Overview
Title
To reauthorize and modernize part B of title IV of the Social Security Act to strengthen child welfare services, expand the availability of prevention services to better meet the needs of vulnerable families, and for other purposes.
ELI5 AI
H.R. 9076 is a bill that wants to make sure kids and families get the help they need by giving money to programs that support them and making plans to use that money better. It’s like making sure there are more bandages and new ways to help you stop a boo-boo before it even happens, and it also keeps an eye on how the grown-ups use the help money smartly.
Summary AI
H.R. 9076, titled the “Protecting America’s Children by Strengthening Families Act,” aims to improve child welfare services by reauthorizing and modernizing parts of the Social Security Act. The bill proposes expanding prevention services for vulnerable families, enhancing court improvement programs, providing more support for youth aging out of foster care, and addressing poverty to prevent child neglect. It also promotes better data collection, support for caseworkers, and services for youth in the child welfare system with incarcerated parents.
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AnalysisAI
General Summary of the Bill
The proposed legislation, titled the "Protecting America’s Children by Strengthening Families Act," aims to modernize and reauthorize certain parts of the Social Security Act concerning child welfare. Its objectives include enhancing child welfare services, expanding prevention services for vulnerable families, and modernizing the court improvement process. Among its many initiatives, the bill proposes expanded funding for child welfare, increased support for family and youth services, and new guidance on improving data collection relating to youth in foster care.
Significant Issues
A key issue with the proposed bill is its extensive allocation of funds without clear mechanisms for accountability and oversight. Sections such as those on regional partnership grants and funding for Indian tribes highlight potential areas for wasteful spending, as these allocations lack detailed accountability frameworks. Moreover, some terms within the bill, such as "community support," "external evaluator," and "evidence-based," are vague, potentially leading to inconsistent applications of its provisions.
Another area of concern is the timeline for reporting and implementing certain sections. For instance, there are issues in reporting on the implementation of the Indian Child Welfare Act, where timelines may not be sufficient, and guidance is unclear. Such delays could have adverse impacts on the welfare of Indigenous children. Furthermore, the flexible timeline allowed for states based on legislative schedules could lead to inconsistent implementation across different jurisdictions, complicating uniform application of the bill's mandates.
Impact on the Public Broadly
Broadly, the bill has the potential to improve child welfare services by directing more resources and attention to vulnerable populations. By addressing issues such as parental substance abuse and the needs of foster children, the bill can provide critical support where it is most needed.
However, the lack of specific accountability measures and clear guidelines on fund utilization could lead to inefficiencies. Mismanagement of resources could undermine the bill’s ability to achieve its intended outcomes, ultimately affecting the quality of care and service offered to families and children across the nation.
Impact on Specific Stakeholders
Positive Impacts:
Vulnerable Families: Families dealing with child welfare issues might see increased accessibility to support services, which are essential for preventing child neglect and fostering family reunification. The bill's focus on prevention services can help address underlying issues such as poverty and substance abuse.
Indian Tribes: The bill aims to streamline funding for Indian tribes and ensure better compliance with the Indian Child Welfare Act, potentially addressing long-standing administrative challenges and improving outcomes for Indian children and families.
Negative Impacts:
State and Local Agencies: The burden of implementing such comprehensive measures, especially without clear guidance and timelines, might overwhelm state and local agencies, leading to challenges in administration and compliance.
Juvenile Courts: The addition of juvenile courts as required partners in addressing parental substance use disorder might create jurisdictional and administrative conflicts if not carefully coordinated.
The bill presents an opportunity for significant advancements in the child welfare system, yet it requires careful monitoring, clear guidelines, and robust accountability structures to ensure its objectives are successfully met. The potential for improved services must be balanced against the risks of inconsistent implementation and ineffective resource allocation.
Financial Assessment
The proposed bill, H.R. 9076, focuses on reauthorizing and modernizing parts of the Social Security Act to strengthen child welfare services and extend support to various vulnerable groups. A significant component of this legislative effort involves financial allocations directed towards various programs and initiatives.
Financial Allocations
The bill includes a series of financial commitments, aimed at bolstering child welfare services. Notably:
$420,000,000 is allocated annually for each of the fiscal years from 2026 through 2029 to enhance support under subpart 2, following the reauthorization of child welfare programs (Section 3). This funding is intended to help improve these services significantly over the specified years.
