Child Support Technical Corrections Notice of Proposed Rulemaking, 64803-64807 [2018-27224]

Download as PDF Federal Register / Vol. 83, No. 242 / Tuesday, December 18, 2018 / Proposed Rules EPA proposes to conclude that Alabama has adequately addressed 40 CFR 51.308(h) because the visibility trends at the Sipsey Wilderness Area and at Class I areas outside of the State potentially impacted by sources within Alabama and the emissions trends of the largest emitters of visibility-impairing pollutants in the State indicate that the relevant RPGs will be met. III. Proposed Action EPA is proposing to approve Alabama’s June 26, 2018, Regional Haze Progress Report as meeting the applicable regional haze requirements set forth in 40 CFR 51.308(g) and 51.308(h). amozie on DSK3GDR082PROD with PROPOSALS1 IV. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable Federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA’s role is to approve state choices, provided that they meet the criteria of the CAA. This action merely proposes to approve state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this proposed action: • Is not a significant regulatory action subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); • Is not an Executive Order 13771 (82 FR 9339, February 2, 2017) regulatory action because SIP approvals are exempted under Executive Order 12866; • Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); • Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); • Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4); • Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); • Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); VerDate Sep<11>2014 17:26 Dec 17, 2018 Jkt 247001 • Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); • Is not subject to requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and • Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). The SIP is not approved to apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it impose substantial direct costs on tribal governments or preempt tribal law. List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. Dated: December 6, 2018. Mary S. Walker, Acting Regional Administrator, Region 4. [FR Doc. 2018–27357 Filed 12–17–18; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF HEALTH AND HUMAN SERVICES Administration for Children and Families 45 CFR Parts 302, 303, 307, and 309 RIN 0970–AC50 Child Support Technical Corrections Notice of Proposed Rulemaking Office of Child Support Enforcement (OCSE), Administration for Children and Families (ACF), Department of Health and Human Services (HHS). ACTION: Notice of proposed rulemaking; delay of compliance date. AGENCY: The Office of Child Support Enforcement proposes to eliminate regulations rendered outdated or unnecessary and make technical SUMMARY: PO 00000 Frm 00054 Fmt 4702 Sfmt 4702 64803 amendments to the Flexibility, Efficiency, and Modernization in Child Support Enforcement (FEM) final rule, published on December 20, 2016, including proposing to amend the compliance date for review and adjustment of child support orders. We are also proposing conforming amendments to the regulations as a result of Bipartisan Budget Act of 2018, Public Law 115–123. DATES: In order to be considered, we must receive written comments on this notice of proposed rulemaking (NPRM) on or before January 17, 2019. ADDRESSES: You may submit comments, identified by [docket number and/or Regulatory Information Number (RIN) number], by one of the following methods: • Federal eRulemaking Portal: http:// www.regulations.gov. Follow the instructions for submitting comments. • Mail: Written comments may be submitted to: Office of Child Support Enforcement, Attention: Director of Policy and Training, 330 C Street SW, Washington, DC 20201. Instructions: All submissions received must include the agency name and docket number or RIN for this rulemaking. All comments received will be posted without change to https:// www.regulations.gov, including any personal information provided. FOR FURTHER INFORMATION CONTACT: Tricia John, Division of Policy and Training, OCSE, telephone (202) 260– 7143. Email inquiries to ocse.dpt@ acf.hhs.gov. Deaf and hearing impaired individuals may call the Federal Dual Party Relay Service at 1–800–877–8339 between 8 a.m. and 7 p.m. Eastern Standard Time. SUPPLEMENTARY INFORMATION: Submission of Comments Comments should be specific, address issues raised by the proposed rule, propose alternatives where appropriate, explain reasons for any objections or recommended changes, and reference the specific action of the proposed rule that is being addressed. Additionally, we will be interested in comments that indicate agreement with changed or new proposals. We will not acknowledge receipt of the comments we receive. However, we will review and consider all comments that are germane and are received during the comment period. We will respond to these comments in the preamble to the Final Rule. Statutory Authority This NPRM is published under the authority granted to the Secretary of Health and Human Services by section E:\FR\FM\18DEP1.SGM 18DEP1 64804 Federal Register / Vol. 83, No. 242 / Tuesday, December 18, 2018 / Proposed Rules amozie on DSK3GDR082PROD with PROPOSALS1 1102 of the Social Security Act (Act), 42 U.S.C. 1302. Section 1102 of the Act authorizes the Secretary to publish regulations, not inconsistent with the Act, as may be necessary for the efficient administration of the functions with which the Secretary is responsible under the Act. Background These revisions are intended to carry out the President’s directives in Executive Orders (E.O.) 13771 and 13777. Executive Order 13777 requires each agency to establish a Regulatory Reform Task Force that shall evaluate existing regulations (as defined in section 4 of E.O. 13771) and make recommendations to the agency head regarding their repeal, replacement, or modification, consistent with applicable law. This rule proposes to eliminate identified regulatory requirements that are outdated and unnecessary. Additionally, this regulation proposes to make a few technical amendments that needed policy adjustments. The OCSE is proposing to revise the compliance date for Review and adjustment of child support orders in § 303.8(b)(7)(ii). This Federal requirement indicates that the State must, within 15 business days of learning that the noncustodial parent will be incarcerated for more than 180 calendar days, send notices to both parents informing them of the right to request review and, if appropriate, adjustment of the child support order. Currently, the FEM final rule indicates that the compliance date for this Federal requirement is 1 year from the date of publication of the final rule, or December 20, 2017, and if State law changes are needed, the compliance date will be the first day of the second calendar quarter beginning after the close of the first regular session of the State legislature that begins after the effective date of the final rule (January 20, 2017). However, after issuing the FEM final rule, it was brought to our attention that the compliance date for § 303.8(b)(7)(ii) would be impractical for those States that needed to revise their regulations to prohibit incarceration from being considered voluntary unemployment in accordance to § 302.56(c)(3). As a result, we are amending the compliance date for § 303.8(b)(7)(ii) to add that for those States that consider incarceration to be voluntary unemployment, the compliance date is 1 year after completion of the first quadrennial review of the State’s guidelines that commences more than 1 year after publication of the final rule (December 20, 2016). VerDate Sep<11>2014 17:26 Dec 17, 2018 Jkt 247001 On February 9, 2018, the President signed the Bipartisan Budget Act of 2018 Public Law (Pub. L.) 115–123. Section 53117 of Public Law 115–123, Modernizing child support