[Federal Register Volume 65, Number 233 (Monday, December 4, 2000)]
[Rules and Regulations]
[Pages 75632-75634]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-30093]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Administration for Children and Families

45 CFR Parts 270 and 276


Bonus to Reward States for High Performance Under the TANF 
Program and Data Collection and Reporting Requirements for States and 
Indian Tribes Under Welfare-to-Work Grants

AGENCY: Administration for Children and Families, HHS.

ACTION: Final rules; correction and removal.

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SUMMARY: This document contains three actions. First, we are correcting 
two words in the high performance bonus final regulations, published 
August 30, 2000. Second, we are revising or updating two statements in 
the preamble to these regulations for clarity. Third, we are removing 
from the Code of Federal Regulations the interim final regulations on 
Welfare-to-Work data collection, published October 29, 1998, as the 
Department of Labor now has responsibility for all data collection on 
this program.

DATES: These actions are effective December 4, 2000.

FOR FURTHER INFORMATION CONTACT: Sean Hurley, Office of Planning, 
Research and Evaluation, at (202) 401-9297 or Ann Burek, Office of 
Family Assistance, at (202) 401-4528.

SUPPLEMENTARY INFORMATION:

A. Correction to Final Rule 45 CFR Part 270: Bonus to Reward States 
for High Performance under the TANF Program

    We published final regulations for awarding high performance 
bonuses to States under the Temporary Assistance for Needy Families 
(TANF) Program on August 30, 2000 (65 FR 52814). The final regulations 
specified the measures on which we will base high performance bonus 
awards and the funds allocation formula.
    The measures specified in Sec. 270.4(d) are based on the 
participation by low-income families in the Medicaid/State Children's 
Health Insurance Program (SCHIP). In Sec. 270.4(d), we are making two 
word changes:
    1. Sec. 270.4(d)(1)(i) as published on August 30, 2000, reads as 
follows:
    ``Beginning in FY 2002, we will measure the number of individuals 
receiving TANF benefits who are also enrolled in Medicaid or SCHIP, who 
leave TANF in a calendar year and are enrolled in Medicaid or SCHIP in 
the fourth month after leaving TANF assistance, and who are not 
receiving TANF assistance in the fourth month as a percentage of 
individuals who left TANF in the fiscal year and are not receiving TANF 
assistance in the fourth month after leaving.''
    In this section, we are making one correction. We are deleting the 
word ``calendar'' and substituting the word ``fiscal.'' We are 
measuring performance based on the fiscal year, rather than the 
calendar year.
    2. Sec. 270.4(d)(2)(ii) as published on August 30, 2000, reads as 
follows:
    ``For any given year, we will compare a State's performance on this 
improvement measure to its performance in the previous year, beginning 
with a comparison of FY 2000 to FY 2001, based on a quarterly 
submission by the State as determined by matching individuals (adults 
and

[[Page 75633]]

children) who have left TANF assistance and who are not receiving it in 
the fourth month with Medicaid or SCHIP enrollment data.''
    In this section, we are deleting the word ``it'' and substituting 
the words ``TANF assistance'' for clarity.

B. Revisions to Preamble Language

    In the preamble to the final regulations for the high performance 
bonus, we listed a number of other TANF regulations we had published. 
That list included the September 23, 1998 publication of the Notice of 
Proposed Rulemaking covering the annual reports of State child poverty 
rates in relation to the TANF program (63 FR 52814). We are updating 
this information to note that the final regulation regarding child 
poverty and the TANF program was published on June 23, 2000 (65 FR 
39233).
    Also in the preamble to the high performance bonus final 
regulations, on page 52820 we summarized the major changes in and 
provisions of the final rule. We are revising item #13 regarding the 
child care measure to clarify the fiscal years the various components 
of the child care measure are in effect. The revised language reads as 
follows:
    ``Bases competition in FY 2002 on a child care measure which 
focuses on child care accessibility (the percent of CCDF-eligible 
children receiving services) and affordability (assessed family co-
payments), using data the States currently report to us under the CCDF 
program; in FY 2003, a component on child care quality is added based 
on State reimbursement rates.''

