Rule2026-22116
Reducing Bureaucracy and Burden for Child Support Enforcement Programs
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 29, 2026
Effective
November 30, 2026
Issuing agencies
Health and Human Services DepartmentChildren and Families Administration
Abstract
This final rule amends the Child Support regulations that were unnecessary or obsolete in the following sections: State Plan Approval and Grant Procedures, State Plan Requirements, Standards for Program Operations, Federal Financial Participation, Program Performance Measures, Standards, Financial Incentives, and Penalties, Computerized Support Enforcement Systems, Annual State Self-Assessment Review and Report, Tribal Child Support Enforcement (IV-D) Program, and Computerized Tribal IV-D Systems and Office Automation.
Full Text
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<title>Federal Register, Volume 91 Issue 208 (Thursday, October 29, 2026)</title>
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[Federal Register Volume 91, Number 208 (Thursday, October 29, 2026)]
[Rules and Regulations]
[Pages 68045-68055]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-22116]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children and Families
45 CFR Parts 301, 302, 303, 304, 305, 307, 308, 309, and 310
RIN 0970-AD39
Reducing Bureaucracy and Burden for Child Support Enforcement
Programs
AGENCY: Office of Child Support Enforcement (OCSE), Administration for
Children and Families (ACF), Department of Health and Human Services
(HHS or the Department).
ACTION: Final rule.
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SUMMARY: This final rule amends the Child Support regulations that were
unnecessary or obsolete in the following sections: State Plan Approval
and Grant Procedures, State Plan Requirements, Standards for Program
Operations, Federal Financial Participation, Program Performance
Measures, Standards, Financial Incentives, and Penalties, Computerized
Support Enforcement Systems, Annual State Self-Assessment Review and
Report, Tribal Child Support Enforcement (IV-D) Program, and
Computerized Tribal IV-D Systems and Office Automation.
DATES: This rule is effective on November 30, 2026.
FOR FURTHER INFORMATION CONTACT: Adam N. Jones, Deputy Chief of Staff,
Immediate Office of the Assistant Secretary, Administration for
Children and Families, Department of Health and Human Services,
Washington, DC, 202-417-0115 or <a href="/cdn-cgi/l/email-protection#266243544341534a47524f494866474540084e4e5508414950"><span class="__cf_email__" data-cfemail="6a2e0f180f0d1f060b1e0305042a0b090c44020219440d051c">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Statutory Authority
This rule is published under the authority granted to the Secretary
of Health and Human Services by section 1102 of the Social Security Act
(the Act), 42 U.S.C. 1302. Section 1102 of the Act authorizes the
Secretary to publish regulations, not inconsistent with the Act, which
``may be necessary for efficient administration of the functions for
which the Secretary is responsible under the Act.'' This rule is also
published in accordance with section 455(f) of the Act, 42 U.S.C.
655(f). Section 455(f) authorizes the Secretary to issue regulations
governing the grants to Tribes and Tribal organizations operating child
support programs.
II. Background
The Child Support Enforcement Program, established under Title IV-D
of the Social Security Act, is a Federal-State-Tribal partnership
designed to help children receive financial support from their
noncustodial parents. The program operates through State and Tribal
child support agencies that provide child support enforcement services
including locating noncustodial parents, establishing paternity,
establishing and enforcing support orders, and collecting and
distributing child support payments. Since the program's establishment
in 1975, OCSE has worked with States and Tribes to improve the
effectiveness and efficiency of child support program operations. Over
time, Congress has amended Title IV-D to expand and refine program
responsibilities, and ACF has promulgated implementing regulations to
support consistent national administration of the program while
providing flexibility to States and Tribes. See, e.g., 40 FR 27156
(June 26, 1975) (initial implementation of the Child Support
Enforcement Program regulations); 54 FR 15761 (Apr. 19, 1989) (revising
interstate and enforcement procedures to improve program
effectiveness); 57 FR 30658 (July 10, 1992) (implementing Family
Support Act amendments and strengthening automated processing and
distribution requirements); 63 FR 44795 (Aug. 21, 1998) (implementing
provisions of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 related to program automation); 69 FR 16638
(Mar. 30, 2004) (implementing direct funding of Tribal Child Support
Enforcement programs); and 81 FR 93492 (Dec. 20, 2016) (modernizing
child support program operations and emphasizing family-centered
enforcement approaches).
ACF has determined many of these regulations were originally
adopted during periods of substantial statutory expansion of the Title
IV-D program, when ACF sought to provide introductory program
descriptions, restate newly enacted statutory requirements, promote
national consistency during early implementation efforts, or codify
administrative practices that were not yet well established among State
agencies. See, e.g., 40 FR 27156, 27160-61 (describing the need for
foundational regulations to establish uniform State plan requirements
during initial implementation of Title IV-D); 57 FR 30658, 30659-60
(explaining that several provisions were intended to clarify statutory
responsibilities and standardize administration among States); 63 FR
44795, 44795-96 (stating that certain amendments were intended to
codify statutory changes enacted by Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (PRWORA) and provide operational
guidance to States during implementation); and 81 FR 93492, 93493-95
(describing the purpose of regulatory amendments as improving program
flexibility and modernizing existing practices). In several instances,
prior preambles explained that the regulations were intended primarily
to clarify statutory requirements, provide organizational context, or
assist States during transitions following major legislative
amendments.
ACF has also determined that many of those rationales no longer
support maintaining these provisions in the Code of Federal Regulations
(CFR) because the Title IV-D program has matured substantially and
State and Tribal agencies now operate within a well-established
statutory and administrative framework supported by decades of program
guidance, policy issuances, automated systems requirements, and
operational practice. In addition, Congress has amended Title IV-D
numerous times to codify core program requirements directly in statute,
thereby reducing any independent regulatory effect of certain
provisions. As a result, ACF has concluded that retaining regulations
that restate statutory text, provide historical or descriptive
information without imposing substantive obligations, or address
matters more appropriately administered through sub-regulatory guidance
and technical
[[Page 68046]]
assistance, is no longer necessary to ensure effective administration
of the Title IV-D program.
Rescinding such regulations is also consistent with the President's
directives in Executive Order 14219, Ensuring Lawful Governance and
Implementing the President's ``Department of Government Efficiency''
Deregulatory Initiative (Feb. 19, 2025), which seeks to restore the
constitutional separation of powers by ensuring regulations are
authorized by federal statutes and ending federal bureaucratic
overreach, and Executive Order 14192, Unleashing Prosperity Through
Deregulation, which requires that for every one new regulation issued,
at least ten existing regulations must be identified for repeal.
This final rule therefore rescinds multiple regulations in 45 CFR
Chapter III that ACF has determined are duplicative, unnecessary, or
obsolete. Duplicative regulations are those that include requirements
stated elsewhere, such as in statute, and that ACF has determined are
unnecessary as they do not impose new or additional requirements on
State or Tribal child support programs. Obsolete regulations are those
that are outdated, have been superseded by law or are no longer
relevant to the operation of the child support program. This final rule
also rescinds regulations that are better suited to a different format,
i.e., as a sub-regulatory guidance document, such as those that include
technical details that belong in programmatic instruction. Lastly, this
final rule makes technical edits throughout Chapter III to remove or
replace references to those sections of the Child Support regulations
that have been rescinded.
This final rule does not alter the underlying statutory obligations
applicable to State or Tribal child support agencies. Where statutory
requirements remain in effect, affected agencies will continue to be
bound by those requirements independent of the rescission of
duplicative regulatory text. ACF further notes that rescinding
unnecessary or duplicative regulations may improve regulatory clarity
by reducing confusion regarding whether regulatory provisions impose
obligations distinct from those already established by statute.
Severability
The provisions of this final rule are intended to be severable,
such that in the event a court were to invalidate any particular
provision or deem it to be unenforceable, the remaining provisions
would continue to be valid. None of the provisions contained herein are
central to the overall final rule, nor are any provisions dependent on
the validity of other, separate provisions.
