[Federal Register Volume 67, Number 229 (Wednesday, November 27, 2002)]
[Notices]
[Pages 70916-70922]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-30113]


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 Notices
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  Federal Register / Vol. 67, No. 229 / Wednesday, November 27, 2002 / 
Notices  

[[Page 70916]]



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.

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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 a revision 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 27, 2003.

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: December 2002.
    Type of Request: Revision of a currently approved collection.
    Abstract: Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d 
to 2000d-7, prohibits discrimination on the basis of race, color, and 
national origin in programs receiving Federal financial assistance. 
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.
    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 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.
    In all three programs, State and local agencies collect racial/
ethnic information on the benefits application form that applicants may 
complete and file manually or electronically. The application form must 
clearly indicate three points: (1) The information is voluntary, (2) 
the race and ethnic information will not affect an applicant's 
eligibility or level of benefits, and (3) the reason for the collection 
of the information is to assure that program benefits are distributed 
without regard to race, color or national origin. All three programs 
allow the individual to self-identify his or her racial/ethnic status 
on the application. Visual observation by a program representative is 
used to collect the data when the individual does not self-identify. In 
either case the information is recorded on the application form and 
entered into the agency's information system. The Federal reporting 
forms do not identify individual participants.
    Local agencies use the two forms referenced above (i.e., the FNS-
191 and FNS-101) to report data on the Commodity Supplemental Food 
Program (CSFP), the Food Distribution Program on Indian Reservations 
(FDPIR), and the Food Stamp Program (FSP) to FNS 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 annually the actual number and racial/ethnic 
designations of women, infants, children and elderly who receive CSFP 
benefits during the month of April.

[[Page 70917]]

    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 is proposing substantial changes in the collection and 
reporting of racial/ethnic data. These changes are discussed below.

The New Categories and Reporting Forms

Background

    Currently, State agencies collect data on five racial and ethnic 
categories: American Indian or Alaska Native, Asian or Pacific 
Islander, Black (not of Hispanic origin), Hispanic, and White (not of 
Hispanic origin). The current racial and ethnic categories, which have 
been in place for over 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 1997 standards revise the categories and 
manner of reporting. Under the revised standards, the Asian or Pacific 
Islander category is now separated into two categories--``Asian'' and 
``Native Hawaiian or Other Pacific Islander.'' In addition, Hispanic 
now becomes an ethnic category separate from the racial categories. The 
ethnic categories are ``Hispanic or Latino'' and ``Not Hispanic or 
Latino.'' Applicants will now be allowed to choose more than one race. 
All Federal and State agencies are to comply with the new standards.
    In order to comply with the revised OMB policy directive, on 
November 30, 1999, FNS issued a notice in the Federal Register 
proposing new reporting forms for FNS-191 and FNS-101. The proposed 
forms included the single race blocks and a category for the count of 
the number of people who chose more than one race. Since that notice 
was published, OMB, on March 9, 2000, issued OMB Bulletin No. 00-02, 
which provided new guidance to Federal agencies on the collection of 
aggregate data from non-Federal entities and the compiling of the data 
for Federal purposes. That guidance directed Federal agencies to 
collect data for the four double race combinations most commonly 
reported in studies and for any other racial combinations that exceed 
one percent of the State population or other population of interest. 
The four double race categories are American Indian or Alaska Native 
and White; Asian and White; Black or African American and White; and 
American Indian or Alaska Native and Black or African American. 
Accordingly, FNS has revised the forms for this notice based on the 
additional guidance.

