[Federal Register Volume 91, Number 146 (Friday, July 31, 2026)]
[Rules and Regulations]
[Pages 48268-48289]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-15567]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Administration for Children and Families

45 CFR Parts 201, 204, 205, 225, 233, 234, 235, 237, 260, 261, 262, 
263, 264, 265, 270, 283, 284, 286, and 287

RIN 0970-AD38


Reducing Bureaucracy and Burden for Family Assistance Programs

AGENCY: Office of Family Assistance (OFA), Administration for Children 
and Families (ACF), Department of Health and Human Services (HHS).

ACTION: Final rule.

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SUMMARY: This final rule amends the Grants to States for Public 
Assistance Programs regulations, the General Administration--State 
Plans and Grant Appeals regulations, the General Administration--Public 
Assistance Programs regulations, the Training and Use of 
Subprofessionals and Volunteers regulations, the Coverage and 
Conditions of Eligibility in Financial Assistance Programs regulations, 
the Financial Assistance to Individuals regulations, the Administration 
of Financial Assistance Programs regulations, the Fiscal Administration 
of Financial Assistance Programs regulations, the General Temporary 
Assistance for Needy Families (TANF) Provisions regulations, the 
Ensuring That Recipients Work regulations, the Accountability 
Provisions--General regulations, the Expenditures of State and Federal 
TANF Funds regulations, the Other Accountability Provisions 
regulations, the Data Collection and Reporting Requirements 
regulations, the High Performance Bonus Awards regulations, the 
Implementation of Section 403(a)(2) of the Social Security Act Bonus to 
Reward Decrease in Illegitimacy Ratio regulations, the Methodology for 
Determining Whether an Increase in a State or Territory's Child Poverty 
Rate Is the Result of the TANF Program regulations, the Tribal TANF 
Provisions regulations, and The Native Employment Works (NEW) Program 
regulations to eliminate unnecessary or obsolete regulations. A plain 
language summary of the final rule is posted at https://www.regulations.gov.

DATES: Effective date September 29, 2026.

FOR FURTHER INFORMATION CONTACT: Adam N. Jones, Deputy Chief of Staff, 
Immediate Office of the Assistant Secretary, Administration for 
Children and Families, Department of Health and Human Services, 
Washington, DC 202-417-0115 or [email protected].

SUPPLEMENTARY INFORMATION:

I. Statutory Authority

    This final rule is being issued under the authority granted to the 
Secretary of Health and Human Services by the Social Security Act, as 
amended (42 U.S.C. 301 et seq.), including titles I, IV-A, IV-D, X, 
XIV, and XVI(note) of the Social Security Act which authorizes the 
administration of public assistance, child support enforcement, and 
other family assistance programs. This rulemaking is further supported 
by Section 1102 of the Social Security Act (42 U.S.C. 1302), which 
provides the Secretary with general authority to make and publish 
regulations necessary for the efficient administration of programs 
under the Act. These statutory authorities provide the basis for the 
regulations codified at 45 CFR parts 201, 204, 205, 225, 233, 234, 235, 
237, 260, 261, 262, 263, 264, 265, 270, 283, 284, 286, and 287.

II. Background

    45 CFR parts 201, 204, 205, 225, 233, 234, 235, and 237 comprise 
the core regulatory framework governing the administration of public 
assistance and related programs authorized under the Social Security 
Act and administered by HHS, primarily through the ACF. Originally 
promulgated to implement Aid to Families with Dependent Children (AFDC) 
and other categorical assistance programs prior to enactment of the 
Personal Responsibility and Work Opportunity Reconciliation Act of 1996 
(PRWORA) (Pub. L. 104-193), these regulations to established 
administrative, fiscal, and program integrity requirements applicable 
to States, Territories, and, where applicable, Tribal agencies 
operating federally funded assistance programs.
    These parts establish State plan requirements, Federal financial 
participation (FFP) standards, reporting and recordkeeping obligations, 
hearing and appeals processes, eligibility and payment provisions, and 
administrative enforcement mechanisms. They include general 
administrative provisions (Part 201), public assistance reporting 
requirements (Part 205), financial management standards (Part 201 and 
related subparts), program-specific requirements for assistance and 
services (Part 233), and fair hearing and appeals procedures (Part 
205). Collectively, these regulations provide the uniform 
administrative structure under which States, Tribes, and Territories 
receive and administer Federal funds for cash assistance and related 
benefit programs.
    45 CFR parts 260 through 265 establish the regulatory framework for 
the TANF program, enacted under title IV-A of the Social Security Act 
as amended by PRWORA in 1996. Originally published in 1999 and 
subsequently amended, these regulations govern the purposes of TANF 
(Part 260), work participation requirements (Part 261), eligible and 
ineligible uses of Federal TANF funds (Part 263), State reporting 
requirements (Part 265), penalty and corrective action procedures (Part 
262), and data collection and verification standards (Part 264).
    The TANF regulations define key statutory terms such as 
``assistance,'' ``work activities,'' and ``work-eligible individual,'' 
and establish the methodology for calculating State work participation 
rates. They also set forth maintenance-of-effort (MOE) requirements, 
limitations on administrative expenditures, and procedures for 
determining and appealing financial penalties. Together, these parts 
provide the accountability and performance measurement structure for 
the TANF block grant program while preserving State flexibility in 
program design.
    45 CFR part 270, ``High Performance Bonus Awards'' governs the 
bonus funds awarded to States for meeting certain TANF measures. The 
regulations lay out the amount in bonuses provided, explain the 
measures and what factors ACF uses to determine each state's scores.
    45 CFR part 283 ``Implementation of Section 403(A)(2) of the Social 
Security Act Bonus to Reward Decrease in Illegitimacy Ratio'' governs 
the bonuses given to states who lowered illegitimacy. The regulations 
describe what data a state had to submit to be considered for the 
bonus, how ACF would consider the data, and the amounts of the bonus.
    45 CFR part 284 ``Methodology for Determining Whether an Increase 
in a State or Territory Child Poverty Rate is the Result of the TANF 
Program'' governs the previous requirement under 42 U.S.C. 613(i) for 
determining child poverty rates. The regulations explain the method of 
determining child poverty rates and corrective action required if the 
poverty rate increased by over five percent in a two-year period.
    45 CFR part 286 ``Tribal TANF Provisions'' establishes the 
regulatory requirements governing the approval

[[Page 48269]]

and administration of Tribal TANF programs. Promulgated following 
statutory authorization for Tribal administration of TANF, this part 
specifies Tribal plan content requirements, funding methodologies, 
reporting obligations, and procedures for plan amendments and 
corrective actions. It provides for direct Federal funding to eligible 
federally recognized Tribes and Tribal consortia and outlines the 
process for determining Tribal family assistance grant amounts based on 
historical State expenditures.
    45 CFR part 287 ``The Native Employment Works (NEW) Program'' 
describes the rules for implementing the program described in Section 
412(a)(2) of the Social Security Act. This part lists plan 
requirements, allowable expenditures under the program, and reporting 
requirements.
    Taken together, these regulatory parts form an integrated framework 
governing the administration, funding, accountability, and oversight of 
TANF, Tribal TANF, child support enforcement, and related assistance 
programs. They establish uniform procedures for State and Tribal plans, 
financial management, reporting, performance measurement, enforcement, 
and appeals, while implementing statutory requirements designed to 
promote program integrity, fiscal stewardship, and the effective 
delivery of services to low-income families.

III. Executive Summary

    This final rule removes multiple regulations that are either 
unnecessary or wholly obsolete. The regulations removed and reserved by 
this final rule can be categorized into three groups: those that are 
duplicative, those that are better suited in a sub-regulatory format, 
or those that are obsolete.
    The duplicative regulations are those that exist yet, carry no 
impact as the authority and requirements stated in the regulation exist 
or are stated elsewhere such as in statute. This renders the language 
found in the regulation to be either duplicative or otherwise generally 
unnecessary.
    The regulations that are better suited to a sub-regulatory document 
are those that generally read like a Frequently Asked Questions 
document or are overly prescriptive and carry technical details that 
belong in programmatic instruction. These documents are being removed 
and reserved in order to allow them to be published in the more 
appropriate format.
    Finally, obsolete regulations are those that are outdated. This 
includes regulations that refer to grant programs that are no longer 
funded, practices that are no longer followed, or are no longer 
relevant.

Effective Date

    This final rule will become effective 60 days from the date of its 
publication.

Severability

    The provisions of this final rule are intended to be severable, 
such that, in the event a court were to invalidate any particular 
provision or deem it to be unenforceable, the remaining provisions 
would continue to be valid. The changes address a variety of issues 
relevant to the Office of Family Assistance. None of the provisions 
contained herein are central to an overall intent of the final rule, 
nor are any provisions dependent on the validity of other, separate 
provisions.

IV. Summary of Public Comments

    ACF published a notice of proposed rulemaking (NPRM) in the Federal 
Register on May 26, 2026, (91 FR 30538) proposing revisions to 45 CFR 
parts 201, 204, 205, 225, 233, 234, 235, 237, 260, 261, 262, 263, 264, 
265, 270, 283, 284, 286, and 287. ACF provided a 30-day comment period 
during which interested parties could submit comments in writing 
electronically through Regulations.gov or via email to the Immediate 
Office of the Assistant Secretary.
    During the 30-day comment period, ACF received 6 total comments 
from one individual, two legal advocacy organizations (Western Center 
on Law and Poverty and the Legal Aid Foundation of Los Angeles), one 
public policy think tank (Foundation for Government Accountability), 
one State agency (The Maryland Department of Human Services), and one 
Tribal government (the Washoe Tribe of Nevada and California). All 
comments received were posted on www.regulations.gov.
    Of the 6 submissions received, all 6 comments were unique, and none 
were duplicative. At the conclusion of the public comment period, HHS 
analyzed the content of the comments to inform the development of the 
final rule. All comments were reviewed to determine each commenter's 
support or opposition towards the policies proposed in the NPRM.
    Public comments reflected a range of perspectives, with most 
commenters generally supportive of the intent of removing outdated and 
obsolete regulations, though many commenters identified specific 
sections they believed did not meet the parameters of obsolete or 
unnecessary. One commenter supported the NPRM and identified no 
provisions of opposition, whereas another commenter stated complete 
opposition to the entire NPRM and identified no areas of support. The 
remaining commenters listed specific sections that they wanted to 
retain for various reasons as discussed below. All responsive comments 
informed our consideration of the final rule.
    The preamble in this final rule discusses the changes to current 
regulations. Where language of previous regulations remains unchanged, 
the preamble explanation and interpretation of that language published 
with all prior final rules are also retained, unless specifically 
modified in the preamble to this rule.

V. General Comments and Cross-Cutting Issues

    This final rule includes the removal of multiple sections of 
regulations relating to 45 CFR parts 201, 204, 205, 225, 233, 234, 235, 
237, 260, 261, 262, 263, 264, 265, 270, 283, 284, 286, and 287. HHS 
received and reviewed comments on the proposed changes. Following 
review of all comments, HHS has maintained all proposed changes from 
the NPRM. Specific comments are discussed below.
    As stated above, most commenters were generally supportive of the 
intent of removing outdated and obsolete regulations but identified 
specific sections they believed did not meet the parameters of obsolete 
or unnecessary. These specific comments are discussed in Section VI.
    There were four general or cross cutting comments made by the 
commenters. The first commenter was the individual who urged HHS to not 
finalize this rule and stated that the regulations were ``needed'' but 
did not provide any information to justify this claim. With the limited 
information provided, HHS cannot provide any more specific response 
than below in the Section-by-Section discussion.
    The second commenter with cross-cutting comments was Foundation for 
Government Accountability (FGA), who said that they supported HHS's 
efforts to distinguish between outdated text and non-binding guidance 
as compared to active regulatory requirements. FGA encouraged HHS to 
finalize the proposed rule as published to reduce administrative burden 
and to allow states and grantees to focus on current statutory 
obligations. HHS agrees with the commenter's stated rationale for 
issuing a final action to repeal the stated Sections.
    The third commenter with cross-cutting or general comments was from 
the Washoe Tribe of Nevada and

[[Page 48270]]

California who encouraged HHS to engage in more regular Tribal 
consultation for regulations affecting Tribal communities. HHS agrees 
and will continue to consult with Tribal leaders to the extent 
possible.
    The final commenter with broad spectrum comments was the Maryland 
Department of Human Services who said that they disagreed with the 
classification of ``duplicative of statute'' and ``better suited for 
sub-regulatory guidance'' as acceptable reasons to remove a regulation. 
The commenter argued that while language may repeat statutory 
requirements, it ``applies uniformity'' and creates a ``baseline'' for 
States. The commenter further asserted that moving regulations to sub-
regulations removes the ability for public comment and creates less 
durability between administrations.
    HHS respectfully disagrees that language that is duplicative of 
statute should also remain in regulation as we believe it can serve to 
confuse the public about what unique requirements exist. Furthermore, 
for Sections that are to be moved to sub-regulatory guidance, these are 
in reference to items that ``clarify'' regulatory or statutory text 
without providing new requirements and therefore do not belong as 
regulations.
    HHS acknowledges the thoughts, both in support and opposition to 
the proposal, raised by the commenters and moves forward with 
rescinding the requirements as proposed.

VI. Section-by-Section Discussion of Comments and Regulatory Provisions

    HHS received comments about changes proposed to specific subparts 
of the regulation. Below, HHS identifies each subpart, whether or not 
they received comments, summarizes the comments, responds to them 
accordingly, and identifies HHS's final action.

45 CFR part 201 Grants to States for Public Assistance Programs

Sec.  201.0 Scope and Applicability
    This Section was established for the AFDC Program which was in 
effect from 1935 to 1996. However, this program was replaced during the 
welfare reform era of the 1990s with many of AFDC's former 
responsibilities now falling under the TANF program, following its 
creation in 1996. AFDC no longer exists. As such, the regulations do 
not need to remain on the books for a program that Congress eliminated. 
While some provisions relate to the Adult Assistance programs that 
still operate in Guam, Puerto Rico, and the Virgin Islands, the statute 
provides sufficient authority for general administrative and procedural 
operations of these programs to be addressed in sub-regulatory 
guidance. There were no comments specifically on this Section. Thus, 
this final rule removes and reserves this Section.
Sec.  201.1 General Definitions
    This Section was established for the AFDC Program which was in 
effect from 1935 to 1996. However, this program was replaced during the 
welfare reform era of the 1990s with many of AFDC's former 
responsibilities now falling under the TANF program following its 
creation in 1996. AFDC no longer exists. As such, the regulations do 
not need to remain on the books for a program that Congress eliminated. 
. While some provisions relate to the Adult Assistance programs that 
still operate in Guam, Puerto Rico, and the Virgin Islands, the statute 
provides sufficient authority for general administrative and procedural 
operations of these programs to be addressed in sub-regulatory 
guidance. There were no comments specifically on this Section. Thus, 
this final rule removes and reserves this Section.
Subpart A--Approval of State Plans and Certification of Grants
Sec.  201.3 Approval of State Plans and Amendments
    This Section was established for the AFDC Program which was in 
effect from 1935 to 1996. However, this program was replaced during the 
welfare reform era of the 1990s with many of AFDC's former 
responsibilities now falling under the TANF program following its 
creation in 1996. AFDC no longer exists. As such, the regulations do 
not need to remain on the books for a program that Congress eliminated. 
While some provisions relate to the Adult Assistance programs that 
still operate in Guam, Puerto Rico, and the Virgin Islands, the statute 
provides sufficient authority for general administrative and procedural 
operations of these programs to be addressed in sub-regulatory 
guidance. There were no comments specifically on this Section. Thus, 
this final rule removes and reserves this Section.
Sec.  201.4 Administrative Review of Certain Administrative Decisions
    This Section was established for the AFDC Program which was in 
effect from 1935 to 1996. However, this program was replaced during the 
welfare reform era of the 1990s with many of AFDC's former 
responsibilities now falling under the TANF program following its 
creation in 1996. AFDC no longer exists. As such, the regulations do 
not need to remain on the books for a program that Congress eliminated. 
While some provisions relate to the Adult Assistance programs that 
still operate in Guam, Puerto Rico, and the Virgin Islands, the statute 
provides sufficient authority for general administrative and procedural 
operations of these programs to be addressed in sub-regulatory 
guidance. There were no comments specifically on this Section. Thus, 
this final rule removes and reserves this Section.
Sec.  201.5 Grants
    This Section was established for the AFDC Program which was in 
effect from 1935 to 1996. However, this program was replaced during the 
welfare reform era of the 1990s with many of AFDC's former 
responsibilities now falling under the TANF program following its 
creation in 1996. AFDC no longer exists. As such, the regulations do 
not need to remain on the books for a program that Congress eliminated. 
While some provisions relate to the Adult Assistance programs that 
still operate in Guam, Puerto Rico, and the Virgin Islands, the statute 
provides sufficient authority for general administrative and procedural 
operations of these programs to be addressed in sub-regulatory 
guidance. There were no comments specifically on this Section. Thus, 
this final rule removes and reserves this Section.
Sec.  201.6 Withholding of Payment; Reduction of Federal Financial 
Participation in the Costs of Social Services and Training
    This Section was established for the AFDC Program which was in 
effect from 1935 to 1996. However, this program was replaced during the 
welfare reform era of the 1990s with many of AFDC's former 
responsibilities now falling under the TANF program following its 
creation in 1996. AFDC no longer exists. As such, the regulations do 
not need to remain on the books for a program that Congress eliminated. 
While some provisions relate to the Adult Assistance programs that 
still operate in Guam, Puerto Rico, and the Virgin Islands, the statute 
provides sufficient authority for general administrative and procedural 
operations of these programs to be addressed in sub-regulatory 
guidance. There were no comments specifically on this Section. Thus, 
this final rule removes and reserves this Section.
Sec.  201.7 Judicial Review
    This Section was established for the AFDC Program which was in 
effect from 1935 to 1996. However, this program was replaced during the 
welfare reform era of the 1990s with many of AFDC's former 
responsibilities now falling under the TANF program following its

