[Federal Register Volume 86, Number 225 (Friday, November 26, 2021)]
[Notices]
[Pages 67430-67432]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-25811]


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DEPARTMENT OF AGRICULTURE

Food and Nutrition Service


Agency Information Collection Activities: Proposed Collection; 
Comment Request--Federal Claims Collection Methods for Supplemental 
Nutrition Assistance Program Recipient Claims

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 revision of an existing 
collection announces the intent of the Food and Nutrition Service to 
revise and continue the requirements associated with initiating and 
conducting Federal collection actions against households with 
delinquent Supplemental Nutrition Assistance Program (SNAP) recipient 
debts.

DATES: Written comments must be submitted on or before January 25, 2022 
to be assured consideration.

ADDRESSES: Comments may be sent to Maribelle Balbes, Branch Chief, 
State Administration Branch, Program Accountability and Administration 
Division, Food and Nutrition Service, 5th floor, 703-605-4272, U.S. 
Department of Agriculture, 1320 Braddock Place, Alexandria, VA 22314. 
You may also download an electronic version of this notice at http://www.fns.usda.gov/snap/federal-register-documents/rules/view-all and 
comment via email at [email protected] or the Federal e-Rulemaking 
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 5:00 
p.m., Monday through Friday) at 1320 Braddock Place, Alexandria, VA 
22314, 5th floor.
    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: Requests for additional information or

[[Page 67431]]

copies of this information collection should be directed to Evan 
Sieradzki at 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 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.
    Title: Federal Claims Collection Methods for Supplemental Nutrition 
Assistance Program Recipient Claims.
    OMB Number: 0584-0446.
    Form Number: None.
    Expiration Date: November 30, 2022.
    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 
refer delinquent debtors for SNAP benefit over-issuance to the U.S. 
Department of the Treasury for collection. The Debt Collection 
Improvement Act of 1996 (Pub. L. 104-134), as amended by the Digital 
Accountability and Transparency Act of 2014 (Pub. L. 113-101), requires 
these debts to be referred to Treasury for collection when they are 120 
days or more delinquent. Through the Treasury Offset Program (TOP), 31 
CFR part 285, payments such as Federal income tax refunds, Federal 
salaries and other Federal payments payable to these delinquent debtors 
will be offset and the amount applied to the delinquent debt. TOP 
places a burden on State agencies and/or former SNAP recipients who owe 
delinquent debts in three areas: (1) 60-Day notices from State agencies 
to debtors that their debt will be referred to TOP; (2) State-level 
submissions; and (3) automated data processing (ADP). Below, the burden 
narrative and chart depicts the burden estimates by these three areas 
and affected public.

TOP 60-Day Notice Burden

    The burden associated with the information collection involves both 
the households (debtors) and the State agencies. The TOP 60-day notice 
notifies the household of the proposed referral to TOP and provides the 
right for review and appeal. The State agency prepares and mails the 
notices to households as well as responds to inquiries and appeals. The 
household, in turn, receives and reads the notice and may make an 
inquiry or appeal the impending action. Based on an average of the 
number of records for claims the States sent to TOP for calendar years 
2018, 2019, and 2020, we estimate that State agencies will produce and 
send, and that households will read, 249,953 TOP 60-day notices. We 
estimate that the households will submit and State agencies will 
respond to about 17,497 phone and informal inquiries. Households will 
file and the States will respond to an estimated 1,499 appeals. An 
additional 2,458 notices will be sent directly from FNS to Federal 
employees concerning the potential offset of their Federal salary. 
Historically, 30 percent of these notices will result in a phone 
inquiry from a household, and approximately 16 notices will result in a 
formal appeal to FNS requiring documentation from the State. Thus, the 
total number of responses for the 60-day notice and household inquiry 
is 547,650 responses (272,161 household responses + 275,489 State 
Agency responses) per year resulting in an annual reporting burden of 
48,099.64 hours. The existing burden for activity relating to the 60-
day notice is 56,653 hours. The net decrease of 8,553.36 hours is due 
to a decrease in the average number of 60-day notices sent to debtors 
by State agencies between 2018 and 2020.

TOP State-Level Submissions

    Treasury prescribes specific processes and file formats for FNS to 
use to send debts to TOP. FNS provides guidance and file formats to 
State agencies and monitors their compliance with such. State agencies 
must submit an annual letter to FNS certifying that all of the debts 
submitted in the past and all debts to be submitted in the upcoming 
calendar year by the State agency to TOP are valid and legally 
enforceable in the amount stated. FNS estimates that it will take State 
agencies a total of 26.5 hours per year for these State submissions. 
This burden has not changed with this revision. The burden requirements 
associated with establishing claims (demand letters) and for reporting 
activity with the FNS-209 (648 burden hours and 212 total annual 
responses) are already approved under the information collections for 
SNAP Repayment Demand and Program Disqualification (OMB burden numbers 
0584-0492, expiration date 07/31/2024; and 0584-0594, expiration date 
07/31/2023, respectively) and therefore, not duplicated in this 
request.

