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OMB Control No: 0970-0218	ICR Reference No: 202402-0970-005
Status: Historical Active	Previous ICR Reference No: 202212-0970-012
Agency/Subagency: HHS/ACF	Agency Tracking No: OCSE
Title: Tribal Child Support Enforcement Direct Funding Requests
Type of Information Collection: Revision of a currently approved collection	Common Form ICR: No
Type of Review Request: Emergency	Approval Requested By: 02/13/2024
OIRA Conclusion Action: Approved without change	Conclusion Date: 02/16/2024
	Date Received in OIRA: 02/13/2024
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	08/31/2024	6 Months From Approved	03/31/2026
Responses	71	0	62
Time Burden (Hours)	11,103	0	7,260
Cost Burden (Dollars)	0	0	0

Abstract: 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.

Emergency Justfication: 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.

Authorizing Statute(s): US Code: 42 USC 655(f) Name of Law: Social Security Act (Section IV-D)

Citations for New Statutory Requirements: None

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
0970-AC99	Final or interim final rulemaking	89 FR 9784	02/12/2024

Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	88 FR 70993	10/13/2023
Did the Agency receive public comments on this ICR? No

Number of Information Collection (IC) in this ICR: 3

IC Title	Form No.	Form Name
45 CFR 309 New Plan
45 CFR 309 Plan Amendments
45 CFR 309 Plan Amendments

ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to Agency Discretion
Annual Number of Responses	71	62	9
Annual Time Burden (Hours)	11,103	7,260	3,843
Annual Cost Burden (Dollars)	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: No

Burden Reduction Due to:

Short Statement: 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.

Annual Cost to Federal Government: $52,452

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. No

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

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