[[Page 48271]]

creation in 1996. AFDC no longer exists. As such, the regulations do 
not need to remain on the books for a program that Congress eliminated. 
While some provisions relate to the Adult Assistance programs that 
still operate in Guam, Puerto Rico, and the Virgin Islands, the statute 
provides sufficient authority for general administrative and procedural 
operations of these programs to be addressed in sub-regulatory 
guidance. There were no comments specifically on this Section. Thus, 
this final rule removes and reserves this Section.
Subpart B--Review and Audits
Sec.  201.10 Review of State and Local Administration
    This Section was established for the AFDC Program which was in 
effect from 1935 to 1996. However, this program was replaced during the 
welfare reform era of the 1990s with many of AFDC's former 
responsibilities now falling under the TANF program following its 
creation in 1996. AFDC no longer exists. As such, the regulations do 
not need to remain on the books for a program that Congress eliminated. 
While some provisions relate to the Adult Assistance programs that 
still operate in Guam, Puerto Rico, and the Virgin Islands, the statute 
provides sufficient authority for general administrative and procedural 
operations of these programs to be addressed in sub-regulatory 
guidance. There were no comments specifically on this Section. Thus, 
this final rule removes and reserves this Section.
Sec.  201.11 Personnel Merit System Review
    This Section was established for the AFDC Program which was in 
effect from 1935 to 1996. However, this program was replaced during the 
welfare reform era of the 1990s with many of AFDC's former 
responsibilities now falling under the TANF program following its 
creation in 1996. AFDC no longer exists. As such, the regulations do 
not need to remain on the books for a program that Congress eliminated. 
While some provisions relate to the Adult Assistance programs that 
still operate in Guam, Puerto Rico, and the Virgin Islands, the statute 
provides sufficient authority for general administrative and procedural 
operations of these programs to be addressed in sub-regulatory 
guidance. There were no comments specifically on this Section. Thus, 
this final rule removes and reserves this Section.
Sec.  201.12 Public Assistance Audits
    This Section was established for the AFDC Program which was in 
effect from 1935 to 1996. However, this program was replaced during the 
welfare reform era of the 1990s with many of AFDC's former 
responsibilities now falling under the TANF program following its 
creation in 1996. AFDC no longer exists. As such, the regulations do 
not need to remain on the books for a program that Congress eliminated. 
While some provisions relate to the Adult Assistance programs that 
still operate in Guam, Puerto Rico, and the Virgin Islands, the statute 
provides sufficient authority for general administrative and procedural 
operations of these programs to be addressed in sub-regulatory 
guidance. There was one comment specifically on this Section. This 
final rule removes and reserves this Section.
    Comment: One commentor was concerned that while this Section was 
promulgated in connection with the AFDC program, that this applied 
beyond AFDC. The commenter stated that present day federal audit and 
grant management requirements seem to address many of the functions 
that are included in this Section. The commenter was concerned that the 
proposed rule did not identify which authorities would be assuming 
these grant management responsibilities.
    Response: The Department appreciates the commenter's concern 
regarding the continued administration of Federal grant management and 
audit responsibilities. Although Sec.  201.12 was promulgated in 
connection with the former AFDC program and may have addressed matters 
beyond that program, the regulation is obsolete because AFDC was 
replaced by the TANF program under PRWORA. Removing this obsolete AFDC 
regulation does not eliminate applicable Federal audit or grant 
management requirements. Those requirements continue to be governed by 
applicable statutes and government-wide Federal grant management and 
audit requirements. For grant programs, including TANF, these 
requirements are found 2 CFR part 200 Subpart F. Accordingly, the 
Department is finalizing the removal and reservation of Sec.  201.12 as 
proposed.
Sec.  201.13 Action on Audit and Review Findings
    This Section was established for the AFDC Program which was in 
effect from 1935 to 1996. However, this program was replaced during the 
welfare reform era of the 1990s with many of AFDC's former 
responsibilities now falling under the TANF program following its 
creation in 1996. AFDC no longer exists. As such, the regulations do 
not need to remain on the books for a program that Congress eliminated. 
While some provisions relate to the Adult Assistance programs that 
still operate in Guam, Puerto Rico, and the Virgin Islands, the statute 
provides sufficient authority for general administrative and procedural 
operations of these programs to be addressed in sub-regulatory 
guidance. There was one comment specifically on this Section. This 
final rule removes and reserves this Section.
    Comment: One commentor was concerned that while this Section was 
promulgated in connection with the AFDC program, that this applied 
beyond AFDC. The commenter stated that present day federal audit and 
grant management requirements seem to address many of the functions 
that are included in this Section. The commenter was concerned that the 
proposed rule did not identify which authorities would be assuming 
these grant management responsibilities.
    Response: The Department appreciates the commenter's concern 
regarding the continued administration of Federal audit and grant 
management responsibilities. Actions on audit and review findings are 
governed by other government-wide statutes and regulations. For HHS 
grants, including TANF, the management and audit requirements are 
covered by 2 CFR part 200. Accordingly, the Department is finalizing 
the removal and reservation of Sec.  201.13 as proposed.
Sec.  201.14 Reconsideration Under Section 1116(d) of the Act
    This Section was established for the AFDC Program which was in 
effect from 1935 to 1996. However, this program was replaced during the 
welfare reform era of the 1990s with many of AFDC's former 
responsibilities now falling under the TANF program following its 
creation in 1996. AFDC no longer exists. As such, the regulations do 
not need to remain on the books for a program that Congress eliminated. 
While these provisions still apply to child support enforcement under 
IV-D of the Social Security Act, as well as the Adult Assistance 
programs that still operate in Guam, Puerto Rico, and the Virgin 
Islands, the statute provides sufficient authority for general 
administrative and procedural operations of these programs to be 
addressed in sub-regulatory guidance. There were no comments 
specifically on this Section. Thus, this final rule removes and 
reserves this Section.
Sec.  201.15 Deferral of Claims for Federal Financial Participation
    This Section was established for the AFDC Program which was in 
effect from 1935 to 1996. However, this program was replaced during the 
welfare reform era of the 1990s with many of AFDC's

[[Page 48272]]

former responsibilities now falling under the TANF program following 
its creation in 1996. AFDC no longer exists. As such, the regulations 
do not need to remain on the books for a program that Congress 
eliminated. While these provisions still apply to child support 
enforcement under IV-D of the Social Security Act as well as Adult 
Assistance programs that still operate in Guam, Puerto Rico, and the 
Virgin Islands, the statute provides sufficient authority for general 
administrative and procedural operations of these programs to be 
addressed in sub-regulatory guidance. There were no comments 
specifically on this Section. Thus, this final rule removes and 
reserves this Section.
Sec.  201.67 Treatment of Uncashed or Cancelled Checks
    This Section was established for the AFDC Program which was in 
effect from 1935 to 1996. However, this program was replaced during the 
welfare reform era of the 1990s with many of AFDC's former 
responsibilities now falling under the TANF program following its 
creation in 1996. AFDC no longer exists. As such, the regulations do 
not need to remain on the books for a program that Congress eliminated. 
While some provisions relate to the Adult Assistance programs that 
still operate in Guam, Puerto Rico, and the Virgin Islands, the statute 
provides sufficient authority for general administrative and procedural 
operations of these programs to be addressed in sub-regulatory 
guidance. There were no comments specifically on this Section. Thus, 
this final rule removes and reserves this Section.
Sec.  201.70 Treatment of Replacement Checks
    This Section was established for the AFDC Program which was in 
effect from 1935 to 1996. However, this program was replaced during the 
welfare reform era of the 1990s with many of AFDC's former 
responsibilities now falling under the TANF program following its 
creation in 1996. AFDC no longer exists. As such, the regulations do 
not need to remain on the books for a program that Congress eliminated. 
While some provisions relate to the Adult Assistance programs that 
still operate in Guam, Puerto Rico, and the Virgin Islands, the statute 
provides sufficient authority for general administrative and procedural 
operations of these programs to be addressed in sub-regulatory 
guidance. There were no comments specifically on this Section. Thus, 
this final rule removes and reserves this Section.

45 CFR part 204 General Administration--State Plans and Grant Appeals

    Part 204, which is inclusive of 45 CFR parts 204.1, 204.2, 204.3, 
and 204.4, was established for the AFDC Program which was in effect 
from 1935 to 1996. However, this program was replaced during the 
welfare reform era of the 1990s with many of AFDC's former 
responsibilities now falling under the TANF program following its 
creation in 1996. AFDC no longer exists. While some provisions relate 
to the Adult Assistance programs that still operate in Guam, Puerto 
Rico, and the Virgin Islands, the statute provides sufficient authority 
for general administrative and procedural operations of these programs 
to be addressed in sub-regulatory guidance. As such, the regulations do 
not need to remain on the books for a program that Congress eliminated. 
There were no comments specifically on this Part. Thus, this final rule 
removes and reserves this Part.

45 CFR part 205 General Administration--Public Assistance Programs

Sec.  205.5 Plan Amendments
    This Section was established for the AFDC Program which was in 
effect from 1935 to 1996. However, this program was replaced during the 
welfare reform era of the 1990s with many of AFDC's former 
responsibilities now falling under the TANF program following its 
creation in 1996. AFDC no longer exists. While some provisions relate 
to the Adult Assistance programs that still operate in Guam, Puerto 
Rico, and the Virgin Islands, the statute provides sufficient authority 
for general administrative and procedural operations of these programs 
to be addressed in sub-regulatory guidance. As such, the regulations do 
not need to remain on the books for a program that Congress eliminated. 
There were no comments specifically on this Section. Thus, this final 
rule removes and reserves this Section.
Sec.  205.10 Hearings
    This Section was established for the AFDC Program which was in 
effect from 1935 to 1996. However, this program was replaced during the 
welfare reform era of the 1990s with many of AFDC's former 
responsibilities now falling under the TANF program following its 
creation in 1996. AFDC no longer exists. While some provisions relate 
to the Adult Assistance programs that still operate in Guam, Puerto 
Rico, and the Virgin Islands, the statute provides sufficient authority 
for general administrative and procedural operations of these programs 
to be addressed in sub-regulatory guidance. As such, the regulations do 
not need to remain on the books for a program that Congress eliminated. 
There were two comments specifically on this Section. This final rule 
removes and reserves this Section.
    Comment: A commenter was concerned that this Section should not be 
removed because it outlines detailed hearing requirements for public 
assistance programs. They are concerned that the NPRM did not identify 
another authority that provides a framework to address these hearing 
and administrative review procedures and request further clarity on how 
disputes concerning benefits and eligibility will continue to be 
resolved.
    Response: The Department appreciates the commenter's concern 
regarding the continued availability of fair hearing and administrative 
review procedures. Section 205.10 was promulgated in connection with 
the former AFDC program, which was replaced by the TANF program under 
PRWORA. Section 205.10 governed the administration of the former AFDC 
program and is no longer mandatory now that PRWORA has been replaced by 
TANF. Removing this regulation does not alter any applicable statutory 
or constitutional requirements governing the administration of public 
assistance programs. This rulemaking is limited to removing redundant 
or obsolete regulations and does not establish or modify hearing 
procedures for TANF or other programs. Although certain states still 
cite the 205.10 hearing procedures for TANF appeals, they can continue 
to use the same procedures even without the regulation in place. 
Accordingly, the Department is finalizing the removal and reservation 
of Sec.  205.10 as proposed.
    Comment: A commenter was concerned that this Section should not be 
removed as it explains the AFDC hearing requirement when there is no 
equivalent right set out under TANF. The commenter urged HHS to not 
repeal this Section, but rather to promulgate new regulations that 
would apply to the TANF program as they insist that as TANF is a 
federal program, there ought to be a floor for a fair hearing process 
to ensure the constitutional right to due process.
    Response: The Department appreciates the commenter's recommendation 
that it promulgate hearing regulations applicable to the TANF program. 
This rulemaking, however, is limited to removing redundant or obsolete 
regulations and is