enforcement fees, amends Section 454(6)(B)(ii) of the Social Security Act to increase the annual collection fee from $25 to $35. The law also revises the amount from $500 to $550 that the State must collect and disburse to the family before imposing the fee each Federal fiscal year. Additionally, to obtain more timely National Directory of New Hires (NDNH) data, we are proposing in § 303.108(c) to reduce the timeframe to report wage information to the NDNH from the end of the fourth month following the reporting period to the end of the first month following the reporting period, which would align the timeframes for when States must report wage data and unemployment compensation claims data. Effective and Compliance Dates The proposed effective date would be 60 days from the date of publication of this final rule. However, we are proposing delayed compliance dates, or the dates that States must comply with the final rule, for the following proposed regulatory changes: • Review and adjustment of child support orders [§ 303.8(b)(7)(ii)]: Currently, the compliance date for sending notices to both parents within 15 business days of when the IV–D agency learns that the noncustodial parent will be incarcerated for more than 180 days is 1 year from the date of publication of the FEM final rule (December 20, 2016). If State law revisions are needed, the compliance date is the first day of the second calendar quarter beginning after the close of the first regular session of the state legislature that begins after the effective date of the regulation (January 20, 2017). However, for those States that consider incarceration to be voluntary unemployment, this proposed rule will delay the compliance date for sending these notices [§ 303.8(b)(7)(ii)] to 1 year after completion of the first quadrennial review of the State’s guidelines that commences more than 1 year after publication of the FEM final rule (December 20, 2016). • Annual collection fee for individuals not receiving title IV–A assistance [§ 302.33(e)]: The compliance date is the first day of the first fiscal year that begins on or after the date of the enactment of the Bipartisan Budget Act of 2018, or October 1, 2018. If the Secretary of Health and Human Services determines that State legislation (other than legislation appropriating funds) is required for a State to meet the requirements imposed by the amendment in Section 454(6)(B)(ii) of the Social Security Act [42 U.S.C. 654(6)(B)(ii)], then the State shall not be regarded as failing to meet such requirements before the first day of the first calendar quarter beginning after the first regular session of the State legislature that begins after the date of the PO 00000 Frm 00055 Fmt 4702 Sfmt 4702 enactment of Public Law 115–123. However, if a State has a 2-year legislative session, each year of the session is deemed to be a separate regular session of the state legislature. • Quarterly wage and unemployment compensation claims reporting to the National Directory of New Hires [§ 303.108(c)]: The compliance date is one year after the publication of the final rule. We are inviting comments concerning the proposed effective and compliance dates. Section-by-Section Discussion of the Provisions of This Proposed Rule Section 302.33: Services to Individuals Not Receiving Title IV–A Assistance We propose to revise § 302.33(e) because Section 454(6)(B)(ii) of the Social Security Act was amended by Section 53117 of Public Law 115–123, Modernizing Child Support Enforcement Fees. The $25 annual fee was increased to $35. The amount the State must collect and disburse to the family each year before imposing the collection of the annual fee was changed from $500 to $550. Section 303.11: Case Closure Criteria We propose to revise paragraph (b)(9)(ii) to allow case closure when the noncustodial parent is also receiving concurrent Supplemental Security Income (SSI) and Social Security Retirement (SSR) benefits. The rationale for closing concurrent SSI/Social Security Disability Income (SSDI) cases applies equally to concurrent SSI/SSR cases because the noncustodial parent meets the low-income means-tested criteria for the SSI program. The concurrent SSI/SSR noncustodial parent receives no more income than a SSI/ SSDI recipient. SSDI and SSR benefits are related in that SSR benefits take the place of SSDI when an individual reaches retirement age. SSDI benefits are available to individuals who are disabled, have enough work income, and under the age of 65 or retirement age. When an individual turns 65 or retirement age, they become eligible for SSR benefits, which are also based on their work income. A recipient receives concurrent SSI and either SSDI or SSR benefits under title II of the Act when the disabled noncustodial parent qualifies for the means-tested SSI benefits on the basis of his or her income and assets, but also qualifies for the SSDI or SSR benefits. In these cases, the Social Security Administration pays a combination of benefits up to the SSI benefit level. Given that a noncustodial parent who is eligible for concurrent benefits meets the SSI means-tested criteria and receives the same benefit E:\FR\FM\18DEP1.SGM 18DEP1 Federal Register / Vol. 83, No. 242 / Tuesday, December 18, 2018 / Proposed Rules amount as a SSI beneficiary, it is appropriate to close these cases on the same basis as an SSI case. Section 303.71: Requests for FullCollection Services by the Secretary of the Treasury We propose to remove § 303.71, ‘‘Requests for full collection services by the Secretary of the Treasury.’’ Currently, there are only 23 cases that have been certified under this procedure between 2008 and 2013. Based on the Internal Revenue Service’s statute of limitations, they will close a fullcollection case after 10 years if there is no payment activity. States have not submitted any new cases for this enforcement procedure since 2013. Because the number of other more effective enforcement procedures available to States has grown, and given that States are no longer widely using this enforcement tool, we propose streamlining the regulations by removing the provision. Because the procedure is statutory, the removal of § 303.71 will not impact a State’s ability to use this procedure, pursuant to section 452(b) of the Act, if it so chooses. amozie on DSK3GDR082PROD with PROPOSALS1 Section 303.73: Applications To Use the Courts of the United States To Enforce Court Orders We propose to remove § 303.73, ‘‘Applications to use the courts of the United States to enforce court orders,’’ because it is no longer necessary. Sections 452(a)(8) and 460 of the Act permit the use of the courts of the United States, without regard to any amount in controversy, when another State has not undertaken to enforce a court order of an originating State against an absent parent within a reasonable time and the Secretary finds that use of the Federal courts is the only reasonable method of enforcing such order. Federal regulations at § 303.73 prescribe that a State seeking to use the Federal courts to enforce a child support order against an absent parent in another State may apply to the Secretary for permission to use a United States district court for such purpose based on instructions issued by OCSE. This regulation, originally promulgated at 45 CFR 302.72 in 1975, was needed to enforce interstate orders. An Action Transmittal (AT) issued February 6, 1976 (OCSE–AT–76–1) and revised May 12, 1976 (OCSE–AT–76–8) provides guidance for use of Federal courts and instructions to State IV–D agencies for preparation and submission of applications for certification to use a U.S. district court. VerDate Sep<11>2014 17:26 Dec 17, 2018 Jkt 247001 However, the ‘‘Preventing Sex Trafficking and Strengthening Families Act,’’ enacted on September 29, 2014 (Pub. L. 113–183), amended section 466(f) of the Social Security Act, requiring all States to enact 2008 