Adoption and Foster Care Analysis and Reporting System, 11450-11452 [2018-05038]
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Federal Register / Vol. 83, No. 51 / Thursday, March 15, 2018 / Proposed Rules
sradovich on DSK3GMQ082PROD with PROPOSALS
soliciting comments on the data
elements and their associated burden
through this ANPRM.
Public comments to this ANPRM will
allow us to assess whether and how we
can potentially reduce burden on title
IV–E agencies to report AFCARS data
while still adhering to the requirements
of section 479 of the Act and collecting
useful data that will inform efforts to
improve the child welfare system. We
encourage state and tribal title IV–E
agencies that did not previously
comment to do so now. Some state title
IV–E agencies provided in their
previous comments specific information
on compliance cost and burden
estimates; however, we received too few
estimates to reference for calculating the
cost and burden associated with this
final rule. We encourage agencies to be
as specific as possible when
commenting on this ANPRM. We will
take comments and estimates into
consideration in revising the regulation.
For a full picture of the AFCARS
regulation, we invite commenters to
review the AFCARS regulation and
accompanying information that CB
issued on our website, which can be
found here: https://www.acf.hhs.gov/cb/
laws-policies/whats-new.
II. Questions for Comment
1. Identify the data elements, nonICWA-related, that are overly
burdensome for state and tribal title IV–
E agencies and explain why. Please be
specific in identifying the data elements
and provide a rationale for why
collecting and reporting this
information is overly burdensome. If
possible, provide specific cost and
burden estimates related to the
following areas:
a. Recordkeeping hours spent
annually:
i. Searching data sources, gathering
information, and entering the
information into the electronic case
management system,
ii. Developing or modifying
procedures and systems to collect,
validate, and verify the information and
adjusting existing procedures to comply
with AFCARS requirements, and
iii. Training and administrative tasks
associated with training personnel on
the AFCARS requirements (e.g.,
reviewing instructions, developing the
training and manuals).
b. Reporting hours spent annually
extracting the information for AFCARS
reporting and transmitting the
information to ACF.
2. Previously, we received comments
regarding burden and the system
changes needed to report the ICWArelated data elements of the 2016
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SNPRM. We would like to receive more
detailed comments on the specific
limitations we should be aware of that
states will encounter in reporting the
ICWA-related data elements in the final
rule. Please be specific in identifying
the data elements and provide a
rationale for why this information is
overly burdensome. If possible, provide
specific cost and burden estimates
related to the following areas:
a. The number of children in foster
care who are considered Indian children
as defined in ICWA.
b. Recordkeeping hours spent
annually:
i. Searching data sources, gathering
information, and entering the
information into the electronic case
management system,
ii. Developing or modifying
procedures and systems to collect,
validate, and verify the information and
adjusting existing ways to comply with
AFCARS requirements, and
iii. Training and administrative tasks
associated with training personnel on
the AFCARS requirements (e.g.,
reviewing instructions, developing the
training and manuals).
c. Reporting hours spent annually
extracting the information for AFCARS
reporting and transmitting the
information to ACF.
3. Previously, we received comments
that particular data elements did not
lend themselves to national statistics
and were best assessed with qualitative
methods such as case review. Please
provide specific recommendations on
which data elements in the regulation to
retain that are important to
understanding and assessing the foster
care population at the national level.
Also, provide a rationale for your
suggestion that may include its
relevance to monitor compliance with
the title IV–B and IV–E programs or
another strong justification for using the
data at the national level.
4. Previously we received comments
noting concerns with variability in some
of the data elements across states and
within jurisdictions. Please provide
specific suggestions to simplify data
elements to facilitate the consistent
collection and reporting of AFCARS
data. Also, provide a rationale for each
suggestion and how the simplification
would still yield pertinent data.
5. Previously we received comments
questioning the utility, reliability, and
purpose of certain data elements at the
national level. Provide specific
recommendations on which data
elements in the regulation to remove
because they would not yield reliable
national information about children
involved with the child welfare system
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Fmt 4702
Sfmt 4702
or are not needed for monitoring the
title IV–B and IV–E programs. Please be
specific in identifying the data elements
and provide a rationale for why this
information would not be reliable or is
not necessary.
Dated: February 27, 2018.
Steven Wagner,
Acting Assistant Secretary for Children and
Families.
Approved: March 8, 2018.
