S. 4638

119 S4638 IS: Promoting Strong Native Families and Children Act
 U.S. Senate
 2026-05-21
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 Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
 II  119th CONGRESS  2d Session  S. 4638  IN THE SENATE OF THE UNITED STATES   May 21, 2026   Ms. Murkowski  (for herself,  Ms. Cortez Masto ,  Mr. Schatz , and  Mr. Luján ) 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.
1.
Short title
This Act may be cited as the   Promoting Strong Native Families and Children Act  .
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 .
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.
 .
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 .
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.
 .
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.