SenateS. 4638119th Congress
Promoting Strong Native Families and Children Act
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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 4638 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
2d Session
S. 4638
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 SENATE OF THE UNITED STATES
May 21, 2026
Ms. Murkowski (for herself, Ms. Cortez Masto, Mr. Schatz, and Mr.
Lujan) introduced the following bill; which was read twice and referred
to the Committee on Finance
_______________________________________________________________________
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 ``Promoting Strong Native Families and
Children 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)(2) for any fiscal year, the
Secretary shall allot to each Indian tribe with a plan
approved under this subpart--
``(i) $5,000; 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)(2) for the fiscal year; minus
``(ii) the product of--
``(I) $5,000; 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) Elimination of Special Rule and Recognizing 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 striking subparagraph (B) and inserting the following:
``(B) 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.''.
(c) Increase in the Tribal Set-Aside of Mandatory Funding To
Promote Safe and Stable Families Funding.--Section 436(b)(2) of the
Social Security Act (42 U.S.C. 629f(b)(2)) is amended by striking ``3
percent'' and inserting ``5 percent''.
(d) Increase in the Tribal Set-Aside of Discretionary Funding To
Promote Safe and Stable Families Funding.--Section 437(b)(3) of the
Social Security Act (42 U.S.C. 629g(b)(3)) is amended by striking ``3
percent'' and inserting ``5 percent''.
(e) Increase in the Tribal Set-Aside for the Stephanie Tubbs Jones
Child Welfare Services Program.--Section 428(a) of the Social Security
Act (42 U.S.C. 628(a)) is amended by striking ``3 percent'' and
inserting ``5 percent''.
(f) Streamlining of Reporting Requirements.--Section 428(b) of the
Social Security Act (42 U.S.C. 628(b)) is amended--
(1) by striking ``the total of'';
(2) by striking ``this part'' and inserting ``this subpart
or subpart 2''; and
(3) by inserting ``or subpart 2'' after ``allotted under
this subpart''.
(g) Waiver or Modification of Matching Requirements.--
(1) Stephanie tubbs jones child welfare services program.--
Section 428 of the Social Security Act (42 U.S.C. 628) is
amended by adding at the end the following:
``(e) Matching Rate Requirements.--The Secretary may waive or
modify any matching requirement imposed under this subpart on an Indian
tribe or tribal organization if the Secretary determines that the
waiver or modification is appropriate to the needs, culture, and
circumstances of the Indian tribe or tribal organization.''.
(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) Matching Rate Requirements.--The Secretary may waive or
modify any matching requirement imposed under this subpart on an Indian
tribe or tribal organization if the Secretary determines that the
waiver or modification is appropriate to the needs, culture, and
circumstances of the Indian tribe or tribal organization.''.
(h) Authority of Indian Tribal Organization To Elect To Substitute
the Federal Negotiated Indirect Cost Rate for Administrative Costs Cap
for the 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), 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, with respect to the
administrative costs of the Indian tribal organization apply in lieu of
the percentage specified in each such section.''.
(i) Increase in Funding for Tribal Court Improvement Program.--
Section 438(c)(3) of the Social Security Act (42 U.S.C. 629h(c)(3)) is
amended by striking ``$2,000,000 for each of fiscal years 2026 through
2029'' and inserting ``$5,000,000 for fiscal year 2026 and each fiscal
year thereafter''.
(j) Exemption From Inappropriate Requirements.--Section
432(b)(2)(A) of the Social Security Act (42 U.S.C. 629b(b)(2)(A)) is
amended by striking ``the requirements of subsection (a)(4)'' and
inserting ``any requirements''.
SEC. 3. AUTHORITY TO PROVIDE SOCIAL SERVICES BLOCK GRANTS DIRECTLY TO
INDIAN TRIBES.
Section 2003 of the Social Security Act (42 U.S.C. 1397b) is
amended--
(1) in subsection (a), by adding at the end the following:
``Allotments for Indian tribes, as defined in section 428(d),
or tribal consortia, with a grant approved under this subtitle
for fiscal year 2026 or any succeeding fiscal year shall be
determined in accordance with subsection (d).'';
(2) in subsection (b)(1), by inserting ``(after application
of the reservation required by subsection (d)(1))'' after
``subsection (c)''; and
(3) in subsection (c)--
(A) in paragraph (11), by striking ``thereafter.''
and inserting ``thereafter through fiscal year 2025;
and'';
(B) by inserting after paragraph (11), the
following:
``(12) $1,790,000,000 for the fiscal year 2026 and each
fiscal year thereafter.''; and
(C) by adding at the end the following new
subsection:
``(d) Tribal Allocations.--
``(1) In general.--Of the amounts specified in subsection
(c) for a fiscal year, 5 percent shall be available for grants
made with Indian tribes or tribal consortia in accordance with
this subsection.
