[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: 45CFR307.31]

[Page 294-295]
 
                        TITLE 45--PUBLIC WELFARE
 
    CHAPTER III--OFFICE OF CHILD SUPPORT ENFORCEMENT (CHILD SUPPORT 
 
PART 307_COMPUTERIZED SUPPORT ENFORCEMENT SYSTEMS--Table of Contents
 
Sec. 307.31  Federal financial participation at the 80 percent rate for 
computerized support enforcement systems.

    (a) Conditions that must be met for 80 percent FFP. Until September 
30, 2001, Federal financial participation is available at the 80 percent 
rate to States, Territories and systems defined in 42 U.S.C. 
655(a)(3)(B)(iii) [455(a)(3)(B)(iii) of the Act] (hereafter referred to 
as ``States'') for expenditures for the planning, design, development, 
installation, or enhancement of a computerized support enforcement 
system meeting the requirements as described in Sec. Sec. 307.5 and 
307.10 or 42 U.S.C. Sec. 654(16) [454(16) of the Act], if:
    (1) The Office has approved an APD in accordance with Sec. 307.15;
    (2) The Office determines that the system meets the requirements 
specified in Sec. 307.10, or 42 U.S.C. 654(16) [454(16) of the Act];
    (3) The Office determines that the expenditures incurred are 
consistent with the approved APD;
    (4) The Office determines that the computerized support enforcement 
system is designed effectively and efficiently and will improve the 
management and administration of the State IV-D plan;

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    (5) The State IV-D agency agrees in writing to use the system for a 
period 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 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, 2001, FFP at the 80 percent rate is 
available for 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 or 
42 U.S.C. 654(16) [454(16) of the Act].
    (2) Until September 30, 2001, FFP at the 80 percent rate is 
available for the rental or purchase of proprietary operating/vendor 
software necessary for the operation of hardware during the planning, 
design, development, installation, enhancement or operation of a 
computerized support enforcement system in accordance with the OCSE 
guideline entitled ``Automated Systems for Child Support Enforcement: A 
Guide for States.'' FFP at the 80 percent rate is not available for 
proprietary application software developed specifically for a 
computerized support enforcement system. (See Sec. 307.35 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 or 42 U.S.C. 654(16) [454(16) 
of the Act]. This license would permit the Department to authorize the 
use of software, software modifications and documentation developed 
under Sec. 307.10 or 42 U.S.C. 654(16) [454(16) of the Act] 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 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 80 percent and applicable matching rates is not 
available in any expenditure 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). The Office will notify the State in writing upon making 
such a determination.
    (e) Limitation on 80 percent funding. Federal financial 
participation at the 80 percent rate may not exceed $400,000,000 in the 
aggregate for fiscal years 1996 through 2001.
    (f) Allocation formula. Payments at the 80 percent rate to 
individual States, Territories and systems defined in 42 U.S.C. 
655(a)(3)(B)(iii) [455(a)(3)(B)(iii) of the Act] (hereafter referred to 
as ``States'') will be equal to the sum of:
    (1) A base amount of $2,000,000; and
    (2) An additional amount defined as the Allocation Factor computed 
as follows:
    (i) Allocation Factor--an average of the Caseload and Census Factors 
which yields the percentage that is used to calculate a State's 
allocation of the funds available, less amounts set aside pursuant to 
paragraph (f)(1) of this section.
    (ii) Caseload Factor--a ratio of the six-year average IV-D caseload 
as reported by a State for fiscal years 1990 through 1995 to the total 
six-year average IV-D caseload in all States for the same period;
    (iii) Census Factor--a ratio of the number of children in a State 
with one parent living elsewhere as reported in the 1992 Current 
Population Survey--Child Support Supplement to the total number of such 
children in all States.

[63 FR 44405, Aug. 19, 1998]

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