[Federal Register Volume 65, Number 162 (Monday, August 21, 2000)]
[Rules and Regulations]
[Pages 50786-50799]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-20797]



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Part III





Department of Health and Human Services





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Office of Child Support Enforcement



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45 CFR Part 310



Comprehensive Tribal Child Support Enforcement Programs; Interim Final 
Rule

45 CFR Part 309



Tribal Child Support Enforcement Programs; Proposed Rule

  Federal Register / Vol. 65, No. 162 / Monday, August 21, 2000 / Rules 
and Regulations  

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Office of Child Support Enforcement

45 CFR Part 310

RIN 0970-AB73


Comprehensive Tribal Child Support Enforcement Programs

AGENCY: Office of Child Support Enforcement (OCSE), Administration for 
Children and Families, HHS.

ACTION: Interim final rule.

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SUMMARY: The Administration for Children and Families (ACF) is issuing 
this interim final rule to implement direct 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 (Pub. L. 104-193), and amended 
by section 5546 of the Balanced Budget Act of 1997 (Pub. L. 105-33). 
Section 455(f) of the Act authorizes direct funding of Tribal Child 
Support Enforcement (CSE) programs meeting requirements contained in 
the statute and established by the Secretary by regulation. This 
interim final rule enables Tribes and Tribal organizations currently 
operating a comprehensive Tribal CSE program directly or through 
agreement, resolution, or contract, to apply for and receive direct 
Tribal CSE funding. This interim final rule addresses the requirements 
in section 455(f) and provides guidance to these Tribes and Tribal 
organizations on how to apply for and, upon approval, receive direct 
funding for the operation of Tribal CSE programs.
    A separate notice of proposed rulemaking (NPRM) for a wider range 
of Tribal CSE programs is published concurrently with this interim 
final rule, in this Federal Register.

DATES: Effective date: This interim final rule is effective on August 
21, 2000.
    Comment dates: Consideration will be given to written comments 
received by December 19, 2000, and to comments made for the record at 
public consultations to be held by OCSE during the 120-day comment 
period. See the NPRM for Tribal CSE Programs in this Federal Register 
for additional information on submission of comments and on the public 
consultations.

ADDRESSES: Written comments should be submitted to the Office of Child 
Support Enforcement, Administration for Children and Families, 
Department of Health and Human Services, 370 L'Enfant Promenade, SW, 
Washington, DC 20447, Attention: Director, Division of Policy and 
Planning, Mail Stop: OCSE/DPP. Written comments also may be submitted 
at the OCSE public consultations to be held during the comment period.
    You may also transmit written comments electronically via the 
Internet. To transmit comments electronically, or download an 
electronic version of the rule, you should access the Administration 
for Children and Families Welfare Reform home page at ``http://
www.acf.dhhs.gov/hypernews/'' and follow any instructions provided. You 
may also submit comments by telefaxing to (202) 401-3444. This is not a 
toll-free number.
    Comments will be available for public inspection Monday through 
Friday, 8:30 a.m. to 5:00 p.m., on the 4th floor of the Department's 
offices at 370 L'Enfant Promenade, SW, Washington, DC 20447.

FOR FURTHER INFORMATION CONTACT: Tribal Child Support Enforcement 
Program, (202) 205-4554, or OCSE Division of Policy and Planning, (202) 
401-9386.
    Deaf and hearing-impaired individuals may call the Federal Dual 
Party Relay Service at 1-800-877-8339 from Monday through Friday 
between the hours of 8:00 a.m. and 7:00 p.m., Eastern Time.

SUPPLEMENTARY INFORMATION:

Statutory Authority

    This interim final rule implements section 455(f) of the Social 
Security Act (the Act), as added by the Personal Responsibility and 
Work Opportunity Reconciliation Act (PRWORA; Pub. L. 104-193) and 
amended by section 5546 of the Balanced Budget Act of 1997 (Pub. L. 
105-33).
    This interim final rule is also issued under the authority granted 
to the Secretary of Health and Human Services (Secretary) by section 
1102 of the Act, 42 U.S.C. 1302. Section 1102 of the Act authorizes the 
Secretary to publish regulations that may be necessary for the 
efficient administration of the functions for which the Secretary is 
responsible under the Act.
    Section 455(f) of the Act, as amended by Public Law 105-33, reads 
as follows: ``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.''

Interim Final Regulations for Operational Tribal CSE Programs

    The Administrative Procedure Act (APA) requires an agency to 
publish notice of a proposed substantive rule in the Federal Register 
and to provide an opportunity for public comment. Section 553(b)(B) of 
the APA allows an exception to the notice and comment procedures ``when 
the agency for good cause finds (and incorporates the finding and a 
brief statement of reasons therefor in the rules issued) that notice 
and public procedure thereon are impracticable, unnecessary, or 
contrary to the public interest.'' Section 553(d) of the APA provides 
that a substantive rule be published in the Federal Register ``not less 
than 30 days before its effective date,'' but permits an exception 
``for good cause.''
    Under section 455(f) of the Act, the Department of Health and Human 
Services must issue regulations governing Tribal CSE programs before it 
can make a direct grant to a Tribe or Tribal organization that 
``demonstrates to the satisfaction of the Secretary that it has the 
capacity to operate a child support enforcement program * * *.'' The 
rulemaking process, including consultation prior to our drafting these 
regulations and opportunity for public comment on these rules, is 
ordinarily a lengthy process. A number of Tribes expressed concern that 
efforts they have under way, including demonstration projects funded 
under other Federal authorities, would be unduly delayed or disrupted 
if the regulatory process had to run its ordinary course before funds 
could be made available under section 455(f).
    In response to this concern, and in an effort to ensure that Tribes 
can begin to provide services as quickly as possible, we are issuing 
concurrently a proposed rule which will become effective under the 
ordinary notice and comment rulemaking procedures, and this interim 
final rule which takes effect immediately upon publication, but which 
may be modified in response to public comment. The interim final rule 
allows those Tribes and Tribal organizations that currently operate 
comprehensive Tribal CSE programs comprising the five mandatory 
elements listed in section 455(f) of the Act (paternity establishment, 
support order establishment, modification, and enforcement, and 
location of absent

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parents) and meeting the requirements specified in the interim rule to 
receive (subsequent to application and approval) direct funding for a 
Tribal CSE program under section 455(f) prior to the conclusion of the 
ordinary rulemaking process. By operating a comprehensive program, we 
mean that a Tribal CSE agency is operating a comprehensive Tribal CSE 
program under a cooperative agreement with a State IV-D program or that 
the Tribal CSE agency is operating its own comprehensive Tribal CSE 
program. A Tribe or Tribal organization could be considered to be 
operating a comprehensive program even if other organizations or States 
conducted some portions of the program under contracts or agreements 
with the Tribal CSE agency.
    The Department finds that there is good cause to dispense with an 
NPRM with respect to direct funding of Tribes and Tribal organizations 
that currently operate a comprehensive child support enforcement 
program. We find that publication of regulations in proposed form would 
be impracticable, unnecessary, and contrary to the public interest for 
the following reasons. First, the Department has concluded that a Tribe 
or Tribal organization which already operates a comprehensive child 
support program obviously ``has the capacity'' to do so and therefore 
would be eligible for direct funding under any conceivable regulatory 
definition of the term ``has the capacity.'' Since such Tribes or 
Tribal organizations, after approval by the Secretary, would assuredly 
be eligible for funding under the final rule, the Department has 
concluded that it is in the best interests of the child support program 
and Tribal children and families to allow such Tribes or Tribal 
organizations to apply immediately for direct funding. This will allow 
these Tribes and Tribal organizations to continue to operate and, as 
appropriate, to expand their programs as quickly as possible and to 
provide uninterrupted service to their constituents. We believe that 
the families and children may be harmed without immediate funding for 
currently operating child support enforcement programs. Second, the 
criteria Tribes and Tribal organizations must meet to qualify for funds 
under the interim final regulations are derived from title IV-D of the 
Act and many of them are the same or similar to criteria already 
applicable to IV-D programs.
    For these reasons, the agency believes that there is good cause to 
find that providing notice and comment in connection with immediate 
direct funding of Tribes and Tribal organizations that currently 
operate a comprehensive child support enforcement program is 
impracticable, unnecessary, and contrary to the public interest. With 
respect to the immediate effective date of this interim final rule, the 
Department finds that good cause exists to waive the 30-day post-
promulgation period ordinarily required since: (1) A 30-day waiting 
period would unnecessarily delay applications for direct funding from 
Tribal entities that already operate comprehensive child support 
enforcement programs, (2) provision of child support enforcement 
currently being provided by Tribes and Tribal organizations may be 
interrupted by delays in the effective date for this interim final 
rule, which would adversely affect needy families, and (3) the 
Department will provide widespread notice to affected parties that 
already operate child support enforcement programs.
    While this interim final rule makes certain Tribes and Tribal 
organizations immediately eligible for direct funding upon approval of 
their applications by the Secretary, the proposed rule, upon 
publication in final form, would apply to a wider range of Tribes and 
Tribal organizations. However, because the requirements in the proposed 
rule are subject to revision in response to public comment, the 
Department concluded that it would not be in the best interest of the 
program nor Tribes to allow any Tribe or Tribal organization to apply 
which might later be made ineligible for direct funding due to changes 
in the regulation.
    There is some risk for a Tribe that elects to apply to receive 
direct funding under this interim rule. Its CSE program will be 
governed initially by the provisions of the interim rule. The risk to a 
Tribe that operates under the interim rule is that the rule may change, 
and the Tribe will have to change its program to comport with the final 
rule. The Tribe would not be at financial risk as long as its program 
was consistent with the interim rule and it changed its program to 
comply with the final rule in a timely manner.