amendments to the Uniform Interstate Family Support Act ‘‘officially adopted as of September 30, 2008 by the National Conference of Commissioners on Uniform State Laws’’ (referred to as UIFSA 2008). As a result, UIFSA 2008 makes this requirement obsolete since it establishes procedures for enforcing interstate orders. UIFSA 2008 defines a tribunal as a court, administrative agency, or quasi-judicial entity authorized to establish, enforce, or modify support orders or to determine parentage of a child. UIFSA also establishes rules/standards related to personal, subject matter, and long-arm jurisdiction and establishes procedures on registering/enforcing foreign orders. Section 303.108: Quarterly Wage and Unemployment Compensation Claims Reporting to the National Directory of New Hires Section 453A(g)(2)(B) of the Act, requires that the State Directory of New Hires shall, on a quarterly basis, furnish to the NDNH information concerning the wages and unemployment compensation paid to individuals, by such dates, in such format, and containing such information as the Secretary of Health and Human Services shall specify in regulations. In accordance with § 303.108(c), the State must report quarterly wage information no later than the end of the fourth month following the reporting period. However, the State reports quarterly unemployment compensation claim information no later than the end of the first month following the reporting period. We propose to revise § 303.108(c) to reduce the timeframe for reporting quarterly wage data to the end of the first month following the reporting period. This will align the time frames for when States must report wage data and unemployment compensation claims data to the NDNH and help ensure State child support programs receive data more timely to locate parents and to establish and enforce support orders and medical support orders. Section 307.11: Functional Requirements for Computerized Support Enforcement Systems in Operation by October 1, 2000 We propose to revise paragraph (c)(3) as a technical correction to the FEM final rule to include noncustodial PO 00000 Frm 00056 Fmt 4702 Sfmt 4702 64805 parents who receive concurrent Supplemental Security Income (SSI) and Social Security Retirement (SSR) benefits under title II of the Act. Additionally, we are adding ‘‘or through an income withholding order’’ so the State should be preventing garnishment from the noncustodial parent’s financial accounts or through an income withholding order. In other words, if a noncustodial parent is receiving concurrent SSI and either SSDI or SSR benefits, the State should not be sending an income withholding order directing the Social Security Administration to garnish the SSDI or SSR portion of the concurrent benefits. As we indicated under the Case closure criteria section (§ 303.11), a recipient receives concurrent SSI and either SSDI or SSR benefits under title II of the Act when the disabled noncustodial parent qualifies for the means-tested SSI benefits on the basis of his or her income and assets, but also qualifies for the SSDI or SSR benefits. In these cases, the Social Security Administration pays a combination of benefits up to the SSI benefit level. Given that a noncustodial parent who is eligible for concurrent benefits meets the SSI means-tested criteria and receives the same benefit amount as a SSI beneficiary, it is appropriate that neither the SSDI nor the SSR benefit is garnished by the State through either an income withholding order or from his or her financial accounts. However, if the noncustodial parent only receives a SSDI or SSR benefit, the State child support agency may continue to garnish these benefits. Likewise, we are making similar changes to paragraph (c)(3)(ii). If the State incorrectly garnishes a noncustodial parent concurrent benefits from SSI and either SSDI or SSR either from his or her financial account or directly through an income withholding order, the State must promptly return the monies within 5 business days after the State becomes aware that the noncustodial parent was receiving concurrent SSI and either SSDI or SSR benefits. Section 307.30: Federal Financial Participation at the 90 Percent Rate for Statewide Computerized Support Enforcement Systems We propose to remove § 307.30 because this section is outdated. We no longer have the authority to provide enhanced Federal financial participation (FFP) funding at the 90 percent rate for statewide computerized support enforcement systems. The 90 percent enhanced funding was only available for expenditures for the E:\FR\FM\18DEP1.SGM 18DEP1 64806 Federal Register / Vol. 83, No. 242 / Tuesday, December 18, 2018 / Proposed Rules planning, design, development, installation, or enhancement of a statewide computerized support enforcement system during the Federal fiscal years 1996 and 1997. Section 307.31: Federal Financial Participation at the 80 Percent Rate for Computerized Support Enforcement Systems We propose to remove § 307.31 because this section is outdated. We no longer have the authority to provide enhanced FFP funding at the 80 percent rate for statewide computerized support enforcement systems. The 80 percent enhanced funding was only available for expenditures for the planning, design, development, installation, or enhancement of a statewide computerized support enforcement system until September 30, 2001. Section 309.20: Who submits a Tribal IV–D program application and where? We propose to revise § 309.20(b) to remove an outdated address. Section 309.75: What administrative and management procedures must a Tribe or Tribal organization include in a Tribal IV–D plan? An Interim Final Rule effective December 26, 2014 (79 FR 75871), issued jointly by the Office of Management and Budget (OMB), HHS, and a number of Federal agencies, implements final guidance regarding ‘‘Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards’’ (Uniform Guidance). We are revising the reference regarding OMB Circular A–133, which was superseded by the Uniform Guidance effective December 26, 2014 (79 FR 75871), to the updated reference 45 CFR part 75, subpart F. Section 309.155: What uses of Tribal IV– D program funds are not allowable? We are revising the reference in § 309.155(g) regarding OMB Circular A– 87, which was superseded by the Uniform Guidance effective December 26, 2014 (79 FR 75871) to the updated reference 45 CFR part 75, subpart E. amozie on DSK3GDR082PROD with PROPOSALS1 Paperwork Reduction Act No new information collection requirements are imposed by these regulations, nor are any existing requirements changed as a result of their promulgation. Therefore, the requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)), regarding reporting and record keeping, do not apply. VerDate Sep<11>2014 17:26 Dec 17, 2018 Jkt 247001 Regulatory Flexibility Analysis The Secretary certifies that, under 5 U.S.C. 605(b), as enacted by the Regulatory Flexibility Act (Pub. L. 96– 354), this rule will not result in a significant impact on a substantial number of small entities. The primary impact is on State governments. State governments are not considered small entities under the Act. Regulatory Impact Analysis Executive Orders 12866, 13563, and 13771 Executive Orders 12866 and 13563 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. ACF consulted with the OMB and determined that this rule does meet the criteria for a significant regulatory action under E.O. 12866. Thus, it was subject to OMB review. ACF determined that the costs to title IV–D agencies as a result of this rule will not be significant as defined in E.O. 12866 (have an annual effect on the economy of $100 million or more or adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities). Because the rule is not economically significant as defined in E.O. 12866, no cost-benefit analysis needs to be included in this NPRM. This proposed rule, if finalized