Agency Information Collection Activities; Proposed Collection; Comment Request; Model Food Stamp Forms, Periodic Reporting, Notice of Late/Incomplete Report, etc.

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. The information collection

requirements described below are limited to that which is necessary to

comply with Sections 3, 5, 6, 11 and 13 of the Food Stamp Act of 1977,

governing the application, certification, and ongoing eligibility of

food stamp households.

DATES: Written comments must be submitted on or before April 7, 1997.

ADDRESSES: Comments may be sent to Judith M. Seymour, Chief,

Certification Policy Branch, Program Development Division, Food and

Consumer Service, U.S. Department of Agriculture, 3101 Park Center

Drive, Alexandria, VA 22302. 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 has 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.

All responses to this notice will be summarized and included in the

request for OMB approval. All comments will also become a matter of

public record.

FOR FURTHER INFORMATION CONTACT: Requests for additional information or

copies of the pertinent forms should be directed to Judith M. Seymour

(703) 305-2494.

SUPPLEMENTARY INFORMATION:

Title: Model Food Stamp Forms, Periodic Reporting, Notice of Late

Incomplete Reports, etc.

OMB Number: 0584-0064.

Form Numbers: FCS-385, 386, 387, 394, 396, 437, 439, 441, 442.

Expiration Date: 04/30/97.

Type of Request: Extension of a currently approved information

collection.

Abstract: Title 7 CFR Part 273 of the Food Stamp Program (Program)

regulations sets forth the requirements for food stamp household

application, certification, and continued eligibility for food stamp

benefits.

Ending use of FCS-designed certification related forms. Section 835

of Pub. L. 104-193, the Personal Responsibility and Work Opportunity

Reconciliation Act of 1996, amended section 11(e)(2) of the Food Stamp

Act of 1977 (the Act), 7 U.S.C. 2020(e)(2), to revoke the mandate that

the Food and Consumer Service (FCS) develop a model application form

which States are required to use. Prior to this amendment, FCS approval

was required for use of a State-designed deviation from the model

application form. Section 11(e)(2)(B)(ii) of the Act now makes State

agencies responsible for developing an application for participation

requiring information necessary to comply with the certification

provisions of the Act. In the past, FCS undertook the task of

developing and updating several forms relating to certification of

Program applications and distributed them to State agencies. States had

the option of using these forms or developing their own as long as they

met the requirements described in the Program regulations. Because FCS

is no longer responsible for designing uniform certification forms,

include a model application form, FCS is proposing to discontinue all

the FCS model certification forms. State agencies are expected to

design their own forms to document the certification activities

described in the regulations. The information collection, reporting, or

recordkeeping burden associated with each application/certification

action remains in effect and will continue to be reported to OMB.

In addition, while this notice addresses the proposed burden

associated with extending OMB approval of all line items currently

covered under OMB No. 0584-0064, we intend to separate the burden

described and submit two separate information collection packages to

OMB for approval. One package will include only application and

certification related burden as described in items 1 through 11 below

and will be entitled ``Application and Certification of Food Stamp

Program Households.'' The remaining burden (items 12 through 14) will

be submitted to OMB for approval separately in order to capture burden

associated with all fraud related activities under one separate and

distinct OMB approval number. The FCS model notices associated with

these fraud activities will also be discontinued. State agencies will

design their own notices.

The estimated burden hours associated with Program applications is

derived from using a base figure of 18,300,000 which is the average

number of applications received each year based on data obtained from

the FCS-366B report submitted by State agencies to FCS. The 18,300,000

estimated figure includes both those applications which are approved

for participation and those that are rejected. Thus, the actual number

of application forms filed will always exceed the number of households

actually participating in the program.

The actual number of households currently receiving food stamps is

approximately 10,900,000 (hereafter referred to as the caseload) as

reported by the FCS-388 report. This figure is used in computing burden

associated with participating households. This figure is also the basis

for determining burden imposed on local agency staff who deal with

households on a daily basis. Due to a lack of data on the number of

local staff and/or the number of food stamp cases each staff person

handles in a given year. FCS assumes

[[Page 5381]]

there is one local agency worker per applicant/participating household.

Proposed estimated information collection and recordkeeping burden

hours associated with burden approved under OMB No. 0584-0064 are

outlined below and adjusted to reflect recent data:

(1) Application burden. State agencies must design an application

which contains the information necessary to comply with the eligibility

requirements of the Act. Households must complete an application in

order to obtain benefits. The number of burden hours assumes that all

applicants will complete the entire application because no data is

available on the number of households that complete only part of the

application. Number of respondents is equal to the number of initial

and recertification applications received annually as reported by State

agencies on form FNS-366B, Program Activity Statement. The data

assumes, on average, that each applicant will file either one initial

or one recertification application yearly. Household burden to complete

an application is estimated to be 13.274 minutes (or .2290 hours).

(2) Calculating food stamp eligibility through use of a worksheet.

An application worksheet is used by eligibility workers to make income

and resource eligibility determinations and calculate benefit levels

for households. A worksheet will be used with 80% (14,640,000) of all

applications received; 25% (2,289,000) of all change in circumstances

report forms received (as discussed below); and 16% (3,348,480) of all

monthly report forms received (as discussed below). Based on these

estimates, the total average number of worksheets processed annually is

estimated to be 20,277,480. Average time to complete a worksheet is

estimated at 27.837 minutes (or .4640 hours).

(3) Monthly reporting burden. State agencies have the option to

require certain households to report information on a monthly basis.

These households must complete a monthly report form, designed by the

State agency, in order to meet the monthly reporting requirements. The

estimated number of households who submit monthly reports is 16% of the

total number of households participating in the Program (1,744,000).

This amount is multiplied by 12 months to determine the total number of

monthly reports. Burden to complete this form is estimated to be 9.702

minutes (or .1617 hours) per form.

