FCR_Supporting_Statement

FCR_Supporting_Statement.docx

Federal Case Registry

OMB: 0970-0421

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Supporting Statement For

OMB Clearance



Federal Case Registry

0970-0421


July 2017


















Prepared by:


U.S. Department of Health and Human Services

Administration for Children and Families

Office of Child Support Enforcement

330 C Street, SW, Washington, DC 20201









TABLE OF CONTENTS



Section Page


A. JUSTIFICATION 3


1. Circumstances Making the Collection of Information Necessary 3

2. Purpose and Use of the Information Collection 3

3. Use of Improved Technology and Burden Reduction 4

4. Efforts to Identify Duplication and Use of Similar Information 4

5. Impact on Small Businesses or Other Small Entities 4

6. Consequences of Collecting the Information Less Frequently 4

7. Special Circumstances Relating to the Guidelines of 5 CFR 1320.5 4

8. Comments in Response to the Federal Register Notice and Efforts to Consult Outside the Agency 5

9. Explanation of Any Payment or Gift to Respondents 5

10. Assurance of Confidentiality Provided to Respondents 5

11. Justification for Sensitive Questions 6

12. Estimates of Annualized Burden Hours and Costs 6

13. Estimate of Other Total Annual Cost Burden to Respondents and Record Keepers 7

14. Annualized Cost to the Federal Government 7

15. Explanation for Program Changes or Adjustments 7

16. Plans for Tabulation and Publication and Project Time Schedule 7

17. Reason(s) Display of OMB Expiration Date is Inappropriate 8

18. Exceptions to Certification for Paperwork Reduction Act Submissions 8


  1. STATISTICAL METHODS 8












A. Justification


1. Circumstances Making the Collection of Information Necessary


The Federal Case Registry (FCR) information collection is necessary to fulfill federal child support enforcement requirements. The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) amended the Social Security Act (Act) to require each state to include in its automated systems a state case registry (SCR) that contains information on persons associated with IV-D cases (state provides services) and persons associated with non-IV-D cases. Prior to the establishment of the SCR, state child support agencies established processes to collect information for their IV-D cases, including support orders associated with these cases. The PRWORA of 1996 expanded states’ responsibilities to also include non-IV-D orders in their SCR.


The FCR is a database that contains case and participant data received from each of the SCRs. The FCR assists states in locating parties that live in different states to establish, modify, or enforce child support obligations; establish paternity; enforce state law regarding parental kidnapping; and, establish or enforce child custody or visitation determinations.


SCRs contain detailed case information; however, the only information required to register a case on the FCR is the participant’s first name, last name, Social Security number or date of birth, sex; state case number, Federal Information Processing Standard code; and case category and participant type.


The information collection activities pertaining to the FCR are authorized by:


  1. 42 U.S.C. §653(h), requiring the establishment of the Federal Case Registry (FCR) within the Federal Parent Locator Service (FPLS).

  2. 42 U.S.C. §654a(e), requiring State child support agencies to include a State Case Registry (SCR) in the state’s automated system.

  3. 42 U.S.C. §654a(f)(1), requiring states to conduct information comparison activities between the SCR and the FCR.

2. Purpose and Use of the Information Collection


The purpose of the FCR is to assist states in administering programs under state plans approved under Title IV-D and programs funded under Title IV-A of the Act. The FCR is used in conjunction with the National Directory of New Hires (NDNH) to assist states in identifying individuals located or working in other states. The FCR also provides an individual or agency requesting information through the FPLS more information from other locate sources.


Access to the information from the FPLS is limited to authorized persons, as defined under 42 U.S.C. §653(c). Authorized persons include:


  1. any agent or attorney of any state or Indian tribe or tribal organization, having in effect an approved state plan who has the duty or authority under such plan to seek to recover any amounts owed as child and spousal support;

  2. the court which has the authority to issue an order or to serve as the initiating court in an action to seek an order against a noncustodial parent for the support and maintenance of a child;

  3. the resident parent, legal guardian, attorney, or agent of a child (other than a child receiving Temporary Assistance to Needy Families);

  4. a state agency that is administering a child welfare, foster care, or adoption assistance services program under an approved state plan; and

  5. an entity designated as a Central Authority for child support enforcement in a foreign reciprocating country or a foreign treaty country.  


