Child Support Enforcement Program; State Plan Approval and Grant Procedures, State Plan Requirements, Standards for Program Operations, Federal Financial Participation Audit and Penalty

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.

-----------------------------------------------------------------------

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