Aid to Families With Dependent Children; National Voter Registration Act of 1993; Implementation

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Health Care Financing Administration

42 CFR Part 431

Medicaid

RIN 0970-AB32

Administration for Children and Families

45 CFR Part 205

Aid to Families With Dependent Children; National Voter

Registration Act of 1993; Implementation

AGENCIES: Administration for Children and Families (ACF), and Health

Care Financing Administration (HCFA), HHS.

ACTION: Notice of Proposed Rulemaking (NPRM).

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SUMMARY: These proposed rules would remove certain regulatory

restrictions that conflict with implementation of the National Voter

Registration Act of 1993 (NVRA). NVRA provisions will make it easier

for individuals to vote in elections for Federal office.

DATES: Consideration will be given to written comments received on or

before January 23, 1995.

ADDRESSES: Comments on the proposed changes to 45 CFR 205.50(a)(4) to

be submitted in writing to the Assistant Secretary for Children and

Families, Attention: Mr. Mack A. Storrs, Director, Division of AFDC

Program, Office of Family Assistance, Fifth Floor, 370 L'Enfant

Promenade, SW., Washington, DC 20447. Comments may be inspected between

8:00 a.m. and 4:30 p.m. during regular business days by making

arrangements with the contact person identified below

Mail written comments (1 original and 3 copies) on the proposed

changes to 42 CFR 431.307 to the Health Care Financing Administration,

U.S. Department of Health and Human Services, Attention: MB-092-P, P.O.

Box 7518, Baltimore, Maryland 21207-0518. In commenting, please refer

to file code MB-092-P. Comments may be delivered to Room 309-G, Hubert

H. Humphrey Building, 200 Independence Avenue, SW., Washington, DC, or

to Room 132, East High Rise Building, 6325 Security Boulevard,

Baltimore, Maryland. Comments will be available for public inspection

as they are received, beginning approximately three weeks after

publication in Room 309-G of the Department's offices at 200

Independence Avenue, SW., Washington, DC, on Monday through Friday of

each week from 8:30 a.m. to 5:00 p.m.

FOR FURTHER INFORMATION CONTACT:

AFDC: Larry Carnes, Branch Chief, Eligibility and Administration Policy

Branch, Division of AFDC Program, Office of Family Assistance, Fifth

Floor, 370 L'Enfant Promenade, SW., Washington, DC 20447, telephone

(202) 401-5782

Medicaid: Mr. Marinos T. Svolos, Director, Division of Medicaid

Eligibility Policy, Office of Medicaid Policy, Room 323, East High Rise

Building, 6325 Security Boulevard, Baltimore, Maryland 21207, telephone

(410) 966-4451.

SUPPLEMENTARY INFORMATION:

Background

The National Voter Registration Act (NVRA) of 1993, Public Law 103-

31, contains three provisions which will make it easier for individuals

to register to vote in elections for Federal office. These include: (1)

the simultaneous application for or renewal of drivers licenses and

voter registration (the motor voter part of the bill); (2) the adoption

and use of a ``mail'' application form for voter registration; and (3)

the designation of State voter registration agencies, including among

others, all offices in a State that provide ``public assistance'' and

``State-funded programs primarily engaged in providing services to

persons with disabilities.''

As defined in the conference report, the term ``public assistance

agencies'' include ``* * * those State agencies in each State that

administer or provide services under the food stamp, Medicaid, the

Women, Infants and Children (WIC) and the Aid to Families with

Dependent Children (AFDC) programs''. H. Rep. No. 103-66 (1993), p. 19.

According to section 7(a)(4) of the NVRA, public assistance offices

shall: distribute mail voter registration forms; provide assistance in

forms completion; and provide a service to accept completed forms and

to transmit them to appropriate authorities. These services are to be

available at the time of application, recertification, or renewal or

when a change in address is reported. The NVRA also contains provisions

addressing how applicants and recipients of public assistance are to be

informed of their right to request or decline in this assistance.

Section 7(a)(5) of the NVRA indicates that these offices shall not:

seek to influence a party preference; display party-affiliated

materials; discourage registration; or imply in any way that the

availability of services or benefits is dependent upon a decision to

register or not to register to vote.

Current regulatory provisions at 45 CFR 205.50(a)(4) and 42 CFR

431.307 (a)(2), (b), and (c) result in barring the distribution of

voter registration materials to AFDC and Medicaid applicants

recipients. Enactment of the NVRA mandates that State and local public

assistance offices conduct such activities. In order to comply with

these statutory requirements, we propose to amend 45 CFR 205.50 and 42

CFR 431.307 to remove the bar from the States subject to NVRA. The bar,

however, would continue to apply to States that are exempt from NVRA.

States that permit voter registration at polling places (since March

11, 1993 or pursuant to State law enacted on or before that date) or

States with no voter registration requirements for any voter in the

state with respect to an election for Federal office (since March 11,

1993) are exempt from NVRA requirements.

