[Federal Register Volume 69, Number 211 (Tuesday, November 2, 2004)]
[Notices]
[Pages 63502-63507]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-24405]


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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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  Federal Register / Vol. 69, No. 211 / Tuesday, November 2, 2004 / 
Notices  

[[Page 63502]]



DEPARTMENT OF AGRICULTURE

Food and Nutrition Service


Agency Information Collection Activities: Proposed Collection; 
Comment Request--Food Stamp Program Repayment Demand and Program 
Disqualification

AGENCY: Food and Nutrition Service, USDA.

ACTION: Notice.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, this 
Notice invites the general public and other public agencies to comment 
on proposed information collections. This Notice of Proposed 
Information Collection announces the intent of the Food and Nutrition 
Service to request an extension of OMB approval for the information 
collection requirements associated with initiating collection actions 
against households who have received an overissuance in the Food Stamp 
Program. In addition, this Notice announces the Food and Nutrition 
Service's intent to request an extension of OMB approval for the 
information collection requirements associated with intentional Program 
violation determinations.

DATES: Written comments must be submitted on or before January 3, 2005, 
to be assured consideration.

ADDRESSES: Send comments to Jane Duffield, Chief, Payment Accuracy 
Branch, Food and Nutrition Service, USDA, 3101 Park Center Drive, Room 
822, Alexandria, Virginia 22302.
    Pursuant to the Paperwork Reduction Act of 1995 (44 U.S.C. 3507), 
comments are invited on: (a) Whether the proposed collection of 
information is necessary for the proper performance of the functions of 
the agency, including whether the information will have practical 
utility; (b) the accuracy of the agency's estimate of the burden of the 
proposed collection of information, including the validity of the 
methodology and assumptions used; (c) ways to enhance the quality, 
utility, and clarity of the information to be collected; and (d) ways 
to minimize the burden of the collection of information on those who 
are to respond, including through the use of appropriate automated, 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology.
    All comments will be summarized and included in the request for 
Office of Management and Budget approval of the information collection. 
All comments will become a matter of public record.

FOR FURTHER INFORMATION CONTACT: For initiating collection action, 
contact Leslie Byrd. For intentional Program violation (IPV) 
determination, contact Greg Fortine. Both may be reached at (703) 305-
2383.

SUPPLEMENTARY INFORMATION:
    Title: Repayment Demand and Program Disqualification.
    OMB Number: 0584-0492.
    Form Number: None.
    Expiration Date: November 30, 2004.
    Type of Request: Revision of a currently approved collection.
    Abstract: Section 13(b) of the Food Stamp Act of 1977, as amended 
(7 U.S.C. 2022(b)), and Food Stamp Program (FSP) regulations at 7 CFR 
273.18 require State agencies to initiate collection action against 
households that have been overissued benefits. To initiate collection 
action, State agencies must provide an affected household with written 
notification informing the household of the claim and demanding 
repayment. This process is automated in most State agencies. For 
initiating collection action on an overissuance, we are increasing the 
estimated annual reporting and recordkeeping burden for State agencies 
and households from 116,400 hours to 132,199 hours. The reason for the 
increase is to reflect the higher number of claims that were 
established in fiscal year (FY) 2003.
    Note that for recipient claims, this Federal Register notice only 
covers the reporting and recordkeeping burden for initiating collection 
action. The burden associated with reporting collections and other 
claims management information on the FNS-209 report is covered under 
currently approved OMB number 0584-0069. The burden associated with 
referring delinquent claims and receiving collections through the 
Treasury Offset Program is covered under currently approved OMB number 
0584-0446.
    FSP regulations at 7 CFR 273.16 require State agencies to 
investigate any case of suspected fraud and, where applicable, make an 
IPV determination either administratively or judicially. Notifications 
and activity involved in the IPV process include:
     The State agency providing written notification informing 
an individual suspected of committing an IPV of an impending 
administrative disqualification hearing or court action.
     An individual opting to accept the disqualification and 
waiving the right to an administrative disqualification hearing or 
court action by signing either a waiver to an administrative 
disqualification hearing or a disqualification consent agreement in 
cases of deferred adjudication.
     Once a determination is made regarding an IPV, the State 
agency sends notification to the affected individual of the action 
taken on the administrative disqualification hearing or court decision.
    Despite an increase in FSP participation, IPV activity has 
experienced a slight decline. Therefore, we are decreasing the State 
agency and household annual reporting and recordkeeping burden for the 
activities related to IPV disqualifications from 34,254 hours to 26,712 
hours.
    One of the factors used by a State agency to determine the 
appropriate disqualification penalty to assign to an individual is 
whether or not the individual was found to have committed any prior 
IPVs. The way that State agencies make this determination is by 
accessing and checking the Disqualified Recipient Subsystem (DRS). DRS 
is an automated system developed by the Food and Nutrition Service to 
improve Program efficiency. DRS contains records of disqualifications 
in every State. State agencies are responsible for updating the system 
and checking it to determine the appropriate length of each 
disqualification. An estimate of the annual burden associated with the 
DRS process reflects a decrease from 11,907 to 7,418 hours per year.

Summary of Estimated Burden

    The net aggregate change from the existing to the proposed annual 
burden

[[Page 63503]]

for this entire Proposed Collection is an increase of 3,769 hours. For 
initiating collection action on an overissuance, we are increasing the 
estimated annual burden for State agencies and households from 116,400 
hours to 132,199 hours to reflect the higher number of claims 
established in FY 2003. The IPV--related State agency and household 
annual burden, is decreased from 34,254 hours to 26,712 hours to 
reflect the lower number of disqualifications. An estimate of the 
annual burden associated with the DRS process reflects a total decrease 
from 11,907 to 7,418 hours per year.
    Affected Public: State and local government, and food stamp 
households.
    Estimated Number of Respondents: 818,668.
    Number of Responses per Respondent: From 1 to 5.
    Total Number of Annual Responses: 1,600,981.
    Estimated Time per Response: 0.1074 hours.
    Estimated Total Annual Burden: 166,329 hours.

    Dated: October 27, 2004.
Roberto Salazar,
Administrator, Food and Nutrition Service.
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[FR Doc. 04-24405 Filed 11-1-04; 8:45 am]
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