III. Summary of Public Comments
The Reducing Bureaucracy and Burden for Child Support Enforcement
Programs Notice of Proposed Rulemaking (NPRM) was published in the
Federal Register on June 18, 2026 (91 FR 36779). The comment period
ended on July 20, 2026. ACF received 31 comments on the NPRM. Of those,
twelve were from State child support agencies, one was from a county
child support agency, one was from a Tribal child support agency, two
were from national child support organizations, seven were from
individuals, and four were from national advocacy organizations.
Several commenters supported the proposals in the NPRM. Other
commenters generally supported the proposed rule but recommended
retaining certain provisions in the CFR rather than removing all of the
proposed sections. Several commenters opposed the NPRM in its entirety,
and one commenter provided comments not germane to the NPRM.
Several commenters expressed support for the removal of regulatory
sections that merely restated statutory language or provided general
overviews of specific parts of the program. These commenters noted that
eliminating duplicative or explanatory provisions helps streamline the
regulations, reduce unnecessary text, and improve clarity by ensuring
that the CFR focuses on operational and enforceable requirements rather
than reiterating material already established in statute. Those
commenters generally agreed that this approach enhances transparency
and modernizes the regulatory structure by aligning it more closely
with the statutory framework without altering existing program
obligations.
Commenters expressed opposition to the removal of Sec. Sec.
302.32, 302.33, 302.38, and 304.20 stating that these provisions offer
clarity that supports consistent and accurate program operations.
Although the underlying statutory requirements remain in place,
commenters explained that removing these regulatory sections could lead
to confusion, uneven implementation across States, and
misinterpretation of key responsibilities. Based on these concerns, the
Department will retain Sec. Sec. 302.32, 302.33, 302.38, and 304.20 to
preserve clarity, continuity, and effective administration of the child
support program.
ACF received one comment which included proposed amendments, which
were not included in the NPRM, to 45 CFR 301.13, 302.12, 302.35,
302.56, 302.85, 303.3, 303.4, 303.5, 303.7, 303.11, 303.21, 303.30,
303.101, 303.109, 304.15, 304.21, 304.23, 304.40, 305.60, 305.61,
305.63, 307.1, 307.5, 307.7, 307.10, 307.11, 307.13, 307.15, 307.20,
307.25, 308.1, and 308.2. We acknowledge receipt of the comment and
will consider it in the development of future rules in this Chapter.
IV. Section-by-Section Discussion of Comments and Regulatory Provisions
HHS received 31 comments about changes proposed to 45 CFR Chapter
III. Below, we identify each part and subpart, summarize the comments
received, and respond to comments accordingly. Additionally, this final
rule makes technical edits throughout Chapter III to remove or replace
references to those sections of the Child Support regulations that have
been rescinded, as described below.
45 CFR Part 301 State Plan Approval and Grant Procedures
Sec. 301.0 Scope and Applicability of This Part
This section provides a brief overview of part 301 and how the part
addresses the Federal administration of Title IV-D. This section does
not impose any additional requirements or provide further clarification
of the subsequent sections in this part. This section is not necessary
for the implementation or enforcement of the child support program, and
the removal of this section will not result in changes to the child
support program's operation. We received no comments specifically on
this section. Therefore, this final rule removes and reserves Sec.
301.0.
Sec. 301.10 State Plan
This section describes what a State plan is and asserts that the
plan ``contains all information necessary for the Office to determine
whether the plan can be approved.'' This section is not needed as the
State plan is already discussed in Title IV-D and the Child Support
regulations. Because this section is duplicative, removal will not
result in changes to State plans or child support program operations.
Therefore, this final rule removes and reserves Sec. 301.10.
Comment: One commenter expressed concern that, although Sec.
301.10 has been identified as duplicative, the section provides a
concise definition of the term State plan that is not stated elsewhere
in statute or regulation. The commenter believes that retaining this
section would preserve a clear and
[[Page 68047]]
straightforward explanation of what a State plan entails.
Response: While the Department understands the desire to maintain a
concise definitional statement, Sec. 301.10 does not provide
operational guidance or impose any requirement beyond what is already
established in statute and in other regulatory provisions governing
State plan content and submission. Its function is purely descriptive,
and the regulatory framework is structured so that substantive State
plan requirements appear in the operative sections of regulation, not
in overview provisions. Removing Sec. 301.10 does not eliminate any
obligation for States, nor does it diminish clarity regarding State
plan approval, because all necessary requirements are already set forth
in Title IV-D and in applicable regulatory sections such as 45 CFR part
302. For these reasons, the Department maintains that removal of Sec.
301.10 will not affect program operation or State plan expectations.
45 CFR Part 302 State Plan Requirements
Sec. 302.0 Scope of This Part
This section provides a brief overview of part 302 which describes
the State plan provisions required for an approved plan under Title IV-
D of the Act. This section imposes no additional requirements or
further clarification of the subsequent sections in this part. Because
this section is not necessary for the implementation or enforcement of
the child support program its removal will not result in changes to the
child support program's operation. We received no comments specifically
on this section. Therefore, this final rule removes and reserves Sec.
302.0.
Sec. 302.1 Definitions
This section provides that the definitions found in Sec. 301.1
also apply to part 302. This requirement is duplicative as the
introductory paragraph of Sec. 301.1 provides that the definitions in
Sec. 301.1 apply throughout this chapter, i.e., parts 301-310, unless
the context otherwise indicates. Because Sec. 302.1 is duplicative,
its removal will not result in changes to the child support program's
operation. Therefore, this final rule removes and reserves Sec. 302.1.
Comment: One commenter argued that Sec. 302.1 should be retained
because, in their view, it provides essential direction and clarity,
helps preserve regulatory consistency, and minimizes confusion by
reiterating how definitions apply within part 302.
Response: While the Department understands the commenter's interest
in maintaining Sec. 302.1 to reinforce clarity within part 302, this
section does not provide any additional direction beyond what is
already established in Sec. 301.1. The general definitions in Sec.
301.1 apply throughout all IV-D regulations unless the context
otherwise indicates, including part 302. As a result, Sec. 302.1
merely repeats an instruction already addressed elsewhere in
regulation. Removing duplicative text supports a clearer and more
streamlined regulatory structure by ensuring definitions are housed in
a single authoritative location rather than restated across parts of 45
CFR Chapter III. Removing Sec. 302.1 does not alter the applicability
of definitions or affect any program obligations.
Sec. 302.11 State Financial Participation
This section restates the statutory requirement under section
454(2) of the Act, 42 U.S.C. 654(2), regarding State financial
participation. The statute independently requires the State Plan to
provide for financial participation by the State. Removing this
duplicative regulation does not alter State plan requirements or child
support program operations. For these reasons, this final rule removes
and reserves Sec. 302.11.
Comment: One commenter argued that Sec. 302.11 should be retained
because, although duplicative of statutory language, it efficiently
consolidates guidance from multiple sections of the Act into a single
location within the regulations. The commenter emphasized that having
all related Federal financial participation requirements presented
together enhances clarity, improves usability, and reduces the need for
States to search across several statutory provisions to understand the
financial participation obligations.
Response: While the Department recognizes the commenter's interest
in having Federal financial participation requirements consolidated in
one place, Sec. 302.11 does not provide additional clarification or
operational instruction beyond what is already required under sections
454(2) and 455 of the Act. Because Sec. 302.11 merely restates a
statutory requirement without adding interpretive value or establishing
new obligations, its retention would duplicate rather than enhance
existing law. Removing duplicative regulatory text strengthens the
clarity of the regulatory framework.
Sec. 302.14 Fiscal Policies and Accountability
This section requires the State plan to provide that the IV-D
agency will maintain an accounting system and supporting fiscal records
adequate to ensure that claims for Federal funds comply with applicable
Federal requirements. This section also cross-references 2 CFR 200.344
through 200.338 to incorporate the records retention requirements of 2
CFR part 200. This section is not needed because Sec. 301.15 and Sec.
