[Federal Register Volume 64, Number 26 (Tuesday, February 9, 1999)]
[Rules and Regulations]
[Pages 6237-6253]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-3007]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children and Families
45 CFR Parts 301, 302, 303, 304, and 305
RIN 0970-AB81
Child Support Enforcement Program; State Plan Approval and Grant
Procedures, State Plan Requirements, Standards for Program Operations,
Federal Financial Participation Audit and Penalty
AGENCY: Office of Child Support Enforcement (OCSE), HHS.
ACTION: Interim final rule with comment period.
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SUMMARY: This rule eliminates regulations, in part or in whole,
rendered obsolete by or inconsistent with, Pub. L. 104-193, the
Personal Responsibility and Work Opportunity Reconciliation Act of 1996
(PRWORA), enacted August 22, 1996, and its technical amendments, Pub.
L. 105-33, the Balanced Budget Act of 1997 (BBA), Pub. L. 105-89, the
Adoption and Safe Families Act of 1997, and Pub. L. 105-200, the Child
Support Performance and Incentive Act of 1998. These revisions are
consistent with the President's Memorandum of March 4, 1995 to heads of
Departments and Agencies which announced a government-wide Regulatory
Reinvention Initiative to reduce or eliminate mandated burdens on
States, other governmental agencies or the private sector.
DATES: These regulations are effective February 9, 1999. Consideration
will be given to comments received by April 12, 1999.
ADDRESSES: Send comments to: Office of Child Support Enforcement,
Administration for Children and Families, 370 L'Enfant Promenade, SW.,
4th floor, Washington, DC 20447. Attention: Director, Policy and
Planning Division, Mail Stop: OCSE/DPP. Comments will be available for
public inspection Monday through Friday 8:30 a.m. to 5 p.m. on the 4th
floor of the Department's offices at the above address.
You may also transmit written comments electronically via the
Internet. To transmit comments electronically, or download an
electronic version of the rule, you should access the Administration
for Children and Families Welfare Reform Home Page at ``http://
www.acf.dhhs.gov/hypernews/'' and follow any instructions provided.
FOR FURTHER INFORMATION CONTACT: Marilyn R. Cohen, Policy Branch, OCSE,
(202) 401-5366, e-mail: [email protected].
SUPPLEMENTARY INFORMATION:
Statutory Authority
These regulations are published under the authority granted to the
Secretary by section 1102 of the Act. Section 1102 of the Act requires
the Secretary to publish regulations that may be necessary for the
efficient administration of the functions for which she is responsible
under the Act.
Background
This rule is in response to the President's Memorandum of March 4,
1995 to heads of Departments and Agencies which announced a government-
wide Regulatory Reinvention Initiative to reduce or eliminate mandated
burdens on States, other governmental agencies or the private sector,
and in compliance with section 204 of the Unfunded Mandates Reform Act
of 1995, Pub. L. 104-4.
The Presidential Memorandum required agencies, by June 1, 1995, to
conduct a page-by-page review of all regulations to eliminate or revise
those that are outdated or otherwise in need of reform. OCSE formed a
regulation reinvention workgroup to exchange views, information and
advice with respect to the review of existing regulations in order to
eliminate or revise those regulations that are outdated, unduly
burdensome, or unproductive. This group is made up of representatives
of Federal, State and local government staff elected officials. The
workgroup conducted such a review which resulted in a final rule issued
December 20, 1996 (61 FR 67235) which made both substantive and
technical changes. In our analysis of existing regulations, we took a
cautionary approach recognizing that significant legislation to
overhaul the welfare system, including major reform to the child
support enforcement program, was actively pending before the 104th
Congress. Accordingly, numerous existing rules would potentially be
affected. Therefore, we deferred recommending any changes in existing
rules which might be impacted by enactment of a legislative change. We
considered the changes in the final rule as only the first part of our
response to the President's Regulation Reinvention Initiative.
Since the enactment of PRWORA, the workgroup has been reviewing the
regulations to identify additional regulations which should be revised
as obsolete or inconsistent with PRWORA. The workgroup surveyed our
State partners who tended toward a regulatory philosophy under which
Federal statutory mandates will not be reiterated in regulation,
regulating beyond the statute will be minimized, and policy guidance to
States will be developed collaboratively. In addition to the workgroup,
we also held a series of meetings with advocacy groups to obtain their
input on implementation of PRWORA. Further revisions were made with the
enactment of the BBA. This rule reflects input from major stakeholders
including the National Governors Association, the National Conference
of State Legislatures and the American Public Human Services
Association, formerly known as the American Public Welfare Association.
This interim final rule eliminates identified regulatory requirements
which were rendered obsolete by, or are inconsistent with, the child
support provisions enacted under PRWORA, the BBA, and the Adoption and
Safe
[[Page 6238]]
Families Act of 1997. For clarity in some sections, we are stating the
entire regulation in order to review the revisions in context. However,
we are accepting comments only on those portions that are revised.
Description of Regulatory Provisions
We are making technical revisions, including recodification, to the
following regulations.
Section 301.1 General Definitions
The citations for ``Assigned support obligation'' and for
``Assignment'' ``under Sec. 232.11 of this chapter'' are removed
wherever they appear throughout 45 CFR part 301 of Chapter III and
replaced with, ``section 408(a)(3) of the Act''. Section 232.11 of
Chapter II was removed by ACF through rulemaking. Section 232.11 dealt
with the AFDC program which has been repealed. Therefore, we are
substituting a reference to the new statutory assignment provisions for
the replacement program under title IV-A of the Act. We are updating
the definition for ``Central registry'' by replacing ``URESA'' with
``UIFSA''. In addition, the term, ``AFDC'' is revised to ``title IV-A''
in the title and in the definition for ``Non-AFDC Medicaid recipient''
as PRWORA repealed the AFDC program.
Part 302 State Plan Requirements
The term ``absent parent'' is removed wherever it appears and
replaced by ``noncustodial parent'', and the term ``absent parents'' is
removed wherever it appears and replaced by ``noncustodial parents''
throughout 45 CFR part 302 of Chapter III for consistency with
preferred statutory terminology adopted in PRWORA for title IV-D of the
Act.
In addition, the term ``AFDC'' is removed wherever it appears and
replaced by ``title IV-A'', and the term ``non-AFDC'' is removed
wherever it appears and replaced by ``non-IV-A'' throughout 45 CFR part
302 of Chapter III. We are making these revisions as PRWORA repealed
the AFDC program and substituted a new program under title IV-A.
Section 302.12 Single and Separate Organizational Unit
The authority for Sec. 302.12 is section 1102 of the Act. We are
revising paragraph (a)(1) by removing paragraph (a)(1)(i) and
redesignating (a)(1)(ii) as (a)(1)(i) and (a)(1)(iii) as (a)(1)(ii).
Paragraph (a)(1)(i) allows the single State agency designated to
operate the IV-D program to be the agency, designated pursuant to
Sec. 205.100, that serves as the single State agency under the title
IV-A program. We are making this revision as there is no longer a
single State agency requirement under title IV-A and no agency
designated pursuant to Sec. 205.100.
Section 302.31 Establishing Paternity and Securing Support
The authority for section 302.31 is section 454(4) of the Act which
provides for the establishment of paternity or the establishment,
modification, or enforcement of child support obligations for
recipients of titles IV-A, IV-E, XIX, and those Food Stamp recipients
who must cooperate with the IV-D program, and section 454(5) of the Act
which provides for distribution of support payments for individuals
under title IV-A, and section 1102 of the Act which requires the
Secretary to publish regulations that may be necessary for the
efficient administration of the functions for which he is responsible
under the Act. We are revising paragraph (a)(2) by removing ``and
reciprocal arrangements adopted with other States when appropriate'',
and replacing it with, ``regarding intrastate and interstate
establishment and enforcement of support obligations''. We are making
this revision because the Uniform Interstate Family Support Act (UIFSA)
is not a ``reciprocal'' law. As specified by section 466(f) of the Act,
States must have UIFSA in effect by January 1, 1998.
We are removing paragraph (a)(3) as the title IV-A State plan
requirements in 45 CFR 233.20(a)(3)(v) regarding retained support were
made obsolete by PRWORA. Therefore, proceedings for handling retained
support for title IV-A cases are in accordance with State law. In
paragraph (b), we are removing ``from the IV-A, IV-E or Medicaid agency
that there has been'', and inserting ``of''. In addition, we are
removing from paragraph (c), ``from the IV-A, IV-E or Medicaid agency''
and ``by the IV-A, IV-E or Medicaid agency, as appropriate''. The
latter two revisions are necessary because PRWORA amended section
454(29) of the Act to allow each State the option of choosing either
the title IV-D agency, or the title IV-A, IV-E, title XIX, or Food
Stamp agency as having the responsibility of determining good cause.
Section 302.32 Collection and Disbursement of Support Payments by the
IV-D Agency
The authorities for Sec. 302.32 are section 454B of the Act which
provides for collection and disbursement of support payments, section
457 of the Act which provides for the distribution of collected
support, and section 1102 of the Act. We are revising the title by
changing the term ``distribution'' to ``disbursement''. We are revising
the introductory text to include the effective date by which States
must establish a State disbursement unit (SDU) by October 1, 1998, or,
if a State, which as of August 22, 1996, processed the receipt of child
support payments through local courts, October 1, 1999. We are revising
paragraph (a) by removing reference to ``Sec. 232.11'' and replacing it
with ``section 408(a)(3) of the Act'' because certain AFDC program
regulations were repealed, including Sec. 232.11, by 62 FR 64301, the
conforming regulations issued by OFA as a result of the repeal of the
AFDC program.
Additionally, we are removing paragraphs (b), (c), (d), and (e) as
new distribution requirements are set forth in section 457 of the Act
and these regulatory paragraphs are inconsistent with the newly enacted
distribution requirements for collections in Temporary Assistance for
Needy Families program (TANF) cases. We are not setting forth the new
distribution rules in regulation. Due to these revisions, we are
redesignating paragraph (f) as paragraph (b). We are revising the title
of paragraph (b) by replacing ``distribution'' with ``disbursement''.
We are further revising paragraph (b)(1) by removing ``15 calendar''
and replacing it with the ``2 business'' days due to the requirement
under section 454B that payments be disbursed within 2 business days of
receipt by the SDU. Those States that do not meet SDU requirements
until October 1, 1999 are to maintain timeframes from former 45 CFR
302.32(f)(1) in the meantime.
We are revising redesignated paragraph (b)(2) by removing
``Sec. 232.11 of this title'' and replacing it with ``section
408(a)(3)'' as Sec. 232.11 is now obsolete; and by removing the end of
the final sentence, ``distributed as follows:'' and replacing it with
``disbursed within the following timeframes''. In addition, we are
removing paragraph (b)(2)(i) and replacing it with new paragraph
(b)(2)(i) to read, ``Except as specified under paragraph (b)(2)(iv) of
this section, if the SDU sends payment to the family (other than
payments sent to the family from the State share of assigned support
collections), the SDU must send these payments within 2 business days
of the end of the month in which payment was received by the State.''
We are revising paragraph (b)(2)(ii) by changing the reference in
the introductory text from ``(f)(2)(iv)'' to ``(b)(2)(iv)'', by
removing subparagraph (A) in its entirety and removing the
[[Page 6239]]
designation ``(B)'', and by connecting the introductory text to the
remaining text in ``(B)'', by changing the capital in ``When'' to lower
case and replacing the ``15 calendar'' days with ``2 business'' days.
Subparagraph ``(A)'' is removed to correspond to PRWORA's removal of
former section 457(b)(3) directives in the Act. Former section
457(b)(3) required States to send collections in excess of the month's
assistance payment and up to the amount of the monthly support
obligation to the AFDC family. In addition, we are changing the
reference from ``(f)(2)(iv)'' to ``(b)(2)(iv)''.
We are also revising paragraph (b)(2)(iv) by removing ``or State''
after ``Federal'' because section 457 of the Act requires State income
tax refund offsets to be distributed like other collections, rather
than like Federal income tax refund offsets. The citation
``Sec. 302.51(b)(5) of this part'' is replaced with ``section
457(a)(2)(iv) of the Act'' which specifies how Federal income tax
refund offset collections must be distributed. The timeframe for
distribution of Federal tax refunds is differentiated from the
timeframe for periodic payments where the payment is distributed within
2 business days of receipt from the employer or other source of
periodic income as specified in section 454B(c) on account of section
464 of the Act.