as proposed, would be considered an E.O. 13771 deregulatory action. Unfunded Mandates Reform Act of 1995 The Unfunded Mandates Reform Act (Pub. L. 104–4) requires agencies to prepare an assessment of anticipated costs and benefits before proposing any rule that may result in an annual expenditure by State, local, and tribal governments, in the aggregate, or by the private sector, of $100 million or more (adjusted annually for inflation). That threshold level is currently approximately $150 million. This proposed rule does not impose any mandates on State, local, or tribal governments, or the private sector that PO 00000 Frm 00057 Fmt 4702 Sfmt 4702 will result in an annual expenditure of $146 million or more. Congressional Review This regulation is not a major rule as defined in 5 U.S.C. chapter 8. Assessment of Federal Regulations and Policies on Families Section 654 of the Treasury and General Government Appropriations Act of 1999 requires Federal agencies to determine whether a proposed policy or regulation may affect family well-being. If the agency’s determination is affirmative, then the agency must prepare an impact assessment addressing seven criteria specified in the law. This regulation makes technical changes in the child support regulations. This regulation will not have an adverse impact on family wellbeing as defined in the legislation. Executive Order 13132 Executive Order 13132 prohibits an agency from publishing any rule that has federalism implications if the rule either imposes substantial direct compliance costs on State and local governments and is not required by statute, or the rule preempts State law, unless the agency meets the consultation and funding requirements of section 6 of the Executive Order. This rule does not have federalism impact as defined in the Executive Order. List of Subjects 45 CFR Part 302 Child support, State Plan Requirements. 45 CFR Part 303 Child support, Standards for program operations. 45 CFR Part 307 Child support, Computerized support enforcement systems. 45 CFR Part 309 Child support, Tribal child support enforcement (IV–D) program. (Catalog of Federal Domestic Assistance Programs No. 93.563, Child Support Enforcement Program.) Lynn A. Johnson, Assistant Secretary for Children and Families. Approved: November 19, 2018. Alex M. Azar II, Secretary. For the reasons set forth in the preamble, we propose to amend 45 CFR Chapter III, as set follows: E:\FR\FM\18DEP1.SGM 18DEP1 Federal Register / Vol. 83, No. 242 / Tuesday, December 18, 2018 / Proposed Rules period no later than the end of the first month following the reporting period. * * * * * PART 302—STATE PLAN REQUIREMENTS 1. 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). § 302.33 [Amended] 9. Amend § 307.11 by revising paragraphs (c)(3)(i) and (ii) as follows: § 307.11 Functional requirements for computerized support enforcement systems in operation by October 1, 2000 * * * * (e) Annual collection fee. * * * * * * * * PART 303—STANDARDS FOR PROGRAM OPERATIONS 3. The authority citation for part 303 reads 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. 4. Revise § 303.11 paragraph (b)(9)(ii) to read as follows: ■ Case closure criteria. * * * * * (b) * * * (9) * * * (i) * * * (ii) Both SSI payments and either Social Security Disability Insurance (SSDI) or Social Security Retirement (SSR) benefits under title II of the Act. * * * * * ■ ■ [Removed] 10. Remove § 307.30. § 307.31 [Removed] 11. Remove § 307.31. PART 309—TRIBAL CHILD SUPPORT ENFORCEMENT (IV–D) PROGRAM 12. The authority for part 309 continues to read as follows: ■ [Removed] Authority: 42 U.S.C. 655(f) and 1302. [Removed] § 309.20 6. Remove § 303.73. 7. Amend § 303.108 by revising paragraph (c) to read as follows: ■ ■ amozie on DSK3GDR082PROD with PROPOSALS1 * * * * (c) * * * (3) * * * (i) Identify cases that have been previously identified as involving a noncustodial parent who is a recipient of SSI payments or concurrent SSI payments and either Social Security Disability Insurance (SSDI) or Social Security retirement (SSR) benefits under title II of the Act, to prevent garnishment of these funds from the noncustodial parent’s financial account or through an income withholding order; and (ii) Return funds to a noncustodial parent within 5 business days after the agency determines that SSI payments or concurrent SSI payments and either SSDI or SSR benefits under title II of the Act have been incorrectly garnished from the noncustodial parent’s financial account or through an income withholding order. * * * * * § 307.30 5. Remove § 303.71. § 303.73 * * * * (c) What timeframes apply for reporting quarterly wage and unemployment compensation claims data? The State shall report wage and claim information for the reporting VerDate Sep<11>2014 17:26 Dec 17, 2018 Jkt 247001 [Amended] 13. Amend § 309.20 paragraph (b) by removing the words ‘‘Tribal Child Support Enforcement Program, 370 L’Enfant Promenade SW, Washington, DC 20447’’ and adding in its place, the words ‘‘Federal Office of Child Support Enforcement’’. ■ § 303.108 Quarterly wage and unemployment compensation claims reporting to the National Directory of New Hires * [FR Doc. 2018–27224 Filed 12–17–18; 8:45 am] DEPARTMENT OF HOMELAND SECURITY Coast Guard 46 CFR Part 10 [Docket No. USCG–2018–0041] * * ■ [Amended] 15. Amend § 309.155 paragraph (g) by removing the words ‘‘OMB Circular A– 87’’ and adding in its place, the words ‘‘45 CFR part 75, Subpart E’’. ■ BILLING CODE 4184–42–P ■ § 302.33 Services to individuals not receiving title IV–A assistance. § 303.71 8. The authority for part 307 continues to read as follows: ■ Authority: 42 U.S.C. 652 through 658, 664, 666 through 669A, and 1302. 2. Amend § 302.33 by: a. Revising (e) intro text paragraph; b. Removing in paragraph (e)(1), (2), (4), (5) wherever it appears the dollar amount ‘‘$25’’ and replacing it with ‘‘$35’’; and ■ c. Removing in paragraphs (e)(1)(i) and (3), wherever it appears the dollar amount ‘‘$500’’ and replacing it with ‘‘$550’’. The revision reads as follows: ■ ■ ■ § 303.11 PART 307—COMPUTERIZED SUPPORT ENFORCEMENT SYSTEMS § 309.155 64807 § 309.75 [Amended] 14. Amend § 309.75 paragraph (d) by removing the citation wording ‘‘OMB Circular A–133’’ and adding in its place, the words ‘‘45 CFR part 75, Subpart F’’. ■ PO 00000 Frm 00058 Fmt 4702 Sfmt 4702 Draft Merchant Mariner Medical Manual Coast Guard, DHS. Notice of availability, extension of public comment period. AGENCY: ACTION: The Coast Guard is extending, for 30 days, the period for submitting public comments on the notice of availability of the Draft Merchant Mariner Medical Manual. The extension responds to requests made by the public. SUMMARY: The comment period for the Notice of availability published on November 13, 2018 (83 FR 56272) is extended. Comments must be submitted to the online docket via http:// www.regulations.gov, or reach the Docket Management Facility, on or before February 13, 2019. ADDRESSES: You may submit comments identified by docket number USCG– 2018–0041 using the Federal eRulemaking Portal at http:// www.regulations.gov. See the ‘‘Public Participation and Request for Comments’’ portion of the SUPPLEMENTARY INFORMATION section for further instructions on submitting comments. DATES: For information about this document call or email Adrienne Buggs, M.D., United States Coast Guard, Office of Merchant Mariner Credentialing; telephone: 202– 372–2357, email: MMCPolicy@uscg.mil. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: Public Participation and Comments We encourage you to submit comments (or related material) on the draft Merchant Mariner Medical Manual. We will consider all submissions and may adjust our final action based on your comments. If you submit a comment, please include the docket number for this notice, indicate the specific section of the document to which each comment applies, and E:\FR\FM\18DEP1.SGM 18DEP1

