,,ii #aaeth ,,congress #ast ,session ,s4 #aifd ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,october #af1 #bjag ,mr4 ,hatch 7for himself and ,mr4 ,wyden7 introduced the following bill2 which was read twice and referred to the ,committee on ,finance ,a ,,bill ,to encourage kinship guardianship placements and support payment rate equity for such placements1 to improve oversight of ,state child welfare programs funded under the ,social ,security ,act1 to strengthen national data on child fatalities from maltreatment1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,child ,welfare ,oversight and ,accountability ,act of #bjag4 #b4 ,de-linkage of eligibility for kinship guardianship assistance from ,,afdc income limitations and decrease in minimum number of months required to be residing in a relative home before being eligible for assistance 7a7 ,child's eligibility for a kinship guardianship assistance payment ,section #dgc7;d77#c77;,a77i77,,ii7 of the ,social ,security ,act 7#db ,u4,s4,c4 #fgc7;d77#c77;,a77i77,,ii77 is amended by striking eligible for foster care maintenance payments under section #dgb while residing for at least #f and inserting residing for at least #c4 7b7 ,conforming amendment to limitation on amount of payment ,section #dgc7;d77#b7 of such ,act 7#db ,u4,s4,c4 #fgc7;d77#b77 is amended by striking foster care maintenance payment and all that follows through the period and inserting highest foster care maintenance payment which could have been paid on behalf of the child if the child were eligible for foster care maintenance payments under section #dgb44 7c7 ,application of foster and adoptive parent records checks requirements ,section #dga7;a77#bj77;,c7 of such ,act 7#db ,u4,s4,c4 #fga7;a77#bj77;,c77 is amended-- 7#a7 by striking criminal records checks1 including fingerprint-based checks of national crime information databases 7as defined in section #ecd7;e77#c77;,a7 of title #bh1 ,united ,states ,code71 and inserting checks described in subparagraph 7,a72 and 7#b7 by inserting 1 including procedures that require that a child shall not be placed in the home of any relative guardian if any such checks reveal information which would prohibit a prospective foster or adoptive parent from being finally approved for placement of a child on whose behalf foster care maintenance payments or adoption assistance payments are to be made under the ,state plan under this part after under this part4 #c4 ,reinvesting penalties to improve successful completion of reviews of child and family services programs and of foster care and adoption assistance program improvement plans ,section #aabc;,a7b77#d7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acbj;a-#b;a7b77#d77 is amended-- 7#a7 in subparagraph 7,a71 by striking 1 approved by the ,secretary1 designed to end the failure to so conform and inserting designed to end the failure to so conform that is developed with and approved by the ,secretary1 and which1 in addition to specifying all of the ways in which the ,state program was determined to have failed to conform1 identifies priority areas that1 if successfully completed under the corrective action plan1 will be considered to have brought the ,state into substantial conformity2 7#b7 in subparagraph 7,c71 by striking suspend and all that follows through the semicolon and inserting 1 in lieu of withholding of any ,federal matching funds under this section while such a corrective action plan is in effect1 require that the ,state spend an amount that is not less than the amount of the ,federal matching funds that will be withheld if the ,state fails to successfully complete the corrective action plan on the priority areas identified in the corrective action plan22 and 7#c7 in subparagraph 7,d71 by striking if the failure to so conform is ended by successful completion of and inserting and spending requirement if the failure to so conform is ended by successful completion of the identified priority areas of4 #d4 ,state child welfare caseload and workload standards 7a7 ,in general ,section #dga7;a77#bb7 of the ,social ,security ,act 7#db ,u4,s4,c4 #fga7;a77#bb77 is amended-- 7#a7 by striking that1 not later than and inserting 8that-- 7,a7 not later than 2 7#b7 by adding and after the semicolon2 and 7#c7 by adding at the end the following3 7,b7 7i7 not later than ,january #a1 #bjbj1 the ,state1 in consultation with the ,secretary and national organizations with expertise in caseload and workload issues1 and based on the most recent research1 best practices1 and such other data or information relating to caseload and workload issues as the ,state and ,secretary determine appropriate1 shall develop and implement caseload and workload standards