(A) by inserting ‘‘, on or before September 
30, 2005,’’ after ‘‘plan if’’; and 
(B) by inserting ‘‘, on or before such 
date,’’ after ‘‘or if’’. 
(b) ELIMINATION OF OPT-OUT.—Section 471(a)(20) 
of such Act (42 U.S.C. 671(a)(20)), as amended by sub-
section (a) of this section, is amended— 
(1) in subparagraph (A), in the matter pre-
ceding clause (i), by striking ‘‘unless an election pro-
vided for in subparagraph (B) is made with respect 
to the State,’’; and 
(2) by striking subparagraph (B) and redesig-
nating subparagraph (C) as subparagraph (B). 
(c) EFFECTIVE DATE.— 
(1) IN GENERAL.—The amendments made by 
subsection (a) shall take effect on October 1, 2005, 
and shall apply with respect to payments under part 
E of title IV of the Social Security Act for calendar 
quarters beginning on or after such date, without re-
gard to whether regulations to implement the 
amendments are promulgated by such date. 
(2) ELIMINATION
OF
OPT-OUT.—The amend-
ments made by subsection (b) shall take effect on 
October 1, 2007, and shall apply with respect to 
payments under part E of title IV of the Social Se-
curity Act for calendar quarters beginning on or 
after such date, without regard to whether regula-
tions to implement the amendments are promulgated 
by such date. 
(3) DELAY PERMITTED IF STATE LEGISLATION 
REQUIRED.—If the Secretary of Health and Human 
Services determines that State legislation (other 
than legislation appropriating funds) is required in 
order for a State plan under section 471 of the So-
cial Security Act to meet the additional requirements 
imposed by the amendments made by a subsection 
of this section, the plan shall not be regarded as fail-
ing to meet any of the additional requirements be-
fore the first day of the first calendar quarter begin-
ning after the first regular session of the State legis-
lature that begins after the otherwise applicable ef-
fective date of the amendments. If the State has a 
2-year legislative session, each year of the session is 
deemed to be a separate regular session of the State 
legislature. 
SEC. 503. ACCESS TO FEDERAL CRIME INFORMATION DATA-
BASES BY CHILD WELFARE AGENCIES FOR 
CERTAIN PURPOSES. 
(a) IN GENERAL.—The Attorney General of the 
United States shall, upon request of the chief executive
officer of a State, conduct fingerprint-based checks of the 
national crime information databases (as defined in sec-
tion 534(e)(3)(A) of title 28, United States Code) sub-
mitted by a local child welfare agency for the purpose of 
conducting a background check required under section 
471(a)(20) of the Social Security Act on individuals under 
consideration as prospective foster or adoptive parents. 
Where possible, the check shall include a fingerprint-based 
check of State criminal history databases. The Attorney 
General and the States may charge any applicable fees for 
the checks. 
(b) LIMITATION.—An officer may use the authority 
under subsection (a) only for the purpose of conducting 
the background checks required under section 471(a)(20) 
of the Social Security Act. 
(c) PROTECTION OF INFORMATION.—An individual 
having information derived as a result of a check under 
subsection (a) may release that information only to appro-
priate officers of child welfare agencies or another person 
authorized by law to receive that information. 
(d) CRIMINAL PENALTIES.—An individual who know-
ingly exceeds the authority in subsection (a), or knowingly 
releases information in violation of subsection (c), shall be 
imprisoned not more than 10 years or fined under title 
18, United States Code, or both.