An increase in the reservation of funds is detailed in Section 4, where $40,000,000 is designated for fiscal year 2026 and subsequent years to enhance court improvement programs. This could help improve the administration of family law matters, including child welfare cases.
To address parental substance use disorder as a cause for child removal, Section 5 expands regional partnership grants, with another increase in funds; $30,000,000 is set aside for fiscal year 2026 and succeeding fiscal years. This aims to provide stability and support in dealing with substance abuse issues affecting family dynamics.
The inclusion of a $5,000,000 reserve for the Preventive Services Evaluation Partnerships for each fiscal year from 2026 to 2029 is highlighted in Section 8. This allocation is intended to support the voluntary evaluation of prevention services and kinship navigator programs.
Kinship navigator services are bolstered with a $10,000,000 reserve for fiscal years 2026 through 2029, as described in Section 10. This is aimed at connecting kinship caregivers to resources and support systems needed for competent caregiving.
Finally, the authorization of appropriations for supporting relationships between foster children and incarcerated parents provides $35,000,000 for each fiscal year from 2026 through 2029, as outlined in Section 13. This seeks to enhance the mental well-being and bond between children in foster care and their incarcerated parents.
Related Issues and Concerns
The emphasis on financial allocations raises some concerns noted in the issues section:
Accountability and Oversight: Section 5 points out a noticeable lack of oversight mechanisms for the substantial funding allocated to regional partnership grants and streamlining funding for Indian tribes. Without clear accountability structures, there's a risk of inefficient or wasteful use of resources.
Clarity and Definitions: The bill contains ambiguous terms such as "community support" and "external evaluator," particularly in Sections 6 and 8, affecting how funds might be allocated or evaluated. Such ambiguity could lead to varied interpretations and inconsistent applications.
Use of Funds and Resource Allocation: The approach to increasing funds without specified purposes, as seen in the language of Section 4, could lead to inefficient allocation and application of financial resources, which could undermine the effectiveness of court improvement initiatives.
Implementation and Legislative Timelines: The flexible timelines for compliance could lead to disparities in how the financial resources are used across different states (Section 17), potentially affecting the program's effectiveness and legal enforceability.
Technical Assistance and Evaluation: The allocation of funds for technical assistance and evaluation might lack sufficient directive on how these should be utilized effectively, potentially impacting the measurement of service effectiveness and overall outcomes (Section 8).
In conclusion, while H.R. 9076 aims to address important areas within child welfare services through significant financial resources, the effectiveness of these allocations depends heavily on clear oversight, precise definitions, and uniform implementation across states and entities. Ensuring accountability and proper guidance for the use of these funds is crucial for achieving the legislative intent of the bill.
Issues
The bill allocates substantial funding to various programs, such as regional partnership grants and streamlining funding for Indian tribes, without clear accountability or oversight mechanisms, raising financial concerns about potential wasteful spending. (Sections 5 and 7)
Lack of clarity and detail in certain key terms, such as 'community support', 'external evaluator', and 'evidence-based', could lead to varied interpretations and inconsistent applications of the bill's provisions. This ambiguity could have significant political and legal implications. (Sections 6 and 8)
The amendments and added provisions concerning the court improvement program, including increasing funds without specific breakdowns for their use, could lead to concerns about the effective allocation of resources and potential waste. (Section 4)
Issues with the report on the effective implementation of the Indian Child Welfare Act may delay proper enforcement and support improvements, impacting the welfare of Indigenous children. This includes insufficient timelines, lack of clear guidance, and funding uncertainties. (Section 429B)
The provision allowing States a flexible timeline for compliance based on legislative schedules could lead to a lack of uniformity in the implementation of the bill across different States, causing potential legal challenges. (Section 17)
The bill's language on reducing administrative burdens may inadvertently raise concerns about underreporting or the loss of important data required for oversight and compliance. This could affect transparency and accountability in public welfare programs. (Section 441)
Evidence-based service evaluations through prevention services evaluation partnerships might lack sufficient funds and guidance for technical assistance, potentially leading to inefficiencies in grant utilization. (Section 8)
The inclusion of juvenile courts as required partners in grants for addressing parental substance use disorder might create jurisdictional conflicts if not properly coordinated, which could lead to legal and administrative issues. (Section 5)
The lack of a detailed accountability framework for utilizing and overseeing newly allocated funds, including resources for mental health and well-being, could lead to potential misuse of resources and ethical concerns regarding child protection. (Section 6)
Complex language and numerous cross-references require additional context, making it difficult for the public and small organizations to engage with or understand the bill, potentially obstructing informed public discourse. (Sections 15 and 16)
Sections
Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.