We are revising paragraph (b)(3), by adding the designation ``(i)''
followed by ``Except as provided under paragraph (b)(3)(ii) of this
section'' before the introductory text where ``Amounts'' is changed to
lower case, and by removing paragraphs (b)(3)(i) and (b)(3)(ii) in
their entirety because they are inconsistent with requirements for
distribution under section 457 of the Act and disbursement timeframes
under section 454B of the Act. Paragraph (b)(3)(iii) is redesignated as
(b)(3)(ii). We are also revising new paragraph (b)(3)(i) by removing
``as follows:'' and replacing it with ``pursuant to section 457 of the
Act, within 2 business days of initial receipt in the State''.
Additionally, to conform to section 457 of the Act's new distribution
requirements for collection from Federal tax income refund offsets, we
are revising new paragraph (b)(3)(ii), by removing ``or State'' after
``Federal'' income tax refund offset, and the citation
``Sec. 302.51(b)(5)'' and replacing it with ``section 457(a)(2)(iv) of
the Act''.
Section 302.34 Cooperative Arrangements
Section 302.34 implements section 454(7) of the Act which provides
the authority for State IV-D agencies to enter into cooperative
arrangements with appropriate courts and law enforcement officials and
Indian tribes or tribal organizations to assist the State agency in
administering the child support State plan. Therefore, we are amending
the first sentence of this section by replacing the ``and'' and the
period with commas and adding ``Indian tribes or tribal organization''
as appropriate entities for the State IV-D agency to enter into
cooperative arrangements. Also, we are amending this section by
removing from the 3rd sentence the phrase, ``including the immediate
transfer of the information obtained under Sec. 235.70 of this title to
the court or law enforcement official''. We are making this revision
because that regulatory cite under the former AFDC program no longer
exists and, therefore, no information is obtained pursuant to this
section.
Section 302.35 State Parent Locator Service
Section 302.35 implements sections 454(8), 453 and 463 of the Act
which require State IV-D agencies to establish State Parent Locator
Services (SPLS) and specify provisions governing their use. The BBA
revised section 454(8) of the Act to articulate the reasons the SPLS
may be accessed and to refer to specific privacy safeguards. We are
making several technical conforming amendments as follows.
We are revising paragraph (c)(1) by removing the phrase, ``or
medical support obligations if an agreement is in effect under
Sec. 306.2 of this chapter'', thus ending the paragraph with ``State
plan''. We are making this revision as part 306 was removed by final
rule issued December 20, 1996 (61 FR 67235). We are revising paragraph
(c)(2) by adding the phrase, ``or to serve as the initiating court in
an action to seek an order'' after ``order'' to conform to section
453(c)(2) of the Act which defines authorized persons who may access
the Federal Parent Locator Service (FPLS) and was amended in the BBA to
add the same phrase.
We are revising paragraph (c)(4) by adding, ``, visitation'' after
``kidnapping'' to conform to changes to section 463(d) of the Act
defining persons authorized to access the FPLS for custody and
visitation purposes. In addition, we are adding a new paragraph (c)(5)
to conform to amendments made to section 454(8) by the BBA to section
453(c)(4) of the Act which expanded the definition of an ``authorized
person''. Paragraph (c)(5) says, ``A State agency that is administering
a program operated under a State plan under subpart 1 of part B, or a
State plan approved under subpart 2 of part B or under part E.''
To conform to amendments made to section 454(8) by the BBA, we are
adding a new subsection (d) which provides that ``The State PLS shall,
subject to the privacy safeguards required under section 454(26) of the
Act, disclose only the information described in sections 453 and 463 to
the authorized persons specified in such sections for the purposes
specified in such sections.''
Section 302.50 Support Obligations
Section 302.50 implements sections 456(a)(2) which provides that
the amount of the child support obligation in the court order or the
amount determined by the State in accordance with a formula approved by
the Secretary determines the amount of the assigned support rights and
452(a)(3) of the Act which provides for Federal review and approval of
State child support enforcement plans. We are revising the title of
Sec. 302.50 to read ``Assignment of rights'' to clarify that this
section pertains only to those obligations with assigned rights; and
revising paragraph (a)(1) by removing ``hearing'' because
administrative processes do not necessarily require hearings.
Additionally, we are revising paragraph (b)(1) by adding ``or
administrative process'' after ``jurisdiction'' because both
administrative and court orders are acceptable, and revising paragraph
(b)(2) by adding ``or administrative'' after ``court''.
Section 302.51 Distribution of Support Collections
The authorities for Sec. 302.51 are section 457 of the Act, which
provides for the distribution of support collections in IV-D cases, and
section 1102 of the Act. In paragraph (a)(1) we are making a technical
edit by replacing the first mention of ``amount'' with ``amounts'' and
``represents'' with ``represent''.
The revised section 457 of the Act sets out the method for
distributing child support collections. Section 457(a)(2)(iv) creates
an exception for Federal tax refund collections. Thus, there is no
basis not to follow the general rules for State income tax refund
collections. Therefore, in paragraph (a)(3), governing distribution of
Federal and State income tax refund offset collections, we are removing
``and State'' because State income tax refund offsets must first be
applied to current support in accordance with section 457 of the Act.
In this same paragraph, we are also removing the citations
``Secs. 303.72(h) and 303.102(g) of this chapter, respectively'', and
replacing
[[Page 6240]]
them with ``Sec. 303.72(h) of this chapter, and section 457(a)(2)(iv)
of the Act''.
Section 454B(c)(1) of the Act, added by the BBA, defines the date
of collection for distribution. Therefore, for consistency with that
statutory section, we are deleting paragraph (a)(5) and redesignating
paragraph (a)(4) as (a)(4)(i) to read as follows, ``Except as specified
under subparagraph (ii), with respect to payments made through income
withholding, the date of collection for distribution purposes in all
IV-D cases must be the date the income is received by the SDU''. We are
adding a new paragraph (a)(4)(ii), which includes this new language:
``If current support is withheld by an employer in the month when due,
the date of withholding may be deemed to be the date of collection at
the option of the State''. SDU requirements are effective October 1,
1998, unless the State qualifies for the one-year delay to continue to
process the receipt of child support payments through local courts.
States must continue to use the date of collection per former 45 CFR
302.51(a)(4) until there is an SDU which meets the requirements of
section 454B of the Act. This paragraph is further revised by
redesignating the second sentence in paragraph (a)(4) as paragraph
(a)(4)(iii).
We are further amending redesignated paragraph (a)(4)(iii) by
adding ``When the date of collection pursuant to this subparagraph is
deemed to be the date the wage or other income was withheld'', before
the remaining text. The changes to paragraph (a)(4) are in response to
the State option concerning how to define the ``date of collection''
provided by the BBA's technical amendment to section 454B(c)(1) of the
Act.
Additionally, we are removing paragraphs (b), (d), and (f) because
they are inconsistent with section 457 of the Act and are redesignating
paragraph (c) as paragraph (b), and paragraph (e) as paragraph (c).
Finally, we are revising new paragraph (b) by replacing ``402(a)(26)''
with ``403(a)(8)''. This revision is made for consistency with the
change in the citation of the assignment requirement from former
section 402(a)(26) to new section 403(a)(8) of the Act.
Section 302.52 Distribution of Support Collected in Title IV-E Foster
Care Maintenance Cases
This regulation implements section 457(f) of the Act which provides
for distribution of support collected in title IV-E foster care cases.
Section 457(f) of the Act is identical to former section 457(d) of the
Act. However, we are removing the citation under paragraph (b)(5),
``Sec. 232.11 of this title and section 471(a)(17) of the Act'' and
replacing it with ``sections 408(a)(3) and 471(a)(17) of the Act'' to
reflect the revocation of Sec. 232.11 and the change in the Act of the
location of the assignment provisions.
Section 302.54 Notice of Collection of Assigned Support
This regulation implements section 454(5)(A) of the Act which
requires notice of support collections to individuals receiving
assistance under title IV-A. We are removing the citation under
paragraph (a)(1) ``232.11 of this title'' and replacing it with
``section 408(a)(3) of the Act'' as the current citation is now
obsolete.
Section 302.57 Procedures for the Payment of Support Through the IV-D
Agency or Other Entity
This regulation is removed because PRWORA removed the language in
former section 466(c) of the Act which authorized payment of support
through the IV-D agency or other entity at State option, should a
custodial or noncustodial parent request it. All collections in IV-D
cases and income withholding collections in cases in which the order
was initially issued or modified on or after January 1, 1994 are to be
made through the State disbursement unit in accordance with section
466(a)(8)(B) of the Act.
Section 302.70 Required State Laws
Section 466(a) of the Act contains the required laws and procedures
each State must implement as part of its State child support
enforcement plan. States may implement provisions using regulation,
procedure, or court rule, instead of law, if such regulation,
procedure, or rule has the same force and effect as State law on the
parties to whom it applies.
For clarification, we are revising paragraph (a) by adding ``and
part 303 of this chapter'' after ``Act'', removing ``the following''
after ``implemented'', and adding commas after ``for'' and ``improve''.
We are revising paragraph (d)(1) by replacing ``paragraph (a) of
this section'' with ``section 466 of the Act''. We are revising
paragraph (d)(2) by replacing ``paragraph (a)(2) of this section'' with
``section 466(a)(2) of the Act''.
Section 302.75 Procedures for the Imposition of Late Payment Fees on
Absent Parents Who Owe Overdue Support
This regulation implements section 454(21) of the Act which
provides for the imposition of late payment fees. In paragraph (b)(4),
we are removing the citation, ``232.11 of this title'' and replacing it
with ``section 408(a)(3) of the Act'' as the former citation has been
revoked.
Section 302.80 Medical Support Enforcement
This regulation implements section 452(f) of the Act. In paragraph
(a), we are removing the second sentence to reflect removal of Part 306
made by rule issued December 20, 1996 (61 FR 67235).
Part 303 Standards for Program Operations
The term ``absent parent'' is removed wherever it appears and
replaced with ``noncustodial parent'', the term ``absent parents'' is
removed wherever it appears and replaced with ``noncustodial parents'',
and the term ``absent parents''' is removed wherever it appears and
replaced with ``noncustodial parents''' throughout this part for
consistency with preferred statutory terminology and to conform to our
emphasis on ``children first'' which focuses on the parent's
relationship with the child rather than on a parent's absence.
We are also removing the term ``AFDC'' wherever it appears and
replacing it with ``title IV-A'' and removing the term ``non-AFDC''
wherever it appears and replacing it with ``non-IV-A''. This revision
is for consistency with PRWORA which repealed the AFDC program and
substituted a new program under title IV-A.
In addition, we are removing the term ``IRS'' and replacing it with
``Secretary of the U. S. Treasury'' wherever it appears in this part,
except for Sec. 303.72(i) where ``IRS'' will be replaced with
``Department of Treasury''. We are making this revision to implement
the Debt Collection Act of 1996 and Executive Order 13019 which
transferred the responsibility for the Federal income tax refund offset
program from the Internal Revenue Service to the Financial Management
Service within the U. S. Treasury.
Section 303.3 Location of Absent Parents
This rule was issued under authority of section 454(8) and section
1102 of the Act. We are revising paragraph (b)(1) by adding ``and other
sources'' at the end of the paragraph. This revision is for consistency
with PRWORA's expansion of locate resources set forth in section
466(c)(1)(D) of the Act.
[[Page 6241]]
Section 303.5 Establishment of Paternity
This regulation implements section 466(a)(5) of the Act as amended
by the Omnibus Budget Reconciliation Act of 1993, PRWORA and the BBA's
technical changes. We are revising paragraph (d)(1) to read, ``Upon
request of any party in a contested paternity case and in accordance
with section 466(a)(5)(B) of the Act, and subject to the provisions of
paragraph (b), the IV-D agency shall require all parties to submit to
genetic tests unless, in the case of an individual receiving aid under
the State's title IV-A, IV-E or XIX plan, or those recipients of the
food stamp program, as defined under section 3(h) of the Food Stamp Act
of 1977 who are required to cooperate with the child support program,
there has been a determination of good cause for refusal to cooperate
under section 454(29) of the Act.'' We are making this revision to
conform with revised section 466(c)(1)(A) of the Act which gives the
State agency authority to order genetic testing and with revised
section 454(29) of the Act which addresses responsibility for
determinations of good cause and cooperation.
We are also making a technical correction in paragraph (d)(2) by
removing the term, ``legal''. In addition, we are amending paragraph
(e)(1) by adding the phrase ``Except as provided in subparagraph (3)''
at the beginning of the paragraph, and revising paragraph (e)(3) to
read, ``If paternity is established and genetic tests were ordered by
the IV-D agency, the IV-D agency must pay the costs of such tests,
subject to recoupment (if the agency elects) from the alleged father
who denied paternity. If a party contests the results of an original
test, the IV-D agency shall obtain additional tests but shall require
the contestant to pay for the costs of any such additional testing in
advance.'' These revisions are for consistency with section
466(a)(5)(B) of the Act which specifies that the State seek recoupment
from the father for costs of genetic testing ordered by the agency if
recoupment is sought and that the State must obtain additional testing
in any case if an original test result is contested and require payment
in advance.