Paperwork Reduction Act of 1995

    Under the Paperwork Reduction Act of 1995 (Pub. L. 104-13), all 
Departments are required to submit to the Office of Management and 
Budget (OMB) for review and approval any reporting or recordkeeping 
requirements inherent in a proposed or final rule. For discussion of 
the reporting and recordkeeping requirements in the Tribal CSE Program 
regulations, see the preamble to the NPRM for Tribal CSE Programs 
published in this Federal Register. These requirements are the same in 
the NPRM and this interim rule. Interested parties may comment to OMB 
on these requirements as explained in the NPRM's preamble. The 
Department has submitted these reporting requirements to OMB for its 
review.
    The potential respondents to these information collection 
requirements under this interim final rule are approximately 10 Tribes 
and Tribal organizations during Year 1. We expect that the final rule 
for Tribal CSE programs will be published by the end of Year 1.

Regulatory Flexibility Analysis

    The Secretary certifies, under 5 U.S.C. 605(b), the Regulatory 
Flexibility Act (Pub. L. 96-354), that these regulations will not 
result in a significant impact on a substantial number of small 
entities because the primary impact of these regulations is on Tribal 
governments. Tribal governments are not considered small entities under 
the Act.

Executive Order 12866

    Executive Order 12866 requires that regulations be drafted to 
ensure that they are consistent with the priorities and principles set 
forth in the Executive Order. The Department has determined that this 
interim final rule is consistent with these priorities and principles. 
The regulations are required by PRWORA and govern direct funding to 
Tribal CSE agencies that demonstrate the capacity to operate a CSE 
program, including establishment of paternity, establishment, 
modification, and enforcement of support orders, and location of 
noncustodial parents.
    The Executive Order encourages agencies, as appropriate, to provide 
the public with meaningful participation in the regulatory process. As 
described in the preamble to the NPRM for Tribal CSE Programs in this 
Federal Register, ACF consulted with Tribes and Tribal organizations 
and their representatives to obtain their views prior to the 
publication of these regulations.

Unfunded Mandates

    Section 202 of the Unfunded Mandates Reform Act of 1995, Public Law 
104-4 (Unfunded Mandates Act), requires that a covered agency prepare a 
budgetary impact statement before promulgating a rule that includes a 
Federal mandate that may result in the expenditure by State, local, and 
Tribal governments, in the aggregate, or by the private sector, of $100 
million or more in any one year. If a covered agency must prepare a 
budgetary impact statement, section 205 further requires that it select 
the most cost-effective and

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least burdensome alternative that achieves the objectives of the rule 
and is consistent with the statutory requirements. In addition, section 
203 requires a plan for informing and advising any small government 
that may be significantly or uniquely impacted by the rule.
    We have determined that this rule is not an economically 
significant rule and will not result in the expenditure by State, 
local, and Tribal governments, in the aggregate, or by the private 
sector, of more than $100 million in any one year. The following are 
estimated annual expenditures under the Tribal CSE Program under this 
interim final rule: FY 2000--$0; and FY 2001--$4.3 million. 
Accordingly, we have not prepared a budgetary impact statement, 
specifically addressed the regulatory alternatives considered, or 
prepared a plan for informing and advising any significantly or 
uniquely impacted small government.

Congressional Review

    This interim final rule is not a major rule as defined in 5 U.S.C., 
Chapter 8. It is effective upon publication.

Assessment of Federal Regulations and Policies on Families

    Section 654 of the Treasury and General Government Appropriations 
Act of 1999 requires Federal agencies to determine whether a proposed 
policy or regulation may affect family well-being. If the agency's 
conclusion is affirmative, then the agency must prepare an impact 
assessment addressing criteria specified in the law. We have determined 
that this interim final rule may affect family well-being as defined in 
section 654 of the law and certify that we have made the required 
impact assessment. The purpose of the Tribal Child Support Enforcement 
Program is to strengthen the economic and social stability of families. 
This rule gives flexibility to Tribes and Tribal organizations to 
design programs that serve this purpose. The rule will have a positive 
effect on family well-being. Implementation of Tribal CSE programs will 
result in increased child support enforcement services, including 
increased child support payments, for Tribal service populations. By 
helping to ensure that parents support their children, the rule will 
strengthen personal responsibility and increase disposable family 
income.

Executive Order 13132

    Executive Order 13132 on Federalism applies to policies that have 
federalism implications, defined as ``regulations, legislative comments 
or proposed legislation, and other policy statements or actions that 
have substantial direct effects on the States, on the relationship 
between the national government and the States, or on the distributions 
of power and responsibilities among the various levels of government.'' 
This rule does not have federalism implications for State or local 
governments as defined in the Executive Order.

Background

    The Child Support Enforcement Program was established in 1975 under 
title IV-D of the Social Security Act as a joint Federal/State 
partnership. The goal of the Child Support Enforcement Program (also 
known as the title IV-D program) is to ensure that both parents 
financially support their children. The IV-D program locates 
noncustodial parents, establishes paternity, establishes and enforces 
support orders, and collects child support payments from parents who 
are legally obligated to pay.
    For the first time in the history of the program, the Personal 
Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) 
provided authority under title IV-D of the Act for direct funding of 
Tribes and Tribal organizations for operating child support enforcement 
programs. Section 455(f) of the Act provides, ``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 Department of Health and Human Services (HHS) 
recognizes the unique relationship between the Federal Government and 
Federally recognized Indian Tribes and reflects this special 
government-to-government relationship in the implementation of the 
Tribal provisions of PRWORA. The direct Federal funding provisions 
provide Tribes with an opportunity to design their own child support 
programs to meet the needs of the Tribes' children and their families.
    Title IV-D gives the Secretary broad and exclusive authority to 
establish duties and responsibilities of Tribes and Tribal 
organizations in the operation of Tribal CSE programs and which meet 
the objectives of title IV-D. We believe that all IV-D programs must 
have in common a minimum set of fundamental characteristics to ensure 
that the objectives of title IV-D are implemented. This interim final 
rule for comprehensive Tribal CSE programs sets forth requirements that 
must be met in order for Tribes and Tribal organizations to receive 
direct funding under section 455(f) of the Act for such IV-D programs.
    If a Tribal entity chooses not to undertake responsibility for 
operation of a IV-D program, section 454(33) of the Act provides that 
State IV-D agencies may negotiate cooperative agreements with a Tribe 
to ensure Tribal children and families receive much-needed support 
services. Under section 454(33) cooperative agreements, the funding 
relationship is between the State and the Federal government.
    See the preamble to the NPRM for Tribal CSE programs in this 
Federal Register for additional background information.

Consultation Process

    See the preamble to the NPRM for Tribal CSE programs in this 
Federal Register for information on the consultations held by OCSE to 
obtain Tribal input prior to publishing regulations for Tribal CSE 
programs.

Scope of Rulemaking

    This interim final rule focuses on the explicit requirement in 
section 455(f) of the Act which allows the Secretary to make direct 
payments to Tribes and Tribal organizations that demonstrate the 
capacity to operate a CSE program which meets the objectives of title 
IV-D of the Act, including establishment of paternity, establishment, 
modification, and enforcement of support orders, and location of absent 
parents.
    We are amending the Federal child support regulations by adding a 
new part 310, Comprehensive Tribal Child Support Enforcement (CSE) 
Programs, to title 45 of the Code of Federal Regulations. Part 310 
contains requirements under which Tribes and Tribal organizations that 
currently operate comprehensive child support enforcement programs may 
apply for direct Tribal CSE funding and, upon approval of their 
applications, receive Federal funding and administer Tribal CSE 
programs under section 455(f). 45 CFR part 310 is effective upon 
publication of this interim final rule.
    In the separate notice of proposed rulemaking published 
concurrently with this interim final rule, we propose to add a new part 
309, Tribal Child Support Enforcement (CSE) Program, to the Federal 
child support regulations. The NPRM proposes for public

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comment essentially the same set of requirements as are in subparts A 
through F of this interim rule, with the following exception. The NPRM 
includes proposed provisions both for Tribes and Tribal organizations 
that already are able to operate full, comprehensive CSE programs, and 
for Tribes and Tribal organizations that do not already operate 
comprehensive CSE programs and need program development funding for 
start-up CSE programs. Because this interim final rule applies only to 
Tribes and Tribal organizations that already operate comprehensive CSE 
programs, it does not include provisions for program development 
funding and start-up CSE programs.
    Subpart G of this interim final rule contains additional specific 
requirements for interim funding of operational Tribal CSE programs.
    We will develop final rules for Tribal CSE programs based on 
comments on the NPRM and interim rule. The final rules will apply to 
all Tribal CSE programs. We expect the final rules to be codified at 45 
CFR part 309. After the final rules for Tribal CSE programs become 
effective, 45 CFR part 310 (the interim final rule) will be deleted 
from the Federal child support regulations.

Discussion of Regulatory Provisions

    This interim final rule contains the following subparts:
     Subpart A--Tribal CSE Program: General Provisions;
     Subpart B--Tribal CSE Program Application Procedures;
     Subpart C--Tribal CSE Plan Requirements;
     Subpart D--Tribal CSE Program Funding;
     Subpart E--Accountability and Monitoring;
     Subpart F--Statistical and Narrative Reporting 
Requirements; and
     Subpart G--Interim Funding of Operational Tribal CSE 
Programs.
    As noted, the provisions in subparts A through F are essentially 
the same in the NPRM and in this interim rule, except that the interim 
rule does not include the provisions relating to program development 
start-up funding.
    For detailed discussion of subparts A through F, see the discussion 
of these subparts in the preamble to the NPRM. Keep in mind that the 
NPRM is proposed part 309, and this interim rule is part 310. 
Therefore, each regulatory provision has the same section and paragraph 
number in the NPRM and in the interim rule, but the part number is 
different. For example, the first section in both the NPRM and the 
interim rule (Sec. ______.01--What does this part cover?) is 
Sec. 309.01 in the NPRM and Sec. 310.01 in the interim rule.
    Program development start-up provisions are found in the NPRM in 
Secs. 309.15(b)(2), 309.25(d), 309.65(b), 309.65(c), and 309.150. In 
this interim rule, Secs. 310.15(b)(2), 310.25(d), 310.65(b), 310.65(c), 
and 310.150 are designated ``Reserved'' and left blank in order to keep 
the numbering consistent in both regulations.
    Discussion of subpart G of this interim final rule follows.