304.10 provide that as a condition for Federal financial participation,
the requirements of 2 CFR part 200 (with the exception of 2 CFR 200.306
and 200.328) establishing uniform administrative requirements and cost
principles apply to all grants made to States under this part. In turn,
2 CFR part 200 requires recipients of Federal awards to maintain
accounting systems and comply with financial management requirements
for Federal awards that include maintaining records documenting
compliance with Federal statutes, regulations, and the terms and
conditions of the Federal award, and tracking expenditures to establish
that funds have been disbursed and used in accordance with Federal
statutes, regulations, and the terms and conditions of the Federal
award. See 2 CFR 200.302. Because Sec. 302.14 is duplicative, its
removal will not result in changes to the child support program's
operation. For these reasons, this final rule removes and reserves
Sec. 302.14.
Comment: A commenter recommended retaining Sec. 302.14, explaining
that although the section may appear duplicative of general
requirements in Sec. Sec. 301.15 and 304.10, it provides important
clarity by directing State administrators to the specific records
management provisions in 2 CFR 200.334-200.338 rather than to the full
body of OMB administrative requirements in 2 CFR part 200. The
commenter stated that short, targeted regulations like Sec. 302.14
distill complex statutory and regulatory requirements into single,
easily identifiable provisions. They argued that these types of rules
improve legal transparency, reduce ambiguity, strengthen
accountability, and provide clear standards for compliance and audit
defense. They also noted that sub-regulatory guidance does not carry
the same legal weight as regulations and may not be upheld if a State
appeals an adverse audit determination, making concise regulatory
direction particularly valuable.
Response: The Department appreciates the commenter's desire to
retain Sec. 302.14 as a concise point of reference for fiscal
accountability and records management requirements. However, Sec.
302.14 does not create any
[[Page 68048]]
independent standards or obligations beyond those already contained in
Sec. Sec. 301.15 and 304.10, and 2 CFR part 200. These cross-
referenced provisions comprehensively establish the uniform
administrative requirements, financial management standards, and record
retention obligations applicable to all Federal awards, including title
IV-D grants. Because the statutory and regulatory framework already
requires States to maintain accounting systems and supporting fiscal
records sufficient to document compliance with Federal requirements,
Sec. 302.14 merely restates information that is fully addressed
elsewhere in regulation.
The Department acknowledges concerns about legal weight and audit
defensibility; however, removing duplicative language does not affect
the enforceability of existing Federal requirements. State IV-D
agencies remain bound by the fiscal management and record retention
standards established in 2 CFR part 200 and the requirements in
Sec. Sec. 301.15 and 304.10. Maintaining a streamlined regulatory
structure that avoids superfluous or repetitive provisions supports
clearer organization of the CFR and reinforces the role of operative
sections as the definitive source of regulatory obligations. Removing
Sec. 302.14 will not change fiscal accountability requirements or the
operation of the child support program.
Sec. 302.15 Reports and Maintenance of Records
This section requires State plans to confirm that the IV-D agency
``will maintain records necessary for the proper and efficient
operation of the program'' and ``will make such reports in such form
and containing such information, as the Secretary may from time to time
require, and comply with such provisions as he may from time to time
find necessary to assure the correctness and verification of such
reports.'' This section is not needed in regulation because it is
duplicative of statutory and regulatory requirements and contains
technical details that may be better suited to a different format.
Accordingly, this final rule removes and reserves Sec. 302.15. States
must continue to comply with their statutory and regulatory obligations
under Sections 454(10) and 455(d) of the Act, as well as Sec. Sec.
301.11, 301.15, and 304.10. The removal of this section will not result
in a change in the operation of the child support program.
This final rule also makes technical edits to Sec. 302.33(e)(4) to
remove and replace the reference to ``Sec. 302.15'' with ``Sec.
301.11'' and to Sec. 301.16(a) to remove and replace the reference to
``302.15'' with ``section 455(d) of the Act''. We acknowledge that
Sec. 305.63(a)(2) also includes a cross-reference to Sec. 302.15,
which ACF intends to revise in future rulemaking.
Comment: Two commenters encouraged OCSE to retain Sec. 302.15.
They stated that the regulation consolidates reporting and records
maintenance requirements that are otherwise dispersed across several
lengthy statutory provisions. One commenter emphasized that Sec.
302.15 identifies specific program operation records such as
applications and location activities, which they believe are not fully
duplicated in 42 U.S.C. 654(10) or 655(d). Another commenter stated
that Sec. 302.15 provides a concise list that is easier for staff to
locate than searching through extensive statutory language. Both
commenters expressed concern that without regulatory text, OCSE may
have less ability to enforce these expectations, since sub-regulatory
guidance does not have the same legal weight or may not be upheld if a
State challenges an audit finding. They suggested that this type of
regulation reduces ambiguity, lowers legal risk, and offers clearer
standards for meeting broad reporting obligations.
Response: The Department appreciates the commenters' interest in
maintaining Sec. 302.15 as a single, accessible source for record
maintenance and reporting expectations. However, Sec. 302.15 does not
establish requirements beyond those already contained in sections
454(10) and 455(d) of the Act or in the existing regulations at
Sec. Sec. 301.11, 301.15 and 304.10. The statutory and regulatory
framework already requires States to maintain all records needed for
proper program administration, for verification of reports and for
demonstrating compliance during audits. These obligations, along with
the financial management and documentation standards adopted through 2
CFR part 200, comprehensively govern the types of records States must
retain. Removal of duplicative regulatory text improves the
organization of the CFR while preserving the Department's full ability
to enforce statutory and regulatory requirements. States remain
responsible for maintaining complete and accurate documentation as
required under the Act and applicable regulations.
Sec. 302.17 Inclusion of State Statutes
This section requires State IV-D agencies to include in the State
plan a copy of the State statutes and regulations that provide
procedures to determine paternity and establish and enforce child and
spousal support obligations. We have determined Sec. 302.17 is not
necessary because Sec. 301.11 already requires States to submit all
information necessary for State plan approval in the format prescribed
by the Office. Section 301.11 requires that the State plan must be
submitted to the Office ``in the format and containing the information
prescribed by the Office, and within time limits set in implementing
instructions issued by the Office.'' Since submission of State
statutes, regulations, and policies is necessary for the Office to
determine whether a State plan can be approved under part 301, Sec.
302.17 is duplicative and unnecessary and its removal will not result
in changes to the requirements for State plan approval. Therefore, this
final rule removes and reserves Sec. 302.17.
Comment: A commenter stated that Sec. 302.17 should be retained
because, in their view, its requirements are not duplicated elsewhere
in regulation or statute. They explained that Sec. 301.11 requires
States to provide information requested by OCSE but does not specify
that States must submit their statutes and regulations as part of the
State plan. The commenter argued that Sec. 302.17 fills this gap by
clearly requiring the submission of State statutes and regulations that
govern paternity establishment and the establishment and enforcement of
support obligations. They noted that without a regulatory requirement,
States may not consistently provide this material, which would limit
OCSE's ability to conduct a comprehensive review of State compliance
with Federal requirements.
Response: The Department appreciates the commenter's interest in
retaining Sec. 302.17. However, the obligation to provide statutes,
regulations and policies necessary for State plan approval is already
established in Sec. 301.11. That provision requires that the State
plan be submitted in the format and containing the information
prescribed by OCSE, and OCSE's implementing instructions specify that
States must provide the statutes, regulations and policies needed to
determine whether a plan can be approved. Because Sec. 302.17 simply
restates what States are already required to provide under Sec.
301.11, it does not create additional clarity or impose new
requirements. Retaining duplicative regulatory text does not enhance
OCSE's ability to review State plans or enforce Federal requirements,
and removal does not diminish OCSE's authority to require submission of
statutes and
[[Page 68049]]
regulations as part of the plan approval process.
Sec. 302.30 Publicizing the Availability of Support Enforcement
Services
This section requires the State plan to provide that the State will
publicize the availability of support enforcement services. This
section is a near-verbatim regulatory restatement of section 454(23) of
the Act, 42 U.S.C. 654(23), and does not add new requirements beyond
the statute. Because restating this requirement found in statute is
duplicative and not necessary, the removal of this section will not
change the requirement from remaining in effect due to the statutory
language. Accordingly, this final rule removes and reserves Sec.