Alex M. Azar II,
Secretary.
[FR Doc. 2018–05042 Filed 3–13–18; 8:45 am]
BILLING CODE 4184–25–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Administration for Children and
Families
45 CFR Part 1355
RIN 0970–AC47
Adoption and Foster Care Analysis
and Reporting System
Children’s Bureau (CB);
Administration on Children, Youth and
Families (ACYF); Administration for
Children and Families (ACF);
Department of Health and Human
Services (HHS).
ACTION: Notice of Proposed Rulemaking;
delay of compliance and effective dates.
AGENCY:
The Children’s Bureau
proposes to delay the compliance and
effective dates in the Adoption and
Foster Care Analysis and Reporting
System (AFCARS) 2016 final rule for
title IV–E agencies to comply with
agency rules for an additional two fiscal
years. We propose to delay the
compliance and effective dates at the
same time we seek public comment
through an Advance Notice of Proposed
Rulemaking (ANPRM), published
elsewhere in this issue of the Federal
Register, on suggestions to streamline
the AFCARS data elements and remove
any undue burden related to reporting
AFCARS.
DATES: In order to be considered, we
must receive written comments on this
NPRM on or before April 16, 2018.
ADDRESSES: You may submit comments,
identified by [docket number and/or
RIN number], by one of the following
methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Email: CBComments@acf.hhs.gov.
Include [docket number and/or RIN
number] in subject line of the message.
SUMMARY:
E:\FR\FM\15MRP1.SGM
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sradovich on DSK3GMQ082PROD with PROPOSALS
Federal Register / Vol. 83, No. 51 / Thursday, March 15, 2018 / Proposed Rules
• Mail: Written comments may be
submitted to Kathleen McHugh, United
States Department of Health and Human
Services, Administration for Children
and Families, Director, Policy Division,
330 C Street SW, Washington, DC
20024. Please be aware that mail sent in
response to this NPRM may take an
additional 3 to 4 days to process due to
security screening of mail.
Instructions: All submissions received
must include the agency name and
docket number or Regulatory
Information Number (RIN) for this
rulemaking. All comments received will
be posted without change to https://
www.regulations.gov, including any
personal information provided.
FOR FURTHER INFORMATION CONTACT:
Kathleen McHugh, Division of Policy,
Children’s Bureau at (202) 401–5789.
SUPPLEMENTARY INFORMATION: In the
AFCARS final rule issued on December
14, 2016 (81 FR 90524), ACF provided
an implementation timeframe of two
fiscal years for title IV–E agencies to
comply with 45 CFR 1355.41 through
1355.47 (81 FR 90529). On February 24,
2017, the President issued Executive
Order 13777 on Enforcing the
Regulatory Reform Agenda. In response
to the President’s direction that federal
agencies establish a Regulatory Reform
Task Force to review existing
regulations and make recommendations
regarding their repeal, replacement, or
modification, the HHS Task Force
identified the AFCARS regulation as
one where there may be areas for
reducing reporting burden.
Therefore, we are engaging in two
regulatory actions to adhere to our
obligations under the EO. Through this
NPRM, ACF proposes to revise
§ 1355.40 to provide an additional two
fiscal years to comply with §§ 1355.41
through 1355.47. ACF also proposes to
delay the effective dates of instructions
3 and 5 in the rule published December
14, 2016 (81 FR 90524), from October 1,
2019, to October 1, 2021. If this rule is
finalized, the implementation timeframe
would be delayed for title IV–E agencies
to make revisions to their systems to
comply with §§ 1355.41 through
1355.47. This NPRM is open for a 30day comment period. Per Executive
Order 12866, the typical comment
period is 60 days. However, the reasons
for the shorter comment period for this
NPRM is that any delay in issuing a
final rulemaking might lead to title IV–
E agencies diverting resources to
unnecessary changes to their systems to
comply with the December 2016
AFCARS final rule. Furthermore, this
rule does not establish additional
regulatory obligations or impose any
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Jkt 244001
additional burden on regulated entities.
ACF believes that a 30-day comment
period on this non-substantive
rulemaking is a sufficient amount of
time for the public to comment and ACF
does not believe that a 30-day comment
period will hamper public comment.
ACF is publishing an ANPRM elsewhere
in this issue of the Federal Register to
seek suggestions on streamlining the
data elements and potentially reducing
burden to title IV–E agencies to report
AFCARS data.
