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This regulation will make child support program operations and enforcement procedures more flexible and more efficient by recognizing advancements in technology and the move toward electronic communications and document management. The regulation will improve and simplify program operations, remove outmoded limitations to program innovation to better serve families, and clarify and correct technical provisions in existing regulations.

Statement of Need:

This regulation will make child support program operations and enforcement procedures more flexible and more efficient by recognizing advancements in technology and the move toward electronic communications and document management. The regulation will improve and simplify program operations, remove outmoded limitations to program innovation to better serve families, and clarify and correct technical provisions in existing regulations.

Summary of the Legal Basis:

This final rule is published under the authority granted to the Secretary of the Department of Health and Human Services by section 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, which may be necessary for the efficient administration of the functions for which the Secretary is responsible under the Act.  

Additionally, the Secretary has authority under section 452(a)(1) of the Act to establish such standards for State programs for locating noncustodial parents, establishing paternity, and obtaining child support as he[she] determines to be necessary to assure that such programs will be effective.  Rules promulgated under section 452(a)(1) must meet two conditions.  First, the Secretary’s designee must find that the rule meets one of the statutory objectives of locating noncustodial parents, establishing paternity, and obtaining child support.  Second, the Secretary’s designee must determine that the rule is necessary to assure that such programs will be effective. 

Section 454(13) requires a State plan to provide that the State will comply with such other requirements and standards as the Secretary determines to be necessary to the establishment of an effective program for locating noncustodial parents, establishing paternity, obtaining support orders, and collecting support payments and provide that information requests by parents who are residents of other States be treated with the same priority as requests by parents who are residents of the State submitting the plan.  

Alternatives:

None.

Anticipated Costs and Benefits:

While there are some costs associated with these regulations, they are not economically significant as defined under E.O. 12866.  However, the regulation is significant and has been reviewed by OMB.  

An area with associated Federal costs is modifying the child support statewide automated system for onetime system enhancements to accommodate new requirements such as notices, applications, and identifying noncustodial parents receiving SSI.  This has a cost of approximate $26,484,000.  There is a cost of $26,460,000 to modify statewide IVD systems for the 54 States or Territories at a cost of $100 an hour (with an assumption that 27 States will implement the optional requirements).  A cost of $35,044 is designated to CMS’ costs for State plan amendments and cooperative agreements.  Another area associated with Federal costs is that of job services.  We allow FFP for certain job services for noncustodial parents responsible for paying child support.  The estimated total average annual net cost (over the first five years) of the job services proposal is $26,096,596 with $18,592,939 as the Federal cost.  Thus, the total net cost of the final rule is $52,591,640, and the total Federal costs is $36,074,061.  These regulations will improve the delivery of child support services, support the efforts of noncustodial parents to provide for their children, and improve the efficiency of operations. 

Risks: