Tribal Family Fairness Act

I 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Tribal Family Fairness 4 Act’’. 5 VerDate Sep 11 2014 04:13 Apr 29, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2762.IH H2762 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •HR 2762 IH SEC. 2. ADDITIONAL RESOURCES AND IMPROVEMENTS FOR 1 TRIBAL CHILD WELFARE PROGRAMS. 2 (a) MINIMUM GRANT AMOUNT.—Section 433(a) of 3 the Social Security Act (42 U.S.C. 629c(a)) is amended 4 to read as follows: 5 ‘‘(a) INDIAN TRIBES OR TRIBAL CONSORTIA.— 6 ‘‘(1) INDIAN TRIBES.— 7 ‘‘(A) IN GENERAL.—From the amount re- 8 served pursuant to section 436(b)(3) for any 9 fiscal year, the Secretary shall allot to each In- 10 dian tribe with a plan approved under this sub- 11 part— 12 ‘‘(i) $10,000; plus 13 ‘‘(ii) an amount that bears the same 14 ratio to the adjusted reserved amount as 15 the number of children in the Indian tribe 16 bears to the total number of children in all 17 Indian tribes with State plans so approved, 18 as determined by the Secretary on the 19 basis of the most current and reliable in- 20 formation available to the Secretary. 21 ‘‘(B) ADJUSTED RESERVE AMOUNT.—In 22 subparagraph (A), the term ‘adjusted reserved 23 amount’ means, with respect to a fiscal year— 24 ‘‘(i) the amount reserved pursuant to 25 section 436(b)(3) for the fiscal year; minus 26 VerDate Sep 11 2014 04:13 Apr 29, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2762.IH H2762 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •HR 2762 IH ‘‘(ii) the product of— 1 ‘‘(I) $10,000; and 2 ‘‘(II) the number of Indian tribes 3 to which an allotment is made under 4 this subsection for the fiscal year. 5 ‘‘(2) TRIBAL CONSORTIA.—If a consortium of 6 Indian tribes submits a plan approved under this 7 subpart, the Secretary shall allot to the consortium 8 an amount equal to the sum of the allotments deter- 9 mined for each Indian tribe that is part of the con- 10 sortium.’’. 11 (b) INCREASE IN THE TRIBAL SET-ASIDE OF MAN- 12 DATORY FUNDING TO PROMOTE SAFE AND STABLE FAM- 13 ILIES FUNDING.—Section 436(b)(3) of the Social Security 14 Act (42 U.S.C. 629f(b)(3)) is amended by striking ‘‘After 15 applying paragraphs (4) and (5) (but before applying 16 paragraphs (1) or (2)), the Secretary shall reserve 3 per- 17 cent’’ and inserting ‘‘The Secretary shall reserve 4.5 per- 18 cent’’. 19 (c) INCREASE IN MANDATORY FUNDING.—Section 20 436(a) of the Social Security Act (42 U.S.C. 629f(a)) is 21 amended by striking ‘‘$345,000,000’’ and inserting 22 ‘‘$356,000,000’’. 23 (d) INCREASE IN FUNDS RESERVED FOR THE COURT 24 IMPROVEMENT PROGRAM.—Section 436(b)(2) of the So- 25 VerDate Sep 11 2014 04:13 Apr 29, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2762.IH H2762 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •HR 2762 IH cial Security Act (42 U.S.C. 629f(b)(2)) is amended by 1 striking ‘‘$30,000,000’’ and inserting ‘‘$34,000,000’’. 2 (e) AUTHORITY TO USE FUNDS TO FACILITATE AND 3 SUPPORT TRIBAL CUSTOMARY ADOPTIONS.—Section 4 432(b)(2) of the Social Security Act (42 U.S.C. 5 629b(b)(2)) is amended by adding at the end the fol- 6 lowing: 7 ‘‘(C) AUTHORITY TO USE FUNDS FOR 8 TRIBAL CUSTOMARY ADOPTIONS.—An Indian 9 tribe or tribal consortium may use amounts 10 provided under this part to facilitate and sup- 11 port tribal customary adoptions.’’. 12 (f) STREAMLINING OF APPLICATION AND REPORTING 13 REQUIREMENTS.— 14 (1) APPLICATION REQUIREMENTS.—Section 15 432(b)(2)(A) of the Social Security Act (42 U.S.C. 16 629b(b)(2)(A)) is amended— 17 (A) by striking ‘‘subsection (a)(4) of this 18 section’’ and inserting ‘‘paragraphs (2), (4), 19 and (5) of subsection (a)’’; and 20 (B) by adding at the end the following: 21 ‘‘The Secretary shall exempt a plan of an In- 22 dian tribe or tribal consortium from the re- 23 quirements of paragraphs (2) and (5) of sub- 24 section (a) for a fiscal year if the total amount 25 VerDate Sep 11 2014 04:13 Apr 29, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2762.IH H2762 pbinns on DSKJLVW7X2PROD with $$_JOB 5 •HR 2762 IH provided to the Indian tribe or tribal consor- 1 tium under this subpart for the fiscal year is 2 less than $50,000. If the Secretary exempts a 3 plan of an Indian tribe or tribal consortium 4 from a requirement of paragraph (2) or (5) of 5 subsection (a), the Indian tribe or tribal consor- 6 tium may provide the Secretary with the rel- 7 evant information in a streamlined form.’’. 8 (2) REPORTING REQUIREMENTS.—Section 428 9 of the Social Security Act (42 U.S.C. 628) is amend- 10 ed by adding at the end the following: 11 ‘‘(d) AUTHORITY TO STREAMLINE REPORTING RE- 12 QUIREMENTS.