97-31770. Repeal of Obsolete Title IV-A and IV-F Program Rules  

  • [Federal Register Volume 62, Number 234 (Friday, December 5, 1997)]
    [Rules and Regulations]
    [Pages 64301-64303]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 97-31770]
    
    
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    DEPARTMENT OF HEALTH AND HUMAN SERVICES
    
    Administration for Children and Families
    
    45 CFR Parts 205, 232, 233, 235, 250, 251, 255, 256, and 257
    
    RIN 0970-AB84
    
    
    Repeal of Obsolete Title IV-A and IV-F Program Rules
    
    AGENCY: Administration for Children and Families (ACF), HHS.
    
    ACTION: Final rule; removal.
    
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    SUMMARY: This document removes regulations governing certain programs 
    repealed or eliminated under the Personal Responsibility and Work 
    Opportunity Reconciliation Act of 1996, including: Emergency 
    Assistance; Job Opportunities and Basic Skills Training; and three 
    child care programs authorized under title IV-A of the Social Security 
    Act. It also repeals some administrative rules of the AFDC program, 
    because the program was repealed effective July 1, 1997.
    
    DATES: Effective date is December 5, 1997.
    
    FOR FURTHER INFORMATION CONTACT: Mack Storrs, Director, Division of 
    Self-Sufficiency Programs, Office of Family Assistance, ACF, at 202-
    401-9289.
    
    SUPPLEMENTARY INFORMATION: On August 22, 1996, President Clinton signed 
    The Personal Responsibility and Work Opportunity Reconciliation Act of 
    1996--or PRWORA--into law. This law replaced the nation's largest 
    public assistance program, known as Aid to Families with Dependent 
    Children, and affiliated programs, with a new block grant to States. It 
    also made substantial changes to the Federal child care programs that 
    served welfare recipients and other low-income families.
        This legislation made a number of our existing regulations 
    obsolete, effective July 1, 1997, or earlier. The purpose of this 
    rulemaking is to remove many of the obsolete rules. Thus, this 
    rulemaking reflects ACF's continuing commitment to the Administration's 
    regulatory reinvention initiative. In particular, it responds to the 
    first directive in the President's strategy--to ``cut obsolete 
    regulations.'' Through this rulemaking, we are eliminating 
    approximately 82 pages of obsolete rules from the Code of Federal 
    Regulations.
    
    Aid to Families With Dependent Children and Emergency Assistance
    
        Section 103(a) of PRWORA (Pub. L. 104-193) repealed the provisions 
    in the existing part A of title IV of the Social Security Act and 
    replaced them with provisions governing the new welfare block grant. 
    Under section 116 of PRWORA, this change took effect on July 1, 1997, 
    except in States that chose to implement their new welfare programs at 
    an earlier date. The provisions that were repealed governed the 
    existing programs of Aid to Families with Dependent Children (AFDC) and 
    Emergency Assistance (EA).
        The regulations for the Emergency Assistance program are found at 
    45 CFR 233.120. This rulemaking would remove this section of the 
    regulation in its entirety.
        The regulations for the AFDC program are found throughout Chapter 
    II of Title 45 in the Code of Federal Regulations.
        In this rulemaking we are removing only a limited number of 
    administrative rules. They are those AFDC rules that address the AFDC 
    Quality Control System (authorized under section 408 of the Social 
    Security Act, as in effect under prior law), some provisions related to 
    child support requirements and fraud control, and certain provisions 
    related to financial penalties against the States under prior law.
        We will make other conforming changes to the AFDC regulations at a 
    later date. We must exercise care in repealing the AFDC rules because: 
    (1) eligibility for other programs, such as title IV-E (Foster Care) 
    and title XIX (Medicaid), retain a direct connection to the AFDC rules 
    in effect prior to PRWORA; and (2) many of the AFDC provisions are 
    intertwined with provisions for other assistance programs that were not 
    repealed. (The most notable example of this latter problem is the 
    overlap between the AFDC rules and the rules for the adult programs 
    operated by the Territories under titles I, X, IV, and XVI of the 
    Social Security Act.) To address these more sensitive and complicated 
    conforming changes, we need to engage in additional analysis and 
    consult with other Federal agencies and other interested groups. Thus, 
    most of the conforming changes to the AFDC regulations will be reserved 
    for future rulemaking efforts.
    