for case workers for children on whose behalf aid1 services1 or assistance may be provided under part ,b or this part that are based on the unique needs and circumstances of the ,state and that establish minimum standards with respect to-- 7,i7 the number of active initial assessments or investigations per month per caseworker2 7,,ii7 the number of active1 ongoing cases per caseworker and the rate of new families assigned to a caseworker for every open family case2 7,,iii7 the number of combined assessment or investigation and ongoing cases per caseworker2 7,,iv7 the number of families per caseworker being provided intensive family-centered or preservation services2 7,v7 the number of cases per caseworker that involve children with intensive caseworker or supervision needs2 and 7,,vi7 supervisor to caseworker ratios2 and 7ii7 not later than ,january #a1 #bjbe1 and every #e years thereafter1 the ,state shall update the standards developed and implemented under clause 7i71 in consultation with the ,secretary and national organizations with expertise in caseload and workload issues1 and based on the most recent research1 best practices1 and such other data or information relating to caseload and workload issues as the ,state and ,secretary determine appropriate4 4 7b7 ,application to ,indian tribes and tribal organizations ,section #dga7;a77#bb77;,b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #fga7;a77#bb77;,b771 as added by subsection 7a71 shall apply to-- 7#a7 ,indian tribes1 tribal organizations1 or tribal consortiums that have a plan approved under section #dga7;a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #fga7;a77 in accordance with section #dgi;,b of such ,act 7#db ,u4,s4,c4 #fgi;c72 and 7#b7 ,indian tribes1 tribal organizations1 or tribal consortiums that have a cooperative agreement or contract with a ,state for the administration or payment of funds under part ,e of title ,,iv of the ,social ,security ,act 7#db ,u4,s4,c4 #fgj et seq474 #e4 ,training child welfare workers 7a7 ,in general ,section #dgd7;a77#c77;,a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #fgd7;a77#c77;,a77 is amended-- 7#a7 by striking #ge per centum of so much of such expenditures as are for the training and inserting #ej percent of so much of such expenditures as are for the short- and long-term training2 and 7#b7 by inserting or of personnel employed or preparing for employment by ,state-licensed or ,state-approved child welfare agencies1 without regard to whether such personnel provide or will provide services to foster or adoptive children on behalf of whom foster care maintenance payments or adoption assistance payments may be made under this part1 in areas directly related to the responsibilities of such personnel1 including making a case plan1 carrying out case reviews1 engaging families1 connecting families with appropriate substance abuse treatment1 preparing for judicial proceedings1 determining eligibility1 treating child behaviors or other problems1 carrying out or participating with child abuse and neglect investigations and other responses1 coordinating and connecting children with health services1 helping children access psycho-social services as needed1 providing post-permanency services1 providing child welfare services in a trauma-informed manner1 working in multidisciplinary teams1 and collaborating with law enforcement1 after subdivision14 7b7 ,conforming amendment ,section #dgd7;a77#c77;,b7 of such ,act 7#db ,u4,s4,c4 #fgd7;a77#c77;,b77 is amended by striking 1 the members of the staff of ,state-licensed or ,state-approved child care institutions providing care1 or ,state-licensed or ,state-approved child welfare agencies providing services1 and inserting or the members of the staff of ,state-licensed or ,state-approved child care institutions providing care4 #f4 ,strengthening national data on child fatalities from maltreatment 7a7 ,,iv-,b requirement to annually review child fatalities from maltreatment ,section #dbb7;b77#ai7 of the ,social ,security ,act 7#db ,u4,s4,c4 #fbb7;b77#ai77 is amended-- 7#a7 by striking contain a description and inserting 8contain-- 7,a7 a description 2 7#b7 by striking the period at the end and inserting a semicolon2 and 7#c7 by adding at the end the following3 7,b7 assurances that the ,state shall-- 7i7 annually engage in a multidisciplinary review of all child fatalities from maltreatment in the ,state that occurred during the previous year in accordance with the requirements of section #dbi;,a2 and 4 7b7 ,annual review requirements ,subpart #a of part ,b of title ,,iv of the ,social ,security ,act 7#db ,u4,s4,c4 #fba et seq47 is amended by adding at the end the following3 #dbi;,a4 ,annual ,review of ,child ,fatalities from ,maltreatment 7a7 ,requirements ,in order to satisfy the requirements of section #dbb7;b77#ai77;,b77i71 a ,state shall require the ,state's multidisciplinary child death review team or other multidisciplinary team established by the ,state that is comprised of child welfare workers1 child protective services workers1 prosecutors1 law enforcement1 coroners or medical examiners1 public health care providers1 pediatricians with expertise in child maltreatment and the child welfare system1 substance abuse treatment providers1 and other individuals integral to the child welfare system 7in this section referred to as the review team7 to annually review all child fatalities from maltreatment in the ,state that occurred during the most recently ended fiscal year and for which all administrative or judicial review is complete or no longer timely4 ,any child fatality from maltreatment in the ,state that occurred during the most recently ended fiscal year but for which administrative or judicial review is not complete or remains timely shall be reviewed by the review team in the first annual review period that occurs after all administrative or judicial review is complete or no longer timely4 7b7 ,report and recommendations ,the review team shall-- 7#a7 for each child fatality from maltreatment in the ,state subject to review1 make findings regarding the causes of child's fatality and other factors that impacted the child's fatality1 the circumstances of the fatality1 the characteristics of the victim1 the perpetrators1 including their relationship to the child1 and the parents or guardians of the child1 whether there were previous familial interactions with child protective services and the outcomes of those interactions1 whether the child had any siblings and how many1 and the social services1 public cash or in-kind assistance1 health 7including mental health7 services1 substance abuse treatment1 or other public or private services provided to or on behalf of the child prior to the child's death2 7#b7 submit all findings and data made in accordance with paragraph 7#a7 to the ,child ,death ,review ,case ,reporting ,system 7in this section referred to as the ,,cdr ,reporting ,system7 operated by the ,national ,center for ,fatality ,review and ,prevention2 7#c7 based on the findings made in accordance with paragraph 7#a71 develop recommendations for preventing future child fatalities from maltreatment2 and 7#d7 submit an annual report to the ,state ,governor1 the ,state ,legislature1 and1 if the incident reporting threshold established under subsection 7c7 is met1 to the ,secretary1 that contains the findings and data submitted to the ,,cdr ,reporting ,system under subparagraph 7#b7 7de-identified7 and the recommendations developed under paragraph 7#c74 7c7 ,annual incident reporting threshold 7#a7 ,state-specific thresholds ,the ,secretary annually shall establish a national reporting incident threshold for each ,state for purposes of protecting the privacy of families and other living individuals whose information is part of the findings and data submitted under subsection 7b77#b7 and the annual report to the ,state ,governor and ,state ,legislature required under subsection 7b77#d74 ,in establishing such threshold for a ,state1 the ,secretary shall ensure that the reporting threshold is sufficient to prevent the re-identification of living individuals who could be identified in the information contained in the annual report required under subsection 7b77#d74 7#b7 ,application ,if the number of child fatalities from maltreatment in a ,state in a fiscal year is below the reporting threshold established for the ,state for the fiscal year1 the ,state shall not submit the annual report required under subsection 7b77#d7 to the ,secretary but shall submit to the ,secretary-- 7,a7 the findings and data submitted to the ,,cdr ,reporting ,system under subsection 7b77#b7 for the purpose of making such findings and data accessible as a public use data set on the national website required under subsection 7g7 after redacting any personal identifying information2 and 7,b7 the recommendations developed under subsection 7b77#c74 7d7 ,funding ,amounts expended by a ,state during each quarter beginning after ,december #ca1 #bjag1 for administrative costs 7as defined in section #dbb7;c77#a77 to carry out this section and section #dbb7;b77#ai77;,b7 shall be deemed to be amounts expended during such quarter as found necessary by the ,secretary for the proper and efficient administration of the ,state plan under part ,e for purposes of ,federal matching payments under section #dgd7;a77#c77;,e74 7e7 ,indian tribes1 tribal organizations ,the ,secretary1 in consultation