[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superseded when State welfare agencies began their JOBS programs in 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