Section-by-Section Discussion
Section 1355.40 Foster Care and
Adoption Data Collection
We propose to revise the compliance
date in the regulation to provide an
additional two fiscal years to comply
with §§ 1355.41 through 1355.47. State
and tribal title IV–E agencies must
continue to report AFCARS data in the
same manner they do currently, per
§ 1355.40 and appendices A through E
of part 1355 until September 30, 2021.
We propose that as of October 1, 2021,
state and tribal title IV–E agencies must
comply with §§ 1355.41 through
1355.47.
In assessing the AFCARS regulation
in response to E.O. 13777, we identified
the following issues:
• In the December 2016 final rule,
there are 272 individual data points, of
which 153 data points are new items
added to AFCARS. Of the 153 data
points, 65 are new items related to the
Indian Child Welfare Act (ICWA).
• State commenters expressed
concerns with data points that could not
be easily reported to AFCARS because
they are qualitative data points of which
nuances about the circumstances of the
child cannot be reported to AFCARS a
quantitative data system, they are of a
sensitive nature, or could not be
aggregated easily at the national level
for national statistics. These points
included child, adoptive parent,
guardian, and foster parent sexual
orientation, health assessments,
educational information, adoption and
guardianship subsidy amounts, and
information on legal guardians.
• The scope and complexity of data
elements related to ICWA was also a
concern. We note that most of the
ICWA-related data elements in the
December 2016 AFCARS final rule are
not tied to statutory reporting
requirements in title IV–E or IV–B.
Rather, they were finalized to be
consistent with the Department of
Interior’s (DOI) final rule on ICWA
(published on June 14, 2016, 81 FR
38778) which is directed to state courts.
Furthermore, the majority of the ICWA-
PO 00000
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Fmt 4702
Sfmt 4702
11451
related data elements related to
activities undertaken by the court are
not routinely collected in child welfare
electronic databases. The court findings
and other activity taking place before
the court represent a shift away from a
child welfare agency reporting on its
own activity to reporting on the activity
of an independent third party. This
raises questions of efficiency, reliability
and consistency, which section
479(c)(1) and 479(c)(2) of the Social
Security Act require for the AFCARS
data collection.
• We also anticipate states having
many questions about how to report the
ICWA-related data elements. HHS has
no expertise in ICWA compliance,
statute, and regulations and is not the
cognizant authority over it, yet the
December 2016 final rule places HHS in
the position of interpreting various
ICWA requirements when providing
technical assistance to state title IV–E
agencies on how to report on those data
elements. How states report the data
ultimately impacts practice, potentially
introducing inconsistency with DOJ and
DOI’s interpretation of ICWA.
• Costs for system changes, training
to consistently collect and report ICWArelated data and time to gather/enter
data (sometimes manually) into the case
management system.
The Supplemental Notice of Proposed
Rulemaking that added the ICWA
compliance data elements to the
AFCARS was only open for comment
for 30 days. This was an insufficient
amount of time for states to fairly
analyze unfamiliar data elements,
accurately calculate burden associated
with these elements, and move any
comments through their chain of
command for submission to HHS for
consideration. The ANPRM, on the
other hand, will be open for comment
for 90 days. It asks title IV–E agencies
and the public to comment on the data
elements of the December 2016 final
rule.
Therefore, in order to get additional
feedback on these and other issues we
are issuing a proposed rule to delay
implementation of the December 2016
AFCARS final rule. As States must go to
the expense to revise their data
collection systems in response to the
December 2016 final rule, we do not
want states to incur these costs
unnecessarily as we further assess
burden under the rule. This is an
opportunity for commenters to provide
HHS with specific feedback on the data
elements and how HHS can revise
AFCARS to balance updating
requirements, the need for better data,
and the burden on title IV–E agencies.
Through the aforementioned ANPRM
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Federal Register / Vol. 83, No. 51 / Thursday, March 15, 2018 / Proposed Rules
Regulatory Impact Analysis
Executive Orders 12866, 13563, and
13771
Executive Orders 12866 and 13563
direct agencies to assess all costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). Executive Order 13563
emphasizes the importance of
quantifying both costs and benefits, of
reducing costs, of harmonizing rules,
and of promoting flexibility. ACF
consulted with the Office of
Management and Budget (OMB) and
determined that this rule does meet the
criteria for a significant regulatory
action under E.O. 12866. Thus, it was
subject to OMB review. ACF determined
that the costs to title IV–E agencies as
a result of this rule will not be
significant as defined in Executive
Order 12866 (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). Because the rule is not
economically significant as defined in
E.O. 12866, no cost-benefit analysis
needs to be included in this NPRM. This
proposed rule, if finalized as proposed,
would be considered an E.O. 13771
deregulatory action.
Regulatory Flexibility Analysis
The Secretary certifies, under 5 U.S.C.
605(b), as enacted by the Regulatory
Flexibility Act (Pub. L. 96–354), that
this proposed rule will not result in a
significant impact on a substantial
number of small entities. This proposed
rule does not affect small entities
because it is applicable only to state and
tribal title IV–E agencies.
sradovich on DSK3GMQ082PROD with PROPOSALS
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
(Pub. L. 104–4) requires agencies to
prepare an assessment of anticipated
costs and benefits before proposing any
rule that may result in an annual
expenditure by state, local, and tribal
governments, in the aggregate, or by the
private sector, of $100 million or more
(adjusted annually for inflation). That
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Jkt 244001
threshold level is currently
approximately $146 million. This
proposed rule does not impose any
mandates on state, local, or tribal
governments, or the private sector that
will result in an annual expenditure of
$146 million or more.
Dated: February 27, 2018.
Steven Wagner,
Acting Assistant Secretary for Children and
Families.
Congressional Review
commenters will have the opportunity
to tie ICWA related data elements to
HHS functions/provisions thus
adequately justifying their inclusion in
the AFCARS collection.
For the reasons set forth in the
preamble, we propose to amend 45 CFR
part 1355 as follows:
This regulation is not a major rule as
defined in 5 U.S.C. 8.
Assessment of Federal Regulations and
Policies on Families
Section 654 of the Treasury and
General Government Appropriations
Act of 2000 (Pub. L. 106–58) requires
federal agencies to determine whether a
policy or regulation may affect family
well-being. If the agency’s
determination is affirmative, then the
agency must prepare an impact
assessment addressing seven criteria
specified in the law. This proposed rule
will not have an impact on family wellbeing as defined in the law.
Paperwork Reduction Act
Under the Paperwork Reduction Act
(44 U.S.C. 35, as amended) (PRA), all
Departments are required to submit to
OMB for review and approval any
reporting or recordkeeping requirements
inherent in a proposed or final rule.
PRA rules require that ACF estimate the
total burden created by this proposed
rule regardless of what information is
available. ACF provides burden and cost
estimates using the best available
information. Information collection for
AFCARS is currently authorized under
OMB number 0970–0422. This notice of
proposed rulemaking does not make
changes to the AFCARS requirements
for title IV–E agencies; it delays the
effective date and provides title IV–E
agencies with additional time to comply
with sections 1355.41 through 1355.47.
Thus, the annual burden hours for
recordkeeping and reporting does not
change from those currently authorized
under OMB number 0970–0422.
Therefore, we are not seeking comments
on any information collection
requirements through this NPRM.
List of Subjects in 45 CFR Part 1355
Adoption and foster care, Child
welfare, Computer technology, Grant
programs—social programs, Reporting
and recordkeeping requirements.
(Catalog of Federal Domestic Assistance
Program Number 93.658, Foster Care
Maintenance; 93.659, Adoption Assistance;
93.645, Child Welfare Services—State
Grants).
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Fmt 4702
Sfmt 4702
Approved: March 8, 2018.
Alex M. Azar II,
Secretary.
PART 1355—GENERAL
1. The authority citation for part 1355
continues to read as follows:
■
Authority: 42 U.S.C. 620 et seq., 42 U.S.C.
670 et seq., 42 U.S.C. 1302.
2. Amend § 1355.40 by revising
paragraph (a) to read as follows:
■
§ 1355.40 Foster care and adoption data
collection.
(a) Scope. State and tribal title IV–E
agencies must follow the requirements
of this section and appendices A
through E of this part until September
30, 2021. As of October 1, 2021, state
and tribal title IV–E agencies must
comply with §§ 1355.41 through
1355.47.