3. Use of Improved Technology and Burden Reduction


States may use any available information technology to reduce the burden of the information collection requirements to update their SCRs. All case registry data is electronically transmitted from the states to the FCR.

4. Efforts to Identify Duplication and Use of Similar Information

The information collection requirements addressed in this document do not duplicate any other reporting or recordkeeping requirements.


5. Impact on Small Businesses or Other Small Entities


The collection of information requirements does not involve small businesses or small entities.


6. Consequences of Collecting the Information Less Frequently


The creation and operation of the SCR and the FCR are statutory requirements of 42 U.S.C. §§654a and 653, respectively. The information collected daily through the SCR to the FCR is vital to efficient and effective case management. When matches are found, the FPLS immediately provides the information to the requesting state child support agency. Prior to the SCR/FCR interface, states relied on manual, time-consuming efforts to obtain interstate case information, which delayed child support activities. By sharing and updating case information daily through a centralized database, state agencies receive timely access to nationwide location, income, asset, and employment information to implement cases. If case information is collected less frequently, child support activities are delayed, which potentially impacts child support payments to families. Additionally, states become unaware of cases or orders involving the same persons in other states resulting in multiple orders and ineffective support activities.


7. Special Circumstances Relating to the Guidelines of 5 CFR 1320.5d


45 C.F.R. 307.11(f)(1) requires the SCR to submit new and updated case information to the FCR “within five (5) business days of receipt by the IV-D agency of new or changed information.” This information comparison serves to provide for the timely exchange of case and employment information to assist child support agencies with enforcement activities. Child support caseloads change on a daily basis and require frequent updates to the FCR. The SCR is allowed, but not required, to submit updates daily and encouraged to submit at least weekly to get the full benefit of the FCR.


8. Comments in Response to the Federal Register Notice and Efforts to Consult Outside the Agency


A notice of the information collection was published in the Federal Register at 82 FR 17667 on April 12, 2017, which allowed a 60-day comment period for the public to submit in writing any comments about this information collection. No comments were received.


9. Explanation of Any Payment or Gift to Respondents


No payment or gift is provided to respondents.


10. Assurance of Confidentiality Provided to Respondents


The following assurances of confidentiality exist:


  • Section 453(l) of the Act states: “Information in the Federal Parent Locator Service, and information resulting from comparisons using such information, shall not be used or disclosed except as expressly provided in this section, subject to Section 6103 of the of the Internal Revenue Code of 1986.” 42 U.S.C. §653(l).


  • Section 453(b)(1) of the Act discusses the disclosure of information to authorized persons upon request and states: “... the Secretary shall ... provide through the Federal Parent Locator Service such information to such person, if such information -- is contained in any files or records maintained by the Secretary...; or ... can be obtained by the Secretary ... from another department, agency, or instrumentality of the United States or of any State….” 42 U.S.C. §653(b)(1).


  • Section 453(b)(2) of the Act provides that: “[n]o information shall be disclosed to any person if the disclosure of such information would contravene the national policy or security interests of the United States or the confidentiality of census data.*** No information shall be disclosed to any person if the State has notified the Secretary that the State has reasonable evidence of domestic violence or child abuse and the disclosure of such information could be harmful to the custodial parent or the child....” 42 U.S.C. §653(b)(2).


  • Section 453(b)(3) of the Act further provides that: “[i]nformation received or transmitted ... shall be subject to the safeguard provisions contained in section 454(26).” 42 U.S.C. §653(b)(3).


  • Section 454(26) of the Act requires each state to implement the following safeguards “…applicable to all confidential information handled by the State agency, that are designed to protect the privacy rights of the parties, including -- (A) safeguards against unauthorized use or disclosure of information relating to proceedings or actions to establish paternity, or to establish, modify, or enforce support, or to make or enforce a child custody determination; (B) prohibitions against the release of information on the whereabouts of 1 party or the child to another party against whom a protective order with respect to the former party or the child has been entered;” and “(C) prohibitions against the release of information on the whereabouts of 1 party or the child to another person if the State has reason to believe that the release of the information to that person may result in physical or emotional harm to the party or the child....” 42 U.S.C. §654(26).


In addition, SCR data is transmitted securely to the FCR.