[[Page 48273]]

not intended to establish new regulatory requirements for TANF. Section 
205.10 governed the former AFDC program and is obsolete following the 
replacement of AFDC by TANF under PRWORA. Accordingly, the Department 
is finalizing the removal and reservation of Sec.  205.10 as proposed.
Sec.  205.25 Eligibility of Supplemental Security Income Beneficiaries 
for Food Stamps or Surplus Commodities
    This Section was established for the AFDC Program which was in 
effect from 1935 to 1996. However, this program was replaced during the 
welfare reform era of the 1990s with many of AFDC's former 
responsibilities now falling under the TANF program following its 
creation in 1996. AFDC no longer exists. While some provisions relate 
to the Adult Assistance programs that still operate in Guam, Puerto 
Rico, and the Virgin Islands, the statute provides sufficient authority 
for general administrative and procedural operations of these programs 
to be addressed in sub-regulatory guidance. As such, the regulations do 
not need to remain on the books for a program that Congress eliminated. 
There were no comments specifically on this Section. Thus, this final 
rule removes and reserves this Section.
Sec.  205.30 Methods of Administration
    This Section was established for the AFDC Program which was in 
effect from 1935 to 1996. However, this program was replaced during the 
welfare reform era of the 1990s with many of AFDC's former 
responsibilities now falling under the TANF program following its 
creation in 1996. AFDC no longer exists. While some provisions relate 
to the Adult Assistance programs that still operate in Guam, Puerto 
Rico, and the Virgin Islands, the statute provides sufficient authority 
for general administrative and procedural operations of these programs 
to be addressed in sub-regulatory guidance. As such, the regulations do 
not need to remain on the books for a program that Congress eliminated. 
There were no comments specifically on this Section. Thus, this final 
rule removes and reserves this Section.
Sec.  205.32 Procedures for Issuance of Replacement Checks
    This Section was established for the AFDC Program which was in 
effect from 1935 to 1996. However, this program was replaced during the 
welfare reform era of the 1990s with many of AFDC's former 
responsibilities now falling under the TANF program following its 
creation in 1996. AFDC no longer exists. There were no comments 
specifically on this Section. Thus, this final rule removes and 
reserves this Section.
Sec.  205.35 Mechanized Claims Processing and Information Retrieval 
Systems; Definitions
    This Section was established for the AFDC Program which was in 
effect from 1935 to 1996. However, this program was replaced during the 
welfare reform era of the 1990s with many of AFDC's former 
responsibilities now falling under the TANF program following its 
creation in 1996. AFDC no longer exists. As such, the regulations do 
not need to remain on the books for a program that Congress eliminated. 
There were no comments specifically on this Section. Thus, this final 
rule removes and reserves this Section.
Sec.  205.36 State Plan Requirements
    This Section was established for the AFDC Program which was in 
effect from 1935 to 1996. However, this program was replaced during the 
welfare reform era of the 1990s with many of AFDC's former 
responsibilities now falling under the TANF program following its 
creation in 1996. AFDC no longer exists. As such, the regulations do 
not need to remain on the books for a program that Congress eliminated. 
There was one comment specifically on this Section. This final rule 
removes and reserves this Section.
    Comment: A commenter stated that this Section established a 
mechanism through which States documented program operations and 
administrative changes. Their concern was that the NPRM did not 
identify whether existing TANF regulations would provide similar 
documentation regarding the administration of the program for 
advocates, administrators, beneficiaries, and future policymakers.
    Response: The Department appreciates the commenter's concern 
regarding documentation of State program operations and administrative 
changes. Section 205.36 established State plan requirements for the 
former AFDC program and is obsolete following the replacement of AFDC 
by the TANF program under PRWORA. The documentation requirements 
applicable to the TANF program are established by section 402(a) of the 
Social Security Act. Accordingly, the Department is finalizing the 
removal and reservation of Sec.  205.36 as proposed.
Sec.  205.37 Responsibilities of the Administration for Children and 
Families (ACF)
    This Section was established for the AFDC Program which was in 
effect from 1935 to 1996. However, this program was replaced during the 
welfare reform era of the 1990s with many of AFDC's former 
responsibilities now falling under the TANF program following its 
creation in 1996. AFDC no longer exists. As such, the regulations do 
not need to remain on the books for a program that Congress eliminated. 
There were no comments specifically on this Section. Thus, this final 
rule removes and reserves this Section.
Sec.  205.38 Federal Financial Participation (FFP) for Establishing a 
Statewide Mechanized System
    This Section was established for the AFDC Program which was in 
effect from 1935 to 1996. However, this program was replaced during the 
welfare reform era of the 1990s with many of AFDC's former 
responsibilities now falling under the TANF program following its 
creation in 1996. AFDC no longer exists. As such, the regulations do 
not need to remain on the books for a program that Congress eliminated. 
There were no comments specifically on this Section. Thus, this final 
rule removes and reserves this Section.
Sec.  205.45 Federal Financial Participation in Relation to State 
Emergency Welfare Preparedness
    This Section was established for the AFDC Program which was in 
effect from 1935 to 1996. However, this program was replaced during the 
welfare reform era of the 1990s with many of AFDC's former 
responsibilities now falling under the TANF program following its 
creation in 1996. AFDC no longer exists. While some provisions relate 
to the Adult Assistance programs that still operate in Guam, Puerto 
Rico, and the Virgin Islands, the statute provides sufficient authority 
for general administrative and procedural operations of these programs 
to be addressed in sub-regulatory guidance. As such, the regulations do 
not need to remain on the books for a program that Congress eliminated. 
There were no comments specifically on this Section. Thus, this final 
rule removes and reserves this Section.
Sec.  205.70 Availability of Agency Program Manuals
    This Section was established for the AFDC Program which was in 
effect from 1935 to 1996. However, this program was replaced during the 
welfare reform era of the 1990s with many of AFDC's former 
responsibilities now falling under the TANF program following its 
creation in 1996. AFDC no longer exists. While some provisions relate 
to the Adult Assistance programs that still

[[Page 48274]]

operate in Guam, Puerto Rico, and the Virgin Islands, the statute 
provides sufficient authority for general administrative and procedural 
operations of these programs to be addressed in sub-regulatory 
guidance. As such, the regulations do not need to remain on the books 
for a program that Congress eliminated. There were no comments 
specifically on this Section. Thus, this final rule removes and 
reserves this Section.
Sec.  205.100 Single State Agency
    This Section was established for the AFDC Program which was in 
effect from 1935 to 1996. However, this program was replaced during the 
welfare reform era of the 1990s with many of AFDC's former 
responsibilities now falling under the TANF program following its 
creation in 1996. AFDC no longer exists. While some provisions relate 
to the Adult Assistance programs that still operate in Guam, Puerto 
Rico, and the Virgin Islands, the statute provides sufficient authority 
for general administrative and procedural operations of these programs 
to be addressed in sub-regulatory guidance. As such, the regulations do 
not need to remain on the books for a program that Congress eliminated. 
There was one comment specifically on this Section. This final rule 
removes and reserves this Section.
    Comment: A commenter stated that they believe TANF should keep a 
requirement to have a single State agency operating under a State plan 
with statewide operations. The commenter feared that without this 
requirement, federal review and enforcement would be severely hindered 
and complicated.
    Response: The Department appreciates the commenter's concern 
regarding the administration and oversight of State TANF programs. 
Section 205.100 established a single State agency requirement for the 
former AFDC program and is obsolete following the replacement of AFDC 
by the TANF program under PRWORA. For TANF, section 402(a)(4) of the 
Social Security Act requires a certification by the chief executive 
officer of the State identifying the State agency or agencies that will 
administer and supervise the program. Accordingly, the Department is 
finalizing the removal and reservation of Sec.  205.100 as proposed.
Sec.  205.101 Organization for Administration
    This Section was established for the AFDC Program which was in 
effect from 1935 to 1996. However, this program was replaced during the 
welfare reform era of the 1990s with many of AFDC's former 
responsibilities now falling under the TANF program following its 
creation in 1996. AFDC no longer exists. While some provisions relate 
to the Adult Assistance programs that still operate in Guam, Puerto 
Rico, and the Virgin Islands, the statute provides sufficient authority 
for general administrative and procedural operations of these programs 
to be addressed in sub-regulatory guidance. As such, the regulations do 
not need to remain on the books for a program that Congress eliminated. 
There was one comment specifically on this Section. This final rule 
removes and reserves this Section.
    Comment: A commenter stated that they believe TANF should keep a 
requirement to have a single State agency operating under a State plan 
with statewide operations. The commenter feared that without this 
requirement, federal review and enforcement would be severely hindered 
and complicated.
    Response: Response: The Department appreciates the commenter's 
concern regarding the organization and oversight of State TANF program 
administration. Section 205.101 established organizational requirements 
for the administration of the former AFDC program and is obsolete 
following the replacement of AFDC by the TANF program under PRWORA. For 
TANF, section 402(a)(4) of the Social Security Act requires a 
certification by the chief executive officer of the State identifying 
the State agency or agencies that will administer and supervise the 
program. Accordingly, the Department is finalizing the removal and 
reservation of Sec.  205.101 as proposed.
Sec.  205.120 Statewide Operation
    This Section was established for the AFDC Program which was in 
effect from 1935 to 1996. However, this program was replaced during the 
welfare reform era of the 1990s with many of AFDC's former 
responsibilities now falling under the TANF program following its 
creation in 1996. AFDC no longer exists. While some provisions relate 
to the Adult Assistance programs that still operate in Guam, Puerto 
Rico, and the Virgin Islands, the statute provides sufficient authority 
for general administrative and procedural operations of these programs 
to be addressed in sub-regulatory guidance. As such, the regulations do 
not need to remain on the books for a program that Congress eliminated. 
There was one comment specifically on this Section. This final rule 
removes and reserves this Section.
    Comment: A commenter stated that they believe TANF should keep a 
requirement to have a single State agency operating under a State plan 
with statewide operations. The commenter feared that without this 
requirement, federal review and enforcement would be severely hindered 
and complicated.
    Response: The Department appreciates the commenter's concern 
regarding the administration and oversight of State TANF programs. 
Section 205.120 established a statewide operation requirement for the 
former AFDC program and is obsolete following the replacement of AFDC 
by the TANF program under PRWORA. For TANF, section 402(a)(4) of the 
Social Security Act requires a certification by the chief executive 
officer of the State identifying the State agency or agencies that will 
administer and supervise the program. Accordingly, the Department is 
finalizing the removal and reservation of Sec.  205.120 as proposed.
Sec.  205.130 State Financial Participation
    This Section was established for the AFDC Program which was in 
effect from 1935 to 1996. However, this program was replaced during the 
welfare reform era of the 1990s with many of AFDC's former 
responsibilities now falling under the TANF program following its 
creation in 1996. AFDC no longer exists. While some provisions relate 
to the Adult Assistance programs that still operate in Guam, Puerto 
Rico, and the Virgin Islands, the statute provides sufficient authority 
for general administrative and procedural operations of these programs 
to be addressed in sub-regulatory guidance. As such, the regulations do 
not need to remain on the books for a program that Congress eliminated. 
There were no comments specifically on this Section. Thus, this final 
rule removes and reserves this Section.
Sec.  205.150 Cost Allocation
    This Section was established for the AFDC Program which was in 
effect from 1935 to 1996. However, this program was replaced during the 
welfare reform era of the 1990s with many of AFDC's former 
responsibilities now falling under the TANF program following its 
creation in 1996. AFDC no longer exists. While some provisions relate 
to the Adult Assistance programs that still operate in Guam, Puerto 
Rico, and the Virgin Islands, the statute provides sufficient authority 
for general administrative and procedural operations of these programs 
to be addressed in sub-regulatory guidance. As such, the regulations do 
not need to

[[Page 48275]]

remain on the books for a program that Congress eliminated. There were 
no comments specifically on this Section. Thus, this final rule removes 
and reserves this Section.
Sec.  205.160 Equipment--Federal Financial Participation
    This Section was established for the AFDC Program which was in 
effect from 1935 to 1996. However, this program was replaced during the 
welfare reform era of the 1990s with many of AFDC's former 
responsibilities now falling under the TANF program following its 
creation in 1996. AFDC no longer exists. While some provisions relate 
to the Adult Assistance programs that still operate in Guam, Puerto 
Rico, and the Virgin Islands, the statute provides sufficient authority 
for general administrative and procedural operations of these programs 
to be addressed in sub-regulatory guidance. As such, the regulations do 
not need to remain on the books for a program that Congress eliminated. 
There were no comments specifically on this Section. Thus, this final 
rule removes and reserves this Section.
Sec.  205.170 State Standards for Office Space, Equipment, and 
Facilities
    This Section was established for the AFDC Program which was in 
effect from 1935 to 1996. However, this program was replaced during the 
welfare reform era of the 1990s with many of AFDC's former 
responsibilities now falling under the TANF program following its 
creation in 1996. AFDC no longer exists. While some provisions relate 
to the Adult Assistance programs that still operate in Guam, Puerto 
Rico, and the Virgin Islands, the statute provides sufficient authority 
for general administrative and procedural operations of these programs 
to be addressed in sub-regulatory guidance. As such, the regulations do 
not need to remain on the books for a program that Congress eliminated. 
There were no comments specifically on this Section. Thus, this final 
rule removes and reserves this Section.
Sec.  205.190 Standard-Setting Authority for Institutions
    This Section was established for the AFDC Program which was in 
effect from 1935 to 1996. However, this program was replaced during the 
welfare reform era of the 1990s with many of AFDC's former 
responsibilities now falling under the TANF program following its 
creation in 1996. AFDC no longer exists. While some provisions relate 
to the Adult Assistance programs that still operate in Guam, Puerto 
Rico, and the Virgin Islands, the statute provides sufficient authority 
for general administrative and procedural operations of these programs 
to be addressed in sub-regulatory guidance. As such, the regulations do 
not need to remain on the books for a program that Congress eliminated. 
There were no comments specifically on this Section. Thus, this final 
rule removes and reserves this Section.

45 CFR Part 225 Training and Use of Subprofessionals and Volunteers

    Part 225, which is inclusive of 45 CFR parts 225.1, 225.2, and 
225.3, was established for the AFDC Program which was in effect from 
1935 to 1996. However, this program was replaced during the welfare 
reform era of the 1990s with many of AFDC's former responsibilities now 
falling under the TANF program following its creation in 1996. AFDC no 
longer exists. As such, the regulations do not need to remain on the 
books for a program that Congress eliminated. There were no comments 
specifically on this Part. Thus, this final rule removes and reserves 
this Part.

45 CFR Part 233 Coverage and Conditions of Eligibility in Financial 
Assistance Programs

Sec.  233.21 Budgeting Methods for OAA, AB, APTD, and AABD
    This Section was established for the AFDC Program which was in 
effect from 1935 to 1996. However, this program was replaced during the 
welfare reform era of the 1990s with many of AFDC's former 
responsibilities now falling under the TANF program following its 
creation in 1996. AFDC no longer exists. As such, the regulations do 
not need to remain on the books for a program that Congress eliminated. 
There were no comments specifically on this Section. Thus, this final 
rule removes and reserves this Section.
Sec.  233.22 Determining Eligibility Under Prospective Budgeting
    This Section was established for the AFDC Program which was in 
effect from 1935 to 1996. However, this program was replaced during the 
welfare reform era of the 1990s with many of AFDC's former 
responsibilities now falling under the TANF program following its 
creation in 1996. AFDC no longer exists. As such, the regulations do 
not need to remain on the books for a program that Congress eliminated. 
There were no comments specifically on this Section. Thus, this final 
rule removes and reserves this Section.
Sec.  233.23 When Assistance Shall Be Paid Under Retrospective 
Budgeting
    This Section was established for the AFDC Program which was in 
effect from 1935 to 1996. However, this program was replaced during the 
welfare reform era of the 1990s with many of AFDC's former 
responsibilities now falling under the TANF program following its 
creation in 1996. AFDC no longer exists. As such, the regulations do 
not need to remain on the books for a program that Congress eliminated. 
There were no comments specifically on this Section. Thus, this final 
rule removes and reserves this Section.
Sec.  233.24 Retrospective Budgeting; Determining Eligibility and 
Computing the Assistance Payment in the Initial One or Two Months
    This Section was established for the AFDC Program which was in 
effect from 1935 to 1996. However, this program was replaced during the 
welfare reform era of the 1990s with many of AFDC's former 
responsibilities now falling under the TANF program following its 
creation in 1996. AFDC no longer exists. As such, the regulations do 
not need to remain on the books for a program that Congress eliminated. 
There were no comments specifically on this Section. Thus, this final 
rule removes and reserves this Section.
Sec.  233.25 Retrospective Budgeting; Computing the Assistance Payment 
After the Initial One or Two Months
    This Section was established for the AFDC Program which was in 
effect from 1935 to 1996. However, this program was replaced during the 
welfare reform era of the 1990s with many of AFDC's former 
responsibilities now falling under the TANF program following its 
creation in 1996. AFDC no longer exists. As such, the regulations do 
not need to remain on the books for a program that Congress eliminated. 
There were no comments specifically on this Section. Thus, this final 
rule removes and reserves this Section.
Sec.  233.26 Retrospective Budgeting; Determining the Eligibility After 
the Initial One or Two Months
    This Section was established for the AFDC Program which was in 
effect from 1935 to 1996. However, this program was replaced during the 
welfare reform era of the 1990s with many of AFDC's former 
responsibilities now falling under the TANF program following its 
creation in 1996. AFDC no longer exists. As such, the regulations do 
not need to remain on the books for a program that Congress eliminated. 
There were no comments specifically on this Section.