*
*
*
*
*
[FR Doc. 2018–05038 Filed 3–13–18; 8:45 am]
BILLING CODE 4184–25–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 54
[WC Docket Nos. 17–287, 11–42, and 09–
197; Report No. 3087]
Petitions for Reconsideration of Action
in Rulemaking Proceeding
Federal Communications
Commission.
ACTION: Petitions for Reconsideration;
correction.
AGENCY:
The Federal Communications
Commission (Commission) published a
document in the Federal Register of
March 2, 2018 (83 FR 8962), regarding
Petitions for Reconsideration filed in the
Commission’s rulemaking proceeding.
The document contained the incorrect
deadline for filing replies to an
opposition to the Petitions. This
document corrects the deadline for
replies to an opposition to the Petitions.
DATES: Oppositions to the Petitions
must be filed on or before March 19,
2018. Replies to an opposition must be
filed on or before March 29, 2018.
ADDRESSES: Federal Communications
Commission, 445 12th Street SW,
Washington, DC 20554.
SUMMARY:
E:\FR\FM\15MRP1.SGM
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]]>Agencies
[Federal Register Volume 83, Number 51 (Thursday, March 15, 2018)]
[Proposed Rules]
[Pages 11450-11452]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-05038]
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children and Families
45 CFR Part 1355
RIN 0970-AC47
Adoption and Foster Care Analysis and Reporting System
AGENCY: Children's Bureau (CB); Administration on Children, Youth and
Families (ACYF); Administration for Children and Families (ACF);
Department of Health and Human Services (HHS).
ACTION: Notice of Proposed Rulemaking; delay of compliance and
effective dates.
-----------------------------------------------------------------------
SUMMARY: The Children's Bureau proposes to delay the compliance and
effective dates in the Adoption and Foster Care Analysis and Reporting
System (AFCARS) 2016 final rule for title IV-E agencies to comply with
agency rules for an additional two fiscal years. We propose to delay
the compliance and effective dates at the same time we seek public
comment through an Advance Notice of Proposed Rulemaking (ANPRM),
published elsewhere in this issue of the Federal Register, on
suggestions to streamline the AFCARS data elements and remove any undue
burden related to reporting AFCARS.
DATES: In order to be considered, we must receive written comments on
this NPRM on or before April 16, 2018.
ADDRESSES: You may submit comments, identified by [docket number and/or
RIN number], by one of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Email: [email protected]. Include [docket number and/
or RIN number] in subject line of the message.
[[Page 11451]]
Mail: Written comments may be submitted to Kathleen
McHugh, United States Department of Health and Human Services,
Administration for Children and Families, Director, Policy Division,
330 C Street SW, Washington, DC 20024. Please be aware that mail sent
in response to this NPRM may take an additional 3 to 4 days to process
due to security screening of mail.
Instructions: All submissions received must include the agency name
and docket number or Regulatory Information Number (RIN) for this
rulemaking. All comments received will be posted without change to
https://www.regulations.gov, including any personal information
provided.
FOR FURTHER INFORMATION CONTACT: Kathleen McHugh, Division of Policy,
Children's Bureau at (202) 401-5789.
SUPPLEMENTARY INFORMATION: In the AFCARS final rule issued on December
14, 2016 (81 FR 90524), ACF provided an implementation timeframe of two
fiscal years for title IV-E agencies to comply with 45 CFR 1355.41
through 1355.47 (81 FR 90529). On February 24, 2017, the President
issued Executive Order 13777 on Enforcing the Regulatory Reform Agenda.
In response to the President's direction that federal agencies
establish a Regulatory Reform Task Force to review existing regulations
and make recommendations regarding their repeal, replacement, or
modification, the HHS Task Force identified the AFCARS regulation as
one where there may be areas for reducing reporting burden.
Therefore, we are engaging in two regulatory actions to adhere to
our obligations under the EO. Through this NPRM, ACF proposes to revise
Sec. 1355.40 to provide an additional two fiscal years to comply with
Sec. Sec. 1355.41 through 1355.47. ACF also proposes to delay the
effective dates of instructions 3 and 5 in the rule published December
14, 2016 (81 FR 90524), from October 1, 2019, to October 1, 2021. If
this rule is finalized, the implementation timeframe would be delayed
for title IV-E agencies to make revisions to their systems to comply
with Sec. Sec. 1355.41 through 1355.47. This NPRM is open for a 30-day
comment period. Per Executive Order 12866, the typical comment period
is 60 days. However, the reasons for the shorter comment period for
this NPRM is that any delay in issuing a final rulemaking might lead to
title IV-E agencies diverting resources to unnecessary changes to their
systems to comply with the December 2016 AFCARS final rule.