302.30.
Comment: A commenter encouraged OCSE to retain Sec. 302.30. They
explained that although the regulation closely tracks the statutory
requirement in section 454(23) of the Act, it extracts and highlights
information that is otherwise embedded within a lengthy statutory
provision. The commenter stated that having this requirement in
regulation makes it easier for State staff to research and reference
and provides clearer visibility into the obligation to publicize the
availability of support enforcement services. They expressed concern
that removing the regulation may reduce accessibility of the
requirement and make program research more difficult.
Response: The Department appreciates the commenter's interest in
retaining Sec. 302.30 to support ease of reference and research.
However, Sec. 302.30 does not create any additional obligations beyond
those already established in section 454(23) of the Act. The statutory
requirement to publicize the availability of child support services
remains in effect regardless of the removal of this regulatory text.
Because Sec. 302.30 simply restates the statute without adding
substantive clarification or operational detail, keeping it in
regulation would result in duplication rather than improved
transparency. Removal of duplicative sections helps maintain a
streamlined and organized regulatory framework, while the underlying
statutory requirement continues to govern State responsibilities.
Sec. 302.32 Collection and Disbursement of Support Payments by the IV-
D Agency
Section 302.32 discusses the collection and disbursement of support
payments by the IV-D agency as well as the requirement for the State
plan to establish and operate a State Disbursement Unit (SDU).
Originally, we determined this section was not needed in regulation
because the authorizing statute is prescriptive regarding the
establishment of an SDU as well as the collection and disbursement of
support payments. After reviewing the comments, the Department has
determined that rescinding Sec. 302.32 could inadvertently create
uncertainty or suggest a shift in program expectations. For these
reasons, this final rule maintains Sec. 302.32.
Comment: During the comment period, we received significant and
persuasive opposition to removing Sec. 302.32. Commenters emphasized
that the regulatory text provides clarity and operational stability
that State administrators, courts, employers, and other stakeholders
rely upon to ensure consistent and accurate implementation,
particularly with regard to disbursement timeframes for different
categories of child support payments, including intergovernmental IV-D
collections, collections in public assistance cases, IV-E foster care
disbursements, and Federal Tax Refund Offsets (FTROs). Several
commenters also raised that States' automated systems are programmed to
meet these distribution timeframes and relied upon for accurate
reporting. Commenters stated that Sec. 302.32 helps prevent
misinterpretation of disbursement rules and SDU functions, and that
rescinding it could increase the likelihood of errors, delays, and
contested transactions.
Response: Commenters made clear that the regulatory provisions
continue to play an important role in supporting uniform administration
of SDU operations and disbursement procedures nationwide. Therefore,
although the underlying statutory framework remains unchanged, we are
persuaded by the comments that Sec. 302.32 promotes clarity,
consistency, and confidence in program requirements.
Sec. 302.33 Services to Individuals Not Receiving Title IV-A
Assistance
This section addresses services available to individuals who are
not receiving Title IV-A assistance and includes regulatory provisions
related to application fees, recovery of costs, and annual fees.
Because the authorizing statute already specifies these requirements,
we initially determined that Sec. 302.33 was duplicative and could be
removed without changing State obligations or program operations.
However, based on the comments received, the Department has determined
that retaining Sec. 302.33 is necessary to support program stability
and prevent misinterpretation. Therefore, this final rule maintains
Sec. 302.33.
Comment: States, advocacy organizations, and other stakeholders
expressed strong opposition to removing Sec. 302.33. Commenters
emphasized that although the statutory language governs application fee
rules, cost recovery options, and annual fee provisions, the regulatory
text provides essential clarity and supports consistent application of
these requirements across IV-D programs. They stated that Sec. 302.33
helps ensure uniform administration and interpretation, facilitates
program outreach, and reduces the potential for misapplication or
confusion by consolidating these provisions in one regulatory location.
Several commenters also expressed concern that rescinding Sec. 302.33
would eliminate the authority to provide limited services in specific
types of cases.
Response: After reviewing substantial and consistent opposition to
the proposed removal of Sec. 302.33, the Department determined that
retaining Sec. 302.33 is necessary to support program stability and
prevent misinterpretation. While the underlying statutory requirements
remain unchanged, retaining Sec. 302.33 in regulation ensures clear,
accessible guidance for States and stakeholders and supports nationwide
consistency in the administration of services to non-TANF applicants.
Sec. 302.34 Cooperative Arrangements
This section states that the State plan must provide that the State
will enter into cooperative arrangements under Sec. 303.107 with the
appropriate courts, law enforcement officials, such as district
attorneys, attorneys general, and similar public attorneys and
prosecutors, corrections officials, and Indian Tribes or Tribal
organizations. This section is not needed in regulation as section
454(7) and (33) of the Act, 42 U.S.C. 654(7) and (33), is already
prescriptive as to requiring that State plans include entering into
cooperative arrangements. As such, this section is duplicative and
unnecessary, and removal of this section will not result in a change in
the operation of the child support program. Therefore, this final rule
removes and reserves Sec. 302.34. This final rule also makes technical
edits to Sec. Sec. 302.12(a)(3), 303.21(b), and 304.20(b)(1)(iii)(C)
to remove the reference to Sec. 302.34 and replace it with ``section
454(7) and (33) of the Act.'' Additionally, this final rule makes
technical edits to Sec. 304.21(a) to remove the reference to Sec.
302.34 and replace it with ``section 454(7) and (33) of the Act.''
[[Page 68050]]
Comment: Two commenters argued that Sec. 302.34 should be retained
because it provides clearer and more comprehensive direction than the
underlying statute. They explained that 42 U.S.C. 654(7) does not
specifically list district attorneys, attorneys general, similar public
attorneys and prosecutors, or corrections officials as entities with
which cooperative arrangements may be made. The commenters stated that
Sec. 302.34 identifies these entities explicitly and therefore offers
more complete and accessible guidance for State IV-D programs. They
also noted that Sec. 304.21, which defines ``law enforcement
officials'' to include these entities, cites Sec. 302.34 and will need
updates if Sec. 302.34 is removed. In addition, commenters stated that
Sec. 302.34 extracts information from a lengthy section of the statute
and presents it in a concise regulatory format that is much easier for
research and reference.
Response: The Department appreciates the commenters' interest in
retaining Sec. 302.34 to support clarity and ease of reference.
However, the statutory provisions at 42 U.S.C. 654(7) and 654(33)
already require States to enter into cooperative arrangements with
courts and law enforcement officials as necessary to carry out the
child support program. These statutory requirements are enforceable
regardless of whether Sec. 302.34 remains in regulation. Although
Sec. 302.34 includes examples that are not individually listed in the
statute, The Department views the statutory language as broad and
encompassing the types of entities identified in the regulation.
Sec. 302.36 Provision of Services in Intergovernmental IV-D Cases
This section provides that States must include in their State plan
that they will cooperate with other State and Tribal IV-D agencies, as
well as foreign reciprocating countries under section 459A of the Act,
42 U.S.C. 659a, and any foreign country (or political subdivision
thereof) with which a State has entered into a reciprocal arrangement
for the establishment and enforcement of support obligations consistent
with section 459A(d) of the Act. This section reflects Title IV-D State
plan requirements of sections 454(9), (20)(A), (32)(A) and 466(f) of
the Act, which respectively require interstate cooperation, cooperation
with foreign reciprocating countries and through the Uniform Interstate
Family Support Act of 2008 (UIFSA), and cooperation with Tribal IV-D
agencies. This section also reflects the requirements of the Full Faith
and Credit for Child Support Orders Act (FFCCSOA), 28 U.S.C. 1738B,
that requires States to recognize each other's support orders. This
section is not needed in regulation as the above-referenced statutes
collectively establish the requirement that States must provide the
full range of services in intergovernmental cases. In addition, Sec.
303.7 establishes specific requirements regarding intergovernmental
cooperation in child support enforcement services for States and Sec.