with the ,assistant ,secretary-,indian ,affairs of the ,bureau of ,indian ,affairs of the ,department of ,interior and tribal child welfare organizations1 shall determine how and the extent to which the requirements of this section shall apply to ,indian tribes and tribal organizations 7as defined in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #dej;b74 7f7 ,nonapplication ,the limitations on payments for administrative costs under sections #dbd7;e7 and #dgb7;i7 shall not apply to ,state expenditures made to carry out this section4 7g7 ,national website 7#a7 ,in general ,the ,secretary1 in coordination with the ,national ,center for ,fatality ,review and ,prevention1 shall publish on a website that is available to the public and maintained and updated at least annually-- 7,a7 each annual report submitted to the ,secretary under subsection 7b77#d72 and 7,b7 the findings and data submitted to the ,,cdr ,reporting ,system under subsection 7b77#b7 7with any personal identifying information or information that identifies the submitting ,state redacted7 in a manner that is accessible as a public use data set for purposes of research to identify risk factors and to prevent future deaths of children from maltreatment4 7#b7 ,notice to congress ,the ,secretary shall notify ,congress when information on the website required under paragraph 7#a7 is updated4 4 7c7 ,conforming amendment ,section #dbe of the ,social ,security ,act 7#db ,u4,s4,c4 #fbe7 is amended by striking #dbf1 #dbg1 and #dbi and inserting #dbb7;b77#ai77;,b71 #dbf1 #dbg1 #dbi1 and #dbi;,a4 #g4 ,development of national definition standards relating to child fatalities from maltreatment 7a7 ,promulgation of national definition standards ,not later than #ah months after the date of enactment of this ,act1 the ,secretary of ,health and ,human ,services 7in this section referred to as the ,secretary7 shall promulgate proposed regulations establishing a set of national definition standards relating to child fatalities from maltreatment that ,states shall use to report data to the ,national ,child ,abuse and ,neglect ,data ,system established and maintained in accordance with section #ajc of the ,child ,abuse ,prevention and ,treatment ,act 7#db ,u4,s4,c4 #eajd7 and1 not later than #f months after the date on which the public comment period on the proposed regulations closes1 shall issue final regulations establishing such standards4 7b7 ,requirements ,in promulgating the regulations under subsection 7a71 the ,secretary shall consult with representatives of-- 7#a7 ,state and county officials responsible for administering the ,state plans under parts ,b and ,e of title ,,iv of the ,social ,security ,act2 7#b7 child welfare professionals with field experience2 7#c7 child welfare researchers2 7#d7 child development professionals2 7#e7 mental health professionals2 7#f7 emergency medicine physicians2 7#g7 child abuse pediatricians1 as certified by the ,american ,board of ,pediatrics1 who specialize in treating victims of child abuse2 7#h7 forensic pathologists2 7#i7 public health administration2 7#aj7 public health researchers2 7#aa7 law enforcement2 7#ab7 a representative from the ,national ,center for ,fatality ,review and ,prevention2 and 7#ac7 such other organizations or entities as the ,secretary determines appropriate4 7c7 ,conforming amendments 7#a7 ,,capta 7,a7 ,national ,child ,abuse and ,neglect ,data ,system ,section #ajc7;c77#a77;,c7 of the ,child ,abuse ,prevention and ,treatment ,act 7#db ,u4,s4,c4 #eajd7;c77#a77;,c77 is amended-- 7i7 in clause 7iii71 by striking and after the semicolon2 7ii7 in clause 7iv71 by adding and after the semicolon2 and 7iii7 by inserting after clause 7iv71 the following3 7v7 information on child fatalities from maltreatment in accordance with the set of national definition standards promulgated under section #g7;a7 of the ,child ,welfare ,oversight and ,accountability ,act of #bjag2 4 7,b7 ,annual state data reports ,section #ajf7;d7 of the ,child ,abuse ,prevention and ,treatment ,act 7#db ,u4,s4,c4 #eajf;a7d77 is amended by adding at the end the following3 7#ai7 ,the number of child fatalities from maltreatment and related information required to be reported in accordance with the set of national definition standards promulgated under section #g7;a7 of the ,child ,welfare ,oversight and ,accountability ,act of #bjag4 4 7#b7 ,social ,security ,act 7,a7 ,,iv-,b plan ,section #dbb7;b77#ai7 of the ,social ,security ,act 7#db ,u4,s4,c4 #fbb7;b77#ai771 as amended by section #f7;a71 is further amended by adding at the end the following3 7ii7 report information on child maltreatment deaths required by ,federal law in accordance with the set of national definition standards