Subpart G--Interim Funding of Operational Tribal CSE Programs

Who is eligible to apply to receive interim funding under this part? 
(section 310.180)

    A Tribe or Tribal organization currently satisfying the 
requirements in this part (part 310), and currently operating a 
comprehensive Tribal CSE program that includes the five mandatory 
elements in section 455(f) of the Act (establishment of paternity, 
establishment, modification, and enforcement of support orders, and 
location of absent parents) may apply for and upon approval, receive 
direct funding upon publication of this part.
    During consultation a number of Tribes expressed concern that 
efforts they have under way, including demonstration projects funded 
under other Federal authorities, would be unduly delayed or disrupted 
if the full regulatory process had to run its course before any funds 
could be made available under section 455(f) of the Act. Therefore, 
Tribes and Tribal organizations currently operating a comprehensive 
Tribal CSE program and meeting the requirements of this part are 
eligible to apply to receive interim funding.

What is the application and approval process for Tribes and Tribal 
organizations with operational Tribal CSE programs applying for interim 
funding? (section 310.185)

    In paragraph (a), a Tribe or Tribal organization with an 
operational comprehensive Tribal CSE program must meet the requirements 
under this part and demonstrate that the operational comprehensive 
program exists, through submittal of:
    (1) A cooperative agreement with a State IV-D agency under section 
454(33) of the Act that demonstrates that the Tribe or Tribal 
organization currently operates a comprehensive Tribal CSE program 
including establishment of paternity, establishment, modification, and 
enforcement of support orders, and location of absent parents, and 
meeting the requirements of section 455(f) of the Act and this part; or
    (2) Evidence that demonstrates that the Tribe or Tribal 
organization currently operates a comprehensive Tribal CSE program 
including establishment of paternity, establishment, modification, and 
enforcement of support orders, and location of absent parents, and 
meeting the requirements of section 455(f) of the Act and this part, 
directly or through agreement, contract, or resolution with another 
entity. Evidence includes copies of Tribal CSE codes, program 
procedures, agreements or contracts, and program statistics.
    A Tribal CSE agency currently operating a comprehensive Tribal CSE 
program will use the application procedures outlined in Subpart B--
Tribal CSE Program Application Procedures, and, in addition, will 
submit documentation of the comprehensive Tribal CSE program as 
required by this section.
    We are requesting evidence of the operational comprehensive program 
in one of two ways. A Tribe or Tribal organization may be operating a 
comprehensive Tribal CSE program through a cooperative agreement with a 
State IV-D agency under section 454(33) of the Act. If the Tribe or 
Tribal organization is operating a comprehensive Tribal CSE program 
through a cooperative agreement with a State IV-D agency in accordance 
with section 454(33) of the Act and OCSE AT-98-21, and including the 
five mandatory statutory elements, this is a clear indication that the 
Tribe or Tribal organization is providing services in a manner that 
will meet the requirements of the regulations. In addition, we 
recognize that there may be Tribes and Tribal organizations that are 
operating a comprehensive Tribal CSE program without any involvement or 
agreement with the State IV-D agency. If this is the case, the Tribe or 
Tribal organization must submit proof that the operational program 
includes the five mandatory statutory elements and meets the 
requirements of section 455(f) of the Act and this part. Evidence 
includes copies of Tribal CSE codes, program procedures, agreements or 
contracts, and program statistics. The application submitted in 
accordance with requirements of this part, plus the supporting evidence 
must provide enough detail and justification for the Secretary or 
designee to make a determination that the Tribe's CSE program meets or 
fails to meet necessary requirements.
    As noted earlier in this preamble, a Tribe or Tribal organization 
could be

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considered to be operating a comprehensive Tribal CSE program even if 
other entities--such as a State or another Tribe--conduct some portions 
of the program under agreement or contract with the Tribe or Tribal 
organization.
    Under paragraph (b), the Secretary or designee will determine 
whether the Tribe or Tribal organization meets the requirements for 
interim funding, using the process described in this regulation. This 
is consistent with Subpart B--Tribal CSE Program Application 
Procedures, Sec. 310.35, which provides that the Secretary or designee 
must approve or disapprove Tribal CSE program applications. We will 
review applications for interim funding to determine whether the 
application, and the applicant's operational CSE program, meet the 
requirements specified in this regulation. If an application is 
incomplete, we will tell the applicant the information we need in order 
to complete our review.

What requirements apply to programs operated with interim funding? 
(section 310.190)

    Tribes and Tribal organizations that receive interim funding under 
part 310 must meet all requirements under this part.
    Tribes and Tribal organizations operating Tribal CSE programs under 
this interim rule (codified at 45 CFR part 310) must comply with the 
requirements of the final rule (to be codified at 45 CFR part 309) upon 
its publication or after an appropriate phase-in period.
    As outlined earlier, there is some risk for a Tribe or Tribal 
organization that elects to receive direct funding under this interim 
rule. The risk to a Tribe or Tribal organization that begins its 
program before the final rule is published is that the rules may change 
and the Tribe or Tribal organization will have to change its program. A 
Tribe or Tribal organization will not be at financial risk as long as 
its program was consistent with the interim final rule and the Tribe or 
Tribal organization changes its program in a timely manner to comply 
with the final rule.
    We recognize that there may be a period of adjustment necessary for 
Tribes and Tribal organizations operating under the interim final rule 
to comply with the final rule. Because we cannot anticipate the nature 
of the comments or the changes that will be made to the final rule, we 
are not proposing a specific phase-in period for compliance with the 
final rule. For Tribes and Tribal organizations operating under the 
interim final rule, we are specifically soliciting comments on an 
appropriate phase-in period for compliance with the final rule.

List of Subjects in 45 CFR Part 309

    Child support, grant program--social programs, Indians, Native 
Americans, Tribal Child Support Enforcement programs.

    Dated: July 18, 2000.
Olivia A. Golden,
Assistant Secretary for Children and Families.
    Approved: July 18, 2000.
Donna E. Shalala,
Secretary, Department of Health and Human Services.

    For the reasons discussed in the preamble, title 45 chapter III of 
the Code of Federal Regulations is amended by adding new part 310 to 
read as follows:

PART 310--COMPREHENSIVE TRIBAL CHILD SUPPORT ENFORCEMENT (CSE) 
PROGRAMS

Subpart A--Tribal CSE Program: General Provisions
Sec.
310.1   What does this part cover?
310.5   What definitions apply to this part?
310.10   Who is eligible to apply for Federal funding to operate a 
Tribal CSE program?
Subpart B--Tribal CSE Program Application Procedures
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 C--Tribal CSE Plan Requirements
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 D--Tribal CSE Program Funding
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 Sec. 310.65(a) of this part?
310.150   [Reserved]
310.155   What uses of Tribal CSE program funds are not allowable?
Subpart E--Accountability and Monitoring
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 F--Statistical and Narrative Reporting Requirements
310.170   What statistical and narrative reporting requirements 
apply to Tribal CSE programs?
310.175   When are statistical and narrative reports due?
Subpart G--Interim Funding of Operational Tribal CSE Programs
310.180   Who is eligible to apply to receive interim funding under 
this part?

[[Page 50791]]

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?

    Authority: 42 U.S.C. 655(f), 1302.

Subpart A--Tribal CSE Program: General Provisions


Sec. 310.1  What does this part cover?

    (a) The regulations in this part prescribe the rules for 
implementing section 455(f) of the Social Security Act through interim 
funding for Indian Tribes and Tribal organizations that currently 
operate comprehensive Tribal child support enforcement programs. 
Section 455(f) authorizes direct grants to Indian Tribes and Tribal 
organizations to operate CSE programs.
    (b) These regulations establish the requirements that must be met 
by Indian Tribes and Tribal organizations currently operating 
comprehensive Tribal CSE programs to be eligible for grants under 
section 455(f). They establish requirements for: Tribal CSE plan and 
application content, submission, approval, and amendment; program 
funding; program operation; uses of funds; accountability; reporting; 
interim funding; and other program requirements and procedures.


Sec. 310.5  What definitions apply to this part?

