(b) 
PERMANENCY
HEARING.—Section
471(a)(15)(E)(i) of such Act (42 U.S.C. 671(a)(15)(E)(i))
is amended by inserting ‘‘, which considers in-State and
out-of-State permanent placement options for the child,’’
before ‘‘shall’’.
(c) 
CONCURRENT
PLANNING.—Section
471(a)(15)(F) of such Act (42 U.S.C. 671(a)(15)(F)) is
amended by inserting ‘‘, including identifying appropriate
out-of-State relatives and placements’’ before ‘‘may’’.
SEC. 12. CASE PLANS.
Section 475(1)(E) of the Social Security Act (42
U.S.C. 675(1)(E)) is amended by inserting ‘‘to facilitate
orderly and timely in-State and interstate placements’’ be-
fore the period.
SEC. 13. CASE REVIEW SYSTEM.
Section 475(5)(C) of the Social Security Act (42
U.S.C. 675(5)(C) is amended—
(1) by inserting ‘‘, in the case of a child who
will not be returned to the parent, the hearing shall
consider in-State and out-of-State placement op-
tions,’’ after ‘‘living arrangement’’; and
(2) by inserting ‘‘the hearing shall determine’’
before ‘‘whether the’’.
SEC. 14. USE OF INTERJURISDICTIONAL RESOURCES.
Section 422(b)(12) of the Social Security Act (42
U.S.C. 622(b)(12)) is amended—
(1) by striking ‘‘develop plans for the’’ and in-
serting ‘‘make’’;
(2) by inserting ‘‘(including through contracts
for the purchase of services)’’ after ‘‘resources’’; and
(3) by inserting ‘‘, and shall eliminate legal bar-
riers,’’ before ‘‘to facilitate’’.
SEC. 15. GAO STUDY ON CHILD WELFARE BACKGROUND
CHECKS.
(a) STUDY.—The Comptroller General of the United
States shall conduct a study of background checks that
are performed for the purpose of determining the appro-
priateness of placing in a foster or adoptive home a child
who is under the custody of a State. The study shall re-
view the policies and practices of States in order to—
(1) identify the most common delays in the
background clearance process and where in the proc-
ess the delays occur;
(2) describe when background checks are initi-
ated;
(3) determine which of local, State, or Federal
(such as FBI) background checks are used, how
long it takes, on average, for each kind of check to
be processed, which crimes or other events are in-
cluded in each kind of check, how the States differ
in classifying the crimes and other events checked,
and how the information revealed by the checks is
used in determining eligibility to act as a foster or
adoptive parent;
(4) examine the barriers child welfare agencies
face in accessing criminal background check infor-
mation;
(5) examine the use of the latest information-
sharing 
technology, 
including 
electronic
fingerprinting and participation in the Integrated
Automated Fingerprinting Information System;
(6) identify the varied uses of such technology
for child welfare purposes as opposed to criminal
justice purposes; and
(7) recommend best practices that can increase
the speed, efficiency, and accuracy of child welfare
background checks at all levels of government.
(b) REPORT TO THE CONGRESS.—Within 12 months
after the date of the enactment of this Act, the Comp-
troller General of the United States shall submit to the
Committees on Ways and Means and on Education and
the Workforce of the House of Representatives and the
Committees on Finance and on Health, Education, Labor,
and Pensions of the Senate a report which contains the
results of the study required by subsection (a).
SEC. 16. EFFECTIVE DATE.
(a) IN GENERAL.—Except as otherwise provided in
this section, the amendments made by this Act shall take
effect on October 1, 2004, and shall apply to payments
under parts B and E of title IV of the Social Security
Act for calendar quarters beginning on or after such date,
without regard to whether regulations to implement the
amendments are promulgated by such date.
(b) ELIMINATION OF OPT-OUT.—The amendments
made by section 5(b) shall take effect on October 1, 2006,
and shall apply to payments under part E of title IV of
the Social Security 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.
(c) DELAY PERMITTED IF STATE LEGISLATION RE-
QUIRED.—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 part B or E of title IV of the Social Security Act
to meet the additional requirements imposed by the
amendments made by a provision of this Act, the plan
shall not be regarded as failing to meet any of the addi-
tional requirements before the 1st day of the 1st calendar
quarter beginning after the first regular session of the
State legislature that begins after the date of the enact-
ment of this Act (or, in the case of the amendments made
by section 5(b), the 1st day of the 1st calendar quarter
beginning after the first such regular session that begins
after the effective date of such section). 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 legis-
lature.
Passed the House of Representatives October 5,
2004.
Attest:
Clerk.