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

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Published

November 26, 2021

Issuing agencies

Agriculture DepartmentFood and Nutrition Service

Abstract

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.

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<title>Federal Register, Volume 86 Issue 225 (Friday, November 26, 2021)</title>
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[Federal Register Volume 86, Number 225 (Friday, November 26, 2021)]
[Notices]
[Pages 67430-67432]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="http://www.fns.usda.gov/snap/federal-register-documents/rules/view-all">http://www.fns.usda.gov/snap/federal-register-documents/rules/view-all</a> and
comment via email at <a href="/cdn-cgi/l/email-protection#3a69747b6a697b787a5c5449144f495e5b145d554c"><span class="__cf_email__" data-cfemail="590a1718090a181b193f372a772c2a3d38773e362f">[email&#160;protected]</span></a> or the Federal e-Rulemaking
Portal. Go to <a href="http://www.regulations.gov">http://www.regulations.gov</a> 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

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