    The following definitions apply to this part:
    ACF means the Administration for Children and Families, Department 
of Health and Human Services.
    Act means the Social Security Act, unless otherwise specified.
    Assistant Secretary means the Assistant Secretary for Children and 
Families, Department of Health and Human Services.
    Central office means the central office of the Office of Child 
Support Enforcement.
    CSE services are the services that are required for establishment 
of paternity, establishment, modification, and enforcement of support 
orders, and location of noncustodial parents as required in title IV-D 
of the Act, this rule, and the Tribal CSE plan. In some situations, the 
appropriate service may be for a Tribe or Tribal organization to refer 
an applicant for CSE services to another Tribal CSE agency or a State 
IV-D agency.
    Child support order and child support obligation mean a judgment, 
decree, or order, whether temporary, final or subject to modification, 
issued by a court or an administrative agency of competent 
jurisdiction, for the support and maintenance of a child, including a 
child who has attained the age of majority under the law of the issuing 
jurisdiction, or of the parent with whom the child is living, which 
provides for monetary support, health care, arrearages, or 
reimbursement, and which may include related costs and fees, interest 
and penalties, income withholding, attorneys' fees, and other relief.
    The Department means the Department of Health and Human Services.
    Indian means a person who is a member of an Indian Tribe.
    Indian Tribe and Tribe mean any Indian or Alaska Native Tribe, 
band, nation, pueblo, village, or community that the Secretary of the 
Interior acknowledges to exist as an Indian Tribe and includes in the 
list of Federally recognized Indian Tribal governments as published in 
the Federal Register pursuant to 25 U.S.C. 479a-1.
    Location means information concerning the physical whereabouts of 
the noncustodial parent, or the noncustodial parent's employer(s), and 
other sources of income or assets, as appropriate, which is sufficient 
and necessary to take the next appropriate action in a case.
    Regional office refers to one of the regional offices of the 
Administration for Children and Families.
    Secretary means the Secretary of the Department of Health and Human 
Services.
    Title IV-D refers to the title of the Social Security Act that 
authorizes the Child Support Enforcement Program, including the Tribal 
Child Support Enforcement Program.
    Tribal CSE agency means the organizational unit in the Tribe or 
Tribal organization that has the delegated authority for administering 
or supervising the Tribal CSE program under section 455(f) of the Act.
    Tribal organization means the recognized governing body of any 
Indian Tribe as defined in this part; any legally established 
organization of Indians which is controlled, sanctioned, or chartered 
by such governing body or which is democratically elected by the adult 
members of the Indian community to be served by such organization and 
which includes the maximum participation of Indians in all phases of 
its activities: Provided, That in any case where a contract is let or 
grant made to an organization to perform services benefitting one or 
more Indian Tribes, the approval of each such Indian Tribe shall be a 
prerequisite to the letting or making of such contract or grant.


Sec. 310.10  Who is eligible to apply for Federal funding to operate a 
Tribal CSE program?

    The following are eligible to apply to receive Federal funding to 
operate a Tribal CSE program meeting the requirements of this part:
    (a) An Indian Tribe meeting the requirements of Sec. 310.180 of 
this part, with at least 100 children under the age of majority as 
defined by Tribal law or code, in the population subject to the 
jurisdiction of the Tribal court or administrative agency.
    (b) A Tribal organization meeting the requirements of Sec. 310.180 
of this part, that demonstrates the authorization of one or more Indian 
Tribes to operate a Tribal CSE program on their behalf, with a total of 
at least 100 children under the age of majority as defined by Tribal 
law or code, in the population of the Tribe(s) that is subject to the 
jurisdiction of the Tribal court (or courts) or administrative agency 
(or agencies).

Subpart B--Tribal CSE Program Application Procedures


Sec. 310.15  What is a Tribal CSE program application?

    (a) Initial application. The initial application must include:
    (1) Standard application forms SF 424, Application for Federal 
Assistance, and SF 424A, Budget Information--Non-Construction Programs; 
and
    (2) A Tribal CSE plan--a comprehensive statement meeting the 
requirements of subpart C of this part that describes the capacity of 
the Tribe or Tribal organization to operate a CSE program meeting the 
objectives of title IV-D of the Act, including establishment of 
paternity, establishment, modification, and enforcement of support 
orders, and location of noncustodial parents.
    (b) Annual refunding applications. (1) Annual refunding 
applications must include standard application forms SF 424, 
Application for Federal Assistance, and SF 424A, Budget Information--
Non-Construction Programs. As appropriate, annual refunding 
applications also may include amendment(s) to the Tribal CSE plan.
    (2) [Reserved]
    (c) Additional application requirement for Tribal organizations. 
The application of a Tribal organization must adequately demonstrate 
that each participating Tribe authorizes the Tribal organization to 
operate a Tribal CSE program on its behalf.

[[Page 50792]]

Sec. 310.20  Who submits a Tribal CSE program application?

    The authorized representative of the Tribe or Tribal organization 
must sign and submit the Tribal CSE program application.


Sec. 310.25  When must a Tribe or Tribal organization submit a Tribal 
CSE program application?

    (a) The initial application consisting of the Tribal CSE program 
plan that meets the requirements under subpart C of this part, and the 
application and budget information forms (SF 424, Application for 
Federal Assistance, and SF 424A, Budget Information--Non-Construction 
Programs) may be submitted at any time.
    (b) Subsequent refunding applications containing only SF 424, 
Application for Federal Assistance, and SF 424A, Budget Information--
Non-Construction Programs, must be submitted annually at least 60 days 
before the beginning of the next budget period if the Tribe or Tribal 
organization wishes to receive its funding on time.
    (c) If a Tribe or Tribal organization intends to make any 
substantial or material change in any aspect of the Tribal CSE program:
    (1) A Tribal CSE plan amendment must be submitted at the earliest 
reasonable time for approval under Sec. 310.35. The plan amendment must 
describe and, as appropriate, document the changes the Tribe or Tribal 
organization proposes to make to its CSE plan, consistent with the 
requirements under Sec. 310.65.
    (2) Any amendment of an approved Tribal CSE plan may, at the option 
of the Tribe or Tribal organization, be considered as a submission of a 
new Tribal CSE plan. If the Tribe or Tribal organization requests that 
such amendments be so considered, they must be submitted no less than 
90 days before the proposed effective date of the new plan.
    (d) [Reserved]
    (e) The effective date of a plan amendment may not be earlier than 
the first day of the calendar quarter in which an approvable plan is 
submitted.


Sec. 310.30  Where does the Tribe or Tribal organization submit the 
application?

    Applications must be submitted to the central office of the Office 
of Child Support Enforcement, Attention: Tribal Child Support 
Enforcement Program, 370 L'Enfant Promenade, SW, Washington, DC 20447, 
with a copy to the appropriate regional office.


Sec. 310.35  What are the procedures for approval or disapproval of 
Tribal CSE program applications and plan amendment(s)?

    (a) The Secretary of the Department of Health and Human Services or 
designee will determine whether the Tribal CSE program application or 
Tribal CSE plan amendment submitted for approval conforms to the 
requirements of approval under the Act and these regulations not later 
than the 90th day following the date on which the Tribal CSE 
application or Tribal CSE plan amendment is received by the Secretary 
or designee, unless additional information is needed from the Tribe or 
Tribal organization. The Secretary or designee will notify the Tribe or 
Tribal organization if additional time or information is required to 
determine whether the application or plan amendment may be approved.
    (b) The Secretary or designee will approve the application or 
determine that the application will be disapproved within 45 days of 
receipt of any additional information requested from the Tribe or 
Tribal organization.


Sec. 310.40  What is the basis for disapproval of a Tribal CSE program 
application or plan amendment(s)?

    (a) An application or plan amendment will be disapproved if:
    (1) The Secretary or designee determines that the application or 
plan amendment fails to meet one or more of the requirements set forth 
in this part;
    (2) The Secretary or designee determines that the laws, code, 
regulations, and procedures described in the application or plan 
amendment will not achieve the outcomes consistent with the objectives 
of title IV--D including: ensuring access to services; paternity 
establishment; support order establishment; basing child support orders 
on the noncustodial parent's ability to pay; collecting support; making 
timely and accurate payments to families; protecting due process 
rights; and protecting security of data;
    (3) The Secretary or designee determines that the application or 
plan amendment is not complete (after the Tribe or Tribal organization 
has had the opportunity to submit the necessary information); or
    (4) The Secretary or designee determines that the requested funding 
is not reasonable and necessary (after the Tribe or Tribal organization 
has had the opportunity to make appropriate adjustments).
    (b) A written Notice of Disapproval of the Tribal CSE program 
application or plan amendment will be sent to the Tribe or Tribal 
organization upon the determination that any of the conditions of 
Sec. 310.40(a) apply. The Notice of Disapproval will include the 
specific reason(s) for disapproval.


Sec. 310.45  How may a Tribe or Tribal organization request a 
reconsideration of a disapproval action?

    (a) A Tribe or Tribal organization may request reconsideration of 
disapproval of a Tribal CSE application or amendment by filing a 
written Request for Reconsideration to the Secretary or designee within 
60 days of the date of the Notice of Disapproval.
    (b) The Request for Reconsideration must include:
    (1) All documentation that the Tribe or Tribal organization 
believes is relevant and supportive of its application or plan 
amendment; and
    (2) A written response to each ground for disapproval identified in 
the Notice of Disapproval, indicating why the Tribe or Tribal 
organization believes its application or plan amendment conforms to the 
requirements for approval specified at Sec. 310.65 and subpart C of 
this part.
    (c) After receiving a Request for Reconsideration, the Secretary or 
designee will hold a conference call or, at the Department's 
discretion, a meeting with the Tribe or Tribal organization as part of 
the reconsideration, to discuss the reasons for the Department's 
disapproval of the application or plan amendment, and the Tribe or 
Tribal organization's response. Within 30 days after receipt of a 
Request for Reconsideration, the Secretary or designee will notify the 
Tribe or Tribal organization of the date and time the conference call 
or meeting will be held.
    (d) A conference call or meeting under Sec. 310.45(c) shall be held 
not less than 30 days nor more than 60 days after the date the notice 
of such call or meeting is furnished to the Tribe or Tribal 
organization, unless the Tribe or Tribal organization agrees in writing 
to another time.
    (e) The Secretary or designee will make a written determination 
affirming, modifying, or reversing disapproval of a Tribal CSE program 
application or plan amendment within 60 days after the conference call 
or meeting is held. This determination upon reconsideration shall be 
the final decision of the Secretary.
    (f) The Secretary or designee's initial determination that a Tribal 
CSE application or plan amendment is not approvable remains in effect 
pending the reconsideration under this part.

[[Page 50793]]

Sec. 310.50  What are the consequences of disapproval of a Tribal CSE 
program application or plan amendment?

