[Federal Register Volume 85, Number 169 (Monday, August 31, 2020)]
[Notices]
[Pages 53786-53790]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-18850]
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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.
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Federal Register / Vol. 85, No. 169 / Monday, August 31, 2020 /
Notices
[[Page 53786]]
DEPARTMENT OF AGRICULTURE
Food and Nutrition Service
Agency Information Collection Activities: Proposed Collection;
Comment Request--Supplemental Nutrition Assistance Program Repayment
Demand and Program Disqualification
AGENCY: Food and Nutrition Service, Agriculture (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 is a revision of currently
approved information collection requirements associated with initiating
collection actions against households who have received an overissuance
in the Supplemental Nutrition Assistance Program (SNAP).
DATES: Written comments must be submitted on or before October 30,
2020.
ADDRESSES: Comments may be sent to: Maribelle Balbes, Chief, State
Administration Branch, Food and Nutrition Service, U.S. Department of
Agriculture, 1320 Braddock Place Alexandria, VA 22314. Comments may
also be submitted via email to [email protected], or through the
federal eRulemaking Portal. Go to http://www.regulations.gov, and
follow the online instructions for submitting comments electronically.
All written comments will be open for public inspection at the office
of the Food and Nutrition Service during regular business hours (8:30
a.m. to 5 p.m. Monday through Friday) at 1320 Braddock Place
Alexandria, Virginia 22314. All responses to this notice will be
summarized and included in the request for Office of Management and
Budget approval. All comments will be a matter of public record.
FOR FURTHER INFORMATION CONTACT: Requests for additional information or
copies of this information collection should be directed to Evan
Sieradzki 703-605-3212.
SUPPLEMENTARY INFORMATION:
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 shall 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 that were 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 use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology.
Title: Supplemental Nutrition Assistance Program Repayment Demand
and Program Disqualification.
OMB Number: 0584-0492.
Form Number: None.
Expiration Date: March 31, 2021.
Type of Request: Revision of a currently approved collection.
Abstract: Section 13(b) of the Food and Nutrition Act of 2008, as
amended (7 U.S.C. 2022(b)), and Supplemental Nutrition Assistance
Program (SNAP) 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. Note that for overissuance claims, this information
collection only covers the activities associated with initiating
collection.
The burden associated with reporting collections and other claims
management information on the FNS- 209 form is covered under the Food
Program Reporting System OMB number 0584- 0594, expiration date 7/31/
2023. The burden associated with referring delinquent claims and
receiving collections through the Treasury Offset Program is covered
under currently approved OMB number 0584-0446, expiration date 11/30/
2022.
SNAP regulations at 7 CFR 273.16(e)(3) require State agencies to
investigate any case of suspected fraud and, where applicable, make an
Intentional Program Violation (IPV) determination either
administratively or judicially. Notifications and activities 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 and returning it to the State agency; and
--Once a determination is made regarding an IPV, the State agency
sending notification to the affected individual of the action taken on
the administrative disqualification hearing or court decision.
SNAP regulations at 7 CFR 273.16 require State agencies to use
disqualified recipient data to ascertain the correct penalty for IPVs,
based on prior disqualifications. State agencies determine this by
accessing and reviewing records located in the Electronic Disqualified
Recipient System (eDRS). eDRS is an automated system developed by FNS
that contains records of disqualifications in every State. State
agencies are also responsible for updating the system, as required at 7
CFR 237.16, which includes reporting disqualifications in eDRS as they
occur and updating eDRS when records are no longer accurate, relevant,
or complete.
Summary of Estimated Burden
The burden consists of two major components: The initiation of
overissuance collection and actions associated with IPV determinations.
The estimated total annual burden for this collection is 135,525.984
hours (93,348.230 SA reporting hours + 21,431.811 SA record keeping
hours + 20,745.942 household reporting hours). The net aggregate change
to this collection is a decrease of 68,061.307
[[Page 53787]]
total burden hours from the currently approved burden of 203,587.291
hours. The estimated total annual responses for this collection is
2,033,844.640 responses (728,248.640 SA reporting total annual response
+ 641,671.000 SA recordkeeping total annual records + 663,925.000
household reporting total annual responses). The burden hours
associated with overissuance collection initiation have decreased due
to a decrease in the amount of claims established in fiscal year (FY)
2019. The burden hours associated with IPV activity have decreased
slightly as a result of a decreased number of SNAP households that
States initiated IPV activity against in FY2019.
