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 ( printed 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 §§ 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 §§ 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

§ 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 § 301.0.

§ 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 § 301.10.

Comment: One commenter expressed concern that, although § 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 ( printed page 68047) straightforward explanation of what a State plan entails.

Response: While the Department understands the desire to maintain a concise definitional statement, § 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 § 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 § 301.10 will not affect program operation or State plan expectations.

45 CFR Part 302 State Plan Requirements

§ 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 § 302.0.

§ 302.1 Definitions

This section provides that the definitions found in § 301.1 also apply to part 302. This requirement is duplicative as the introductory paragraph of § 301.1 provides that the definitions in § 301.1 apply throughout this chapter, i.e., parts 301-310, unless the context otherwise indicates. Because § 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 § 302.1.

Comment: One commenter argued that § 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 § 302.1 to reinforce clarity within part 302, this section does not provide any additional direction beyond what is already established in § 301.1. The general definitions in § 301.1 apply throughout all IV-D regulations unless the context otherwise indicates, including part 302. As a result, § 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 § 302.1 does not alter the applicability of definitions or affect any program obligations.

§ 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 § 302.11.

Comment: One commenter argued that § 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, § 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 § 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.

§ 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 § 301.15 and § 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. See2 CFR 200.302. Because § 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 § 302.14.

Comment: A commenter recommended retaining § 302.14, explaining that although the section may appear duplicative of general requirements in §§ 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 § 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 § 302.14 as a concise point of reference for fiscal accountability and records management requirements. However, § 302.14 does not create any ( printed page 68048) independent standards or obligations beyond those already contained in §§ 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, § 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 §§ 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 § 302.14 will not change fiscal accountability requirements or the operation of the child support program.

§ 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 § 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 §§ 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 § 302.33(e)(4) to remove and replace the reference to “§ 302.15” with “§ 301.11” and to § 301.16(a) to remove and replace the reference to “302.15” with “section 455(d) of the Act”. We acknowledge that § 305.63(a)(2) also includes a cross-reference to § 302.15, which ACF intends to revise in future rulemaking.

Comment: Two commenters encouraged OCSE to retain § 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 § 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 § 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 § 302.15 as a single, accessible source for record maintenance and reporting expectations. However, § 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 §§ 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.

§ 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 § 302.17 is not necessary because § 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, § 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 § 302.17.

Comment: A commenter stated that § 302.17 should be retained because, in their view, its requirements are not duplicated elsewhere in regulation or statute. They explained that § 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 § 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 § 302.17. However, the obligation to provide statutes, regulations and policies necessary for State plan approval is already established in § 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 § 302.17 simply restates what States are already required to provide under § 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 ( printed page 68049) regulations as part of the plan approval process.

§ 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 § 302.30.

Comment: A commenter encouraged OCSE to retain § 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 § 302.30 to support ease of reference and research. However, § 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 § 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.

§ 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 § 302.32 could inadvertently create uncertainty or suggest a shift in program expectations. For these reasons, this final rule maintains § 302.32.

Comment: During the comment period, we received significant and persuasive opposition to removing § 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 § 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 § 302.32 promotes clarity, consistency, and confidence in program requirements.

§ 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 § 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 § 302.33 is necessary to support program stability and prevent misinterpretation. Therefore, this final rule maintains § 302.33.

Comment: States, advocacy organizations, and other stakeholders expressed strong opposition to removing § 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 § 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 § 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 § 302.33, the Department determined that retaining § 302.33 is necessary to support program stability and prevent misinterpretation. While the underlying statutory requirements remain unchanged, retaining § 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.

§ 302.34 Cooperative Arrangements

This section states that the State plan must provide that the State will enter into cooperative arrangements under § 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 § 302.34. This final rule also makes technical edits to §§ 302.12(a)(3), 303.21(b), and 304.20(b)(1)(iii)(C) to remove the reference to § 302.34 and replace it with “section 454(7) and (33) of the Act.” Additionally, this final rule makes technical edits to § 304.21(a) to remove the reference to § 302.34 and replace it with “section 454(7) and (33) of the Act.” ( printed page 68050)

Comment: Two commenters argued that § 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 § 302.34 identifies these entities explicitly and therefore offers more complete and accessible guidance for State IV-D programs. They also noted that § 304.21, which defines “law enforcement officials” to include these entities, cites § 302.34 and will need updates if § 302.34 is removed. In addition, commenters stated that § 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 § 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 § 302.34 remains in regulation. Although § 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.

§ 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, § 303.7 establishes specific requirements regarding intergovernmental cooperation in child support enforcement services for States and § 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 § 302.36.

Comment: A commenter recommended retaining § 302.36 because they believe it serves a different function than the provisions cited as duplicative. They explained that although § 303.7 provides detailed requirements for how States must process intergovernmental cases, § 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 § 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 § 302.36 gathers them into one clear and concise regulatory provision. They also expressed concern that, without § 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 § 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 § 302.36 to be effective. In addition, § 303.7 provides detailed operational requirements for processing all types of intergovernmental IV-D cases. Tribal IV-D cooperation requirements are also addressed in § 309.120. Because § 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 § 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.

§ 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 § 302.38 to prevent misinterpretation.

Comment: Commenters emphasized that § 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 § 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 § 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 § 302.38 best supports program stability and ensures ( printed 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

§ 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 § 303.0.

§ 303.1 Definitions

This section states that the definitions found in § 301.1 also apply to part 303. Because § 301.1 already provides general definitions applicable throughout all IV-D regulations unless the context otherwise indicates, § 303.1 is duplicative. Therefore, this final rule removes and reserves § 303.1.

Comment: One commenter recommended retaining § 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 § 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 § 303.1 to support clarity and consistency. However, § 301.1 already establishes that the general definitions apply throughout all IV-D regulations unless the context otherwise indicates, which includes part 303. Because § 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.

§ 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 § 303.32. This final rule also makes technical edits to §§ 303.7(d)(6)(iv), 304.20(b)(11), 308.2(e)(2), and 308.2(e)(3) to remove the reference to § 303.32 and replace it with “section 466(a)(19) of the Act.”

Comment: Multiple commenters urged OCSE to retain § 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 § 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 § 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

§ 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, § 304.12 became obsolete on October 1, 2001. See65 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 § 304.12 no longer reflects current law ( printed page 68052) or practice, therefore this final rule removes and reserves § 304.12. This final rule also makes technical edits to § 302.55 to remove to remove and replace the reference to “§ 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 § 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 § 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 § 304.12.

§ 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 § 304.20 could create confusion for States and stakeholders. They explained that, even though the list in § 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 § 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 § 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 § 304.20.

45 CFR Part 305 Program Performance Measures, Standards, Financial Incentives, and Penalties

§ 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 § 305.0.

§ 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 § 305.42.

§ 305.62 Disregard a Failure Which Is of a Technical Nature

This section describes that if a State is subject to a penalty under § 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 § 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 § 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 § 305.62 for ease of reference. However, § 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 § 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 § 305.62.

45 CFR Part 307 Computerized Support Enforcement Systems

§ 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 ( printed page 68053) additional requirements. We received no comments specifically on this section. Therefore, this final rule removes and reserves § 307.0.

45 CFR Part 308 Annual State Self-Assessment Review and Report

§ 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 § 308.0.

§ 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. See65 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 § 308.3.

45 CFR Part 309 Tribal Child Support Enforcement (IV-D) Programs

§ 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 § 309.01.

§ 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 § 309.55.

§ 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 § 309.165.

45 CFR Part 310 Computerized Tribal IV-D Systems and Office Automation

§ 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 § 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 ( printed 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.

91 FR 68045