Section 303.7 Provision of Services in Interstate IV-D Cases
The authorities for this regulation are sections 454(9) and 1102 of
the Act. We are revising paragraph (a) by ending the first sentence
with ``incoming interstate IV-D cases.'' and removing all remaining
text in this subsection because the Uniform Reciprocal Enforcement of
Support Act (URESA) has been replaced by the Uniform Interstate Family
Support Act (UIFSA) which permits direct withholding requests from one
State to an employer in another State, and August 22, 1988, the
effective date for paragraph (a), has passed. Since all States have
long-arm paternity establishment capability under section 201 of UIFSA,
we are amending paragraph (b)(1) to require States to use their long-
arm statute to establish paternity, when appropriate. We are amending
paragraph (b)(2) by removing the language ``URESA petitions and'' due
to the change from URESA to UIFSA. These revisions are consistent with
PRWORA's mandate that, effective January 1, 1998, all States are
required to enact UIFSA. In addition, we are revising paragraph (b)(3)
by removing ``either the Interstate Child Support Enforcement
Transmittal Form or the URESA Action Request Forms package as
appropriate'' and replacing it with ``Federally-approved interstate
forms'', and by adding the term, ``Federal'' before the last word,
``forms''. OCSE issued revised interstate forms via OCSE-AT-97-06 on
May 2, 1997 to conform with UIFSA (OMB No. 0970-0085). We are revising
paragraph (b)(6) by replacing the citation ``Sec. 303.8(f)(1)'' with
``Sec. 303.8'' to conform with revisions we are making in Sec. 303.8.
In addition, we are revising paragraph (c)(4) by removing ``a URESA
Action Request Form or other alternative State form''. This revision is
needed because section 311(b) of UIFSA requires the use of Federally-
approved interstate forms. We are amending paragraph (c)(7)(iii) by
removing ``Uniform Reciprocal Enforcement of Support Act'' and
replacing it with ``Uniform Interstate Family Support Act'' to conform
with the requirement under section 466(f) of the Act that all States
enact and implement UIFSA, and replacing ``through 303.105'' with
``through 303.102 and 303.104'' as Secs. 303.103 and 303.105 are being
removed by this rule, as discussed later in the document.
We are making a technical edit in paragraphs (c)(7)(ii) and (iii)
by placing the regulatory citations in numerical order. For consistency
with the requirement that the State disbursement unit (effective
October 1, 1998, except for States as of August 22, 1996 which
processed the receipt of child support payments through local courts,
where it is effective October 1, 1999,) under section 454B of the Act
process collections within 2 business days of receipt in the SDU, we
are revising paragraph (c)(7)(iv) by removing the language which reads
``no later than 15 calendar days from'' and replacing it with ``within
2 business days of'' initial receipt in the responding State. In
addition, we are revising this paragraph by adding ``State disbursement
unit for the'' after ``receipt in the''.
For consistency with revised section 457 of the Act which
eliminated the exception processing for payments collected via State
Income Tax Refund Offset, we are removing the language in paragraph
(c)(7)(iv) which reads, ``or that the payments were made through State
income tax refund offset''. To conform to amendments we are making in
Sec. 303.8 in this interim final rule, we are revising paragraph
(c)(7)(v) by removing the citation ``Sec. 303.8(f)(2)'' and replacing
it with ``Sec. 303.8''. Finally, we are revising paragraph (d)(3) to
read, ``If paternity is established in the responding State, the IV-D
agency must attempt to obtain a judgment for the costs of genetic
testing ordered by the IV-D agency from the alleged father who denied
paternity. If the costs of initial or additional genetic testing are
recovered, the responding State must reimburse the initiating State.''
This revision is for consistency with section 466(a)(5)(B) of the Act
which specifies that the State seek recoupment from the father for
costs of genetic testing ordered by the agency and that the State must
obtain additional testing in any case if an original test result is
contested and require payment in advance.
Section 303.8 Review and Adjustment of Child Support Orders
Section 303.8 implements section 466(a)(10) of the Act. We are
amending these paragraphs to update sections that have become obsolete
due to the passage of time and for consistency with PRWORA which
revised section 466(a)(10) of the Act. These revisions included: (1)
Reviews are conducted upon request only (there are no mandated
reviews), (2) the State may choose one of three methods to conduct a
review (guidelines, automated, cost-of-living adjustment (COLA)), (3)
3-year reviews require no proof of substantial change of circumstances
but the States may offer more frequent reviews requiring such proof,
(4) in the case of COLA or automated reviews, either party may contest
the adjustment within 30 days of the notice of the adjustment, and (5)
States must notify parents of their right to request a review not less
than once every 3 years (instead of providing a one-time notice). In
following the President's Initiative to limit regulations, we are not
restating new statutory requirements in regulation.
In Sec. 303.8, we are removing paragraphs (a)(1) and (a)(3) because
the
[[Page 6242]]
definitions for ``adjustment'' and ``review'' are inconsistent with the
automated and cost-of-living adjustment (COLA) methods of review
authorized by the revised section 466(a)(10) of the Act; therefore, we
are replacing the term ``definitions'' with ``definition'' in the
introductory paragraph (a), and removing the designation ``(2)'' in
front of ``parent''. We are removing paragraph (b) because it was
superseded by paragraph (c) as of October 13, 1993. We are keeping in
those paragraphs which are still applicable.
We are redesignating paragraph (c) as paragraph (b), revising the
introductory text of paragraph (b) to read as follows: ``Pursuant to
section 466(a)(10) of the Act, when providing services under this
chapter, the State must:''. We are revising paragraph (b)(1) by
removing ``in effect in the State'' and replacing with ``being enforced
under title IV-D of the Act'' because section 466(a)(10) of the Act
does not restrict review of orders to those in effect in a State. We
are revising paragraph (b)(2) to read as follows: ``Not less than once
every three years, the State shall notify each parent subject to a
child support order in the State of the right to request a review of
the order, and the appropriate place and manner in which the request
should be made'' because section 466(a)(1) of the Act revised the one-
time notice to notification not less than once every three years.
We are removing redesignated paragraph (b)(3) which was partially
placed in the introductory text. We are removing redesignated paragraph
(b)(4) because under revised section 466(a)(10) of the Act reviews are
required only upon request. We are removing redesignated paragraph
(b)(5) because reviews are not mandatory. PRWORA amended section
454(29) of the Act to allow each State the option of choosing either
the title IV-D, IV-A, IV-E, XIX, or Food Stamp agency as having the
responsibility of determining good cause. We are removing redesignated
paragraphs (b)(6) and (7) because the revised section 466(a)(10) of the
Act only provides for a contest in the case of a COLA or automated
review and for a notice of the right to request a review but allows the
State to use their own procedures for other aspects of due process. We
are removing redesignated paragraph (b)(8) and paragraphs (d)(1)(i) and
(ii) because automated processes and COLAs may also be used in addition
to reviews based on guidelines.
We are redesignating paragraph (d)(2) as paragraph (c) which is
revised by removing ``which results from application of the
guidelines'' and replacing it with ``determined as a result of a
review''. We are redesignating paragraph (d)(3) as paragraph (d). We
are revising new paragraph (d) to remove the language ``to provide for
the children's health care needs'' when it appears a second time, to
remove the redundancy.
In addition, we are removing paragraphs (e)(1) and (e)(2) because
the revised section 466(a)(10) of the Act eliminates mandatory 3-year
reviews for cases with an assignment of support rights. We are
redesignating paragraph (e)(3) as paragraph (e) and revising it to read
as follows: ``Timeframes for review and adjustment.'' Within 180
calendar days of receiving a request for a review or locating the non-
requesting parent, whichever occurs later, a State must conduct a
review of the order and adjust the order or determine that the order
should not be adjusted, in accordance with this section.'' We are
making this revision to conform with the revised section 466(a)(10) of
the Act which requires reviews upon request.
We are revising paragraph (f) by removing ``Effective October 13,
1993 or such earlier date the State may select:'', and replacing all of
the language in (f)(1) with ``In interstate cases, the State with legal
authority to adjust the order will conduct the review and adjust the
order pursuant to this section when notified that a request has been
made''. We revised (f)(1) and are removing paragraph (f)(2) because all
States must enact and use UIFSA by January 1, 1998 which makes these
paragraphs obsolete. Thus, paragraph (f)(3) is redesignated as new
paragraph (f)(2).
Section 303.15 Agreements To Use the Federal Parent Locator Service
(PLS) in Parental Kidnapping and Child Custody Cases
This regulation implements sections 454(17) and 463 of the Act as
amended by the BBA to address the use of the FPLS for visitation
purposes. We are revising paragraphs (a)(1)(i) and (ii) by adding ``or
visitation'' after ``custody''. We are revising paragraph (a)(2) by
adding ``or visitation'' after the first mention of ``custody'', and
revising paragraph (b)(2) by adding ``or visitation'' after
``custody''. These revisions clarify that the FPLS may be used for
locating individuals for the purpose of visitation enforcement pursuant
to section 463 of the Act.
We are amending paragraph (b) by removing the language ``If the
State enters'' and replacing it with ``A State shall enter'' and by
removing the comma after ``regulations'' and replacing it with ``so
that''. These revisions are consistent with the amendments in the BBA
to sections 454(17) and 463(a) of the Act which require States to have
agreements with the Secretary pursuant to section 463 of the Act. In
addition, we are revising paragraph (c)(1) by removing ``an absent''
and replacing it with ``a''. This revision is for consistency with
technical changes that expanded the use of the FPLS for locating either
the custodial or noncustodial parent for the purposes specified in
section 463 of the Act.
Section 303.20 Minimum Organizational and Staffing Requirements
The authority for this rule is section 452(a)(2) of the Act. In
Sec. 303.20, we are revising paragraph (b)(3) by removing ``Reciprocal
Enforcement of Support Act'' and replacing it with ``Uniform Interstate
Family Support Act'' for conformity with PRWORA requirements at section
466(f) of the Act.
Section 303.21 Safeguarding information
The authorities for this regulation were sections 454(26) and 1102
of the Act. Section 303.21 applies to ``information concerning
applicants for and recipients of support enforcement services'' and
places limitations on the use and disclosure of that information.
Because amended sections 453(b)(2), 453(l), and 453(m) of the Act
contain numerous new provisions regarding the use, disclosure and
safeguarding of information concerning both custodial and noncustodial
parents and the purposes for which that information may be used and
disclosed, the limited scope of Sec. 303.21 renders it inconsistent
with the Act. We are removing Sec. 303.21 and will develop
comprehensive guidance consistent with PRWORA's provisions concerning
safeguarding information, including any implementing regulations that
may be necessary. OCSE issued a final rule August 21, 1998 (63 FR
44795) which included safeguarding information on automated systems.
The provisions of the Act and other applicable statutes continue to
govern the safeguarding, use and disclosure of information.
Section 303.30 Securing Medical Support
This rule implements section 452(f) of the Act which requires the
Secretary to issue regulations to require State agencies to petition
for inclusion of medical support in a child support order whenever
health care coverage is available to the noncustodial parent at
reasonable cost except as specified by 45 CFR 303.31(b)(1). We are
removing paragraph (b), redesignating paragraph
[[Page 6243]]
(c) as paragraph (b), and revising it by replacing ``paragraphs'' with
``paragraph'' and by removing ``and (b)(1)''. This revision is for
consistency with section 466(a)(19) of the Act which requires States to
enact laws under which all child support orders enforced under title
IV-D of the Act must include a provision for health care coverage of
the child. Therefore, non-IV-A applicants or recipients of services
under 45 CFR 302.33 no longer have the option, in receiving IV-D
services, to refuse the inclusion of health insurance coverage in the
order.
Section 303.31 Securing and Enforcing Medical Support Obligations
This rule implements sections 452(f) and 466(a)(19) of the Act. We
are revising paragraph (c) by replacing ``are available'' with ``will
be provided'' and by deleting paragraphs (c)(1) and (c)(2) because
receipt of medical support services in IV-D cases is no longer an
option for those receiving services under 45 CFR 302.33.
