[Federal Register Volume 59, Number 148 (Wednesday, August 3, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-18885]


[[Page Unknown]]

[Federal Register: August 3, 1994]


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DEPARTMENT OF AGRICULTURE
 

Privacy Act of 1974: Computer Matching Program for the 
Disqualified Recipient Subsystem--U.S. Department of Agriculture and 
State Welfare Agencies Administering the Food Stamp Program

AGENCY: Office of the Secretary, USDA.

ACTION: Third Notice of Computer Matching Programs for the Disqualified 
Recipient Subsystem--U.S. Department of Agriculture and State welfare 
agencies administering the Food Stamp Program.

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SUMMARY: On June 16, 1993, (58 FR 33246) and again on November 29, 
1993, (58 FR 62634), the Food and Nutrition Service (FNS), U.S. 
Department of Agriculture (USDA) provided notice of its intent to 
conduct a computer matching program with all 50 States as well as the 
District of Columbia, Guam, and the Virgin Islands. Not all of the 
States were fully prepared to participate in the computer matching 
program at its inception and only those 28 States that had executed 
computer matching agreements were included under the first notice. The 
second notice announced the participation of an additional 12 States. 
This third notice announces the participation of the remaining 13 
States in the computer matching program. Included are the States of 
Iowa, Kansas, Maine, Massachusetts, Minnesota, Missouri, Montana, 
Nebraska, Ohio, Rhode Island, South Dakota, Texas, and Utah.
    The matching program will enable State agencies to determine 
appropriate periods of disqualification from participation in the Food 
Stamp Program for intentional program violations. To assign appropriate 
periods of disqualification, State agencies will match data on 
individuals recently determined to have committed intentional program 
violations with an FNS-maintained, centralized data bank list of 
individuals previously disqualified. Then, based on the number of times 
an individual has been disqualified, an appropriate period of 
disqualification will be assigned for the latest violation.
    The matching program will also enable State agencies to prevent the 
certification or detect the participation of individuals who are in a 
disqualified status. At their option, State agencies may match the FNS-
supplied data against their records of applicants and/or recently-
certified individuals to insure that those currently in a disqualified 
status do not participate. Matches will be conducted in accordance with 
written agreements between USDA and each of the State agencies.
    This notice is required by Public Law No. 100-503, the Computer 
Matching and Privacy Protection Act of 1988. The information provided 
is in accordance with paragraph 6.c. of the Final Guidance Interpreting 
Pub. L. 100-503 issued by the Office of Management and Budget, 54 FR 
25818 (June 19, 1989). A copy of this notice has been provided to the 
Committee on Government Operations, U.S. House of Representatives, the 
Committee on Governmental Affairs, U.S. Senate, and the Office of 
Management and Budget.

DATES: In accordance with section 2 of Pub. L. 100-503, the Computer 
Matching and Privacy Protection Act of 1988, 5 U.S.C. 552a(o)(2)(B), 
the matching programs will begin no sooner than 30 days after the 
signed agreements are transmitted to the Committee on Government 
Operations, U.S. House of Representatives, the Committee on 
Governmental Affairs, U.S. Senate, and the Office of Management and 
Budget. This matching program will continue for 18 months, the maximum 
time period allowed under section 2 of Pub. L. 100-503, 5 U.S.C. 
552a(o)(2)(C). At the end of that period, with the approval of the USDA 
Data Integrity Board, this matching program may be extended for an 
additional year without further notice.

ADDRESSES: Comments and inquiries should be addressed to: Cecilia 
Fitzgerald, Supervisor, State Management Section, State Administration 
Branch, Program Accountability Division, Food and Nutrition Service, 
U.S. Department of Agriculture, Room 907, 3101 Park Center Drive, 
Alexandria, VA 22302, telephone (703) 305-2386.

SUPPLEMENTARY INFORMATION: Pub. L. 97-35, the Omnibus Budget 
Reconciliation Act of 1981, requires that individuals who intentionally 
violate Food Stamp Program regulations more than once be assigned 
increasingly longer periods of disqualification for each subsequent 
offense. To assign appropriate disqualification periods, State agencies 
must have access to information on individuals who have previously been 
disqualified in other jurisdictions as well as their own. Although 
Congress, in Pub. L. 97-35, did not specify a system for assuring State 
agencies access to information on disqualified individuals, it did 
require State agencies to report disqualification actions to FNS. Thus, 
to enable States to act on this information as Congress intended, FNS 
will make this information available to State agencies through the 
Disqualified Recipient Subsystem.
    FNS will act as the central collection point for data on 
disqualified individuals, which States will then access through the 
Disqualified Recipient Subsystem. The data will include the name, 
social security number, date of birth, and sex of disqualified 
individuals. If data in the Disqualified Recipient Subsystem indicates 
that an individual had been disqualified previously, the information 
obtained from the Disqualified Recipient Subsystem will be verified 
before a new period of disqualification is assigned. If the information 
in the Disqualified Recipient Subsystem originated in another State, 
that State will be asked to verify the subject data. This procedure 
will also be followed before any action is taken to deny an 
individual's application or terminate an individual's participation 
based on a match with the Disqualified Recipient Subsystem.
    Food Stamp Program regulations provide for notification and due-
process rights for individuals adversely affected by computer match 
programs.
    Food and Nutrition Service, USDA, and the States of Iowa, Kansas, 
Maine, Massachusetts, Minnesota, Missouri, Montana, Nebraska, Ohio, 
Rhode Island, South Dakota, Texas, and Utah.
    To facilitate the Congressional mandate to increase the length of 
disqualifications from the Food Stamp Program for repeated instances of 
fraudulently obtaining Food Stamp Program benefits and to verify 
eligibility of applicants for Food Stamp Program benefits.

    Authority: 7 U.S.C. 2015, the Food Stamp Act of 1977, as 
amended.
    (1) The FNS-maintained file of State-provided disqualification 
information is entitled ``Information on Persons Disqualified from the 
Food Stamp Program'' and designated as USDA/FNS-5. This Privacy Act 
System of Records consists of standardized records containing 
identifying information (first name, middle initial, last name; social 
security number; date of birth; and sex) on individuals disqualified 
from the Food Stamp Program and information identifying the location, 
date(s), and length(s) of any disqualification determined and imposed.
    (2) State agency food stamp recipient information files for each 
State, the District of Columbia, Guam, and the Virgin Islands.
    In accordance with section 2 of Pub. L. 100-503, 5 U.S.C. 
552a(o)(2)(B) the Computer Matching and Privacy Protection Act of 1988, 
the matching programs will begin no sooner than 30 days after the 
signed agreements are transmitted to the Committee on Government 
Operations, U.S. House of Representatives, the Committee on 
Governmental Affairs, U.S. Senate, and the Office of Management and 
Budget. They will continue for 18 months, the maximum time period 
allowed under section 2 of Pub. L. 100-503, 5 U.S.C. 552a(o)(2)(C). At 
the end of that period, with the approval of the USDA Data Integrity 
Board, this matching program may be extended for an additional year 
without further notice.
    Comments and inquiries should be addressed to: Cecilia Fitzgerald, 
Supervisor, State Management Section, State Administration Branch, 
Program Accountability Division, Food and Nutrition Service, U.S. 
Department of Agriculture, Room 907, 3101 Park Center Drive, 
Alexandria, VA 22302, telephone (703) 305-2386.

    Signed at Washington, DC, on July 25, 1994.
Mike Espy,
Secretary.
[FR Doc. 94-18885 Filed 8-2-94; 8:45 am]
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