    (a) If an application submitted pursuant to Sec. 310.25 is 
disapproved, the Tribe or Tribal organization can receive no funding 
under section 455(f) of the Act or this part until a new application is 
submitted and approved.
    (b) If a plan amendment is disapproved, there is no funding for the 
activity proposed in the plan amendment.
    (c) A Tribe or Tribal organization whose application or plan 
amendment has been disapproved may reapply at any time, once it has 
remedied the circumstances that led to disapproval of the application 
or amendment.

Subpart C--Tribal CSE Plan Requirements


Sec. 310.55  What does this subpart cover?

    This subpart defines the Tribal CSE plan provisions which are 
required and which demonstrate that a Tribe or Tribal organization has 
the capacity to operate a child support enforcement program meeting the 
objectives of title IV-D of the Act, including establishment of 
paternity, establishment, modification, and enforcement of support 
orders, and location of noncustodial parents.


Sec. 310.60  Who is ultimately responsible for administration of the 
Tribal CSE program under the Tribal CSE plan?

    (a) Under the Tribal CSE plan, the Tribe or Tribal organization 
shall establish or designate an agency to administer the Tribal CSE 
plan. That agency shall be referred to as the Tribal CSE agency.
    (b) The Tribe or Tribal organization is responsible and accountable 
for the operation of the Tribal CSE program. Except where otherwise 
provided in this part, the Tribal CSE agency need not perform all the 
functions of the Tribal CSE program, so long as the Tribe or Tribal 
organization ensures that all approved functions are carried out 
properly, efficiently, and effectively.
    (c) If the Tribe or Tribal organization delegates any of the 
functions of the Tribal CSE program to another Tribe, a State, and/or 
another agency pursuant to a cooperative arrangement, contract, or 
Tribal resolution, the Tribe or Tribal organization is responsible for 
securing compliance with the requirements of the Tribal CSE plan by 
such Tribe, State, or agency. The Tribe or Tribal organization is 
responsible for submitting copies and appending to the Tribal CSE plan 
any agreements, contracts, or Tribal resolutions between the Tribal CSE 
agency and a Tribe, State, or other agency.


Sec. 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?

    (a) A Tribe or Tribal organization demonstrates capacity to operate 
a Tribal CSE program meeting the objectives of title IV-D of the Act by 
submission of a Tribal CSE plan which meets the requirements listed in 
paragraphs (a)(1) through (14) of this section:
    (1) Describes the population subject to the jurisdiction of the 
Tribal court or administrative agency for child support purposes as 
specified under Sec. 310.70;
    (2) Evidence that the Tribe or Tribal organization has in place 
procedures for accepting all applications for CSE services and 
providing appropriate CSE services, including referral to appropriate 
agencies;
    (3) Assurance that the due process rights of the individuals 
involved will be protected in all activities of the Tribal CSE program, 
including establishment of paternity, and establishment, modification, 
and enforcement of support orders;
    (4) Administrative and management procedures as specified under 
Sec. 310.75;
    (5) Safeguarding procedures as specified under Sec. 310.80;
    (6) Assurance that the Tribe or Tribal organization will maintain 
records as specified under Sec. 310.85;
    (7) Copies of all applicable Tribal laws and regulations as 
specified under Sec. 310.90;
    (8) Procedures for the location of noncustodial parents as 
specified under Sec. 310.95;
    (9) Procedures for the establishment of paternity as specified 
under Sec. 310.100;
    (10) Guidelines for the establishment and modification of child 
support obligations as specified under Sec. 310.105;
    (11) Procedures for income withholding as specified under 
Sec. 310.110;
    (12) Procedures for the distribution of child support collections 
as specified under Sec. 310.115;
    (13) Procedures for intergovernmental case processing as specified 
under Sec. 310.120; and
    (14) Reasonable performance targets for paternity establishment, 
support order establishment, amount of current support to be collected, 
and amount of past due support to be collected.
    (b) [Reserved]
    (c) [Reserved]
    (d) No later than two years from the implementation of a Tribal CSE 
program meeting the requirements specified in paragraph (a) of this 
section, or no later than two years after the Secretary or designee 
issues guidance outlining the necessary procedures to comply with 
paragraphs (d)(1) through (5) of this section, whichever is later, a 
Tribal CSE plan must include the following:
    (1) Procedures for requiring employers operating in the 
jurisdiction of the Tribe to report information about newly hired 
employees to the Tribal CSE agency in accordance with instructions 
issued by the Secretary or designee;
    (2) Procedures for requiring employers operating in the 
jurisdiction of the Tribe to report wage information on a quarterly 
basis to the Tribal CSE agency in accordance with instructions issued 
by the Secretary or designee;
    (3) Procedures under which the Tribal CSE agency reports new hire 
and quarterly wage information to the National Directory of New Hires 
in accordance with instructions issued by the Secretary or designee;
    (4) Procedures under which the Tribal CSE agency submits CSE cases 
to the Federal Case Registry in accordance with instructions issued by 
the Secretary or designee; and
    (5) Procedures for submitting CSE cases to the Federal Income Tax 
Refund Offset Program in accordance with instructions issued by the 
Secretary or designee.
    (e) In the CSE plan included in its initial application and in any 
plan amendment submitted as a new plan, a Tribe or Tribal organization 
must certify that, as of the date the plan or plan amendment is 
submitted to the Department, there are at least 100 children under the 
age of majority as defined by Tribal law or code, in the population of 
the Tribe, or of the Tribe(s) authorizing the Tribal organization to 
operate a CSE program on their behalf, that is subject to the 
jurisdiction of the Tribal court (or courts) or administrative agency 
(or agencies).


Sec. 310.70  What provisions governing jurisdiction must a Tribe or 
Tribal organization include in a Tribal CSE plan?

    A Tribe or Tribal organization demonstrates capacity to operate a 
Tribal CSE program meeting the objectives of title IV-D of the Act when 
its Tribal CSE plan includes a description of the population subject to 
the jurisdiction of the Tribal court or administrative agency for child 
support enforcement purposes.


Sec. 310.75  What administrative and management procedures must a Tribe 
or Tribal organization include in a Tribal CSE plan?

    A Tribe or Tribal organization demonstrates capacity to operate a

[[Page 50794]]

Tribal CSE program meeting the objectives of title IV-D of the Act when 
its Tribal CSE plan includes the following minimum administrative and 
management provisions, and the Secretary or designee determines that 
these provisions are adequate to enable the Tribe or Tribal 
organization to operate an effective and efficient Tribal CSE program 
and otherwise comply with Federal requirements:
    (a) A description of the structure of the agency and the 
distribution of responsibilities within the agency.
    (b) Procedures under which applications for Tribal CSE services are 
made available to the public upon request.
    (c) Procedures under which the Tribal CSE agency must promptly open 
a case by establishing a case record and determining necessary action.
    (d) Procedures to control the use of and to account for Federal 
funds and amounts collected on behalf of custodial parents, including 
assurances that the following requirements and criteria to bond 
employees are in effect:
    (1) Procedures under which the Tribal CSE agency will ensure that 
every person who has access to or control over funds collected under 
the Tribal CSE program is covered by a bond against loss resulting from 
employee dishonesty;
    (2) The requirement in paragraph (d) of this section applies to 
every person who, as a regular part of his or her employment, receives, 
disburses, handles, or has access to support collections;
    (3) The requirements of this section do not reduce or limit the 
ultimate liability of the Tribe or Tribal organization for losses of 
support collections from the Tribal CSE agency's program; and
    (4) A Tribe may comply with the requirements of paragraph (d) of 
this section by means of self-bonding established under Tribal law and 
approved by the Secretary or designee.
    (e) Procedures under which notice of the amount of any support 
collected for each month is provided to families receiving services 
under the Tribal CSE plan and to the noncustodial parent upon request. 
Families receiving services must receive such notice on a quarterly 
basis.
    (f) Certification that for each year during which the Tribe or 
Tribal organization receives or expends funds pursuant to section 
455(f) of the Act and this part, it shall comply with the provisions of 
chapter 75 of Title 31 of the United States Code (the Single Audit Act 
of 1984, Public Law 98-502, as amended) and OMB Circular A-133.


Sec. 310.80  What safeguarding procedures must a Tribe or Tribal 
organization include in a Tribal CSE plan?

    A Tribe or Tribal organization demonstrates capacity to operate a 
Tribal CSE program meeting the objectives of title IV-D of the Act when 
its Tribal CSE plan includes safeguarding provisions consistent with 
the following and approved by the Secretary or designee:
    (a) Procedures under which the use or disclosure of information 
concerning applicants or recipients of child support enforcement 
services is limited to purposes directly connected with the 
administration of the Tribal CSE program or with other programs or 
purposes prescribed by the Secretary or designee.
    (b) Procedures consistent with safeguarding provisions in sections 
453 and 454 of the Act and regulations promulgated pursuant to section 
464 of the Act and which conform to any specific rules or instructions 
issued by the Secretary or designee to assure that requests for and 
disclosure and use of information obtained from the Federal Parent 
Locator Service and the Federal Tax Refund Offset Program are limited 
only to individuals and entities authorized under these sections of the 
Act for the purposes authorized under these sections.
    (c) Procedures under which sanctions must be imposed for the 
unauthorized disclosure of information concerning applicants and 
recipients of child support enforcement services as outlined in 
paragraphs (a) and (b) of this section.


Sec. 310.85  What reports and maintenance of records procedures must a 
Tribe or Tribal organization include in a Tribal CSE plan?

    (a) A Tribe or Tribal organization demonstrates capacity to operate 
a Tribal CSE program meeting the objectives of title IV-D of the Act 
when its Tribal CSE plan includes procedures for maintaining records 
necessary for proper and efficient operation of the program, including:
    (1) Applications for support services;
    (2) Records on location of noncustodial parents;
    (3) Records on actions taken to establish paternity and obtain and 
enforce support;
    (4) Records on amounts and sources of support collections and the 
distribution of such collections;
    (5) Records on other costs; and
    (6) Statistical, fiscal, and other records necessary for reporting 
and accountability required by the Secretary or designee.
    (b) The retention and access requirements for these records are 
prescribed at 45 CFR 92.42.