State agencies responsible for the administration of the AFDC and

Medicaid programs have already been advised of the availability of

Federal financial participation (FFP) necessary to conduct voter

registration assistance in public assistance offices in accordance with

Section 7 of the NVRA. The Administration for Children and Families and

the Health Care Financing Administration will issue further guidance in

program instructions as needed to AFDC and Medicaid agencies regarding

the implementation of these provisions. All relevant Federal agencies

will continue to work closely with each other and with State public

assistance agencies toward the successful implementation of this Act.

Under Section 9 of the NVRA the Federal Election Commission (FEC)

is required to develop a national mail voter registration form for

elections to Federal office and to submit reports to Congress to assess

the impacts of the legislation each odd-numbered year beginning June

30, 1995. The FEC published an NPRM related to these provisions in the

Federal Register on March 10, 1994, 59 FR 11211. The comment period

closed on April 11, 1994.

Executive Order 12866

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.

Paperwork Reduction Act

These proposed regulations do not require any information

collection activities and therefore no approval is necessary under the

Paperwork Reduction Act.

Regulatory Flexibility Act

The Regulatory Flexibility Act (Pub. L. 96-354) requires the

Federal Government to anticipate and reduce the impact of regulations

and paperwork requirements on small businesses. The primary impact of

these proposed rules is on State governments and individuals.

Therefore, we certify that these rules will not have a significant

economic impact on a substantial number of small entities because they

affect benefits to individuals and payments to States. Thus, a

regulatory flexibility analysis is not required.

List of Subjects

45 CFR Part 205

Computer technology, Grant programs--social programs, Privacy,

Public assistance programs, Reporting and recordkeeping requirements,

Wages.

42 CFR Part 431

Aid to Families with Dependent Children, Aliens, Contracts

(Agreements--State Plan), Eligibility, Grant-in-Aid program--health,

Guam, Health facilities, Medicaid, Puerto Rico, Supplemental Security

Income (SSI), Virgin Islands.

[Catalog of Federal Domestic Assistance Programs 13.780, Assistance

Payments-Maintenance Assistance; and Program No. 93.778, Medical

Assistance Program]

Dated: June 21, 1994.

Mary Jo Bane,

Assistant Secretary for Children and Families.

Dated: June 30, 1994.

Bruce C. Vladeck,

Administrator, Health Care Financing Administration.

Approved: August 10, 1994.

Donna E. Shalala,

Secretary, Health and Human Services.

For the reasons explained in the preamble, 42 CFR Part 431 and 45

CFR Part 205 of the Code of Federal Regulations are amended as set

forth below:

42 CFR CHAPTER IV

PART 431--STATE ORGANIZATION AND GENERAL ADMINISTRATION

1. The authority citation for Part 431 continues to read as

follows:

Authority: Sec. 1102 of the Social Security Act (42 U.S.C.

1302).

2. Section 431.307 is amended by revising paragraph (a)(2) and (b)

and by adding a new paragraph (d) to read as follows:

Sec. 431.307 Distribution of information materials.

(a) * * *

(2) Have no political implications except to the extent required to

implement the National Voter Registration Act of 1993 (NVRA) (Pub. L.

103-31);

* * * * *

(b) The agency must not distribute materials such as ``holiday''

greetings, general public announcements, voting information except to

the extent required to implement NVRA and alien registration notices.

* * * * *

(d) The agency shall distribute such materials as are required to

implement NVRA.

45 CFR CHAPTER II

PART 205--GENERAL ADMINISTRATION PUBLIC--ASSISTANCE PROGRAMS

1. The authority citation for Part 205 is revised to read as

follows:

Authority: 42 U.S.C. 602, 603, 606, 607, 611, 1302, 1306(a),

1320b-7 and 1973gg-5.

2. Section 205.50 is amended by revising paragraphs (a)(4)

introductory text and (a)(4)(i), and by adding a new paragraph

(a)(4)(iv) to read as follows:

Sec. 205.50 Safeguarding information for the financial assistance

programs.

(a) * * *

(4) All materials sent or distributed to applicants, recipients, or

medical vendors, including material enclosed in envelopes containing

checks, will be limited to those which are directly related to the

administration of the program and will not have political implications

except to the extent required to implement the National Registration

Act of 1993 (NVRA) Pub. L. 103-31. Under this requirement:

(i) Specifically excluded from mailing or distribution are

materials such as ``holiday'' greetings, general public announcements,

alien registration notices, and voting information except to the extent

required to implement NVRA.

* * * * *

(iv) The agency shall distribute such materials as are required to

implement NVRA.

* * * * *

[FR Doc. 94-28672 Filed 11-21-94; 8:45 am]

BILLING CODE 4184-01-M