Affected Public: State, Local and Tribal government (SA);
Individual/Households (I/H).
Respondent Type: SNAP participants.
SA Reporting Burden
States have done these activities for many years. Based on prior
experience in how long these activities take, USDA estimates it will
take the 53 State SNAP Agencies 8 minutes (0.1336 hours) to issue the
types of letters and notices described below. The following is a
summary total of the activities described below.
Estimated Number of Respondents: 53.
Estimate Total Number of Responses per Respondent: 13,818.261.
Estimated Total Annual Responses: 728,248.640.
Estimated Time per Response: 0.12818.
Estimated Total Annual Reporting Burden: 93,348.230.
Demand Letter for Overissuance CFR 273.18 (a)(2)
Based on many years of doing these activities, FNS estimates it
will take the 53 State SNAP Agencies 8 minutes (0.1336 hours) to issue
a Demand Letter, and that they will issue 10,562 letters each, for a
total of 74,787.276 hours. The prior approval included 118,171.338
hours. The new burden estimate is 43,384.062 hours less than the
previously approved burden amount due to program adjustments.
(53 States * 10,562 letters each * 8 minutes (0.1336 hours) =
74,787.276 hours).
Prior approval 118,171.338 hours--74,787.276 hours = 43,384.062
hours less than the currently approved burden amount).
Notice for Hearing or Prosecution 7 CFR 273.16(e)(3)
FNS estimates that 53 State agencies will issue 807.34 Notices for
Hearing or Prosecution for a total of 42,789.00 responses. FNS
estimates it will take approximately 8 minutes (0.1336 hours) to issue
a Notice for Hearing or Prosecution for an estimated 5,716.61 total
hours. The previously approved burden was 5,374.728 hours. This
represents an addition of 341.882 additional hours associated with this
burden due to program adjustment.
(53 States * 807.34 responses * 8 minutes (0.1336 hours) =
5,716.610 hours). Prior approval 5,374.728 hours--5,716.61 hours =
341.882 hours more than previously approved burden.
Action Taken on Hearing or Court Decision: For IPV Findings 7 CFR
273.16(e)(9)
FNS estimates that 53 State agencies will take action on 815.40
Intentional Program Violation findings for a total of 39,097.00
responses. FNS estimates that it will take approximately 10 minutes
(0.167 hours) for a State to take action on a court decision for
Intentional Program Violation findings for a total of 6,529.199 annual
burden hours. This represents a change of 1,223.289 fewer hours from
the previous approved burden of 7,752.488 hours due to program
adjustments.
(53 State agencies * 815.4 responses * 10 minutes (0.167 hours) =
6,529.199 hours). Prior approval 7,752.488 hours--6,529.199 hours =
1,223.289 hours less than previously approved burden.
Action Taken on Hearing or Court Decision: For No IPV Findings 7 CFR
273.16(e)(9)
FNS estimates that 53 State agencies will take action on 69.66
instances of no Intentional Program Violations as a result of a hearing
or court decision for a total of 3,692.00 total responses. FNS
estimates that it will take approximately 5 minutes (0.0835 hours) for
a State to take action on a hearing or court decision for no
Intentional Program Violation findings for a total of 308.282 annual
burden hours. This represents a change of 179.609 additional burden
hours from the previously approved burden of 128.674 hours due to
program adjustments.
(53 State agencies * 69.66 responses * 5 minutes (0.0835 hours) =
308.282 hours). Prior approval 128.678 hours--308.282 hours = 179.609
additional burden hours than previously reported.
Electronic Disqualified Recipient System Breakout: For eDRS Reporting 7
CFR 273.16(i)(2)(i)
FNS estimates that 53 State agencies will generate reporting from
their eDRS system 737.68 times for a total of 39,097.00 annual
responses. FNS estimates that it will take approximately 5 minutes
(0.0835 hours) for a State to generate reporting from eDRS for a total
of 3,264.60 burden hours. This represents a change of 1,533.394 fewer
burden hours from the previously approved burden of 4,797.994 hours due
to program adjustments.
(53 State agencies * 737.68 responses * 5 minutes (0.0835 hours) =
3,264.600 hours). Prior approval of 4,797.994 hours--3,264.600 hours =
1,533.394 fewer burden hours than previously reported.
