[Federal Register Volume 64, Number 229 (Tuesday, November 30, 1999)]
[Notices]
[Pages 66866-66872]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-30907]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Food and Nutrition Service
Agency Information Collection Activities: Proposed Collection,
Comment Request--Commodity Supplemental Food Program, the Food
Distribution Program on Indian Reservations, and the Food Stamp
Program: Title VI Civil Rights Collection Reports
AGENCY: Food and Nutrition Service, USDA.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Paperwork Reduction Act of 1995, the
Food and Nutrition Service (FNS) is publishing for public comment a
summary of a proposed information collection. The proposed collection
is an extension of a collection currently approved under OMB No. 0584-
0025, Civil Rights Title VI Collection Reports--Forms FNS-191 and FNS-
101, for the Commodity Supplemental Food Program, the Food Distribution
Program on Indian Reservations, and the Food Stamp Program.
DATES: Comments on this notice must be received by January 31, 2000.
ADDRESSES: Send comments and requests for copies of this information
collection to Barbara Hallman, Chief, State Administration Branch, Food
Stamp Program, Food and Nutrition Service, USDA, 3101 Park Center
Drive, Alexandria, VA 22302. Copies of the estimate of the information
collection can be obtained by contacting Ms. Hallman.
Comments are invited on: (a) Whether the proposed collection of
information is necessary for the proper performance of the functions of
the Agency, including whether the information will have practical
utility; (b) the accuracy of the Agency's estimate of the burden of the
proposed collection of information including the validity of the
methodology and assumptions used; ( c) ways to enhance the quality,
utility, and clarity of the information to be collected; and (d) ways
to minimize the burden of the collection of information on those who
are to respond, including through the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology.
All comments will be summarized and included in the request for
Office of Management and Budget approval of the information collection.
All comments will become a matter of public record.
FOR FURTHER INFORMATION CONTACT: Barbara Hallman, telephone number
(703) 305-2383.
SUPPLEMENTARY INFORMATION:
Title: Civil Rights Title VI Collection Reports--FNS-191 and FNS-
101.
OMB Number: 0584-0025.
Expiration Date: March 2000.
Type of Request: Extension of a currently approved collection.
Abstract: Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d
to 2000d-7, requires the collection of racial/ethnic data for all
programs receiving Federal financial assistance. The Department of
Justice (DOJ) regulations, 28 CFR 42.406, require all Federal agencies
to provide for the collection of racial/ethnic data and information
from applicants for and recipients of Federal assistance sufficient to
permit effective enforcement of Title VI in each assisted program.
For purposes of the Information Collection Notice only, the Food
and Nutrition Service (FNS) employs program terminology in place of the
standard Title VI terminology adopted by the U.S. Department of
Agriculture (USDA) and codified at 7 CFR 15.2. Thus, ``State
agencies,'' ``local
[[Page 66867]]
agencies,'' and/or ``operators'' are the program entities responsible
for fulfilling the data collection requirements associated with
``primary recipients'' and/or ``recipients'' as defined by Title VI.
Moreover, the program terms ``respondents,'' ``applicants,'' and/or
``participants'' refer to the ``potential beneficiaries,'' ``applicant
beneficiaries,'' and/or ``actual beneficiaries'' of Federal financial
assistance as defined by Title VI.
In order to conform with the statutory mandates of Title VI of the
Civil Rights Act of 1964, DOJ regulations, and USDA regulations on
nondiscrimination in Federally assisted programs, the USDA's Food and
Nutrition Service (FNS) requires State agencies to submit data on the
racial/ethnic categories of persons receiving benefits from FNS food
assistance programs. Local agencies use the two forms referenced above
(i.e., the FNS-191 and FNS-101) to collect data on the Commodity
Supplemental Food Program (CSFP), the Food Distribution Program on
Indian Reservations (FDPIR), and the Food Stamp Program (FSP) as
explained below. FNS' data collection requirement for operators is
found in the regulations for the CSFP at 7 CFR Part 247.13(d), and for
the FSP at 7 CFR Part 272.6(g); the requirement for the FDPIR is found
in FNS Handbook 501.