Agencies

[Federal Register Volume 83, Number 242 (Tuesday, December 18, 2018)]
[Proposed Rules]
[Pages 64803-64807]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27224]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Administration for Children and Families

45 CFR Parts 302, 303, 307, and 309

RIN 0970-AC50


Child Support Technical Corrections Notice of Proposed Rulemaking

AGENCY: Office of Child Support Enforcement (OCSE), Administration for 
Children and Families (ACF), Department of Health and Human Services 
(HHS).

ACTION: Notice of proposed rulemaking; delay of compliance date.

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SUMMARY: The Office of Child Support Enforcement proposes to eliminate 
regulations rendered outdated or unnecessary and make technical 
amendments to the Flexibility, Efficiency, and Modernization in Child 
Support Enforcement (FEM) final rule, published on December 20, 2016, 
including proposing to amend the compliance date for review and 
adjustment of child support orders. We are also proposing conforming 
amendments to the regulations as a result of Bipartisan Budget Act of 
2018, Public Law 115-123.

DATES: In order to be considered, we must receive written comments on 
this notice of proposed rulemaking (NPRM) on or before January 17, 
2019.

ADDRESSES: You may submit comments, identified by [docket number and/or 
Regulatory Information Number (RIN) number], by one of the following 
methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Mail: Written comments may be submitted to: Office of 
Child Support Enforcement, Attention: Director of Policy and Training, 
330 C Street SW, Washington, DC 20201.
    Instructions: All submissions received must include the agency name 
and docket number or RIN for this rulemaking. All comments received 
will be posted without change to https://www.regulations.gov, including 
any personal information provided.

FOR FURTHER INFORMATION CONTACT: Tricia John, Division of Policy and 
Training, OCSE, telephone (202) 260-7143. Email inquiries to 
ocse.dpt@acf.hhs.gov. Deaf and hearing impaired individuals may call 
the Federal Dual Party Relay Service at 1-800-877-8339 between 8 a.m. 
and 7 p.m. Eastern Standard Time.

SUPPLEMENTARY INFORMATION:

Submission of Comments

    Comments should be specific, address issues raised by the proposed 
rule, propose alternatives where appropriate, explain reasons for any 
objections or recommended changes, and reference the specific action of 
the proposed rule that is being addressed. Additionally, we will be 
interested in comments that indicate agreement with changed or new 
proposals. We will not acknowledge receipt of the comments we receive. 
However, we will review and consider all comments that are germane and 
are received during the comment period. We will respond to these 
comments in the preamble to the Final Rule.

Statutory Authority

    This NPRM is published under the authority granted to the Secretary 
of Health and Human Services by section

[[Page 64804]]

1102 of the Social Security Act (Act), 42 U.S.C. 1302. Section 1102 of 
the Act authorizes the Secretary to publish regulations, not 
inconsistent with the Act, as may be necessary for the efficient 
administration of the functions with which the Secretary is responsible 
under the Act.

Background

    These revisions are intended to carry out the President's 
directives in Executive Orders (E.O.) 13771 and 13777. Executive Order 
13777 requires each agency to establish a Regulatory Reform Task Force 
that shall evaluate existing regulations (as defined in section 4 of 
E.O. 13771) and make recommendations to the agency head regarding their 
repeal, replacement, or modification, consistent with applicable law. 
This rule proposes to eliminate identified regulatory requirements that 
are outdated and unnecessary. Additionally, this regulation proposes to 
make a few technical amendments that needed policy adjustments.
    The OCSE is proposing to revise the compliance date for Review and 
adjustment of child support orders in Sec.  303.8(b)(7)(ii). This 
Federal requirement indicates that the State must, within 15 business 
days of learning that the noncustodial parent will be incarcerated for 
more than 180 calendar days, send notices to both parents informing 
them of the right to request review and, if appropriate, adjustment of 
the child support order. Currently, the FEM final rule indicates that 
the compliance date for this Federal requirement is 1 year from the 
date of publication of the final rule, or December 20, 2017, and if 
State law changes are needed, the compliance date will be the first day 
of the second calendar quarter beginning after the close of the first 
regular session of the State legislature that begins after the 
effective date of the final rule (January 20, 2017).
    However, after issuing the FEM final rule, it was brought to our 
attention that the compliance date for Sec.  303.8(b)(7)(ii) would be 
impractical for those States that needed to revise their regulations to 
prohibit incarceration from being considered voluntary unemployment in 
accordance to Sec.  302.56(c)(3). As a result, we are amending the 
compliance date for Sec.  303.8(b)(7)(ii) to add that for those States 
that consider incarceration to be voluntary unemployment, the 
compliance date is 1 year after completion of the first quadrennial 
review of the State's guidelines that commences more than 1 year after 
publication of the final rule (December 20, 2016).
    On February 9, 2018, the President signed the Bipartisan Budget Act 
of 2018 Public Law (Pub. L.) 115-123. Section 53117 of Public Law 115-
123, Modernizing child support enforcement fees, amends Section 
454(6)(B)(ii) of the Social Security Act to increase the annual 
collection fee from $25 to $35. The law also revises the amount from 
$500 to $550 that the State must collect and disburse to the family 
before imposing the fee each Federal fiscal year. Additionally, to 
obtain more timely National Directory of New Hires (NDNH) data, we are 
proposing in Sec.  303.108(c) to reduce the timeframe to report wage 
information to the NDNH from the end of the fourth month following the 
reporting period to the end of the first month following the reporting 
period, which would align the timeframes for when States must report 
wage data and unemployment compensation claims data.

