[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2762 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 2762
To remove administrative barriers to participation of Indian tribes in
Federal child welfare programs, and increase Federal funding for tribal
child welfare programs, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 20, 2023
Ms. Kamlager-Dove (for herself, Mr. Bacon, and Ms. Davids of Kansas)
introduced the following bill; which was referred to the Committee on
Ways and Means
_______________________________________________________________________
A BILL
To remove administrative barriers to participation of Indian tribes in
Federal child welfare programs, and increase Federal funding for tribal
child welfare programs, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tribal Family Fairness Act''.
SEC. 2. ADDITIONAL RESOURCES AND IMPROVEMENTS FOR TRIBAL CHILD WELFARE
PROGRAMS.
(a) Minimum Grant Amount.--Section 433(a) of the Social Security
Act (42 U.S.C. 629c(a)) is amended to read as follows:
``(a) Indian Tribes or Tribal Consortia.--
``(1) Indian tribes.--
``(A) In general.--From the amount reserved
pursuant to section 436(b)(3) for any fiscal year, the
Secretary shall allot to each Indian tribe with a plan
approved under this subpart--
``(i) $10,000; plus
``(ii) an amount that bears the same ratio
to the adjusted reserved amount as the number
of children in the Indian tribe bears to the
total number of children in all Indian tribes
with State plans so approved, as determined by
the Secretary on the basis of the most current
and reliable information available to the
Secretary.
``(B) Adjusted reserve amount.--In subparagraph
(A), the term `adjusted reserved amount' means, with
respect to a fiscal year--
``(i) the amount reserved pursuant to
section 436(b)(3) for the fiscal year; minus
``(ii) the product of--
``(I) $10,000; and
``(II) the number of Indian tribes
to which an allotment is made under
this subsection for the fiscal year.
``(2) Tribal consortia.--If a consortium of Indian tribes
submits a plan approved under this subpart, the Secretary shall
allot to the consortium an amount equal to the sum of the
allotments determined for each Indian tribe that is part of the
consortium.''.
(b) Increase in the Tribal Set-Aside of Mandatory Funding To
Promote Safe and Stable Families Funding.--Section 436(b)(3) of the
Social Security Act (42 U.S.C. 629f(b)(3)) is amended by striking
``After applying paragraphs (4) and (5) (but before applying paragraphs
(1) or (2)), the Secretary shall reserve 3 percent'' and inserting
``The Secretary shall reserve 4.5 percent''.
(c) Increase in Mandatory Funding.--Section 436(a) of the Social
Security Act (42 U.S.C. 629f(a)) is amended by striking
``$345,000,000'' and inserting ``$356,000,000''.
(d) Increase in Funds Reserved for the Court Improvement Program.--
Section 436(b)(2) of the Social Security Act (42 U.S.C. 629f(b)(2)) is
amended by striking ``$30,000,000'' and inserting ``$34,000,000''.
(e) Authority To Use Funds To Facilitate and Support Tribal
Customary Adoptions.--Section 432(b)(2) of the Social Security Act (42
U.S.C. 629b(b)(2)) is amended by adding at the end the following:
``(C) Authority to use funds for tribal customary
adoptions.--An Indian tribe or tribal consortium may
use amounts provided under this part to facilitate and
support tribal customary adoptions.''.
(f) Streamlining of Application and Reporting Requirements.--
(1) Application requirements.--Section 432(b)(2)(A) of the
Social Security Act (42 U.S.C. 629b(b)(2)(A)) is amended--
(A) by striking ``subsection (a)(4) of this
section'' and inserting ``paragraphs (2), (4), and (5)
of subsection (a)''; and
(B) by adding at the end the following: ``The
Secretary shall exempt a plan of an Indian tribe or
tribal consortium from the requirements of paragraphs
(2) and (5) of subsection (a) for a fiscal year if the
total amount provided to the Indian tribe or tribal
consortium under this subpart for the fiscal year is
less than $50,000. If the Secretary exempts a plan of
an Indian tribe or tribal consortium from a requirement
of paragraph (2) or (5) of subsection (a), the Indian
tribe or tribal consortium may provide the Secretary
with the relevant information in a streamlined form.''.
(2) Reporting requirements.--Section 428 of the Social
Security Act (42 U.S.C. 628) is amended by adding at the end
the following:
``(d) 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.''.
(g) Use of In-Kind Expenditures To Meet Tribal Matching Rate.--
(1) Stephanie tubbs jones child welfare services program.--
Section 428 of the Social Security Act (42 U.S.C. 628), as
amended by subsection (f)(2) of this section, is amended by
adding at the end the following:
``(e) Use of In-Kind Expenditures To Meet Matching Rate.--In
determining the amount expended by an Indian tribe for activities under
this subpart, the Secretary may take into account in-kind expenditures
of the Indian tribe.''.
(2) Marylee allen promoting safe and stable families
program.--Section 434 of the Social Security Act (42 U.S.C.
629d) is amended by adding at the end the following:
``(e) Use of In-Kind Expenditures To Meet Matching Rate.--In
determining the amount expended by an Indian tribe for activities under
this subpart, the Secretary may take into account in-kind expenditures
of the Indian tribe.''.
(h) Authority of Indian Tribal Organization To Elect To Substitute
the Federal Negotiated Indirect Cost Rate for Administrative Costs
Cap.--
(1) Stephanie tubbs jones child welfare services program.--
Section 428 of the Social Security Act (42 U.S.C. 628), as
amended by subsections (f)(2) and (g)(1) of this section, is
amended by adding at the end the following:
``(f) Tribal Authority To Substitute the Federal Negotiated
Indirect Cost Rate for Administrative Costs Cap.--For purposes of
sections 422(b)(14) and 424(e), an Indian tribal organization may elect
to have the weighted average of the indirect cost rates in effect under
part 225 of title 2, Code of Federal Regulations (OMB Circular A-87)
with respect to the administrative costs of the Indian tribal
organization apply in lieu of the percentage specified in each such
section.''.
(2) Marylee allen promoting safe and stable families
program.--Section 434 of the Social Security Act (42 U.S.C.
629d), as amended by subsection (g)(2) of this section, is
amended by adding at the end the following:
``(f) Tribal Authority To Substitute the Federal Negotiated
Indirect Cost Rate for Administrative Costs Cap.--For purposes of
sections 432(a)(4) and 434(d), an Indian tribal organization may elect
to have the weighted average of the indirect cost rates in effect under
part 225 of title 2, Code of Federal Regulations (OMB Circular A-87)
with respect to the administrative costs of the Indian tribal
organization apply in lieu of the percentage specified in each such
section.''.
(i) Technical Correction.--Section 428(c) of the Social Security
Act (42 U.S.C. 628(c)) is amended by striking ``450b'' and inserting
``5304''.
(j) Effective Date.--
(1) In general.--The amendments made by this section shall
take effect on October 1, 2023, and shall apply to payments
under part B of title IV of the Social Security Act for
calendar quarters beginning on or after such date.
(2) Delay permitted if state legislation required.--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 developed under part B of
title IV of the Social Security Act to meet the additional
requirements imposed by the amendments made by this section,
the plan shall not be regarded as failing to meet any of the
additional 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 enactment of this
Act. For purposes of the preceding sentence, 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 legislature.
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