    The IV-A Child Care Programs
    
        Section 103(c) of PRWORA eliminated the child care provisions that 
    were in title IV-A of the Social Security Act at the time of enactment. 
    Under section 116(c) of PRWORA, the elimination of those provisions 
    took effect on October 1, 1996. The new child care provisions in title 
    VI of PRWORA took effect that same day.
        The programs eliminated by PRWORA were: child care for AFDC 
    recipients and JOBS participants under section 402(g) of the Act, 
    transitional child care for former AFDC recipients under section 402(g) 
    of the Act, and child care for at-risk families under
    
    [[Page 64302]]
    
    section 402(i) of the Act. The rules governing these three programs are 
    found at parts 255, 256, and 257 of Chapter II. In this rulemaking, we 
    are removing all of our child care regulations in these parts.
        Section 603(b) of PRWORA created a new section 418 of the Social 
    Security Act that provides new funding for child care assistance under 
    title IV-A of the Social Security Act. Child care funds provided in 
    section 418 are under the control of the lead agency in the State 
    responsible for administering the Child Care and Development Block 
    Grant (CCDBG) program, and they are subject to the rules of that 
    program. Together, we refer to the two types of child care funding as 
    ``The Child Care and Development Fund,'' or CCDF.
        The CCDBG regulations are found at 45 CFR part 98. On July 23, 
    1997, ACF issued an NPRM (at 62 FR 39610) to add the new IV-A child 
    care provisions to part 98 and address the other changes necessitated 
    by PRWORA.
        Note that some of the provisions in part 255 (i.e., Secs. 255.1(c), 
    255.1(d), 255.1(h), 255.2(c), 255.2(d), 255.2(e), 255.3(g), 255.3(h), 
    255.4(d), and 255.4(e)) address supportive services funded under the 
    JOBS program. We are also removing all JOBS-related provisions in the 
    regulations, as discussed below.
        Because all the provisions in parts 255 through 257 deal with 
    either child care or JOBS supportive services provisions (or both) that 
    were eliminated, we are removing these three parts in their entirety.
    
    Job Opportunities and Basic Skills Training (JOBS)
    
        Finally, section 108(e) of PRWORA repeals title IV-F of the Social 
    Security Act (i.e., the JOBS program). Under section 116 of PRWORA, 
    this repeal is effective at the same time as the repeal of the AFDC 
    program, or no later than July 1, 1997. With the exception of the rules 
    on JOBS supportive services, which we have already discussed, the JOBS 
    rules are found at parts 250 and 251 of Chapter II of title 45. In this 
    rulemaking, we are removing these JOBS regulations in their entirety.
    
    Effect of Rulemaking on Prior or Pending Actions
    
        You should be aware that the regulations we are removing still 
    would apply with respect to State actions and behavior that occurred 
    before the effective date of the new legislation. Under the transition 
    rules of PRWORA (see section 116(b)(2)-(3) of the Act), the provisions 
    of the new law do not apply ``with respect to *  *  * duties, 
    functions, rights, claims, penalties, or obligations applicable to aid, 
    assistance, or services provided before'' such effective date. They 
    also do not apply to ``administrative actions and proceedings'' 
    authorized to commence before that date.
        Thus, the regulatory provisions that we are removing will continue 
    to apply to State actions that took place prior to the implementation 
    of the new programs, and we would base any penalty, disallowance, or 
    claims against the State on such regulations.
    
    General Statutory Authority
    
        We are publishing these rules under the general authority of 
    section 1102 of the Social Security Act, 42 U.S.C. 1302. This section 
    requires publication of rules that may be necessary for the efficient 
    administration of the functions under the Social Security Act.
    
    Regulatory Authority
    
        We are issuing a final rule rather than a notice of proposed 
    rulemaking because we have determined, for good cause, that publication 
    of a proposed rule and solicitation of comments is unnecessary. This 
    final rule removes only obsolete provisions and programs.
        Furthermore, this final rule will be effective immediately upon 
    publication. It is unnecessary to postpone the effective date since 
    none of the provisions being removed are still in effect, and no time 
    for implementation is required.
    
    Executive Order 12866
    
        Executive Order 12866 requires that regulations be drafted to 
    ensure that they are consistent with the priorities and principles set 
    forth in the Executive Order. The Department has determined that this 
    proposed rule is consistent with these priorities and principles.
        The Executive Order encourages agencies, as appropriate, to provide 
    the public with meaningful participation in the regulatory process. 
    Such consultation was not necessary or appropriate for this particular 
    rulemaking effort because of its technical nature in removing only 
    obsolete provisions.
        However, we will be engaging in consultation on the subsequent 
    rulemaking that we are planning to address the more complex conforming 
    changes to the AFDC regulation.
        These regulations respond to the President's directive to Federal 
    agencies regarding their responsibilities under his Regulatory 
    Reinvention Initiative and the National Performance Review by cutting 
    obsolete regulations and getting rid of yesterday's government. It 
    entails no increase in cost or burden on State and local governments or 
    other entities.
    
    Regulatory Flexibility Analysis
    
        The Regulatory Flexibility Act (5 U.S.C. Ch. 6) requires the 
    Federal government to anticipate and reduce the impact of rules and 
    paperwork requirements on small businesses and other small entities. 
    Small entities are defined in the Act to include small businesses, 
    small non-profit organizations, and small governmental entities. 
    Because of the nature of this rule, the Secretary certifies that it 
    will not have a significant impact on small entities.
    
    Paperwork Reduction Act
    
        This rule contains no information collection activities subject to 
    review and approval by the Office of Management and Budget (OMB) under 
    the Paperwork Reduction Act of 1995.
    
