[Federal Register Volume 63, Number 12 (Tuesday, January 20, 1998)]
[Notices]
[Pages 2942-2943]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-1184]
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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
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. 63, No. 12 / Tuesday, January 20, 1998 /
Notices
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DEPARTMENT OF AGRICULTURE
Office of the Secretary
Privacy Act: Renewal of a Computer Matching Program
AGENCY: Office of the Secretary, USDA.
ACTION: Notice of renewal of a computer matching program.
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SUMMARY: The U.S. Department of Agriculture (USDA) is giving notice of
a renewal of a computer program between the Food and Nutrition Service
(FNS) and the U.S. Postal Service (USPS) for the purpose of debt
collection.
DATES: This renewal will become effective on March 2, 1998, unless
modified by a subsequent notice to incorporate comments received from
the public. To be assured of consideration, comments must be received
by the contact person listed below on or before February 19, 1998.
ADDRESSES: Comments should be addressed to James I. Porter, Assistant
Branch Chief, State Administration Branch, Program Accountability
Division, Food Stamp Program, 3101 Park Center Drive, Room 905,
Alexandria, Virginia 22302.
FOR FURTHER INFORMATION CONTACT: Joseph M. Scordato, Food and Nutrition
Service Privacy Act Officer, 3101 Park Center Drive, Room 308,
Alexandria, Virginia 22302. Telephone (703) 305-2244.
SUPPLEMENTARY INFORMATION: This computer matching program is conducted
to (1) identify postal employees who owe delinquent debts to the
Federal government under the Food Stamp Program (FSP) administered by
USDA's FNS and (2) collect those debts under the salary offset
provisions of the Debt Collection Act of 1982 when voluntary repayment
is not forthcoming. As part of their responsibility for administering
the FSP, State agencies are responsible for establishing claims for
these overissued benefits and for taking certain steps to try to
collect those claims.
The Debt Collection Improvement Act of 1996 expanded the statutory
authority for administrative offset by creating the Treasury Offset
Program (TOP). Under TOP, agencies are required to transfer delinquent
non-tax debt to Treasury for the purpose of offsetting Federal payments
for debt collection. When fully implemented TOP will operate in
accordance with statutory and regulatory authorities, including those
contained in 31 U.S.C. 3716 and 4 CFR part 102. Because TOP has not yet
been fully implemented, FNS will collect the debts through the Federal
Salary Offset Program (FSOP).
FNS has been referring delinquent food stamp debts that were the
result of an intentional Program violation or an inadvertent household
error. The Personal Responsibility and Work Opportunity Reconciliation
Act of 1996 broadened the scope of referable debts to include State
agency error claims.
This computer match will provide otherwise unavailable information
which State agencies can use to try to collect delinquent food stamp
claims owed by USPS employees. The public was given notice of the
current matching program in a General Notice at 59 FR 42205, dated
August 17, 1994. This Notice is being published as required by
Subsection (e)(12) of the Privacy Act of 1974 (5 U.S.C. 552a(e)(12)),
as amended by the Computer Matching and Privacy Act of 1988 (Pub. L.
100-503).
The following information is provided as required by paragraph
(b)(3) of Appendix I to Office of Management and Budget Circular A-130,
dated February 20, 1996.
1. Participating agencies: The recipient agency is USPS. The source
agency is USDA.
2. Beginning and ending dates: The matching program will begin with
the effective date of this notice and continue in effect no longer than
December 31, 1998. If within 3 months of the termination date, the Data
Integrity Boards of both USDA and the USPS find that the matching
program can be conducted without change, and both USDA and the USPS
certify that the matching program has been conducted in compliance with
the matching agreement, the matching program may be extended for 1
additional year.
3. Purpose of the match: In addition to providing information to
assist in collecting delinquent food stamp recipient claims, the names
of USPS employees identified through this matching program will be
removed from lists of delinquent debts being referred to the Internal
Revenue Service (IRS) for collection from Federal income tax refunds.
This action is required to conform to an IRS requirement for the
Federal Income Tax Refund Offset Program (FTROP). (A description of
FTROP is contained in a final rulemaking at 60 FR 45990, dated
September 1, 1995.)