Effective and Compliance Dates

    The proposed effective date would be 60 days from the date of 
publication of this final rule. However, we are proposing delayed 
compliance dates, or the dates that States must comply with the final 
rule, for the following proposed regulatory changes:

     Review and adjustment of child support orders [Sec.  
303.8(b)(7)(ii)]: Currently, the compliance date for sending notices 
to both parents within 15 business days of when the IV-D agency 
learns that the noncustodial parent will be incarcerated for more 
than 180 days is 1 year from the date of publication of the FEM 
final rule (December 20, 2016). If State law revisions are needed, 
the compliance date is the first day of the second calendar quarter 
beginning after the close of the first regular session of the state 
legislature that begins after the effective date of the regulation 
(January 20, 2017). However, for those States that consider 
incarceration to be voluntary unemployment, this proposed rule will 
delay the compliance date for sending these notices [Sec.  
303.8(b)(7)(ii)] to 1 year after completion of the first quadrennial 
review of the State's guidelines that commences more than 1 year 
after publication of the FEM final rule (December 20, 2016).
     Annual collection fee for individuals not receiving 
title IV-A assistance [Sec.  302.33(e)]: The compliance date is the 
first day of the first fiscal year that begins on or after the date 
of the enactment of the Bipartisan Budget Act of 2018, or October 1, 
2018. If the Secretary of Health and Human Services determines that 
State legislation (other than legislation appropriating funds) is 
required for a State to meet the requirements imposed by the 
amendment in Section 454(6)(B)(ii) of the Social Security Act [42 
U.S.C. 654(6)(B)(ii)], then the State shall not be regarded as 
failing to meet such requirements before the first day of the first 
calendar quarter beginning after the first regular session of the 
State legislature that begins after the date of the enactment of 
Public Law 115-123. However, if a State has a 2-year legislative 
session, each year of the session is deemed to be a separate regular 
session of the state legislature.
     Quarterly wage and unemployment compensation claims 
reporting to the National Directory of New Hires [Sec.  303.108(c)]: 
The compliance date is one year after the publication of the final 
rule.

    We are inviting comments concerning the proposed effective and 
compliance dates.

Section-by-Section Discussion of the Provisions of This Proposed Rule

Section 302.33: Services to Individuals Not Receiving Title IV-A 
Assistance

    We propose to revise Sec.  302.33(e) because Section 454(6)(B)(ii) 
of the Social Security Act was amended by Section 53117 of Public Law 
115-123, Modernizing Child Support Enforcement Fees. The $25 annual fee 
was increased to $35. The amount the State must collect and disburse to 
the family each year before imposing the collection of the annual fee 
was changed from $500 to $550.

Section 303.11: Case Closure Criteria

    We propose to revise paragraph (b)(9)(ii) to allow case closure 
when the noncustodial parent is also receiving concurrent Supplemental 
Security Income (SSI) and Social Security Retirement (SSR) benefits. 
The rationale for closing concurrent SSI/Social Security Disability 
Income (SSDI) cases applies equally to concurrent SSI/SSR cases because 
the noncustodial parent meets the low-income means-tested criteria for 
the SSI program. The concurrent SSI/SSR noncustodial parent receives no 
more income than a SSI/SSDI recipient. SSDI and SSR benefits are 
related in that SSR benefits take the place of SSDI when an individual 
reaches retirement age.
    SSDI benefits are available to individuals who are disabled, have 
enough work income, and under the age of 65 or retirement age. When an 
individual turns 65 or retirement age, they become eligible for SSR 
benefits, which are also based on their work income. A recipient 
receives concurrent SSI and either SSDI or SSR benefits under title II 
of the Act when the disabled noncustodial parent qualifies for the 
means-tested SSI benefits on the basis of his or her income and assets, 
but also qualifies for the SSDI or SSR benefits. In these cases, the 
Social Security Administration pays a combination of benefits up to the 
SSI benefit level. Given that a noncustodial parent who is eligible for 
concurrent benefits meets the SSI means-tested criteria and receives 
the same benefit

[[Page 64805]]

amount as a SSI beneficiary, it is appropriate to close these cases on 
the same basis as an SSI case.

Section 303.71: Requests for Full-Collection Services by the Secretary 
of the Treasury

    We propose to remove Sec.  303.71, ``Requests for full collection 
services by the Secretary of the Treasury.'' Currently, there are only 
23 cases that have been certified under this procedure between 2008 and 
2013. Based on the Internal Revenue Service's statute of limitations, 
they will close a full-collection case after 10 years if there is no 
payment activity. States have not submitted any new cases for this 
enforcement procedure since 2013. Because the number of other more 
effective enforcement procedures available to States has grown, and 
given that States are no longer widely using this enforcement tool, we 
propose streamlining the regulations by removing the provision. Because 
the procedure is statutory, the removal of Sec.  303.71 will not impact 
a State's ability to use this procedure, pursuant to section 452(b) of 
the Act, if it so chooses.

Section 303.73: Applications To Use the Courts of the United States To 
Enforce Court Orders

    We propose to remove Sec.  303.73, ``Applications to use the courts 
of the United States to enforce court orders,'' because it is no longer 
necessary. Sections 452(a)(8) and 460 of the Act permit the use of the 
courts of the United States, without regard to any amount in 
controversy, when another State has not undertaken to enforce a court 
order of an originating State against an absent parent within a 
reasonable time and the Secretary finds that use of the Federal courts 
is the only reasonable method of enforcing such order. Federal 
regulations at Sec.  303.73 prescribe that a State seeking to use the 
Federal courts to enforce a child support order against an absent 
parent in another State may apply to the Secretary for permission to 
use a United States district court for such purpose based on 
instructions issued by OCSE. This regulation, originally promulgated at 
45 CFR 302.72 in 1975, was needed to enforce interstate orders. An 
Action Transmittal (AT) issued February 6, 1976 (OCSE-AT-76-1) and 
revised May 12, 1976 (OCSE-AT-76-8) provides guidance for use of 
Federal courts and instructions to State IV-D agencies for preparation 
and submission of applications for certification to use a U.S. district 
court.
    However, the ``Preventing Sex Trafficking and Strengthening 
Families Act,'' enacted on September 29, 2014 (Pub. L. 113-183), 
amended section 466(f) of the Social Security Act, requiring all States 
to enact 2008 amendments to the Uniform Interstate Family Support Act 
``officially adopted as of September 30, 2008 by the National 
Conference of Commissioners on Uniform State Laws'' (referred to as 
UIFSA 2008). As a result, UIFSA 2008 makes this requirement obsolete 
since it establishes procedures for enforcing interstate orders. UIFSA 
2008 defines a tribunal as a court, administrative agency, or quasi-
judicial entity authorized to establish, enforce, or modify support 
orders or to determine parentage of a child. UIFSA also establishes 
rules/standards related to personal, subject matter, and long-arm 
jurisdiction and establishes procedures on registering/enforcing 
foreign orders.

