The final rule within 45 CFR part 309
contains a regulatory reporting requirement that in order to
receive funding for a tribal IV-D program a tribe or tribal
organization must submit a plan describing how the tribe or tribal
organization meets or plans to meet the objectives of section
455(f) of the Social Security Act, including establishing
paternity, establishing, modifying, and enforcing support orders,
and locating noncustodial parents. The plan is required for all
tribes requesting funding; however, once a tribe has met the
requirements to operate a comprehensive program, a new plan is not
required annually unless a tribe makes changes to its Title IV-D
program. Tribes and tribal organizations must respond if they wish
to operate a fully funded program. This paperwork collection
activity is set to expire in March 2020. The information collected
is necessary to enable OCSE to determine whether an applicant tribe
or tribal organization meets the requirements to receive direct
funding to operate a child support enforcement program under 455(f)
of the Social Security Act and implementing regulations at 45 CFR
part 309. The tribal plan gives each tribe a method for developing
a statement to be submitted to OCSE for approval describing the
nature and scope of its program and giving assurances that the
program will be administered in conformity with the requirements in
Title IV-D of the Act and the implementing regulations at 45 CFR
part 309. The tribal plan is analogous to a tribe having a contract
with OCSE in that it outlines the activities the tribe will perform
as required by law in consideration for receiving federal funds to
meet the costs of these activities. In this sense, the tribal plan
is the basis for making federal funding available to the tribal
IV-D agencies in the costs of operating the child support
enforcement program.
US Code:
42
USC 655(f) Name of Law: Social Security Act, Payments to
States; Direct Federal Funding to Indian Tribes and Tribal Org
In 2016, there were 60
comprehensive and 3 start-up tribes and tribal organizations.
Additionally, OCSE anticipated 2 new applications per year for a
total of 65. In 2019, the tribal child support program had 60
comprehensive tribal child support programs and 1 start-up program.
We anticipate receiving two new applications per year for either a
start-up child support program application or a comprehensive
program application. Thus the total number of tribal plans or plan
amendments that may be submitted each year is estimated at 62 for
this extension request. There are no changes to the form or
instructions, or the estimated time to complete the information
collection.
On behalf of this Federal agency, I certify that
the collection of information encompassed by this request complies
with 5 CFR 1320.9 and the related provisions of 5 CFR
1320.8(b)(3).
The following is a summary of the topics, regarding
the proposed collection of information, that the certification
covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a
benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control
number;
If you are unable to certify compliance with any of
these provisions, identify the item by leaving the box unchecked
and explain the reason in the Supporting Statement.
45 CFR PART 309.docx
45 CFR 309 New Plan