1. Short title; references Read Opens in new tab
Summary AI
The section provides the short title of the bill, naming it the “Protecting America’s Children by Strengthening Families Act.” It also states that any references to amendments or repeals within the bill are related to sections of the Social Security Act, unless otherwise specified.
2. Table of contents Read Opens in new tab
Summary AI
The table of contents of this Act lists all the sections, from reauthorizing child welfare programs to modernizing and streamlining activities like funding for Indian tribes and improving services for foster care and incarcerated parents. It includes steps for reducing administrative burdens and strengthening support systems for youth and caseworkers.
3. Reauthorization of child welfare programs Read Opens in new tab
Summary AI
The section outlines the reauthorization of child welfare programs, extending funding from 2025 to 2029 and specifying amounts for certain subparts. Additionally, it introduces a funding cap of $10 million in one of the sections.
Money References
- (b) Reauthorization of subpart 2; enhanced support.—Section 436(a) (42 U.S.C. 629f(a)) is amended by striking “each of fiscal years 2017 through 2023” and inserting “fiscal year 2025 and $420,000,000 for each of fiscal years 2026 through 2029”.
- (d) Funding limitation.—Section 423(a)(2)(A) (42 U.S.C. 623(a)(2)(A)) is amended by inserting “, not to exceed $10,000,000” before the semicolon.
4. Enhancements to the court improvement program Read Opens in new tab
Summary AI
The bill proposes enhancements to the court improvement program, including increased funding from fiscal year 2025, extending state match requirements to 2029, and improving remote hearing technologies to ensure courts can continue operations during emergencies. Additionally, it mandates that every five years, the Secretary provides guidance on best practices for using technology in court proceedings, with an initial report due by October 1, 2025, and includes guidelines for involving Indian tribes in relevant cases.
Money References
- (a) Increase in reservation of funds.—Section 436(b)(2) (42 U.S.C. 629f(b)(2)) is amended by inserting “for fiscal year 2025 and $40,000,000 for fiscal year 2026 and each succeeding fiscal year” before “for grants”.
5. Expanding regional partnership grants to address parental substance use disorder as cause of child removal Read Opens in new tab
Summary AI
The section expands regional partnership grants to help families dealing with substance use disorders and child removal by increasing available funds through 2026, allowing for the waiver of planning phases, and setting new criteria for grant applicants to demonstrate service effectiveness. It also includes technical support for coordinating federal and grant funding, adds new performance indicators, requires involving the juvenile court as a partner, and encourages statewide growth of services.
Money References
- (a) Increase in reservation of funds.—Section 436(b)(5) (42 U.S.C. 629f(b)(5)) is amended by striking “each of fiscal years 2017 through 2023” and inserting “fiscal year 2025 and $30,000,000 for fiscal year 2026 and each succeeding fiscal year”.
- (b) Reauthorization.—Section 437(f) (42 U.S.C. 629g(f)) is amended— (1) in paragraph (3)(A)— (A) by striking “In addition to amounts authorized to be appropriated to carry out this section, the” and inserting “The”; and (B) by striking “2017 through 2023” and inserting “2025 through 2029”; and (2) in paragraph (10), by striking “for each of fiscal years 2017 through 2023”. (c) Authority To waive planning phase.—Section 437(f)(3)(B)(iii) (42 U.S.C. 629g(f)(3)(B)(iii)) is amended— (1) by striking all that precedes “grant awarded” and inserting the following: “(iii) SUFFICIENT PLANNING.— “(I) IN GENERAL.—A”; and (2) by striking “may not exceed $250,000, and”; and (3) by adding after and below the end the following: “(II) EXCEPTION.—The Secretary, on a case-by-case basis, may waive the planning phase for a partnership that demonstrates that the partnership has engaged in sufficient planning before submitting an application for a grant under this subsection.”. (d) Expanding availability of evidence-Based services.
