;

23 (4) prescribe such regulations as may be nec24 essary to ensure that States provide to the Secretary

25 the data necessary to determine State performance

26 with respect to each outcome measure, as a condition
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1 of the State receiving funds under part E of title IV

2 of the Social Security Act;

3 (5) on May 1, 1999, and annually thereafter,

4 prepare and submit to the Congress a report on the

5 performance of each State on each outcome measure,

6 which shall examine the reasons for high performance

7 and low performance and, where possible, make rec8 ommendations as to how State performance could be

9 improved.

10 SEC. 11. AUTHORITY TO APPROVE MORE CHILD PROTEC11 TION DEMONSTRATION PROJECTS.

12 Section 1130(a) of the Social Security Act (42 U.S.C.

13 1320a–9(a)) is amended by striking ‘‘10’’ and inserting

14 ‘‘15’’.

15 SEC. 12. TECHNICAL ASSISTANCE.

16 (a) IN GENERAL.—The Secretary of Health and

17 Human Services may, directly or through grants or con18 tracts, provide technical assistance to assist States and local

19 communities to reach their targets for increased numbers

20 of adoptions and, to the extent that adoption is not possible,

21 alternative permanent placements, for children in foster

22 care.

23 (b) LIMITATIONS.—The technical assistance provided

24 under subsection (a) shall support the goal of encouraging

25 more adoptions out of the foster care system, when adop-
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1 tions promote the best interests of children, and shall in2 clude the following:

3 (1) The development of best practice guidelines

4 for expediting termination of parental rights.

5 (2) Models to encourage the use of concurrent

6 planning.

7 (3) The development of specialized units and ex8 pertise in moving children toward adoption as a per9 manency goal.

10 (4) The development of risk assessment tools to

11 facilitate early identification of the children who will

12 be at risk of harm if returned home.

13 (5) Models to encourage the fast tracking of chil14 dren who have not attained 1 year of age into pre15 adoptive placements.

16 (6) Development of programs that place children

17 into pre-adoptive families without waiting for termi18 nation of parental rights.

19 (c) LIMITATIONS ON AUTHORIZATION OF APPROPRIA20 TIONS.—To carry out this section, there are authorized to

21 be appropriated to the Secretary of Health and Human

22 Services not to exceed $10,000,000 for each of fiscal years

23 1998 through 2000.
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1 SEC. 13. COORDINATION OF SUBSTANCE ABUSE AND CHILD

2 PROTECTION SERVICES.

3 Within 1 year after the date of the enactment of this

4 Act, the Secretary of Health and Human Services, based

5 on information from the Substance Abuse and Mental

6 Health Services Administration and the Administration for

7 Children and Families in the Department of Health of

8 Human Services, shall prepare and submit to the Commit9 tee on Ways and Means of the House of Representatives and

10 the Committee on Finance of the Senate a report which de11 scribes the extent and scope of the problem of substance

12 abuse in the child welfare population, the types of services

13 provided to such population, and the outcomes resulting

14 from the provision of such services to such population. The

15 report shall include recommendations for any legislation

16 that may be needed to improve coordination in providing

17 such services to such population.

18 SEC. 14. CLARIFICATION OF ELIGIBLE POPULATION FOR

19 INDEPENDENT LIVING SERVICES.

20 Section 477(a)(2)(A) of the Social Security Act (42

21 U.S.C. 677(a)(2)(A)) is amended by inserting ‘‘(including

22 children with respect to whom such payments are no longer

23 being made because the child has accumulated assets, not

24 to exceed $5,000, which are otherwise regarded as resources

25 for purposes of determining eligibility for benefits under

26 this part)’’ before the comma.
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1 SEC. 15. EFFECTIVE DATE.

2 (a) IN GENERAL.—The amendments made by this Act

3 shall take effect on October 1, 1997.

4 (b) DELAY PERMITTED IF STATE LEGISLATION RE5 QUIRED.—In the case of a State plan under part B or E

6 of title IV of the Social Security Act which the Secretary

7 of Health and Human Services determines requires State

8 legislation (other than legislation appropriating funds) in

9 order for the plan to meet the additional requirements im10 posed by the amendments made by this Act, the State plan

11 shall not be regarded as failing to comply with the require12 ments of such part solely on the basis of the failure of the

13 plan to meet such additional requirements before the 1st

14 day of the 1st calendar quarter beginning after the close

15 of the 1st regular session of the State legislature that begins

16 after the date of the enactment of this Act. For purposes

17 of the previous sentence, in the case of a State that has a

18 2-year legislative session, each year of such session shall be

19 deemed to be a separate regular session of the State legisla20 ture.