All State or local agencies must submit the appropriate form in
order to receive benefits and comply with applicable legislation. If a
State or local agency does not comply voluntarily, the State or local
agency is subject to fund termination, suspension, or denial; or
judicial action.
CSFP local agencies complete the FNS-191 for the CSFP. FNS requires
local agencies to provide the actual number and racial/ethnic
designations women, infants, children and elderly who receive CSFP
benefits during the month of April.
FSP and FDPIR State or local agencies complete the FNS-101. FNS
requires State or local agencies to report annually the actual number
and racial/ethnic designation of households who receive FDPIR and/or
FSP benefits during the month of July.
FNS requests that an applicant voluntarily designate a racial/
ethnic category on his or her application. However, racial/ethnic
information will not affect an applicant's request for benefits. In all
three programs, State and local agencies collect racial/ethnic
information on the benefits application form which applicants may
complete and file manually or electronically. All three programs allow
the individual to self-identify his or her racial/ethnic status on the
application. Observation is used when the individual does not self-
identify. The Federal reporting forms do not identify individual
participants.
FNS is proposing to extend the current forms unchanged (except for
editorial changes such as the updating of the Agency's name) through FY
2001 reporting. In addition, at this time FNS is proposing substantial
changes to be made to the forms for reporting for FY 2002. These
changes are discussed below.
The New Categories and Reporting Forms
Background
The racial and ethnic categories, which have been in place for
nearly 20 years, conform to standards set by the Office of Management
and Budget (OMB) in Statistical Policy Directive No. 15, Race and
Ethnic Standards for Federal Statistics and Administrative Reporting.
On October 30, 1997, OMB issued a revision of Statistical Policy
Directive No. 15 in a notice in the Federal Register (62 FR 58781 (Oct.
30, 1997)). The new standards revise the categories and manner of
reporting. All Federal agencies are to comply with the new standards.
In turn, States will have to comply with the new standards.
State Collection of Data
The new standards revise the racial/ethnic categories by separating
the ``Asian and Pacific Islander'' category into two separate
categories. The five racial categories for future State agency
reporting are: American Indian or Alaska Native, Asian, Black or
African American, Native Hawaiian or Other Pacific Islander, and White.
The two new ethnic categories are: ``Hispanic or Latino'' and ``Not
Hispanic or Latino.'' These categories are to be included on the
application or data input screen.
The new standards also require that State and local agencies offer
applicants the option of selecting one or more racial designations from
the above categories. State agencies may not offer respondents
(applicants) a ``multi-racial'' category. Instructions on race
reporting on the application form should ask the respondent to ``Mark
one or more . . .'' or ``Select one or more . . . .'' State agencies
shall use separate questions on the application form or data input
screen for collecting data on race and ethnicity, collecting ethnicity
data first, then race. Applicants may choose only one response to the
Hispanic ethnicity question. State agencies will need to modify their
application forms, computer input screens and information systems to
capture and retrieve data in the new categories.
The new multiracial reporting is intended to capture information on
the number of people reporting that they are of more than one race. For
the CSFP, State agencies currently collect the data by groups of
participants (Women, Infants, Children and Elderly). CSFP State
agencies shall continue to collect the data by participant but will
have to use the new racial and ethnic categories and provide for
multiracial reporting. However, to reduce the paperwork burden
associated with the administration of the CSFP at the State and local
level, we are recommending that the data no longer be reported
separately by each group of participants but simply by the total number
of participants in the program.
For FDPIR and FSP, State agencies currently collect the data by
``household'' with each household unit being counted under only one
race. In actuality, most State agencies collect racial/ethnic data for
one person in the household, normally the person who completes the
application or is interviewed. This is done because the reporting of
racial information by an applicant is voluntary and not all household
members are required to be present for the eligibility interview. When
an applicant chooses not to self-identify, capturing or determining
racial information on absent household members based on observation of
present household members or other means would be burdensome and error
prone for States. FDPIR and FSP State agencies may continue to collect
the data for one person per household but must use the new racial and
ethnic categories and provide for multiracial reporting.