6. Modernization; reducing administrative burden Read Opens in new tab
Summary AI
The section proposes amendments to existing laws to modernize support for families and children through technology, providing access to community-based family resource centers, supporting mental health services for children in foster care, and ensuring legal representation in child welfare cases. It also aims to reduce administrative burdens by streamlining data collection processes and making state plans publicly accessible online.
441. Reduction of administrative burden Read Opens in new tab
Summary AI
The section mandates the Secretary to lessen the administrative load on fund recipients by streamlining data collection, reducing compliance hours by at least 15%, aligning requirements with other grant programs, and respecting Indian tribes' sovereignty. However, it specifies that these changes should not interfere with necessary legal reporting and compliance monitoring.
442. Public access to State plans Read Opens in new tab
Summary AI
The Secretary is tasked with creating a standard format for State plans to ensure they comply with certain sections, analyzing trends in these plans to help with future policy, making the plans available online for the public, and posting national summaries when suitable.
7. Streamlining funding for Indian tribes Read Opens in new tab
Summary AI
The section addresses funding and compliance for Indian tribes, setting aside 3% of certain funds for them and mandating updates to ensure State compliance with the Indian Child Welfare Act of 1978. It also offers tribes flexibility in managing administrative costs, increases funding for tribal court improvements, and emphasizes streamlined reporting for smaller-funded tribes.
Money References
- (A) IN GENERAL.—Section 428 (42 U.S.C. 628) is amended by redesignating subsection (c) as subsection (d) and inserting before such subsection the following: “(b) Authority To streamline reporting requirements.—The Secretary shall, in consultation with the affected Indian tribes, modify any reporting requirement imposed by or under this part on an Indian tribe, tribal organization, or tribal consortium if the total of the amounts allotted to the Indian tribe, tribal organization, or tribal consortium under this part for the fiscal year is not more than $50,000, and in a manner that limits the administrative burden on any tribe to which less than $50,000 is allotted under this subpart for the fiscal year.
- (3) INCREASE IN FUNDING FOR TRIBAL COURT IMPROVEMENT PROGRAM.—Section 438(c)(3) (42 U.S.C. 629h(c)(3)) is amended by inserting “for fiscal year 2025, and $2,000,000 for each of fiscal years 2026 through 2029,” before “for grants”. ---
429B. Effective implementation of the Indian Child Welfare Act of 1978 Read Opens in new tab
Summary AI
The section mandates that by October 1, 2025, the Secretary, along with Indian tribal organizations and states, must create a plan and offer technical support to ensure the effective implementation of the Indian Child Welfare Act of 1978. The plan should include specific measures for identifying and notifying tribes about child custody proceedings, ensuring proper placements and jurisdictional transfers, and meeting legal standards in foster care and termination cases involving Indian children. Additionally, the Secretary is to provide biennial reports to Congress on state compliance and support efforts.
8. Accelerating access to Family First prevention services Read Opens in new tab
Summary AI
The bill section proposes the creation of competitive grants to evaluate family prevention services and kinship navigator programs, aiming to improve and expand evidence-based practices. It outlines the eligibility for grant applicants and sets priorities for grant selection, with $5 million reserved annually from 2026 to 2029 for these evaluations.
Money References
- (b) Funding.—Section 437(b) (42 U.S.C. 629g(b)) is amended by adding at the end the following: “(5) PREVENTIVE SERVICES EVALUATION PARTNERSHIPS.—The Secretary shall reserve $5,000,000 for grants under section 435(f) for each of fiscal years 2026 through 2029.”. ---
9. Strengthening support for youth aging out of foster care Read Opens in new tab
Summary AI
The section focuses on improving support for youth transitioning out of foster care by allowing virtual caseworker visits for those over 18, provided they have consented, and mandates states to collaboratively develop child welfare plans with various stakeholders, including families and youth with relevant experience. It also requires states to report and make publicly accessible how input from children and youth has been implemented.
10. Recognizing the importance of relative and kinship caregivers Read Opens in new tab
Summary AI
The amendments in this bill focus on enhancing support for kinship and relative caregivers by broadening the definition of youth, improving kinship navigator programs, and ensuring mentoring services are available for families. It provides for grants and funding to evaluate these programs and encourages coordination with community organizations to better assist kinship families.