Section 303.70 Requests by the State Parent Locator Service (SPLS) for
Information From the Federal Parent Locator Service (FPLS)
The authorities for this regulation are sections 453, 454(8),
454(17), 463, and 1102 of the Act. For consistency with revisions to
sections 453 and 463 of the Act which expanded the purposes for which
States may access the FPLS, we are revising paragraphs (c)(1) and
(c)(2) by removing the word, ``absent''. For consistency with revisions
to sections 453, 454(8), and 463 of the Act, we are revising paragraph
(d)(1) by removing ``solely to locate an individual for the purpose of
establishing paternity or securing support or in connection with a
parental kidnapping or child custody case'' and replacing it with ``to
obtain information or to facilitate the discovery of any individual in
accordance with section 453(a)(2) of the Act for the purpose of
establishing parentage or establishing, setting the amount of,
modifying, or enforcing child support obligations, or for determining
who has or may have parental rights with respect to a child, or in
accordance with section 453(a)(3) of the Act, for enforcing a State law
with respect to the unlawful taking or restraint of a child, or for
making or enforcing a child custody or visitation determination as
defined in section 463(d)(1) of the Act''. In paragraph (d)(2), we are
removing ``of Sec. 303.21 of this chapter'' and inserting ``of sections
453(b), 453(l), 454(8), 454(17), 454(26), and 463(c) of the Act.''
These references are to applicable Federal requirements for
safeguarding information obtained through the FPLS.
Finally, section 316(f) of PRWORA adds to the Act new section
453(k)(3), requiring a State or Federal agency that receives
information from the FPLS to reimburse the Federal Office of Child
Support Enforcement for costs incurred in furnishing the information.
The provision is consistent with Federal policy, standards and
guidelines pertaining to cost recovery. Thus, we are revising
Sec. 303.70(e)(1)(i) by removing all the language after ``the Act'',
revising paragraph (e)(1)(ii) by adding, ``or visitation'' after
``custody'', adding a new Sec. 303.70(e)(1)(iii) to read, ``Section
453(k) of the Act.'', and revising Sec. 303.70(e)(2)(i) by adding
``453(k)(3) or'' after ``453(e)(2),'' deleting ``and'', and adding
``,except that the IV-D agency shall charge an individual specified in
section 453(c)(3) of the Act the fee required under section 453(e)(2)
of the Act'' after ``the Act''. This latter added language reflects the
Act's mandate that private individuals seeking information from the
FPLS be charged a fee. We also added references to section 453(k)(3) in
paragraphs (e)(3) and (e)(4) and removed the word ``location'' in
paragraph (e)(4)(i) to reflect the availability of more than just
location information from the FPLS.
Section 303.71 Requests for Full Collection Services by the Secretary
of the Treasury
We are removing the term ``Representative'' wherever it occurs in
Sec. 303.71 and replacing it with ``Office''. We are making this
technical change to update the section to current terminology for
Federal Regional Offices. In addition, we are updating paragraph (b) by
replacing ``1954'' with ``1986''.
Section 303.72 Requests for Collection of Past-due Support by Federal
Tax Refund Offset
In Sec. 303.72, we are revising paragraphs (a)(1) and (2) by
removing the citation ``Sec. 232.11 of this title'' and replacing it
with ``section 408(a)(3) of the Act''. We are revising paragraph (h)(1)
by removing the phrase, ``under Sec. 302.51(b)(4) and (5) and (e) of
this chapter'' because those subsections are removed by this interim
final rule, and replacing it with ``in accordance with section 457 of
the Act'' for consistency with the new distribution requirements under
PRWORA. In paragraph (h)(3), we are removing ``under Sec. 232.11 of
this title, 42 CFR 433.146, or section 471(a)(17) of the Act'' and in
paragraph (h)(4), we are removing the phrase ``Sec. 302.51(b)(4) and
(5) and (e) or Sec. 302.52(b)(3) and (4) of this chapter'' and
replacing it with ``section 457 of the Act''. We are removing these
citation phrases for the reasons stated above.
Section 303.80 Recovery of Direct Payments
We are removing Sec. 303.80 because the regulatory basis for the
recovery of direct child support payments in IV-A cases was made
obsolete when PRWORA ended the AFDC program. This is consistent with
the removal of Secs. 302.31(a)(3) and (4) which were removed for the
same reason. Recovery of direct payments will be in accordance with
State law.
Section 303.100 Procedures for Wage or Income Withholding
This regulation implements sections 466(a)(1), 466(a)(8) and 466(b)
of the Act. Changes to the income withholding requirements in these
sections of the Act necessitate numerous changes in this regulation. We
are revising the title by removing ``wage or'', and revising paragraph
(a) by removing the term, ``wages'' and replacing it with ``income as
defined in sections 466(b)(1) and (8) of the Act'', as section
466(a)(8) applies to more than solely wages. We are also removing
paragraph (a)(9), which allows States to include forms of income other
than wages in its withholding, as it is no longer applicable. This
revision necessitates redesignating paragraph (a)(10) as (a)(9). Due to
the change in definition, we are also making additional revisions by
replacing the two mentions of ``wages'' in paragraph (b)(1) with
``income'' and replacing ``wage'' in paragraph (b)(2)(i) with
``income''.
We are making a technical change in paragraph (c) by removing
``wages'' in the introductory text and replacing it with ``income'',
and in paragraph (c)(1) by removing ``wages or'' and replacing it with
``income of''. In addition, we are removing paragraph (c)(2) as PRWORA
revised section 466(b)(4) to remove the requirement of an advance
notice of initiated income withholding. This revision necessitates
redesignating paragraph (c)(3) as (c)(2).
We are revising the introductory language in paragraph (d) to read
as follows: ``Notice to the noncustodial parent in cases of initiated
withholding. The State must send a notice to the noncustodial parent
regarding the initiated withholding. The notice must inform the
noncustodial parent:'' This revision is in compliance with section
466(b)(4) which, as stated above, does not require an advance notice.
We are adding in a new paragraph (d)(1) a requirement that the notice
to the
[[Page 6244]]
noncustodial parent include a statement that the withholding has
commenced. Accordingly, paragraphs (d)(1)(i) to (iii) are renumbered as
new (d)(2) to (4). We removed paragraphs (d)(1)(iv) and (v), paragraph
(d)(2) and paragraph (e) because the elimination of the advance notice
requirement means that a contest is now after the fact so these
paragraphs are no longer applicable.
We are adding a new paragraph (d)(5) which states, ``Of the
information provided to the employer, pursuant to subsection (e) of
this section''. The notice requirement in new paragraph (d)(5) is
required by section 466(b)(4)(B) of the Act. States can meet this new
requirement by providing the noncustodial parent with a copy of the
withholding order that is sent to the employer.
Paragraph (f) is redesignated as paragraph (e). We are revising new
paragraph (e)(1) by adding ``using the standard Federal format'' after
the word ``notice''. We are making this revision to conform to section
466(b)(6)(A)(iii) of the Act, which requires the States to issue income
withholding notices in a standard format prescribed by the Secretary.
On January 27, 1998, the Office of Child Support Enforcement
distributed this standard income withholding form to the States in
OCSE-AT-98-03 (OMB No. 0970-0154).
We are revising the new paragraph (e)(1)(i) by removing the
citation ``(f)(1)(iii)'' and replacing it with ``(e)(1)(iii)''; and
revising new paragraph (e)(1)(ii) by removing ``10 working'' and
replacing it with ``7 business'', removing ``wages'' and replacing it
with ``income'' and by replacing ``State (or such other individual or
entity as the State may direct)'' with ``SDU'' in both occurrences; and
revising new paragraph (e)(1)(vi) by removing both mentions of
``wages'' and replacing them with ``income''. We are revising
paragraphs (e)(1)(vii) and (viii) by removing ``wages'' and replacing
it with ``income''. We are revising paragraph (e)(1)(ix) to read as
follows: ``(ix) That the employer must withhold from the noncustodial
parent's income the amount specified in the notice and pay such amount
to the State disbursement unit within 7 business days after the date
the noncustodial parent is paid.'' This change is necessitated by
revisions to section 466(b)(6) of the Act which require delivery of the
withheld income to the State disbursement unit within 7 (rather than
14) days of the date of withholding.
We are also revising paragraph (e)(2) to conform it to new section
453A of the Act, by removing the citation to ``(f)(1)'' and replacing
it with ``(e)(1)'', and removing ``entered'' and replacing it with
``received''.
In addition, we are removing paragraph (g) governing administration
of withholding because section 466(b)(5) of the Act was revised to
eliminate the requirement that the States designate a public entity for
the administration of income withholding. This revision necessitates
redesignation of paragraph (h) as paragraph (f).
We are revising redesignated paragraph (f), Interstate withholding,
to provide updated standards for program operations for both the
traditional two-state interstate income withholding remedy and UIFSA's
new one-state direct income withholding remedy. Redesignated paragraph
(f) incorporates PRWORA's revisions to section 466(b)(6) of the Act
which was revised to recognize the direct income withholding procedures
at section 502 of UIFSA. UIFSA provided the first legal authority for
the issuance of interstate withholding orders across State lines to
employers in another State. Section 466(f) of the Act mandates the
States to enact UIFSA. Paragraph (f)(1) is revised to state the general
interstate income withholding requirement that State law must require
employers to honor income withholding orders issued by any State.
Redesignated paragraph (f)(2) is revised to implement the choice of
law rules governing direct income withholding appearing at section
466(b)(6)(A)(i) of the Act. This provision of the Act contains the
exception to the general rule under which the employer is required to
withhold funds as directed in the withholding order. This exception, as
stated in new paragraph (f)(2), applies in direct income withholding
and requires the employer to follow the income withholding law of the
State of the employee's work-state to determine the appropriate
processing fees, withholding limits, time periods for implementing and
remitting payments, and the priorities for withholding and allocation
of income for multiple claims.
Redesignated paragraph (f)(3) is revised to contain the existing
requirements for the traditional two-state interstate income
withholding, rather than direct income withholding. Paragraph (f)(3)(i)
derives from former paragraph (h)(1) and allows States to require
registration of out-of-state orders provided the sole purpose of the
registration is to obtain jurisdiction of the order for enforcement
purposes. Paragraph (f)(3)(ii) derives from former paragraph (h)(3) and
contains the applicable time frames and referral requirements placed
upon the initiating State in an interstate income withholding action.
Paragraph (f)(3)(iii) derives from former paragraph (h)(4) and requires
the State responding to a request for interstate income withholding to
implement it in accordance with this section's general income
withholding requirements. Paragraph (f)(3)(iv) derives from former
paragraph (h)(5)(iv) and requires the State responding to the
interstate income withholding request to notify the initiating State
when the noncustodial parent is no longer employed in that State.
We are redesignating paragraph (i) as paragraph (g) and revising it
by removing ``between October 1, 1985, and January 1, 1994, or modified
after January 1, 1994,'' and replacing it with ``whether or not being
enforced under the State IV-D plan,''. We are making this revision
because this portion of paragraph (g) became outdated. We are also
revising new paragraph (g) by removing ``in order to ensure that
withholding as a means of support is available if arrearages occur
without the necessity of filing an application for IV-D services''
because this language merely restates the requirements of section
466(a)(8)(A).
Section 303.101 Expedited Processes
This regulation implements sections 466(a)(2) and 466(c) of the
Act. We are revising this section for consistency with PRWORA's
revisions to the required expedited processes detailed at sections
466(a)(2) and (c) of the Act. We are revising paragraph (a) to read as
follows: ``Definition.'' Expedited processes means administrative and
judicial procedures (including IV-D agency procedures) required under
section 466(a)(2) and (c) of the Act.'' We are revising paragraph
(b)(1) by adding ``modify,'' after ``establish,'' due to PRWORA's
revisions to section 466(a)(2) of the Act extending expedited processes
to include modification actions. Additionally, we are removing
paragraphs (c)(4) and (5), redesignating paragraph (c)(6) as paragraph
(c)(4), and revising the new paragraph (c)(4) by adding
``administrative or'' before ``judicial''. These revisions are for
consistency with the language of section 466(c)(1) which does not
require the use of presiding officers and the flush language following
section 466(c)(1) of the Act that allows for an appeal on the record to
an administrative or judicial tribunal.