[[Page 48276]]

Thus, this final rule removes and reserves this Section.
Sec.  233.27 Supplemental Payments Under Retrospective Budgeting
    This Section was established for the AFDC Program which was in 
effect from 1935 to 1996. However, this program was replaced during the 
welfare reform era of the 1990s with many of AFDC's former 
responsibilities now falling under the TANF program following its 
creation in 1996. AFDC no longer exists. As such, the regulations do 
not need to remain on the books for a program that Congress eliminated. 
There were no comments specifically on this Section. Thus, this final 
rule removes and reserves this Section.
Sec.  233.28 Monthly Reporting
    This Section was established for the AFDC Program which was in 
effect from 1935 to 1996. However, this program was replaced during the 
welfare reform era of the 1990s with many of AFDC's former 
responsibilities now falling under the TANF program following its 
creation in 1996. AFDC no longer exists. As such, the regulations do 
not need to remain on the books for a program that Congress eliminated. 
There were no comments specifically on this Section. Thus, this final 
rule removes and reserves this Section.
Sec.  233.29 How Monthly Reports Are Treated and What Notices Are 
Required
    This Section was established for the AFDC Program which was in 
effect from 1935 to 1996. However, this program was replaced during the 
welfare reform era of the 1990s with many of AFDC's former 
responsibilities now falling under the TANF program following its 
creation in 1996. AFDC no longer exists. As such, the regulations do 
not need to remain on the books for a program that Congress eliminated. 
There were no comments specifically on this Section. Thus, this final 
rule removes and reserves this Section.
Sec.  233.31 Budgeting Methods for AFDC
    This Section was established for the AFDC Program which was in 
effect from 1935 to 1996. However, this program was replaced during the 
welfare reform era of the 1990s with many of AFDC's former 
responsibilities now falling under the TANF program following its 
creation in 1996. AFDC no longer exists. As such, the regulations do 
not need to remain on the books for a program that Congress eliminated. 
There were no comments specifically on this Section. Thus, this final 
rule removes and reserves this Section.
Sec.  233.32 Payment and Budget Months (AFDC)
    This Section was established for the AFDC Program which was in 
effect from 1935 to 1996. However, this program was replaced during the 
welfare reform era of the 1990s with many of AFDC's former 
responsibilities now falling under the TANF program following its 
creation in 1996. AFDC no longer exists. As such, the regulations do 
not need to remain on the books for a program that Congress eliminated. 
There were no comments specifically on this Section. Thus, this final 
rule removes and reserves this Section.
Sec.  233.33 Determining Eligibility Prospectively for All Payment 
Months (AFDC)
    This Section was established for the AFDC Program which was in 
effect from 1935 to 1996. However, this program was replaced during the 
welfare reform era of the 1990s with many of AFDC's former 
responsibilities now falling under the TANF program following its 
creation in 1996. AFDC no longer exists. As such, the regulations do 
not need to remain on the books for a program that Congress eliminated. 
There were no comments specifically on this Section. Thus, this final 
rule removes and reserves this Section.
Sec.  233.34 Computing the Assistance Payment in the Initial One or Two 
Months (AFDC)
    This Section was established for the AFDC Program which was in 
effect from 1935 to 1996. However, this program was replaced during the 
welfare reform era of the 1990s with many of AFDC's former 
responsibilities now falling under the TANF program following its 
creation in 1996. AFDC no longer exists. As such, the regulations do 
not need to remain on the books for a program that Congress eliminated. 
There were no comments specifically on this Section. Thus, this final 
rule removes and reserves this Section.
Sec.  233.35 Computing the Assistance Payment Under Retrospective 
Budgeting After the Initial One or Two Months (AFDC)
    This Section was established for the AFDC Program which was in 
effect from 1935 to 1996. However, this program was replaced during the 
welfare reform era of the 1990s with many of AFDC's former 
responsibilities now falling under the TANF program following its 
creation in 1996. AFDC no longer exists. As such, the regulations do 
not need to remain on the books for a program that Congress eliminated. 
There were no comments specifically on this Section. Thus, this final 
rule removes and reserves this Section.
Sec.  233.36 Monthly Reporting (AFDC)
    This Section was established for the AFDC Program which was in 
effect from 1935 to 1996. However, this program was replaced during the 
welfare reform era of the 1990s with many of AFDC's former 
responsibilities now falling under the TANF program following its 
creation in 1996. AFDC no longer exists. As such, the regulations do 
not need to remain on the books for a program that Congress eliminated. 
There were no comments specifically on this Section. Thus, this final 
rule removes and reserves this Section.
Sec.  233.37 How Monthly Reports Are Treated and What Notices Are 
Required (AFDC)
    This Section was established for the AFDC Program which was in 
effect from 1935 to 1996. However, this program was replaced during the 
welfare reform era of the 1990s with many of AFDC's former 
responsibilities now falling under the TANF program following its 
creation in 1996. AFDC no longer exists. As such, the regulations do 
not need to remain on the books for a program that Congress eliminated. 
There were no comments specifically on this Section. Thus, this final 
rule removes and reserves this Section.
Sec.  233.38 Waiver of Monthly Reporting and Retrospective Budgeting 
Requirements; AFDC
    This Section was established for the AFDC Program which was in 
effect from 1935 to 1996. However, this program was replaced during the 
welfare reform era of the 1990s with many of AFDC's former 
responsibilities now falling under the TANF program following its 
creation in 1996. AFDC no longer exists. As such, the regulations do 
not need to remain on the books for a program that Congress eliminated. 
There were no comments specifically on this Section. Thus, this final 
rule removes and reserves this Section.
Sec.  233.39 Age
    This Section was established for the AFDC Program which was in 
effect from 1935 to 1996. However, this program was replaced during the 
welfare reform era of the 1990s with many of AFDC's former 
responsibilities now falling under the TANF program following its 
creation in 1996. AFDC no longer exists. As such, the regulations do 
not need to remain on the books for a program that Congress eliminated. 
There were no comments specifically on this Section.

[[Page 48277]]

Thus, this final rule removes and reserves this Section.
Sec.  233.40 Residence
    This Section was established for the AFDC Program which was in 
effect from 1935 to 1996. However, this program was replaced during the 
welfare reform era of the 1990s with many of AFDC's former 
responsibilities now falling under the TANF program following its 
creation in 1996. AFDC no longer exists. As such, the regulations do 
not need to remain on the books for a program that Congress eliminated. 
There were no comments specifically on this Section. Thus, this final 
rule removes and reserves this Section.
Sec.  233.50 Citizenship and Alienage
    This Section was established for the AFDC Program which was in 
effect from 1935 to 1996. However, this program was replaced during the 
welfare reform era of the 1990s with many of AFDC's former 
responsibilities now falling under the TANF program following its 
creation in 1996. AFDC no longer exists. As such, the regulations do 
not need to remain on the books for a program that Congress eliminated. 
There were no comments specifically on this Section. Thus, this final 
rule removes and reserves this Section.
Sec.  233.51 Eligibility of Sponsored Aliens
    This Section was established for the AFDC Program which was in 
effect from 1935 to 1996. However, this program was replaced during the 
welfare reform era of the 1990s with many of AFDC's former 
responsibilities now falling under the TANF program following its 
creation in 1996. AFDC no longer exists. As such, the regulations do 
not need to remain on the books for a program that Congress eliminated. 
There were no comments specifically on this Section. Thus, this final 
rule removes and reserves this Section.
Sec.  233.52 Overpayment to Aliens
    This Section was established for the AFDC Program which was in 
effect from 1935 to 1996. However, this program was replaced during the 
welfare reform era of the 1990s with many of AFDC's former 
responsibilities now falling under the TANF program following its 
creation in 1996. AFDC no longer exists. As such, the regulations do 
not need to remain on the books for a program that Congress eliminated. 
There were no comments specifically on this Section. Thus, this final 
rule removes and reserves this Section.
Sec.  233.53 Support and Maintenance Assistance (Including Home Energy 
Assistance) in AFDC
    This Section was established for the AFDC Program which was in 
effect from 1935 to 1996. However, this program was replaced during the 
welfare reform era of the 1990s with many of AFDC's former 
responsibilities now falling under the TANF program following its 
creation in 1996. AFDC no longer exists. As such, the regulations do 
not need to remain on the books for a program that Congress eliminated. 
There were no comments specifically on this Section. Thus, this final 
rule removes and reserves this Section.
Sec.  233.60 Institutional Status
    This Section was established for the AFDC Program which was in 
effect from 1935 to 1996. However, this program was replaced during the 
welfare reform era of the 1990s with many of AFDC's former 
responsibilities now falling under the TANF program following its 
creation in 1996. AFDC no longer exists. As such, the regulations do 
not need to remain on the books for a program that Congress eliminated. 
There were no comments specifically on this Section. Thus, this final 
rule removes and reserves this Section.
Sec.  233.70 Blindness
    This Section was established for the AFDC Program which was in 
effect from 1935 to 1996. However, this program was replaced during the 
welfare reform era of the 1990s with many of AFDC's former 
responsibilities now falling under the TANF program following its 
creation in 1996. AFDC no longer exists. As such, the regulations do 
not need to remain on the books for a program that Congress eliminated. 
There were no comments specifically on this Section. Thus, this final 
rule removes and reserves this Section.
Sec.  233.80 Disability
    This Section was established for the AFDC Program which was in 
effect from 1935 to 1996. However, this program was replaced during the 
welfare reform era of the 1990s with many of AFDC's former 
responsibilities now falling under the TANF program following its 
creation in 1996. AFDC no longer exists. As such, the regulations do 
not need to remain on the books for a program that Congress eliminated. 
There were no comments specifically on this Section. Thus, this final 
rule removes and reserves this Section.
Sec.  233.100 Dependent Children of Unemployed Parents
    This Section was established for the AFDC Program which was in 
effect from 1935 to 1996. However, this program was replaced during the 
welfare reform era of the 1990s with many of AFDC's former 
responsibilities now falling under the TANF program following its 
creation in 1996. AFDC no longer exists. As such, the regulations do 
not need to remain on the books for a program that Congress eliminated. 
There were no comments specifically on this Section. Thus, this final 
rule removes and reserves this Section.
Sec.  233.101 Dependent Children of Unemployed Parents
    This Section was established for the AFDC Program which was in 
effect from 1935 to 1996. However, this program was replaced during the 
welfare reform era of the 1990s with many of AFDC's former 
responsibilities now falling under the TANF program following its 
creation in 1996. AFDC no longer exists. As such, the regulations do 
not need to remain on the books for a program that Congress eliminated. 
There were no comments specifically on this Section. Thus, this final 
rule removes and reserves this Section.
Sec.  233.106 Denial of AFDC Benefits to Strikers
    This Section was established for the AFDC Program which was in 
effect from 1935 to 1996. However, this program was replaced during the 
welfare reform era of the 1990s with many of AFDC's former 
responsibilities now falling under the TANF program following its 
creation in 1996. AFDC no longer exists. As such, the regulations do 
not need to remain on the books for a program that Congress eliminated. 
There were no comments specifically on this Section. Thus, this final 
rule removes and reserves this Section.
Sec.  233.107 Restriction in Payment to Households Headed by a Minor 
Parent
    This Section was established for the AFDC Program which was in 
effect from 1935 to 1996. However, this program was replaced during the 
welfare reform era of the 1990s with many of AFDC's former 
responsibilities now falling under the TANF program following its 
creation in 1996. AFDC no longer exists. As such, the regulations do 
not need to remain on the books for a program that Congress eliminated. 
There were no comments specifically on this Section. Thus, this final 
rule removes and reserves this Section.

[[Page 48278]]

Sec.  233.110 Foster Care Maintenance and Adoption Assistance
    This Section was established for the AFDC Program which was in 
effect from 1935 to 1996. However, this program was replaced during the 
welfare reform era of the 1990s with many of AFDC's former 
responsibilities now falling under the TANF program following its 
creation in 1996. AFDC no longer exists. As such, the regulations do 
not need to remain on the books for a program that Congress eliminated. 
There were no comments specifically on this Section. Thus, this final 
rule removes and reserves this Section.
Sec.  233.145 Expiration of Medical Assistance Programs Under Titles I, 
IV-A, X, XIV, and XVI of the Social Security Act
    This Section was established for the AFDC Program which was in 
effect from 1935 to 1996. However, this program was replaced during the 
welfare reform era of the 1990s with many of AFDC's former 
responsibilities now falling under the TANF program following its 
creation in 1996. AFDC no longer exists. As such, the regulations do 
not need to remain on the books for a program that Congress eliminated. 
There were no comments specifically on this Section. Thus, this final 
rule removes and reserves this Section.

45 CFR Part 234 Financial Assistance to Individuals

    Part 234, which is inclusive of 45 CFR parts 234.11, 234.60, 
234.70, 234.75, 234.120, and 234.130, was established for the AFDC 
Program which was in effect from 1935 to 1996. However, this program 
was replaced during the welfare reform era of the 1990s with many of 
AFDC's former responsibilities now falling under the TANF program 
following its creation in 1996. AFDC no longer exists. As such, the 
regulations do not need to remain on the books for a program that 
Congress eliminated. While some provisions relate to the Adult 
Assistance programs that still operate in Guam, Puerto Rico, and the 
Virgin Islands, the statute provides sufficient authority for general 
administrative and procedural operations of these programs to be 
addressed in sub-regulatory guidance. There were no comments 
specifically on this Part. Thus, this final rule removes and reserves 
this Part.

45 CFR Part 235 Administration of Financial Assistance Programs

    Part 235, which is inclusive of 45 CFR parts 235.50, 235.60, 
235.61, 235.62, 235.63, 235.64, 235.65, 235.66, 235.70, and 235.110, 
was established for the AFDC Program which was in effect from 1935 to 
1996. However, this program was replaced during the welfare reform era 
of the 1990s with many of AFDC's former responsibilities now falling 
under the TANF program following its creation in 1996. AFDC no longer 
exists. As such, the regulations do not need to remain on the books for 
a program that Congress eliminated. While some provisions relate to the 
Adult Assistance programs that still operate in Guam, Puerto Rico, and 
the Virgin Islands, the statute provides sufficient authority for 
general administrative and procedural operations of these programs to 
be addressed in sub-regulatory guidance. There was one comment 
specifically on one Section within this Part: Section 235.50. This 
final rule removes and reserves this Part.
    Comment: A commenter was concerned that the removal of Section 
235.50 within this Part would eliminate the requirement that TANF staff 
meet the requirements of the Merit System of Personnel Administration 
under 5 CFR part 900, subpart F. The commenter stated that without 
Section 235.50 there would be no standards to ensure quality staff, 
equitable compensation, training, or freedom from partisan politics.
    Response: The Department appreciates the commenter's concern 
regarding personnel standards for the administration of public 
assistance programs. Section 235.50 was promulgated in connection with 
the former AFDC program and is obsolete following the replacement of 
AFDC by the TANF program under PRWORA. Removing this obsolete AFDC 
regulation does not alter any otherwise applicable Federal personnel or 
merit system requirements. This rulemaking is limited to removing 
obsolete regulations and does not establish or modify personnel 
standards applicable to TANF programs. Accordingly, the Department is 
finalizing the removal and reservation of Part 235, including Sec.  
235.50, as proposed.

45 CFR Part 237 Financial Administration of Financial Assistance 
Programs

    Part 237, which is only inclusive of 45 CFR part 237.50, was 
established for the AFDC Program which was in effect from 1935 to 1996. 
However, this program was replaced during the welfare reform era of the 
1990s with many of AFDC's former responsibilities now falling under the 
TANF program following its creation in 1996. AFDC no longer exists. As 
such, the regulations do not need to remain on the books for a program 
that Congress eliminated. While some provisions relate to the Adult 
Assistance programs that still operate in Guam, Puerto Rico, and the 
Virgin Islands, the statute provides sufficient authority for general 
administrative and procedural operations of these programs to be 
addressed in sub-regulatory guidance. There were no comments 
specifically on this Part. Thus, this final rule removes and reserves 
this Part.

