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This rule would modify the non-Federal share of program expenditures requirement, including the 90/10 and 80/20 cost sharing rates, for Tribal child support enforcement programs.

Statement of Need:

The requirement to provide the non-Federal share of program expenditures has been a longstanding issue for Tribal child support enforcement programs. It limits growth, causes disruptions, and creates instability. Modifying the non-Federal share requirement prevents existing Tribal child support enforcement programs from closing. It implements guidance provided by the Secretary that the match rate would be revised if it were disruptive and imposed hardship (see 65 Fed Reg. at 50823). It also removes a major barrier that hinders prospective Tribes and Tribal organizations from administering a Tribal child support enforcement program. Most importantly, it ensures the opportunity for Tribal families to receive child support services that reflect and affirm their Tribal cultures and traditions, promote parental responsibility, create financial stability, and lift Tribal families out of poverty. In FY 2020, Tribal child support enforcement programs collected $58 million in child support payments and 96 percent went to families.

Summary of the Legal Basis:

Section 455(f) of the Social Security Act (the Act) requires the Secretary to issue regulations governing the grants to Tribes and Tribal organizations operating child support enforcement programs. Additionally, section 1102 of the Act authorizes the Secretary to publish regulations, not inconsistent with the Act, as may be necessary for the efficient administration of the functions with which the Secretary is responsible under the Act. 

Alternatives:

If the NPRM is not published, many Tribal child support enforcement programs will continue to reduce services, delay filling vacancies, forgo system upgrades, and operate at a limited capacity so that they can meet the non-Federal share of program expenditures. Some Tribal child support enforcement programs will continue to face the danger of closing and may eventually be forced to close. Additionally, many prospective Tribes and Tribal organizations will be unable to apply for funding to operate a Tribal child support enforcement program due to the non-Federal share requirement.

Anticipated Costs and Benefits:

ACF estimates that a modification to the regulation will result in increased costs to the Federal government but will also result in additional tribal child support programs added to serve children and families.

Risks:

None.