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