Tribal Child Support Enforcement Direct Funding Requests
Revision of a currently approved collection
No
Emergency
02/13/2024
Approved without change
02/16/2024
02/13/2024
table that charts list comparision
Inventory as of this Action
Requested
Previously Approved
08/31/2024
6 Months From Approved
03/31/2026
71
0
62
11,103
0
7,260
0
0
0
The Final Rule within 45 CFR Part 309, published in the Federal Register on March 30, 2004, 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. If a tribe or tribal organization intends to make any substantial or material changes, a Tribal IV-D plan amendment must be submitted for approval. Tribes and tribal organizations must have an approved plan and submit any required plan amendments to receive funding to operate a Tribal IV-D program.
On April 21, 2023 the Office of Child Support Services (OCSS) published a notice of proposed rulemaking in the Federal Register for the Elimination of the Non-Federal Share (see 88 FR 24526). The Final Rule published on February 12, 2024 and as a result the requirements approved under this OMB number need to be updated. Specifically, OCSS proposes a new requirement for tribes and tribal organizations to provide that charging fees and recovering costs will not be permitted. Tribes and tribal organizations that charge fees and recover cost must submit a plan amendment demonstrating compliance with the proposed new requirement, in accordance with 45 CFR 309.35(d). Only three tribal child support programs report data on the collection of fees and recovered costs.
On April 21, 2023 the Office of Child Support Services (OCSS) published a notice of proposed rulemaking in the Federal Register for the Elimination of the Non-Federal Share (see 88 FR 24526). The Final Rule published on February 12, 2024 (see 89 FR 9784) and as a result the requirements approved under this OMB number need to be updated. Specifically, OCSS proposes a new requirement for tribes and tribal organizations to provide that charging fees and recovering costs will not be permitted. Tribes and tribal organizations that charge fees and recover cost must submit a plan amendment demonstrating compliance with the proposed new requirement, in accordance with 45 CFR 309.35(d). Only three tribal child support programs report data on the collection of fees and recovered costs.
US Code:
42 USC 655(f)
Name of Law: Social Security Act (Section IV-D)
The change requested is due to the final rule for elimination of the tribal non-federal share requirement which will result in three additional amendments specific to the changing requirement. There are no changes proposed to the form or instructions to apply for a IV-D program or to make amendments to the plan. There are also no changes to the number of tribes, the estimated time to complete the initial application, or the estimated time to complete plan amendments.
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.
Tribal Plan Cover Sheet_TOC_2022.12.21.docx
Attachment A - Public Comments - Tribal Plan.xlsx
45 CFR 309 Plan Amendments