Reporting of Data
FNS is proposing drafts of the revised forms discussed above for
comment at this time in order to begin to comply with the revised
racial and ethnic categories and to inform State agencies of the
reporting changes to come. The FNS-191 will continue to collect data
for each participant. However, the FNS-191 is being revised to collect
data on the number of participants in the new racial and ethnic
categories and the number of participants choosing more than one race.
In addition for the CSFP, States will no longer be required to report
racial ethnic data separately for women, infants, children and elderly.
The FNS-101 will continue to collect data only on one person per
household. We plan to refer to this individual as ``household contact''
on the reporting
[[Page 66868]]
form. FNS believes this is a more appropriate term than ``household.''
The FNS-101 is being revised to collect data on the number of household
contacts in the new racial and ethnic categories and the number
choosing more than one race.
For both forms, FNS is proposing to have the State agencies report
the number of people who selected only one racial category, separately
for each of the five racial categories, and to provide a count of all
people who selected more than one racial category. In addition, State
agencies shall report the number of persons in each racial category who
are Hispanic or Latino. Detailed reporting instructions will be issued
by FNS when the new forms are approved by OMB and finalized. The new
proposed forms are displayed at the end of this section.
Implementation
FNS recognizes that State and local agencies will need time to
modify their application forms, data input screens, and information
systems in order to begin capturing and tabulating the new data. We
also recognize that State and local agencies may currently be involved
in doing high priority Year 2000 system modifications to keep their
systems operational after 1999 as well as doing other system
modifications due to welfare reform and other program changes. It is
crucial for FNS' information system that all State agencies for a given
program implement the new reporting format at the same time.
FNS proposes that CSFP, FDPIR, and FSP State and local agencies
begin collecting the racial/ethnic data for the new reporting with new
applications filed beginning October 2001. The new reporting to FNS
would be effective for the report month of April 2002 for the FNS-191
and the report month of July 2002 for the FNS-101.
FNS requests comments on the proposed reporting forms and the above
proposed implementation dates from State and local agencies for each
program. FNS is also interested if State agencies could implement
sooner than the above proposed implementation date. After considering
the comments, FNS will finalize the revised forms and include them in
the next burden package for OMB approval. FNS will announce the
effective date(s) for each of the affected programs either through
rulemaking (for the FSP) or implementing memoranda. The two revised
forms follow this notice.
Burden Estimate
Respondents: Local agencies that administer the CSFP, FDPIR, and
FSP.
Number of Respondents: 2,939 (72 for CSFP, 106 for FDPIR, and 2,761
for FSP).
Estimated Number of Responses per Respondent:
Form FNS-191: 72 local CSFP agencies once a year.
Form FNS-101: 106 local FDPIR agencies and 2,761 local FSP agencies
once a year.
Estimate of Burden:
Form FNS-191: The local CSFP agencies submit Form FNS-191 at an
estimate of 1.75 hours per respondent, or 126 total hours. There is an
additional recordkeeping burden of .25 hours per respondent for
maintaining the responses, or 18 hours. Total burden is 144 hours.
Form FNS-101: The local FDPIR and FSP agencies submit Form FNS-101
at an estimate of 2 hours per respondent, or 5,734 total hours. There
is an additional burden of .25 hours per respondent for maintaining the
responses, or 717 hours. Total burden is 6,451 hours.
Estimated Total Annual Burden on Respondents: The revised annual
reporting and recordkeeping burden for OMB No. 0584-0025 is estimated
to be 6,595 hours. The burden is unchanged.
Dated: November 18, 1999.
George A. Braley,
Acting Administator.
BILLING CODE 3410-30-P
[[Page 66869]]
[GRAPHIC] [TIFF OMITTED] TN30NO99.007
[[Page 66870]]
[GRAPHIC] [TIFF OMITTED] TN30NO99.008
[[Page 66871]]
[GRAPHIC] [TIFF OMITTED] TN30NO99.009
[[Page 66872]]
[GRAPHIC] [TIFF OMITTED] TN30NO99.010
[FR Doc. 99-30907 Filed 11-29-99; 8:45 am]
BILLING CODE 3410-10-C