Sec. 310.90  What governing Tribal law or regulations must a Tribe or 
Tribal organization include in a Tribal CSE plan?

    A Tribe or Tribal organization demonstrates capacity to operate a 
Tribal CSE program meeting the objectives of title IV-D of the Act when 
its Tribal CSE plan includes Tribal law, code, regulations, and/or 
other evidence that provides specific procedures that result in:
    (a) Establishment of paternity for any child up to and including at 
least 18 years of age;
    (b) Establishment and modification of child support obligations;
    (c) Enforcing child support obligations, including requirements 
that Tribal employers comply with income withholding as required under 
Sec. 310.110; and
    (d) In the absence of specific laws and regulations, a Tribe or 
Tribal organization may satisfy this requirement for locating 
noncustodial parents by providing in its plan detailed descriptions of 
such procedures which the Secretary or designee determines are adequate 
to enable the Tribe or Tribal organization to meet the performance 
targets approved by the Secretary or designee.


Sec. 310.95  What procedures governing the location of noncustodial 
parents must a Tribe or Tribal organization include in a Tribal CSE 
plan?

    A Tribe or Tribal organization demonstrates capacity to operate a 
Tribal CSE program meeting the objectives of title IV-D of the Act when 
its Tribal CSE plan includes the following provisions governing the 
location of noncustodial parents:
    (a) In all appropriate cases, the Tribal CSE agency must attempt to 
locate noncustodial parents or sources of income and/or assets when 
location is required to take necessary action in a case; and
    (b) All sources of information and records reasonably available to 
the Tribe or Tribal organization must be used to locate noncustodial 
parents.


Sec. 310.100  What procedures for the establishment of paternity must a 
Tribe or Tribal organization include in a Tribal CSE plan?

    (a) A Tribe or Tribal organization demonstrates capacity to operate 
a Tribal CSE program meeting the objectives of title IV-D of the Act 
when its Tribal CSE plan includes the procedures that result in the 
establishment of paternity included in

[[Page 50795]]

this section. For cases in which paternity has not been established, 
the Tribe must include in its Tribal CSE plan the procedures under 
which the Tribal CSE agency will:
    (1) Attempt to establish paternity by the process established under 
Tribal law, code, and/or custom; and
    (2) Provide an alleged father the opportunity to voluntarily 
acknowledge paternity.
    (b) The Tribal CSE agency need not attempt to establish paternity 
in any case involving incest or forcible rape, or in any case in which 
legal proceedings for adoption are pending, if, in the opinion of the 
Tribal CSE agency, it would not be in the best interests of the child 
to establish paternity.
    (c) When genetic testing is used to establish paternity, the Tribal 
CSE agency must identify and use accredited laboratories which perform, 
at reasonable cost, legally and medically acceptable genetic tests 
which tend to identify the father or exclude the alleged father.


Sec. 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?

    (a) A Tribe or Tribal organization demonstrates capacity to operate 
a Tribal CSE program meeting the objectives of title IV-D of the Act 
when its Tribal CSE plan:
    (1) Establishes one set of child support guidelines by law or by 
judicial or administrative action for setting and modifying child 
support obligation amounts;
    (2) Includes a copy of child support guidelines governing the 
establishment and modification of child support obligations; and
    (3) Indicates whether in-kind or non-cash payments of support will 
be permitted and if so, describes the type(s) of in-kind (non-cash) 
support that will be permitted and how such in-kind (non-cash) payments 
will be converted into cash equivalents if necessary.
    (b) The guidelines established under paragraph (a) of this section 
must at a minimum:
    (1) Take into account the needs of the child and the earnings and 
income of the noncustodial parent; and
    (2) Be based on specific descriptive and numeric criteria and 
result in a computation of the support obligation.
    (c) The Tribe or Tribal organization must ensure that child support 
guidelines are reviewed at least every three years.
    (d) The Tribe or Tribal organization must provide that there shall 
be a rebuttable presumption, in any judicial or administrative 
proceeding for the award of child support, that the amount of the award 
that would result from the application of the guidelines established 
under paragraph (a) of this section is the correct amount of child 
support to be awarded.
    (e) A written finding or specific finding on the record of a 
judicial or administrative proceeding for the award of child support 
that the application of the guidelines established under paragraph (a) 
of this section would be unjust or inappropriate in a particular case 
shall be sufficient to rebut the presumption in that case, as 
determined under criteria established by the Tribe or Tribal 
organization. Such criteria must take into consideration the best 
interests of the child. Findings that rebut the guidelines must state 
the amount of support that would have been required under the 
guidelines and include a justification of why the order varies from the 
guidelines.


Sec. 310.110  What procedures governing income withholding must a Tribe 
or Tribal organization include in a Tribal CSE plan?

    (a) A Tribe or Tribal organization demonstrates capacity to operate 
a Tribal CSE program meeting the objectives of title IV-D of the Act 
when its Tribal CSE plan includes copies of Tribal laws and regulations 
providing for income withholding under which:
    (1) In the case of each noncustodial parent against whom a support 
order is or has been issued or modified under the Tribal CSE plan, or 
is being enforced under such plan, so much of his or her income as 
defined in section 466(b)(8) of the Act must be withheld as is 
necessary to comply with the order.
    (2) In addition to the amount to be withheld to pay the current 
month's obligation, the amount withheld must include an amount to be 
applied toward liquidation of any overdue support.
    (3) The total amount to be withheld under paragraphs (a)(1) and (2) 
of this section may not exceed the maximum amount permitted under 
section 303(b) of the Consumer Credit Protection Act (15 U.S.C. 
1673(b)).
    (4) All income withholding must be carried out in compliance with 
all procedural due process requirements of the Tribe or Tribal 
organization.
    (5) The Tribal CSE agency must have procedures for promptly 
refunding amounts which have been improperly withheld.
    (6) The Tribal CSE agency must have procedures for promptly 
terminating income withholding in cases where there is no longer a 
current order for support and all arrearages have been satisfied.
    (b) To initiate income withholding, the Tribal CSE agency must send 
the noncustodial parent's employer a notice using the standard Federal 
form that includes the following:
    (1) The amount to be withheld;
    (2) A requirement that the employer must send the amount to the 
Tribal CSE agency within 7 business days of the date the noncustodial 
parent is paid;
    (3) A requirement that the employer must report to the Tribal CSE 
agency the date on which the amount was withheld from the noncustodial 
parent's income;
    (4) A requirement that, in addition to the amount to be withheld 
for support, the employer may deduct a fee established by the Tribe for 
the employer's administrative costs incurred for each withholding, if 
the Tribe permits a fee to be deducted;
    (5) A requirement that the withholding is binding upon the employer 
until further notice by the Tribe;
    (6) A requirement that, if the employer fails to withhold income in 
accordance with the provision of the notice, the employer is liable for 
the accumulated amount the employer should have withheld from the 
noncustodial parent's income; and
    (7) A requirement that the employer must notify the Tribe promptly 
when the noncustodial parent terminates employment and provide the 
noncustodial parent's last known address and the name and address of 
the noncustodial parent's new employer, if known.
    (c) The income of the noncustodial parent shall become subject to 
withholding, at the latest, on the date on which the payments which the 
noncustodial parent has failed to make under a support order are at 
least equal to the support payable for one month.
    (d) The only basis for contesting a withholding under this section 
is a mistake of fact, which for purposes of this paragraph means an 
error in the amount of current or overdue support or in the identity of 
the alleged noncustodial parent.
    (e) The provisions of this section do not apply to that portion of 
a child support order that may be satisfied in kind.
    (f) Tribal law must provide that the employer is subject to a fine 
to be determined under Tribal law for discharging a noncustodial parent 
from employment, refusing to employ, or taking disciplinary action 
against any noncustodial parent because of the withholding.

[[Page 50796]]

Sec. 310.115  What procedures governing the distribution of child 
support must a Tribe or Tribal organization include in a Tribal CSE 
plan?

    A Tribe or Tribal organization demonstrates capacity to operate a 
Tribal CSE program meeting the objectives of title IV-D of the Act when 
its Tribal CSE plan includes the following requirements:
    (a) In cases where families receiving services from the Tribal CSE 
program are receiving Temporary Assistance for Needy Families (TANF) 
assistance from the State, collected child support must be distributed 
consistent with section 457(a)(1) of the Act;
    (b) In cases where families receiving services from the Tribal CSE 
program are receiving TANF assistance from a Tribal TANF program and 
formerly received assistance under a State program funded under title 
IV-A, child support arrearage collections must be distributed 
consistent with section 457(a)(2) of the Act;
    (c) In cases where families receiving services from the Tribal CSE 
program are receiving TANF assistance from a Tribal TANF program and 
have assigned their rights to child support to the Tribe, collected 
child support up to the amount of Tribal TANF assistance received by 
the family may be retained by the Tribe, and any collected child 
support in excess of the amount of Tribal TANF assistance received by 
the family must be paid to the family;
    (d) In cases where families receiving services from the Tribal CSE 
program formerly received Tribal TANF assistance and assigned their 
right to child support to the Tribe, collected child support above 
current support may be retained by the Tribe as reimbursement for past 
Tribal TANF assistance payments made to the family for which the Tribe 
has not been reimbursed, and any collected child support in excess of 
the amount of unreimbursed Tribal TANF assistance received by the 
family must be paid to the family; and
    (e) In cases where families receiving services from the Tribal CSE 
program never received assistance under a State or Tribal program 
funded under title IV-A, all collected child support must be paid to 
the family.


Sec. 310.120  What intergovernmental procedures must a Tribe or Tribal 
organization include in a Tribal CSE plan?

