Modifications to Performance Standards During Natural Disasters and Other Calamities rule (2024)
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The Modifications to Performance Standards During Natural Disasters and Other Calamities rule is a significant rule issued by the Office of Child Support Services (OCSS) effective March 4, 2024, that gave leniency to state child protective programs on meeting requirements and penalties for failing to meet requirements in the event of a natural disaster or calamity that might affect their operation. OCSS issued this rule pursuant to its authority under the Social Security Act.[1]
Timeline
The following timeline details key rulemaking activity:
- March 4, 2024: OCSS issued the final rule and it took effect.[1]
- September 11, 2023: The comment period closed.[1]
- July 13, 2023: OCSS issued the proposed rule and opened the comment period.[1]
Background
State child support programs are penalized for not meeting paternity establishment, support order establishment, and current collections performance levels by a reduction in grant money, according to the text of the Modifications to Performance Standards During Natural Disasters and Other Calamities rule. During the COVID-19 pandemic, state child support programs faced setbacks to achieving the required performance levels by various hospital, court, laboratory, and office closures. Though the Office of Child Support Services (OCSS) provided relief for certain performance standards in fiscal years 2020, 2021, and 2022, OCSS believed they needed permanent regulations providing for temporary modifications in the event of a natural disaster or calamity and issued this rule accordingly.[1]
Summary of the rule
The following is a summary of the rule from the rule's entry in the Federal Register:[1]
| “ | OCSS issues this final rule to provide temporary relief to states from certain child support program performance requirements and penalties during natural disasters and other calamities which have a negative impact on state child support program operations. The rule allows OCSS to modify performance measure requirements when natural disasters and other calamities affect, or are expected to affect, the state child support program's ability to achieve performance standards for paternity establishment, support order establishment, and current collections. The rule enables states to avoid the imposition of penalties due to adverse data reliability audit findings during, and after, natural disasters and other calamities, including pandemics and declared public health emergencies.[2] | ” |
Summary of provisions
The following is a summary of the provisions from the rule's entry in the Federal Register:[1]
| “ | This rule allows OCSS to modify the requirements for states to meet the following performance standards: the PEP performance standard of 90 percent under 45 CFR 305.40(a)(1), the support order establishment standard of 40 percent under 45 CFR 305.40(a)(2), and the current collections performance standard of 35 percent under 45 CFR 305.40(a)(3). This rule sets forth the process by which states may request, and OCSS may adjust these performance standards to a lower level to avoid imposing financial penalties on states and modify the requirements to avoid the imposition of penalties due to adverse data reliability audit findings. The rule permits time-limited modification of performance requirements during, and subsequent to, natural disasters and other calamities. We note that the rule only addresses modifications to penalty performance measures and levels under 45 CFR 305.40; it does not change the requirements related to incentive payments under section 458 of the Act and 45 CFR part 305.[2] | ” |
Significant impact
- See also: Significant regulatory action
Executive Order 12866, issued by President Bill Clinton (D) in 1993, directed the Office of Management and Budget (OMB) to determine which agency rules qualify as significant rules and thus are subject to OMB review.
Significant rules have had or might have a large impact on the economy, environment, public health, or state or local governments. These actions may also conflict with other rules or presidential priorities. Executive Order 12866 further defined an economically significant rule as a significant rule with an associated economic impact of $100 million or more. Executive Order 14094, issued by President Joe Biden (D) on April 6, 2023, made changes to Executive Order 12866, including referring to economically significant rules as section 3(f)(1) significant rules and raising the monetary threshold for economic significance to $200 million or more.[1]
The text of the Modifications to Performance Standards During Natural Disasters and Other Calamities rule states that OMB deemed this rule significant, but not economically significant:
| “ | OIRA has determined that this final rule is significant and was accordingly reviewed by OMB.[2] | ” |
Text of the rule
The full text of the rule is available below:[1]
See also
External links
Footnotes
