12 2 STA T .397 1 PUBLIC LA W 11 0– 3 5 1 —O CT. 7 , 200 8finalregu la t i o n s to c arr y out t h is section an d the a m endments made b y this section .S uch regulations shall include p rocedures to ensure that a transfer of responsibility for the placement and care of a child under a State plan appro v ed under section 471 of the Social Security A ct to a tribal plan approved under section 471 of such Act in accordance w ith section 47 9B of such Act ( as added by subsection (a ) (1) of this section) or to an I ndian tribe , a tribal organi z ation, or a tribal consortium that has entered into a cooperative agreement or contract with a State for the administration or payment of funds under part E of title I V of such Act does not affect the eligibility of, provision of services for, or the ma k ing of payments on behalf of, such children under part E of title IV of such Act, or the eligibility of such children for medical assistance under title X IX of such Act. ( 2 )I N-KI N DEXP ENDI TUR E SF R OM T H IRD-P A RT Y SOUR C ES FOR PURPOSES OF DETERMININ G NON-FEDERA L SHARE OF ADMINISTRA- TI V E AND TRAINING EXPENDITURES. — (A) IN GENERAL.—Sub j ect to subparagraph (B) of this paragraph, not later than September 30 , 2011, the Sec- retary of H ealth and Human Services, in consultation with Indian tribes, tribal organizations, and tribal consortia, shall promulgate interim final regulations specifying the types of in-kind e x penditures, including plants, e q uipment, administration, and services, and the third-party sources for such in-kind expenditures which may be claimed by tribes, organizations, and consortia with plans approved under section 471 of the Social Security Act in accordance with section 479B of such Act, up to such percentages as the Secretary, in such consultation shall specify in such regulations, for purposes of determining the non- F ederal share of administrative and training expenditures for which the tribes, organizations, and consortia may receive pay- ments for under any subparagraph of section 474(a)(3) of such Act. (B) EFFECTIVE DATE.—In no event shall the regulations required to be promulgated under subparagraph (A) take effect prior to O ctober 1, 2011. ( C ) SENSE OF THE CONGRESS.—It is the sense of the Congress that if the Secretary of Health and Human Serv- ices fails to publish in the Federal R egister the regulations required under subparagraph (A) of this paragraph, the 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 section 471 of the Social Security Act in accordance with section 479B of such Act, up to specific percentages, for purposes of determining the non-Federal share of adminis- trative and training expenditures for which the tribes, organizations, and consortia may receive payments for under any subparagraph of section 474(a)(3) of such Act. (f) EFFECTIVE D ATE.— T he amendments made by subsections (a), (b), and (c) shall take effect on October 1, 2009, without regard to whether the regulations required under subsection (e)(1) have been promulgated by such date. 42USC671note.D e adli ne. Pr o c ed u re s .
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