[Federal Register Volume 60, Number 95 (Wednesday, May 17, 1995)]
[Rules and Regulations]
[Pages 26372-26374]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-11911]
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[[Page 26373]]
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children and Families
45 CFR Parts 205, 224, 233, 238, 239, 240, and 282
Public Assistance Programs; etc.; Removal of Obsolete Work
Program Regulations
AGENCY: Administration for Children and Families (ACF), HHS.
ACTION: Final rule; removal.
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SUMMARY: This notice removes several obsolete provisions from the Code
of Federal Regulations. Most involve work program activities which were
superseded when State welfare agencies began their JOBS programs in
1989 or 1990.
DATES: Effective date is May 17, 1995.
FOR FURTHER INFORMATION CONTACT:
Ann Burek (202) 401-4528.
SUPPLEMENTARY INFORMATION: In September of 1993 President Clinton
issued Executive Order 12866 which called for Federal regulations which
were less burdensome, more effective and more consistent with
Administration priorities. In response, in January of 1994, ACF
published a notice in the Federal Register providing a plan for
periodic review of existing rules and soliciting ideas.
In early March of 1995, the President issued a new directive to
Federal agencies regarding their responsibilities under his Regulatory
Reinvention Initiative. (This initiative is part of the National
Performance Review and calls for more immediate, comprehensive
regulatory reform.) He directed all agencies to undertake an exhaustive
review of all their regulations--with an eye towards eliminating or
modifying those that are obsolete or which are otherwise in need of
reform. This notice represents one of the first steps in ACF's response
to this new directive.
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 would be neither
necessary nor fruitful. This final rule affects 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 in
effect, and no time for implementation is required.
Statutory Authority
We are publishing these rules under the general authority provided
under section 1102 of the Social Security Act, 42 U.S.C. Sec. 1302.
This section requires publication of regulations that may be necessary
for the efficient administration of the functions under the Social
Security Act.
Work Programs
Under the Family Support Act of 1988, Pub. L. 100-485, Congress
created the Job Opportunities and Basic Skills Training (JOBS) program
to improve the job prospects of welfare recipients and help them become
self-sufficient. It required States to begin operating their JOBS
programs by October 1, 1990. If a State began operating its JOBS
programs sooner, the regulations governing the separate work programs
authorized under parts A and C of title IV of the Social Security Act--
i.e., the Work Incentive (or WIN) program; the Work Incentive
Demonstration (or WIN Demo) program; the Community Work Experience
Program (or CWEP); the Work Supplementation Program; and the Employment
Search Program--became inapplicable with the start of the JOBS program.
Nationwide, these programs were repealed as of October 1, 1990. Thus,
the regulations which governed these programs are obsolete. (In fact,
the regulations at 45 CFR 224.0(c), 238.01(b), 239.01(b), and 240.01(b)
explicitly provided for the repeal of the provisions of parts 224, 238,
239 and 240, respectively, effective October 1, 1990.)
Accordingly, this notice removes parts 224 (covering WIN), 238
(covering CWEP), 239 (covering Work Supplementation), and 240 (covering
Employment Search) from Title 45. It also removes regulations at: 1) 45
CFR 233.20(a)(11)(iv), which provided for the disregard of certain
payments made under the WIN program; and 2) 45 CFR 205.146(a), which
provided for penalties on States which did not meet WIN certification
requirements.
The only regulations issued for the WIN Demo program were
regulations governing WIN Demo evaluations. These regulations, at 45
CFR 205.80, are also obsolete and being removed.
Demonstration Projects
Section 1115(b) of the Social Security Act authorizes work-related
demonstration projects for welfare recipients. Under paragraph (6) of
that subsection, such demonstrations could not extend beyond September
30, 1980. Thus, we have no further need of rules for these
demonstrations, and we are deleting 45 CFR part 282.
Income, Eligibility and Verification Systems
Finally, 45 CFR 205.62 includes provisions covering the initial
implementation of State Income, Eligibility and Verification Systems
(or IEVS) in 1986. Since the provisions are no longer relevant, we are
deleting them.
Regulatory Procedures--Executive Order 12866
This final rule has been reviewed pursuant to Executive Order
12866. Executive Order 12866 requires that regulations be reviewed for
consistency with the priorities and principles set forth in the
Executive Order. ACF has determined that this rule is consistent with
these priorities and principles. Most specifically, it responds
directly to the President's new Regulatory Reinvention Initiative 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 Act
Consistent with the Regulatory Flexibility Act (Pub. L. 96-354),
which requires the Federal government to anticipate and reduce the
impact of rules and paperwork requirements on small businesses and
other small entities, the Department certifies that this rule has no
significant effect on a substantial number of small entities.
Therefore, a regulatory flexibility analysis is not required.
Paperwork Reduction Act
This regulation contains no information collection requirements
which are subject to review and approval by OMB under the Paperwork
Reduction Act of 1980 (44 U.S.C. Sec. 3500 et. seq.).
List of Subjects
45 CFR Part 205
Computer technology, Grant programs--social programs, Privacy,
Public Assistance programs, Reporting and recordkeeping requirements,
Wages.
45 CFR Part 224
Administrative practice and procedure, Grant programs--social
programs, Reporting and recordkeeping requirements, Work Incentive
(WIN) Programs.
45 CFR Part 233
Aliens, Grant programs--social programs, Public assistance
programs, Reporting and recordkeeping requirements. [[Page 26374]]
25 CFR Part 238
Aid to Families with Dependent Children, Grant programs--social
programs.
45 CFR Part 239
Aid to Families with Dependent Children, Employment, Grant
programs--social programs.
45 CFR Part 240
Aid to Families with Dependent Children, Employment, Grant
programs--social programs.
45 CFR Part 282
Aid to Families with Dependent Children, Employment, Family
Assistance Office, Grant programs--social programs, Manpower training
programs.
(Catalog of Federal Assistance Programs No. 93.560 Family Support
Payments to States--Assistance Payments (AFDC Maintenance
Assistance--State Aid); and No. 93.562, Assistance Payments--
Research.)
Dated: April 25, 1995.
May Jo Bane,
Assistant Secretary for Children and Families.
Accordingly, we are amending Chapter II of Title 45 of the Code of
Federal Regulations as set forth below:
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).
Secs. 205.62 and 205.80 [Removed]
2. Sections 205.62 and 205.80 are removed.
Sec. 205.146 [Removed and Reserved]
3. Section 205.146(a) is removed and reserved.
PART 224--WORK INCENTIVE PROGRAMS FOR AFDC RECIPIENTS UNDER TITLE
IV OF THE SOCIAL SECURITY ACT
1. Under the authority of section 1102 of the Social Security Act,
Part 224 is removed.
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).
Sec. 233.20 [Amended]
2. Section 233.20 is amended by removing and reserving paragraph
(a)(11)(iv).
PART 238--COMMUNITY WORK EXPERIENCE PROGRAM
1. Under the authority of section 1102 of the Social Security Act,
Part 238 is removed.
PART 239--WORK SUPPLEMENTATION PROGRAM
1. Under the authority of section 1102 of the Social Security Act,
Part 239 is removed.
PART 240--EMPLOYMENT SEARCH PROGRAM
1. Under the authority of section 1102 of the Social Security Act,
Part 240 is removed.
PART 282--DEMONSTRATION PROJECTS
1. Under the authority of section 1102 of the Social Security Act,
Part 282 is removed.
[FR Doc. 95-11911 Filed 5-16-95; 8:45 am]
BILLING CODE 4184-01-M
