Tribal Family Fairness Act

Subjects: Native Americans


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2762 Introduced in House (IH)]

&lt;DOC&gt;






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.
                                 &lt;all&gt;
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