Money References
- — (1) IN GENERAL.—Section 427 (42 U.S.C. 627) is amended— (A) in the section heading, by striking “Family connection grants” and inserting “Kinship navigators”; (B) in subsection (a)— (i) in the matter preceding paragraph (1), by striking “helping” and inserting “administering programs to help”; (ii) by striking “of—” and all that follows through “a kinship” and inserting “of a kinship”; (iii) in paragraph (1)(C)— (I) by striking “and” at the end of clause (iii); (II) by adding “and” at the end of clause (iv); and (III) by adding at the end the following: “(v) that include connections to individualized assistance, as needed;”; (iv) by striking paragraphs (2) through (4); (v) by redesignating subparagraphs (A) through (G) of paragraph (1) as paragraphs (1) through (7), respectively; (vi) by redesignating clauses (i) through (iv) and clause (v) (as added by clause (iii)(III) of this subparagraph) as subparagraphs (A) through (E), respectively; (vii) by moving each provision so redesignated 2 ems to the left; and (viii) by striking “caregiving;” and inserting “caregiving.”; (C) in subsection (b)— (i) in paragraph (1), by striking “1 or more of”; (ii) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively, and inserting after paragraph (2) the following: “(3) a description of how the entity will directly fund, or provide data to the Secretary for, an evaluation which will publish and submit information to the clearinghouse described in section 476(d)(2) and which is designed to meet the requirements of section 471(e)(4)(C), or a description of how the funds will be used to help the State transition to a program for which the State will seek reimbursement under section 474(a)(7);”; (iii) in paragraph (4) (as so redesignated), by striking “and” at the end; (iv) in paragraph (5) (as so redesignated), by striking the period and inserting “; and”; and (v) by adding at the end the following: “(6) if the entity is a State, local or tribal child welfare agency— “(A) documentation of support from a relevant community-based organization with experience serving kinship families when applicable; or “(B) a description of how the organization plans to coordinate its services and activities with those offered by the relevant community-based organizations.”; (D) by striking subsection (d) and inserting the following: “(d) Federal share.—An entity to which a grant is made under this section may use the grant to pay not more than 75 percent of the cost of the activities to be carried out by the entity pursuant to this section.”; (E) in subsection (g)— (i) by striking all that precedes “2 percent” and inserting the following: “(g) Reservation of funds for technical assistance.—The Secretary may reserve”; and (ii) by striking “subsection (h)” the 2nd place it appears and inserting “section 437(b)(6)”; and (F) by striking subsection (h). (2) RESERVATION OF DISCRETIONARY FUNDS.—Section 437(b) (42 U.S.C. 629g(b)), as amended by section 8(b) of this Act, is amended by adding at the end the following: “(6) KINSHIP NAVIGATORS.—The Secretary shall reserve $10,000,000 for grants under section 427 for each of fiscal years 2026 through 2029.”. (3) CONFORMING AMENDMENT.—Section 474(a)(7) (42 U.S.C. 674(a)(7)) is amended by striking “427(a)(1)” and inserting “427(a)”. ---
11. Avoiding neglect by addressing poverty Read Opens in new tab
Summary AI
The section modifies existing laws to enhance family preservation services by including short-term support for basic needs like housing and food during crises, and requires states to describe policies, including employee training, aimed at addressing child welfare issues due to poverty to prevent children from being separated from their parents.
12. Strengthening support for caseworkers Read Opens in new tab
Summary AI
The section enhances support for caseworkers by extending and increasing funding, ensuring a minimum grant amount for states, and specifying that funds must be used to improve the quality of visits with children in foster care. It emphasizes reducing workloads, using technology, improving caseworker safety and well-being, and eliminating penalties related to visit standards.
Money References
- (a) Reauthorization of, and increase in funding for, caseworker visits.—Section 436(b)(4)(A) (42 U.S.C. 629f(b)(4)(A)) is amended by striking “each of fiscal years 2017 through 2023” and inserting “fiscal year 2025 and $26,000,000 for fiscal year 2026 and each succeeding fiscal year”.