    A Tribe or Tribal organization demonstrates capacity to operate a 
Tribal CSE program meeting the objectives of title IV-D of the Act when 
its Tribal CSE plan includes:
    (a) Procedures that provide that the Tribal CSE agency will 
cooperate with States and other Tribal CSE agencies to provide CSE 
services in accordance with instructions and requirements issued by the 
Secretary or designee; and
    (b) Assurances that the Tribe or Tribal organization will recognize 
child support orders issued by other Tribes and Tribal organizations, 
and by States, in accordance with the requirements under 28 U.S.C. 
1738B, the Full Faith and Credit for Child Support Orders Act.

Subpart D--Tribal CSE Program Funding


Sec. 310.125  On what basis is Federal funding in Tribal CSE programs 
determined?

    Federal funding of Tribal CSE programs is based on information 
contained in the Tribal CSE application, which includes a proposed 
budget, a description of the nature and scope of the Tribal CSE program 
and which gives assurance that it will be administered in conformity 
with applicable requirements of title IV-D, regulations contained in 
this part, and other official issuances of the Department.


Sec. 310.130  How will Tribal CSE programs be funded?

    (a) General mechanism. Tribal CSE programs will be funded on an 
annual basis. At or just before the beginning of a Tribal grantee's 
program year, OCSE will issue a grant award to the Tribe or Tribal 
organization to operate its Tribal CSE program for the following 12-
month budget period.
    (b) Special provision for initial grant. A Tribe or Tribal 
organization may request that its initial Tribal CSE grant award be for 
a period of less than a year (but at least six months) or more than an 
year (but not to exceed 17 months) to enable its program funding cycle 
to coincide with its desired annual funding cycle.
    (c) Determination of Tribal funding amounts. The Secretary or 
designee will determine the amount of funds that a Tribe or Tribal 
organization needs to pay reasonable, necessary, and allocable costs to 
operate its Tribal CSE program, based on information supplied by the 
Tribe or Tribal organization on Standard Form 424 (Application for 
Federal Assistance), Standard Form 424A (Budget Information `` Non-
Construction Programs), and the Tribe or Tribal organization's CSE 
plan, as reviewed and approved by the Secretary or designee. The 
Secretary or designee will review the grantee's request, ask for 
additional information as necessary, and negotiate any appropriate 
adjustments with the grantee.
    (d) Federal and non-Federal shares. (1)(i) During the first three 
years in which a Tribe or Tribal organization operates a full CSE 
program under Sec. 310.65(a) of this part, the amount of the Federal 
grant will not exceed 90 percent of the total approved budget of the 
assisted program, unless the Secretary or designee has granted a waiver 
pursuant to paragraph (d)(2) of this section. After a Tribe or Tribal 
organization has operated a full CSE program under Sec. 310.65(a) of 
this part for three years, the amount of the Federal grant will not 
exceed 80 percent of the total approved budget of the assisted program, 
unless the Secretary or designee has granted a waiver pursuant to 
paragraph (d)(2) of this section.
    (ii) During the first three years in which a Tribe or Tribal 
organization operates a full CSE program under Sec. 310.65(a) of this 
part, the Tribe or Tribal organization must contribute to its Tribal 
CSE program a non-Federal (Tribal) matching share of at least 10 
percent of the total approved budget of the assisted program, unless 
the Secretary or designee has granted a waiver pursuant to paragraph 
(d)(2) of this section. After a Tribe or Tribal organization has 
operated a full CSE program under Sec. 310.65(a) of this part for three 
years, the Tribe or Tribal organization must contribute to its Tribal 
CSE program a non-Federal (Tribal) matching share of at least 20 
percent of the total approved budget of the assisted program, unless 
the Secretary or designee has granted a waiver pursuant to paragraph 
(d)(2) of this section. The non-Federal share may be provided in cash 
and/or in kind, fairly valued, by the Tribe or Tribal organization and/
or by a third party, in accordance with the requirements of 45 CFR 
92.24 and this part.
    (iii) Donations of funds, and in-kind contributions of property and 
services valued at fair market value, from a third party to a Tribe or 
Tribal organization, may satisfy the non-Federal share requirement. The 
non-Federal share requirement may not be satisfied by:
    (A) Donations for which the donor receives or expects to receive a 
financial or economic benefit;
    (B) Donations intended as consideration for any benefit received 
from the Tribe or Tribal organization;
    (C) Donations whose costs ultimately will be borne by another 
Federal grant; or
    (D) Any other donation which the Secretary or designee determines 
to benefit the donor in a manner inconsistent with 45 CFR part 92.
    (2)(i) A Tribe or Tribal organization that lacks sufficient 
resources to provide a 10 or 20 percent non-Federal matching

[[Page 50797]]

share may request a waiver of part or all of the non-Federal share.
    (ii) Requests for waiver of part or all of the non-Federal matching 
share must be included with initial applications for funding, refunding 
applications, and budget amendment requests, and must contain the 
following:
    (A) A statement that the Tribe or Tribal organization lacks the 
available resources to meet the 10 or 20 percent non-Federal matching 
share;
    (B) A statement of the amount of the non-Federal share that the 
Tribe or Tribal organization requests the Secretary or designee to 
waive;
    (C) A statement of the reasons that the Tribe or Tribal 
organization is unable to meet the non-Federal share requirement; and
    (D) Documentation that reasonable efforts to obtain the non-Federal 
share have been unsuccessful.
    (iii) The Secretary or designee may require submission of 
additional information and documentation as necessary. The Secretary or 
designee will grant a waiver of all or part of the non-Federal matching 
share, as appropriate, if he or she determines that a waiver request 
demonstrates that the Tribe or Tribal organization lacks sufficient 
resources to provide the non-Federal share, has made reasonable but 
unsuccessful efforts to obtain non-Federal share contributions, and has 
provided all required information. Waiver of all or part of the non-
Federal share shall apply only to the budget period for which 
application was made.
    (e) Increase in approved budget. A Tribal CSE grantee may request 
an adjustment to increase the approved level of its current budget by 
submitting Standard Form 424 (Application for Federal Assistance) and 
Standard Form 424A (Budget Information `` Non-Construction Programs), 
and explaining why it needs to increase its budget. The Tribe or Tribal 
organization should submit this request at least 60 days before 
additional funds are needed, in order to allow the Secretary or 
designee adequate time to review the estimates and issue a revised 
grant award as appropriate. Requests for changes to budget levels are 
subject to approval by the Secretary or designee. If the change in a 
grantee's budget estimate results from a change in the grantee's CSE 
plan, the grantee also needs to submit a plan amendment in accordance 
with Sec. 310.25(c) of this part, with its request for additional 
funding. The effective date of a plan amendment may not be earlier than 
the first day of the calendar quarter in which an approvable plan is 
submitted in accordance with Sec. 310.25(e). The Secretary or designee 
will review the grantee's request, ask for additional information as 
necessary, and negotiate any appropriate adjustments with the grantee. 
The Secretary or designee must approve the plan amendment before 
approving any additional funding.
    (f) Obtaining Federal funds. Tribes and Tribal organizations will 
obtain Federal funds on a draw down basis from the Department's Payment 
Management System.
    (g) Grant administration requirements. The Tribal CSE program is 
subject to the grant administration regulations under 45 CFR part 92.


Sec. 310.135  How long do Tribes and Tribal organizations have to 
obligate and spend CSE grant funds?

    (a) A Tribe or Tribal organization must obligate its CSE grant 
funds by the end of the budget period for which they were awarded. Any 
funds that remain unobligated at the end of the budget period for which 
they were awarded must be returned to the Department. A Tribe or Tribal 
organization must estimate in its refunding application any amounts 
that may be unobligated at the end of the current budget period. In its 
fourth quarter financial report for a budget period, a Tribe or Tribal 
organization must indicate the exact amount of any funds that remained 
unobligated at the end of that budget period. The Department will 
reduce the amount of the Tribe or Tribal organization's grant award for 
the budget period for which any unobligated funds were awarded by the 
amount that remained unobligated at the end of this budget period.
    (b) A Tribe or Tribal organization must liquidate obligations by 
the last day of the 12-month period following the budget period for 
which the funds were awarded and the Tribe or Tribal organization 
obligated the funds, unless the Department grants an exemption and 
extends the time period for liquidation. Funds that remain unliquidated 
after the time period for liquidation has expired must be returned to 
the Department. Tribes and Tribal organizations may request an 
exemption to this rule based on extenuating circumstances. A request 
for an exemption must be sent to the OCSE grants officer listed on the 
most recent grant award and must be made before the end of the time 
period for liquidation; such requests are subject to approval by the 
Department. If any funds remain unliquidated at the end of the maximum 
time period for liquidation, the Department will reduce the amount of 
the Tribe or Tribal organization's grant award for the budget period 
for which any unliquidated funds were awarded, by the amount that 
remains unliquidated at the end of the liquidation period. Repeated 
failure by a Tribe or Tribal organization to liquidate obligations in a 
timely way would result in the Department's reexamination of the 
program budget development process and could result in action to 
address financial systems deficiencies.


Sec. 310.140  What are the financial reporting requirements?