45 CFR Part 260 General TANF Provisions

Subpart A--What rules generally apply to the TANF program?
Sec.  260.10 What does this part cover?
    This Section does not provide any additional clarity, 
interpretation, or additional requirements. The removal of this Section 
will not affect program operations as the scope and authority for TANF 
are adequately defined elsewhere in the regulatory framework. There 
were no comments specifically on this Section. Thus, this final rule 
removes and reserves this Section.
Sec.  260.32 What does the term ``WtW cash assistance'' mean?
    This Section defines the term ``WtW cash assistance.'' This Section 
relates to the WtW program which has been unfunded since 2004, and 
therefore inactive for over 20 years. As this Part refers to an 
inactive program, the removal of this Part will not affect the 
operations for the TANF program. There were no comments specifically on 
this Section. Thus, this final rule removes and reserves this Section.
Subpart B--What special provisions apply to victims of domestic 
violence?
Sec.  260.50 What is the purpose of this subpart?
    This Section merely restates statutory language without adding any 
clarity, interpretation, or additional requirements not already found 
in statute. As the language is already found at 42 U.S.C. 602(a)(7), 
the removal of this Section will not affect program operations for 
TANF. There was one comment specifically on this Section. This final 
rule removes and reserves this Section.
    Comment: A commenter stated their opposition to the removal of this 
Section as they assert that removing this Section will inject ambiguity 
into a framework that protects survivors of domestic violence. The 
commenter recommended that if HHS were to remove this Section that the 
final rule should expressly affirm that the Family Violence Option 
(VFO) and the associated penalty relief framework in Sections 260.58 
and 260.59 remain fully

[[Page 48279]]

in effect and that no substantive changes to survivor protections are 
intended.
    Response: The Department appreciates the commenter's concern 
regarding the continued protection of survivors of domestic violence 
under the TANF program. The Department did not intend to, and this 
final rule does not, make any substantive changes to those protections. 
Section 260.50 merely restates statutory language found at 42 U.S.C. 
602(a)(7) and does not impose requirements beyond those established by 
statute. Accordingly, while Sec.  260.50 is removed as duplicative of 
the statute, the VFO established by statute, as well as the 
implementing provisions in Sec. Sec.  260.58 and 260.59, remain in 
effect. Accordingly, the Department is finalizing the removal and 
reservation of Sec.  260.50 as proposed.
Sec.  260.52 What are the basic provisions of the Family Violence 
Option (FVO)?
    This Section merely restates statutory language without adding any 
clarity, interpretation, or additional requirements not already found 
in statute. As the language is already found at 42 U.S.C. 602(a)(7)(A), 
the removal of this Section will not affect program operations for 
TANF. There was one comment specifically on this Section. This final 
rule removes and reserves this Section.
    Comment: A commenter stated their opposition to the removal of this 
Section as they assert that removing this Section will inject ambiguity 
into a framework that protects survivors of domestic violence. The 
commenter recommended that if HHS were to remove this Section that the 
final rule should expressly affirm that the Family Violence Option 
(VFO) and the associated penalty relief framework in Sections 260.58 
and 260.59 remain fully in effect and that no substantive changes to 
survivor protections are intended.
    Response: The Department appreciates the commenter's concern 
regarding the continued protection of survivors of domestic violence 
under the TANF program. The Department did not intend to, and this 
final rule does not, make any substantive changes to those protections. 
Section 260.52 merely restates statutory language found at 42 U.S.C. 
602(a)(7)(A) and does not impose requirements beyond those established 
by statute. Accordingly, while Sec.  260.52 is removed as duplicative 
of the statute, the FVO established by statute, as well as the 
implementing provisions in Sec. Sec.  260.58 and 260.59, remain in 
effect. Accordingly, the Department is finalizing the removal and 
reservation of Sec.  260.52 as proposed.
Subpart C--What special provisions apply to states that were operating 
programs under approved waivers?
Sec.  260.70 What is the purpose of this subpart?
    This Section refers to an outdated opportunity for states to 
continue to keep Section 1115 ``welfare reform'' waivers in place as 
described under Section 415 of the Social Security Act so long as the 
waivers were in place on August 22, 1996. This was designed to allow 
for states to maintain their policies as allowed by the waiver, if they 
were inconsistent with the amendments made by PRWORA. However, as all 
of these waivers were for a set period of time, conformity with PRWORA 
was required at the point of expiration. As such, the last state waiver 
expired in 2006, thus making any regulations relating to this process 
obsolete. There were no comments specifically on this Section. Thus, 
this final rule removes and reserves this Section.
Sec.  260.71 What definitions apply to this subpart?
    This Section refers to an outdated opportunity for states to 
continue to keep Section 1115 ``welfare reform'' waivers in place as 
described under Section 415 of the Social Security Act so long as the 
waivers were in place on August 22, 1996. This was designed to allow 
for states to maintain their policies as allowed by the waiver, if they 
were inconsistent with the amendments made by PRWORA. However, as all 
of these waivers were for a set period of time, conformity with PRWORA 
was required at the point of expiration. As such, the last state waiver 
expired in 2006, thus making any regulations relating to this process 
obsolete. There were no comments specifically on this Section. Thus, 
this final rule removes and reserves this Section.
Sec.  260.72 What basic requirements must State demonstration 
components meet for the purpose of determining if inconsistencies exist 
with respect to work requirements or time limits?
    This Section refers to an outdated opportunity for states to 
continue to keep Section 1115 ``welfare reform'' waivers in place as 
described under Section 415 of the Social Security Act so long as the 
waivers were in place on August 22, 1996. This was designed to allow 
for states to maintain their policies as allowed by the waiver, if they 
were inconsistent with the amendments made by PRWORA. However, as all 
of these waivers were for a set period of time, conformity with PRWORA 
was required at the point of expiration. As such, the last state waiver 
expired in 2006, thus making any regulations relating to this process 
obsolete. There were no comments specifically on this Section. Thus, 
this final rule removes and reserves this Section.
Sec.  260.73 How do existing welfare reform waivers affect the 
participation rates and work rules?
    This Section refers to an outdated opportunity for states to 
continue to keep Section 1115 ``welfare reform'' waivers in place as 
described under Section 415 of the Social Security Act so long as the 
waivers were in place on August 22, 1996. This was designed to allow 
for states to maintain their policies as allowed by the waiver, if they 
were inconsistent with the amendments made by PRWORA. However, as all 
of these waivers were for a set period of time, conformity with PRWORA 
was required at the point of expiration. As such, the last state waiver 
expired in 2006, thus making any regulations relating to this process 
obsolete. There were no comments specifically on this Section. Thus, 
this final rule removes and reserves this Section.
Sec.  260.74 How do existing welfare reform waivers affect the 
application of the Federal time-limit provisions?
    This Section refers to an outdated opportunity for states to 
continue to keep Section 1115 ``welfare reform'' waivers in place as 
described under Section 415 of the Social Security Act so long as the 
waivers were in place on August 22, 1996. This was designed to allow 
for states to maintain their policies as allowed by the waiver, if they 
were inconsistent with the amendments made by PRWORA. However, as all 
of these waivers were for a set period of time, conformity with PRWORA 
was required at the point of expiration. As such, the last state waiver 
expired in 2006, thus making any regulations relating to this process 
obsolete. There were no comments specifically on this Section. Thus, 
this final rule removes and reserves this Section.
Sec.  260.75 If a State is claiming a waiver inconsistency for work 
requirements or time limits, what must the Governor certify?
    This Section refers to an outdated opportunity for states to 
continue to keep Section 1115 ``welfare reform'' waivers in place as 
described under Section 415 of the Social Security Act

[[Page 48280]]

so long as the waivers were in place on August 22, 1996. This was 
designed to allow for states to maintain their policies as allowed by 
the waiver, if they were inconsistent with the amendments made by 
PRWORA. However, as all of these waivers were for a set period of time, 
conformity with PRWORA was required at the point of expiration. As 
such, the last state waiver expired in 2006, thus making any 
regulations relating to this process obsolete. There were no comments 
specifically on this Section. Thus, this final rule removes and 
reserves this Section.
Sec.  260.76 What special rules apply to States that are continuing 
evaluations of their waiver demonstrations?
    This Section refers to an outdated opportunity for states to 
continue to keep Section 1115 ``welfare reform'' waivers in place as 
described under Section 415 of the Social Security Act so long as the 
waivers were in place on August 22, 1996. This was designed to allow 
for states to maintain their policies as allowed by the waiver, if they 
were inconsistent with the amendments made by PRWORA. However, as all 
of these waivers were for a set period of time, conformity with PRWORA 
was required at the point of expiration. As such, the last state waiver 
expired in 2006, thus making any regulations relating to this process 
obsolete. There were no comments specifically on this Section. Thus, 
this final rule removes and reserves this Section.

45 CFR Part 261 Ensuring That Recipients Work

Sec.  261.1 What does this part cover?
    This Section merely restates statutory language without adding any 
clarity, interpretation, or additional requirements not already found 
in statute. As the language is already found at 42 U.S.C. 602, the 
removal of this Section will not affect program operations for TANF. 
There were no comments specifically on this Section. Thus, this final 
rule removes and reserves this Section.
Subpart A--What are the provisions addressing individual 
responsibility?
Sec.  261.10 What work requirements must an individual meet?
    This Section merely restates statutory language without adding any 
clarity, interpretation, or additional requirements not already found 
in statute. As the language is already found at 42 U.S.C. 
602(a)(1)(A)(ii) and 42 U.S.C. 602(a)(1)(B)(iv), the removal of this 
Section will not affect program operations for TANF. There were no 
comments specifically on this Section. Thus, this final rule removes 
and reserves this Section.
Sec.  261.11 Which recipients must have an assessment under TANF?
    This Section merely restates statutory language without adding any 
clarity, interpretation, or additional requirements not already found 
in statute. As the language is already found at 42 U.S.C. 608(b), the 
removal of this Section will not affect program operations for TANF. 
There were no comments specifically on this Section. Thus, this final 
rule removes and reserves this Section.
Sec.  261.12 What is an individual responsibility plan?
    This Section merely restates statutory language without adding any 
clarity, interpretation, or additional requirements not already found 
in statute. As the language is already found at 42 U.S.C. 608(b)(2), 
the removal of this Section will not affect program operations for 
TANF. There were no comments specifically on this Section. Thus, this 
final rule removes and reserves this Section.
Sec.  261.13 May an individual be penalized for not following an 
individual responsibility plan?
    This Section states the implications for an individual who receives 
benefits but does not follow an individual responsibility plan. This 
Section merely restates statutory language without adding any clarity, 
interpretation, or additional requirements not already found in 
statute. As the language is already found at 42 U.S.C. 608(b)(3), the 
removal of this Section will not affect program operations for TANF. 
There were no comments specifically on this Section. Thus, this final 
rule removes and reserves this Section.
Sec.  261.14 What is the penalty if an individual refuses to engage in 
work?
    This Section states the penalties for individuals who receive 
benefits but refuse to work. This Section merely restates statutory 
language without adding any clarity, interpretation, or additional 
requirements not already found in statute. As the language is already 
found at 42 U.S.C. 607(e)(1) and 42 U.S.C. 609(a)(14), the removal of 
this Section will not affect program operations for TANF. There were no 
comments specifically on this Section. Thus, this final rule removes 
and reserves this Section.
Sec.  261.15 Can a family be penalized if a parent refuses to work 
because he or she cannot find child care?
    This Section clarifies that a family cannot be penalized if a 
parent refuses to work because he or she cannot find child care. The 
Section further identifies penalties for a State if they penalize 
parents who are covered under this provision. This Section merely 
restates statutory language without adding any clarity, interpretation, 
or additional requirements not already found in statute. As the 
language is already found at 42 U.S.C. 607(e)(2) and 42 U.S.C. 
609(a)(14), the removal of this Section will not affect program 
operations for TANF. There were no comments specifically on this 
Section. Thus, this final rule removes and reserves this Section.
Sec.  261.16 Does the imposition of a penalty affect an individual's 
work requirement?
    This Section declares that any penalty issued by a State against a 
family for failure to comply with TANF requirements does not represent 
a reduction in any wage paid to such individual. This Section merely 
restates statutory language without adding any clarity, interpretation, 
or additional requirements not already found in statute. As the 
language is already found at 42 U.S.C. 608(c), the removal of this 
Section will not affect program operations for TANF. There were no 
comments specifically on this Section. Thus, this final rule removes 
and reserves this Section.
Subpart B--What are the provisions addressing state accountability?
Sec.  261.21 What overall work rate must a State meet?
    This Section details that each State must achieve at least a 50 
percent work participation rate, minus any caseload reduction credit. 
This Section merely restates statutory language without adding any 
clarity, interpretation, or additional requirements not already found 
in statute. As the language is already found at 42 U.S.C. 607(a)(1), 
(b)(1)-(3), the removal of this Section will not affect program 
operations for TANF. There was one comment specifically on this 
Section. This final rule removes and reserves this Section.
    Comment: One commenter was concerned with the removal of this 
Section. They stated that other Sections that were not proposed for 
removal reference Sec.  261.21 and that this could produce confusion. 
The recommendation was to either keep this Section, or to confirm that 
the 50

[[Page 48281]]

percent work participation credit and the accompanying calculation and 
caseload-reduction credit provisions that depend on them remain 
unchanged. The commenter also recommended that cross references be 
updated to ensure clarity.
    Response: The Department appreciates the commenter's concern 
regarding clarity in the work participation rate requirements. In 
response to this comment, the Department intends to update cross-
references in the regulations, as appropriate, to avoid confusion 
resulting from the removal of Sec.  261.21. Section 261.21 merely 
restates the statutory work participation rate requirements found at 42 
U.S.C. 607(a)(1) and (b)(1) through (3) and does not impose 
requirements beyond those established by statute. Removing this 
duplicative regulation does not alter the 50 percent work participation 
rate, the caseload reduction credit, or the methodology governing their 
application, all of which continue to be governed by the statute. 
Accordingly, the Department is finalizing the removal and reservation 
of Sec.  261.21 as proposed.
Sec.  261.23 What two-parent work rate must a State meet?
    This Section details that each State must achieve at least a 90 
percent two-parent work participation rate, minus any caseload 
reduction credit. This Section merely restates statutory language 
without adding any clarity, interpretation, or additional requirements 
not already found in statute. As the language is already found at 42 
U.S.C. 607(a)(2), (b)(1)-(3), the removal of this Section will not 
affect program operations for TANF. There was one comment specifically 
on this Section. This final rule removes and reserves this Section.
    Comment: One commenter was concerned with the removal of this 
Section. They stated that other Sections that were not proposed for 
removal reference Sec.  261.23 and that this could produce confusion. 
The recommendation was to either keep this Section, or to confirm that 
the 90 percent two-parent work participation rate and the accompanying 
calculation and caseload-reduction credit provisions that depend on 
them remain unchanged. The commenter also recommended that cross 
references be updated to ensure clarity.
    Response: The Department appreciates the commenter's concern 
regarding clarity in the two-parent work participation rate 
requirements. In response to this comment, the Department intends to 
update cross-references in the regulations, as appropriate, to avoid 
confusion resulting from the removal of Sec.  261.23. Section 261.23 
merely restates the statutory two-parent work participation rate 
requirements found at 42 U.S.C. 607(a)(2) and (b)(1) through (3) and 
does not impose requirements beyond those established by statute. 
Removing this duplicative regulation does not alter the 90 percent two-
parent work participation rate, the caseload reduction credit, or the 
methodology governing their application, all of which continue to be 
governed by the statute. Accordingly, the Department is finalizing the 
removal and reservation of Sec.  261.23 as proposed.
Subpart C--What are the work activities and how do they count?
Sec.  261.30 What are the work activities?
    This Section provides a list of what is counted as work activities. 
This Section merely restates statutory language without adding any 
clarity, interpretation, or additional requirements not already found 
in statute. As the language is already found at 42 U.S.C. 607(d), the 
removal of this Section will not affect program operations for TANF. 
There were no comments specifically on this Section. Thus, this final 
rule removes and reserves this Section.
Sec.  261.33 What are the special requirements concerning educational 
activities in determining monthly participation rates?
    This Section provides special requirements related to determining 
monthly work participation rates for instances including individuals in 
vocational training and individuals under 20 years of age. This Section 
merely restates statutory language without adding any clarity, 
interpretation, or additional requirements not already found in 
statute. As the language is already found at 42 U.S.C. 607(c)(2), the 
removal of this Section will not affect program operations for TANF. 
There were no comments specifically on this Section. Thus, this final 
rule removes and reserves this Section.
Sec.  261.35 Are there any special work provisions for single custodial 
parents?
    This Section states that a single custodial parent or caretaker 
relative with a child below the age of six will be considered as 
engaged in work if they participate in qualified activities for at 
least 20 hours per week. This Section merely restates statutory 
language without adding any clarity, interpretation, or additional 
requirements not already found in statute. As the language is already 
found at 42 U.S.C. 607(c)(2)(B), the removal of this Section will not 
affect program operations for TANF. There were no comments specifically 
on this Section. Thus, this final rule removes and reserves this 
Section.
Sec.  261.36 Do welfare reform waivers affect the calculation of a 
State's participation rates?
    This Section discusses how a welfare reform waiver could impact a 
State's workforce participation rate. This Section refers to an 
inactive practice. The last ``welfare reform waiver'' expired in 2006, 
thus making this Section outdated and obsolete. Therefore, the removal 
of this Section will not affect program operations for TANF. There were 
no comments specifically on this Section. Thus, this final rule removes 
and reserves this Section.
Subpart E--What penalties apply to states related to work requirements?
Sec.  261.54 Is a State subject to any other penalty relating to its 
work program?
    This Section discusses that States are eligible to receive 
additional penalties for improperly imposing penalties on individuals. 
This Section merely restates statutory language without adding any 
clarity, interpretation, or additional requirements not already found 
in statute. As the language is already found at 42 U.S.C. 607(e) and 42 
U.S.C. 609(a)(14), the removal of this Section will not affect program 
operations for TANF. There were no comments specifically on this 
Section. Thus, this final rule removes and reserves this Section.
Subpart G--What nondisplacement rules apply in TANF?
Sec.  261.70 What safeguards are there to ensure that participants in 
work activities do not displace other workers?
    This Section discusses what other safeguards exist to ensure that 
participants in work activities are not displacing other workers. This 
Section merely restates statutory language without adding any clarity, 
interpretation, or additional requirements not already found in 
statute. As the language is already found at 42 U.S.C. 607(f), the 
removal of this Section will not affect program operations for TANF. 
There were no comments specifically on this Section. Thus, this final 
rule removes and reserves this Section.