[[Page 6245]]
Section 303.102 Collection of Overdue Support by State Income Tax
Refund Offset
The authorities for this regulation are sections 1102 and 466(a)(3)
of the Act under which the States must implement procedures to offset
State income tax refunds for past-due child support debts. We are
revising paragraph (a)(1) by removing ``Sec. 232.11 of this title or''
and replacing it with ``section 408(a)(3) of the Act''. For better flow
of subject matter, we are redesignating paragraph (c) as paragraph (d),
paragraph (d) as (e) and paragraph (e) as (c). Former section
466(a)(3)(B) specified that State tax must be distributed as
arrearages. That section was amended to refer only to distribution
under section 457. Section 457(a)(2)(iv) specifies that Federal income
tax refund offsets are applied to past-due support. However, section
457 does not direct State tax refund offsets to be applied in the same
manner. Therefore, we are revising new paragraph (d) by removing
paragraph (d)(2), removing the denotation for paragraph (d)(1), thus
making it introductory text, removing the citation to
``Sec. 302.51(e)'' and replacing it with ``Sec. 302.51(c)'', and by
removing ``; and'' at the end of the paragraph and replacing it with a
period. This conforms Sec. 303.102 to requirements under section 457 of
the Act. For the same reason, we are also revising paragraph (g) by
removing subparagraphs (1)(i) through (iii), placing the denotation
``(i)'' directly after ``(g)(1)'', adding ``in accordance with section
457 of the Act'' to the end of paragraph (g)(1), redesignating
paragraph (g)(1)(iv) as (g)(1)(ii), and removing the citation to
``Sec. 302.51(e)'' in (g)(1)(ii) and replacing it with
``Sec. 302.51(c)''.
Section 303.103 Procedures for the Imposition of Liens Against Real
and Personal Property
The authorities for this section are sections 466(a)(4) and 1102 of
the Act and the matter following section 466(a)(19) of the Act. We are
removing this section for two reasons. First, paragraph (b) is
inconsistent with the revised 466(a)(4) of the Act under which liens
arise by operation of law and liens arising in other States are
entitled to full faith and credit in the State where the property is
located. Second, paragraph (a) merely restates the law and we are
following the President's Initiative to limit regulations and are not
restating new statutory requirements in regulations.
Section 303.105 Procedures for Making Information Available to
Consumer Reporting Agencies
We are removing this section as portions of it are inconsistent
with the revised section 466(a)(7) of the Act which requires obligors
with any child support arrearage to be reported to consumer reporting
agencies. Consistent with the President's Initiative to limit
regulatory burden, we are not imposing mandates beyond those in statute
or restating statutory requirements and, therefore, are removing the
remaining portions.
Part 304 Federal Financial Participation
We are making several technical revisions to update and correct
this part. We are removing the term ``absent parent'' wherever it
appears and replacing it with ``noncustodial parent'' and removing the
term ``absent parents'' wherever it appears and replacing it with
``noncustodial parents'' for consistency with preferred statutory
terminology. In addition, we are removing the term ``AFDC'' wherever it
appears and replacing it with ``title IV-A'', except for 45 CFR 304.26.
We are removing the term ``non-AFDC'' wherever it appears and replacing
it with ``non-IV-A''. These revisions are for consistency with PRWORA
which repealed the AFDC program and substituted a new program under
title IV-A.
Section 304.12 Incentive Payments
In Sec. 304.12(a), we are removing the two citations of
``Sec. 232.11 of this title'' and replacing them with ``section
408(a)(3) of the Act''.
Section 304.20 Availability and Rate of Federal Financial
Participation
The authority for this section is section 455 of the Act. We are
removing paragraph (b)(1)(viii)(C) for two reasons. First, the cross
reference to 45 CFR 232.12 is now obsolete as a result of PRWORA.
Secondly, new section 454(29)(A) of the Act requires that the IV-D
agency make the determination and redetermination for cooperation of
applicants and recipients of title IV-A. This determination was
previously required to be made by the IV-A agency. Therefore, paragraph
(b)(1)(viii)(D) is redesignated as paragraph (b)(1)(viii)(C).
Similarly, we are removing paragraph (b)(1)(ix)(C) regarding the
establishment of agreements with Medicaid agencies for the
determination of whether individuals receiving Medicaid are cooperating
adequately as PRWORA requires the IV-D agency instead of the Medicaid
agency to make the determination of cooperation in title XIX cases
pursuant to section 454(29)(A) of the Act. This revision necessitates
paragraph (b)(1)(ix)(D) to be redesignated as paragraph (b)(1)(ix)(C).
The IV-D agency may continue to work with the IV-A and Medicaid
agencies to determine cooperation and establish any necessary
agreements pursuant to paragraph (b)(1)(iii).
Further, we are revising this newly designated paragraph by
changing the citation, ``Sec. 302.51(e)'' to ``Sec. 302.51(c)''.
Finally, we are revising paragraph (b)(3)(iv) by removing ``wage
withholding'' and replacing it with ``income withholding'' for
consistency with PRWORA.
Section 304.21 Federal Financial Participation in the Costs of
Cooperative Arrangements with Courts and Law Enforcement Officials
The authority for this section is section 454(7) of the Act. We are
revising Sec. 304.21(a) by removing the first word of the last
sentence, ``Then'' and replacing it with ``When'' for accuracy.
Section 304.26 Determination of Federal Share of Collections
This section implements portions of section 457 of the Act. We are
revising this section to include references to foster care maintenance
payments under title IV-E of the Act. We are also revising this section
to be consistent with the revised language of sections 457(c)(2) and
(3) of the Act that specifies the use of the Federal Medical Assistance
Percentage (FMAP) formula in calculating the Federal share of child
support collections. Section 457(c)(2) specifies that the Federal share
is the amount resulting from the application of the FMAP in effect for
the year the amount is distributed, to the amount collected. The FMAP
is currently in use for the foster care maintenance program, but not
for the program under title IV-A of the Act. Section 457(c)(3)
specifies the FMAP to be used under title IV-A of the Act. Section
457(c)(3)(A) authorized 75 percent with respect to Puerto Rico, the
Virgin Islands, Guam, and America Samoa and is part of the FMAP
definition. For all other jurisdictions the rate is the FMAP in effect
on September 30, 1995. With the repeal of the AFDC program, the use of
the AFDC FFP formula rate is no longer valid. States only can use the
FMAP formula. Accordingly, we are deleting the two references to
``AFDC'' in paragraph (a) and are substituting ``title IV-A'', and are
deleting paragraphs ``(a)(1)'', ``(a)(1)(i)'', ``(a)(1)(ii)'',
``(a)(1)(ii)(A)'', ``(a)(1)(ii)(B)'', ``(a)(2)'', ``(a)(2)(i)'', and
``(a)(2)(ii)''. Paragraph (a) will contain
[[Page 6246]]
only references to the FMAP in computing the Federal share. We are
adding a new paragraph (c) indicating that if a hold harmless payment
is made pursuant to section 457(d) in the Act, the payment will be made
from the Federal share of collections following payment of the
incentive amount as described by 45 CFR 304.26(b).
Section 304.29 Application of Other Regulations
The authorities for this section are sections 1102 and 1116 of the
Act. We are revising Sec. 304.29 by removing ``Regional Representative
which refers to the Regional Representatives of the Office of Child
Support Enforcement'' and replacing it with ``Regional Administrator
which refers to the Regional Administrator of the Administration for
Children and Families''. This revision is made to update the section.
Section 304.40 Repayment of Federal Funds by Installments
This regulation is authorized under the Secretary's general
rulemaking authority under section 1102 of the Act. We are revising
Sec. 304.40(a)(2) by removing ``Representative'' and replacing it with
``Office'', and revising paragraph (b)(2) by removing ``OCSE-OA-25''
and replacing it with ``required financial reports'', and removing
``(as shown on the latest OCSE-OA-25)''. These revisions are made to
update the section.
PART 305--Audit and Penalty: Section 305.0 Scope, Section 305.1
Definitions, Section 305.10 Timing and Scope of Audit, Section 305.11
Audit Period, Section 305.12 State Comments, Section 305.13 State
Cooperation in Annual Audit, Section 305.20 Effective Support
Enforcement Program, Section 305.98 Performance Indicators and Audit
Criteria, Section 305.99 Notice and Corrective Action Period, and
Section 305.100 Penalty For Failure to Have an Effective Support
Enforcement Program.
We are removing and reserving part 305. We are removing this part
because it was based on former sections 403(h) and 452(a)(4) of the Act
which were revised under PRWORA and the BBA to provide for audits of
data and calculations transmitted by State agencies, review of State
annual reports, and other audits as deemed appropriate by HHS. Separate
regulations will be published to address the new audit and penalty
provisions in sections 403(h) and 452(a)(4) of the Act.
Waiver of Proposed Rulemaking
These regulations are being published in final form with a comment
period. The Administrative Procedure Act, 5 U.S.C. 553(b)(B), provides
that, if the Department for good cause finds that a notice of proposed
rulemaking is unnecessary, impracticable or contrary to the public
interest, it may dispense with the notice if it incorporates a brief
statement in the final regulations of the reasons for doing so.
The Department finds that there is good cause to dispense with
proposed rulemaking procedures with respect to these changes for the
following reasons. First, we are making changes merely to remove
inconsistencies with the revised statute. The regulations will be
updated and are noncontroversial. Secondly, the changes to the Act were
enacted on August 22, 1996. We would like to revise our rules as
quickly as possible to be consistent with these changes. Therefore, we
are eliminating a proposed rule for the sake of expediency.
For these reasons, OCSE believes that there is sufficient cause to
dispense with proposed rulemaking. Nonetheless, we wish to have the
advantage of the information and opinions we may receive through public
comments. We will consider any comments received and revise the
regulations if necessary. We will issue a final document confirming
that this interim final rule is final and will add any revisions, as
needed, from the comments.
Paperwork Reduction Act
Part 302 contains an information collection requirement as required
by the Paperwork Reduction Act of 1995 (44 U.S.C. 3507 (d)).
Title: State Plan for Child Support Collection and Establishment of
Paternity Under Title IV-D of the Social Security Act.
Summary: The State plan preprint and amendments serve as a contract
with OCSE in outlining the activities the States will perform as
required by law in order for States to receive Federal funds to meet
the costs of these activities. This interim final rule serves to
eliminate regulations, in part or in whole, which were rendered
obsolete by or inconsistent with, the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (PRWORA), the Balanced Budget
Act of 1997 (BBA) and the Adoption and Safe Families Act of 1997. All
of the required new and revised State plan preprints were approved by
OMB July 7, 1997 and February 18, 1998, both under OMB No. 0970-0017.
Also new forms were approved by OMB Nos. 0970-0085 (Standard Interstate
Forms), 0970-0152 (Lien and Subpoena Forms), and 0970-0154 (Wage
Withholding Form). An additional information collection burden consists
of updating the State plan by removing the State plan preprint page for
Section 3.12, Payment of Support through the IV-D agency or Other
Entity, due to removal of 45 CFR 302.57, Procedures for payment of
support through the IV-D agency or other entity. The effect of removing
section 302.57 reduces the information collection burden relating to
State plan requirements by 38 annual hours, from 1,316 annual burden
hours to 1,278 annual burden hours. The information collected on the
State plan pages is necessary to enable OCSE to monitor compliance with
the requirements in title IV-D of the Social Security Act and
implementing regulations.
Respondents: States and Territories.
----------------------------------------------------------------------------------------------------------------
Number of
Instrument Number of responses per Average burden hours per Total burden
respondents respondent response hours
----------------------------------------------------------------------------------------------------------------
OCSE-100 (Section 302.57)......... 54 1 43 minutes 38
----------------------------------------------------------------------------------------------------------------
Estimated Revised Total Annual Burden Hours: 1,278.
The Administration for Children and Families will consider comments
by the public on this proposed collections(s) of information in--
Evaluating whether the proposed collection(s) is [are]
necessary for the proper performance of the functions of ACF, including
whether the information will have practical utility;
Evaluating the accuracy of the ACF's estimate of the
burden of the proposed collection(s) of information, including the
validity of the methodology and assumptions used;
[[Page 6247]]
Enhancing the quality, usefulness, and clarity of the
information to be collected; and
Minimizing the burden of the collection of information on
those who are to respond, including through the use of appropriate
automated, electronic, mechanical, or other technology, e.g.,
permitting electronic submission of responses.
In compliance with the requirements of section 3506(c)(2)(A) of the
Paperwork Reduction Act of 1995, the Administration for Children and
Families is soliciting public comment on the specific aspects of the
information collection described above. Copies of the proposed
collection of information can be obtained and comments may be forwarded
by writing to the Administration for Children and Families, Office of
Information Services, Division of Information Resource Management
Services, 370 L'Enfant Promenade, SW, Washington, DC 20447, Attn: ACF
Reports Clearance Officer. All requests should be identified by the
title of the information collection. Consideration will be given to
comments received within sixty days of this notice.