``(2) Grant authority.--The Secretary shall make grants to
Indian tribes or tribal consortia for planning and carrying out
programs and activities under this subtitle, including through
cultural preservation and traditional practices.
``(3) Criteria.--The Secretary shall establish criteria, in
consultation with Indian tribes and tribal consortia, for the
review and approval of applications for grants under this
subsection.
``(4) Allotments.--
``(A) In general.--From the amount reserved
pursuant to paragraph (1) for any fiscal year, the
Secretary shall allot to each Indian tribe with a grant
approved under this subtitle--
``(i) $25,000; plus
``(ii) an amount that bears the same ratio
to the adjusted reserved amount as the
population of the Indian tribe bears to the
population of all Indian tribes with approved
grants, 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
paragraph (1) for the fiscal year; minus
``(ii) the product of--
``(I) $25,000; and
``(II) the number of Indian tribes
which have approved grants under this
subsection for the fiscal year.
``(C) Tribal consortia.--If a grant submitted by a
consortium of Indian tribes is approved under this
subtitle, 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.
``(5) Reallocation.--Funds that are not distributed to
Indian tribes and tribal consortia during a fiscal year shall
be available for reallocation to eligible Indian tribes and
tribal consortia.
``(6) Rule of construction.--Nothing in this subsection
shall be construed to--
``(A) serve as an authorization to limit the
eligibility of any individual to participate in any
program offered by a State or subdivision thereof;
``(B) modify any requirement imposed upon a State
by any provision in this subtitle; or
``(C) preclude or discourage an agreement between
any Indian tribe and any State that facilitates the
provision of services by the Indian tribe to the
service population of the Indian tribe.''.
SEC. 4. TRIBAL PREVENTION-ONLY AGREEMENT AUTHORITY.
(a) Option To Administer Prevention Services Only Program.--Section
479B(c)(1)(E) of the Social Security Act (42 U.S.C. 679c(c)(1)(E)) is
amended by adding at the end the following:
``(iii) Option to submit a prevention
services program only plan.--A tribe,
organization, or consortium may elect to
provide services and programs specified in
section 471(e)(1) to children described in
section 471(e)(2) as an independent program
without submission of a plan to operate a
foster care, adoption, or kinship guardianship
program under this part, provided that the
tribe, organization, or consortium has a court,
agency, or 1 or more tribally designated
individuals that is responsible for proceedings
relating to foster care or that collaborates
with the State on child welfare.''.
(b) Option To Make Agreements To Administer Prevention Services
Only Program.--Section 471(a)(32) of the Social Security Act (42 U.S.C.
671(a)(32)) is amended--
(1) by inserting ``, including an agreement to administer
only the prevention program described in subsection (e) if the
tribe has a court, agency, or tribally-designated individuals
responsible for proceedings relating to foster care or that
collaborates with the State on child welfare'' after
``administer all or part of the program under this part''; and
(2) by striking ``and, if the State has elected to provide
such payments, kinship guardianship assistance payments under
section 473(d)'' and inserting ``providing access to the
kinship guardianship program under section 473(d) or the
prevention program described in subsection (e) if the State has
elected to implement such programs''.
SEC. 5. STATE OPTION TO INCLUDE TRIBAL CASEWORKER VISITS FOR PURPOSES
OF SATISFYING MONTHLY CASEWORKER VISIT REQUIREMENTS.
Section 424(f) of the Social Security Act (42 U.S.C. 624(f)) is
amended--
(1) by inserting ``(1)'' after ``(f)''; and
(2) by adding at the end the following:
``(2) For purposes of determining whether a State has met the
requirements of paragraph (1), a State may elect to include visits made
by caseworkers on behalf of a tribal child welfare agency if--
``(A) the tribal child welfare agency has an agreement with
the State under this subpart, subpart 2, or under part E with
respect to administering funds or carrying out the requirements
of this subpart, subpart 2, or part E with regard to children
in foster care;
``(B) such visits meet the requirements of section
422(b)(17); and
``(C) such visits are reported through a coordinated data-
sharing agreement.''.
SEC. 6. EFFECTIVE DATE.
The amendments made by this Act shall take effect on the date that
is 30 days after the date of enactment of this Act.
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