[Federal Register Volume 61, Number 220 (Wednesday, November 13, 1996)]
[Rules and Regulations]
[Pages 58140-58143]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-28939]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Health Care Financing Administration

42 CFR Part 431

Administration for Children and Families

45 CFR Part 205

RIN 0970-AB32


Medicaid and Aid to Families With Dependent Children; Certain 
Provisions of the National Voter Registration Act of 1993

AGENCIES: Administration for Children and Families (ACF), and Health 
Care Financing Administration (HCFA), HHS.

ACTION: Final rule.

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SUMMARY: These final rules would remove certain regulatory restrictions 
that conflict with implementation of the National Voter Registration 
Act of 1993 (NVRA), Pub. L. 103-31. The NVRA provisions will make it 
easier for individuals to vote in elections for Federal office.

EFFECTIVE DATE: November 13, 1996.

FOR FURTHER INFORMATION CONTACT: AFDC: Mr. Mack A. Storrs, ACF/OFA 5th 
floor, 370 L'Enfant Promenade SW., Washington, DC 20447, telephone 
(202) 401-9289.
    Medicaid: Mr. Marinos T. Svolos, 7500 Security Boulevard, 
Baltimore, Maryland, 21244-1850, telephone (410) 786-4582.

SUPPLEMENTARY INFORMATION:

Background

    The NVRA 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;

[[Page 58141]]

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, dated February 2, 1993, the 
term ``public assistance agencies'' includes ``* * * 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 or recipients of public assistance are to 
be informed to their right to request or decline 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.
    States that have continuously permitted voter registration at 
polling places at the time of voting in a general election for Federal 
office (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 
continuously 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), 
in consultation with the chief election officers of the States, is 
required to develop a national mail voter registration application form 
for elections to Federal office and to submit reports to Congress 
assessing the impact of the legislation during the preceding 2-year 
period for each odd-numbered year beginning June 30, 1995. The FEC 
published a Final Rule related to these provisions in the Federal 
Register on June 23, 1994 (59 FR 32311-32325).
    The Department regards the NVRA as an integral feature of its goal 
to reform the welfare system. Our present initiative encourages States 
to change welfare agency culture from one that focuses primarily on 
issuing checks and monitoring eligibility to one that provides an array 
of services in support of family responsibility and financial 
independence. These NVRA provisions promote family responsibility by 
empowering the client population to exercise the essential democratic 
right to participate in the electoral process.

Notice of Proposed Rulemaking

    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 and 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 proposed amending the aforementioned 
regulations to remove the bar from the States subject to the NVRA. An 
NPRM was published in the Federal Register on November 22, 1994 (59 FR 
60109).
    As originally written, the NPRM would continue the bar on 
distribution of voter registration materials by State public assistance 
and Medicaid agencies in States that are exempt from the NVRA. This 
position was questioned by a number of commenters. We agree with the 
commenters that exempt States should not be barred from conducting 
voter registration activities as provided under the NVRA. We, 
therefore, have eliminated language that would prohibit such 
discretionary activities by those States. This is discussed in greater 
detail in the following section.
    We also have made a minor, clarifying change in Secs. 431.307(d) 
and 205.50(a) (4)(iv).

Response to Comments

    We received six comments on the proposed rules. Four were from 
advocacy groups, one was from a State government agency, and one was 
from a real estate agency. A discussion of these comments and our 
response follows:
    Comment: We received four comments indicating that State welfare 
offices should be required to use a single form which would allow AFDC 
applicants to register to vote at the same time they apply for AFDC. 
This single form would ensure that the voter registration is not 
overlooked by the worker handling the AFDC/Medicaid application. The 
commenters believe that, among other benefits, the combined voter 
registration/AFDC/Medicaid application form would lead to a greater 
number of people registering to vote than if the forms were separated. 
They contend that combining the registration form with the application 
for services is the single most effective way to offer registration 
services, and that using separate forms for voter registration purposes 
results in significantly lower registration rates.
    Response: We acknowledge that a single form that combines the AFDC/
Medicaid and voter applications may better facilitate the voter 
registration process. Accordingly, we encourage State agencies to adopt 
this solution. However, the statute does not mandate that a combined 
application/registration form be used.
    Consequently, each state has the latitude to use a combined AFDC/
Medicaid/voter registration form or not to use such a form, whichever 
is deemed most practical for that particular State.
    Accordingly, we have not adopted the commenters' suggestion but 
feel that States should seriously consider the merits of utilizing a 
single form that combines the AFDC/Medicaid voter registration 
applications. When using a combined form, workers must inform clients, 
as required by section 7(a)(5) of the NVRA, that their receipt of AFDC/
Medicaid benefits is not dependent upon a decision to register or not 
to register to vote.
    Comment: Although the Federal Election Commission (FEC) final rule 
requires States to submit statistical data on registrations that are 
received from agencies in the States, four commenters suggested that 
the HHS final rules also provide for some sort of data collection to 
help evaluate the implementation of the NVRA. The commenters suggested 
that HHS would find it useful to compile some statistics of its own to

