AT-00-06, Notice of Proposed Rulemaking and Interim Final Rule for Tribal Child Support Enforcement Programs under Section 455(f) of the Social Security Act

U.S. Department of Health and Human Services
Administration for Children & Families
Office of Child Support Enforcement

ACTION TRANSMITTAL

OCSE-AT-00-06

DATE: August 22, 2000

TO: FEDERALLY RECOGNIZED INDIAN TRIBES, STATE AGENCIES ADMINISTERING CHILD SUPPORT ENFORCEMENT PLANS UNDER TITLE IV-D OF THE SOCIAL SECURITY ACT, AND OTHER INTERESTED PARTIES

SUBJECT: Notice of Proposed Rulemaking and Interim Final Rule for Tribal Child Support Enforcement Programs under Section 455(f) of the Social Security Act

BACKGROUND: The attached notice of proposed rulemaking (NPRM) and interim final rule implement direct child support enforcement (CSE) funding to Indian Tribes and Tribal organizations under section 455(f) of the Social Security Act (the Act), as added by the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA, Public Law 104-193) and amended by the Balanced Budget Act of 1997 (Public Law 105-33). The NPRM and interim rule were published in the Federal Register on August 21, 2000 (NPRM: 65 FR 162 et seq.; interim final rule: 65 FR 162 et seq.).

Section 455(f) of the Act authorizes direct Federal funding of Tribal CSE programs meeting requirements contained in the Act and established by the Secretary of Health and Human Services by regulation:

Section 455(f) The Secretary may make direct payments under this part to an Indian tribe or tribal organization that demonstrates to the satisfaction of the Secretary that it has the capacity to operate a child support enforcement program meeting the objectives of this part, including establishment of paternity, establishment, modification, and enforcement of support orders, and location of absent parents. The Secretary shall promulgate regulations establishing the requirements which must be met by an Indian tribe or tribal organization to be eligible for a grant under this subsection.

The NPRM proposes requirements for applying for direct Federal funding and administering Tribal CSE programs under section 455(f) of the Act. The NPRM proposes to add a new part 309 150 "Tribal Child Support Enforcement (CSE) Program" 150 to the Federal Child Support Enforcement regulations under title 45 of the Code of Federal Regulations, which implement title IV-D of the Act.

The interim final rule enables Tribes and Tribal organizations that currently operate comprehensive CSE programs to apply for direct Federal funding and administer comprehensive Tribal CSE programs under section 455(f). The interim rule contains most of the same provisions and requirements as the NPRM; however, it applies only to Tribes and Tribal organizations with currently operational comprehensive CSE programs. The interim rule adds a new part 310 150 "Comprehensive Tribal Child Support Enforcement (CSE) Programs" 150 to the Federal Child Support Enforcement regulations. Both the NPRM and interim final rule begin with preambles that provide important background information about the regulations. The regulations themselves follow the preambles.

Please note: The Interim Final contains a typo on page 50790, in the second column. "List of Subjects in 45 CFR Part 309" should read "List of Subjects in 45 CFR Part 310".

The contents of both the NPRM and the Interim Final are listed below.

CONTENTS OF

NOTICE OF PROPOSED RULEMAKING AND INTERIM FINAL RULE

FOR TRIBAL CHILD SUPPORT ENFORCEMENT (CSE) PROGRAMS

PUBLISHED AUGUST 21, 2000

Notice of Proposed Rulemaking (NPRM)
Proposed 45 CFR Part 309151Tribal Child Support Enforcement (CSE) Program
(Pages 50800 150 50839 as published in the Federal Register on August 21, 2000.)

The NPRM proposes requirements for Tribal CSE programs that Indian Tribes and Tribal organizations will operate with direct Federal funding under section 455(f) of the Social Security Act (the Act).

Subpart A151Tribal CSE Program: General Provisions
(Preamble discussion: pages 50808 150 50809. Proposed regulation: page 58031.)
§309.01 What does this part cover?
§309.05 What definitions apply to this part?
§309.10 Who is eligible to apply for Federal funding to operate a Tribal CSE program?

Subpart B151Tribal CSE Program Application Procedures
(Preamble discussion: pages 50809 150 50811. Proposed regulation: pages 50831 150 50833.)
§309.15 What is a Tribal CSE program application?
§309.20 Who submits a Tribal CSE program application?
§309.25 When must a Tribe or Tribal organization submit a Tribal CSE program application?
§309.30 Where does the Tribe or Tribal organization submit the application?
§309.35 What are the procedures for approval or disapproval of Tribal CSE program
            applications and plan amendment(s)?
§309.40 What is the basis for disapproval of a Tribal CSE program application or plan
            amendment(s)?
§309.45 How may a Tribe or Tribal organization request a reconsideration of a disapproval
            action?
§309.50 What are the consequences of disapproval of a Tribal CSE program application or plan
            amendment?