—The Secretary shall, in consultation with 13 the affected Indian tribes, modify any reporting require- 14 ment imposed by or under this part on an Indian tribe, 15 tribal organization, or tribal consortium if the total of the 16 amounts allotted to the Indian tribe, tribal organization, 17 or tribal consortium under this part for the fiscal year is 18 not more than $50,000, and in a manner that limits the 19 administrative burden on any tribe to which less than 20 $50,000 is allotted under this subpart for the fiscal year.’’. 21 (g) USE OF IN-KIND EXPENDITURES TO MEET 22 TRIBAL MATCHING RATE.— 23 (1) STEPHANIE TUBBS JONES CHILD WELFARE 24 SERVICES PROGRAM.—Section 428 of the Social Se- 25 VerDate Sep 11 2014 04:13 Apr 29, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2762.IH H2762 pbinns on DSKJLVW7X2PROD with $$_JOB 6 •HR 2762 IH curity Act (42 U.S.C. 628), as amended by sub- 1 section (f)(2) of this section, is amended by adding 2 at the end the following: 3 ‘‘(e) USE OF IN-KIND EXPENDITURES TO MEET 4 MATCHING RATE.—In determining the amount expended 5 by an Indian tribe for activities under this subpart, the 6 Secretary may take into account in-kind expenditures of 7 the Indian tribe.’’. 8 (2) MARYLEE ALLEN PROMOTING SAFE AND 9 STABLE FAMILIES PROGRAM.—Section 434 of the 10 Social Security Act (42 U.S.C. 629d) is amended by 11 adding at the end the following: 12 ‘‘(e) USE OF IN-KIND EXPENDITURES TO MEET 13 MATCHING RATE.—In determining the amount expended 14 by an Indian tribe for activities under this subpart, the 15 Secretary may take into account in-kind expenditures of 16 the Indian tribe.’’. 17 (h) AUTHORITY OF INDIAN TRIBAL ORGANIZATION 18 TO ELECT TO SUBSTITUTE THE FEDERAL NEGOTIATED 19 INDIRECT COST RATE FOR ADMINISTRATIVE COSTS 20 CAP.— 21 (1) STEPHANIE TUBBS JONES CHILD WELFARE 22 SERVICES PROGRAM.—Section 428 of the Social Se- 23 curity Act (42 U.S.C. 628), as amended by sub- 24 VerDate Sep 11 2014 04:13 Apr 29, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2762.IH H2762 pbinns on DSKJLVW7X2PROD with $$_JOB 7 •HR 2762 IH sections (f)(2) and (g)(1) of this section, is amended 1 by adding at the end the following: 2 ‘‘(f) TRIBAL AUTHORITY TO SUBSTITUTE THE FED- 3 ERAL NEGOTIATED INDIRECT COST RATE FOR ADMINIS- 4 TRATIVE COSTS CAP.—For purposes of sections 5 422(b)(14) and 424(e), an Indian tribal organization may 6 elect to have the weighted average of the indirect cost 7 rates in effect under part 225 of title 2, Code of Federal 8 Regulations (OMB Circular A–87) with respect to the ad- 9 ministrative costs of the Indian tribal organization apply 10 in lieu of the percentage specified in each such section.’’. 11 (2) MARYLEE ALLEN PROMOTING SAFE AND 12 STABLE FAMILIES PROGRAM.—Section 434 of the 13 Social Security Act (42 U.S.C. 629d), as amended 14 by subsection (g)(2) of this section, is amended by 15 adding at the end the following: 16 ‘‘(f) TRIBAL AUTHORITY TO SUBSTITUTE THE FED- 17 ERAL NEGOTIATED INDIRECT COST RATE FOR ADMINIS- 18 TRATIVE COSTS CAP.—For purposes of sections 432(a)(4) 19 and 434(d), an Indian tribal organization may elect to 20 have the weighted average of the indirect cost rates in ef- 21 fect under part 225 of title 2, Code of Federal Regulations 22 (OMB Circular A–87) with respect to the administrative 23 costs of the Indian tribal organization apply in lieu of the 24 percentage specified in each such section.’’. 25 VerDate Sep 11 2014 04:13 Apr 29, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H2762.IH H2762 pbinns on DSKJLVW7X2PROD with $$_JOB 8 •HR 2762 IH (i) TECHNICAL CORRECTION.—Section 428(c) of the 1 Social Security Act (42 U.S.C. 628(c)) is amended by 2 striking ‘‘450b’’ and inserting ‘‘5304’’. 3 (j) EFFECTIVE DATE.— 4 (1) IN GENERAL.—The amendments made by 5 this section shall take effect on October 1, 2023, 6 and shall apply to payments under part B of title IV 7 of the Social Security Act for calendar quarters be- 8 ginning on or after such date. 9 (2) DELAY PERMITTED IF STATE LEGISLATION 10 REQUIRED.—If the Secretary of Health and Human 11 Services determines that State legislation (other 12 than legislation appropriating funds) is required in 13 order for a State plan developed under part B of 14 title IV of the Social Security Act to meet the addi- 15 tional requirements imposed by the amendments 16 made by this section, the plan shall not be regarded 17 as failing to meet any of the additional requirements 18 before the 1st day of the 1st calendar quarter begin- 19 ning after the first regular session of the State legis- 20 lature that begins after the date of the enactment of 21 this Act. For purposes of the preceding sentence, if 22 the State has a 2-year legislative session, each year 23 VerDate Sep 11 2014 04:13 Apr 29, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H2762.IH H2762 pbinns on DSKJLVW7X2PROD with $$_JOB 9 •HR 2762 IH of the session is deemed to be a separate regular 1 session of the State legislature. 2 Æ VerDate Sep 11 2014 04:13 Apr 29, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6301 E:\BILLS\H2762.IH H2762 pbinns on DSKJLVW7X2PROD with $$_JOB