    Unfunded Mandates Act
    
        The Department has determined that this rule is not a significant 
    regulatory action within the meaning of the Unfunded Mandates Reform 
    Act of 1995 (Pub. L. 104-4).
    
    List of Subjects
    
    45 CFR Part 205
    
        Administrative practice and procedure, Aid to Families with 
    Dependent Children, Computer technology, Grant programs--social 
    programs, Penalties, Public assistance programs, Reporting and 
    recordkeeping requirements, Wages.
    
    45 CFR Part 232
    
        Aid to Families with Dependent Children, Child support enforcement, 
    Grant programs--social programs, Penalties, Public assistance programs, 
    Reporting and recordkeeping requirements.
    
    45 CFR Part 233
    
        Aliens, Grant programs--social programs, Public assistance 
    programs, Reporting and recordkeeping requirements.
    
    45 CFR Part 235
    
        Aid to Families with Dependent Children, Fraud, Grant programs--
    social programs, Public assistance programs.
    
    45 CFR Parts 250 and 251
    
        Aid to Families with Dependent Children, Employment, Grant 
    programs--social programs, Manpower training programs, Reporting and 
    recordkeeping requirements, Vocational education.
    
    [[Page 64303]]
    
    45 CFR Parts 255 and 256
    
        Aid to Families with Dependent Children, Day care, Education and 
    training, Employment, Grant programs--social programs.
    
    45 CFR Part 257
    
        Day care, Grant programs--social programs, Reporting and 
    recordkeeping requirements.
    
    (Catalogue of Federal Domestic Assistance Programs: 93.560--Family 
    Support Payments to States--Assistance Payments; 93.561--Job 
    Opportunities and Basic Skills Training (JOBS); 93.574--Child Care 
    for Families at Risk of Welfare Dependency)
    
        2Dated: November 14, 1997.
    Olivia A. Golden,
    Assistant Secretary for Children and Families.
    
        Under the authority of sections 116 of Pub. L. 104-193 and section 
    1302 of the Social Security Act, and for the reasons set forth in the 
    preamble, we are amending Chapter II of title 45 of the Code of Federal 
    Regulations, as follows:
    
    PART 205--GENERAL ADMINISTRATION--PUBLIC ASSISTANCE PROGRAMS
    
        1. The authority citation for Part 205 continues to read as 
    follows:
    
        Authority: 42 U.S.C. 602, 603, 606, 608, 1302, and 1306(a).
    
        2. Remove sections 205.40 through 205.43 (including the appendix to 
    Sec. 205.41) and 205.146.
    
    PART 232--SPECIAL PROVISIONS APPLICABLE TO TITLE IV-A OF THE SOCIAL 
    SECURITY ACT
    
        1. Remove part 232 (including appendix A).
    
    PART 233--COVERAGE AND CONDITIONS OF ELIGIBILITY IN FINANCIAL 
    ASSISTANCE PROGRAMS
    
        1. The authority citation for part 233 continues to read as 
    follows:
    
        Authority: 42 U.S.C. 301, 602, 602 (note), 606, 607, 1202, 1302, 
    1352, and 1382 (note).
    
        2. Remove Sec. 233.120.
    
    PART 235--ADMINISTRATION OF FINANCIAL ASSISTANCE PROGRAMS
    
        1. The authority citation for part 235 continues to read as 
    follows:
    
        Authority: 42 U.S.C. 603, 616, and 1302.
    
        2. Remove Secs. 235.111, 235.112, and 235.113.
    
    PART 250--JOB OPPORTUNITIES AND BASIC SKILLS TRAINING PROGRAM
    
        1. Remove part 250.
    
    PART 251--PROGRAM PARTICIPANT EMPLOYMENT PROTECTION
    
        1. Remove part 251.
    
    PART 255--CHILD CARE AND OTHER WORK-RELATED SUPPORTIVE SERVICES 
    DURING PARTICIPATION IN EMPLOYMENT, EDUCATION, AND TRAINING
    
        1. Remove part 255.
    
    PART 256--TRANSITIONAL CHILD CARE
    
        1. Remove part 256.
    
    PART 257--AT-RISK CHILD CARE PROGRAM
    
        1. Remove part 257.
    
    [FR Doc. 97-31770 Filed 12-4-97; 8:45 am]
    BILLING CODE 4184-01-P
    
    
    

Document Information

Effective Date:
12/5/1997
Published:
12/05/1997
Department:
Children and Families Administration
Entry Type:
Rule
Action:
Final rule; removal.
Document Number:
97-31770
Dates:
Effective date is December 5, 1997.
Pages:
64301-64303 (3 pages)
RINs:
0970-AB84: Personal Responsibility and Work Opportunity Reconciliation Act of 1996 Conforming Regulation
RIN Links:
https://www.federalregister.gov/regulations/0970-AB84/personal-responsibility-and-work-opportunity-reconciliation-act-of-1996-conforming-regulation
PDF File:
97-31770.pdf
CFR: (1)
45 CFR 205.41)