Regulatory Flexibility Analysis
The Secretary certifies, under 5 U.S.C. 605(b), as enacted by the
Regulatory Flexibility Act (Pub. L. 96-354), that this rule will not
result in a significant impact on a substantial number of small
entities. The primary impact is on State governments and individuals
and results from restating the provisions of the statute. State
governments are not considered small entities under the Act.
Regulatory Impact Analysis
Executive Order 12866 requires that regulations be reviewed to
ensure that they are consistent with the priorities and principles set
forth in the Executive Order. The Department has determined that this
rule is consistent with these priorities and principles. No costs are
associated with this rule as it merely ensures consistency between the
statute and regulations.
Unfunded Mandates Reform Act of 1995
Section 202 of the Unfunded Mandates Reform Act of 1995 requires
that a covered agency prepare a budgetary impact statement before
promulgating a rule that includes any Federal mandate that may result
in the expenditure by State, local, and Tribal governments, in the
aggregate, or by the private sector, of $100 million or more in any one
year.
If a covered agency must prepare a budgetary impact statement,
section 205 further requires that it select the most cost-effective and
least burdensome alternative that achieves the objectives of the rule
and is consistent with the statutory requirements. In addition, section
203 requires a plan for informing and advising any small governments
that may be significantly or uniquely impacted by the interim final
rule.
We have determined that the interim final rule will not result in
the expenditure by State, local, and Tribal governments, in the
aggregate, or by the private sector, of more than $100 million in any
one year. Accordingly, we have not prepared a budgetary impact
statement, specifically addressed the regulatory alternatives
considered, or prepared a plan for informing and advising any
significantly or uniquely impacted small governments.
Congressional Review
This interim final rule is not a major rule as defined in 5 U.S.C.,
Chapter 8.
List of Subjects
45 CFR Part 301
Child support, Grant programs/social programs.
45 CFR Part 302
Child support, Grant programs/social programs, Reporting and
recordkeeping requirements.
45 CFR Parts 303 and 304
Child support, Grant programs/social programs, Reporting and
recordkeeping requirements.
45 CFR Part 305
Accounting, Child support, Grant programs/social programs,
Reporting and recordkeeping requirements.
(Catalog of Federal Domestic Assistance Programs No. 93.563, Child
Support Enforcement Program)
Dated: January 15, 1999.
Olivia A. Golden,
Assistant Secretary for Children and Families.
For the reasons discussed above, we are amending title 45 chapter
III of the Code of Federal Regulations as follows:
PART 301--STATE PLAN APPROVAL AND GRANT PROCEDURES
1. The authority citation for part 301 continues to read as set
forth below:
Authority: 42 U.S.C. 651 through 658, 660, 664, 666, 667, 1301,
and 1302.
Sec. 301.1 [Amended]
2. In Sec. 301.1, the definitions of ``Assigned support
obligation'' and ``Assignment'' are amended by removing ``Sec. 232.11
of this chapter'' and adding ``section 408(a)(3) of the Act'' in its
place, the definition for ``Central registry'' is amended by removing
``URESA'' and adding ``UIFSA'' in its place, and by removing the term
``AFDC'' and adding the term ``title IV-A'' in its place in the title
and definition for ``Non-AFDC Medicaid recipient.''
PART 302--STATE PLAN REQUIREMENTS
3. The authority citation for part 302 continues to read as
follows:
Authority: 42 U.S.C. 651 through 658, 660, 664, 666, 667, 1302,
1396a(a)(25), 1396b(d)(2), 1396b(o), 1396b(p), 1396(k).
4. In part 302, the term ``absent parent'' is removed wherever it
appears and the term ``noncustodial parent'' is added in its place, and
the term ``absent parents'' is removed wherever it appears and the term
``noncustodial parents'' is added in its place.
5. In part 302, the term ``AFDC'' is removed wherever it appears
and the term ``title IV-A'' is added in its place, and the term ``non-
AFDC'' is removed wherever it appears and the term ``non-IV-A'' is
added in its place.
Sec. 302.12 [Amended]
6. In Sec. 302.12, paragraph (a)(1) is amended by removing
paragraph (a)(1)(i) and redesignating paragraph (a)(1)(ii) as (a)(1)(i)
and paragraph (a)(1)(iii) as (a)(1)(ii).
Sec. 302.31 [Amended]
7. In Sec. 302.31:
a. Paragraph (a)(2) is amended by removing ``and reciprocal
arrangements adopted with other States when appropriate'', and
``regarding intrastate and interstate establishment and enforcement of
support obligations'' is added in its place;
b. Paragraph (a)(3) is removed and reserved;
c. Paragraph (b) is amended by removing ``from the IV-A, IV-E or
Medicaid agency that there has been'' and adding in its place ``of'';
and
d. Paragraph (c) is amended by removing ``from the IV-A, IV-E or
Medicaid agency'' and ``by the IV-A, IV-E or Medicaid agency, as
appropriate''.
8. Section 302.32 is revised to read as follows:
Sec. 302.32 Collection and disbursement of support payments by the IV-
D Agency.
The State plan shall provide that effective October 1, 1998 (or
October 1, 1999, for States which paid support through courts on August
22, 1996,):
(a) In any case in which support payments are collected for a
recipient of
[[Page 6248]]
aid under the State's title IV-A plan with respect to whom an
assignment under section 408(a)(3) of the Act is effective, such
payments shall be made to the State disbursement unit and shall not be
paid directly to the family.
(b) Timeframes for disbursement of support payments by State
disbursement unit (SDU) under section 454B of the Act.
(1) In interstate IV-D cases, amounts collected by the responding
State on behalf of the initiating State must be forwarded to the
initiating State within 2 business days of the initial point of receipt
by the SDU in the responding State, in accordance with
Sec. 303.7(c)(7)(iv).
(2) Amounts collected by the IV-D agency on behalf of recipients of
aid under the State's title IV-A or IV-E plan for whom an assignment
under sections 408(a)(3) or 471(a)(17) of the Act is effective shall be
disbursed by the SDU within the following timeframes:
(i) Except as specified under paragraph (b)(2)(iv) of this section,
if the SDU sends payment to the family (other than payments sent to the
family from the State share of assigned support collections), the SDU
must send these payments within 2 business days of the end of the month
in which the payment was received by the SDU. Any payment passed
through to the family from the State share of assigned support
collections must be sent to the family within 2 business days of the
date of receipt by the SDU.
(ii) Except as specified under paragraph (b)(2)(iv) of this
section, when the SDU sends collections to the family for the month
after the month the family becomes ineligible for title IV-A, the SDU
must send collections to the family within 2 business days of the date
of initial receipt in the State.
(iii) Except as specified under paragraph (b)(2)(iv) of this
section, when the SDU sends collections to the IV-E foster care agency
under Sec. 302.52(b)(2) and (4) of this part, the SDU must send
collections to the IV-E agency within 15 business days of the end of
the month in which the support was initially received in the State.
(iv) Collections as a result of Federal income tax refund offset
paid to the family under section 457(a)(2)(iv) of the Act or
distributed in title IV-E foster care cases under Sec. 302.52(b)(4) of
this part, must be sent to the IV-A family or IV-E agency, as
appropriate, within 30 calendar days of the date of initial receipt by
the IV-D agency, unless State law requires a post-offset appeal process
and an appeal is filed timely, in which case the SDU must send any
payment to the IV-A family or IV-E agency within 15 calendar days of
the date the appeal is resolved.
(3)(i) Except as provided under paragraph (b)(3)(ii) of this
section, amounts collected on behalf of individuals receiving services
under Sec. 302.33 of this part shall be disbursed by the SDU pursuant
to section 457 of the Act, within 2 business days of initial receipt in
the State.
(ii) Collections due the family under section 457(a)(2)(iv) of the
Act as a result of Federal income tax refund offset must be sent to the
family within 30 calendar days of the date of initial receipt in the
IV-D agency, except:
(A) If State law requires a post-offset appeal process and an
appeal is timely filed, in which case the SDU must send any payment to
the family within 15 calendar days of the date the appeal is resolved;
or
(B) As provided in Sec. 303.72(h)(5) of this chapter.
Sec. 302.34 [Amended]
9. Section 302.34 is amended by removing the word ``and'' and the
period and adding in its place, commas and adding ``Indian tribes or
tribal organizations'' at the end of the first sentence; and by
removing the phrase, ``including the immediate transfer of the
information obtained under Sec. 235.70 of this title to the court or
law enforcement official'' in the third sentence.
10. In Sec. 302.35:
a. Paragraph (c)(1) is amended by removing the phrase ``or medical
support obligations if an agreement is in effect under Sec. 306.2 of
this chapter'';
b. Paragraph (c)(2) is amended by adding the phrase, ``or to serve
as the initiating court in an action to seek an order'' after
``order'';
c. Paragraph (c)(4) is amended by adding, ``, visitation'' after
``kidnapping'';
d. New paragraphs (c)(5) and (d) are added to read as follows:
Sec. 302.35 State parent locator service.
* * * * *
(c) * * *
(5) A State agency that is administering a program operated under a
State plan under subpart 1 of part B, or a State plan approved under
subpart 2 of part B or under part E.
(d) The State PLS shall, subject to the privacy safeguards required
under section 454(26) of the Act, disclose only the information
described in sections 453 and 463 of the Act to the authorized persons
specified in such sections for the purposes specified in such sections.
11. Section 302.50 is revised to read as follows:
Sec. 302.50 Assignment of rights.
The State plan shall provide as follows:
(a) An assignment of support rights, as defined in Sec. 301.1 of
this chapter, constitutes an obligation owed to the State by the
individual responsible for providing such support. Such obligation
shall be established by:
(1) Order of a court of competent jurisdiction or of an
administrative process; or
(2) Except for obligations assigned under 42 CFR 433.146, other
legal process as established by State laws, such as a legally
enforceable and binding agreement.
(b) The amount of the obligation described in paragraph (a) of this
section shall be:
(1) The amount specified in the order of a court of competent
jurisdiction or administrative process which covers the assigned
support rights.
(2) If there is no court or administrative order, an amount
determined in writing by the IV-D agency as part of the legal process
referred to in paragraph (a)(2) of this section in accordance with the
requirements of Sec. 302.56; or
(c) The obligation described in paragraph (a) of this section shall
be deemed for collection purposes to be collectible under all
applicable State and local processes.
(d) Any amounts which represent support payments collected from an
individual responsible for providing support under the State plan shall
reduce, dollar for dollar, the amount of his obligation under this
section.
(e) No portion of any amounts collected which represent an assigned
support obligation defined under Sec. 301.1 of this chapter may be used
to satisfy a medical support obligation unless the court or
administrative order designates a specific dollar amount for medical
purposes.
12. Section 302.51 is revised to read as follows:
Sec. 302.51 Distribution of support collections.
The State plan shall provide as follows:
(a)(1) For purposes of distribution in a IV-D case, amounts
collected, except as provided under paragraph (a)(3) of this section,
shall be treated first as payment on the required support obligation
for the month in which the support was collected and if any amounts are
collected which are in excess of such amount, these excess amounts
shall be treated as amounts which represent payment on the required
support obligation for previous months.
[[Page 6249]]
(2) In title IV-A and title IV-E foster care cases in which
conversion to a monthly amount is necessary because support is ordered
to be paid other than monthly, the IV-D agency may round off the
converted amount to whole dollar amount for the purpose of distribution
under this section and Sec. 302.52 of this part.
(3) Amounts collected through Federal income tax refund offset must
be distributed as arrearages in accordance with Sec. 303.72(h) of this
chapter, and section 457(a)(2)(iv) of the Act.
(4)(i) Effective October 1, 1998 (or October 1, 1999 if applicable)
except with respect to those collections addressed under paragraph
(a)(3) of this section and except as specified under paragraph
(a)(4)(ii) of this section, with respect to amounts collected and
distributed under title IV-D of the Act, the date of collection for
distribution purposes in all IV-D cases is the date of receipt in the
State disbursement unit established under section 454B of the Act.
(ii) If current support is withheld by an employer in the month
when due, and received by the State in a month other than the month
when due, the date of withholding may be deemed to be the date of
collection.
(iii) When the date of collection pursuant to this subparagraph is
deemed to be the date the wage or other income was withheld, and the
employer fails to report the date of withholding, the IV-D agency must
reconstruct that date by contacting the employer or comparing actual
amounts collected with the pay schedule specified in the court or
administrative order.
(b) If an amount collected as support represents payment on the
required support obligation for future months, the amount shall be
applied to such future months. However, no such amounts shall be
applied to future months unless amounts have been collected which fully
satisfy the support obligation assigned under section 403(a)(8) of the
Act for the current month and all past months.