[[Page 48282]]

Subpart H--How do welfare reform waivers affect state penalties?
Sec.  261.80 How do existing welfare reform waivers affect a State's 
penalty liability under this part?
    This Section discusses how a welfare reform waiver could impact a 
State's penalty liability in relation to this Part. This Section refers 
to an inactive practice. The last ``welfare reform waiver'' expired in 
2006, thus making this Section outdated and obsolete. Therefore, the 
removal of this Section will not affect program operations for TANF. 
There were no comments specifically on this Section. Thus, this final 
rule removes and reserves this Section.

45 CFR Part 262 Accountability Provisions--General

Sec.  262.0 What definitions apply to this part?
    This Section discusses that the general TANF definitions found in 
Part 260 apply to this Part as well. This Section cites back to 45 CFR 
260.30 which already states that ``the following definitions apply 
under parts 260 through 265 of this chapter.'' In other words, Part 260 
establishes that those definitions are used throughout the subsequent 
five parts. Therefore, there is no need to restate that the definitions 
from 260 are utilized in Part 262. As this Section is duplicative, its 
removal will not affect program operations for TANF. There were no 
comments specifically on this Section. Thus, this final rule removes 
and reserves this Section.
Sec.  262.1 What penalties apply to States?
    This Section details a list of TANF fiscal penalties that can be 
imposed on States. This Section merely restates statutory language 
without adding any clarity, interpretation, or additional requirements 
not already found in statute. As the language is already found at 42 
U.S.C. 609, the removal of this Section will not affect program 
operations for TANF. There were no comments specifically on this 
Section. Thus, this final rule removes and reserves this Section.

45 CFR Part 263 Expenditures of State and Federal TANF Funds

Subpart A--What rules apply to a state's maintenance of effort?
Sec.  263.1 How much State money must a State expend annually to meet 
the basic MOE requirement?
    This Section describes the amount of money States are required to 
spend annually to meet the basic MOE requirement of the TANF program. 
This Section merely restates statutory language without adding any 
clarity, interpretation, or additional requirements not already found 
in statute. As the language is already found at 42 U.S.C. 609, the 
removal of this Section will not affect program operations for TANF. 
There were no comments specifically on this Section. Thus, this final 
rule removes and reserves this Section.
Sec.  263.3 When do child care expenditures count?
    This Section discusses when State funds expended on child care may 
be counted towards the basic MOE requirement. This Section merely 
restates statutory language without adding any clarity, interpretation, 
or additional requirements not already found in statute. As the 
language is already found at 42 U.S.C. 609, the removal of this Section 
will not affect program operations for TANF. There were no comments 
specifically on this Section. Thus, this final rule removes and 
reserves this Section.
Sec.  263.8 What happens if a State fails to meet the basic MOE 
requirement?
    This Section details what penalties and actions ACF will take when 
a State fails to meet the basic MOE requirement. This Section merely 
restates statutory language without adding any clarity, interpretation, 
or additional requirements not already found in statute. As the 
language is already found at 42 U.S.C. 609, the removal of this Section 
will not affect program operations for TANF. There were no comments 
specifically on this Section. Thus, this final rule removes and 
reserves this Section.
Sec.  263.9 May a State avoid a penalty for failing to meet the basic 
MOE requirement through reasonable cause or corrective compliance?
    This Section details that the reasonable cause and corrective 
compliance provisions would not prevent a State from penalties for 
failing to meet the basic MOE requirements as it does not apply. This 
Section merely restates statutory language without adding any clarity, 
interpretation, or additional requirements not already found in 
statute. As the language is already found at 42 U.S.C. 609(b)-(c), the 
removal of this Section will not affect program operations for TANF. 
There were no comments specifically on this Section. Thus, this final 
rule removes and reserves this Section.
Subpart C--What rules apply to Individual Development Accounts?
Sec.  263.20 What definitions apply to Individual Development Accounts 
(IDAs)?
    This Section defines terms related to the Individual Development 
Accounts. This Section merely restates statutory language without 
adding any clarity, interpretation, or additional requirements not 
already found in statute. As the language is already found at 42 U.S.C. 
604(h), the removal of this Section will not affect program operations 
for TANF. There were no comments specifically on this Section. Thus, 
this final rule removes and reserves this Section.
Sec.  263.21 May a State use the TANF grant to fund IDAs?
    This Section explains that a State may use Federal TANF funds or 
WtW dollars to fund IDAs for individuals eligible for TANF. This 
Section merely restates statutory language without adding any clarity, 
interpretation, or additional requirements not already found in 
statute. As the language is already found at 42 U.S.C. 604, the removal 
of this Section will not affect program operations for TANF. There were 
no comments specifically on this Section. Thus, this final rule removes 
and reserves this Section.
Sec.  263.22 Are there any restrictions on IDA funds?
    This Section details the restrictions that apply to recipients of 
IDA funds. This Section merely restates statutory language without 
adding any clarity, interpretation, or additional requirements not 
already found in statute. As the language is already found at 42 U.S.C. 
604, the removal of this Section will not affect program operations for 
TANF. There were no comments specifically on this Section. Thus, this 
final rule removes and reserves this Section.

45 CFR Part 264 Other Accountability Provisions

Sec.  264.0 What definitions apply to this part?
    This Section defines terms related to this Part. Specifically, it 
is broken down into two components: (1) that the general TANF 
definitions found in Part 260 apply to this Part as well, and (2) lists 
several additional terms not defined in Part 260. The first component 
of this Section cites back to 45 CFR 260.30 which already states that 
``the following definitions apply under parts 260 through 265 of this 
chapter.'' In other words, Part 260 establishes that

[[Page 48283]]

those definitions are used throughout the subsequent five parts. 
Therefore, there is no need to restate that the definitions from 260 
are utilized in Part 264.
    The second component of this Part merely restates statutory 
language without adding any clarity, interpretation, or additional 
requirements not already found in statute. As the language is already 
found at 42 U.S.C. 603 and 608, the removal of this Section will not 
affect program operations for TANF. There were no comments specifically 
on this Section. Thus, this final rule removes and reserves this 
Section.
Subpart A--What specific rules apply for other program penalties?
Sec.  264.2 What happens if a State does not comply with the five-year 
limit?
    This Section explains that if a State does not comply with the 
five-year assistance limit that they will face a penalty of a reduction 
of five percent of the adjusted State Family Assistance Grant (SFAG). 
This Section merely restates statutory language without adding any 
clarity, interpretation, or additional requirements not already found 
in statute. As the language is already found at 42 U.S.C. 609(a)(9), 
the removal of this Section will not affect program operations for 
TANF. There were no comments specifically on this Section. Thus, this 
final rule removes and reserves this Section.
Sec.  264.40 What happens if a State does not repay a Federal loan?
    This Section explains that when a State fails to repay a Federal 
loan that the SFAG payable for the succeeding fiscal year will deduct 
the amount of the loan balance plus all accumulated interest. This 
Section merely restates statutory language without adding any clarity, 
interpretation, or additional requirements not already found in 
statute. As the language is already found at 42 U.S.C. 609(a)(6), the 
removal of this Section will not affect program operations for TANF. 
There were no comments specifically on this Section. Thus, this final 
rule removes and reserves this Section.
Sec.  264.60 What policies and practices must a State implement to 
prevent assistance use in electronic benefit transfer transactions in 
locations prohibited by the Social Security Act?
    This Section discusses that States must enact policies that prevent 
TANF or MOE funds from being used towards expenditures at liquor 
stores, casinos, and strip clubs. This merely restates statutory 
language without adding any clarity, interpretation, or additional 
requirements not already found in statute. As the language is already 
found at 42 U.S.C. 608(a)(12), the removal of this Section will not 
affect program operations for TANF. There were no comments specifically 
on this Section. Thus, this final rule removes and reserves this 
Section.
Sec.  264.61 What happens if a State fails to report or demonstrate it 
has implemented and maintained practices required in Sec.  264.60?
    This Section details that a State's failure to implement policies 
that restrict usage of TANF or MOE funds for liquor stores, casinos, or 
strip clubs will be subject to additional penalties. This Section 
merely restates statutory language without adding any clarity, 
interpretation, or additional requirements not already found in 
statute. As the language is already found at 42 U.S.C. 608, the removal 
of this Section will not affect program operations for TANF. There were 
no comments specifically on this Section. Thus, this final rule removes 
and reserves this Section.
Subpart B--What are the requirements for the contingency fund?
Sec.  264.70 What makes a State eligible to receive a provisional 
payment of contingency funds?
    This Section discusses the qualifications to receive a provisional 
payment of contingency funds and explicitly restricts the Tribes and 
Territories from being eligible to be deemed as a ``needy State.'' This 
Section merely restates statutory language without adding any clarity, 
interpretation, or additional requirements not already found in 
statute. As the language is already found at 42 U.S.C. 603(b), the 
removal of this Section will not affect program operations for TANF. 
There was one comment specifically on this Section. This final rule 
removes and reserves this Section.
    Comment: One commenter was concerned that the removal of this 
Section could cause a lack of a clear statement of eligibility for the 
contingency fund.
    Response: The Department appreciates the commenter's concern 
regarding clarity in the eligibility requirements for contingency 
funds. Section 264.70 merely restates the statutory eligibility 
requirements for contingency funds found at 42 U.S.C. 603(b) and does 
not impose requirements beyond those established by statute. Removing 
this duplicative regulation does not alter the eligibility criteria for 
provisional contingency fund payments, which continue to be governed by 
the statute. Accordingly, the Department is finalizing the removal and 
reservation of Sec.  264.70 as proposed.
Sec.  264.71 What determines the amount of the provisional payment of 
contingency funds that will be made to a State?
    This Section discusses the methodology for calculating the amount 
of the provisional payment of contingency fund that can be awarded to a 
State. This Section contradicts the plain reading of the language found 
at 42 U.S.C. 603(b). Therefore, removing this Section will return the 
operation of the program to be in line with legislative intent. There 
was one commenter who commented specifically on this Section. This 
final rule removes and reserves this Section.
    Comment: One commenter disagreed with the removal of this Section. 
The commenter stated that HHS's stated rationale, that this Section 
conflicted with a clear reading of statute, was inappropriate. The 
commenter stated that while this docket as a whole is intended to be 
``housekeeping,'' they believe this specific Section change represents 
a substantive policy change and thereby needs to propose a replacement 
methodology. The commenter further stated that HHS should explain how 
this Section is inconsistent with statute, propose a replacement 
methodology, and provide an analysis of how this could impact States.
    Response: The Department appreciates the commenter's concern 
regarding the methodology for calculating provisional contingency fund 
payments. As explained in the proposed rule, Sec.  264.71 is 
inconsistent with the methodology established by section 403(b) of the 
Social Security Act (42 U.S.C. 603(b)). Specifically, 42 U.S.C. 
603(b)(3)(C) indicates the ``total amount paid to a single State under 
subparagraph (A) during the month shall not exceed \1/12\ of 20 percent 
of the State family assistance grant'' whereas the regulation at 
subsection (a) indicates the ``amount that we will pay to a State in a 
fiscal year will not exceed an amount equal to \1/12\ times 20 percent 
of that State's SFAG for that fiscal year, multiplied by the number of 
eligible months for which the State has requested contingency funds.'' 
See 42 U.S.C. 603(b)(3)(c) (emphasis added) and 45 CFR 267.71(a) 
(emphasis added). Removing a regulation that is inconsistent with the 
governing statute does not establish a new methodology;

[[Page 48284]]

rather, it removes a regulatory provision that conflicts with the 
methodology enacted by Congress. Because the statute governs the 
calculation of provisional contingency fund payments, the removal of 
Sec.  264.71 does not create uncertainty regarding the applicable 
methodology. The Department also considered whether States have 
developed reliance interests in the procedures reflected in Sec.  
264.71. Although States may need to adjust certain administrative 
processes, including submitting applications on a monthly basis and 
providing information necessary to support monthly payment 
determinations, the Department does not expect this removal to affect 
the amount of contingency funding for which an eligible State may 
qualify. The Department concludes that these limited administrative 
reliance interests do not warrant retaining a regulation that is 
inconsistent with section 403(b) of the Social Security Act. The 
Department intends to provide additional information regarding 
implementation through sub-regulatory guidance. Accordingly, the 
Department is finalizing the removal and reservation of Sec.  264.71 as 
proposed.
    Comment: The same commenter stated that they believe that the 
removal of this Section will produce such a substantial impact on 
States that the certifications that this rule produces no federalism 
implications under Executive Order 13132 and that this rule does not 
produce a ``significant'' economic impact under the Regulatory 
Flexibility Act is inaccurate. The commenter requests that a further 
notice be published in the Federal Register allowing for further 
comment from potentially impacted States.
    Response: The Department disagrees with the commenter's assertion 
that the removal of Sec.  264.71 gives rise to federalism implications 
under Executive Order 13132 or a significant economic impact requiring 
additional analysis under the Regulatory Flexibility Act. The 
Regulatory Flexibility Act does not apply because these regulations are 
applicable to States and Territories, which are not small entities. As 
for Executive Order 13132, it only requires consultation if as 
regulation imposes substantial direct compliance costs or preempts 
State law. Because this action does not establish new requirements or 
impose new obligations beyond those already established by statute, the 
Department does not believe that additional notice or regulatory 
analyses are warranted. Accordingly, the Department is finalizing the 
removal and reservation of Sec.  264.71 as proposed.
Subpart C--What rules pertain specifically to the spending levels of 
the territories?
Sec.  264.83 How will we know if a Territory failed to meet the 
Matching Grant funding requirements at Sec.  264.80?
    This Section discusses the requirement for Territories to submit 
information as required by other regulations on the quarterly 
Territorial Financial Report. The requirement of a quarterly report is 
procedural and therefore better addressed in sub-regulatory guidance. 
There were no comments specifically on this Section. Thus, this final 
rule removes and reserves this Section.
Sec.  264.85 What rights of appeal are available to the Territories?
    This Section states that Territories may appeal a disallowance to 
the Departmental Appeals Board. This Section does not need to be in 
regulation. ACF can enter a memorandum of understanding with the 
Departmental Appeals Board for appeals of disallowances under the 
Matching grant, or territories could go to Federal Court. There were no 
comments specifically on this Section. Thus, this final rule removes 
and reserves this Section.