309.120 provides that Tribal IV-D agencies must cooperate with and
extend the full range of services under their IV-D plans to States and
other Tribal IV-D agencies. As such, this section is duplicative and
unnecessary, and removal of this section will not result in a change in
the operation of the child support program. Accordingly, this final
rule removes and reserves Sec. 302.36.
Comment: A commenter recommended retaining Sec. 302.36 because
they believe it serves a different function than the provisions cited
as duplicative. They explained that although Sec. 303.7 provides
detailed requirements for how States must process intergovernmental
cases, Sec. 302.36 plays a distinct role by requiring States to
include an attestation in their State plan committing to provide the
full range of intergovernmental IV-D services. The commenter noted that
Sec. 302.36 consolidates requirements drawn from multiple statutory
provisions related to interstate cooperation, cooperation with Tribal
IV-D agencies, and cooperation with foreign reciprocating countries.
They argued that removing the regulation would make research more
difficult because the statutory requirements are spread across several
sections of the Act, while Sec. 302.36 gathers them into one clear and
concise regulatory provision. They also expressed concern that, without
Sec. 302.36, OCSE may not have a specific regulatory basis to require
States to affirm this commitment within the State plan.
Response: The Department appreciates the commenter's interest in
retaining Sec. 302.36 to support clarity and ease of reference.
However, the statutory provisions governing intergovernmental
cooperation, including sections 454(9), 454(20)(A), 454(32)(A), and
466(f) of the Act, already establish that States must provide the full
range of child support services in intergovernmental cases and must
cooperate with other States, Tribes, and foreign jurisdictions. These
statutory requirements are comprehensive and binding, and they do not
rely on Sec. 302.36 to be effective. In addition, Sec. 303.7 provides
detailed operational requirements for processing all types of
intergovernmental IV-D cases. Tribal IV-D cooperation requirements are
also addressed in Sec. 309.120. Because Sec. 302.36 restates what the
statutes already mandate and does not add new obligations or clarify
operational procedures beyond what is already established in
regulation, its continued inclusion would result in duplication rather
than increased clarity. Removal of Sec. 302.36 does not limit OCSE's
authority to require States to comply with intergovernmental
cooperation obligations, nor does it change the services States must
provide in intergovernmental IV-D cases.
Sec. 302.38 Payments to the Family
This section describes the requirement that State plans include
payments being made to specific individuals. Originally, we determined
this section was not needed in regulation because section 454(11)(B) of
the Act (42 U.S.C. 645(11)(B)) is prescriptive as to requiring that
State plans must ``provide that any payment required to be made under
section 656 or 657 of this title to a family shall be made to the
resident parent, legal guardian, or caretaker relative having custody
of or responsibility for the child or children.'' However, based on the
comments received, the Department is persuaded that it is necessary to
retain Sec. 302.38 to prevent misinterpretation.
Comment: Commenters emphasized that Sec. 302.38 provides important
regulatory clarity regarding the individuals who must receive payments
made under sections 456 and 457 of the Act. They explained that
although the statute identifies several categories of eligible
recipients, the regulatory text captures additional scenarios that
occur in practice, including payments to judicially appointed
conservators and alternate caretakers designated by the custodial
parent. Commenters noted that retaining Sec. 302.38 reinforces
consistent application of payment rules nationwide, particularly in
cases involving multiple caretakers, temporary guardianship
arrangements, or other complex family structures. They also raised
concerns that eliminating Sec. 302.38 could lead States to
inconsistent interpretations or create uncertainty regarding payment
eligibility, including the prohibition on disbursing IV-D payments to
private collection firms.
Response: After careful review of the comments received, the
Department determined that retaining Sec. 302.38 best supports program
stability and ensures
[[Page 68051]]
uniform application of statutory and regulatory requirements.
Commenters made clear that the regulatory text helps prevent
misinterpretation by identifying additional eligible caretakers and
clearly establishing that payments must be issued directly to families
rather than private collection firms. Removing the section could
inadvertently create confusion or gaps in practice, especially in cases
involving nonrelative caretakers or judicially appointed conservators.
45 CFR Part 303 Standards for Program Operations
Sec. 303.0 Scope and Applicability of This Part
This section is a brief overview of part 303 which describes the
minimum organizational and staffing requirements and the standards for
program operation the State IV-D agency must meet in carrying out the
IV-D program. This section does not impose any additional requirements
or provide any further clarification of the subsequent regulations in
part 303. Because this section is duplicative and not otherwise
necessary for the implementation or enforcement of the child support
program, removal will not affect program operation. There were no
comments specifically on this section. Therefore, this final rule
removes and reserves Sec. 303.0.
Sec. 303.1 Definitions
This section states that the definitions found in Sec. 301.1 also
apply to part 303. Because Sec. 301.1 already provides general
definitions applicable throughout all IV-D regulations unless the
context otherwise indicates, Sec. 303.1 is duplicative. Therefore,
this final rule removes and reserves Sec. 303.1.
Comment: One commenter recommended retaining Sec. 303.1. They
stated that the section provides essential direction and clarity by
reiterating which definitions apply within part 303. The commenter
explained that keeping the definition cross-reference helps preserve
regulatory consistency and minimizes confusion, particularly for
readers who rely on part 303 as a distinct regulatory section. They
indicated that without Sec. 303.1, users may be uncertain about which
definitions govern the provisions in this part.
Response: The Department appreciates the commenter's interest in
retaining Sec. 303.1 to support clarity and consistency. However,
Sec. 301.1 already establishes that the general definitions apply
throughout all IV-D regulations unless the context otherwise indicates,
which includes part 303. Because Sec. 303.1 simply repeats this
instruction and does not add additional guidance, retaining it would
duplicate rather than enhance the regulatory framework. Removal of
duplicative text ensures that definitions remain centralized in one
place and reduces unnecessary repetition in the CFR.
Sec. 303.32 National Medical Support Notice
This section describes the National Medical Support Notice (NMSN)
requiring States to have laws to enforce the provision of health care
coverage for children of noncustodial parents and, at the State option,
custodial parents who are required to provide health coverage. The
Department has determined that this section is unnecessary because the
authorizing statute, section 466(a)(19) of the Act (42 U.S.C.
666(a)(19)) is prescriptive, and in conjunction with the NMSN form and
instructions, provides the necessary operational details for consistent
implementation of the law. As such, the removal of this regulation will
not result in a change in the operation of the child support program.
Accordingly, this final rule removes and reserves Sec. 303.32. This
final rule also makes technical edits to Sec. Sec. 303.7(d)(6)(iv),
304.20(b)(11), 308.2(e)(2), and 308.2(e)(3) to remove the reference to
Sec. 303.32 and replace it with ``section 466(a)(19) of the Act.''
Comment: Multiple commenters urged OCSE to retain Sec. 303.32,
stating that the regulation provides practical operational procedures
that are not stated in the statute. They highlighted three provisions
in particular: the process for contesting withholding based on a
mistake of fact, employer notification when a current medical support
order is no longer in effect, and plan selection when more than one
option is available. Commenters cautioned that removing these
procedures could lead to inconsistent practices among States,
employers, and plan administrators, and could delay or disrupt
children's health coverage. They also noted that while federal law
requires use of the NMSN, the regulatory text helps ensure uniform
implementation by clarifying roles and responsibilities, and that
relocating or retaining these procedures would better support day-to-
day compliance.
Response: The Department appreciates the commenters' focus on
maintaining clear, nationally consistent NMSN practices, but we
disagree retaining section 303.32 is necessary to achieve these goals.
Section 303.32 restates the statutory requirement at 42 U.S.C.
666(a)(19) that States use the NMSN to enforce medical support. Our
decision to remove and reserve Sec. 303.32 will not alter the legal
requirement to use the NMSN or the responsibilities of States,
employers, and plan administrators.
The Department agrees that certain operational details are
necessary for consistent implementation. As part of the Paperwork
Reduction Act (PRA) three-year review, the PRA-approved NMSN forms and
instructions, which establish uniform, nationally applicable procedures
for employers and agencies, are reviewed, maintained, and updated.
