Privacy Act of 1974: Computer Matching Program for the Disqualified Recipient SubsystemU.S. Department of Agriculture and State Welfare Agencies Administering the Food Stamp Program

DEPARTMENT OF AGRICULTURE

Privacy Act of 1974: Computer Matching Program for the

Disqualified Recipient Subsystem--U.S. Department of Agriculture and

State Welfare Agencies Administering the Food Stamp Program

AGENCY: Office of the Secretary, USDA.

ACTION: Third Notice of Computer Matching Programs for the Disqualified

Recipient Subsystem--U.S. Department of Agriculture and State welfare

agencies administering the Food Stamp Program.

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SUMMARY: On June 16, 1993, (58 FR 33246) and again on November 29,

1993, (58 FR 62634), the Food and Nutrition Service (FNS), U.S.

Department of Agriculture (USDA) provided notice of its intent to

conduct a computer matching program with all 50 States as well as the

District of Columbia, Guam, and the Virgin Islands. Not all of the

States were fully prepared to participate in the computer matching

program at its inception and only those 28 States that had executed

computer matching agreements were included under the first notice. The

second notice announced the participation of an additional 12 States.

This third notice announces the participation of the remaining 13

States in the computer matching program. Included are the States of

Iowa, Kansas, Maine, Massachusetts, Minnesota, Missouri, Montana,

Nebraska, Ohio, Rhode Island, South Dakota, Texas, and Utah.

The matching program will enable State agencies to determine

appropriate periods of disqualification from participation in the Food

Stamp Program for intentional program violations. To assign appropriate

periods of disqualification, State agencies will match data on

individuals recently determined to have committed intentional program

violations with an FNS-maintained, centralized data bank list of

individuals previously disqualified. Then, based on the number of times

an individual has been disqualified, an appropriate period of

disqualification will be assigned for the latest violation.

The matching program will also enable State agencies to prevent the

certification or detect the participation of individuals who are in a

disqualified status. At their option, State agencies may match the FNS-

supplied data against their records of applicants and/or recently-

certified individuals to insure that those currently in a disqualified

status do not participate. Matches will be conducted in accordance with

written agreements between USDA and each of the State agencies.

This notice is required by Public Law No. 100-503, the Computer

Matching and Privacy Protection Act of 1988. The information provided

is in accordance with paragraph 6.c. of the Final Guidance Interpreting

Pub. L. 100-503 issued by the Office of Management and Budget, 54 FR

25818 (June 19, 1989). A copy of this notice has been provided to the

Committee on Government Operations, U.S. House of Representatives, the

Committee on Governmental Affairs, U.S. Senate, and the Office of

Management and Budget.

DATES: In accordance with section 2 of Pub. L. 100-503, the Computer

Matching and Privacy Protection Act of 1988, 5 U.S.C. 552a(o)(2)(B),

the matching programs will begin no sooner than 30 days after the

signed agreements are transmitted to the Committee on Government

Operations, U.S. House of Representatives, the Committee on

Governmental Affairs, U.S. Senate, and the Office of Management and

Budget. This matching program will continue for 18 months, the maximum

time period allowed under section 2 of Pub. L. 100-503, 5 U.S.C.

552a(o)(2)(C). At the end of that period, with the approval of the USDA

Data Integrity Board, this matching program may be extended for an

additional year without further notice.

ADDRESSES: Comments and inquiries should be addressed to: Cecilia

Fitzgerald, Supervisor, State Management Section, State Administration

Branch, Program Accountability Division, Food and Nutrition Service,

U.S. Department of Agriculture, Room 907, 3101 Park Center Drive,

Alexandria, VA 22302, telephone (703) 305-2386.

SUPPLEMENTARY INFORMATION: Pub. L. 97-35, the Omnibus Budget

Reconciliation Act of 1981, requires that individuals who intentionally

violate Food Stamp Program regulations more than once be assigned

increasingly longer periods of disqualification for each subsequent

offense. To assign appropriate disqualification periods, State agencies

must have access to information on individuals who have previously been

disqualified in other jurisdictions as well as their own. Although

Congress, in Pub. L. 97-35, did not specify a system for assuring State

agencies access to information on disqualified individuals, it did

require State agencies to report disqualification actions to FNS. Thus,

to enable States to act on this information as Congress intended, FNS

will make this information available to State agencies through the

Disqualified Recipient Subsystem.

FNS will act as the central collection point for data on

disqualified individuals, which States will then access through the

Disqualified Recipient Subsystem. The data will include the name,

social security number, date of birth, and sex of disqualified

individuals. If data in the Disqualified Recipient Subsystem indicates

that an individual had been disqualified previously, the information

obtained from the Disqualified Recipient Subsystem will be verified

before a new period of disqualification is assigned. If the information

in the Disqualified Recipient Subsystem originated in another State,

that State will be asked to verify the subject data. This procedure

will also be followed before any action is taken to deny an

individual's application or terminate an individual's participation

based on a match with the Disqualified Recipient Subsystem.

Food Stamp Program regulations provide for notification and due-

process rights for individuals adversely affected by computer match

programs.

Food and Nutrition Service, USDA, and the States of Iowa, Kansas,

Maine, Massachusetts, Minnesota, Missouri, Montana, Nebraska, Ohio,

Rhode Island, South Dakota, Texas, and Utah.

To facilitate the Congressional mandate to increase the length of

disqualifications from the Food Stamp Program for repeated instances of

fraudulently obtaining Food Stamp Program benefits and to verify

eligibility of applicants for Food Stamp Program benefits.

Authority: 7 U.S.C. 2015, the Food Stamp Act of 1977, as

amended.

(1) The FNS-maintained file of State-provided disqualification

information is entitled ``Information on Persons Disqualified from the

Food Stamp Program'' and designated as USDA/FNS-5. This Privacy Act

System of Records consists of standardized records containing

identifying information (first name, middle initial, last name; social

security number; date of birth; and sex) on individuals disqualified

from the Food Stamp Program and information identifying the location,

date(s), and length(s) of any disqualification determined and imposed.

(2) State agency food stamp recipient information files for each

State, the District of Columbia, Guam, and the Virgin Islands.

In accordance with section 2 of Pub. L. 100-503, 5 U.S.C.

552a(o)(2)(B) the Computer Matching and Privacy Protection Act of 1988,

the matching programs will begin no sooner than 30 days after the

signed agreements are transmitted to the Committee on Government

Operations, U.S. House of Representatives, the Committee on

Governmental Affairs, U.S. Senate, and the Office of Management and

Budget. They will continue for 18 months, the maximum time period

allowed under section 2 of Pub. L. 100-503, 5 U.S.C. 552a(o)(2)(C). At

the end of that period, with the approval of the USDA Data Integrity

Board, this matching program may be extended for an additional year

without further notice.

Comments and inquiries should be addressed to: Cecilia Fitzgerald,

Supervisor, State Management Section, State Administration Branch,

Program Accountability Division, Food and Nutrition Service, U.S.

Department of Agriculture, Room 907, 3101 Park Center Drive,

Alexandria, VA 22302, telephone (703) 305-2386.

Signed at Washington, DC, on July 25, 1994.

Mike Espy,

Secretary.

[FR Doc. 94-18885 Filed 8-2-94; 8:45 am]

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