Electronic Disqualified Recipient System Breakout: For Editing and
Resubmission 7 CFR 272.1(f)(3)
FNS estimates that 53 State agencies will edit and resubmit
reporting to eDRS system 88.52 times for a total of 4,691.64 annual
responses. FNS estimates that it will take approximately 10 minutes
(0.167 hours) for a State to edit and resubmit reporting to eDRS for a
total of 783.504 burden hours. This represents a change of 365.739
fewer burden hours from the previously approved 1,149.243 hours due to
program adjustments.
(53 State agencies * 88.52 responses * 10 minutes (0.167 hours) =
783.504 hours). Prior approval of 1,149.243 hours--783.504 = 365.739
fewer burden hours than previously reported.
Electronic Disqualified Recipient System Breakout: For Penalty Checks
using Mainframe 7 CFR 273.16(i)(4)
FNS estimates that 53 State agencies will use eDRS for penalty
checks using the mainframe 737.68 times for a total of 39,097.00 annual
responses. FNS estimates that it will take approximately 3 minutes
(0.0501 hours) for a State to run a penalty check using the mainframe
for a total of 1,958.760 burden hours. This represents a change of
20.661 additional burden hours from the previously approved 1,938.099
hours due to program adjustments.
(53 State agencies * 737.68 responses * 3 minutes (0.0501 hours) =
1,958.760 hours). Prior approval of 1,938.099 hours--1,958.76 hours =
20.661 additional annual burden hours than previously reported.
SA Recordkeeping Burden
Estimated Number of Recordkeepers: 53.
Estimated Total Records per Recordkeeper: 12,107.
Estimated Total Annual Records: 641,671.
Estimated Average # of Hours per Response: 0.0334.
[[Page 53788]]
Estimated Total Recordkeeping Hours: 21,431.811
Initiation of Overissuance Collection CFR 272.1(f)
Based on many years of performing these activities, FNS estimates
that 53 State agencies will perform recordkeeping for initiating a
collection action approximately 10,561.98 times for a total of
559,785.00 annual records. FNS estimates that it will take
approximately 2 minutes (0.0334 hours) for a State agency to perform
recordkeeping for initiation of a collection action for a total of
18,696.819 burden hours. This represents a change of 10,846.015 fewer
burden hours from the previously approved burden of 29,542.834 hours
due to program adjustments.
(53 State agencies * 10,561.98 records * 2 minutes (0.0334 hours) =
18,696.819 hours). Prior approval of 29,542.834 hours--18,696.819 hours
= 10,846.015 fewer annual burden hours than previously reported.
IPV Determinations CFR 272.1(f)
FNS estimates that 53 State agencies will perform recordkeeping for
Intentional program violations (IPVs) 1,545.02 times for a total of
81,886.00 annual records. FNS estimates that it will take approximately
2 minutes (0.0334 hours) for a State agency to update records for IPVs
for a total of 2,734.992 annual burden hours. This represents a change
of 162.257 fewer annual burden hours from the previously approved
burden of 2,897.25 hours due to program adjustments.
(53 State agencies *1,545.02 records * 2 minutes (0.0334 hours) =
2,734.992 hours). Prior approval of 2,897.25 hours--2,734.992 = 162.257
fewer annual burden hours than previously reported.
I/H Reporting Burden
Estimated Number of Respondents: 559,785.
Estimated Number of Responses per Respondent: 1.18604.
Total Number of Annual Responses: 663,925.00.
Estimated Time per Response: 0.03125
Estimated Total Annual Reporting Burden: 20,745.942.
Initiation of Overissuance Collection 7 CFR 273.18(a)(2)
Based on many years of reporting these activities, FNS estimates
approximately 559,785 respondents will respond 1 time for a demand
letter for overissuance for a total of 559,785 annual responses. FNS
estimates that it will take approximately 2 minutes (0.0334 hours) for
a respondent to respond to a demand letter for a total estimate of
18,696.819 annual burden hours. This represents a change of 10,846.015
fewer annual burden hours due to a program adjustment from the
previously approved burden of 29,542.834 hours.
(559,785 respondents * 1 response per respondent * 2 minutes
(0.0334 hours) = 18,696.819 hours). Prior approval of 29,542.834 -
18,696.819 = 10,846.015 fewer annual burden hours than previously
reported for individuals/households.
Notice for Hearing or Prosecution 7 CFR 273.16(e)(3)
FNS estimates approximately 42,789 respondents will respond 1 time
for a notice for hearing or prosecution for a total of 42,789 annual
responses. FNS estimates that it will take approximately 1 minute
(0.0167 hours) for a respondent to read a notice for hearing or
prosecution for a total estimate of 714.065 annual burden hours. This
represents a change of 14.488 fewer annual burden hours due to a
program adjustment from the previously approved burden of 729.065
hours.