[[Page 58142]]

facilitate program improvements and cost efficiency measures.
    Response: Under section 9 of the NVRA the FEC is required to submit 
reports to Congress to assess the impact of the NVRA each odd-numbered 
year beginning June 30, 1995. The FEC final rules describe the 
extensive recordkeeping and reporting requirements that must be 
maintained by the chief election official of each State. According to 
the FEC final rules, among other data, reports must include the 
statewide number of registration applications that were received from 
all public assistance agencies. While more data might prove useful in 
the evaluation of program operations, these final rules do not seek or 
require the compilation of additional information. We have not adopted 
the commenters' suggestion because additional recordkeeping and 
reporting requirements above those already required by the FEC would 
negatively impact State welfare agency staff who are providing voter 
registration services in conjunction with other caseload priorities.
    Comment: The NPRM proposed to continue to apply the bar against 
registering voters in States that are exempt from the NVRA. 
Specifically, those 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 for any voter in 
the State with respect to an election for Federal office (since March 
11, 1993) are exempt from NVRA requirements and are currently 
prohibited from conducting voter registration activities at the welfare 
office level. Three commenters objected to continuing this bar and 
requested that it be stricken from the final rule. These commenters 
indicated that no State should be barred from conducting such 
registration activities and recommended that States exempt from the 
NVRA be allowed the discretion to determine whether they will offer 
voter registration by public assistance agencies.
    Response: We agree with the recommendation. Neither the NVRA nor 
the Social Security Act expressly prohibit an exempt State from 
assisting clients to register to vote. Accordingly, we believe that 
States exempt from the NVRA should have the discretion to allow their 
AFDC/Medicaid population to register to vote so long as the provisions 
of section 7(a)(5) of the NVRA are followed. These provisions contain a 
number of protections to ensure that the registration process will be 
fair and non-partisan. Specifically, 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 the applicant's or recipient's 
decision to register or not to register to vote. The final regulation 
has been modified to expressly prohibit the mailing or distribution of 
partisan voting information. We added the word ``partisan'' because we 
believe it will be helpful to State agencies in implementing their 
voter registration activities. We also removed redundant references to 
the NVRA.
    Comment: One commenter objected to employees' assisting applicants 
in the completion of voter registration application forms because this 
would impose a burden unrelated to the employees' basic work. The 
commenter also questioned the possibility of an employee influencing 
the applicant to register for the employee's choice of political 
parties.
    Response: We do not agree. The statute requires that public 
assistance offices make available assistance to AFDC/Medicaid 
applicants and recipients in registering them to vote. According to 
section 7(a)(4)(A) of the NVRA, public assistance offices shall make 
the following services available: ``(i) Distribution of mail voter 
registration application forms.* * *; (ii) Assistance to applicants in 
completing voter registration application forms, unless the applicant 
refuses such assistance;'' and, ``(iii) Acceptance of completed voter 
registration application forms for transmittal to the appropriate State 
election official.'' Therefore, staff must make available to applicants 
the same level of assistance in completing voter registration 
application forms as they do in assisting applicants completing AFDC/
Medicaid forms.
    Regarding the commenter's concern about an employee's influencing a 
client to register for one particular party, the statute provides a 
safeguard. Section 7(a)(5) of the NVRA states that an employee who 
provides voter registration services shall not ``seek to influence an 
applicant's political preference or party registration'' or ``display 
any such political preference or party allegiance.'' We are confident 
that State welfare agencies have instituted the proper safeguards to 
prevent abuse.
    Comment: One commmenter was concerned because the HHS regulations 
are silent as to the obligation to comply with the Voting Rights 
Language Assistance Act of 1992, in particular section 203. This 
section enables a community to receive bilingual voting assistance if 
more than 10,000 voting age citizens in a jurisdiction belong to a 
single language minority with limited English proficiency and the 
illiteracy rate of the citizens in the language minority is higher than 
the national illiteracy rate. It was also suggested that HHS take a 
greater role in support of bilingual voting assistance.
    Response: We do not feel that it is necessary for DHHS to regulate 
in this area. The regulatory requirements implementing the Language 
Assistance Act of 1992 can be found at 28 CFR Part 55. State election 
officials and AFDC/Medicaid agency staff should work together to 
implement these regulatory requirements.

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 final regulations do not require any information collection 
activities, and therefore no approval is necessary under the Paperwork 
Reduction Act of 1995.

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; Program No. 93.778, Medical 
Assistance Program)


[[Page 58143]]


    Dated: June 6, 1996.

Mary Jo Bane,
Assistant Secretary for Children and Families.

    Dated: June 14, 1996.
Bruce C. Vladeck,
Administrator, Health Care Financing Administration.

    Approved: July 26, 1996.
Donna E. Shalala,
Secretary, Health and Human Services.

    For the reasons explained in the preamble, part 431 of Chapter IV, 
Title 42, Code of Federal Regulations, is amended as set forth below:

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; for States that are exempt from the requirements of NVRA, voter 
registration may be a voluntary activity so long as the provisions of 
section 7(a)(5) of NVRA are observed;
* * * * *
    (b) The agency must not distribute materials such as ``holiday'' 
greetings, general public announcements, partisan voting information 
and alien registration notices.
* * * * *
    (d) Under NVRA, the agency must distribute voter information and 
registration materials as specified in NVRA.
    For the reasons explained in the preamble, Part 205 of Chapter II, 
Title 45, Code of Federal Regulations, is amended as set forth below:

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, 1302, 1306(a), and 
1320b-7: 42 U.S.C. 1973gg-5.

    2. Section 205.50 is amended by revising paragraphs (a)(4), 
introductory text, and (a)(4)(i), adding a new paragraph (a)(4)(iv), 
and adding paragraph (b) 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 Voter 
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 partisan voting information.
* * * * *
    (iv) Under NVRA, the agency must distribute voter information and 
registration materials as specified in NVRA.
    (b) Voluntary voter registration activities. For States that are 
exempt from the requirements of NVRA, voter registration may be a 
voluntary activity so long as the provisions of section 7(a)(5) of NVRA 
are observed.
* * * * *
[FR Doc. 96-28939 Filed 11-12-96; 8:45 am]
BILLING CODE 4184-01-M