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: https://
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 https://
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 https://
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]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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: https://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