S. 4638

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 4638 Introduced in Senate (IS)]

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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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