View Information Collection Request (ICR) Package
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View Information Collection (IC) List
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Please note that the OMB number and expiration date may not have been determined when this Information Collection Request and associated Information Collection forms were submitted to OMB. The approved OMB number and expiration date may be found by clicking on the Notice of Action link below.
View ICR - OIRA Conclusion
OMB Control No:
0970-0154
ICR Reference No:
202006-0970-003
Status:
Historical Active
Previous ICR Reference No:
201706-0970-001
Agency/Subagency:
HHS/ACF
Agency Tracking No:
OCSE
Title:
Income Withholding for Support (IWO)
Type of Information Collection:
Revision of a currently approved collection
Common Form ICR:
No
Type of Review Request:
Regular
OIRA Conclusion Action:
Approved with change
Conclusion Date:
09/23/2020
Retrieve Notice of Action (NOA)
Date Received in OIRA:
06/15/2020
Terms of Clearance:
Inventory as of this Action
Requested
Previously Approved
Expiration Date
09/30/2023
36 Months From Approved
09/30/2020
Responses
17,318,871
0
16,710,283
Time Burden (Hours)
722,410
0
696,095
Cost Burden (Dollars)
0
0
0
Abstract:
The Family Support Act of 1988 and the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 established the framework for mandatory income withholding, via a standard format, for child support orders issued or modified through state IV-D agencies. With limited exceptions, that law also mandates immediate wage withholding for all orders entered or modified on or after January 1, 1994 and requires states to adopt an expanded definition of income available for child support payments in addition to wages to include salaries, commissions, bonuses, workers’ compensation, disability, payments pursuant to a pension or retirement program and interest. The Social Security Act requires the Secretary of Health and Human Services to promulgate the standard income withholding form to be sent to employers by all parties to garnish income for child support payments.
Authorizing Statute(s):
US Code:
42 USC 666(a)(1), (a)(8) and 666(b)(6
Name of Law: Social Security Act
Citations for New Statutory Requirements:
None
Associated Rulemaking Information
RIN:
Stage of Rulemaking:
Federal Register Citation:
Date:
Not associated with rulemaking
Federal Register Notices & Comments
60-day Notice:
Federal Register Citation:
Citation Date:
84 FR 69382
12/18/2019
30-day Notice:
Federal Register Citation:
Citation Date:
85 FR 36215
06/15/2020
Did the Agency receive public comments on this ICR?
Yes
Number of Information Collection (IC) in this ICR:
3
IC Title
Form No.
Form Name
Electronic income withholding orders/termionation of employment/income status (Employers and other income withholders)
Income withholding order/notice (Courts, private attorneys, custodial parties or their representatives)
1
IWO Form
Income withholding orders/termination of employment/income status (Employers and other income withholders)
1
IWO Form
Programming for electronic withholding order/notice
ICR Summary of Burden
Total Approved
Previously Approved
Change Due to New Statute
Change Due to Agency Discretion
Change Due to Adjustment in Estimate
Change Due to Potential Violation of the PRA
Annual Number of Responses
17,318,871
16,710,283
0
608,588
0
0
Annual Time Burden (Hours)
722,410
696,095
0
26,315
0
0
Annual Cost Burden (Dollars)
0
0
0
0
0
0
Burden increases because of Program Change due to Agency Discretion:
Yes
Burden Increase Due to:
Miscellaneous Actions
Burden decreases because of Program Change due to Agency Discretion:
Yes
Burden Reduction Due to:
Miscellaneous Actions
Short Statement:
Adjustments were made to the respondent burden hour from the previous approval request to reflect the increase in respondents using the IWO form and an increase in the number of responses sent by respondents. Additionally, there is an increased number of respondents now using e-IWO since the previous approval request. Currently used by 52 states and territories and 17,985 employers and income withholders comprising over 19,000 Federal Employer Identification Numbers, the e-IWO initiative decreases costs and increases child support collections. The table entry in section 12 for “programming for electronic withholding order/notice (child support agencies)” shown in prior Supporting Statements is removed because states are required to make the changes to the form for use in paper format in their automated systems. To generate e-IWOs, they pull the data from the system which would have already been updated with the changes.
Annual Cost to Federal Government:
$2,073,375
Does this IC contain surveys, censuses, or employ statistical methods?
No
Does this ICR request any personally identifiable information (see
OMB Circular No. A-130
for an explanation of this term)? Please consult with your agency's privacy program when making this determination.
Yes
Does this ICR include a form that requires a Privacy Act Statement (see
5 U.S.C. §552a(e)(3)
)? Please consult with your agency's privacy program when making this determination.
No
Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]?
No
Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]?
No
Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)?
No
Is this ICR related to the Pandemic Response?
No
Agency Contact:
Molly Buck 202 205-4724 mary.buck@acf.hhs.gov
Common Form ICR:
No
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:
(a) It is necessary for the proper performance of agency functions;
(b) It avoids unnecessary duplication;
(c) It reduces burden on small entities;
(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;
(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;
(f) It indicates the retention periods for recordkeeping requirements;
(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:
(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;
(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.
(i) It uses effective and efficient statistical survey methodology (if applicable); and
(j) It makes appropriate use of information technology.
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.
Certification Date:
06/15/2020
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