Furthermore, this rule does not establish additional regulatory
obligations or impose any additional burden on regulated entities. ACF
believes that a 30-day comment period on this non-substantive
rulemaking is a sufficient amount of time for the public to comment and
ACF does not believe that a 30-day comment period will hamper public
comment. ACF is publishing an ANPRM elsewhere in this issue of the
Federal Register to seek suggestions on streamlining the data elements
and potentially reducing burden to title IV-E agencies to report AFCARS
data.
Section-by-Section Discussion
Section 1355.40 Foster Care and Adoption Data Collection
We propose to revise the compliance date in the regulation to
provide an additional two fiscal years to comply with Sec. Sec.
1355.41 through 1355.47. State and tribal title IV-E agencies must
continue to report AFCARS data in the same manner they do currently,
per Sec. 1355.40 and appendices A through E of part 1355 until
September 30, 2021. We propose that as of October 1, 2021, state and
tribal title IV-E agencies must comply with Sec. Sec. 1355.41 through
1355.47.
In assessing the AFCARS regulation in response to E.O. 13777, we
identified the following issues:
In the December 2016 final rule, there are 272 individual
data points, of which 153 data points are new items added to AFCARS. Of
the 153 data points, 65 are new items related to the Indian Child
Welfare Act (ICWA).
State commenters expressed concerns with data points that
could not be easily reported to AFCARS because they are qualitative
data points of which nuances about the circumstances of the child
cannot be reported to AFCARS a quantitative data system, they are of a
sensitive nature, or could not be aggregated easily at the national
level for national statistics. These points included child, adoptive
parent, guardian, and foster parent sexual orientation, health
assessments, educational information, adoption and guardianship subsidy
amounts, and information on legal guardians.
The scope and complexity of data elements related to ICWA
was also a concern. We note that most of the ICWA-related data elements
in the December 2016 AFCARS final rule are not tied to statutory
reporting requirements in title IV-E or IV-B. Rather, they were
finalized to be consistent with the Department of Interior's (DOI)
final rule on ICWA (published on June 14, 2016, 81 FR 38778) which is
directed to state courts. Furthermore, the majority of the ICWA-related
data elements related to activities undertaken by the court are not
routinely collected in child welfare electronic databases. The court
findings and other activity taking place before the court represent a
shift away from a child welfare agency reporting on its own activity to
reporting on the activity of an independent third party. This raises
questions of efficiency, reliability and consistency, which section
479(c)(1) and 479(c)(2) of the Social Security Act require for the
AFCARS data collection.
We also anticipate states having many questions about how
to report the ICWA-related data elements. HHS has no expertise in ICWA
compliance, statute, and regulations and is not the cognizant authority
over it, yet the December 2016 final rule places HHS in the position of
interpreting various ICWA requirements when providing technical
assistance to state title IV-E agencies on how to report on those data
elements. How states report the data ultimately impacts practice,
potentially introducing inconsistency with DOJ and DOI's interpretation
of ICWA.
Costs for system changes, training to consistently collect
and report ICWA-related data and time to gather/enter data (sometimes
manually) into the case management system.
The Supplemental Notice of Proposed Rulemaking that added the ICWA
compliance data elements to the AFCARS was only open for comment for 30
days. This was an insufficient amount of time for states to fairly
analyze unfamiliar data elements, accurately calculate burden
associated with these elements, and move any comments through their
chain of command for submission to HHS for consideration. The ANPRM, on
the other hand, will be open for comment for 90 days. It asks title IV-
E agencies and the public to comment on the data elements of the
December 2016 final rule.
Therefore, in order to get additional feedback on these and other
issues we are issuing a proposed rule to delay implementation of the
December 2016 AFCARS final rule. As States must go to the expense to
revise their data collection systems in response to the December 2016
final rule, we do not want states to incur these costs unnecessarily as
we further assess burden under the rule. This is an opportunity for
commenters to provide HHS with specific feedback on the data elements
and how HHS can revise AFCARS to balance updating requirements, the
need for better data, and the burden on title IV-E agencies. Through
the aforementioned ANPRM
[[Page 11452]]
commenters will have the opportunity to tie ICWA related data elements
to HHS functions/provisions thus adequately justifying their inclusion
in the AFCARS collection.