- (b) Minimum grant amount.—Section 433(e) (42 U.S.C. 629c(e)) is amended by striking paragraphs (1) and (2) and inserting the following: “(1) BASE ALLOTMENT.—From the amount reserved pursuant to section 436(b)(4)(A) for any fiscal year, the Secretary shall first allot to each State (other than an Indian tribe) that has provided to the Secretary such documentation as may be necessary to verify that the jurisdiction has complied with section 436(b)(4)(B)(ii) during the fiscal year, a base allotment of $100,000, and shall then allot to each of those States an amount determined in paragraph (2) or (3) of this subsection, as applicable.
- , the Secretary shall allot to each jurisdiction specified in subsection (b) of this section to which a base allotment is made under such paragraph (1) an amount determined in the same manner as the allotment to each of such jurisdictions is determined under section 423 (without regard to the initial allotment of $70,000 to each State).
13. Demonstration projects for improving relationships between incarcerated parents and children in foster care Read Opens in new tab
Summary AI
The text establishes a program that provides grants to state partnerships to support relationships between foster children and their incarcerated parents. It outlines the requirements for eligibility, application processes, activities funded by the grants, compliance with evaluations, and allows for specific accommodations for Indian tribes and tribal organizations, with annual funding authorized from 2026 to 2029.
Money References
- (h) Limitations on authorization of appropriations.—There is authorized to be appropriated to the Secretary not more than $35,000,000 for each of fiscal years 2026 through 2029 to carry out this section.
439. State partnership planning and demonstration grants to support meaningful relationships between foster children and the incarcerated parents of the children Read Opens in new tab
Summary AI
The section authorizes the government to provide grants to state partnerships to create programs that help maintain relationships between children in foster care and their incarcerated parents. These grants cover program development and activities like communication and visitation, training, and legal assistance, with a federal cost share of up to 75%, and include special provisions for Indian tribes.
Money References
- (2) EVALUATION.—The Secretary shall use tribally relevant data in carrying out the evaluation under subsection (f)(2) with respect to an Indian tribe or tribal organization. (h) Limitations on authorization of appropriations.—There is authorized to be appropriated to the Secretary not more than $35,000,000 for each of fiscal years 2026 through 2029 to carry out this section.
14. Guidance to States on improving data collection and reporting for youth in residential treatment programs Read Opens in new tab
Summary AI
The Secretary of Health and Human Services, along with other federal bodies, is tasked with issuing guidance to states within two years to improve data collection and sharing about youth in residential treatment programs. This guidance will focus on best practices for collecting and sharing information about the well-being and safety of these youths, and enhancing oversight of facilities receiving federal funds.
15. Streamlining research, training, and technical assistance funding Read Opens in new tab
Summary AI
Section 15 of the bill makes changes to funding allocations by setting aside specific amounts for technical assistance to support grantees, evaluate local projects, and aid the implementation of the Indian Child Welfare Act. It also alters existing sections by removing certain mandatory research funds and updating related references throughout the act.
Money References
- (a) Repurposing discretionary research set-aside.—Section 435(c) (42 U.S.C. 629e(c)) is amended to read as follows: “(c) Evaluation, research, and technical assistance with respect to targeted program resources.—Of the amount reserved under section 437(b)(1) for a fiscal year, the Secretary shall use not less than— “(1) $1,000,000 for technical assistance to grantees under section 437(f) and to support design of local site evaluations with the goal of publishing and submitting evaluation findings to the clearinghouse established under section 476(d), or to award grants to allow current or former grantees under section 437(f) to analyze, publish, and submit to the clearinghouse data collected during past grants; and “(2) $1,000,000 for technical assistance required under section 429B of this Act to support effective implementation of the Indian Child Welfare Act of 1978 and to support development of associated State plan measures described pursuant to section 422(b)(9) of this Act.”. (b) Elimination of research set-Aside from mandatory funds.
16. Report on post adoption and subsidized guardianship services Read Opens in new tab
Summary AI
The section requires the Secretary of Health and Human Services to submit a report within two years of the Act's enactment on foster care and adoption outcomes, focusing on adoption disruptions and the services provided. It must include data on post-adoption services and funding available in each state, and assess whether these services are based on evidence.
17. Effective date Read Opens in new tab
Summary AI
The amendments made by this Act will start on October 1, 2025, affecting certain Social Security payments. If a state needs new laws to comply, they have extra time until after their next legislative session. Indian tribes and organizations can also get more time if needed to meet these new rules.