State Collection of Data

    For all three programs, the new five racial categories for State 
agency data collection are: American Indian or Alaska Native, Asian, 
Black or African American, Native Hawaiian or Other Pacific Islander, 
and White. The two revised ethnic categories are: ``Hispanic or 
Latino'' and ``Not Hispanic or Latino.'' These categories are to be 
included on the application or data input screen.
    State agencies must 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 ethnicity question, either ``Hispanic or Latino'' 
or ``Not Hispanic or Latino.'' For all three programs, State and local 
agencies must offer applicants the option of selecting one or more 
racial designations from the above categories, distinct from a 
selection for the ethnic category. State agencies may not offer 
respondents (applicants) a ``multiracial'' category. Instructions on 
race reporting on the application form should ask the respondent to 
``Mark one or more * * *'' or ``Select one or more. * * *'' If racial 
and ethnic information are not provided voluntarily by the applicant, 
the State agency is to obtain the information based on visual 
observation. When visual observation is used, only a single race need 
be collected, along with the ethnicity. The new multiple race data 
collection and reporting are intended to capture information on the 
number of people reporting that they are of more than one race. State 
agencies will need to modify their application forms, computer input 
screens and information systems to capture and retrieve data in the 
revised categories.
    For the CSFP, State agencies currently collect this data by 
participant. CSFP State agencies will continue to collect the data by 
participant, but must use the revised racial and ethnic categories and 
provide for multiple race reporting.
    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. FDPIR 
and FSP State agencies may continue to collect the data for one person 
per household but must use the revised racial and ethnic categories and 
provide for multiple race reporting.

Reporting of Data

    FNS is proposing drafts of the revised forms 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 proposed forms FNS-101 and FNS-191 are included in this 
notice for review and comment.
    For both the FNS-191 and the FNS-101 forms, FNS is proposing to 
have State agencies report the total number of people (i.e., 
participants for the FNS-191 and household contacts for the FNS-101 as 
explained below) in the revised racial and ethnic categories for each 
single race, and for the following combinations:
    (1) American Indian or Alaska Native and White.
    (2) Asian and White.
    (3) Black or African American and White.
    (4) American Indian or Alaska Native and Black or African American.
    (5) Any other racial combinations with a population in the State 
that exceeds 1 percent of the total population for the State.
    (6) The balance of respondents reporting more than one race.
    State agencies would need to review Census 2000 data to determine 
which other racial combinations have a population that exceeds the one 
percent population threshold in their State. Each such combination 
would be reported as a separate line item. Census 2000 summary data 
shows 2.4 percent of the Nation's population chose more than one race 
and in four States more than four percent of the State's population 
chose more than one race. Census 2000 data on the poverty population by 
combination is expected to become available in 2003. In addition, State 
agencies must report in a separate break out column the number of 
persons in each single or multiple race category line item who are 
Hispanic or Latino. Detailed reporting instructions will be issued by 
FNS when the revised forms are approved by OMB and finalized. State 
agencies should note that the additional one percent combination 
categories they must report

[[Page 70918]]

are subject to change with the next U.S. Census.
    The FNS-191 and FNS-101 are being revised to include the revised 
racial/ethnic categories described above. Additionally, other changes 
are being made to the forms. For the FNS-191, respondents will simply 
report the total number of participants in each category, without a 
breakout by women, infants, children and elderly participants. For the 
FNS-101, respondents will continue to report the data by household, but 
we have changed the designation on the form to ``household contact'', 
which is a more appropriate term.
    In addition, there are certain other changes for the FNS-101 that 
apply only to the FSP. Currently, FSP State and local agencies report 
the racial ethnic data by project area for approximately 2,800 
projects. The increase in data elements (from the current 5 to the 
proposed 26) will have a significant impact on a State's reporting 
burden if we were to retain the project area reporting. To ease the 
impact on State reporting, we propose to have State agencies report 
this data in a single Statewide report to FNS for the FSP, which would 
eliminate project area reporting to FNS. Most State agencies have 
Statewide information systems which can provide State totals and we 
encourage State agencies to automate all their data compilations. 
Although we are proposing Statewide reporting on the FNS-101 for the 
FSP, the State agency will need to maintain the data by project area 
for FNS review. The data must be kept in an easily retrievable form and 
be made available to FNS upon request. FNS also intends to provide for 
electronic reporting of the new Statewide form through our State 
Cooperative Data Exchange (SCDEX) process for the FSP in the near 
future.
    Currently, Hawaii, Guam, and the Virgin Islands are exempt from 
reporting racial/ethnic data on the current FNS-101 for the FSP. This 
exemption, which FNS granted in 1972 and reaffirmed in 1983, was due to 
the significant multiracial composition in Hawaii that did not fall 
neatly into the single race blocks on the form and the essentially 
homogeneous racial/ethnic population in Guam and the Virgin Islands. 
Our review of the latest available Census Bureau racial statistics for 
all three of these areas showed a diverse population. In view of this 
diversity, and since the revised form will allow multiple race 
reporting, we propose to terminate the current exemption for the above 
entities and will require that the above-mentioned State agencies to 
begin to report racial statistics to FNS on the revised FNS-101 along 
with all other FSP State agencies.
    The more detailed data for all three programs will allow FNS to 
more accurately capture the increasing diversity of participants and 
household contacts in its programs. The one percent categories are 
intended to minimize the reporting burden on State agencies while 
providing FNS with line item data on program participation by 
additional multiple race combinations which exceed the threshold 
percentage in that State. Finally, the data will be used for civil 
rights monitoring and enforcement.
    We estimate a State agency will need to report on average 24 data 
elements on the proposed form based on the available Census data. State 
agencies in a very small number of States may have to report an 
additional category or two for additional combinations that exceed one 
percent of the State's population. However, State agencies will be 
responsible for maintaining the aggregate data by each single race and 
by every possible racial combination category for State agency 
monitoring and for Federal review purposes. Thus, the State agency's 
information system will need to compile and maintain the data for a 
total of 62 racial and ethnic categories, 10 categories for those who 
report exactly one race (5 categories for all household contacts by 
race and 5 categories for Hispanic contacts only by race) and 52 
categories for those who report more than one race (26 categories for 
all household contacts and the remaining 26 for Hispanic contacts 
only).

