[Federal Register Volume 69, Number 61 (Tuesday, March 30, 2004)]
[Notices]
[Pages 16513-16514]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-6888]


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 Notices
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains documents other than rules 
 or proposed rules that are applicable to the public. Notices of hearings 
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 delegations of authority, filing of petitions and applications and agency 
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  Federal Register / Vol. 69, No. 61 / Tuesday, March 30, 2004 / 
Notices  

[[Page 16513]]



DEPARTMENT OF AGRICULTURE

Office of the Secretary


Privacy Act: Revision of an Existing System of Records

AGENCY: Office of the Secretary, USDA.

ACTION:  Notice of revision of an existing system of records.

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SUMMARY: The U.S. Department of Agriculture is giving notice of a 
revision to its Privacy Act System of Records entitled Claims Against 
Food Stamp Recipients--USDA/FNS-3.

DATES: This revision will become effective on May 14, 2004, 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 April 29, 2004.

ADDRESSES: Comments should be addressed to Barbara Hallman, Chief, 
State Administration Branch, Program Accountability Division, Food 
Stamp Program, 3101 Park Center Drive, Room 820, Alexandria, Virginia 
22302.

FOR FURTHER INFORMATION CONTACT: Sara Bradshaw, Food and Nutrition 
Service (FNS) Privacy Act Officer, Room 322, 3101 Park Center Drive, 
Alexandria, Virginia 22302. Telephone (703) 305-2244.

SUPPLEMENTARY INFORMATION: The Privacy Act requires FNS to publish this 
Privacy Act systems of records of notice to inform the public that 
certain changes are being made to a system of records containing 
information on individuals against whom fiscal claims have been 
established under the Food Stamp Program and to request public comment.
    Monetary claims are established against food stamp recipients and 
former recipients who owe debts due to certain errors or infractions of 
Food Stamp Program rules. State and Federal government offices seek 
collections for these debts through recoupment of benefits for 
recipients still receiving benefits, direct billing to non-recipients, 
offset of eligible Federal payments, and other means. Debt collection 
and tracking systems were established to accomplish these collections, 
and the establishment of and certain changes to such systems require 
notification to the public under the Privacy Act.
    The Treasury Offset Program (TOP) is a mandatory governmentwide 
delinquent debt matching and payment offset system, centralized in the 
Department of the Treasury. The Debt Collection Act of 1982, as amended 
(Pub. L. 97-365), provides statutory authority for Federal agencies to 
collect debts through administrative offset.
    The Debt Collection Improvement Act of 1996 (Pub. L. 104-134) 
expands the statutory authority for TOP by requiring agencies to 
transfer delinquent non-tax debt to Treasury for the purpose of 
offsetting Federal payments to collect delinquent debts owed to the 
Federal Government. TOP operates in accordance with statutory and 
regulatory authorities, including those contained in 31 U.S.C. 3716, 
3720A, 3701, and 26 U.S.C. 6402(d).
    This Notice modifies the system of records entitled Claims Against 
Food Stamp Recipients--USDA/FNS--3 so that FNS can fully comply with 
Treasury requirements for various debt collection actions. This notice 
modifies the systems of records as follows:
    Changes to the current use consist of:
     Deleting the referral to Treasury designated 
collection centers as Food Stamp Program recipient claims are exempt 
from cross servicing;
     Expanding the use of Federal payroll servicing 
agencies as match sources in the area of salary offset; and
     No longer submitting debt directly to the United 
States Postal Service (USPS) for salary offset.
    New uses included in this notice are:
     Using the Federal payroll servicing agencies to 
identify Federal employees and collect debts;
     Referring debtor information to information 
brokers for locating debtors; and
     Collecting data from Social Security 
Administration death records.
    Data will continue to be shared with the following entities; the 
Department of the Treasury for the purpose of complying with Treasury 
requirements for various debt collection actions; State agencies for 
such purpose as updating claims files, collecting claims, and fiscal 
reporting; and Congressional offices in response to an inquiry from the 
Congressional office made at the request of the individual against whom 
the claim has been established.
    FNS has included some technical changes that do not affect the 
operation of the system. The notice is modified to reflect a change in 
room number for FNS Grants Management Division. In addition the system 
of records is modified to retain records for a longer period, 5 years, 
as required by the Department of the Treasury. Records will now be 
retrievable by case number or debt number now that the format for 
submission to TOP requires that data.

    Dated: March 23, 2004.
Ann M. Veneman,
Secretary of Agriculture.



SYSTEM NAME:
    Claims Against Food Stamp Recipients--USDA/FNS-3

SECURITY CLASSIFICATION:
    None.