C. Removal of 45 CFR Part 276: Data Collection and Reporting 
Requirements for States and Indian Tribes under Welfare-to-Work 
Grants

    We are removing 45 CFR part 276, the data collection and reporting 
requirements pertaining to participants in the WtW program, because the 
Omnibus Consolidated Appropriations Act (Pub. L. 106-113), signed into 
law on November 29, 1999, revised the data collection and reporting 
requirements for the Welfare-to-Work (WtW) program under sections 
403(a)(5) and 411 of the Social Security Act (Act) to place all the 
responsibility with the Department of Labor (DOL). At the time we 
published the interim final rule (October, 1998), DOL and the 
Department of Health and Human Services shared these responsibilities.
    The Omnibus Consolidated Appropriations Act also removed the WtW 
participant reporting requirements from section 411 of the Act.
    The legislation that created the WtW program was in the Balanced 
Budget Act of 1997, Pub. L. 105-33. DOL's implementation of this 
legislation included the publication of an interim final rule on 
November 18, 1997 (62 FR 615588). This interim final rule specified 
program and administrative requirements, including financial reporting 
requirements, for formula grantees and competitive grantees. We (ACF) 
published an interim final rule on October 29, 1998, to implement the 
reporting requirements related to participant characteristics in the 
WtW program that were contained in section 411 of the Act.
    When the Omnibus Appropriations Act placed responsibility for all 
data collection with the DOL, the Employment and Training 
Administration (ETA) of DOL published a notice of proposed information 
collection requirements for the WtW program on August 20, 2000 (65 FR 
51034). Specifically, the notice requested public comment on revisions 
to two DOL quarterly status reports, i.e., ETA #9068--Report by Formula 
Grantees and ETA #9068-1--Report by Competitive Grantees. The DOL 
revisions included reporting of WtW participant data consistent with 
the amendments under the Omnibus Appropriations Act.

D. Waiver of Notice and Comment Procedures

    The Administrative Procedure Act (5 U.S.C. 553(b)(B)) requires that 
the Department publish a notice of proposed rulemaking unless the 
Department finds, for good cause, that such notice is impracticable, 
unnecessary, or contrary to the public interest. In this instance, this 
notice involves only a withdrawal of regulations that are no longer 
valid and two minor editorial corrections. Accordingly, the Department 
has determined that it would be unnecessary and contrary to the public 
interest to use notice and comment procedures in issuing these 
amendments.

E. Impact Analysis

    No impact analysis is needed for these amendments.

[[Page 75634]]

List of Subjects

45 CFR Part 270

    Grant programs--social programs; Poverty, Public assistance 
programs; Reporting and recordkeeping requirements.

45 CFR Part 276

    Administrative practice and procedure; Employment; Manpower 
training programs; Penalties; Public assistance programs; Reporting and 
recordkeeping requirements; Vocational education.


(Catalog of Federal Domestic Assistance Programs: No.93.558 
Temporary Assistance for Needy Families (TANF) Program; State Family 
Assistance Grants; Tribal Family Assistance Grants; Assistance 
Grants to Territories; Matching Grants to Territories; Supplemental 
Grants for Population Increases; Contingency Fund; High Performance 
Bonus; Decrease in Illegitimacy Bonus. Also, No.17.253 Welfare-to-
Work Grants to States and Localities)

    Dated: November 17, 2000.
Brian Burns,
Deputy Assistant Secretary for Information Resources Management.

    For the reasons set forth in the preamble, 45 CFR part 270 is 
amended to make two corrections, and 45 CFR part 276 is removed as 
follows:

PART 270--HIGH PERFORMANCE BONUS AWARDS

    1. The authority citation for part 270 continues to read as 
follows:

    Authority: 42 U.S.C. 603(a)(4).


Sec. 270.4  [Corrected]

    2. In Sec. 270.4(d)(1)(i), the word ``calendar'' is revised to read 
``fiscal''.
    3. In Sec. 270.4(d)(2)(ii), the word ``it'' is revised to read 
``TANF assistance''.

PART 276--DATA COLLECTION AND REPORTING REQUIREMENTS FOR STATES AND 
INDIAN TRIBES UNDER WELFARE-TO-WORK GRANTS [REMOVED]

    4. Part 276 is removed from chapter II of title 45 of the Code of 
Federal Regulations.

[FR Doc. 00-30093 Filed 12-1-00; 8:45 am]
BILLING CODE 4184-01-P