    (a) A Tribe or Tribal organization operating a Tribal CSE program 
must submit a Financial Status Report, Standard Form 269, quarterly. 
The Financial Status Reports for each of the first three quarters of 
the budget period are due 30 days after the end of each quarterly 
reporting period. The Financial Status Report for the fourth quarter is 
due 90 days after the end of the fourth quarter of each budget period.
    (b) A Tribe or Tribal organization operating a Tribal CSE program 
must submit the ``Child Support Enforcement Program: Quarterly Report 
of Collections'' (Form OCSE-34A), or such other report as the Secretary 
or designee may prescribe, quarterly. The reports for each of the first 
three quarters of the budget period are due 30 days after the end of 
each quarterly reporting period. The report for the fourth quarter is 
due 90 days after the end of the fourth quarter of each budget period.
    (c) A Tribe or Tribal organization operating a Tribal CSE program 
must submit a report on the liquidation of its CSE obligations, using 
the Financial Status Report, Standard Form 269. The liquidation report 
is due 30 days after the end of the maximum period for liquidation of 
obligations, or 30 days after all grant funds are liquidated, whichever 
is earlier.
    (d) The Secretary or designee will consider requiring less frequent 
financial reporting for Tribal CSE agencies that submit the required 
financial reports timely and accurately, and establish adequate 
financial systems and effective program operations under the Tribal CSE 
program.


Sec. 310.145  What costs are allowable charges to Tribal CSE programs 
carried out under Sec. 310.65(a) of this part?

    Federal funds are available for direct costs of operating a Tribal 
CSE program under an approved Tribal CSE application carried out under 
Sec. 310.65(a) of this part, provided that such costs are determined by 
the Secretary or designee to be reasonable, necessary, and allocable to 
the program. Federal funds are also available for indirect costs, where 
applicable, at the

[[Page 50798]]

appropriate negotiated indirect cost rate. Allowable activities and 
costs include:
    (a) Support enforcement services provided to eligible individuals, 
including: parent locator services; paternity establishment; and 
support order establishment, modification, and enforcement services;
    (b) Administration of the Tribal CSE program, including but not 
limited to the following:
    (1) Establishment and administration of the Tribal CSE program 
plan;
    (2) Monitoring the progress of program development and operations, 
and evaluating the quality, efficiency, effectiveness, and scope of 
available support enforcement services;
    (3) Establishment of all necessary agreements with other Tribal, 
State, and local agencies or private providers for the provision of 
child support enforcement services in accordance with Procurement 
Standards found in 45 CFR 92.36. These agreements may include:
    (i) Necessary administrative agreements for support services;
    (ii) Use of Tribal, Federal, State, and local information 
resources;
    (iii) Cooperation with courts and law enforcement officials;
    (iv) Securing compliance with the requirements of the Tribal CSE 
program plan in operations under any agreements;
    (v) Development and maintenance of systems for fiscal and program 
records and reports required to be made to OCSE based on these records; 
and
    (vi) Development of cost allocation systems;
    (c) Establishment of paternity, including:
    (1) Establishment of paternity in accordance with Tribal codes or 
custom as outlined in the approved Tribal CSE program plan;
    (2) Reasonable attempts to determine the identity of a child's 
father, such as:
    (i) Investigation;
    (ii) Development of evidence including the use of genetic testing 
performed by accredited laboratories; and
    (iii) Pre-trial discovery;
    (3) Court or administrative or other actions to establish paternity 
pursuant to procedures established by Tribal codes or custom as 
outlined in the approved Tribal CSE program plan;
    (4) Identifying accredited laboratories that perform genetic tests 
(as appropriate); and
    (5) Referrals of cases to another Tribal CSE agency or to a State 
to establish paternity when appropriate;
    (d) Establishment, modification, and enforcement of support 
obligations including:
    (1) Investigation, development of evidence and, when appropriate, 
court or administrative actions;
    (2) Determination of the amount of the support obligation 
(including determination of income and allowable in-kind support under 
Tribal CSE guidelines, if appropriate);
    (3) Enforcement of a support obligation including those activities 
associated with collections and the enforcement of court orders, 
administrative orders, warrants, income withholding, criminal 
proceedings, and prosecution of fraud related to child support; and
    (4) Investigation and prosecution of fraud related to child and 
spousal support;
    (e) Collection and disbursement of support payments, including:
    (1) Establishment and operation of an effective system for making 
collections and identifying delinquent cases and collecting from them;
    (2) Referral of cases to another Tribal CSE agency or to a State 
CSE program for collection when appropriate; and
    (3) Making collections for another Tribal CSE program or for a 
State CSE program;
    (f) Establishment and operation of a Tribal Parent Locator Service 
(TPLS) or agreements for referral of cases to a State PLS, another 
Tribal PLS, or the Federal PLS for location purposes;
    (g) Activities related to requests to State CSE programs for 
certification of collection for Federal Income Tax Refund Offset;
    (h) Establishing and maintaining case records;
    (i) Planning, design, development, installation, enhancement, and 
operation of CSE computer systems;
    (j) Staffing and equipment that are directly related to operating a 
Tribal CSE program;
    (k) The portion of salaries and expenses of a Tribe's chief 
executive and staff that is directly attributable to managing and 
operating a Tribal CSE program;
    (l) The portion of salaries and expenses of Tribal judges and staff 
that is directly related to Tribal CSE program activities;
    (m) Service of process;
    (n) Training on a short-term basis that is directly related to 
operating a Tribal CSE program;
    (o) Costs associated with obtaining technical assistance that are 
directly related to operating a CSE program, from outside sources, 
including Tribes, Tribal organizations, State agencies, and private 
organizations, and costs associated with providing such technical 
assistance to public entities; and
    (p) Any other reasonable, necessary, and allocable costs with a 
direct correlation to a Tribal CSE program, consistent with the cost 
principles in OMB Circular A-87.


Sec. 310.150  [Reserved]


Sec. 310.155  What uses of Tribal CSE program funds are not allowable?

    Federal Tribal CSE funds may not be used for:
    (a) Services provided or fees paid by other Federal agencies, or by 
programs funded by other Federal agencies;
    (b) Construction and major renovations;
    (c) Any expenditures that have been reimbursed by fees collected;
    (d) Expenditures for jailing of parents in Tribal CSE program 
cases;
    (e) The cost of legal counsel for indigent defendants in Tribal CSE 
program actions;
    (f) The cost of guardians ad litem; and
    (g) All other costs that are not reasonable, necessary, and 
allocable in Tribal CSE programs, under the costs principles in OMB 
Circular A-87.

Subpart E--Accountability and Monitoring


Sec. 310.160  How will OCSE determine if Tribal CSE program funds are 
appropriately expended?

    OCSE will rely on audits required by OMB Circular A-133, ``Audits 
of States, Local Governments, and Non-Profit Organizations'' and other 
provisions of 45 CFR 92.26. The Department has determined that this 
program is to be audited as a major program in accordance with section 
215(c) of the circular. The Department may supplement the required 
audits through reviews or audits conducted by its own staff.


Sec. 310.165  What recourse does a Tribe or Tribal organization have to 
dispute a determination to disallow Tribal CSE program expenditures?

    If a Tribe or Tribal organization disputes a decision to disallow 
Tribal CSE program expenditures, the grant appeals procedures outlined 
in 45 CFR part 16 are applicable under this part.

Subpart F--Statistical and Narrative Reporting Requirements


Sec. 310.170  What statistical and narrative reporting requirements 
apply to Tribal CSE programs?

    Tribes and Tribal organizations must submit the following 
information and statistics for Tribal CSE program activity and caseload 
for each budget period:
    (a) Total number of cases and, of the total number of cases, the 
number that

[[Page 50799]]

are TANF cases and the number that are non-TANF cases;
    (b) Total number of paternities needed and number of paternities 
established;
    (c) Total number of support orders needed and the total number of 
orders established;
    (d) Total amount of current support due and collected;
    (e) Total amount of past-due support owed and total collected;
    (f) A narrative report on activities, accomplishments, and progress 
of the program;
    (g) Total costs claimed;
    (h) Total amount of fees and costs recovered;
    (i) Total amount of automated data processing (ADP) costs; and
    (j) Total amount of laboratory paternity establishment costs.


Sec. 310.175  When are statistical and narrative reports due?

    A Tribe or Tribal organization must submit Tribal CSE program 
statistical and narrative reports no later than 90 days after the end 
of each budget period.

Subpart G--Interim Funding of Operational Tribal CSE Programs


Sec. 310.180  Who is eligible to apply to receive interim funding under 
this part?

    A Tribe or Tribal organization currently satisfying the 
requirements in this part, and currently operating a comprehensive 
Tribal CSE program that includes establishment of paternity, 
establishment, modification, and enforcement of support orders, and 
location of absent parents, may apply for and upon approval, receive 
direct funding under this part.


Sec. 310.185  What is the application and approval process for Tribes 
and Tribal organizations with operational Tribal CSE programs applying 
for interim funding?

    (a) In order to receive interim funding under this part, a Tribe or 
Tribal organization with an operational comprehensive Tribal CSE 
program must meet the requirements under this part and demonstrate that 
the operational comprehensive program exists, through submittal of:
    (1) A cooperative agreement with a State IV-D agency under section 
454(33) of the Act that demonstrates that the Tribe or Tribal 
organization currently operates a comprehensive Tribal CSE program 
including establishment of paternity, establishment, modification, and 
enforcement of support orders, and location of absent parents, and 
meeting the requirements of section 455(f) of the Act and this part; or
    (2) Evidence that demonstrates that the Tribe or Tribal 
organization currently operates a comprehensive Tribal CSE program 
including establishment of paternity, establishment, modification, and 
enforcement of support orders, and location of absent parents, and 
meeting the requirements of section 455(f) of the Act and this part, 
directly or through agreement, contract, or resolution with another 
entity. Evidence includes copies of Tribal CSE codes, program 
procedures, agreements or contracts, and program statistics.
    (b) The Secretary or designee will determine whether the Tribe or 
Tribal organization meets the requirements under this part and 
adequately demonstrates that the operational comprehensive CSE program 
exists.


Sec. 310.190  What requirements apply to programs operated with interim 
funding?

    Tribes and Tribal organizations that receive interim funding must 
meet all requirements under this part.

[FR Doc. 00-20797 Filed 8-18-00; 8:45 am]
BILLING CODE 4184-01-P