SYSTEM LOCATION:
    Grants Management Division, Food and Nutrition Service (FNS), 
United States Department of Agriculture, 3101 Park Center Drive, Room 
744, Alexandria, Virginia 22302, and FNS Regional Offices located in: 
Atlanta, Georgia, which covers the States of Alabama, Florida, Georgia, 
Kentucky, Mississippi, North Carolina, South Carolina, and Tennessee; 
Boston, Massachusetts, which covers the States of Connecticut, 
Massachusetts, Maine, New Hampshire, New York, Rhode Island, and 
Vermont; Chicago, Illinois, which covers the States of Illinois, 
Michigan, Minnesota, Ohio, and Wisconsin; Dallas Texas, which covers 
the States of Arkansas, Louisiana, New Mexico, Oklahoma, and Texas; 
Denver, Colorado, which covers the States of Colorado, Iowa, Kansas, 
Missouri, Montana, Nebraska, North Dakota, South Dakota, Utah, and 
Wyoming; Trenton, New Jersey, which covers the States of Delaware, 
District of Columbia, Maryland, New Jersey, Pennsylvania, Puerto Rico, 
Virginia, Virgin Islands, and West Virginia; and San Francisco, 
California, which covers the States of Alaska, Arizona, California, 
Guam,

[[Page 16514]]

Hawaii, Idaho, Nevada, Oregon, American Samoa, Trust Territories of the 
Pacific, and Washington. The address of each regional office is listed 
in the telephone directory of the respective cities listed above under 
the heading of ``United States Government, Department of Agriculture, 
Food and Nutrition Service.''

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Individuals who have received food stamp benefits to which they are 
not entitled.

CATEGORIES OF RECORDS IN THE SYSTEM:
    The information in the system consists of individuals' names, 
addresses, social security numbers and amounts of claims and amounts of 
any collections. The information in the system also includes 
identification of individuals' as Federal employees and Federal 
payments offset. The system includes limited information about claims 
such as age, reasons for the overissuance of benefits, and State agency 
collection efforts. The system may also include information from the 
Social Security Administration death records.

Authority for Maintenance of the System:
    7 U.S.C. 2011-2031.

Purpose:
    The purpose of this system of records is to facilitate the 
collection of delinquent food stamp recipient debts.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    (1) Referral to the Department of the Treasury (Treasury) for debt 
collection actions. (2) Referral to the Federal payroll servicing 
agencies for identification and collection of overpayments. (3) 
Referral may be made to State agencies for such purposes as updating 
claims files, collecting claims, and for fiscal reporting. (4) 
Disclosure may be made to a Congressional office from the record of an 
individual in response to an inquiry from the Congressional office made 
at the written request of the individual. (5) Referral to private 
information brokers to obtain current addresses for due process 
notification purposes and deceased records.

Policies and Practices for Storing, Retrieving, Accessing, Retaining, 
and Disposing of Records in the System
Storage:
    Records are maintained by automated data storage methods such as 
CD-ROM, magnetic tape and disk. Some records may also be maintained on 
paper.

Retrievability:
    Records are retrievable by name and social security number. In 
addition, records may be retrieved by a State assigned case number or 
debt number.

Safeguards:
    Access to records is limited to those persons who process the 
records for the specific routine uses stated above. Records in such 
forms as magnetic tape or CD-ROM are kept in physically secured rooms 
and/or cabinets. Various methods of computer security limit access to 
records in automated databases. Paper records that contain taxpayer 
information will be segregated and physically secured in locked 
cabinets.

Retention and Disposal:
    The FNS retains for no longer than 5 years. All records are either 
returned to State agencies or destroyed.

System Manager(S) and ADDRESS:
    The system manager is the Director of the Grants Management 
Division, Food and Nutrition Service, United States Department of 
Agriculture, 3101 Park Center Drive, Room 744, Alexandria, Virginia 
22302.

NOTIFICATION PROCEDURE:
    Individuals may request from the system manager identified in the 
preceding paragraph information regarding this system of records or 
whether the system contains records pertaining to them. Individuals 
requesting such information must provide their name, address and social 
security number.

RECORD ACCESS PROCEDURES:
    Individuals may obtain information about records in the system that 
pertain to them by written or oral requests to the system manager. To 
assure confidentiality and prompt routing, written requests should be 
marked ``Privacy Act Request.''

CONTESTING RECORD PROCEDURES:
    Individuals desiring to contest or amend information maintained in 
the system should direct requests to the system manager, state the 
reasons for contesting the information and provide any available 
documentation to support the requested action.

RECORD SOURCE CATEGORIES:
    Information in this system comes from State agency files concerning 
food stamp recipient claims, and Internal Revenue Service files of 
addresses of individuals who have filed income tax returns. Address 
information and Social Security Administration death records come from 
a private information broker. Information in the system also comes from 
the Federal payroll servicing agencies files of individuals who are 
currently employed by or who are receiving salaries, pensions and other 
payments from Federal agencies and the USPS, and from all other sources 
of Federal payments.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    None.
[FR Doc. 04-6888 Filed 3-29-04; 8:45 am]
BILLING CODE 3410-30-M