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 revised data for 
all three programs. It is crucial for FNS' information system that all 
State agencies for a given program implement the revised reporting 
format at the same time. Lastly, published elsewhere in this issue of 
the Federal Register, a proposed rule addressing the implementation of 
collection and reporting of racial ethnic data for the Food Stamp 
Program is available for public comment. As explained in the preamble 
to the proposed rule, until comment is received on this notice and the 
proposed rule, and approval for the revised forms are approved by OMB, 
State agencies would continue with the current data collection 
requirements for the fiscal year 2003 reporting period. FNS anticipates 
the publication of the final rule early in 2003.
    FNS proposes that CSFP, FDPIR, and FSP State and local agencies 
begin collecting the racial/ethnic data for the revised reporting with 
new applications filed beginning no later than October 1, 2003 and in 
any event that caseload conversion be completed prior to the FY 2004 
report month. The revised reporting to FNS would be effective for the 
report month of April 2004 for the FNS-191 and the report month of July 
2004 for the FNS-101.
    FNS is requesting comments on the proposed reporting forms, FNS' 
estimate of the burden hours, and the proposed implementation date. We 
invite State agencies to include in their comments any estimates of 
significant cost increases that the proposed reporting changes may 
entail. We ask that State agencies be as specific as possible as to 
which data elements might increase costs most significantly. We also 
ask commenters to identify the program involved in their comments. 
After considering the comments, FNS will finalize the revised forms and 
include them in the burden package for OMB approval. FNS will formally 
announce the effective date(s) for each of the affected programs 
through implementing memoranda as appropriate and will provide copies 
of the revised forms at that time. The two revised forms follow this 
notice.
Burden Estimate
    Respondents: Local agencies that administer the CSFP, FDPIR, and 
FSP.
    Number of Respondents: 265 (101 for CSFP, 111 for FDPIR, and 53 for 
FSP).
    Estimated Number of Responses per Respondent:
    Form FNS-191: 101 local CSFP agencies once a year.
    Form FNS-101: 111 local FDPIR agencies and 53 State 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 176.75 total hours. There is 
an additional recordkeeping burden of .25 hours per respondent for 
maintaining the responses, or 25.25 hours. Total burden is 202 hours.
    Form FNS-101: The local FDPIR and State FSP agencies submit Form 
FNS-101 at an estimate of 1.75 hours per respondent, or 287 total 
hours. There is an additional burden of .25 hours per respondent for 
maintaining the responses, or 41 hours. The lower burden per respondent 
reflects the increased use of automation to complete the report. Total 
burden is 328 hours.
    Estimated Total Annual Burden on Respondents: The revised annual

[[Page 70919]]

reporting and recordkeeping burden for OMB No. 0584-0025 is estimated 
to be 530 hours, a reduction of 6,065 hours. The burden reduction is 
due primarily to the decrease in the number of agencies that will 
complete a report.

    Dated: November 21, 2002.
Roberto Salazar,
Administrator.
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[FR Doc. 02-30113 Filed 11-26-02; 8:45 am]
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