[Code of Federal Regulations]
[Title 45, Volume 2]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 45CFR307.30]

[Page 293-294]
 
                        TITLE 45--PUBLIC WELFARE
 
    CHAPTER III--OFFICE OF CHILD SUPPORT ENFORCEMENT (CHILD SUPPORT 
 
PART 307_COMPUTERIZED SUPPORT ENFORCEMENT SYSTEMS--Table of Contents
 
Sec. 307.30  Federal financial participation at the 90 percent rate for 
statewide computerized support enforcement systems.

    (a) Conditions that must be met for FFP. During the Federal fiscal 
years 1996, and 1997, Federal financial participation is available at 
the 90 percent rate in expenditures for the planning, design, 
development, installation or enhancement of a computerized support 
enforcement system as described in Sec. Sec. 307.5 and 307.10 limited 
to the amount in an advance planning document, or APDU submitted on or 
before September 30, 1995, and approved by OCSE if:
    (1) The Office has approved an APD in accordance with Sec. 307.15 
of this part;
    (2) The system meets the requirements specified in Sec. 307.10;
    (3) The Office determines that the expenditures incurred are 
consistent with the approved APD;
    (4) The Office determines that the computerized support enforcement 
system or alternative system configuration is designed effectively and 
efficiently and will improve the management and administration of the 
State IV-D plan;
    (5) The State IV-D agency agrees in writing to use the system for a 
period

[[Page 294]]

of time which is consistent with the APD approved by the Office; and
    (6) The State or local government has ownership rights in software, 
software modifications and associated documentation that is designed, 
developed, installed, or enhanced with 90 percent FFP under this section 
subject to the Department of Health and Human Services license specified 
in paragraph (c) of this section.
    (b) Federal financial participation in the costs of hardware and 
proprietary software. (1) Until September 30, 1997, FFP at the 90 
percent rate is available in expenditures for the rental or purchase of 
hardware for the planning, design, development, installation or 
enhancement of a computerized support enforcement system as described in 
Sec. 307.10 in accordance with the limitation in paragraph (a) of this 
section.
    (2) Until September 30, 1997, FFP at the 90 percent rate is 
available for expenditures for the rental or purchase of proprietary 
operating/vendor software necessary for the operation of hardware during 
the planning, design, development, installation or enhancement of a 
computerized support enforcement system in accordance with the 
limitation in paragraph (a) of this section, and the OCSE guideline 
entitled ``Automated Systems for Child Support Enforcement: A Guide for 
States.'' FFP at the 90 percent rate is not available for proprietary 
application software developed specifically for a computerized support 
enforcement system. Sec. 307.35 of this part regarding reimbursement at 
the applicable matching rate.)
    (c) HHS rights to software. The Department of Health and Human 
Services reserves a royalty-free, non-exclusive and irrevocable license 
to reproduce, publish or otherwise use, and to authorize others to use 
for Federal government purposes, software, software modifications, and 
documentation developed under Sec. 307.10. This license would permit 
the Department to authorize the use of software, software modifications 
and documentation developed under Sec. 307.10 in another project or 
activity funded by the Federal government.
    (d) Consequences of suspension of the APD. If the Office suspends 
approval of an APD in accordance with Sec. 307.40 of this part during 
the planning design, development, installation, enhancement or operation 
of the system:
    (1) The Office shall disallow FFP as of the date the State failed to 
comply substantially with the approved APD; and
    (2) FFP at the 90 and applicable matching rates is not available in 
any expenditures incurred under the APD after the date of the suspension 
until the date the Office determines that the State has taken the 
actions specified in the notice of suspension described in Sec. 
307.40(a)(2) of this part. The Office will notify the State in writing 
upon making such a determination. (See Sec. 307.35(b) regarding 
reimbursement for disallowed expenditures under part 95, subpart F of 
this title.)

[49 FR 33260, Aug. 22, 1984, as amended at 50 FR 19657, May 9, 1985; 55 
FR 4379, Feb. 7, 1990; 57 FR 47005, Oct. 14, 1992; 63 FR 44817, Aug. 21, 
1998]