DCL-06-18, Revisions to Pre-Offset Notice and Annual Certification Letter

DEAR COLLEAGUE LETTER

DCL-06-18

DATE: June 6, 2006

TO: ALL STATE IV-D DIRECTORS

RE: Revisions to Pre-Offset Notice and Annual Certification Letter

Dear Colleague:

The enactment of the Deficit Reduction Act (DRA) of 2005 included pending changes to the Passport Denial Program. As a result, it was necessary to revise the Federal Collections & Enforcement Pre-Offset Notice (PON) and Annual Certification Letter to coincide with the new legislation. The revised versions of both documents are enclosed.

Section 7303 of the DRA reduces the threshold amount that triggers eligibility for passport denial from $5,000 to $2,500. Beginning October 1, 2006, a person certified by the Secretary of Health and Human Services (HHS) to the Secretary of State as being in arrears on child support payments by an amount exceeding $2,500 is ineligible to receive a United States passport. HHS strongly recommends due process notification for all cases that will now be eligible for certification because of the reduced threshold.

Revisions to the PON

The revised PON considers the DRA amendments with the following changes:

Second paragraph – includes the phrase "(or $2,500 effective October 1, 2006)."
Third paragraph – clarifies that the debt will remain subject to Federal Tax Refund Offset, Administrative Offset, and/or passport certification until paid in full.
Fourth paragraph – refers the obligor to the contact listed in the notice, not only to request an administrative review, but also for "any questions regarding the notice or your debt."

Revisions to the Annual Certification Letter

The change to the Annual Certification Letter is on the second page. Item 1 of the passport denial certification references the new arrearage threshold amount of $2,500.

Please note that you must submit the signed, revised Annual Certification Letter to OCSE by the last day of the fiscal year, September 30, 2006. Signing this letter certifies that due process has been performed regarding the lowered passport denial threshold.

We will continue to keep you informed, via correspondence and our monthly Federal Offset teleconferences, as to how this change may impact your state’s program. If you have any questions, please contact Roy Nix, Chief, Federal Collections & Enforcement, at (202) 401-5685 or email roy.nix@acf.hhs.gov.

Sincerely,

Margot Bean
Commissioner
Office of Child Support Enforcement

Enclosures (Enclosures available in hard copy only.)

cc: Regional Program Managers
ACF Regional Administrators
Federal Offset Coordinators