11. Justification for Sensitive Questions


OCSE is required by law to operate the FPLS and maintain certain automated directories for the primary purpose of assisting state child support agencies. OCSE is also required to assist other state and federal agencies for authorized purposes. Sensitive information, if any, is justified because state child support agencies are required to obtain information pertaining to the establishment of parentage and the establishment, modification, and enforcement of support obligations. The collection of Social Security numbers is necessary to electronically match information to assist child support agencies or other authorized users. See 42 U.S.C. §653(h)(2) and 45 C.F.R. 303.70(d)(2).


12. Estimates of Annualized Burden Hours and Cost


The burden estimate tables present the time and costs associated with states transmitting data from the SCR to the FCR. Respondents use Appendix G: Input Transactions to electronically submit the necessary information.


12.1 Respondents’ Hour Burden


Information Collection Title

Number of

Respondents

Number of

Responses

Per

Respondent

Average

Burden

Hours Per

Response

Total

Burden

Hours

Federal Case Registry

54

1511

22 minutes

272

TOTAL





272




12.2 Respondents’ Cost for Hour Burden


Information Collection Title

Average Annualized Cost Per

Respondent

Total Annualized Cost

Federal Case Registry

$ 3,626.67

$ 195,840

Total


$ 195,840


The annualized costs to respondents for the hour burdens are based on an average cost per central processing unit (CPU) minute of $12. This estimated CPU cost is based on OCSE’s experience from our reimbursement agreement with our data center provider.


The method used to estimate total annual costs:

272 hours x $720 per hour = $195,840 annually


13. Estimate of Other Total Annual Cost Burden to Respondents and Record Keepers


Respondents already use required systems in place to provide information to the FCR, so there is no capital or start-up cost burden to respondents. Any ongoing costs to states are considered usual and customary to operate and maintain their existing state systems. There are also no incremental costs associated with collecting this information.


14. Annualized Cost to the Federal Government


The annualized cost to the federal government for the case registry requirements is approximately $2.3 million. This includes FCR system development and technical assistance contracting costs, as well as the software and hardware costs incurred by OCSE in association with the FCR.


15. Explanation of Program Changes or Adjustments


The methodology previously used to calculate the burden hours and costs for the FCR was based on an erroneous assessment of the PRA requirements. Specifically, the burden hour for the previously approved collection was based on estimates relating to the courts’ collection of non-IV-D and IV-D case information for input into the SCR. The courts submitted the information to states prior to the SCR/PRWORA expansion as part of their usual and customary business practices for states; therefore, the creation of the FCR and the collection of SCR information does not impose a burden on the courts.


OCSE removed the burden of states collection from the courts. OCSE determined this action constitutes a program change based on the removal of the courts as part of this information collection and made an adjustment to reflect that the burden hour and costs for states only pertains to electronically transmitted information from their SCR to the FCR. Consequently, the burden hour for this approval is less than the previously approved information collection and reduced the ICs from three to one.


The burden table presentations in item #12 were revised from the previous approval to associate the burden hour and costs to the information collection title, “Federal Case Registry” versus the information collection instrument, “Appendix G: Input Transactions.” The burden table revisions were made to present the burden hour and cost information more accurately. This change constitutes a minor adjustment to the information collection request, but there is no impact on the respondents or burden hour and costs.


16. Plans for Tabulation and Publication and Project Time Schedule


Information contained in the IV-D state plan regarding state plan provisions is published each year in the report to Congress on the Child Support Enforcement program. There is no other planned analysis of publication of the data collected.


17. Reason(s) Display of OMB Expiration Date is Inappropriate


Not applicable.


18. Exceptions to Certification for Paperwork Reduction Act Submissions


No exceptions.



B. Statistical Methods


The information collection requirements outlined in this report do not employ the use of statistical methods.

1 Number of responses per respondent is based on the assumption that half of the states submit weekly (52 responses) and half submit daily (250 responses).

2 Estimated transmission time is 2 minutes. For the hourly calculation, use 2/60.

File Typeapplication/vnd.openxmlformats-officedocument.wordprocessingml.document
File TitleFederal Case Registry (FCR) Supporting Statment
AuthorMichelle Carpenter
File Modified0000-00-00
File Created2021-01-22

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