Section 303.108: Quarterly Wage and Unemployment Compensation Claims 
Reporting to the National Directory of New Hires

    Section 453A(g)(2)(B) of the Act, requires that the State Directory 
of New Hires shall, on a quarterly basis, furnish to the NDNH 
information concerning the wages and unemployment compensation paid to 
individuals, by such dates, in such format, and containing such 
information as the Secretary of Health and Human Services shall specify 
in regulations. In accordance with Sec.  303.108(c), the State must 
report quarterly wage information no later than the end of the fourth 
month following the reporting period. However, the State reports 
quarterly unemployment compensation claim information no later than the 
end of the first month following the reporting period.
    We propose to revise Sec.  303.108(c) to reduce the timeframe for 
reporting quarterly wage data to the end of the first month following 
the reporting period. This will align the time frames for when States 
must report wage data and unemployment compensation claims data to the 
NDNH and help ensure State child support programs receive data more 
timely to locate parents and to establish and enforce support orders 
and medical support orders.

Section 307.11: Functional Requirements for Computerized Support 
Enforcement Systems in Operation by October 1, 2000

    We propose to revise paragraph (c)(3) as a technical correction to 
the FEM final rule to include noncustodial parents who receive 
concurrent Supplemental Security Income (SSI) and Social Security 
Retirement (SSR) benefits under title II of the Act. Additionally, we 
are adding ``or through an income withholding order'' so the State 
should be preventing garnishment from the noncustodial parent's 
financial accounts or through an income withholding order. In other 
words, if a noncustodial parent is receiving concurrent SSI and either 
SSDI or SSR benefits, the State should not be sending an income 
withholding order directing the Social Security Administration to 
garnish the SSDI or SSR portion of the concurrent benefits.
    As we indicated under the Case closure criteria section (Sec.  
303.11), a recipient receives concurrent SSI and either SSDI or SSR 
benefits under title II of the Act when the disabled noncustodial 
parent qualifies for the means-tested SSI benefits on the basis of his 
or her income and assets, but also qualifies for the SSDI or SSR 
benefits. In these cases, the Social Security Administration pays a 
combination of benefits up to the SSI benefit level. Given that a 
noncustodial parent who is eligible for concurrent benefits meets the 
SSI means-tested criteria and receives the same benefit amount as a SSI 
beneficiary, it is appropriate that neither the SSDI nor the SSR 
benefit is garnished by the State through either an income withholding 
order or from his or her financial accounts. However, if the 
noncustodial parent only receives a SSDI or SSR benefit, the State 
child support agency may continue to garnish these benefits.
    Likewise, we are making similar changes to paragraph (c)(3)(ii). If 
the State incorrectly garnishes a noncustodial parent concurrent 
benefits from SSI and either SSDI or SSR either from his or her 
financial account or directly through an income withholding order, the 
State must promptly return the monies within 5 business days after the 
State becomes aware that the noncustodial parent was receiving 
concurrent SSI and either SSDI or SSR benefits.

Section 307.30: Federal Financial Participation at the 90 Percent Rate 
for Statewide Computerized Support Enforcement Systems

    We propose to remove Sec.  307.30 because this section is outdated. 
We no longer have the authority to provide enhanced Federal financial 
participation (FFP) funding at the 90 percent rate for statewide 
computerized support enforcement systems. The 90 percent enhanced 
funding was only available for expenditures for the

[[Page 64806]]

planning, design, development, installation, or enhancement of a 
statewide computerized support enforcement system during the Federal 
fiscal years 1996 and 1997.

Section 307.31: Federal Financial Participation at the 80 Percent Rate 
for Computerized Support Enforcement Systems

    We propose to remove Sec.  307.31 because this section is outdated. 
We no longer have the authority to provide enhanced FFP funding at the 
80 percent rate for statewide computerized support enforcement systems. 
The 80 percent enhanced funding was only available for expenditures for 
the planning, design, development, installation, or enhancement of a 
statewide computerized support enforcement system until September 30, 
2001.

Section 309.20: Who submits a Tribal IV-D program application and 
where?

    We propose to revise Sec.  309.20(b) to remove an outdated address.

Section 309.75: What administrative and management procedures must a 
Tribe or Tribal organization include in a Tribal IV-D plan?

    An Interim Final Rule effective December 26, 2014 (79 FR 75871), 
issued jointly by the Office of Management and Budget (OMB), HHS, and a 
number of Federal agencies, implements final guidance regarding 
``Uniform Administrative Requirements, Cost Principles and Audit 
Requirements for Federal Awards'' (Uniform Guidance). We are revising 
the reference regarding OMB Circular A-133, which was superseded by the 
Uniform Guidance effective December 26, 2014 (79 FR 75871), to the 
updated reference 45 CFR part 75, subpart F.

Section 309.155: What uses of Tribal IV-D program funds are not 
allowable?

    We are revising the reference in Sec.  309.155(g) regarding OMB 
Circular A-87, which was superseded by the Uniform Guidance effective 
December 26, 2014 (79 FR 75871) to the updated reference 45 CFR part 
75, subpart E.

Paperwork Reduction Act

    No new information collection requirements are imposed by these 
regulations, nor are any existing requirements changed as a result of 
their promulgation. Therefore, the requirements of the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3507(d)), regarding reporting and 
record keeping, do not apply.

Regulatory Flexibility Analysis

    The Secretary certifies that, under 5 U.S.C. 605(b), as enacted by 
the Regulatory Flexibility Act (Pub. L. 96-354), this rule will not 
result in a significant impact on a substantial number of small 
entities. The primary impact is on State governments. State governments 
are not considered small entities under the Act.

Regulatory Impact Analysis

Executive Orders 12866, 13563, and 13771

    Executive Orders 12866 and 13563 direct agencies to assess all 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). Executive 
Order 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. ACF consulted with the OMB and determined that this rule 
does meet the criteria for a significant regulatory action under E.O. 
12866. Thus, it was subject to OMB review. ACF determined that the 
costs to title IV-D agencies as a result of this rule will not be 
significant as defined in E.O. 12866 (have an annual effect on the 
economy of $100 million or more or adversely affect in a material way 
the economy, a sector of the economy, productivity, competition, jobs, 
the environment, public health or safety, or State, local, or tribal 
governments or communities). Because the rule is not economically 
significant as defined in E.O. 12866, no cost-benefit analysis needs to 
be included in this NPRM. This proposed rule, if finalized as proposed, 
would be considered an E.O. 13771 deregulatory action.