These materials go through the public comment process and are refined
to improve operational clarity, including guidance on contesting
withholding, issuing termination notifications, and selecting plans
when multiple options are available. OCSE oversees the NMSN materials
under OMB control numbers and regularly incorporates stakeholder
feedback gathered during PRA review cycles and related correspondence.
To ensure continuity, the Department will continue to use the PRA
process and sub-regulatory guidance to preserve key NMSN procedures.
The Department will evaluate whether to add explicit cross-references
within existing guidance so that users can readily find operational
steps that commenters identified as important for day-to-day
compliance. Removal of Sec. 303.32 does not change the obligation to
follow the NMSN forms and instructions, and OCSE will maintain those
materials to support consistent national practice.
45 CFR Part 304 Federal Financial Participation
Sec. 304.12 Incentive Payments
This section describes the computation process for determining
incentive payments for States prior to the Child Support Performance
and Incentive Act of 1998 (CSPIA). CSPIA created a new performance-
based incentive funding system for State IV-D programs, codified at
section 458 of the Act, 42 U.S.C. 658. With the implementation of 45
CFR part 305, which phased in and then fully replaced the prior
incentive system, Sec. 304.12 became obsolete on October 1, 2001. See
65 FR 82178. Section 201(b) of CSPIA established a three-year
transition period during which both the former and new systems were
used to determine State incentive amounts. Beginning in fiscal year
2002, the formula set forth under part 305 was fully implemented and
has governed all incentive calculations since that time. These
processes have long been superseded and the regulatory text in Sec.
304.12 no longer reflects current law
[[Page 68052]]
or practice, therefore this final rule removes and reserves Sec.
304.12. This final rule also makes technical edits to Sec. 302.55 to
remove to remove and replace the reference to ``Sec. 304.12'' with
``section 458 of the Act.''
Comment: One commenter supported removing regulations that are
genuinely obsolete and have no continuing operational value, and as
such did not oppose removal of regulatory text that exclusively
concerns the pre-2002 formula. However, the commenter emphasized that
incentive payments continue to be an essential source of State and
local program funding and urged OCSE to clearly state in the final rule
that rescinding Sec. 304.12 has no effect on the current incentive
system, State eligibility criteria, allowable reinvestment of incentive
funds, or the requirements in part 305 and section 458 of the Act. The
commenter also suggested including a brief crosswalk or pointer to the
current authorities governing incentive calculation, payment,
reinvestment, and reporting to ensure that removing obsolete text does
not create confusion about the continuing availability or treatment of
incentive funds.
Response: The Department appreciates the commenter's request for
reassurance about the continued operation of the current incentive
system. Section 304.12 describes the incentive formula and transitional
computation procedures that ceased to apply after fiscal year 2001. The
current incentive system is governed by section 458 of the Act and the
regulations in Part 305, which remain in effect and unchanged by this
action. Removing Sec. 304.12 does not affect State eligibility for
incentive payments, the calculation or payment of incentives, or the
requirements governing reinvestment and reporting of incentive funds.
All operational rules and authorities for incentives continue to reside
in existing law and regulation. Therefore, this final rule removes and
reserves Sec. 304.12.
Sec. 304.20 Availability and Rate of Federal Financial Participation
This section describes a list of eligible instances of Federal
financial participation (FFP). The list is not exhaustive, but rather a
partial set of examples illustrating types of activities that may
qualify for FFP. If requested, the Department may establish more robust
sub-regulatory guidance to provide further information on the
availability of FFP for other child support expenditures. As such, this
section was initially proposed for removal because it does not
establish new requirements and is not necessary to ensure compliance
with Title IV-D funding rules.
Comment: Commenters consistently expressed concern that removing
Sec. 304.20 could create confusion for States and stakeholders. They
explained that, even though the list in Sec. 304.20 is partial, it
serves as an important regulatory reference point that anchors fiscal
reporting, supports transparency, and helps administrators locate key
funding rules without having to rely exclusively on sub-regulatory
materials. Commenters cautioned that rescinding the section might
complicate understanding of allowable FFP claims and reduce clarity
needed for accurate fiscal management.
Response: After reviewing substantial opposition to the proposed
removal, the Department agrees that retaining Sec. 304.20 best
supports consistent program administration. Although the list is not
exhaustive, its presence in regulation provides a clear and familiar
reference that helps prevent misinterpretation of the types of
expenditures that may be eligible for FPP. Maintaining Sec. 304.20
ensures continuity for States and stakeholders and avoids unnecessary
confusion or disruption in fiscal reporting practices. Retaining the
section does not alter program operations or funding rules; it simply
preserves a regulatory anchor that complements existing statutory and
sub-regulatory guidance. Therefore, this final rule maintains Sec.
304.20.
45 CFR Part 305 Program Performance Measures, Standards, Financial
Incentives, and Penalties
Sec. 305.0 Scope
This section provides a brief overview of part 305 and the
statutory basis for the incentive system requirements, penalty
provisions, and Federal audit requirements as described by the Act.
This section does not impose any additional requirements or provide any
further clarification of the subsequent regulations in part 305, and is
not necessary for the implementation or enforcement of the child
support program. We received no comments specifically on this section.
Therefore, this final rule removes and reserves Sec. 305.0.
Sec. 305.42 Penalty Phase-In
This section describes the penalty phase-in period for States based
on data reported for fiscal year 2001. CSPIA established a new penalty
system under section 458 of the Act (formerly Section 458A) beginning
in fiscal year 2001. To implement the new penalty system, this
regulation established the base year for data (fiscal year 2000 data)
from which to determine improvements in performance during FY 2001. The
phase-in period described has long expired, and the section is
obsolete. We received no comments specifically on this section.
Therefore, this final rule removes and reserves Sec. 305.42.
Sec. 305.62 Disregard a Failure Which Is of a Technical Nature
This section describes that if a State is subject to a penalty
under Sec. 305.61(a)(1)(ii) or (iii) as a result of a failure of a
technical nature which does not adversely affect the performance of the
State IV-D program, the State may be determined, as appropriate, to
have submitted adequate data or to have achieved substantial compliance
with one or more of the IV-D requirements. This section is not needed
in regulation as it is a restatement of 42 U.S.C. 609(a)(8)(C).
Comment: One commenter recommended retaining Sec. 305.62. They
stated that although the section repeats statutory language, it serves
an important complementary function by presenting the statutory
provision alongside the surrounding regulatory framework in part 305.
The commenter explained that requiring States to consult the statute
rather than a regulation creates unnecessary administrative burden and
reduces efficiency. They suggested that Sec. 305.62 helps readers
quickly locate all related penalty provisions in one place, improves
usability, and supports clearer understanding of when technical
failures may be disregarded for penalty purposes.
Response: The Department appreciates the commenter's interest in
maintaining Sec. 305.62 for ease of reference. However, Sec. 305.62
does not provide any additional requirements or clarification beyond
what is already stated in 42 U.S.C. 609(a)(8)(C). Retaining Sec.
305.62 would result in duplication without providing added interpretive
value or operational guidance, while removing duplicative text supports
a more streamlined and organized regulatory structure. States and OCSE
remain able to rely on the statutory provision. Accordingly, this final
rule removes and reserves Sec. 305.62.
45 CFR Part 307 Computerized Support Enforcement Systems
Sec. 307.0 Scope of This Part
This section describes the sections of the Act implemented by Part
307. This section is not necessary to understand the Act or the
regulations that implement it, nor does it impose any
[[Page 68053]]
additional requirements. We received no comments specifically on this
section. Therefore, this final rule removes and reserves Sec. 307.0.
45 CFR Part 308 Annual State Self-Assessment Review and Report
Sec. 308.0 Scope
This section explains that part 308 establishes standards and
criteria for the State self-assessment review and report process as
required by section 454(15)(A) of the Act. This section is not needed
as the statutory authority for part 308 is clearly stated as section
454(15)(A) of the Act. We received no comments specifically on this
section. Therefore, this final rule removes and reserves Sec. 308.0.
