[Federal Register Volume 70, Number 247 (Tuesday, December 27, 2005)]
[Proposed Rules]
[Pages 76435-76436]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-24444]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Health Resources and Services Administration

42 CFR Part 51a

RIN  0906-AA70


Healthy Tomorrows Partnership for Children Program (HTPC)

AGENCY: Health Resources and Services Administration (HRSA), HHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: This notice sets forth the Secretary's proposal to require 
HTPC grant recipients to contribute non-Federal matching funds in years 
2 through 5 of the project period equal to two times the amount of the 
Federal Grant Award or such lesser amount determined by the Secretary 
for good cause shown.

DATES: To be considered, comments on this proposed rule must be 
submitted by February 27, 2006. Subject to consideration of the 
comments submitted, the Department intends to publish final 
regulations.

ADDRESSES: See Supplementary Information Request for Comments section 
for addresses for submitting all comments concerning this proposed 
rule.

FOR FURTHER INFORMATION CONTACT: Jose Belardo, J.D., 301-443-0757.

SUPPLEMENTARY INFORMATION:

Background

    Authorized by 42 U.S.C. 701(a)(3), the HTPC is a grant program 
funded and administered by the Health Resources and Services 
Administration's (HRSA) Maternal and Child Health Bureau (MCHB). Its 
purpose is to stimulate innovative community-based programs that employ 
prevention strategies to promote access to health care for children and 
their families nationwide by providing grant funds to implement a new 
or enhance an existing child health initiative. Currently, there are 58 
HTPC funded projects. In fiscal year (FY) 2005 48 projects are 
continuing grantees and 10 are newly funded.
    Since the inception of this grant program in 1989, the HTPC has 
issued a programmatic requirement in its guidance that grant applicants 
must demonstrate the capability to meet cost participation goals by 
securing non-Federal matching funds and/or in-kind resources for the 
second through fifth years of the project. One of the key goals of this 
initiative is that funded programs are to be sustainable beyond the 5-
year

[[Page 76436]]

Federal funding period. In 1999, a formal evaluation of the HTPC The 
Healthy Tomorrows Partnership for Children Program in Review: Analysis 
and Findings of a Descriptive Survey was completed, and the authors 
concluded that the required match fosters long-term sustainability and 
leveraging of community resources. There was a 70 percent 
sustainability rate for those projects with activities that were 
sustained after the Federal funding period.
    This NPRM proposes to formally introduce a cost participation 
component to the HTPC grant program, thus requiring its grantees to 
contribute non-Federal matching funds and/or in-kind resources in years 
2 through 5 of the 5-year project period equal to two times the amount 
of the Federal Grant Award or such lesser amount determined by the 
Secretary for good cause shown. The non-Federal matching funds and/or 
in-kind resources must come from non-Federal funds, including, but not 
limited to, individuals, corporations, foundations, in-kind resources, 
or State and local agencies. Documentation of matching funds would be 
required (i.e., specific sources, funding level, in-kind 
contributions). Reimbursement for services provided to an individual 
under a State plan under Title XIX will not be deemed ``non-Federal 
matching funds'' for the purposes of this provision.

Request for Comments

    The Secretary invites public comment as to the advisability of 
including a cost participation/matching component to the HTPC. You may 
submit comments, identified by RIN 0906-AA70, by any of the 
following methods:
     Federal eRulemaking Portal:  http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Agency Web Site: http://www.hrsa.gov/. Follow the 
instructions for submitting comments on the Agency Web site.
     E-mail: [email protected]. Include RIN 0906-AA70 
in the subject line of the message.
     Fax: 301-443-4842
     Mail: Jose Belardo, J.D., Division of Research, Training 
and Education, Maternal and Child Health Bureau, Health Resources and 
Services Administration, 5600 Fishers Lane, Room 18A-55, Rockville, MD 
20857.
     Hand Delivery/Courier: Jose Belardo, J.D., Division of 
Research, Training and Education (DRTE), MCHB, HRSA, 5600 Fishers Lane, 
Room 18A-55, Rockville, MD 20857.
    Instructions: All submissions received must include the agency name 
and Regulatory Information Number (RIN) for this rulemaking. All 
comments received will be posted without change to http://www.hrsa.gov/
, including any personal information provided. Docket: For access to 
the docket to read background documents or comments received go to 
DRTE, MCHB, HRSA, 5600 Fishers Lane, Rockville, Maryland weekdays 
between the hours of 8:30 a.m. and 5 p.m. To schedule an appointment to 
view public comments, phone (301) 443-0757.

Economic and Regulatory Impact

Executive Order 12866--Regulatory Planning and Review

    HRSA has examined the economic implications of this proposed rule 
as required by Executive Order 12866. Executive Order 12866 directs 
agencies to assess all costs and benefits of available regulatory 
alternatives and, when regulation is necessary, to select regulatory 
approaches that maximize net benefits (including potential economic, 
environmental, public health and safety, and other advantages; 
distributive impacts; and equity). Executive Order 12866 classifies a 
rule as significant if it meets any one of a number of specified 
conditions, including: having an annual effect on the economy of $100 
million, adversely affecting a sector of the economy in a material way, 
adversely affecting competition, or adversely affecting jobs. A 
regulation is also considered a significant regulatory action if it 
raises novel legal or policy issues.
    HRSA concludes that this proposed rule is a significant regulatory 
action under the Executive Order since it raises novel legal and policy 
issues under Section 3(f)(4). HRSA concludes, however, that this 
proposed rule does not meet the significance threshold of $100 million 
effect on the economy in any one year under Section 3(f)(1). HRSA 
requests comments regarding this determination, and invites commenters 
to submit any relevant data that will assist the Agency in estimating 
the impact of this rulemaking.

Impact of the New Rule

    Inclusion of this rule will greatly enhance grant recipients' 
ability to achieve the HTPC goal/performance measure of program 
sustainability beyond the 5-year Federal funding period.

Paperwork Reduction Act of 1995

    The proposed rule does not impose any new data collection 
requirements.

List of Subjects in 42 CFR Part 51a

    Grant programs--Handicapped, Health, Health care, Health 
professions, Maternal and Child Health.

    Dated: April 20, 2005.
Elizabeth M. Duke,
Administrator, Health Resources and Services Administraion.
    Approved: November 4, 2005.
Michael O. Leavitt,
Secretary.

    For the reasons set forth in the preamble, HRSA proposes to amend 
42 CFR part 51a as follows:

PART 51a--PROJECT GRANTS FOR MATERNAL AND CHILD HEALTH

    1. The authority citation for part 51a continues to read as 
follows:

    Authority: 42 U.S.C. 1302; 42 U.S.C. 702(a), 702(b)(1)(A) and 
706(a)(3).

    2. Amend Sec.  51a.8 to add paragraph (c) to read as follows:


Sec.  51a.8  What other conditions apply to these grants?

* * * * *
    (c) Grant recipients of Healthy Tomorrows Partnership for Children 
Program, a Community Integrated Service System-funded initiative, must 
contribute non-Federal matching funds in years 2 through 5 of the 
project period equal to two times the amount of the Federal Grant Award 
or such lesser amount determined by the Secretary for good cause shown. 
Reimbursement for services provided to an individual under a State plan 
under Title XIX will not be deemed ``non-Federal matching funds'' for 
the purposes of this provision.

[FR Doc. 05-24444 Filed 12-23-05; 8:45 am]
BILLING CODE 4165-15-P