Tribal Child Welfare Support Act

This Act may be cited as the Tribal Child Welfare Support Act.

Section 428 of the Social Security Act (42 U.S.C. 628) is amended—

(1) in subsection (a)—

(A) by striking may and inserting shall; and

(B) by striking the last sentence;

(2) by striking subsection (b) and inserting the following:

The Secretary shall pay any amount to which an Indian tribe or tribal consortium is entitled under this section directly to the tribal organization of the Indian tribe or in the case of a payment to a tribal consortium, such tribal organizations of, or entity established by, the Indian tribes that are part of the consortium as the consortium shall designate.

(2) ; and

(3) by adding at the end the following:

Of the amount made available under section 425 for a fiscal year, the Secretary shall reserve 3 percent for payments under subsection (a) of this section.

(3) .

Section 423(a)(1) of such Act (42 U.S.C. 623(a)(1)) is amended by inserting, after applying section 428(d), before for each fiscal year.

The amendments made by this section shall not apply with respect to a fiscal year unless the amount made available under section 425 of the Social Security Act for the fiscal year meets or exceeds 103 percent of the amount made available in fiscal year 2024 to enable the Secretary of Health and Human Services to reserve 3 percent of the amount for payments to Indian tribes and tribal organizations under subpart 1 of part B of title IV of such Act without reducing the allotment of any State for the fiscal year under section 423 of such Act. Should the threshold for reserving 3 percent for payments to Indian tribes and tribal organizations not be met in a fiscal year, then amounts paid under section 428(a) of such Act shall be deemed to be a part of the allotment (as determined under section 423 of such Act) for the State in which such Indian tribal organization is located.