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 sec-
tion 471 of the Social Security Act in accord-
ance with section 479B of such Act, up to spe-
cific percentages, for purposes of determining 
the non-Federal share of administrative and 
training expenditures for which the tribes, orga-
nizations, 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 re-
quired 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 perma-
nency outcomes for Indian children and their fami-
lies through the provision of assistance described in 
paragraph (2). 
‘‘(2) ASSISTANCE PROVIDED.— 
‘‘(A) IN GENERAL.—The technical assist-
ance and implementation services shall be to— 
‘‘(i) provide information, advice, edu-
cational materials, and technical assistance 
to Indian tribes and tribal organizations 
with respect to the types of services, ad-
ministrative functions, data collection, pro-
gram management, and reporting that are 
required under State plans under part B 
and this part; 
‘‘(ii) assist and provide technical as-
sistance to— 
‘‘(I) Indian tribes, tribal organi-
zations, and tribal consortia seeking 
to operate a program under part B or 
under this part through direct appli-
cation to the Secretary under section 
479B; and 
‘‘(II) Indian tribes, tribal organi-
zations, tribal consortia, and States
seeking to develop cooperative agree-
ments 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 or-
ganizations, 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 de-
veloping a plan under section 471 to 
carry out a program under section 
479B, including costs related to devel-
opment of necessary data collection 
systems, a cost allocation plan, agency 
and tribal court procedures necessary 
to meet the case review system re-
quirements under section 475(5), or 
any other costs attributable to meet-
ing 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 trib-
al 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 subpara-
graph. 
‘‘(ii) 
EXCEPTION.—The 
Secretary 
shall waive the requirement to repay a 
grant imposed by clause (i) if the Sec-
retary determines that a tribe’s, tribal or-
ganization’s, or tribal consortium’s failure 
to submit a plan within such period was 
the result of circumstances beyond the con-
trol of the tribe, tribal organization, or 
tribal consortium.
‘‘(C) IMPLEMENTATION AUTHORITY.—The 
Secretary may provide the technical assistance 
and implementation services described in sub-
paragraph (A) either directly or through a 
grant or contract with public or private organi-
zations 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 DETER-
MINING
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 adop-
tions 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 fol-
lows and inserting ‘‘means, with respect to any 
fiscal year, the number of special needs adop-
tions 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 adop-
tions in the State in fiscal year 2007.’’. 
(c) INCREASE IN INCENTIVE PAYMENTS FOR SPE-
CIAL NEEDS ADOPTIONS
AND OLDER CHILD ADOP-
TIONS.—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 suc-
ceeding fiscal year’’ and inserting ‘‘for the 24-month 
period beginning with the month in which the pay-
ments are made’’. 
(e) ADDITIONAL INCENTIVE PAYMENT FOR EXCEED-
ING
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 pre-
ceding subparagraph (A), by striking ‘‘para-
graph (2)’’ and inserting ‘‘paragraphs (2) and 
(3)’’; 
(B) in paragraph (2), by striking ‘‘this sec-
tion’’ each place it appears and inserting ‘‘para-
graph (1)’’; and
(C) by adding at the end the following: 
‘‘(3) INCREASED INCENTIVE PAYMENT FOR EX-
CEEDING THE HIGHEST EVER FOSTER CHILD ADOP-
TION RATE.— 
‘‘(A) IN GENERAL.—If— 
‘‘(i) for fiscal year 2009 or any fiscal 
year thereafter the total amount of adop-
tion incentive payments payable under 
paragraph (1) of this subsection are less 
than the amount appropriated under sub-
section (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 sub-
section for the State shall be increased, subject 
to subparagraph (C) of this paragraph, by the 
amount determined for the State under sub-
paragraph (B) of this paragraph. 
‘‘(B) AMOUNT
OF
INCREASE.—For pur-
poses of subparagraph (A), the amount deter-
mined 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 chil-
dren in foster care under the su-
pervision of the State on the last 
day of the preceding fiscal year. 
‘‘(C) PRO RATA ADJUSTMENT IF INSUFFI-
CIENT FUNDS AVAILABLE.—For any fiscal year, 
if the total amount of increases in adoption in-
centive 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 deter-
mined 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 fol-
lowing: 
‘‘(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 amend-
ed— 
(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 in-
serting ‘‘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), re-
spectively; 
(V) by realigning the margins of 
the items, subclauses, and clauses re-
designated 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 applica-
ble 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 adop-
tion proceedings was in the care of a public or 
licensed private child placement agency or In-
dian 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 con-
trary to the welfare of the child; or