Public Assistance Programs; etc.; Removal of Obsolete Work Program Regulations

[[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superseded when State welfare agencies began their JOBS programs in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]

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