[Federal Register Volume 59, Number 224 (Tuesday, November 22, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-28672]
[[Page Unknown]]
[Federal Register: November 22, 1994]
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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