[Federal Register Volume 59, Number 114 (Wednesday, June 15, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-14326]
[[Page Unknown]]
[Federal Register: June 15, 1994]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children and Families
45 CFR Parts 95 and 205
Elimination of Enhanced Funding for Family Assistance Management
Information Systems
AGENCY: Administration for Children and Families, HHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule implements provisions of the Omnibus Budget
Reconciliation Act of 1993 (OBRA-93), which eliminate enhanced Federal
funding for Family Assistance Management Information Systems (FAMIS).
Technical changes are also made to update the list of automated systems
subject to enhanced funding and to provide the current title of the
agency.
DATES: Effective Date: April 1, 1994. For States whose legislatures
meet biennially and do not have a regular session scheduled in calendar
year 1994, this final rule applies no later than the first day of the
first calendar quarter beginning after the close of the first regular
session of the State legislature convening after August 10, 1993.
FOR FURTHER INFORMATION CONTACT:
Bill Davis, State Data Systems Staff, 370 L'Enfant Promenade SW.,
Washington, DC 20447, telephone (202) 401-6404.
SUPPLEMENTARY INFORMATION:
Paperwork Reduction Act
This final rule does not contain any information collection
activities and, therefore, no approvals are necessary under section
3504(h) of the Paperwork Reduction Act of 1980 (Pub. L. 96-511).
Statutory Authority
These regulations are published under the general authority of
section 1102 of the Social Security Act (the Act) which requires the
Secretary to publish such rules and regulations as may be necessary for
the efficient administration of the functions for which she is
responsible under the Act.
Justification for Dispensing With Notice of Proposed Rulemaking and 30-
Day Delayed Effective Date Requirement
The amendments to these regulations are being published in final
form. The Administrative Procedure Act (APA), 5 U.S.C. 553(b)(B),
provides that if the Department has good cause for finding that a
Notice of Proposed Rulemaking is unnecessary, impracticable or contrary
to the public interest, it may dispense with such notice if it
incorporates a brief statement in the final regulation of the reasons
for doing so. Section 553(d)(3) of the APA permits the Department to
bypass a 30-day waiting period prior to a rule's effective date for
similar reasons.
The Department finds that there is good case to dispense with
Notice of Proposed Rulemaking and a 30-day waiting period with respect
to the current regulatory changes. A notice and comment period and a
30-day waiting period are unnecessary as the amendments simply
implement statutory provisions and do not involve administrative
discretion. Moreover, the States have previously been notified by the
Department (via ACF-AT-93-16 issued November 1, 1993) that OBRA-93 has
eliminated enhanced Federal funding for FAMIS, and that the lower
Federal funding rate is effective, in most cases, on April 1, 1994.
Background and Description of Regulatory Provisions
Section 13741 of OBRA-93 amended section 403 of the Social Security
Act by eliminating enhanced Federal financial funding for certain
categories of AFDC expenditures, including AFDC program expenditures
pertaining to the planning, design, and development or installation of
an approved Family Assistance Management Information System (FAMIS).
The current enhanced Federal matching rate for FAMIS is 90 percent.
This rate is reduced to 50 percent under OBRA-93. Accordingly, the
funding provisions at 45 CFR 205.38(a) are revised to stipulate that
the availability of 90 percent funding is terminated effective March
31, 1994, after which time the rate is reduced to 50 percent.
While 50 percent is the only Federal financial participation rate
available for FAMIS activities beginning April 1, 1994, those system
developments efforts already in progress and approved at the enhanced
rate continue to be subject to the requirements of Sec. 205.35 through
Sec. 205.38 until the system is completed and certified by the
Administration for Children and Families. The Department will continue
to recover pursuant to section 402(e)(2)(C) of the Social Security Act
the 40 percent incentive portion of Federal financial participation
expended should the state fail to meet the statewide implementation
date specified in its approved Advance Planning Document.
We have also made technical changes to reflect a 1991 agency
reorganization by replacing references to the ``Family Support
Administration (FSA)'' with ``the Administration for Children and
Families (ACF)'' each time they appear in Sec. 205.35 through
Sec. 205.38.
Conforming changes have also been made to 45 CFR part 95, subpart
F, Automatic Data Processing Equipment and Services--Conditions for
Federal Financial Participation, Sec. 95.605 (pertaining to
definitions) and Secs. 95.611 and 95.625 (pertaining to FFP) to remove
references to the availability of enhanced funding under title IV-A. At
the same time, we are adding references in Secs. 95.611 and 95.625 to
title IV-E relevant to the availability of enhanced funding since
section 13713 of OBRA-93 made such funding available for Statewide
Automated Child Welfare Information Systems from October 1, 1993
through September 30, 1996 (see 58 FR 67939, December 22, 1993).
Technical changes have also been made to this section to reflect
the current agency designation as explained above and to correct a
typographical error. The reference at 45 CFR 96.625(b), with respect to
regulations governing title XIX should be 42 CFR part 433, subpart C,
rather than 45 CFR part 433, subpart C.
Regulatory Impact Analysis
Executive Order 12866 requires that regulations be reviewed to
ensure that they are consistent with the priorities and principles set
forth in the Executive Order. The Department has determined that this
rule is consistent with these priorities and principles. No costs are
associated with this rule as it merely ensures consistency between the
statute and regulations.