Subpart C151Tribal CSE Plan Requirements
(Preamble discussion: pages 50811 150 50822. Proposed regulation: pages 50833 150 50836.)
§309.55 What does this subpart cover?
§309.60 Who is ultimately responsible for administration of the Tribal CSE program under the Tribal
            CSE plan?
§309.65 What must a Tribe or Tribal organization include in a Tribal CSE plan in order to
            demonstrate capacity to operate a Tribal CSE program?
§309.70 What provisions governing jurisdiction must a Tribe or Tribal organization include in a
            Tribal CSE plan?
§309.75 What administrative and management procedures must a Tribe or Tribal organization
            include in a Tribal CSE plan?
§309.80 What safeguarding procedures must a Tribe or Tribal organization include in a Tribal
            CSE plan?
§309.85 What reports and maintenance of records procedures must a Tribe or Tribal
            organization include in a Tribal CSE plan?
§309.90 What governing Tribal law or regulations must a Tribe or Tribal organization include in
            a Tribal CSE plan?
§309.95 What procedures governing the location of noncustodial parents must a Tribe or Tribal
            organization include in a Tribal CSE plan?
§309.100 What procedures for the establishment of paternity must a Tribe or Tribal organization
            include in a Tribal CSE plan?
§309.105 What procedures governing guidelines for the establishment and modification of child
            support obligations must a Tribe or Tribal organization include in a Tribal CSE plan?
§309.110 What procedures governing income withholding must a Tribe or Tribal organization
            include in a Tribal CSE plan?
§309.115 What procedures governing the distribution of child support must a Tribe or Tribal
            organization include in a Tribal CSE plan?
§309.120 What intergovernmental procedures must a Tribe or Tribal organization include in a
            Tribal CSE plan?

Subpart D151Tribal CSE Program Funding
(Preamble discussion: pages 50822 150 50829. Proposed regulation: pages 50836 150 50839.)
§309.125 On what basis is Federal funding in Tribal CSE programs determined?
§309.130 How will Tribal CSE programs be funded?
§309.135 How long do Tribes and Tribal organizations have to obligate and spend CSE grant
            funds?
§309.140 What are the financial reporting requirements?
§309.145 What costs are allowable charges to Tribal CSE programs carried out under
    §309.65(a) of this part?
§309.150 What costs are allowable charges to Tribal CSE start-up programs carried out under
    §309.65(b) of this part?
§309.155 What uses of Tribal CSE program funds are not allowable?

Subpart E151Accountability and Monitoring
(Preamble discussion: pages 50829 150 50830. Proposed regulation: pages 50839.)
§309.160 How will OCSE determine if Tribal CSE program funds are appropriately expended?
§309.165 What recourse does a Tribe or Tribal organization have to dispute a determination to
disallow Tribal CSE program expenditures?

Subpart F151Statistical and Narrative Reporting Requirements
(Preamble discussion: page 50830. Proposed regulation: page 50839.)
§309.170 What statistical and narrative reporting requirements apply to Tribal CSE programs?
§309.175 When are statistical and narrative reports due?

Interim Final Rule
45 CFR Part 310151Comprehensive Tribal Child Support Enforcement (CSE) Programs
(Pages 50786 150 50799 as published in the Federal Register on August 21, 2000.)

The interim final rule applies only to Tribes and Tribal organizations that currently operate comprehensive CSE programs. It establishes requirements for the comprehensive Tribal CSE programs that they will operate with direct Federal funding under section 455(f) of the Act.

Subparts A through F
(Preamble discussion: pages 50789 150 50790 in the preamble to the interim final rule, and pages 50808 150 50830 in the preamble to the NPRM. Interim final regulation: pages 50791 150 50799.)

The provisions of subparts A through F of the interim final rule (45 CFR Part 310) are essentially the same as the provisions of subparts A through F of the NPRM (proposed 45 CFR Part 309), except that the interim final rule does not include the provisions relating to program development start-up funding that are in the NPRM (§309.65(b) and §309.150). (In order to receive funding under the interim final rule, Tribes and Tribal organizations already must be operating full CSE programs.) Each provision in subparts A through F has the same section and paragraph number in the NPRM and in the interim final rule, but the part number is different. For example, the first section in both (§___.01, What does this part cover?) is §309.01 in the NPRM and §310.01 in the interim final rule.

Subpart A151Tribal CSE Program: General Provisions
(Preamble discussion: pages 50808 150 50809 in the preamble to the NPRM. Interim final regulation: page 50791.)
§310.01 What does this part cover?
§310.05 What definitions apply to this part?
§310.10 Who is eligible to apply for Federal funding to operate a Tribal CSE program?