(42,789 respondents * 1 response per respondent * 1 minute (0.0167
hours) = 714.576 hours). Prior approval of 729.065--714.576 = 14.488
fewer annual burden hours than previously reported for individuals/
households.
Administrative Disqualification Hearing Waiver 7 CFR 273.16(i)(2)
FNS estimates approximately 15,664 respondents will respond 1 time
for an administrative disqualification hearing waiver for a total of
15,664 annual responses. FNS estimates that it will take approximately
2 minutes (0.0334 hours) for a respondent to submit an administrative
disqualification hearing waiver for a total estimate of 523.178 annual
burden hours. This represents a change of 81.763 fewer annual burden
hours due to a program adjustment from the previously approved burden
of 604.941 hours.
(15,664 respondents * 1 response per respondent * 2 minutes (0.0334
hours) = 523.178 hours). Prior approval of 604.941--523.178 = 81.763
fewer burden hours than previously reported for individuals/households.
Disqualification Consent Agreement 7 CFR 273.16(i)(2)
FNS estimates approximately 2,898 respondents will respond 1 time
for a disqualification consent agreement for a total of 2,898 annual
responses. FNS estimates that it will take approximately 2 minutes
(0.0334 hours) for a respondent to submit a disqualification consent
agreement for a total estimate of 96.793 annual burden hours. This
represents a change of 131.963 fewer annual burden hours due to a
program adjustment from the previously approved burden of 228.757
hours.
(2,898 respondents * 1 response per respondent * 2 minutes (0.0334
hours) = 96.793 hours). Prior approval of 228.757--96.793 = 131.963
fewer burden hours than previously reported for individuals/households.
Action Taken on Hearing or Court Decision: For IPV Findings
273.16(e)(9)
FNS estimates approximately 39,097 respondents will respond 1 time
for an action taken on hearing or court decision for IPV findings for a
total of 39,097 annual responses. FNS estimates that it will take
approximately 1 minute (0.0167 hours) for a respondent to submit an
action taken on hearing or court decision for IPV findings for a total
estimate of 652.920 annual burden hours. This represents a change of
54.361 fewer annual burden hours due to a program adjustment from the
previously approved burden of 707.281 hours.
(39,097 respondents 1 response per respondent * 1 minute (0.0167
hours) = 652.920 hours). Prior approval of 707.281--652.920 = 54.361
fewer burden hours than previously reported for individuals/households.
Action Taken on Hearing or Court Decision: For No IPV Findings
FNS estimates approximately 3,692 respondents will respond 1 time
for an action taken on hearing or court decision for no IPV findings
for a total of 3,692 annual responses. FNS estimates that it will take
approximately 1 minute (0.0167 hours) for a respondent to submit an
action taken on a hearing or court decision for no IPV findings for a
total estimate of 61.656 annual burden hours. This represents a change
of 39.889 additional annual burden hours due to a program adjustment
from the previously approved burden of 21.767 hours.
(3,692 respondents * 1 response per respondent * 1 minute (0.0167
hours) = 61.656 hours). Prior approval 21.767--61.656 = 39.889
additional burden hours than previously reported for individuals/
households.
Grand Total Burden Reporting and Recordkeeping Burden: 135,525.984
total burden hours and 2,033,844.640 responses.
[[Page 53789]]
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Estimated
Estimated Total annual average Estimated Due to
Title CFR section of number of Responses per responses number of total hours Previously program Due to an Total
regulations respondents respondent (Col. DxE) hours per (Col. FxG) approved change adjustment difference
response
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STATE AGENCY
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Reporting Burden
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Demand Letter for Overissuance..... 273.18(a)(2).......... 53 10,561.98 559,785.00 0.1336 74,787.276 118,171.338 0.000 -43,384.062 -43,384.062
Notice for Hearing or Prosecution.. 273.16(e)(3).......... 53 807.34 42,789.00 0.1336 5,716.610 5,374.728 0.000 341.882 341.882
Action Taken on Hearing or Court 273.16(e)(9).......... 53 815.40 39,097.00 0.167 6,529.199 7,752.488 0.000 -1,223.289 -1,223.289
Decision: For IPV Findings.