Regulatory Impact Analysis
Executive Orders 12866, 13563, and 13771
Executive Orders 12866 and 13563 direct agencies to assess all
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. ACF consulted with the Office of Management and Budget
(OMB) and determined that this rule does meet the criteria for a
significant regulatory action under E.O. 12866. Thus, it was subject to
OMB review. ACF determined that the costs to title IV-E agencies as a
result of this rule will not be significant as defined in Executive
Order 12866 (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). Because the rule is not economically significant as
defined in E.O. 12866, no cost-benefit analysis needs to be included in
this NPRM. This proposed rule, if finalized as proposed, would be
considered an E.O. 13771 deregulatory action.
Regulatory Flexibility Analysis
The Secretary certifies, under 5 U.S.C. 605(b), as enacted by the
Regulatory Flexibility Act (Pub. L. 96-354), that this proposed rule
will not result in a significant impact on a substantial number of
small entities. This proposed rule does not affect small entities
because it is applicable only to state and tribal title IV-E agencies.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act (Pub. L. 104-4) requires agencies
to prepare an assessment of anticipated costs and benefits before
proposing any rule that may result in an annual expenditure by state,
local, and tribal governments, in the aggregate, or by the private
sector, of $100 million or more (adjusted annually for inflation). That
threshold level is currently approximately $146 million. This proposed
rule does not impose any mandates on state, local, or tribal
governments, or the private sector that will result in an annual
expenditure of $146 million or more.
Congressional Review
This regulation is not a major rule as defined in 5 U.S.C. 8.
Assessment of Federal Regulations and Policies on Families
Section 654 of the Treasury and General Government Appropriations
Act of 2000 (Pub. L. 106-58) requires federal agencies to determine
whether a policy or regulation may affect family well-being. If the
agency's determination is affirmative, then the agency must prepare an
impact assessment addressing seven criteria specified in the law. This
proposed rule will not have an impact on family well-being as defined
in the law.
Paperwork Reduction Act
Under the Paperwork Reduction Act (44 U.S.C. 35, as amended) (PRA),
all Departments are required to submit to OMB for review and approval
any reporting or recordkeeping requirements inherent in a proposed or
final rule. PRA rules require that ACF estimate the total burden
created by this proposed rule regardless of what information is
available. ACF provides burden and cost estimates using the best
available information. Information collection for AFCARS is currently
authorized under OMB number 0970-0422. This notice of proposed
rulemaking does not make changes to the AFCARS requirements for title
IV-E agencies; it delays the effective date and provides title IV-E
agencies with additional time to comply with sections 1355.41 through
1355.47. Thus, the annual burden hours for recordkeeping and reporting
does not change from those currently authorized under OMB number 0970-
0422. Therefore, we are not seeking comments on any information
collection requirements through this NPRM.
List of Subjects in 45 CFR Part 1355
Adoption and foster care, Child welfare, Computer technology, Grant
programs--social programs, Reporting and recordkeeping requirements.
(Catalog of Federal Domestic Assistance Program Number 93.658,
Foster Care Maintenance; 93.659, Adoption Assistance; 93.645, Child
Welfare Services--State Grants).
Dated: February 27, 2018.
Steven Wagner,
Acting Assistant Secretary for Children and Families.
Approved: March 8, 2018.
Alex M. Azar II,
Secretary.
For the reasons set forth in the preamble, we propose to amend 45
CFR part 1355 as follows:
PART 1355--GENERAL
0
1. The authority citation for part 1355 continues to read as follows:
Authority: 42 U.S.C. 620 et seq., 42 U.S.C. 670 et seq., 42
U.S.C. 1302.
0
2. Amend Sec. 1355.40 by revising paragraph (a) to read as follows:
Sec. 1355.40 Foster care and adoption data collection.
(a) Scope. State and tribal title IV-E agencies must follow the
requirements of this section and appendices A through E of this part
until September 30, 2021. As of October 1, 2021, state and tribal title
IV-E agencies must comply with Sec. Sec. 1355.41 through 1355.47.
* * * * *
[FR Doc. 2018-05038 Filed 3-13-18; 8:45 am]
BILLING CODE 4184-25-P