Sec. 308.3 Optional Program Areas of Review
This section provides optional reporting items that can be included
in a State's Annual State Self-Assessment Review and Report. These
items are not required by statute and not otherwise needed to measure
State compliance with Federal requirements. When this section was
promulgated in December 2000, drafters stated that the goal was for
States to describe in these optional areas the successes or failures
that States were seeing in the operation of their program. The final
rule explains that a commenter thought this section should be deleted
from the regulation as it addresses optional areas of review and has no
statutory basis, and HHS responded that the Secretary has the authority
to regulate beyond the statute so long as it is necessary for the
efficient administration of the program. See 65 FR 77742.
Upon further evaluation, this section is not essential for the
efficient administration of the program as States can provide optional
information to other States and the Department with or without this
section. As such, it is not necessary that these optional program areas
of review be included in the child support program regulations. We
received no comments specifically on this section. Therefore, this
final rule removes and reserves Sec. 308.3.
45 CFR Part 309 Tribal Child Support Enforcement (IV-D) Programs
Sec. 309.01 What does this part cover?
This section provides a summary of what the remainder of the part
covers as well as the statutory provision that it implements. This
section is not needed in regulation as it is merely summarizing the
subsequent sections, and that they are required as a result of the
statute. The removal of this section from regulation will not result in
a change to the child support program's operation. We received no
comments specifically on this section. Therefore, this final rule
removes and reserves Sec. 309.01.
Sec. 309.55 What does this subpart cover?
This section provides a brief summary of what the remainder of the
subpart covers. This section is not needed in regulation as it is
merely summarizing the subsequent sections and does not impose any
additional requirements or provide any further clarification of the
subsequent sections. The removal of this section will not result in a
change to the child support program's operation. We received no
comments specifically on this section. Therefore, this final rule
removes and reserves Sec. 309.55.
Sec. 309.165 What recourse does a tribe or tribal organization have to
dispute a determination to disallow Tribal IV-D program expenditures?
This section states that Tribes will follow the grant appeals
procedures outlined in 45 CFR part 16 in the event of a dispute arising
from a decision to disallow Tribal IV-D program expenditures. This
section is not necessary because 45 CFR part 16, Appendix A specifies
that the Departmental Grant Appeals Board reviews disallowances under
Title IV of the Social Security Act. Thus, the removal of this section
will not change Tribes' ability to appeal a decision to disallow a
Tribal IV-D program expenditure or the procedures to do so. The removal
of this section will not result in the change of any operation of the
tribal child support program. We received no comments specifically on
this section. Therefore, this final rule removes and reserves Sec.
309.165.
45 CFR Part 310 Computerized Tribal IV-D Systems and Office Automation
Sec. 310.0 What does this part cover?
This section serves as a table of contents for the information
contained in Part 310. Because this section merely summarizes the
subsequent sections, the removal of this section will not result in a
change to the child support program's operation. We received no
comments specifically on this section. Therefore, this final rule
removes and reserves Sec. 310.0.
V. Regulatory Process Matters
Paperwork Reduction Act
Under the Paperwork Reduction Act (44 U.S.C. 3501 et seq., as
amended) (PRA), 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. This
final rule does not contain any information collection requirements
requiring OMB approval under the PRA and, therefore, will not create
any new paperwork burdens or modify existing burdens subject to OMB
review.
Executive Order 13132
Executive Order 13132 requires federal agencies to consult with
State and local government officials if they develop regulatory
policies with federalism implications. Federalism is rooted in the
belief that issues that are not national in scope or significance are
most appropriately addressed by the level of government close to the
people. This rule does not have substantial direct impact on the
States, on the relationship between the federal government and the
States, or on the distribution of power and responsibilities among the
various levels of government. This rule does not pre-empt State law.
This rule removes unnecessary and obsolete regulations from the Child
Support Enforcement rules. Therefore, in accordance with Section 6 of
Executive Order 13132, it is determined that this action does not have
sufficient federalism implications to warrant the preparation of a
federalism summary impact statement.
Assessment of Federal Regulations and Policies on Families
Assessment of Federal Regulations and Policies on Families Section
654 of the Treasury and General Government Appropriations Act of 1999
(Pub. L. 105-277) requires federal agencies to determine whether a
policy or regulation may negatively affect family well-being. If the
agency determines a policy or regulation negatively affects family
well-being, then the agency must prepare an impact assessment
addressing seven criteria specified in the law. HHS believes it is not
necessary to prepare a family policymaking assessment because the
actions in this rule will not have any impact on the autonomy or
integrity of the family as an institution.
VI. Regulatory Impact Analysis
We have examined the impacts of this rule under Executive Order
12866, Executive Order 13563, Executive Order 14192, the Regulatory
Flexibility Act (5 U.S.C. 601-612), and the Unfunded Mandates Reform
Act of 1995 (Pub. L. 104-4).
Executive Orders 12866 and 13563 direct us to assess all benefits
and costs
[[Page 68054]]
of available regulatory alternatives and, when regulation is necessary,
to select regulatory approaches that maximize net benefits. Executive
Order 14192 requires that any new incremental costs associated with
significant new regulations ``shall, to the extent permitted by law, be
offset by the elimination of existing costs associated with at least
ten prior regulations.'' The Office of Information and Regulatory
Affairs (OIRA) has determined that this final rule is a significant
action under Executive Order 12866 Section 3(f).
The Regulatory Flexibility Act (RFA) requires agencies to consider
the impact on small entities. Because this is simply repealing obsolete
and unnecessary language, we certify this final rule will not have a
significant economic impact on a substantial number of small entities.
The Unfunded Mandates Reform Act of 1995 (UMRA) generally requires
that each agency conduct a cost-benefit analysis; identify and consider
a reasonable number of regulatory alternatives; and select the least
costly, most cost effective, or least burdensome alternative that
achieves the objectives of the rule before promulgating any proposed or
final rule that includes a Federal mandate that may result in
expenditures of more than $100 million (adjusted for inflation) in at
least one year by State, local, and tribal governments, in the
aggregate, or by the private sector. Each agency issuing a rule with
relevant effects over that threshold must also seek input from State,
local, and tribal governments. The current threshold after adjustment
for inflation is $193 million, using the most current (2025) Implicit
Price Deflator for the Gross Domestic Product. This final rule would
not result in an expenditure in any year that meets or exceeds this
amount.
VII. Tribal Consultation Statement
Executive Order 13175, Consultation and Coordination with Indian
Tribal Governments, requires agencies to consult with Indian Tribes
when regulations have ``substantial direct effects on one or more
Indian Tribes, on the relationship between the Federal Government and
Indian Tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian Tribes.'' Similarly, ACF's
Tribal Consultation Policy says that consultation is triggered for any
legislative proposal, new rule adoption, or other policy change that
significantly affects Tribes, meaning there exists a reasonable
presumption that it has or may have substantial direct effects on one
or more Indian Tribes, on the relationship between the Federal
Government and Indian tribes, on the amount or duration of ACF program
funding, on the delivery of ACF programs or services to one or more
Indian Tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian Tribes. ACF is nevertheless
committed to consulting with Indian Tribes and Tribal leadership on
this action to the extent practicable and permitted by law.
List of Subjects
45 CFR Part 301
Child support, Grant programs--social programs, Reporting and
recordkeeping requirements.
45 CFR Part 302
Child support, Grant programs--social programs, Penalties,
Reporting and recordkeeping requirements, Unemployment compensation.
45 CFR Part 303
Child support, Grant programs--social programs, Reporting and
recordkeeping requirements.
45 CFR Part 304
Child support, Grant programs--social programs, Reporting and
recordkeeping requirements.
45 CFR Part 305
Accounting, Child support, Grant programs--social programs,
Penalties, Reporting and recordkeeping requirements, Statistics.
45 CFR Part 307
Child support, Computer technology, Grant programs--social
programs, Reporting and recordkeeping requirements.
