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-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Tribal Family Fairness 
Act’’. 
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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 re-
served pursuant to section 436(b)(3) for any 
fiscal year, the Secretary shall allot to each In-
dian tribe with a plan approved under this sub-
part— 
‘‘(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 in-
formation 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 
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‘‘(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 deter-
mined for each Indian tribe that is part of the con-
sortium.’’. 
(b) INCREASE IN THE TRIBAL SET-ASIDE OF MAN-
DATORY FUNDING TO PROMOTE SAFE AND STABLE FAM-
ILIES 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 per-
cent’’ and inserting ‘‘The Secretary shall reserve 4.5 per-
cent’’. 
(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 So-
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cial 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 fol-
lowing: 
‘‘(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 sup-
port 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 In-
dian tribe or tribal consortium from the re-
quirements of paragraphs (2) and (5) of sub-
section (a) for a fiscal year if the total amount 
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provided to the Indian tribe or tribal consor-
tium 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 consor-
tium may provide the Secretary with the rel-
evant information in a streamlined form.’’. 
(2) REPORTING REQUIREMENTS.—Section 428 
of the Social Security Act (42 U.S.C. 628) is amend-
ed by adding at the end the following: 
‘‘(d) AUTHORITY TO STREAMLINE REPORTING RE-
QUIREMENTS.—The Secretary shall, in consultation with 
the affected Indian tribes, modify any reporting require-
ment 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 Se-
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curity Act (42 U.S.C. 628), as amended by sub-
section (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 Se-
curity Act (42 U.S.C. 628), as amended by sub-
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sections (f)(2) and (g)(1) of this section, is amended 
by adding at the end the following: 
‘‘(f) TRIBAL AUTHORITY TO SUBSTITUTE THE FED-
ERAL NEGOTIATED INDIRECT COST RATE FOR ADMINIS-
TRATIVE
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 ad-
ministrative 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 FED-
ERAL NEGOTIATED INDIRECT COST RATE FOR ADMINIS-
TRATIVE 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 ef-
fect 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.’’. 
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