Revision to Tribal Direct Funding Request: 45 CFR 309 Plan

ACTION TRANSMITTAL

ACF-OCSS-AT-24-09

DATE: September 10, 2024

TO:  Tribal IV-D Agencies

SUBJECT: Revision to Tribal Direct Funding Request: 45 CFR 309 Plan

Background

To receive funding under 45 CFR part 309 , tribes and tribal organizations must submit a plan describing how it meets or plans to meet the objectives of section 455(f) of the Social Security Act, including establishing paternity; establishing, modifying, and enforcing support orders; and locating noncustodial parents. OCSS sought a revision to the previously approved three-year extension of the Direct Funding Request. 

To comply with the requirements of Section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, the Administration for Children and Families solicited public comment, Federal Register Volume 89, Number 39, page 14504  (PDF). The proposed revision includes not permitting charging fees and recovering costs. This is due to the Elimination of the Tribal Non-Federal Share Requirement notice published on April 21, 2023 (see 88 FR 24526 ).

Approval

The Office of Management and Budget (OMB) has approved changes to the Tribal Child Support Direct Funding Request (OMB Number 0970-0218, expiration April 30, 2027). The changes state that tribes no longer can charge fees or recover costs. 

Prior to the Final Rule: Elimination of the Non-Federal Share Requirement, published in the Federal Register on February 12, 2024 (see 89 FR 9784 ), tribes were permitted to charge fees and recover costs under 45 CFR 309.75(e). The Final Rule eliminating the non-federal share removed the authority to charge fees and recover costs. Therefore, the Office of Child Support Services (OCSS) requested the removal of this ability from the tribal plans. OMB approved this request on April 2, 2024. 

ACTION REQUIRED: Tribes who currently collect fees or recover costs must submit a plan amendment to OCSS by September 25, 2025, removing this language from their tribal codes, laws, policies, and procedures. 

REFERENCES: 45 CFR Part 309, 45 CFR 309.75(e)

SUPERSEDES: N/A

EFFECTIVE DATE: 10/1/2024

INQUIRIES: Division of Regional Operations at ocss.tribal@acf.hhs.gov 

Tanguler Gray
Commissioner
Office of Child Support Services