[Federal Register Volume 59, Number 158 (Wednesday, August 17, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-20180]
[[Page Unknown]]
[Federal Register: August 17, 1994]
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DEPARTMENT OF AGRICULTURE
Office of the Secretary
Privacy Act of 1974; Notice of a Computer Matching Program for
Federal Salary Offset
AGENCY: Food and Nutrition Service, USDA.
ACTION: Notice of computer matching programs between the Food and
Nutrition Service (FNS), United States Department of Agriculture
(USDA), and the United States Postal Service (USPS).
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SUMMARY: FNS, USDA, is giving notice that it intends to conduct a
computer matching program with the USPS in order to identify USPS
employees who owe certain delinquent debts to the United States
Government under the Food Stamp Program administered by FNS for food
stamp benefits which they received but to which they were not entitled.
DATES: Comments must be received September 16, 1994, to be considered.
Unless comments are received which result in a contrary determination,
the matching program covered by this Notice will begin no sooner than
September 26, 1994.
ADDRESSES: Comments should be addressed to James I. Porter, Supervisor,
Issuance and Accountability Section, State Administration Branch,
Program Accountability Division, Food Stamp Program, FNS, USDA, 3101
Park Center Drive, Room 905, Alexandria, Virginia 22302. Comments can
be reviewed at that address during normal business hours.
FOR FURTHER INFORMATION CONTACT:
James I. Porter, Supervisor, Issuance and Accountability Section, State
Administration Branch, Program Accountability Division, Food Stamp
Program, FNS, USDA, 3101 Park Center Drive, Room 905, Alexandria,
Virginia 22302, telephone (703) 305-2385..
SUPPLEMENTARY INFORMATION: This computer matching program is being
initiated as part of an effort by USDA to increase the collection of
overissued food stamp benefits. These overissued benefits are benefits
which households received but to which they were not entitled. As part
of their responsibility for administering the Food Stamp Program, State
agencies are responsible for establishing claims for these overissued
benefits and for taking certain steps to try to collect those claims.
This computer match will provide otherwise unavailable information
which State agencies can use to try to collect delinquent food stamp
claims owed by USPS employees and if necessary, which USDA can use to
collect such claim by involuntarily offsetting USPS employee salaries.
This Notice is being published as required by Section (e)(12) of
the Privacy Act of 1974 (5 U.S.C. 552a(e)(12)), as amended by the
Computer Matching and Privacy Act of 1988 (Public Law 100-503).
The following information is provided as required by paragraph
(b)(3) of Appendix I to Office of Management and Budget Circular A-130,
dated July 2, 1993.
1. Participating agencies: The recipient agency is USPS. The source
agency is USDA.
2. Beginning and ending dates: The matching program will begin in
November 1994 and continue in effect no longer than 18 months (April
30, 1996). If within three months of that date, the Data Integrity
Boards of both USDA and the USPS find that the matching program can be
conducted without change and both USDA and the USPS certify that the
matching program has been conducted in compliance with the matching
agreement, the matching program may be extended for one additional
year.
3. Purpose of the match: In addition to providing information to
assist in collecting food stamp recipient delinquent debts, the names
of USPS employees identified through this matching program will be
removed from lists of delinquent debts being referred to the Internal
Revenue Service (IRS) for collection from Federal income tax refunds.
This action is required to conform to an IRS requirement for the tax
offset program. (A description of the Federal income tax refund offset
program for the Food Stamp Program is contained in a General Notice
dated August 20, 1991 at 56 FR 41325-31.)
4. Description of the match: The subject matching program will
involve several steps. USDA will provide USPS a magnetic computer tape
of claims submitted by State agencies participating in the Federal tax
offset program. By computer, USPS will compare that information with
its payroll file, establishing matched individuals on the basis of
Social Security Numbers (SSN's). For each matched individual, the USPS
will provide to USDA the individual's name, SSN, home address, date of
birth, work location, and employee type (permanent or temporary).
USDA will prepare lists of matched individuals according to the
State agencies which established the claim for the overissued benefits
and will distribute the State lists accordingly. The respective State
agencies will verify identity and debtor status of the matched
individuals by manually comparing those list of matched individuals to
their records on the debts, by conducting independent inquiries when
necessary to resolve questionable identities, and by reviewing the
records of payments to determine whether or not the debt is still
delinquent.
In addition to verifying debtor identity and the status of the
debt, prior to USDA taking any steps to effect involuntary offset of
USPS employee salaries, State agencies will provide debtors with a 30-
day written notice stating the amount of the debt and that the debtor
may repay it voluntarily by entering into a written agreement with the
State agency. Debts not repaid voluntarily would be referred to USDA
for involuntary salary offset. Prior to such action, debtors would be
notified and offered an opportunity for a hearing on the debt,
including the right to copy documentation relating to the debt.
5. Legal authorities: This matching program will be conducted under
the following authorities:
(a) The Debt Collection Act of 1982 (5 U.S.C. 5514), which gives
authority to Federal agencies to offset the salaries of Federal and
USPS employees who are delinquent on debts owed to the Federal
government;
(b) Office of Personnel Management (OPM) regulations, 5 CFR part
550, subpart K (Collection by Offset from Indebted Government
Employees), Secs. 550.1101-1108, which set the standards for Federal
agency rules implementing the Debt Collection Act;
(c) USDA regulations at 7 CFR part 3, subpart C, which implement 5
U.S.C. 5514 and OPM regulations, and which authorize USDA agencies to
issue regulations governing debt collection by salary offset (7 CFR
3.68); and
(d) Section 13941 of the Omnibus Budget Reconciliation Act of 1993
(Pub. L. 103-66), which amended sections 11(e) (8) and 13 of the Food
Stamp Act of 1977, 7 U.S.C. 2020(e)(8), 2022, to authorize the Federal
salary offset program for the Food Stamp Program.
6. Categories of individuals involved: Two groups of individuals
will be involved with this matching program. One group is USPS
employees. The other is individuals who have participated in the Food
Stamp Program but are no longer participating, and who owe delinquent
debts for overissued food stamp benefits for which they are not making
repayments. This group is further defined in that the individuals owe
only delinquent debts resulting from inadvertent household errors and
intentional Program violations. Individuals owing claims due to State
agency administrative errors will be excluded (7 U.S.C. 2020(e)(8)(C)).
7. Record systems used: (a) USPS will use records from its Privacy
Act system of records ``Finance Records--Payroll System, USPS
050.020,'' containing payroll records for approximately 700,000 current
employees. Disclosure will be made pursuant to routine use Number 24 of
USPS 050.020, (57 FR 57515, dated December 4, 1992).
(b) USDA will use records from its Privacy Act system of records
``Claims Against Food Stamp Recipients--USDA/FNS--3,'' containing
approximately 230,000 records. Disclosure will be made pursuant to
routine use Number 4 of record system USDA/FNS--3, (58 FR 48633, dated
September 17, 1993).
8. Agency contact: Inquiries about this matching program should be
directed to James I. Porter, Supervisor, Issuance and Accountability
Section, State Administration Branch, Program Accountability Division,
Food Stamp Program, FNS, USDA, 3101 Park Center Drive, Room 905,
Alexandria, Virginia 22302, telephone (703) 305-2385.
Signed at Washington, D.C. on August 10, 1994.
Mike Espy,
Secretary of Agriculture.
[FR Doc. 94-20180 Filed 8-16-94; 8:45 am]
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