[Federal Register Volume 63, Number 12 (Tuesday, January 20, 1998)]
[Notices]
[Pages 2942-2943]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-1184]


 ========================================================================
 Notices
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains documents other than rules 
 or proposed rules that are applicable to the public. Notices of hearings 
 and investigations, committee meetings, agency decisions and rulings, 
 delegations of authority, filing of petitions and applications and agency 
 statements of organization and functions are examples of documents 
 appearing in this section.
 
 ========================================================================
 

  Federal Register / Vol. 63, No. 12 / Tuesday, January 20, 1998 / 
Notices  

[[Page 2942]]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF AGRICULTURE

Office of the Secretary


Privacy Act: Renewal of a Computer Matching Program

AGENCY: Office of the Secretary, USDA.

ACTION: Notice of renewal of a computer matching program.

-----------------------------------------------------------------------

SUMMARY: The U.S. Department of Agriculture (USDA) is giving notice of 
a renewal of a computer program between the Food and Nutrition Service 
(FNS) and the U.S. Postal Service (USPS) for the purpose of debt 
collection.

DATES: This renewal will become effective on March 2, 1998, unless 
modified by a subsequent notice to incorporate comments received from 
the public. To be assured of consideration, comments must be received 
by the contact person listed below on or before February 19, 1998.

ADDRESSES: Comments should be addressed to James I. Porter, Assistant 
Branch Chief, State Administration Branch, Program Accountability 
Division, Food Stamp Program, 3101 Park Center Drive, Room 905, 
Alexandria, Virginia 22302.

FOR FURTHER INFORMATION CONTACT: Joseph M. Scordato, Food and Nutrition 
Service Privacy Act Officer, 3101 Park Center Drive, Room 308, 
Alexandria, Virginia 22302. Telephone (703) 305-2244.

SUPPLEMENTARY INFORMATION: This computer matching program is conducted 
to (1) identify postal employees who owe delinquent debts to the 
Federal government under the Food Stamp Program (FSP) administered by 
USDA's FNS and (2) collect those debts under the salary offset 
provisions of the Debt Collection Act of 1982 when voluntary repayment 
is not forthcoming. As part of their responsibility for administering 
the FSP, State agencies are responsible for establishing claims for 
these overissued benefits and for taking certain steps to try to 
collect those claims.
    The Debt Collection Improvement Act of 1996 expanded the statutory 
authority for administrative offset by creating the Treasury Offset 
Program (TOP). Under TOP, agencies are required to transfer delinquent 
non-tax debt to Treasury for the purpose of offsetting Federal payments 
for debt collection. When fully implemented TOP will operate in 
accordance with statutory and regulatory authorities, including those 
contained in 31 U.S.C. 3716 and 4 CFR part 102. Because TOP has not yet 
been fully implemented, FNS will collect the debts through the Federal 
Salary Offset Program (FSOP).
    FNS has been referring delinquent food stamp debts that were the 
result of an intentional Program violation or an inadvertent household 
error. The Personal Responsibility and Work Opportunity Reconciliation 
Act of 1996 broadened the scope of referable debts to include State 
agency error 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. The public was given notice of the 
current matching program in a General Notice at 59 FR 42205, dated 
August 17, 1994. This Notice is being published as required by 
Subsection (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 (Pub. L. 
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 February 20, 1996.
    1. Participating agencies: The recipient agency is USPS. The source 
agency is USDA.
    2. Beginning and ending dates: The matching program will begin with 
the effective date of this notice and continue in effect no longer than 
December 31, 1998. If within 3 months of the termination 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 1 
additional year.
    3. Purpose of the match: In addition to providing information to 
assist in collecting delinquent food stamp recipient claims, 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 
Federal Income Tax Refund Offset Program (FTROP). (A description of 
FTROP is contained in a final rulemaking at 60 FR 45990, dated 
September 1, 1995.)
    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 FTROP. By 
computer, USPS will compare that information with its payroll file, 
identifying matched individuals on the basis of Social Security Numbers 
(SSNs). 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 agency lists accordingly. The respective 
State agencies will review those lists and their casefiles. In this 
review State agencies will verify identity and debtor status of the 
matched individuals by comparing those lists of matched individuals to 
their records on the debts and by conducting independent inquiries when 
necessary to resolve questionable identities. State agencies will also 
review the records of payments to determine if the debt is still 
delinquent and the correct amount of the debt.
    In addition to verifying debtor identity and the status of the 
debt, prior to USDA taking any steps to refer debts for offset, State 
agencies will provide debtors with a 30-day written notice stating the 
amount of the debt and that the debtor may repay the debt voluntarily 
by entering into a written agreement with the State agency. Debts not 
repaid voluntarily would be referred to USDA for involuntary offset. 
Prior to such action, USDA will notify debtors of

[[Page 2943]]

the intended collection action and offer them 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) The Debt Collection Improvement Act of 1996 (5 U.S.C. 5514(a)) 
which provides for salary offset and (31 U.S.C. 3716(c)) which mandates 
centralized administrative offset through the Treasury Offset Program.
    (c) The Personal Responsibility and Work Opportunity Reconciliation 
Act of 1996 (7 U.S.C. 2022(b)(1)) which added a new category of claims, 
State agency error claims, to those eligible for offset.
    (d) 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.
    (e) 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).
    (f) USDA regulations at 7 CFR 273.18 (g)(6) which set the 
procedures for the operation of the Federal salary offset program for 
the FSP.
    (g) 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 FSP.
    6. Categories of individuals involved: Two groups of individuals 
will be involved with this matching program. One group is USPS 
employees. The other group 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.
    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 350,000 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, Assistant Branch Chief, State 
Administration Branch, Program Accountability Division, Food Stamp 
Program, FNS, USDA, 3101 Park Center Drive, Room 905, Alexandria, 
Virginia 22302, telephone (703) 305-2385.

    Dated: January 6, 1998.
Dan Glickman,
Secretary of Agriculture.
[FR Doc. 98-1184 Filed 1-16-98; 8:45 am]
BILLING CODE 3410-30-U