Unfunded Mandates Reform Act of 1995

    The Unfunded Mandates Reform Act (Pub. L. 104-4) requires agencies 
to prepare an assessment of anticipated costs and benefits before 
proposing any rule that may result in an annual expenditure by State, 
local, and tribal governments, in the aggregate, or by the private 
sector, of $100 million or more (adjusted annually for inflation). That 
threshold level is currently approximately $150 million. This proposed 
rule does not impose any mandates on State, local, or tribal 
governments, or the private sector that will result in an annual 
expenditure of $146 million or more.

Congressional Review

    This regulation is not a major rule as defined in 5 U.S.C. chapter 
8.

Assessment of Federal Regulations and Policies on Families

    Section 654 of the Treasury and General Government Appropriations 
Act of 1999 requires Federal agencies to determine whether a proposed 
policy or regulation may affect family well-being. If the agency's 
determination is affirmative, then the agency must prepare an impact 
assessment addressing seven criteria specified in the law. This 
regulation makes technical changes in the child support regulations. 
This regulation will not have an adverse impact on family well-being as 
defined in the legislation.

Executive Order 13132

    Executive Order 13132 prohibits an agency from publishing any rule 
that has federalism implications if the rule either imposes substantial 
direct compliance costs on State and local governments and is not 
required by statute, or the rule preempts State law, unless the agency 
meets the consultation and funding requirements of section 6 of the 
Executive Order. This rule does not have federalism impact as defined 
in the Executive Order.

List of Subjects

45 CFR Part 302

    Child support, State Plan Requirements.

45 CFR Part 303

    Child support, Standards for program operations.

45 CFR Part 307

    Child support, Computerized support enforcement systems.

45 CFR Part 309

    Child support, Tribal child support enforcement (IV-D) program.

(Catalog of Federal Domestic Assistance Programs No. 93.563, Child 
Support Enforcement Program.)

Lynn A. Johnson,
Assistant Secretary for Children and Families.
    Approved: November 19, 2018.
Alex M. Azar II,
Secretary.
    For the reasons set forth in the preamble, we propose to amend 45 
CFR Chapter III, as set follows:

[[Page 64807]]

PART 302--STATE PLAN REQUIREMENTS

0
1. 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.  302.33   [Amended]

0
2. Amend Sec.  302.33 by:
0
a. Revising (e) intro text paragraph;
0
b. Removing in paragraph (e)(1), (2), (4), (5) wherever it appears the 
dollar amount ``$25'' and replacing it with ``$35''; and
0
c. Removing in paragraphs (e)(1)(i) and (3), wherever it appears the 
dollar amount ``$500'' and replacing it with ``$550''.
    The revision reads as follows:


Sec.  302.33   Services to individuals not receiving title IV-A 
assistance.

* * * * *
    (e) Annual collection fee. * * *
* * * * *

PART 303--STANDARDS FOR PROGRAM OPERATIONS

0
3. The authority citation for part 303 reads 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.

0
4. Revise Sec.  303.11 paragraph (b)(9)(ii) to read as follows:


Sec.  303.11  Case closure criteria.

* * * * *
    (b) * * *
    (9) * * *
    (i) * * *
    (ii) Both SSI payments and either Social Security Disability 
Insurance (SSDI) or Social Security Retirement (SSR) benefits under 
title II of the Act.
* * * * *


Sec.  303.71   [Removed]

0
5. Remove Sec.  303.71.


Sec.  303.73   [Removed]

0
6. Remove Sec.  303.73.
0
7. Amend Sec.  303.108 by revising paragraph (c) to read as follows:


Sec.  303.108  Quarterly wage and unemployment compensation claims 
reporting to the National Directory of New Hires

* * * * *
    (c) What timeframes apply for reporting quarterly wage and 
unemployment compensation claims data? The State shall report wage and 
claim information for the reporting period no later than the end of the 
first month following the reporting period.
* * * * *

PART 307--COMPUTERIZED SUPPORT ENFORCEMENT SYSTEMS

0
8. The authority for part 307 continues to read as follows:

    Authority:  42 U.S.C. 652 through 658, 664, 666 through 669A, 
and 1302.

0
9. Amend Sec.  307.11 by revising paragraphs (c)(3)(i) and (ii) as 
follows:


Sec.  307.11  Functional requirements for computerized support 
enforcement systems in operation by October 1, 2000

* * * * *
    (c) * * *
    (3) * * *
    (i) Identify cases that have been previously identified as 
involving a noncustodial parent who is a recipient of SSI payments or 
concurrent SSI payments and either Social Security Disability Insurance 
(SSDI) or Social Security retirement (SSR) benefits under title II of 
the Act, to prevent garnishment of these funds from the noncustodial 
parent's financial account or through an income withholding order; and
    (ii) Return funds to a noncustodial parent within 5 business days 
after the agency determines that SSI payments or concurrent SSI 
payments and either SSDI or SSR benefits under title II of the Act have 
been incorrectly garnished from the noncustodial parent's financial 
account or through an income withholding order.
* * * * *


Sec.  307.30   [Removed]

0
10. Remove Sec.  307.30.


Sec.  307.31   [Removed]

0
11. Remove Sec.  307.31.

PART 309--TRIBAL CHILD SUPPORT ENFORCEMENT (IV-D) PROGRAM

0
12. The authority for part 309 continues to read as follows:

    Authority: 42 U.S.C. 655(f) and 1302.


Sec.  309.20   [Amended]

0
13. Amend Sec.  309.20 paragraph (b) by removing the words ``Tribal 
Child Support Enforcement Program, 370 L'Enfant Promenade SW, 
Washington, DC 20447'' and adding in its place, the words ``Federal 
Office of Child Support Enforcement''.


Sec.  309.75   [Amended]

0
14. Amend Sec.  309.75 paragraph (d) by removing the citation wording 
``OMB Circular A-133'' and adding in its place, the words ``45 CFR part 
75, Subpart F''.


Sec.  309.155   [Amended]

0
15. Amend Sec.  309.155 paragraph (g) by removing the words ``OMB 
Circular A-87'' and adding in its place, the words ``45 CFR part 75, 
Subpart E''.

[FR Doc. 2018-27224 Filed 12-17-18; 8:45 am]
 BILLING CODE 4184-42-P