promulgated under section #g7;a7 of the ,child ,welfare ,oversight and ,accountability ,act of #bjag4 4 7,b7 ,annual review requirements ,section #dbi;,a of the ,social ,security ,act1 as added by section #f7;b71 is amended by adding at the end the following3 7h7 ,application of national definition standards ,the review team shall use the set of national definition standards promulgated under section #g7;a7 of the ,child ,welfare ,oversight and ,accountability ,act of #bjag to make and submit findings and data to the ,,cdr ,reporting ,system and to develop the recommendations required under subsection 7b77#c74 4 #h4 ,additional requirements for the annual report to ,congress based on ,,afcars and other data 7a7 ,provider-,specific child outcomes ,section #dgi;,a7a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #fgi;b7a77 is amended-- 7#a7 in paragraph 7#f77;,c71 by striking and after the semicolon2 7#b7 in paragraph 7#g77;,b71 by striking the period at the end and inserting a semicolon2 and 7#c7 by adding at the end the following3 7#h7 develop a set of provider-specific child outcome measures 7including with respect to child fatalities1 child fatalities from maltreatment1 maltreatment in care1 recurrence of maltreatment within #f months1 exits from foster care by reason for the exit 7adoption1 guardianship1 reunification1 or emancipation71 time to reunification1 reentry rates1 and average number of placements7 that can be used to assess the performance of foster care providers1 as defined in subsection 7e71 in providing services to children under this part or part ,b2 7#i7 prescribe1 not later than ,october #a1 #bjai1 such regulations as may be necessary to ensure that ,states-- 7,a7 provide to the ,secretary the data necessary for the ,secretary to assess the performance of ,states and foster care providers 7as so defined7 with respect to the outcome measures developed under paragraph 7#h71 as a condition of the ,state receiving funds under this part2 7,b7 include with the data submitted to the ,secretary under subparagraph 7,a7 for each foster care provider 7as so defined71 information as to whether the provider is a for-profit or not-for-profit entity2 and 7,c7 review and consider the performance of each foster care provider 7as so defined7 with respect to such outcome measures prior to entering into or renewing any agreement with the provider that relates to the provision of services to children under this part or part ,b2 and 7#aj7 include in the report submitted pursuant to paragraph 7#e7 for fiscal year #bjba or any succeeding fiscal year1 ,state-by-,state data with respect to the outcome measures developed under paragraph 7#h7 and the data and information submitted under paragraph 7#i74 4 7b7 ,public availability of ,state-,specific information ,section #dgi;,a of the ,social ,security ,act 7#db ,u4,s4,c4 #fgi;b7 is amended by adding at the end the following3 7c7 ,public availability ,the ,secretary shall publish1 in a manner that is accessible as a public use data set for purposes of research1 the data1 ratings1 and performance measures collected and determined under this section with respect to each ,state on a website that is available to the public and maintained and updated at least annually4 4 7c7 ,application to ,indian tribes and tribal organizations ,section #dgi;,a of such ,act 7#db ,u4,s4,c4 #fgi;b71 as amended by subsection 7b71 is further amended by adding at the end the following3 7d7 ,application to ,indian tribes and tribal organizations ,the data collection and outcome measures requirements of this section shall apply to ,indian tribes1 tribal organization1 or tribal consortiums that have a plan approved under section #dga7;a7 in accordance with section #dgi;,b1 in the same manner as such requirements apply to a ,state under this part4 4 7d7 ,definition of foster care provider ,section #dgi;,a of such ,act 7#db ,u4,s4,c4 #fgi;b71 as amended by subsections 7b7 and 7c71 is further amended by adding at the end the following3 7e7 ,definition of foster care provider ,for purposes of paragraphs 7#h7 and 7#i7 of subsection 7a71 the term foster care provider means any entity1 other than a foster family home1 that receives funds from a ,state under this part or part ,b for the provision of placement or supervision services for any child in foster care under the responsibility of the ,state4 4 #i4 ,private right of action for failure to comply with case plan and case system review requirements 7a7 ,private right of action ,section #dge;,a of the ,social ,security ,act 7#db ,u4,s4,c4 #fge;a7 is amended by adding at the end the following3 7c7 ,private right of action 7#a7 ,in general ,an individual who is or was a child in foster care