[Federal Register Volume 89, Number 145 (Monday, July 29, 2024)]
[Notices]
[Pages 60855-60856]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-16592]


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 Notices
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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. 89, No. 145 / Monday, July 29, 2024 / 
Notices  

[[Page 60855]]



DEPARTMENT OF AGRICULTURE


Submission for OMB Review; Comment Request

    The Department of Agriculture has submitted the following 
information collection requirement(s) to OMB for review and clearance 
under the Paperwork Reduction Act of 1995, Public Law 104-13. Comments 
are requested regarding; whether the collection of information is 
necessary for the proper performance of the functions of the agency, 
including whether the information will have practical utility; the 
accuracy of the agency's estimate of burden including the validity of 
the methodology and assumptions used; ways to enhance the quality, 
utility and clarity of the information to be collected; and 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.
    Comments regarding this information collection received by August 
28, 2024 will be considered. Written comments and recommendations for 
the proposed information collection should be submitted within 30 days 
of the publication of this notice on the following website 
www.reginfo.gov/public/do/PRAMain. Find this particular information 
collection by selecting ``Currently under 30-day Review--Open for 
Public Comments'' or by using the search function. An agency may not 
conduct or sponsor a collection of information unless the collection of 
information displays a currently valid OMB control number and the 
agency informs potential persons who are to respond to the collection 
of information that such persons are not required to respond to the 
collection of information unless it displays a currently valid OMB 
control number.

Food and Nutrition Service

    Title: Supplemental Nutrition Assistance Program Repayment Demand 
and Program Disqualification.
    OMB Control Number: 0584-0492.
    Summary of Collection: This information collection request is 
associated with initiating collection actions against households who 
received an over issuance in the Supplemental Nutrition Assistance 
Program (SNAP), issuing notifications to SNAP households regarding 
processes related to intentional program violations (IPV), and using 
disqualified recipient data to ascertain the correct penalty for IPVs, 
based on prior disqualifications.
    Section 13(b) of the Food and Nutrition Act of 2008, as amended (7 
U.S.C. 2022(b)), and SNAP regulations at 7 CFR 273.18(a)(2) require 
State agencies to initiate collection action against households that 
have been overissued benefits. To initiate collection action, State 
agencies must provide the affected household with written notification 
informing the household of the claim and demanding repayment. This 
process is automated in most State agencies.
    SNAP regulations at 7 CFR 273.16(a)(1) require State agencies to 
investigate any case of suspected fraud and, where applicable, make an 
IPV determination either administratively or judicially. This activity 
is vital to protect and enhance the integrity of SNAP.
    SNAP regulations at 7 CFR 273.16(i)(4) require State agencies to 
use disqualified recipient data to ascertain the correct penalty for 
IPVs, based on prior disqualifications.
    Electronic Disqualified Recipient System (eDRS) for Accessing, 
Reviewing, and Updating Disqualified Recipient Data--SNAP regulations 
at 7 CFR 273.16(i)(4) 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 the Food and 
Nutrition Service (FNS) that contains records of disqualifications in 
every State. State agencies are also responsible for updating the 
system, as required at 273.16(i)(2)(i), which includes reporting 
disqualifications in eDRS as they occur and updating eDRS when records 
are no longer accurate, relevant, or complete.
    Retention of records. Each State agency shall retain all Program 
records in an orderly fashion for audit and review purposes for no less 
than 3 years from the month of origin of each record. In addition:
    Case records relating to intentional Program violation 
disqualifications and related notices to the household shall be 
retained indefinitely until the State agency obtains reliable 
information that the record subject has died or until FNS advises via 
the disqualified recipient database system edit report that all records 
associated with a particular individual, including the disqualified 
recipient database record, may be permanently removed from the database 
because of the individual's 80th birthday.
    Disqualification records submitted to the disqualified recipient 
database must be purged by the State agency that submitted them when 
the supporting documents are no longer accurate, relevant, or complete. 
The State agency shall follow a prescribed records management program 
to meet this requirement. Information about this program shall be 
available for FNS review.
    Need and Use of the Information: Initiating Collection Action--The 
notification must conform to the requirements of 7 CFR 273.18(e)(3)(iv) 
to include the data The amount of the claim, the intent to collect from 
all adult household members, the type of and reason for the claim, the 
time period associated with the claim, how the claim was calculated, a 
listing of payment procedures and applicable options, a listing of 
appeal and due process rights, and listing of actions that may be taken 
if the claim is not timely paid.
    Intentional Program Violations (IPV)--A State agency may determine 
an IPV by the individual accepting the penalty by signing a waiver of 
right to an administrative disqualification hearing (ADH), the 
individual signing a disqualification consent agreement in cases of 
deferred adjudication, or an administrative hearing official or a court 
of appropriate jurisdiction determining that the individual committed 
the IPV.
    SNAP regulations at 7 CFR 273.16(e)(3) require that State agencies 
provide written notification of an

[[Page 60856]]

impending ADH to the individual suspected of committing an IPV. The 
notification contains an explanation of the charge against the 
individual, the potential penalties, and a listing of the rights and 
options afforded to the individual. A similar notification is sent to 
individuals who are being prosecuted through the court.
    In some State agencies, one of the options available to the 
individual under 7 CFR 273.16(f)(2) is the ability for the individual 
to waive the right to an ADH and accept the disqualification penalty. 
The disqualification waiver may be included in the advance notification 
or provided as a separate attachment for the individual to sign and 
submit to avoid having the ADH. Similarly, under 7 CFR 273.16(h)(2), 
State agencies may establish procedures to provide the accused 
individual with the option to consent to a Program disqualification to 
avoid criminal prosecution.
    Once a determination is made regarding an IPV, the State agency 
must send notification to the affected individual of the action taken 
on the ADH or court decision, as required at 7 CFR 273.16(e)(9). This 
includes notifying the person that he/she will be disqualified and when 
the disqualification will become effective. 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 determine 
this is by accessing and checking eDRS. eDRS is an automated system 
developed by FNS that contains records of disqualifications in every 
State. Per 7 CFR 273.16(i)(4) State agencies are responsible for 
checking eDRS to determine the appropriate length of each 
disqualification.
    7 CFR 273.16(i)(2)(i) requires State agencies to update the eDRS 
system, which includes reporting disqualifications as they occur and 
removing records which are no longer accurate, relevant, or complete. 
States have a choice between using a batch process for correcting and 
resubmitting data or submitting data directly through the eDRS website. 
Data entry errors are identified at the point of entry and corrections 
can be made immediately.
    Description of Respondents: State Agencies and Individuals.
    Number of Respondents: 486,769.
    Frequency of Responses: Recordkeeping; Reporting: Occasionally; 
Annually.
    Total Burden Hours: 99,786.9643.

Rachelle Ragland-Greene,
Departmental Information Collection Clearance Officer.
[FR Doc. 2024-16592 Filed 7-26-24; 8:45 am]
BILLING CODE 3410-30-P