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 Secretary certifies that this rule has no
significant effect on a substantial number of small entities.
Therefore, a regulatory flexibility analysis is not required.
List of Subjects
45 CFR Part 95
Claims, Computer technology, Grant programs--health, Grant
programs, Social programs, Social security.
45 CFR Part 205
Computer technology, Grant programs--social programs, Privacy,
Public assistance programs, Reporting and recordkeeping requirements,
Wages.
(Catalog of Federal Domestic Assistance Program Numbers 13.645 Child
Welfare Services--State Grants; Foster Care Maintenance; 13.659,
Adoption Assistance; 13.679, Child Support Enforcement Program;
13.174, Medical Assistance Program; 13.808, Assistance Payments--
Maintenance Assistance; 13.810, Assistance Payments--State and Local
Training)
Dated: April 1, 1994.
Mary Jo Bane,
Assistant Secretary for Children and Families.
Approved: June 5, 1994.
Donna E. Shalala,
Secretary.
PART 95--GENERAL ADMINISTRATION--GRANT PROGRAMS (PUBLIC ASSISTANCE
AND MEDICAL ASSISTANCE)
1. The authority citation for part 95 continues to read as follows:
Authority: Secs. 402(a)(5), 452(a)(1), 1102, and 1902(a)(4) of
the Social Security Act, 42 U.S.C. 602(a)(5), 652(a)(1), 1302,
1396a(a)(4); 5 U.S.C. 301 and 8 U.S.C. 1521.
2. Section 95.605 is amended by revising the definition of
``Enhanced matching rate'' to read as follows:
Sec. 95.605 Definitions.
* * * * *
Enhanced matching rate means the higher than regular rate of FFP
authorized by Title IV-D, IV-E, and XIX of the Social Security Act for
acquisition of services and equipment that conform to specific
requirements designed to improve administration of the Child Support
Enforcement, Foster Care and Adoption Assistance, and Medicaid
programs.
* * * * *
3. Section 95.611 is amended by revising paragraphs (a)(2) and
(a)(5) to read as follows:
Sec. 95.611 Prior approval conditions.
(a) * * *
(2) A State shall obtain prior written approval from the Department
as specified in paragraph (b) of this section, when the State plans to
acquire ADP equipment or services with proposed FFP at the enhanced
matching rate authorized by 45 CFR part 307, 45 CFR 1355.55 or 42 CFR
part 433, subpart C, regardless of the acquisition cost, except as
specified in paragraph (a)(3) of this section.
* * * * *
(5) Except as provided for in paragraph (a)(6) of this section, the
State shall submit requests for Department approval, signed by the
appropriate State official, to the Director, Administration for
Children and Families, Office of Information Management Systems. The
State shall send to ACF one copy of the request for each HHS component,
from which the State is requesting funding, and one for the State Data
Systems Staff, the coordinating staff for these requests. The State
must also send one copy of the request directly to each Regional
program component and one copy to the Regional Director.
* * * * *
4. Section 95.625 is revised to read as follows:
Sec. 96.625 Increased FFP for certain ADP systems.
(a) General. FFP is available at enhanced matching rates for the
development of individual or integrated systems and the associated
computer that support the administration of State plans for Titles IV-
D, IV-E and/or XIX provided the systems meet the specifically
applicable provisions referenced in paragraph (b) of this section.
(b) Specific reference to other regulations. The applicable
regulations for the Title IV-D program are contained in 45 CFR part
307. The applicable regulations for the Title IV-E program are
contained in 45 CFR 1355.55. The applicable regulations for the Title
XIX program are contained in 42 CFR part 433, subpart C.
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, 607, 611, 1302, 1306(a),
1320b-7.
Sec. 205.35 [Amended]
2. Section 205.35 is amended by removing in the introductory text
``Family Support Administration (FSA).'' and adding, in its place
``Administration for Children and Families (ACF).''
Sec. 205.37 [Amended]
3. Section 205.37 is amended by revising the heading of the section
to read: ``Responsibilities of the Administration for Children and
Families (ACF).'', and by removing the initials ``OFA'' in the third
sentence of paragraph (a)(5) and adding in its place, the initials
``ACF''.
4. Section 205.38 is amended by revising paragraph (a) to read as
follows:
Sec. 205.38 Federal financial participation (FFP) for establishing a
statewide mechanized system.
(a) Effective July 1, 1981 through March 31, 1994, FFP is available
at 90 percent of expenditures incurred for planning, design,
development or installation of a statewide automated application
processing and information retrieval system which are consistent with
an approved APD. (Beginning April 1, 1994 the match rate available for
development of Title IV-A automated systems is 50 percent.) The 90
percent FFP includes the purchase or rental of computer equipment and
software directly required for and used in the operation of this
system.
* * * * *
Secs. 205.37 and 205.38 [Amended]
5. In addition to the amendments set forth above, in 45 CFR part
205 remove the initials ``FSA'' and add, in its place, the initials
``ACF'' in the following places:
(a) Section 205.37(a), (b), (c), (d) and (e); and
(b) Section 205.38(b), (c) and (e).
[FR Doc. 94-14326 Filed 6-14-94; 8:45 am]
BILLING CODE 4110-60-M