45 CFR Part 265 Data Collection and Reporting Requirements

Sec.  265.6 Must States file reports electronically?
    This Section details that each State must submit their reports 
electronically based on format specifications prescribed by HHS. HHS 
has the right to require reports to be completed in a particular format 
regardless of this regulation. Furthermore, as this Section states that 
the format will be specified by HHS, it already concedes that this 
regulation is not penultimate in the sense that there are other 
guidance documents that further detail report filing specifications. 
Therefore, the removal of this Section will not affect the operations 
for the TANF program. There were no comments specifically on this 
Section. Thus, this final rule removes and reserves this Section.

45 CFR Part 270 High Performance Bonus Awards

    Part 270, which is inclusive of 45 CFR parts 270.1, 270.2, 270.3, 
270.4, 270.5, 270.6, 270.7, 270.8, 270.9, 270.10, 270.11, 270.12, and 
270.13, are the regulatory provisions relating to the bonus to reward 
high performing States in the TANF program. The High Performance Bonus 
(HPB) had its funding eliminated through the Deficit Reduction Act of 
2005. Therefore, this program has been unfunded and inactive for over 
20 years. As this Part refers to an inactive program, the removal of 
this Part will not affect the operations for the TANF program. There 
were no comments specifically on this Part. Thus, this final rule 
removes and reserves this Part.

45 CFR Part 283 Implementation of Section 403(a)(2) of the Social 
Security Act Bonus To Reward Decrease in Illegitimacy Ratio

    Part 283, which is inclusive of 45 CFR parts 283.1, 283.2, 283.3, 
283.4, 283.5, 283.6, 283.7, 283.8, and 283.9, are the regulatory 
provisions relating to the ``Bonus to Reward Decrease in Illegitimacy 
Ratio''. This bonus program was eliminated through the Deficit 
Reduction Act of 2005. Therefore, this program has been unfunded and 
inactive for over 20 years. As this Part refers to an inactive program, 
the removal of this Part will not affect the operations for the TANF 
program. There were no comments specifically on this Part. Thus, this 
final rule removes and reserves this Part.

45 CFR Part 284 Methodology for Determining Whether an Increase in a 
State or Territory's Child Poverty Rate is the Result of the TANF 
Program

    Part 284, which is inclusive of 45 CFR parts 284.10, 284.11, 
284.15, 284.20, 284.21, 284.30, 284.35, 284.40, 284.45, and 284.50, are 
the regulatory provisions relating to the methodology for determining 
the child poverty rates in the States and Territories. The Consolidated 
Appropriations Act of 2017 rewrote Section 413 of the Social Security 
Act which removed the provision authorizing this Part. Therefore, this 
regulation is inactive and no longer needs to exist. The removal of 
this Part will not affect the operations of the TANF program. There 
were no comments specifically on this Part. Thus, this final rule 
removes and reserves this Part.

45 CFR Part 286 Tribal TANF Provisions

Subpart A--General Tribal TANF Provisions
Sec.  286.15 Who is eligible to operate a Tribal TANF program?
    This Section discusses how either an Indian Tribe or an intertribal 
consortium of eligible Indian Tribes can apply to operate a Tribal 
Family Assistance Program (TFAP). This Section imposes no requirements 
on Tribes and merely informs them of ACF policy. As a statement of 
policy, ACF

[[Page 48285]]

believes this provision would be more appropriate for sub-regulatory 
guidance. The removal of this Section will not affect program 
operations for TANF. There was one comment specifically on this 
Section. This final rule removes and reserves this Section.
    Comment: One commenter was concerned that moving this Section from 
regulation into a sub-regulatory format could leave Tribes with reduced 
regulatory certainty. The commenter urged HHS to recognize the unique 
needs and nature of Tribal governments and that a one-size-fits all 
approach would inhibit the ability to be responsive to the individual 
needs of their communities.
    Response: The Department appreciates the commenter's concern 
regarding regulatory certainty for Tribal governments and recognizes 
the unique circumstances of Tribal TANF programs. Section 286.15 merely 
restates the statutory framework governing Tribal eligibility to 
operate a Tribal Family Assistance Program and does not impose 
requirements beyond those established by statute. Removing this 
duplicative regulation does not alter the eligibility of Indian Tribes 
or intertribal consortia to operate Tribal TANF programs or otherwise 
change the requirements applicable to those programs. Accordingly, the 
Department is finalizing the removal and reservation of Sec.  286.15 as 
proposed.
Subpart B--Tribal TANF Funding
Sec.  286.60 Must Tribes obligate all Tribal Family Assistance Grant 
funds by the end of the fiscal year in which they are awarded?
    This Section states that Tribes are not required to obligate all 
Tribal Family Assistance Grant (TFAG) funds by the end of the fiscal 
year in which they are awarded. This Section merely restates statutory 
language without adding any clarity, interpretation, or additional 
requirements not already found in statute. As the language is already 
found at 42 U.S.C. 604, the removal of this Section will not affect 
program operations for TANF. There were no comments specifically on 
this Section. Thus, this final rule removes and reserves this Section.
Subpart C--Tribal TANF Plan Content and Processing
Sec.  286.130 Does the recipient of Welfare-to-Work (WtW) cash 
assistance count towards a Tribe's TANF time limit?
    This Section discusses the instances in which WtW cash assistance 
is counted towards a Tribe's TANF time limit. This Section relates to 
the WtW program which has been unfunded since 2004, and therefore 
inactive for over 20 years. As this Section refers to an inactive 
program, the removal of this Section will not affect the operations for 
the TANF program. There were no comments specifically on this Section. 
Thus, this final rule removes and reserves this Section.
Sec.  286.175 What special provisions apply in Alaska?
    This Section details the special requirements and allowances 
available to the State of Alaska. This Section merely restates 
statutory language without adding any clarity, interpretation, or 
additional requirements not already found in statute. As the language 
is already found at 42 U.S.C. 612, the removal of this Section will not 
affect program operations for TANF. There were no comments specifically 
on this Section. Thus, this final rule removes and reserves this 
Section.
Sec.  286.180 What is the process required for developing comparability 
criteria that are required in Alaska?
    This Section describes that HHS will work with Tribes in Alaska as 
well as the State of Alaska to develop a process for the development 
and amendment of the comparability criteria. This Section merely 
restates statutory language without adding any clarity, interpretation, 
or additional requirements not already found in statute. As the 
language is already found at 42 U.S.C. 612, the removal of this Section 
will not affect program operations for TANF. There were no comments 
specifically on this Section. Thus, this final rule removes and 
reserves this Section.
Subpart D--Accountability and Penalties
Sec.  286.235 What penalties cannot be excused?
    This Section discusses that the two penalties that cannot be 
excused are the penalty for failure to repay a Federal loan and a 
penalty for failure to replace any reduction in the TFAG from other 
penalties. This Section merely restates statutory language without 
adding any clarity, interpretation, or additional requirements not 
already found in statute. As the language is already found at 42 U.S.C. 
609 and in other regulations at 45 CFR 286.195, the removal of this 
Section will not affect program operations for TANF. There were no 
comments specifically on this Section. Thus, this final rule removes 
and reserves this Section.
Subpart E--Data Collection and Reporting Requirements
Sec.  286.285 How do the data collection and requirements affect Public 
Law 102-477 Tribes?
    This Section describes the impacts of data collection and reporting 
for 102-477 Tribes. This Section restates the requirements for Tribes 
to comply with the reporting requirements as is already stated in 
Public Law 102-477. Therefore, this language is duplicative and the 
removal of this Section will not affect the operation of the TANF 
program. There were no comments specifically on this Section. Thus, 
this final rule removes and reserves this Section.

45 CFR Part 287 The Native Employment Works (NEW) Program

Subpart A--General NEW Provisions
Sec.  287.5 What is the purpose and scope of the NEW Program?
    This Section states the general purpose and scope of the NEW 
program. This Section merely restates statutory language without adding 
any clarity, interpretation, or additional requirements not already 
found in statute. As the language is already found at 42 U.S.C. 612, 
the removal of this Section will not affect the operations of the NEW 
Program. There were no comments specifically on this Section. Thus, 
this final rule removes and reserves this Section.
Subpart B--Eligible Tribes
Sec.  287.15 Which Tribes are eligible to apply for NEW Program grants?
    This Section discusses which Tribes are eligible to apply for the 
NEW Program. This Section merely restates statutory language without 
adding any clarity, interpretation, or additional requirements not 
already found in statute. As the language is already found at 42 U.S.C. 
612, the removal of this Section will not affect the operations of the 
NEW Program. There were no comments specifically on this Section. Thus, 
this final rule removes and reserves this Section.
Sec.  287.20 May a Public Law 102-477 Tribe operate a NEW Program?
    This Section clarifies that a Public Law 102-477 Tribe can operate 
a NEW Program so long as the Tribe is an ``eligible Indian tribe.'' 
This Section is merely an interpretation Public Law 102-477, as 
amended, and 42 U.S.C. 612(a)(2), which authorizes the NEW program. The 
removal of this Section will not affect the operation of the NEW 
Program. There were no comments

[[Page 48286]]

specifically on this Section. Thus, this final rule removes and 
reserves this Section.
Subpart C--NEW Program Funding
Sec.  287.35 What grant amounts are available under the Personal 
Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) 
for the NEW Program?
    This Section details the amount of funds that each Tribe will 
receive under PRWORA for the NEW Program. This Section merely restates 
statutory language without adding any clarity, interpretation, or 
additional requirements not already found in statute. As the language 
is already found at 42 U.S.C. 612, the removal of this Section will not 
affect the operations of the NEW Program. There were no comments 
specifically on this Section. Thus, this final rule removes and 
reserves this Section.
Sec.  287.40 Are there any matching funds requirements with the NEW 
Program?
    This Section states that there are no matching fund requirements 
with the NEW Program. As the authorizing statute makes no mention of 
matching requirements, HHS is therefore not authorized to impose such 
requirements. This Section may be better suited in a sub-regulatory 
frequently asked questions document. The removal of this Section will 
not affect program operations for the NEW Program. There were no 
comments specifically on this Section. Thus, this final rule removes 
and reserves this Section.
Sec.  287.60 Are there additional financial reporting and auditing 
requirements?
    This Section states that NEW Program grantees are required to 
comply with other Federal government and HHS-wide regulations regarding 
auditing and financial requirements. Irrespective of this Section, NEW 
Program grantees are required to comply with such regulations. The 
removal of this Section will not result in grantees no longer having to 
abide by general financial reporting requirements and will not affect 
program operations for the NEW Program. There were no comments 
specifically on this Section. Thus, this final rule removes and 
reserves this Section.
Sec.  287.65 What OMB circulars apply to the NEW Program?
    This Section states which OMB circulars apply to the NEW Program. 
The circulars listed in this Section have since been superseded by the 
Uniform Guidance found at 2 CFR part 200. As such, this Section is 
stating outdated and inaccurate information. Therefore, the removal of 
this Section will not affect the operation of the NEW Program. There 
were no comments specifically on this Section. Thus, this final rule 
removes and reserves this Section.
Subpart D--Plan Requirements
Sec.  287.90 Are Tribes required to complete any certifications?
    This Section states that Tribes are required to complete certain 
certifications for the NEW Program. The requirement that Tribes attain 
certain certifications exists in a variety of other locations including 
in other Federal government-wide statutes. Therefore, the removal of 
this Section will not affect the operation of the NEW Program. There 
were no comments specifically on this Section. Thus, this final rule 
removes and reserves this Section.
Sec.  287.95 May a Tribe operate both a NEW Program and a Tribal TANF 
program?
    This Section clarifies that a Tribe may operate both a NEW Program 
as well as a Tribal TANF program so long as they meet the statutory 
requirements of both programs. Nothing in either authorizing statute 
indicates that a Tribe is prohibited from operating both programs, with 
each statute explicitly stating what Tribes are eligible to apply. This 
Section does not belong in regulation but could serve a useful purpose 
in a sub-regulatory format, such as a frequently asked questions 
document. The removal of this Section will not affect the operations of 
the NEW program or the TANF program. There were no comments 
specifically on this Section. Thus, this final rule removes and 
reserves this Section.
Sec.  287.100 Must a Tribe that operates both NEW and Tribal TANF 
programs submit two separate plans?
    This Section states that a Tribe that operates both a NEW Program 
and a Tribal TANF program must submit two separate plans. The 
requirement for grantees to submit a plan is implied by having separate 
plan requirements in Part 286 (Tribal TANF) and Part 287 (NEW). This 
Section does not belong in regulation but could serve a useful purpose 
in a sub-regulatory format, such as a frequently asked questions 
document. The removal of this Section will not affect the operations of 
the NEW program or the TANF program. There were no comments 
specifically on this Section. Thus, this final rule removes and 
reserves this Section.
Subpart E--Program Design and Operations
Sec.  287.105 What provisions of the Social Security Act govern the NEW 
Program?
    This Section discusses what provisions of the Social Security Act 
govern the NEW Program. This Section merely restates statutory language 
without adding any clarity, interpretation, or additional requirements 
not already found in statute. As the language is already found at 42 
U.S.C. 612, the removal of this Section will not affect the operations 
of the NEW Program. There were no comments specifically on this 
Section. Thus, this final rule removes and reserves this Section.
Subpart F--Data Collection and Reporting Requirements
Sec.  287.165 What are the data collection and reporting requirements 
for Public Law 102-477 Tribes that consolidate a NEW Program with other 
programs?
    This Section lists what other data collection and reporting 
requirements apply to Public Law 102-477 Tribes that choose to 
consolidate their NEW Program with other programs. This Section is 
outdated and unnecessary. Reporting requirements under Public Law 102-
477 are governed by 25 U.S.C. 3410 and are the responsibility of the 
Bureau of Indian Affairs (BIA) in coordination with each agency. 
Therefore, guidance on reporting could be issued by BIA. The removal of 
this Section will not affect the operation of the NEW Program. There 
were no comments specifically on this Section. Thus, this final rule 
removes and reserves this Section.
Sec.  287.170 What are the data collection and reporting requirements 
for a Tribe that operates both the NEW Program and a Tribal TANF 
program?
    This Section lists what other data collection and reporting 
requirements apply to Tribes that operate both a NEW Program as well as 
a Tribal TANF program. This Section states that each Tribe must comply 
with the specific requirements found in the respective program statutes 
and regulations. That requirement is true regardless of this Section. 
The removal of this Section will not affect the operation of either the 
NEW Program or the TANF program. There were no comments specifically on 
this Section. Thus, this final rule removes and reserves this Section.

[[Page 48287]]

VII. Regulatory Process Matters

Paperwork Reduction Act

    Under the Paperwork Reduction Act (44 U.S.C. 3501 et seq., as 
amended) (PRA), all Departments are required to submit to the Office of 
Management and Budget (OMB) for review and approval any reporting or 
recordkeeping requirements inherent in a proposed or final rule. This 
final rule does not contain any information collections requiring OMB 
approval under the PRA and, therefore, will not create any new 
paperwork burdens or modify existing burdens subject to OMB review.