45 CFR Part 308
Accounting, Child support, Grant programs--social programs,
Reporting and recordkeeping requirements.
45 CFR Part 309
Child support, Grant programs--social programs, Indians--tribal
government, Reporting and recordkeeping requirements.
45 CFR Part 310
Child support, Grant programs--social programs, Indians.
For the reasons discussed in the preamble, the Department of Health
and Human Services amends 45 CFR chapter III as follows:
PART 301--STATE PLAN APPROVAL AND GRANT PROCEDURES
0
1. The authority citation for part 301 continues to read as follows:
Authority: 42 U.S.C. 651 through 658, 659a, 660, 664, 666, 667,
1301, and 1302.
Sec. 301.0 [Removed and Reserved]
0
2. Remove and reserve Sec. 301.0.
Sec. 301.10 [Removed and Reserved]
0
3. Remove and reserve Sec. 301.10.
Sec. 301.16 [Amended]
0
4. In paragraph (a), remove the text ``Sec. Sec. 301.15 and 302.15 of
this chapter, respectively'' and replace it with the text ``section
455(d) of the Act, and Sec. 301.15 of this chapter''.
PART 302--STATE PLAN REQUIREMENTS
0
5. The authority citation for part 302 continues to read as follows:
Authority: 42 U.S.C. 651 through 658, 659a, 660, 664, 666, 667,
1302, 1396a(a)(25), 1396b(d)(2), 1396b(o), 1396b(p), and 1396(k).
Sec. 302.0 [Removed and Reserved]
0
6. Remove and reserve Sec. 302.0.
Sec. 302.1 [Removed and Reserved]
0
7. Remove and reserve Sec. 302.1.
Sec. 302.11 [Removed and Reserved]
0
8. Remove and reserve Sec. 302.11.
Sec. 302.12 [Amended]
0
9. In paragraph (a)(3), remove the text ``Sec. 302.34'' and replace it
with the text ``section 454(7) and (33) of the Act''.
Sec. 302.14 [Removed and Reserved]
0
10. Remove and reserve Sec. 302.14.
Sec. 302.15 [Removed and Reserved]
0
11. Remove and reserve Sec. 302.15.
Sec. 302.17 [Removed and Reserved]
0
12. Remove and reserve Sec. 302.17.
Sec. 302.30 [Removed and Reserved]
0
13. Remove and reserve Sec. 302.30.
Sec. 302.33 [Amended]
0
14. In paragraph (e)(4), remove the text ``Sec. 302.15 of this part''
and replace it with the text ``Sec. 301.11 of this part''.
Sec. 302.34 [Removed and Reserved]
0
15. Remove and reserve Sec. 302.34.
Sec. 302.36 [Removed and Reserved]
0
16. Remove and reserve Sec. 302.36.
[[Page 68055]]
Sec. 302.55 [Amended]
0
17. Remove the text ``Sec. 304.12'' and replace it with the text
``section 458 of the Act''.
PART 303--STANDARDS FOR PROGRAM OPERATIONS
0
18. The authority citation for part 303 continues to read as follows:
Authority: 42 U.S.C. 651 through 658, 659a, 660, 663, 664, 666,
667, 1302, 1396a(a)(25), 1396b(d)(2), 1396b(o), 1396b(p), and
1396(k), and 25 U.S.C. 1603(12) and 1621e.
Sec. 303.0 [Removed and Reserved]
0
19. Remove and reserve Sec. 303.0.
Sec. 303.1 [Removed and Reserved]
0
20. Remove and reserve Sec. 303.1.
Sec. 303.7 [Amended]
0
21. In paragraph (d)(6)(iv), remove the text ``Sec. Sec. 303.6,
303.31, 303.32'' and replace it with the text ``section 466(a)(19) of
the Act and Sec. Sec. 303.6, 303.31''.
Sec. 303.21 [Amended]
0
22. In paragraph (b), remove the text ``Sec. 302.34 of this part'' and
replace it with the text ``section 454(7) and (33) of the Act''.
Sec. 303.32 [Removed and Reserved]
0
23. Remove and reserve Sec. 303.32.
PART 304--FEDERAL FINANCIAL PARTICIPATION
0
24. The authority citation for part 304 continues to read as follows:
Authority: 42 U.S.C. 651 through 655, 657, 1302, 1396a(a)(25),
1396b(d)(2), 1396b(o), 1396b(p), and 1396(k).
Sec. 304.12 [Removed and Reserved]
0
25. Remove and reserve Sec. 304.12.
Sec. 304.20 [Amended]
0
26. Amend Sec. 304.20 by:
0
a. In paragraph (b)(1)(iii)(C), removing the text ``Sec. 302.34 of
this chapter'' and replacing it with the text ``section 454(7) and (33)
of the Act''; and
0
b. In paragraph (b)(11), removing the text ``Sec. Sec. 303.30, 303.31,
and 303.32'' and replacing it with ``section 466(a)(19) of the Act and
Sec. Sec. 303.30 and 303.31''.
Sec. 304.21 [Amended]
0
27. In paragraph (a), remove the text ``Sec. 302.34 of this chapter''
and replace it with the text ``section 454(7) of the Act''.
PART 305--PROGRAM PERFORMANCE MEASURES, STANDARDS, FINANCIAL
INCENTIVES, AND PENALTIES
0
28. The authority citation for part 305 continues to read as follows:
Authority: 42 U.S.C. 609(a)(8), 652(a)(4) and (g), 658a, and
1302.
Sec. 305.0 [Removed and Reserved]
0
29. Remove and reserve Sec. 305.0.
Sec. 305.42 [Removed and Reserved]
0
30. Remove and reserve Sec. 305.42.
Sec. 305.62 [Removed and Reserved]
0
31. Remove and reserve Sec. 305.62.
PART 307--COMPUTERIZED SUPPORT ENFORCEMENT SYSTEMS
0
33. The authority citation for part 307 continues to read as follows:
Authority: 42 U.S.C. 652 through 658, 664, 666 through 669A,
and 1302.
Sec. 307.0 [Removed and Reserved]
0
34. Remove and reserve Sec. 307.0.
PART 308--ANNUAL STATE SELF-ASSESSMENT REVIEW AND REPORT
0
35. The authority citation for part 308 continues to read as follows:
Authority: 42 U.S.C. 654(15)(A) and 1302.
Sec. 308.0 [Removed and Reserved]
0
36. Remove and reserve Sec. 308.0.
Sec. 308.2 [Amended]
0
37. Amend Sec. 308.2 by:
0
a. In paragraph (e)(2), removing the text ``Sec. 303.32 of this
chapter'' and replacing it with the text ``section 466(a)(19) of the
Act''; and
0
b. In paragraph (e)(3), removing the text ``Sec. 303.32 of this
chapter'' and replacing it with the text ``section 466(a)(19) of the
Act''.
Sec. 308.3 [Removed and Reserved]
0
38. Remove and reserve Sec. 308.3.
PART 309--TRIBAL CHILD SUPPORT ENFORCEMENT (IV-D) PROGRAM
0
39. The authority citation for part 309 continues to read as follows:
Authority: 42 U.S.C. 655(f) and 1302.
Sec. 309.01 [Removed and Reserved]
0
40. Remove and reserve Sec. 309.01.
Sec. 309.55 [Removed and Reserved]
0
41. Remove and reserve Sec. 309.55.
Sec. 309.165 [Removed and Reserved]
0
42. Remove and reserve Sec. 309.165.
PART 310--COMPUTERIZED TRIBAL IV-D SYSTEMS AND OFFICE AUTOMATION
0
43. The authority citation for part 310 continues to read as follows:
Authority: 42 U.S.C. 655(f) and 1302.
Sec. 310.0 [Removed and Reserved]
0
44. Remove and reserve Sec. 310.0.
Robert F. Kennedy, Jr.,
Secretary, Department of Health and Human Services.
[FR Doc. 2026-22116 Filed 10-28-26; 8:45 am]
BILLING CODE 4184-41-P
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</html>Indexed from Federal Register on October 29, 2026.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.