(c)(1) The amounts collected by the IV-D agency which represent
specific dollar amounts designated in the support order for medical
purposes that have been assigned to the State under 42 CFR 433.146
shall be forwarded to the Medicaid agency for distribution under 42 CFR
433.154.
(2) When a family ceases receiving assistance under the State's
title XIX plan, the assignment of medical support rights under section
1912 of the Act terminates, except for the amount of any unpaid medical
support obligation that has accrued under such assignment. The IV-D
agency shall attempt to collect any unpaid specific dollar amounts
designated in the support order for medical purposes. Under this
requirement, any medical support collection made by the IV-D agency
under this paragraph shall be forwarded to the Medicaid agency for
distribution under 42 CFR 433.154.
Sec. 302.52 [Amended]
13. In Sec. 302.52(b)(5), the citation ``Sec. 232.11 of this title
and section 471(a)(17) of the Act'' are removed and ``sections
408(a)(3) and 471(a)(17) of the Act'' is added in its place.
Sec. 302.54 [Amended]
14. In Sec. 302.54(a)(1), the citation ``Sec. 232.11 of this
title'' is removed and ``section 408(a)(3) of the Act'' is added in its
place.
Sec. 302.57 [Removed]
15. Section 302.57 is removed.
Sec. 302.70 [Amended]
16. In Sec. 302.70:
a. Paragraph (a) introductory text, is amended by adding ``and part
303 of this chapter'' after ``Act''; removing ``the following'' after
``implemented''; and adding commas after ``for'' and ``improve'';
b. Paragraph (d)(1) is amended by removing ``paragraph (a) of this
section'' and adding ``section 466 of the Act'' in its place; and
c. Paragraph (d)(2) is amended by removing ``paragraph (a)(2) of
this section'' and adding ``section 466(a)(2) of the Act'' in its
place.
Sec. 302.75 [Amended]
17. In Sec. 302.75(b)(4), the citation, ``Sec. 232.11 of this
title'' is removed and ``section 408(a)(3) of the Act'' is added in its
place.
Sec. 302.80 [Amended]
18. In Sec. 302.80(a), the second sentence is removed.
PART 303--STANDARDS FOR PROGRAM OPERATIONS
19. The authority citation for part 303 continues to read as
follows:
Authority: 42 U.S.C. 651 through 658, 660, 663, 664, 666, 667,
1302, 1396a(a)(25), 1396b(d)(2), 1396b(o), 1396b(p), and 1396(k).
20. In part 303, the term ``absent parent'' is removed wherever it
appears, except for Sec. 303.15(c) (1), and the term ``noncustodial
parent'' is added in its place, the term ``absent parents'' is removed
wherever it appears and the term ``noncustodial parents'' is added in
its place, and the term ``absent parent's'' is removed wherever it
appears, except for Sec. 303.70(c)(1) and (2), and the term
``noncustodial parent's'' is added in its place.
21. In part 303, the term ``AFDC'' is removed wherever it appears
and the term ``title IV-A'' is added in its place, and the term ``non-
AFDC'' is removed wherever it appears and the term ``non-IV-A'' is
added in its place.
22. In part 303, the term ``IRS'' is removed wherever it appears
and the term ``Secretary of the U. S. Treasury'' is added in its place,
except for Sec. 303.72(i) where the term ``Department of Treasury'' is
added in its place.
Sec. 303.3 [Amended]
23. In Sec. 303.3(b)(1) ``and other sources'' is added at the end
of the paragraph.
24. In Sec. 303.5:
a. Paragraph (d)(1) is revised to read as follows:
Sec. 303.5 Establishment of paternity. [Amended]
* * * * *
(d)(1) Upon request of any party in a contested paternity case in
accordance with section 466(a)(5)(B) of the Act, and subject to the
provisions of paragraph (b) of this section, the IV-D agency shall
require all parties to submit to genetic tests unless, in the case of
an individual receiving aid under the State's title IV-A, IV-E or XIX
plan, or those recipients of the food stamp program, as defined under
section 3(h) of the Food Stamp Act of 1977 who are required to
cooperate with the child support program, there has been a
determination of good cause for refusal to cooperate under section
454(29) of the Act.
* * * * *
b. Paragraph (d)(2) is amended by removing the term, ``legal'';
c. Paragraph (e)(1) is amended by adding the phrase ``Except as
provided in paragraph (e)(3) of this section,'' at the beginning of the
paragraph, and the capital ``T'' in the word ``The'' is removed and a
lower case ``t'' is added in its place;
d. Paragraph (e)(3) is revised to read as follows:
* * * * *
(e) * * *
(3) If paternity is established and genetic tests were ordered by
the IV-D agency, the IV-D agency must pay the costs of such tests,
subject to recoupment (if the agency elects) from the alleged father
who denied paternity. If a party contests the results of an original
test, the IV-D agency shall obtain additional tests but shall require
the contestant to pay for the costs of any such additional testing in
advance.
[[Page 6250]]
Sec. 303.7 [Amended]
25. In Sec. 303.7:
a. Paragraph (a)(1) is amended by ending the sentence with
``incoming interstate IV-D cases'' and removing all matter thereafter;
b. Paragraph (b)(2) is amended by removing ``URESA petitions and'';
c. Paragraph (b)(3) is amended by removing ``either the Interstate
Child Support Enforcement Transmittal Form or the URESA Action Request
Forms package as appropriate'' and adding ``Federally-approved
interstate forms'' in its place, and adding the term, ``Federal''
before the last word ``forms'';
d. Paragraph (b)(6) is amended by removing the citation
``Sec. 303.8(f)(1)'' and adding Sec. 303.8'' in its place;
e. Paragraph (c)(4) is amended by removing ``a URESA Action Request
Form or other alternative State form'';
f. Paragraph (c)(7)(iii) is amended by removing ``Uniform
Reciprocal Enforcement of Support Act'' and adding ``Uniform Interstate
Family Support Act'' in its place, and by removing ``through 303.105''
and adding ``through 303.102 and 303.104'' in its place;
g. Paragraph (c)(7)(iv) is amended by removing ``no later than 15
calendar days from the date of initial receipt in the responding
State'' and ``or that the payments were made through State income tax
refund offset'';
h. Paragraph (c)(7)(v) is amended by removing the citation
``Sec. 303.8(f)(2)'' and adding ``Sec. 303.8'' in its place; and
i. Paragraph (d)(3) is revised to read as follows:
* * * * *
(d) * * *
(3) If paternity is established in the responding State, the IV-D
agency must attempt to obtain a judgment for the costs of genetic
testing ordered by the IV-D agency from the alleged father who denied
paternity. If the costs of initial or additional genetic testing are
recovered, the responding State must reimburse the initiating State.
* * * * *
26. Section 303.8 is revised to read as follows:
Sec. 303.8 Review and adjustment of child support orders.
(a) Definition: For purposes of this section, Parent includes any
custodial parent or non-custodial parent (or for purposes of requesting
a review, any other person or entity who may have standing to request
an adjustment to the child support order).
(b) Pursuant to section 466(a)(10) of the Act, when providing
services under this chapter, the State must:
(1) Have in effect and use a process for review and adjustment of
child support orders being enforced under title IV-D of the Act,
including a process for challenging a proposed adjustment or
determination.
(2) Not less than once every three years, notify each parent
subject to a child support order in the State of the right to request a
review of the order, and the appropriate place and manner in which the
request should be made.
(c) The State may establish a reasonable quantitative standard
based upon either a fixed dollar amount or percentage, or both, as a
basis for determining whether an inconsistency between the existent
child support award amount and the amount of support determined as a
result of a review is adequate grounds for petitioning for adjustment
of the order.
(d) The need to provide for the child's health care needs in the
order, through health insurance or other means, must be an adequate
basis under State law to petition for adjustment of an order,
regardless of whether an adjustment in the amount of child support is
necessary. In no event shall the eligibility for or receipt of Medicaid
be considered to meet the need to provide for the child's health care
needs in the order.
(e) Timeframes for review and adjustment. Within 180 calendar days
of receiving a request for a review or locating the non-requesting
parent, whichever occurs later, a State must: conduct a review of the
order and adjust the order or determine that the order should not be
adjusted, in accordance with this section.
(f) Interstate review and adjustment. (1) In interstate cases, the
State with legal authority to adjust the order will conduct the review
and adjust the order pursuant to this section.
(2) Applicable laws and procedures. The applicable laws and
procedures for review and adjustment of child support orders, including
the State guidelines for setting child support awards, established in
accordance with Sec. 302.56 of this chapter, are those of the State in
which the review and adjustment, or determination that there be no
adjustment, take place.
Sec. 303.15 [Amended]
27. In Sec. 303.15: '
a. Paragraphs (a)(1) (i) and (ii) are amended by adding ``or
visitation'' after ``custody'';
b. Paragraph (a)(2) is amended by adding ``or visitation'' after
the first mention of ``Custody'' and before ``Determination'';
c. Paragraph (b) is amended by removing ``If the State enters'' and
adding ``A State shall enter'' in its place, and by removing the comma
after ``regulations'' and adding ``so that'' in its place;
d. Paragraph (b)(2) is amended by adding ``or visitation'' after
``custody''; and
e. Paragraph (c)(1) is amended by removing ``an absent'' and adding
``a'' in its place.
Sec. 303.20 [Amended]
28. In Sec. 303.20 paragraph (b)(3) is amended by removing
``Reciprocal Enforcement of Support Act'' and adding ``Uniform
Interstate Family Support Act'' in its place.
Sec. 303.21 [Removed]
29. Section 303.21 is removed.
Sec. 303.30 [Amended]
30. In Sec. 303.30:
a. Paragraph (b) is removed; and
b. Paragraph (c) is redesignated as paragraph (b), and amended by
removing ``paragraphs'' and adding ``paragraph'' in its place, and by
removing ``and (b)(1)''.
Sec. 303.31 [Amended]
31. In Sec. 303.31, paragraph (c), introductory text, is amended by
removing ``are available'' and adding ``will be provided'' in its
place, and by removing the colon at the end of the paragraph and adding
a period in its place; and by removing paragraphs (c)(1) and (c)(2).
Sec. 303.70 [Amended]
32. In Sec. 303.70:
a. Paragraphs (c)(1) and (c)(2) are amended by removing the word,
``absent'';
b. Paragraph (d)(1) is amended by removing ``solely to locate an
individual for the purpose of establishing paternity or securing
support or in connection with a parental kidnapping or child custody
case'' and adding ``to obtain information or to facilitate the
discovery of any individual in accordance with section 453(a)(2) of the
Act for the purpose of establishing parentage or establishing, setting
the amount of, modifying, or enforcing child support obligations, or
for determining who has or may have parental rights with respect to a
child, or in accordance with section 453(a)(3) of the Act for enforcing
a State law with respect to the unlawful taking or restraint of a
child, or for making or enforcing a child custody or visitation
determination as defined in section 463(d)(1) of the Act'' in its
place;
c. Paragraph (d)(2), is amended by removing ``of Sec. 303.21 of
this chapter''
[[Page 6251]]
and adding ``of sections 453(b), 453(l), 454(8), 454(17), 454(26), and
463(c) of the Act'' in its place;
d. Paragraph (e)(1)(i) is amended by removing all the language
after ``the Act'' and adding a semicolon after ``Act'';
e. Paragraph (e)(1)(ii) is amended by adding ``or visitation''
after ``custody'' and by removing the period and adding a semicolon in
its place;
f. A new paragraph (e)(1)(iii) is added to read as follows:
* * * * *
(e) * * *
(1) * * *
(iii) Section 453(k) of the Act.
g. Paragraph (e)(2)(i) is amended by adding a comma and ``453(k)(3)
or'' after ``453(e)(2)'', removing ``and'', and adding ``, except that
the IV-D agency shall charge an individual specified in section
453(c)(3) of the Act the fee required under section 453(e)(2) of the
Act'' after ``the Act'' in its place;
h. Paragraph (e)(3) is amended by adding ``, 453(k)(3)'' after
``453(e)(2)''; and
i. Paragraph (e)(4)(i) is amended by adding ``, and furnishing
information under section 453(k)(3) of the Act,'' after ``Act'' and by
removing the word ``location'' in the second sentence.