under the responsibility of the ,state may obtain appropriate relief with regard to a failure to comply with a case plan requirement in section #dge7a7 or a failure to comply with a case review system requirement in section #dge7e7 that applies or applied to the individual while the child was such foster care not later than #e years after the date on which the individual exits foster care by bringing a civil action in an appropriate district court of the ,united ,states4 ,in the case of an individual with more than #a period in foster care under the responsibility of the ,state1 each such period shall be treated separately for purposes of applying the #e-year deadline under the preceding sentence4 7#b7 ,exhaustion of administrative remedies ,an action under this subsection may be commenced1 and relief may be granted1 only after the individual commencing the action has sought or exhausted any available administrative remedies4 7#c7 ,waiver of state sovereignty 7,a7 ,in general ,as a condition of a ,state receiving funds under this part1 the ,state shall voluntarily and knowingly agree that-- 7i7 an action under this subsection may be maintained against1 among others1 a party that is a ,state governmental entity2 and 7ii7 relief in an action under this subsection may include money damages even if the defendant is such a governmental entity4 7,b7 ,state governmental entity defined ,in this subsection1 the term ,state governmental entity means a ,state1 a local government within a ,state1 and any agency or other governmental unit or subdivision of a ,state or of such a local government4 7#d7 ,relief ,in an action under this subsection1 the court shall grant-- 7,a7 all necessary equitable and legal relief1 including1 where appropriate1 declaratory relief and compensatory and punitive damages1 to prevent the occurrence1 continuance1 or repetition of the designated failure and to compensate for losses resulting from the designated failure2 and 7,b7 to a prevailing plaintiff1 reasonable attorneys' fees and litigation expenses as part of the costs4 4 7b7 ,rule of construction ,the private right of action established under section #dge;,a7c7 of the ,social ,security ,act with regard to a failure to comply with a case plan requirement in section #dge7a7 of such ,act or a failure to comply with a case review system requirement in section #dge7e7 of such ,act1 as added by subsection 7a7 of this section1 shall not be construed as an expression of congressional intent with respect to the creation of1 or prohibition of1 a private right of action with respect to a failure to comply with any other provision of title ,,iv of ,social ,security ,act4 #aj4 ,transparency in contracting with private child welfare service providers ,section #dbb7;b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #fbb7;b771 as amended by section #g7;c77#b77;,a71 is amended-- 7#a7 in paragraph 7#ah71 by striking and after the semicolon2 7#b7 in paragraph 7#ai71 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following3 7#bj7 provide that the ,state shall make publicly available on a website maintained by the ,state1 in accordance with such procedures as are necessary to maintain the confidentiality and privacy of children and families provided assistance under this part or part ,e-- 7,a7 any agreement with a private foster care provider 7as defined in section #dgi;,a7e77 that relates to the provision of services to children under this part or part ,e2 and 7,b7 with respect to each such provider with such an agreement1 information as to whether the provider is a for-profit or not-for-profit entity4 4 #aa4 ,effective date 7a7 ,in general ,except as provided in subsections 7b71 7c71 and 7d71 this ,act and the amendments made by this ,act take effect on ,january #a1 #bjah4 7b7 ,reinvestment of penalties ,the amendments made by section #c take effect on ,october #a1 #bjah1 and shall apply to conformity reviews conducted with respect to fiscal years beginning with fiscal year #bjai4 7c7 ,private right of action ,the amendment made by section #i7;a7 shall take effect on ,january #a1 #bjai4 7d7 ,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 7other than legislation appropriating funds7 in order for the plan to meet the additional requirements imposed by this ,act1 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 first day of the first calendar quarter beginning after the close of the first regular session of the ,state legislature that begins after the date of enactment of this section4 ,for purposes of the previous sentence1 in the case of a ,state that has a #b-year legislative session1 each year of such session shall be deemed to be a separate regular session of the ,state legislature4