Section 1115 Waiver Requests for Tribal Innovation

TRIBAL DEAR COLLEAGUE LETTER

ACF-OCSS-TDCL-24-02

DATE: May 7, 2024

TO: Tribal IV-D Agencies

SUBJECT: Section 1115 Waiver Requests for Tribal Innovation

Final rule ACF-OCSS-AT-24-02 eliminates the non-federal share of program expenditures requirement for tribal child support programs. Because all eligible program expenditures are covered by title IV-D’s non-discretionary (formerly called mandatory) funding, tribal child support programs are no longer eligible for discretionary grant funding under Section 1115 of the Social Security Act, effective October 1, 2024. 

A tribal program seeking to conduct an experimental, pilot, or demonstration project consistent with a Notice of Funding Opportunity (NOFO) can instead submit a Section 1115 waiver request that addresses the program requirements in the NOFO. If the waiver request is approved, the tribe would not need to contribute a non-federal share, due to elimination of the tribal non-federal share requirement, and the project would be funded at 100% (up to $2 million) for the duration of the project (up to five years).

Tribal programs with interest in program innovations supported by Section 1115 demonstration grant funding are strongly encouraged to submit waiver requests for those activities instead of applying for published NOFOs. There are several advantages to requesting a waiver:

• Waiver applications are less burdensome than grant applications.
• Waiver funding is not awarded through a competitive process like a grant.
• OCSS can provide individualized technical assistance to tribal agencies throughout the waiver application process, but not through the grant application process.

OCSS anticipates that technical assistance for tribal waiver projects will be available as part of Section 1115 demonstration grant projects when the program designs align. OCSS also anticipates that state and tribal programs receiving Section 1115 grant and waiver funding, respectively, will benefit from peer-to-peer support and learning community participation.

For more information on Section 1115 waivers, see ACF-OCSS-IM-24-03.

INQUIRIES: OCSS Division of Program Innovation, OCSS.DPI@acf.hhs.gov 

Tanguler Gray
Commissioner
Office of Child Support Services