[Code of Federal Regulations]
[Title 45, Volume 2]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 45CFR309.145]

[Page 316-318]
 
                        TITLE 45--PUBLIC WELFARE
 
    CHAPTER III--OFFICE OF CHILD SUPPORT ENFORCEMENT (CHILD SUPPORT 
 
PART 309_TRIBAL CHILD SUPPORT ENFORCEMENT (IV-D) PROGRAM--Table of Contents
 
                  Subpart D_Tribal IV-D Program Funding
 
Sec. 309.145  What costs are allowable for Tribal IV-D programs carried 
out under Sec. 309.65(a) of this part?

    Federal funds are available for costs of operating a Tribal IV-D 
program under an approved Tribal IV-D application carried out under 
Sec. 309.65(a) of this part, provided that such costs are determined by 
the Secretary to be reasonable, necessary, and allocable to the program. 
Allowable activities and costs include:
    (a) Administration of the Tribal IV-D program, including but not 
limited to the following:
    (1) Establishment and administration of the Tribal IV-D plan;
    (2) Monitoring the progress of program development and operations, 
and evaluating the quality, efficiency, effectiveness, and scope of 
available support enforcement services;
    (3) Establishment of all necessary agreements with other Tribal, 
State, and local agencies or private providers for the provision of 
child support enforcement services in accordance with Procurement 
Standards found in 45 CFR part 74. These agreements may include:
    (i) Necessary administrative agreements for support services;
    (ii) Use of Tribal, Federal, State, and local information resources;

[[Page 317]]

    (iii) Cooperation with courts and law enforcement officials;
    (iv) Securing compliance with the requirements of the Tribal IV-D 
program plan in operations under any agreements;
    (v) Development and maintenance of systems for fiscal and program 
records and reports required to be made to OCSE based on these records; 
and
    (vi) Development of cost allocation systems.
    (b) Establishment of paternity, including:
    (1) Establishment of paternity in accordance with Tribal law codes, 
and/or custom in accordance with Sec. 309.100 of this part, as outlined 
in the approved Tribal IV-D plan;
    (2) Reasonable attempts to determine the identity of a child's 
father, such as:
    (i) Investigation;
    (ii) Development of evidence, including the use of genetic testing 
performed by accredited laboratories; and
    (iii) Pre-trial discovery;
    (3) Actions taken by a tribunal to establish paternity pursuant to 
procedures established by Tribal law, and/or codes or custom in 
accordance with Sec. 309.100 of this part;
    (4) Identifying accredited laboratories that perform genetic tests 
(as appropriate); and
    (5) Referrals of cases to another Tribal IV-D agency or to a State 
to establish paternity when appropriate.
    (c) Establishment, modification, and enforcement of support 
obligations, including:
    (1) Investigation, development of evidence and, when appropriate, 
court or administrative actions;
    (2) Determination of the amount of the support obligation (including 
determination of income and allowable non-cash support under Tribal IV-D 
guidelines, if appropriate);
    (3) Enforcement of a support obligation, including those activities 
associated with collections and the enforcement of court orders, 
administrative orders, warrants, income withholding, criminal 
proceedings, and prosecution of fraud related to child support; and
    (4) Investigation and prosecution of fraud related to child and 
spousal support cases receiving services under the IV-D plan.
    (d) Collection and disbursement of support payments, including:
    (1) Establishment and operation of an effective system for making 
collections and identifying delinquent cases and collecting from them;
    (2) Referral or transfer of cases to another Tribal IV-D agency or 
to a State IV-D program when appropriate; and
    (3) Services provided for another Tribal IV-D program or for a State 
IV-D program.
    (e) Establishment and operation of a Tribal Parent Locator Service 
(TPLS) or agreements for referral of cases to a State PLS, another 
Tribal PLS, or the Federal PLS for location purposes.
    (f) Activities related to requests to State IV-D programs for 
enforcement services for the Federal Income Tax Refund Offset.
    (g) Establishing and maintaining case records.
    (h) Automated data processing computer systems for:
    (1) Planning efforts in the identification, evaluation, and 
selection of a new or replacement automated data processing computer 
system solution addressing the program requirements defined in a Tribal 
plan;
    (2) Operation and maintenance of existing Tribal automated data 
processing computer systems;
    (3) Procurement, installation, operation and maintenance of 
essential office automation capability;
    (4) Establishment of intergovernmental agreements with States and 
Tribes for use of an existing automated data processing computer system 
necessary to support Tribal IV-D program operations; and
    (5) Other automation and automated data processing computer system 
costs in accordance with instructions and guidance issued by the 
Secretary.
    (i) Staffing and equipment that are directly related to operating a 
Tribal IV-D program.
    (j) The portion of salaries and expenses of a Tribe's chief 
executive and staff that is directly attributable to managing and 
operating a Tribal IV-D program.
    (k) The portion of salaries and expenses of tribunals and staff that 
is directly related to required Tribal IV-D program activities.

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    (l) Service of process.
    (m) Training on a short-term basis that is directly related to 
operating a Tribal IV-D program.
    (n) Costs associated with obtaining technical assistance that are 
directly related to operating a IV-D program, from non-Federal third-
party sources, including other Tribes, Tribal organizations, State 
agencies, and private organizations, and costs associated with providing 
such technical assistance to public entities.
    (o) Any other costs that are determined to be reasonable, necessary, 
and allocable to the Tribal IV-D program in accordance with the cost 
principles in OMB Circular A-87. The total amount that may be claimed 
under the Tribal IV-D grant are allowable direct costs, plus the 
allocable portion of allowable indirect costs, minus any applicable 
credits.
    (1) All claimed costs must be adequately documented; and
    (2) A cost is allocable if the goods or services involved are 
assignable to the grant according to the relative benefit received. Any 
cost that is allocable to one Federal award may not be charged to other 
Federal awards to overcome funding deficiencies, or for any other 
reason.