Executive Order 13132

    Executive Order 13132 requires federal agencies to consult with 
State and local government officials if they develop regulatory 
policies with federalism implications that impose substantial direct 
compliance costs on state or local governments or preempt state law. 
Federalism is rooted in the belief that issues that are not national in 
scope or significance are most appropriately addressed by the level of 
government close to the people. This final rule does not impose 
substantial compliance costs or pre-empt State law. The Sections the 
final rule is removing are duplicative and unnecessary regulations from 
the Office of Family Assistance rules. Therefore, in accordance with 
Section 6 of Executive Order 13132, it is determined that this action 
does not warrant the preparation of a federalism summary impact 
statement.

Assessment of Federal Regulations and Policies on Families

    Assessment of Federal Regulations and Policies on Families Section 
654 of the Treasury and General Government Appropriations Act of 1999 
(Pub. L. 105-277) requires federal agencies to determine whether a 
policy or regulation may negatively affect family well-being. If the 
agency determines a policy or regulation negatively affects family 
well-being, then the agency must prepare an impact assessment 
addressing seven criteria specified in the law. HHS believes it is not 
necessary to prepare a family policymaking assessment because the 
actions in this final rule will not have any impact on the autonomy or 
integrity of the family as an institution.

VIII. Regulatory Impact Analysis

    We have examined the impacts of this final rule under Executive 
Order 12866, Executive Order 13563, Executive Order 14192, the 
Regulatory Flexibility Act (5 U.S.C. 601-612), and the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4).
    Executive Orders 12866 and 13563 direct us to assess all benefits 
and costs of available regulatory alternatives and, when regulation is 
necessary, to select regulatory approaches that maximize net benefits. 
Rules are ``economically significant'' under Executive Order 12866 
Section 3(f)(1) if they ``have an annual effect on the economy of $100 
million or more; or adversely affect in a material way the economy, a 
sector of the economy, productivity, competition, jobs, the 
environment, public health or safety, or State, local or tribal 
governments or communities.'' Executive Order 14192 requires that any 
new incremental costs associated with significant new regulations 
``shall, to the extent permitted by law, be offset by the elimination 
of existing costs associated with at least ten prior regulations.'' The 
Office of Information and Regulatory Affairs (OIRA) has determined that 
this final rule is not a significant action under Executive Order 12866 
Section 3(f).
    The Regulatory Flexibility Act (RFA) requires agencies to consider 
the impact of their regulatory proposals on small entities. Because 
this is simply repealing obsolete and unnecessary language, we certify 
that the final rule would not have a significant economic impact on a 
substantial number of small entities.
    The Unfunded Mandates Reform Act of 1995 (UMRA) generally requires 
that each agency conduct a cost-benefit analysis; identify and consider 
a reasonable number of regulatory alternatives; and select the least 
costly, most cost effective, or least burdensome alternative that 
achieves the objectives of the rule before promulgating any proposed or 
final rule that includes a Federal mandate that may result in 
expenditures of more than $100 million (adjusted for inflation) in at 
least one year by State, local, and tribal governments, in the 
aggregate, or by the private sector. Each agency issuing a rule with 
relevant effects over that threshold must also seek input from State, 
local, and tribal governments. The current threshold after adjustment 
for inflation is $193 million, using the most current (2025) Implicit 
Price Deflator for the Gross Domestic Product. This final rule would 
not result in an expenditure in any year that meets or exceeds this 
amount.

IX. Tribal Consultation Statement

    Executive Order 13175, Consultation and Coordination with Indian 
Tribal Governments, requires agencies to consult with Indian Tribes 
when regulations have substantial direct effects on one or more Indian 
tribes, on the relationship between the Federal government and Indian 
tribes, or on the distribution of power and responsibilities between 
the Federal Government and Indian Tribes. Similarly, ACF's Tribal 
Consultation Policy says that consultation is triggered for a new rule 
adoption that significantly affects tribes, meaning the new rule 
adoption has substantial direct effects on one on more Indian tribes, 
on the amount or duration of ACF program funding, on the delivery of 
ACF programs or services to one or more Indian tribes, or on the 
distribution of power and responsibilities between the Federal 
Government and Indian tribes. ACF is nevertheless committed to 
consulting with Indian Tribes and Tribal leadership on this action to 
the extent practicable and permitted by law.

List of Subjects

45 CFR Part 201

    Grant programs--social programs, Guam, Public assistance programs, 
Puerto Rico, Reporting and recordkeeping requirements, Virgin Islands.

45 CFR Part 204

    Administrative practice and procedure, Grant programs--social 
programs, Public assistance programs.

45 CFR Part 205

    Computer technology, Grant programs--social programs, Privacy, 
Public assistance programs, Reporting and recordkeeping requirements, 
Wages.

45 CFR Part 225

    Grant programs--social programs, Public assistance programs, 
Volunteers.

45 CFR Part 233

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

45 CFR Part 234

    Grant programs--social programs, Health care, Public assistance 
programs, Rent subsidies.

45 CFR Part 235

    Aid to Families with Dependent Children, Fraud, Grant programs--
social programs, Public assistance programs.

45 CFR Part 237

    Grant programs--social programs, Public assistance programs.

[[Page 48288]]

45 CFR Part 260

    Administrative practice and procedure, Day care, Employment, Grant 
programs--social programs, Loan programs--social programs, Manpower 
training programs, Penalties, Public assistance programs, Reporting and 
recordkeeping requirements.

45 CFR Part 261

    Administrative practice and procedure, Day care, Employment, Grant 
programs--social programs, Loan programs--social programs, Manpower 
training programs, Penalties, Public assistance programs, Reporting and 
recordkeeping requirements.

45 CFR Part 262

    Administrative practice and procedure, Day care, Employment, Grant 
programs--social programs, Loan programs--social programs, Manpower 
training programs, Penalties, Public assistance programs, Reporting and 
recordkeeping requirements.

45 CFR Part 263

    Administrative practice and procedure, Day care, Employment, Grant 
programs--social programs, Loan programs--social programs, Manpower 
training programs, Penalties, Public assistance programs, Reporting and 
recordkeeping requirements.

45 CFR Part 264

    Administrative practice and procedure, Day care, Employment, Grant 
programs--social programs, Loan programs--social programs, Manpower 
training programs, Penalties, Public assistance programs, Reporting and 
recordkeeping requirements.

45 CFR Part 265

    Administrative practice and procedure, Day care, Employment, Grant 
programs--social programs, Loan programs--social programs, Manpower 
training programs, Penalties, Public assistance programs, Reporting and 
recordkeeping requirements.

45 CFR Part 270

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

45 CFR Part 283

    Family planning, Health statistics, Public assistance programs.

45 CFR Part 284

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

45 CFR Part 286

    Administrative practice and procedure, Day care, Employment, Grant 
programs--social programs, Indians, Loan programs--social programs, 
Manpower training programs, Penalties, Public assistance programs, 
Reporting and recordkeeping requirements.

45 CFR Part 287

    Administrative practice and procedure, Employment, Grant programs--
social programs, Indians, Loan programs--social programs, Manpower 
training programs, Penalties, Public assistance programs, Reporting and 
recordkeeping requirements.

    For the reasons set forth in the preamble, ACF amends 45 CFR parts 
201, 204, 205, 225, 233, 234, 235, 237, 260, 261, 262, 263, 264, 265, 
270, 283, 284, 286, and 287 as follows:

PART 201--GRANTS TO STATES FOR PUBLIC ASSISTANCE PROGRAMS

0
1. The authority citation for part 201 continues to read as follows:

    Authority: 42 U.S.C. 303, 603, 1203, 1301, 1302, 1316, 1353, and 
1383 (note).


Sec.  Sec.  201.0, 201.1, 201.3, 201.4, 201.5, 201.6, 201.7, 201.10, 
201.11, 201.12, 201.13, 201.14, 201.15, 201.67, and 201.70  [Removed 
and reserved]

0
2. Remove and reserve Sec. Sec.  201.0, 201.1, 201.3, 201.4, 201.5, 
201.6, 201.7, 201.10, 201.11, 201.12, 201.13, 201.14, 201.15, 201.67, 
and 201.70.

PART 204--[REMOVED AND RESERVED]

0
3. Under the authority of 42 U.S.C. 602(a)(44) and 1302 and sections 1, 
5, 6, and 7 of Reorganization Plan No. 1 of 1953, 67 Stat. 631, remove 
and reserve part 204.

PART 205--GENERAL ADMINISTRATION--PUBLIC ASSISTANCE PROGRAMS

0
4. The authority citation for part 205 continues 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.


Sec.  Sec.  205.5, 205.10, 205.25, 205.30, 205.32, 205.35, 205.36, 
205.37, 205.38, 205.45, 205.70, 205.100, 205.101, 205.120, 205.130, 
205.150, 205.160, 205.170, and 205.190  [Removed and reserved]

0
5. Remove and reserve Sec. Sec.  205.5, 205.10, 205.25, 205.30, 205.32, 
205.35, 205.36, 205.37, 205.38, 205.45, 205.70, 205.100, 205.101, 
205.120, 205.130, 205.150, 205.160, 205.170, and 205.190.

PART 225--[REMOVED AND RESERVED]

0
6. Under the authority of Sec. 1102, 49 Stat. 647; 42 U.S.C. 1302, 
remove and reserve part 225.

PART 233--COVERAGE AND CONDITIONS OF ELIGIBILITY IN FINANCIAL 
ASSISTANCE PROGRAMS

0
7. 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.  Sec.  233.21, 233.22, 233.23, 233.24, 233.25, 233.26, 233.27, 
233.28, 233.29, 233.31, 233.32, 233.33, 233.34, 233.35, 233.36, 233.37, 
233.38, 233.39, 233.40, 233.50, 233.51, 233.52, 233.53, 233.60, 233.70, 
233.80, 233.100, 233.101, 233.106, 233.107, 233.110, and Sec.  
233.145  [Removed and reserved]

0
8. Remove and reserve Sec. Sec.  233.21, 233.22, 233.23, 233.24, 
233.25, 233.26, 233.27, 233.28, 233.29, 233.31, 233.32, 233.33, 233.34, 
233.35, 233.36, 233.37, 233.38, 233.39, 233.40, 233.50, 233.51, 233.52, 
233.53, 233.60, 233.70, 233.80, 233.100, 233.101, 233.106, 233.107, 
233.110, and 233.145.

PART 234--[REMOVED AND RESERVED]

0
9. Under the authority of 42 U.S.C. 602, 603, 606, and 1302, remove and 
reserve part 234.

PART 235--[REMOVED AND RESERVED]

0
10. Under the authority of 42 U.S.C. 603, 616, and 1302, remove and 
reserve part 235.

PART 237--[REMOVED AND RESERVED]

0
11. Under the authority of Section 1102 of the Social Security Act (42 
U.S.C. 1302); 49 Stat. 647, as amended, remove and reserve part 237.

PART 260--GENERAL TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF) 
PROVISIONS

0
12. The authority citation for part 260 continues to read as follows:

    Authority:  42 U.S.C. 601, 601 note, 603, 604, 606, 607, 608, 
609, 610, 611, 619, and 1308.


Sec.  Sec.  260.10, 260.32, 260.50, 260.52, 260.70, 260.71, 260.72, 
260.73, 260.74, 260.75, and 260.76  [Removed and reserved]

0
13. Remove and reserve Sec. Sec.  260.10, 260.32, 260.50, 260.52, 
260.70, 260.71,

[[Page 48289]]

260.72, 260.73, 260.74, 260.75, and 260.76.

PART 261--ENSURING THAT RECIPIENTS WORK

0
14. The authority citation for part 261 continues to read as follows:

    Authority:  42 U.S.C. 601, 602, 607, and 609; Pub. L. 109-171.


Sec.  Sec.  261.1 261.10, 261.11, 261.12, 261.13, 261.14, 261.15, 
261.16, 261.21, 261.23, 261.30, 261.33, 261.35, 261.36, 261.54, 261.70, 
and 261.80  [Removed and reserved]

0
15. Remove and reserve Sec. Sec.  261.1, 261.10, 261.11, 261.12, 
261.13, 261.14, 261.15, 261.16, 261.21, 261.23, 261.30, 261.33, 261.35, 
261.36, 261.54, 261.70, and 261.80.

PART 262--ACCOUNTABILITY PROVISIONS--GENERAL

0
16. The authority citation for part 262 continues to read as follows:

    Authority:  31 U.S.C. 7501 et seq.; 42 U.S.C. 606, 609, and 610; 
Sec. 7102, Pub. L. 109-171, 120 Stat. 135; Sec. 4004, Pub. L. 112-
96, 126 Stat. 197.


Sec.  Sec.  262.0 and 262.1  [Removed and reserved]

0
17. Remove and reserve Sec. Sec.  262.0 and 262.1.

PART 263--EXPENDITURES OF STATE AND FEDERAL TANF FUNDS

0
18. The authority citation for part 263 continues to read as follows:

    Authority:  42 U.S.C. 604, 607, 609, and 862a; Pub. L. 109-171.


Sec.  Sec.  263.1, 263.3, 263.8, 263.9, 263.20, 263.21, and 
263.22  [Removed and reserved]

0
19. Remove and reserve Sec. Sec.  263.1, 263.3, 263.8, 263.9, 263.20, 
263.21, and 263.22.

PART 264--OTHER ACCOUNTABILITY PROVISIONS

0
20. The authority citation for part 264 continues to read as follows:

    Authority:  31 U.S.C. 7501 et seq.; 42 U.S.C. 608, 609, 654, 
1302, 1308, and 1337.


Sec.  Sec.  264.0, 264.2, 264.40, 264.60, 264.61, 264.70, 264.71, 
264.83, and 264.85  [Removed and reserved]

0
21. Remove and reserve Sec. Sec.  264.0, 264.2, 264.40, 264.60, 264.61, 
264.70, 264.71, 264.83, and 264.85.

PART 265--DATA COLLECTION AND REPORTING REQUIREMENTS

0
22. The authority citation for part 265 continues to read as follows:

    Authority:  42 U.S.C. 603, 605, 607, 609, 611, and 613.


Sec.  265.6  [Removed and reserved]

0
23. Remove and reserve Sec.  265.6.

PART 270--[REMOVED AND RESERVED]

0
24. Under the authority of 42 U.S.C. 603(a)(4), remove and reserve part 
270.

PART 283--[REMOVED AND RESERVED]

0
25. Under the authority of 42 U.S.C. 603, remove and reserve part 283.

PART 284--[REMOVED AND RESERVED]

0
26. Under the authority of 42 U.S.C. 613(i), remove and reserve part 
284.

PART 286--TRIBAL TANF PROVISIONS

0
27. The authority citation for part 286 continues to read as follows:

    Authority:  42 U.S.C. 601. 604, and 612; Public Law 111-5.


Sec.  Sec.  286.15, 286.60, 286.130, 286.175, 286.180, 286.235, and 
286.285  [Removed and reserved]

0
28. Remove and reserve Sec. Sec.  286.15, 286.60, 286.130, 286.175, 
286.180, 286.235, and 286.285.

PART 287--THE NATIVE EMPLOYMENT WORKS (NEW) PROGRAM

0
29. The authority citation for part 287 continues to read as follows:

    Authority: 42 U.S.C. 612.


Sec.  Sec.  287.5, 287.15, 287.20, 287.35, 287.40, 287.60, 287.65, 
287.90, 287.95, 287.100, 287.105, 287.165, and 287.170  [Removed and 
reserved]

0
30. Remove and reserve Sec. Sec.  287.5, 287.15, 287.20, 287.35, 
287.40, 287.60, 287.65, 287.90, 287.95, 287.100, 287.105, 287.165, and 
287.170.

Robert F. Kennedy, Jr.,
Secretary, Department of Health and Human Services.
[FR Doc. 2026-15567 Filed 7-30-26; 8:45 am]
BILLING CODE 4184-36-P