Action Taken on Hearing or Court 273.16(e)(9).......... 53 69.66 3,692.00 0.0835 308.282 128.674 0.000 179.609 179.609
Decision: For No IPV Findings.
Electronic Disqualified Recipient 273.16(i)(2)(i)....... 53 737.68 39,097.00 0.0835 3,264.600 4,797.994 0.000 -1,533.394 -1,533.394
System Breakout: For eDRS
Reporting.
Electronic Disqualified Recipient 272.1(f)(3)........... 53 88.52 4,691.64 0.167 783.504 1,149.243 0.000 -365.739 -365.739
System Breakout: For Editing and
Resubmission.
Electronic Disqualified Recipient 273.16(i)(4).......... 53 737.68 39,097.00 0.05010 1,958.760 1,938.099 0.000 20.661 20.661
System Breakout: For Penalty
Checks using Mainframe.
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Total State Agency Reporting ...................... 53 13,818.261 728,248.640 0.12818 93,348.230 139,312.563 0.000 -45,964.332 -45,964.332
Burden.
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Estimated
Estimated average Estimated Due to
Title number of Records per Annual records number of total Previously program Due to an Total
recordkeepers recordkeeper hours per annual approved change adjustment difference
response records
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Recordkeeping Breakout: For 272.1(f)............ 53 10,561.98 559,785.00 0.0334 18,696.819 29,542.834 0.000 -10,846.015 -10,846.015
initiating Collection Action.
Recordkeeping Breakout: For IPVs... 272.1(f)............ 53 1,545.02 81,886.00 0.0334 2,734.992 2,897.250 0.000 -162.257 -162.257
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Total State Agency .................... 53 12,107.000 641,671.000 0.0334 21,431.811 32,440.084 0.000 -11,008.273 -11,008.273
Recordkeeping Burden.
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Estimated
Estimated average Due to
CFR section of number of Responses per Total annual number of Estimated Previously program Due to an Total
regulations respondents respondent responses hours per total hours approved change adjustment difference
response
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Total State Agency Burden......... .................. 53 25,847.540 1,369,919.640 0.0838 114,780.042 171,752.647 0.000 -56,972.605 -56,972.605
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Estimated
Estimated Total annual average Estimated Due to
Title number of Responses per responses number of total hours Previously program Due to an Total
respondents respondent (Col. DxE) hours per (Col. FxG) approved change adjustment difference
response
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HOUSEHOLD
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Reporting Burden
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Demand Letter for Overissuance........ 273.18(a)(2).......... 559,785.00 1.00 559,785.00 0.0334 18,696.819 29,542.834 0.000 -10,846.015 -10,846.015
Notice for Hearing or Prosecution..... 273.16(e)(3).......... 42,789.00 1.00 42,789.00 0.0167 714.576 729.065 0.000 -14.488 -14.488
Administrative Disqualification 273.16(i)(2).......... 15,664.00 1.00 15,664.00 0.0334 523.178 604.941 0.000 -81.763 -81.763
Hearing Waiver.
Disqualification Consent Agreement.... 273.16(i)(2).......... 2,898.00 1.00 2,898.00 0.0334 96.793 228.757 0.000 -131.963 -131.963
Action Taken on Hearing or Court 273.16(e)(9).......... 39,097.00 1.00 39,097.00 0.0167 652.920 707.281 0.000 -54.361 -54.361
Decision: For IPV Findings.
Action Taken on Hearing or Court 273.16(e)(9).......... 3,692.00 1.00 3,692.00 0.0167 61.656 21.767 0.000 39.889 39.889
Decision: For No IPV Findings.
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Total Household Reporting Burden.. ...................... 559,785 1.18604 663,925.000 0.03125 20,745.942 31,834.644 0.000 -11,088.702 -11,088.702
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SUMMARY OF BURDEN
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State Agency Level.................... ...................... 53 .............. 1,369,919.640 ........... 114,780.042 171,752.647 0.000 -56,972.605 -56,972.605
Household............................. ...................... 559,785 .............. 663,925.000 ........... 20,745.942 31,834.644 0.000 -11,088.702 -11,088.702
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Total Burden This Collection...... ...................... 559,838 3.63292 2,033,844.640 0.06664 135,525.984 203,587.291 0.000 -68,061.307 -68,061.307
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[[Page 53790]]
Pamilyn Miller,
Administrator, Food and Nutrition Service.
[FR Doc. 2020-18850 Filed 8-28-20; 8:45 am]
BILLING CODE 3410-30-P