[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]
BILLING CODE 3410-30