4. Description of the match: The subject matching program will
involve several steps. USDA will provide USPS a magnetic computer tape
of claims submitted by State agencies participating in FTROP. By
computer, USPS will compare that information with its payroll file,
identifying matched individuals on the basis of Social Security Numbers
(SSNs). For each matched individual, the USPS will provide to USDA the
individual's name, SSN, home address, date of birth, work location, and
employee type (permanent or temporary).
USDA will prepare lists of matched individuals according to the
State agencies which established the claim for the overissued benefits
and will distribute the State agency lists accordingly. The respective
State agencies will review those lists and their casefiles. In this
review State agencies will verify identity and debtor status of the
matched individuals by comparing those lists of matched individuals to
their records on the debts and by conducting independent inquiries when
necessary to resolve questionable identities. State agencies will also
review the records of payments to determine if the debt is still
delinquent and the correct amount of the debt.
In addition to verifying debtor identity and the status of the
debt, prior to USDA taking any steps to refer debts for offset, State
agencies will provide debtors with a 30-day written notice stating the
amount of the debt and that the debtor may repay the debt voluntarily
by entering into a written agreement with the State agency. Debts not
repaid voluntarily would be referred to USDA for involuntary offset.
Prior to such action, USDA will notify debtors of
[[Page 2943]]
the intended collection action and offer them an opportunity for a
hearing on the debt, including the right to copy documentation relating
to the debt.
5. Legal authorities: This matching program will be conducted under
the following authorities:
(a) The Debt Collection Act of 1982 (5 U.S.C. 5514), which gives
authority to Federal agencies to offset the salaries of Federal and
USPS employees who are delinquent on debts owed to the Federal
government.
(b) The Debt Collection Improvement Act of 1996 (5 U.S.C. 5514(a))
which provides for salary offset and (31 U.S.C. 3716(c)) which mandates
centralized administrative offset through the Treasury Offset Program.
(c) The Personal Responsibility and Work Opportunity Reconciliation
Act of 1996 (7 U.S.C. 2022(b)(1)) which added a new category of claims,
State agency error claims, to those eligible for offset.
(d) Office of Personnel Management (OPM) regulations, 5 CFR part
550, subpart K (Collection by Offset from Indebted Government
Employees), Secs. 550.1101-1108, which set the standards for Federal
agency rules implementing the Debt Collection Act.
(e) USDA regulations at 7 CFR part 3, subpart C, which implement 5
U.S.C. 5514 and OPM regulations, and which authorize USDA agencies to
issue regulations governing debt collection by salary offset (7 CFR
3.68).
(f) USDA regulations at 7 CFR 273.18 (g)(6) which set the
procedures for the operation of the Federal salary offset program for
the FSP.
(g) Section 13941 of the Omnibus Budget Reconciliation Act of 1993
(Pub. L. 103-66), which amended Sections 11(e)(8) and 13 of the Food
Stamp Act of 1977, 7 U.S.C. 2020(e)(8), 2022, to authorize the Federal
salary offset program for the FSP.
6. Categories of individuals involved: Two groups of individuals
will be involved with this matching program. One group is USPS
employees. The other group is individuals who have participated in the
Food Stamp Program but are no longer participating, and who owe
delinquent debts for overissued food stamp benefits for which they are
not making repayments.
7. Record systems used: (a) USPS will use records from its Privacy
Act system of records ``Finance Records--Payroll System, USPS
050.020,'' containing payroll records for approximately 700,000 current
employees. Disclosure will be made pursuant to routine use Number 24 of
USPS 050.020, (57 FR 57515, dated December 4, 1992).
(b) USDA will use records from its Privacy Act system of records
``Claims Against Food Stamp Recipients--USDA/FNS--3,'' containing
approximately 350,000 records. Disclosure will be made pursuant to
routine use Number 4 of record system USDA/FNS--3, (58 FR 48633, dated
September 17, 1993).
8. Agency contact: Inquiries about this matching program should be
directed to James I. Porter, Assistant Branch Chief, State
Administration Branch, Program Accountability Division, Food Stamp
Program, FNS, USDA, 3101 Park Center Drive, Room 905, Alexandria,
Virginia 22302, telephone (703) 305-2385.
Dated: January 6, 1998.
Dan Glickman,
Secretary of Agriculture.
[FR Doc. 98-1184 Filed 1-16-98; 8:45 am]
BILLING CODE 3410-30-U
