Child Support Technical Corrections Notice of Proposed Rulemaking

Published date18 December 2018
Citation83 FR 64803
Record Number2018-27224
SectionProposed rules
CourtChildren And Families Administration
Federal Register, Volume 83 Issue 242 (Tuesday, December 18, 2018)
[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]
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                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                regulations rendered outdated or unnecessary and make technical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: http://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
                

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