Notice of the June 17, 2008 Millennium Challenge Corporation Board of Directors Meeting; Sunshine Act Meeting, 32604 [08-1335]
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32604
Federal Register / Vol. 73, No. 111 / Monday, June 9, 2008 / Notices
3. Background. States have long been
required to deduct and withhold certain
child support obligations from UC. (See
Section (303)(e)(2), SSA, and UIPL No.
45–89.) In 2005, Section 7310 of the
DRA amended Federal law to mandate
that state child support agencies impose
an annual fee of $25 for collecting child
support obligations under certain
circumstances. In response to this
mandate, some states have chosen to
amend their laws and regulations. This
UIPL is issued to assist the states in
assuring that any such amendments are
consistent with Federal UC law.
4. Federal Law. Section 3304(a)(4),
FUTA, requires, as a condition for
employers in a state to receive credit
against the Federal tax, that state law
provide that—
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All money withdrawn from the
unemployment fund of the State shall be
used solely in the payment of unemployment
compensation, exclusive of expenses of
administration, and for refunds of sums
erroneously paid into such fund. * * *
Section 303(a)(5), SSA, provides a
similar requirement as a condition for a
state to receive administrative grants.
These provisions, known as the
‘‘withdrawal standard,’’ mean that
money may only be withdrawn from the
unemployment fund for payment of
‘‘compensation,’’ with certain specified
exceptions. Section 3306(h), FUTA,
defines ‘‘compensation’’ as ‘‘cash
benefits payable to individuals with
respect to their unemployment.’’ One
exception to the withdrawal standard is
found in Section 303(e)(2)(A), SSA,
which requires a state UC agency to
‘‘deduct and withhold from any [UC]
otherwise payable to an individual
* * *’’ amounts to pay ‘‘child support
obligations’’ pursuant to part D of Title
IV of the SSA.
Section 7310 of the DRA added
Section 454(6)(B)(ii) to the SSA,
pertaining to state plans for child
support, to require that, for each case
where the custodial parent ‘‘has never
received’’ Temporary Assistance for
Needy Families, the state child support
agency is to ‘‘impose an annual fee of
$25 for each case in which services are
furnished, which shall be retained by
the State from support collected, * * *
paid by the individual applying for the
services, recovered from the absent
parent, or paid by the State out of its
own funds. * * *’’ (Emphasis added.)
The amendment also added Section
457(a)(3), SSA, to provide that ‘‘the
State shall distribute to the family the
portion of the amount so collected that
remains after withholding any fee.
* * *’’ (Emphasis added.) The DRA did
not amend Federal UC law.
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5. Interpretation. Exceptions to the
withdrawal standard are narrowly
construed. Section 3 of UIPL No. 45–89
explained ‘‘that deductions may be
made only when authorized by Federal
law.’’ Paragraph 4.b of the UIPL added
that, with specified exceptions, state
law must provide that UC benefit
payments ‘‘be exempt from levy,
execution, attachment, order for the
payment of attorneys fees or court costs,
or any other remedy for the collection
of public or private debts, prior to
receipt by the claimant.’’ Therefore,
absent an explicit statutory
authorization, states may not deduct
and withhold a processing fee from UC.
Since the DRA did not amend Federal
UC law, states may not deduct and
withhold a processing fee from a
claimant’s UC when deducting child
support.
The DRA did, however, amend
Federal law to provide that ‘‘collected’’
child support obligations may be used
to pay the mandatory fee. As a result,
after the full amount of the child
support obligation has been deducted
from a claimant’s UC and sent to the
state child support agency, the child
support agency may, consistent with
Section 7310, DRA, withhold the
processing fee before sending the
balance of the child support collected to
the child support recipient.
States are reminded that, when
crafting legislation or regulations to
implement the provisions of the DRA,
care should be taken to ensure the
requirements of the withdrawal
standard, as interpreted in this UIPL, are
met. In short, a state law or regulation
may not authorize the payment of the
child support fee directly from UC, but
it may authorize the payment of the fee
from child support collected by the state
child support agency consistent with
Section 303(e)(2), SSA.
6. Action Required. State
administrators are requested to review
existing state law provisions and agency
practices involving the child support
intercept program to ensure consistency
with Federal UC law requirements.
[FR Doc. E8–12810 Filed 6–6–08; 8:45 am]
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MILLENNIUM CHALLENGE
CORPORATION
[MCC FR 08–06]
Notice of the June 17, 2008 Millennium
Challenge Corporation Board of
Directors Meeting; Sunshine Act
Meeting
Millennium Challenge
Corporation.
TIME AND DATE: 10 a.m. to 12 p.m.,
Tuesday, June 17, 2008.
PLACE: Department of State, 2201 C
Street, NW., Washington, DC 20520.
FOR FURTHER INFORMATION CONTACT:
Information on the meeting may be
obtained from Suzi M. Morris via e-mail
at Board@mcc.gov or by telephone at
(202) 521–3600.
STATUS: Meeting will be closed to the
public.
MATTERS TO BE CONSIDERED: The Board
of Directors (the ‘‘Board’’) of the
Millennium Challenge Corporation
(‘‘MCC’’) will hold a meeting to discuss
and consider country-specific compact
development issues and compact
implementation issues affecting a
number of MCC’s countries; and certain
administrative matters.
The agenda items are expected to
involve the discussion of classified
information and the meeting will be
closed to the public.
AGENCY:
Dated: June 5, 2008.
William G. Anderson, Jr.,
Vice President and General Counsel,
Millennium Challenge Corporation.
[FR Doc. 08–1335 Filed 6–5–08; 12:53 pm]
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NATIONAL ARCHIVES AND RECORDS
ADMINISTRATION
Agency Information Collection
Activities: Proposed Collection;
Comment Request
National Archives and Records
Administration (NARA).
ACTION: Notice.
AGENCY:
SUMMARY: NARA is giving public notice
that the agency proposes to request
extension of a currently approved
information collection used by
individuals applying for a research card
which is needed to use original archival
records in a National Archives and
Records Administration facility. The
public is invited to comment on the
proposed information collection
pursuant to the Paperwork Reduction
Act of 1995.
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[Federal Register Volume 73, Number 111 (Monday, June 9, 2008)]
[Notices]
[Page 32604]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 08-1335]
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MILLENNIUM CHALLENGE CORPORATION
[MCC FR 08-06]
Notice of the June 17, 2008 Millennium Challenge Corporation
Board of Directors Meeting; Sunshine Act Meeting
AGENCY: Millennium Challenge Corporation.
Time and Date: 10 a.m. to 12 p.m., Tuesday, June 17, 2008.
Place: Department of State, 2201 C Street, NW., Washington, DC 20520.
FOR FURTHER INFORMATION CONTACT: Information on the meeting may be
obtained from Suzi M. Morris via e-mail at Board@mcc.gov or by
telephone at (202) 521-3600.
Status: Meeting will be closed to the public.
Matters to be Considered: The Board of Directors (the ``Board'') of the
Millennium Challenge Corporation (``MCC'') will hold a meeting to
discuss and consider country-specific compact development issues and
compact implementation issues affecting a number of MCC's countries;
and certain administrative matters.
The agenda items are expected to involve the discussion of
classified information and the meeting will be closed to the public.
Dated: June 5, 2008.
William G. Anderson, Jr.,
Vice President and General Counsel, Millennium Challenge Corporation.
[FR Doc. 08-1335 Filed 6-5-08; 12:53 pm]
BILLING CODE 9211-03-P