Subpart B151Tribal CSE Program Application Procedures
(Preamble discussion: pages 50809 150 50811 in the preamble to the NPRM. Interim final regulation: pages 50791 150 50793.)
§310.15 What is a Tribal CSE program application?
§310.20 Who submits a Tribal CSE program application?
§310.25 When must a Tribe or Tribal organization submit a Tribal CSE program application?
§310.30 Where does the Tribe or Tribal organization submit the application?
§310.35 What are the procedures for approval or disapproval of Tribal CSE program
            applications and plan amendment(s)?
§310.40 What is the basis for disapproval of a Tribal CSE program application or plan
            amendment(s)?
§310.45 How may a Tribe or Tribal organization request a reconsideration of a disapproval
            action?
§310.50 What are the consequences of disapproval of a Tribal CSE program application or plan
            amendment?

Subpart C151Tribal CSE Plan Requirements
(Preamble discussion: pages 50811 150 50822 in the preamble to the NPRM. Interim final regulation: pages 50793 150 50796.)
§310.55 What does this subpart cover?
§310.60 Who is ultimately responsible for administration of the Tribal CSE program under the
            Tribal CSE plan?
310.65 What must a Tribe or Tribal organization include in a Tribal CSE plan in order to
            demonstrate capacity to operate a Tribal CSE program?
§310.70 What provisions governing jurisdiction must a Tribe or Tribal organization include in a
            Tribal CSE plan?
§310.75 What administrative and management procedures must a Tribe or Tribal organization
            include in a Tribal CSE plan?
§310.80 What safeguarding procedures must a Tribe or Tribal organization include in a Tribal
            CSE plan?
§310.85 What reports and maintenance of records procedures must a Tribe or Tribal
            organization include in a Tribal CSE plan?
§310.90 What governing Tribal law or regulations must a Tribe or Tribal organization include in
            a Tribal CSE plan?
§310.95 What procedures governing the location of noncustodial parents must a Tribe or Tribal
            organization include in a Tribal CSE plan?
§310.100 What procedures for the establishment of paternity must a Tribe or Tribal organization
            include in a Tribal CSE plan?
§310.105 What procedures governing guidelines for the establishment and modification of child
            support obligations must a Tribe or Tribal organization include in a Tribal CSE plan?
§310.110 What procedures governing income withholding must a Tribe or Tribal organization
            include in a Tribal CSE plan?
§310.115 What procedures governing the distribution of child support must a Tribe or Tribal
            organization include in a Tribal CSE plan?
§310.120 What intergovernmental procedures must a Tribe or Tribal organization include in a
            Tribal CSE plan?

Subpart D151Tribal CSE Program Funding
(Preamble discussion: pages 50822 150 50829 in the preamble to the NPRM. Interim final regulation: pages 50796 150 50798.)
§310.125 On what basis is Federal funding in Tribal CSE programs determined?
§310.130 How will Tribal CSE programs be funded?
§310.135 How long do Tribes and Tribal organizations have to obligate and spend CSE grant
funds?
§310.140 What are the financial reporting requirements?
§310.145 What costs are allowable charges to Tribal CSE programs carried out under
§310.65(a) of this part?
§310.150 [Reserved]
§310.155 What uses of Tribal CSE program funds are not allowable?

Subpart E151Accountability and Monitoring
(Preamble discussion: pages 50829 150 50830 in the preamble to the NPRM. Interim final regulation: page 50798.)
§310.160 How will OCSE determine if Tribal CSE program funds are appropriately expended?
§310.165 What recourse does a Tribe or Tribal organization have to dispute a determination to
disallow Tribal CSE program expenditures?

Subpart F151Statistical and Narrative Reporting Requirements
(Preamble discussion: page 50830 in the preamble to the NPRM. Interim final regulation: pages 50798 150 50799.)
§310.170 What statistical and narrative reporting requirements apply to Tribal CSE programs?
§310.175 When are statistical and narrative reports due?

Subpart G151Interim Funding of Operational Tribal CSE Programs
(Preamble discussion: pages 50789 150 50790. Interim final regulation: pages 50799.)
§310.180 Who is eligible to apply to receive interim funding under this part?
§310.185 What is the application and approval process for Tribes and Tribal organizations with
operational Tribal CSE programs applying for interim funding?
§310.190 What requirements apply to programs operated with interim funding?

ATTACHMENTS:

Notice of proposed rulemaking and interim final rule for Tribal CSE programs, published August 21, 2000, in the Federal Register

COMMENTS: Consideration will be given to written comments received by December 19, 2000. Address comments to: Office of Child Support Enforcement, Administration for Children and Families, Department of Health and Human Services, 370 L146Enfant Promenade, SW, Washington, DC 20447, Attention: Director, Division of Policy. Written comments also may be transmitted electronically or by fax as explained in the preamble to the NPRM. Comments also will be accepted at consultations to be held by OCSE during the comment period. The locations, dates, and times of these consultations will be announced in a separate notice in the Federal Register, which will be mailed to Tribes, States, and interested parties.

Comments should be specific, address issues raised by the proposed rule and/or interim final rule, propose alternatives where appropriate, explain reasons for any objections or recommended changes, and reference the specific section of the regulations that is being addressed.

INQUIRIES: ACF Regional Administrators

David Gray Ross
Commissioner
Office of Child Support Enforcement

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