FFP Costs of Carrying Out Expedited Administrative Processes under Section 466(a)(2) of the Act
POLICY INTERPRETATION QUESTIONS
DATE: July 13, 2005
TO: State Agencies Administering Child Support Enforcement Plans under Title IV-D of the Social Security Act and Other Interested Parties
FROM: David H. Siegel
Office of Child Support Enforcement
SUBJECT: Federal Funding Participation (FFP) for Costs of Personnel Carrying Out Expedited Administrative Processes in the Executive Branch under Section 466(a)(2) of the Social Security Act (the Act).
Question 1: A State has asked whether FFP is available for the costs of Executive Branch presiding officers, magistrates, Administrative Law Judges, etc., used in performing expedited administrative procedures for establishing paternity and for establishing, modifying, and enforcing support obligations.
Response 1: Yes. Section 466(a)(2) of the Act requires States to have in effect and to use expedited administrative procedures to establish paternity, and for establishing, modifying, and enforcing support obligations. The requirements for expedited administrative processes are provided in 45 CFR 303.101.
Since the Statute requires the IV-D agency to establish and use expedited administrative procedures in order to have an approved State plan, the administrative costs are reimbursable under the plan. Accordingly, the costs of presiding officers used to carry out these required administrative processes are subject to FFP. FFP is available for these administrative presiding officers, regardless of whether they issue recommended or final decisions and regardless of the administrative decision maker’s title (e.g., Presiding Officer, Hearing Officer, Magistrate, or Administrative Law Judge).
Question 2: Do the regulations at 45 CFR 304.21 apply to Executive Branch personnel used in carrying out expedited administrative procedures required under Section 466(a)(2) of the Act?
Response 2: No. By virtue of its express terms, that regulation applies only to the costs of cooperative agreements with courts and law enforcement officials.
Inquiries should be directed to the appropriate ACF Regional Offices
cc: ACF Regional Administrators
Regional Program Managers