[Federal Register Volume 66, Number 109 (Wednesday, June 6, 2001)]
[Notices]
[Pages 30404-30405]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-14153]


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DEPARTMENT OF AGRICULTURE

Food and Nutrition Service


Agency Information Collection Activities: Proposed Collection; 
Comment Request--Repayment Demand and Program Disqualification

AGENCY: Food and Nutrition Service, USDA.

ACTION: Notice.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, this 
Notice invites the general public and other public agencies to comment 
on proposed information collections. This Notice of Proposed 
Information Collection announces the intent of the Food and Nutrition 
Service to extend the information collection requirements associated 
with initiating collection actions against households who have received 
an overissuance in the Food Stamp Program. In addition, this Notice 
announces the Food and Nutrition Service's intent to extend the 
information collection requirements associated with intentional Program 
violation determinations.

DATES: Written comments must be submitted on or before August 6, 2001 
to be assured consideration.

ADDRESSES: Send comments to Barbara Hallman, Chief, State 
Administration Branch, Food and Nutrition Service, USDA, 3101 Park 
Center Drive, Room 820, Alexandria, Virginia, 22302.
    Pursuant to the Paperwork Reduction Act of 1995 (44 U.S.C. 3507), 
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: For initiating collection action, 
contact Susan Beard. For intentional Program violation (IPV) 
determination, contact Greg Fortine. Both may be reached at (703) 305-
2383.

SUPPLEMENTARY INFORMATION:
    Title: Repayment Demand and Program Disqualification.
    OMB Number: 0584-0492.
    Form Number: None.
    Expiration Date: August 31, 2001.
    Type of Request: Revision of a currently approved collection.
    Abstract: Section 13(b) of the Food Stamp Act of 1977, as amended, 
(7 U.S.C. 2022(b)) and Food Stamp Program (FSP) regulations at 7 CFR 
273.18 require State agencies to initiate collection action against 
households that have been overissued benefits. To initiate collection 
action, State agencies need to provide an affected household with 
written notification informing the household of the claim and demanding 
repayment. This process is automated in most State agencies. For 
initiating collection action on an overissuance, we are reducing the 
estimated annual reporting and recordkeeping burden for State agencies 
and households from 148,846 hours to 116,400 hours. The reason for the 
decline is to reflect the lower number of claims that were established 
in fiscal year (FY) 2000.
    Note that, for recipient claims, this Federal Register Notice only 
covers the reporting and recordkeeping burden for initiating collection 
action. The burden associated with reporting collections and other 
claims management information on the FNS-209 report is covered under 
currently approved OMB number 0584-0069. The burden associated with 
referring delinquent claims and receiving collections through the 
Treasury Offset Program is covered under currently approved OMB number 
0584-0446.
    FSP regulations at 7 CFR 273.16 require State agencies to 
investigate any case of suspected fraud, and, where applicable, make an 
IPV determination either administratively or judicially. Notifications 
and activity involved in the IPV process include:
    <bullet> The State agency providing written notification informing 
an individual suspected of committing an IPV of an impending 
administrative disqualification hearing or court action.
    <bullet> An individual opting to accept the disqualification and 
waiving the right to an administrative disqualification hearing or 
court action by signing either a waiver to an administrative 
disqualification hearing or a disqualification consent agreement in 
cases of deferred adjudication.
    <bullet> Once a determination is made regarding an IPV, the State 
agency sends

[[Page 30405]]

notification to the affected individual of the action taken on the 
administrative disqualification hearing or court decision.
    Despite the decrease in FSP participation, IPV activity has not 
experienced a similar decline. While no discernible trend exists in 
recent year disqualification data, available data from FY 2000 shows a 
small decrease in IPV activity when compared to the data used to 
establish the existing burden. Therefore, we are decreasing the State 
agency and household annual reporting and recordkeeping burden for the 
activities related to IPV disqualifications from 36,628 hours to 34,254 
hours.
    In addition, one of the factors used by a State agency to determine 
the appropriate disqualification penalty to assign to an individual is 
whether or not the individual was found to have committed any prior 
IPVs. The way that State agencies make this determination is by 
accessing and checking the Disqualified Recipient Subsystem (DRS). DRS 
is an automated system developed by the Food and Nutrition Service that 
contains records of disqualifications in every State. State agencies 
are responsible for updating the system and checking it to determine 
the appropriate length of each disqualification. The burden associated 
with State use of DRS for IPVs was not included in this original OMB-
approved burden. We now intend to incorporate this activity under this 
OMB burden number. The additional annual burden associated with the DRS 
process is estimated at 14,340 hours per year.

Summary of Estimated Burden

    The net aggregate change from the existing to the proposed annual 
burden for this entire Proposed Collection is a decrease of 20,480 
hours. For initiating collection action on an overissuance, we are 
reducing the estimated annual burden for State agencies and households 
from 148,846 hours to 116,400 hours to reflect the lower number of 
claims established in FY 2000. The IPV-related State agency and 
household annual burden, is being reduced from 36,628 hours to 34,254 
hours to reflect the lower number of disqualifications. The additional 
annual burden associated with the DRS process is estimated at 14,340 
hours per year.
    Affected Public: State and local government, and food stamp 
households.
    Estimated Number of Respondents: 676,053.
    Number of Responses per Respondent: From 1 to 5.
    Total Number of Annual Responses: 1,536,129.
    Estimated Time per Response: 0.1074 hours.
    Estimated Total Annual Burden: 164,994 hours.

    Dated: May 25, 2001.
George A. Braley,
Acting Administrator, Food and Nutrition Service.
[FR Doc. 01-14153 Filed 6-5-01; 8:45 am]
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