Information Collection - SNAP Repayment Demand and Program Disqualification

Summary

In accordance with the Paperwork Reduction Act of 1995, this notice invites the general public and other public agencies to comment on this proposed information collection. This is a revision of currently approved information collection requirements associated with initiating collection actions against individuals/households (I/HH) who have received an overissuance in SNAP.

Request for Comments

Written comments must be received on or before July 9, 2024.

Comments may be sent to: Maribelle Balbes, Food and Nutrition Service, U.S. Department of Agriculture, 1320 Braddock Place, 5th Floor, Alexandria, VA 22314. Comments may also be submitted via email to snapsab@usda.gov. Comments will also be accepted through the Federal eRulemaking Portal. Go to http://www.regulations.gov and follow the online instructions for submitting comments electronically.

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.

Abstract

Section 13(b) of the Food and Nutrition Act of 2008, as amended (7 USC 2022(b)), and SNAP regulations at 7 CFR 273.18 require State agencies to initiate collection action against I/HH that have been overissued benefits. To initiate collection action, state agencies must provide an affected I/HH with written notification informing the I/HH of the claim and demanding repayment. This process is automated in most state agencies.

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 the Food and Nutrition Service that contains records of disqualifications in every state. State agencies are also responsible for updating the system, as required at 7 CFR 273.16, which includes reporting disqualifications in eDRS as they occur and updating eDRS when records are no longer accurate, relevant, or complete.

This information collection covers activities associated with initiating overissuance collections and IPV determinations. 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 control number 0584-0594, expiration date 09/30/2026. The burden associated with referring delinquent claims and receiving collections through the Treasury Offset Program is covered under currently approved OMB control number 0584-0446, expiration date 09/30/2025.