TOP ADP Burden

    The burden for ADP includes weekly file processing, monthly address 
requests and system maintenance. Weekly and monthly file processing 
includes requesting addresses to use to send out 60-day notices, adding 
and maintaining debts in TOP, correcting errors on unprocessable 
records, and posting weekly collection files. Much of this activity is 
completed using automation and involves an estimated 1.4 million 
records annually. FNS estimates that this activity takes 12,374.82 
annual reporting hours. Per 7 CFR 272.1(f), State agencies are required 
to retain all records associated with the administration of SNAP for no 
less than 3 years. The burden for the retention of weekly TOP files is 
estimated to take each of the 53 State agencies approximately 15 
minutes per week, or 689 recordkeeping burden hours. These burden 
estimates have not changed with this revision.

Summary of Estimated Burden

    The net aggregate change from the existing to the revised annual 
burden for this entire Information Collection is a decrease of 7,864.36 
hours from the previous submission. For the activity relating to the 
60-day notice, we are decreasing the estimated annual burden for State 
agencies and households from 56,653 hours to 48,099.64 hours to reflect 
a decrease in the number of notices and the resulting inquiries and 
appeals. The State-level submissions portion of the reporting and 
recordkeeping burden is estimated to require the same number of hours 
as the currently approved collection, 26.5 hours. The annual ADP 
portion of this burden package is also estimated to require the same 
number of hours as the currently approved collection, 12,374.82 
reporting and 689 recordkeeping hours. This results in a final total of 
48,788.64 annual burden hours.

Reporting Burden

    Affected Public: Individuals/Households (respondent type--Debtors).
    Estimated Number of Respondents: 272,161.
    Estimated Number of Responses per Respondent: 1.00.
    Estimated Total Number of Annual Responses: 272,161.
    Estimated Hours per Response: 0.096974.
    Estimated Total Annual Burden: 26,392.43 hours.

[[Page 67432]]

    Affected Public: State, Local or Tribal government.
    Estimated Number of Respondents: 53.
    Estimated Number of Responses per Respondent: 5,197.91.
    Estimated Total Number of Annual Responses: 275,489.
    Estimated Hours per Response: .08.
    Estimated Total Annual Burden: 21,707.21 hours.

State Agency Recordkeeping Burden

    Affected Public: State, Local or Tribal government.
    Estimated Number of Respondents: 53.
    Estimated Number of Responses per Respondent: 52.
    Estimated Total Number of Annual Responses: 2,756.
    Estimated Hours per Response: .25.
    Estimated Total Annual Burden: 689.

Reporting and Recordkeeping Burden Estimates

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                                                                                                                                                Total
                                                                                       Number of      Number of       Total      Hours per      annual
                 Section of reg                               Description             respondents   responses per     annual      response      burden
                                                                                                     respondent     responses                   hours
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                                                                  Households (Debtors)
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A. Due-Process Notice Requirements:
    273.18(n)(2)................................  Reading State Issued Notice.......      249,953            1.00      249,953       0.0835    20,871.10
                                                  Informal Inquiries to State.......       17,497            1.00       17,497         0.25     4,374.19
                                                  Formal Appeals to State...........        1,499            1.00        1,499         0.50       749.29
                                                  Reading FNS issued letter to              2,458            1.00        2,458       0.0835       205.28
                                                   Federal employees.
                                                  Phone Inquires and informal                 738            1.00          738         0.25       184.38
                                                   appeals for FNS letter.
                                                  Formal appeals to FNS.............           16            1.00           16          0.5         8.19
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    Totals......................................  ..................................      272,161            1.00      272,161     0.096974    26,392.43
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                                                                     State Agencies
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A. Due-Process Notice Requirements:
    273.18(n)(2)................................  State Notice Production...........           53        4,716.10      249,953       0.0167     4,174.22
                                                  Responding to State Phone/informal           53          330.13       17,497         0.25     4,374.19
                                                   Inquires.
                                                  Responding to State Formal Appeals           53           28.28        1,499         0.50       749.29
                                                  Providing documents for formal               53            0.31           16         0.50         8.19
                                                   appeals to FNS.
B. State Agency Reporting:
    273.18(n)(1)(ii)............................  Certification Letter..............           53            1.00           53         0.50        26.50
C. TOP Automated Data Processing:
    273.18(n)(1), 273.18(n)(4)..................  System Compatibility File.........           53            1.00           53        11.50       609.50
                                                  Address File......................           53            8.00          424       1.6346       693.07
                                                  Collections File..................           53            8.00          424         6.50     2,756.00
                                                  State Agency Profile..............           53            1.00           53         0.25        13.25
                                                  Testing New System................            5            1.00            5         7.00        35.00
                                                  Weekly Files......................           53           52.00        2,756         1.50     4,134.00
                                                  Weekly Files--Post TOP Data.......           53           52.00        2,756         1.50     4,134.00
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    Totals......................................  ..................................           53        5,197.91      275,489         0.08    21,707.21
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        Overall Totals..........................  ..................................      272,214            2.01      547,650         0.09    48,099.64
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                                  CFR 272.1(f) State Agency Recordkeeping Only
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                               Annual records per   Total records per                        Total recordkeeping
   Number of recordkeepers        recordkeeper         recordkeeper       Hours per record          burden
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53..........................                  52                2,756                 0.25               689.00
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Cynthia Long,
Administrator, Food and Nutrition Service.
[FR Doc. 2021-25811 Filed 11-24-21; 8:45 am]
BILLING CODE 3410-30-P