Sec. 303.71 [Amended]
33. In Sec. 303.71:
a. Paragraph (b) is amended by removing ``1954'' and adding
``1986'' in its place.
b. Paragraphs (f) and (g) are amended by removing
``Representative'' wherever it appears and adding ``Office'' in its
place; and
Sec. 303.72 [Amended]
34. In Sec. 303.72:
a. Paragraphs (a)(1) and (2) are amended by removing the citation
``Sec. 232.11 of this title'' and adding ``section 408(a)(3) of the
Act'' in its place;
b. Paragraph (h)(1) is amended by removing ``under
Sec. 302.51(b)(4) and (5) and (e) of this chapter'' and adding ``in
accordance with section 457 of the Act'' in its place;
c. Paragraph (h)(3) is amended by removing ``under Sec. 232.11 of
this title, 42 CFR 433.146, or section 471(a)(17) of the Act'';
d. Paragraph (h)(4) is amended by removing ``Sec. 302.51(b)(4) and
(5) and (e) or Sec. 302.52(b)(3) and (4) of this chapter'' and adding
``section 457 of the Act'' in its place.
Sec. 303.80 [Removed]
35. Section 303.80 is removed.
Sec. 303.100 [Amended]
36. In Sec. 303.100:
a. The heading is amended by removing ``wage or'';
b. Paragraph (a)(1) is amended by removing the term, ``wages'' and
adding ``income as defined in sections 466(b)(1) and (8) of the Act''
in its place;
c. Paragraph (a)(9) is removed;
d. Paragraph (a)(10) is redesignated as paragraph (a)(9);
e. Paragraph (b)(1) is amended by removing the two mentions of
``wages'' and adding ``income'' in its place;
f. Paragraph (b)(2)(i) is amended by removing the term ``wage'' and
adding the term ``income'' in its place.
g. The introductory text of paragraph (c) is amended by removing
``wages'' and adding ``income'' in its place;
h. Paragraph (c)(1), introductory text, is amended by removing
``wages or'' and adding ``income of'' in its place;
i. Paragraph (c)(2) is removed;
j. Paragraph (c)(3) is redesignated as paragraph (c)(2);
k. The introductory text of paragraph (d) and paragraph (d)(1) are
revised to read as follows:
Sec. 303.100 Procedures for income withholding.
* * * * *
(d) Notice to the noncustodial parent in cases of initiated
withholding. The State must send a notice to the noncustodial parent
regarding the initiated withholding. The notice must inform the
noncustodial parent:
(1) That the withholding has commenced;
* * * * *
l. Paragraphs (d)(1)(iv), (d)(1)(v) and (d)(2) are removed and
paragraphs (d)(1)(i) to (iii) are redesignated as paragraphs (d)(2) to
(4);
m. A new paragraph (d)(5) is added to read as follows:
Sec. 303.100 Procedures for income withholding.
* * * * *
(d) * * *
(5) Of the information provided to the employer, pursuant to
paragraph (e) of this section.
* * * * *
n. Paragraph (e) is removed and paragraph (f) is redesignated as
paragraph (e);
o. Newly redesignated paragraph (e)(1) introductory text, is
amended by adding, ``using the standard Federal format'' after the word
``notice'';
p. Newly redesignated paragraph (e)(1)(i) is amended by removing
the citation ``(f)(1)(iii)'' and adding ``(e)(1)(iii)'' in its place;
q. Newly redesignated paragraph (e)(1)(ii) is amended by removing
``10 working'' and adding ``7 business'' in its place, by removing
``wages'' and adding ``income'' in its place; and by removing ``State
(or such other individual or entity as the State may direct)'' and
adding ``SDU'' in its place in both occurrences.
r. Newly redesignated paragraph (e)(1)(vi) is amended by removing
both mentions of ``wages'' and adding the term ``income'' in its place;
s. Newly redesignated paragraphs (e)(1)(vii) and (viii) are amended
by removing ``wages'' and adding the term with ``income'' in its place;
t. Newly redesignated paragraph (e)(1)(ix) is revised to read as
follows:
Sec. 303.100 Procedures for income withholding.
* * * * *
(e) * * *
(1) * * *
(ix) That the employer must withhold from the noncustodial parent's
income the amount specified in the notice and pay such amount to the
State disbursement unit within 7 business days after the date the
income would have been paid to the noncustodial parent.
u. Newly redesignated paragraph (e)(2) is amended by removing the
citation ``(f)(1)'' and adding ``(e)(1)'' in its place, and removing
``entered'' and adding ``received'' in its place;
v. Newly redesignated paragraph (e)(3) is revised to read as
follows:
Sec. 303.100 Procedures for income withholding.
* * * * *
(e) * * *
(3) In the case of initiated withholding, the State must send the
notice to the employer required under paragraph (e)(1) of this section
within 15 calendar days of the date specified in paragraph (c)(1) of
this section if the employer's address is known on that date, or,
within 15 calendar days of locating the employer's address.
w. Paragraph (g) is removed;
x. Paragraph (h) is redesignated as paragraph (f) and revised to
read as follows:
Sec. 303.100 Procedures for income withholding.
* * * * *
(f) Interstate withholding.
(1) The State law must require employers to comply with a
withholding notice issued by any State.
(2) When an out-of-State IV-D agency requests direct withholding,
the employer must be required to withhold funds as directed in the
notice but to apply the income withholding laws of
[[Page 6252]]
the noncustodial parent's principal place of employment to determine:
(i) The employer's fee for processing the withholding notice;
(ii) The maximum amount that may be withheld from the noncustodial
parent's income;
(iii) The time periods to implement the withholding notice and to
remit the withheld income;
(iv) The priorities for withholding and allocating income withheld
for multiple child support obligees; and
(v) Any withholding term or conditions not specified in the
withholding order.
(3) In other than direct withholding actions:
(i) A State may require registration for orders from other States
for purposes of enforcement through withholding only if registration is
for the sole purpose of obtaining jurisdiction for enforcement of the
order; does not confer jurisdiction on the court or agency for any
other purpose (such as modification of the underlying or original
support order or resolution of custody or visitation disputes); and
does not delay implementation of withholding beyond the timeframes
established in paragraphs (e)(2) and (e)(3) of this section.
(ii) Within 20 calendar days of a determination that withholding is
required in a particular case, and, if appropriate, receipt of any
information necessary to carry out withholding, the initiating State
must notify the IV-D agency of the State in which the noncustodial
parent is employed to implement interstate withholding. The notice must
contain all information necessary to carry out the withholding,
including the amount requested to be withheld, a copy of the support
order and a statement of arrearages, if appropriate. If necessary, the
State where the support order is entered must provide the information
necessary to carry out the withholding within 30 calendar days of
receipt of a request for information by the initiating State.
(iii) The State in which the noncustodial parent is employed must
implement withholding in accordance with this section upon receipt of
the notice from the initiating State required in paragraph (f)(3)(ii)
of this section.
(iv) The State in which the noncustodial parent is employed must
notify the State in which the custodial parent is receiving services
when the noncustodial parent is no longer employed in the State and
provide the name and address of the noncustodial parent and new
employer, if known.
* * * * *
y. Paragraph (i) is redesignated as paragraph (g) and is amended by
removing ``between October 1, 1985, and January 1, 1994, or modified on
or after January 1, 1994,'' and adding ``whether or not being enforced
under the State IV-D plan,'' in its place; and by removing ``In order
to ensure that withholding as a means of support is available if
arrearages occur without the necessity of filing an application for IV-
D services''.
37. In Sec. 303.101:
a. Paragraph (a) is revised to read as follows:
Sec. 303.101 Expedited processes.
(a) Definition Expedited processes means administrative and
judicial procedures (including IV-D agency procedures) required under
section 466(a)(2) and (c) of the Act;
* * * * *
b. Paragraph (b)(1) is amended by removing ``establish and
enforce'' and adding ``establish, modify, and enforce'' in its place;
c. Paragraphs (c)(4) and (5) are removed; and
d. Paragraph (c)(6) is redesignated as paragraph (c)(4) and is
amended by adding ``administrative or'' before ``judicial''.
Sec. 303.102 [Amended]
38. In Sec. 303.102:
a. Paragraph (a)(1) is amended by removing ``Sec. 232.11 of this
title or'' and adding ``section 408(a)(3) of the Act'' in its place;
b. Paragraph (c), (d) and (e) are redesignated as paragraphs (d),
(e) and (c);
c. Newly redesignated paragraph (d) is amended by removing
paragraph (d)(2), removing the designation for paragraph (d)(1) and
adding the text after ``advance:'' removing the colon after
``advance'', removing the citation ``Sec. 302.51(e)'' and adding
``Sec. 302.51(c)'' in its place, and removing ``; and'' at the end of
the paragraph and adding a period in its place; and
f. Paragraph (g) is amended by removing paragraphs (g)(1)(i)
through (iii), adding the designation ``(i)'' directly after
``(g)(1)''; in paragraph (g)(1)(i) adding ``in accordance with section
457 of the Act'' to the end of the paragraph; redesignating paragraph
(g)(1)(iv) as (g)(1)(ii); and removing the citation to
``Sec. 302.51(e)'' in (g)(1)(ii) and adding ``Sec. 302.51(c)'' in its
place.
Sec. 303.103 [Removed]
39. Section 303.103 is removed.
Sec. 303.105 [Removed]
40. Section 303.105 is removed.
PART 304--FEDERAL FINANCIAL PARTICIPATION
41. The authority citation for part 304 continues to read as
follows:
Authority: 42 U.S.C. 651 through 655, 657, 1302, 1396a(a)(25),
1396b(d)(2), 1396b(o), 1396(p), and 1396(k).
42. In part 304, the term ``absent parent'' is removed wherever it
appears and the term ``noncustodial parent'' is added in its place, and
the term ``absent parents'' is removed wherever it appears and the term
``noncustodial parents'' is added in its place.
43. In part 304, the term, ``AFDC'' is removed wherever it appears
and the term ``title IV-A'' is added in its place, except for
Sec. 304.26. The term ``non-AFDC'' is removed wherever it appears and
the term ``non-IV-A'' is added in its place.
Sec. 304.12 [Amended]
44. In Sec. 304.12, paragraph (a) and the definition of ``Non-IV-A
collections'' are amended by removing the citation of ``Sec. 232.11 of
this title'' and adding ``section 408(a)(3) of the Act'' in its place.
Sec. 304.20 [Amended]
45. In Sec. 304.20:
a. Paragraph (b)(1)(viii)(C) is removed;
b. Paragraph (b)(1)(viii)(D) is redesignated as paragraph
(b)(1)(viii)(C);
c. Paragraph (b)(1)(ix)(C) is removed;
d. Paragraph (b)(1)(ix)(D) is redesignated as paragraph
(b)(1)(ix)(C);
e. Newly redesignated paragraph (b)(1)(ix)(C) is amended by
revising the citation, ``Sec. 302.51(e)'' to read ``Sec. 302.51(c)'';
and
f. Paragraph (b)(3)(iv) is amended by removing ``wage withholding''
and adding ``income withholding'' in its place.
Sec. 304.21 [Amended]
46. In Sec. 304.21, paragraph (a), introductory text, is amended by
removing the first word of the last sentence, ``Then'' and adding
``When'' in its place.
47. Section 304.26 is revised to read as follows:
Sec. 304.26 Determination of Federal share of collections.
(a) From the amounts of support collected by the State and retained
as reimbursement for title IV-A payments and foster care maintenance
payments under title IV-E, the State shall reimburse the Federal
government to the extent of its participation in the financing of the
title IV-A and title IV-E payment. In computing the Federal share of
support collections, the State
[[Page 6253]]
shall use the Federal medical assistance percentage (FMAP) as defined
in section 457(c)(3) of the Act in computing the Federal share of
collections under title IV-A and the FMAP in effect for the fiscal year
in which the amount is distributed for amounts under title IV-E.
(b) If an incentive payment is made to a jurisdiction under
Sec. 304.12 of this chapter for the enforcement and collection of
support obligations, the payment shall be made from the Federal share
of collections computed in paragraph (a) of this section.
(c) If a hold harmless payment is made to a jurisdiction pursuant
to section 457(d) of the Act, the payment shall be made from the
remaining Federal share of collections following the incentive payment
made in paragraph (b) of this section.
Sec. 304.29 [Amended]
48. Section 304.29 is amended by removing, ``Regional
Representative'' which refers to the Regional Representatives of the
Office of Child Support Enforcement and replacing with, ``Regional
Administrator'' which refers to the Regional Administrator of the
Administration for Children and Families.
Sec. 304.40 [Amended]
49. In Sec. 304.40, paragraph (a)(2) is amended by removing
``Representative'' and adding ``Office'' in its place, and paragraph
(b)(2) is amended by removing ``OCSE-OA-25'' and adding ``required
financial reports'' in its place, and by removing ``(as shown on the
latest OCSE-OA-25)''.
PART 305--[REMOVED AND RESERVED]
50. Part 305 is removed and reserved.
[FR Doc. 99-3007 Filed 2-8-99; 8:45 am]
BILLING CODE 4184-01-P