(4) Explaining monthly reporting to households. Where State

agencies have opted for monthly reporting, the process must be

explained to affected households. Eligibility workers will explain the

monthly reporting process at least once to 16% of the total number of

households participating in the Program (1,744,000). Explaining monthly

reporting is estimated to be a burden of 4.998 minutes (or .0833 hours)

per household.

(5) Households reporting changes in circumstances. Households not

required to monthly report, including those subject to less frequent

periodic reporting, must report certain changes in household

circumstances as they occur anything during the certification period.

It is estimated that one change report form will be submitted annually

by non-monthly reporting households which represents about 84% of the

total caseload (9,156,000). Estimated time to complete this form is

9.703 minutes (or .1617 hours).

(6) Notice to monthly reporting households of late/incomplete

monthly reports. Monthly households must be given additional time to

file a late report or to provide missing information or verification.

It is estimated that 5% (1,046,400) of the monthly reports expected to

be received (10,928,000) will be late or incomplete resulting in the

use of such a notice. Reporting burden is estimated to be 6.69 minutes

(or .1115 hours) per notice.

(7) Informing households about action taken on their food stamp

case. Each household that submits an initial application or a re-

application must receive notification of the action taken by the State

agency. The notice contains one of three actions: notice of

eligibility, denial notice, or notice of pending status. Estimates are

based on the need to provide this notice to 18,300,000 households

annually. It is estimated that it takes a caseworker 6.69 minutes (or

.1115 hours) to prepare this form.

(8) Notifying households of the expiration of their certification

periods. Households must be provided with a notice of expiration

regarding the certification process and the need to reapply for

benefits. It is estimated that 10% of the caseload (those certified for

less than 6 months) will submit two re-applications a year; 24% of the

caseload (those certified for six months) will submit one re-

application; and 66% of the caseload (those certified for more than six

months) will submit either an application for recertification or an

initial application. Only half (3,598,500) of the households certified

for more than six months will be applying for recertification.

Eligibility workers will generate notices of expiration an average of

.745 times per household, for a total of 8,120,500 (10,900,000 x .745).

The estimated preparation time for this form is 4.998 minutes (or .0833

hours) per form.

(9) Informing households about a reduction in their food stamps.

Non-monthly reporting households which submit a change in circumstances

report form must receive a written notice of any action to reduce or

terminate benefits in advance of the date the action will become

effective. It is estimated that 50% of change reports received will

result in reduction or termination of benefits which require

eligibility workers to provide this notice. On average, caseworkers

will generate 4,578,000 of these notices annually with a preparation

time of 9.96 minutes (or .1666 hours) for each notice.

(10) Adequate notice to monthly reporting households. Monthly

reporting households must receive written notice that their benefits

will be or have been increased, reduced or terminated. It is estimated

that 30% of the monthly reports (6,083,244) received by caseworkers

will result in an increase, a reduction or a termination of benefits.

The remaining 70% of monthly reports have no change in benefits, so no

notice is necessary. It is estimated that it takes caseworkers 6.69

minutes (or .1115 hours) to prepare this notice.

(11) Sponsored aliens. Recently enacted legislation has affected

the food stamp eligibility of ``sponsored aliens,'' that is, aliens

lawfully admitted for permanent residence in the United States. Section

421 of Pub. L. 104-193 requires that all of an alien sponsor's income

and resources and all the sponsor's spouse's income and resources be

attributed to the alien until he becomes a U.S. citizen or has worked

40 qualifying quarters for any period beginning after December 31,

1996. In addition, Section 421 requires that the alien not have

received any Federal means-tested public benefit during this period in

order to be eligible to begin receiving a Federal means-tested public

benefit such as food stamps. At the same time, various other sections

of P.L. 104-193 establish new participation requirements for aliens in

general and more restrictive conditions for alien immigrants in

particular. For Food Stamp Program purposes, during the period that

P.L. 104-193 requires the attribution of the sponsor's income, any

sponsored alien without 40 qualifying quarters would already be

ineligible for food stamps pursuant to Section 6(f) of the Act, 7

U.S.C. Sec. 2015(F). However, Section 510 of Pub. L. 104-208 requires

State agencies to recertify currently participating alien households

during the period April 1, 1997 to August 22, 1997. Information

obtained from the Immigration and Naturalization Service

[[Page 5382]]

by FCS showed that approximately 100,000 aliens were approved each year

as lawful permanent residents. Of the 100,000 aliens approved for

lawful permanent residence each year, it is assumed that 5% will

actually apply for food stamps at least once during any given year. The

potential number of annual responses is estimated to be 5,000. Burden

is estimated to be 30 minutes (or .5000 hours) per response.

(12) Demand Letter for Overissuance. State agencies are required to

establish a claim and send a demand letter for repayment when food

stamp benefits are overissued either as a result of a household error,

State agency error, or an intentional Program violation. A demand

letter is used for this purpose. Based on data reporting the number of

new claims established for FY 1995 (form FCS-209), State agencies

generated demand letters for about .07 percent of the caseload. On

average, 7.698 minutes (or .1283 hrs.) is required to compose a demand

letter.

(130 Advance Notice of Administrative Disqualification Hearing.

Household members suspected of committing an intentional Program

violation must be provided with advance notice of a State agency's

intent to disqualify them from participation in the Program which,

among other things, announces the date of disqualification hearing, the

charge against the household, summarizes the evidence, and explains the

consequences of a guilty finding by the hearing officials. Based on

reports of the number of disqualification hearings held in FY 1995

(form FCS-336B), State agencies generate this notice for about .004

percent of the caseload at a rate of 15 minutes (or .2500 hrs.) per

notice.

(14) Action Taken on Administrative Disqualification Hearing.

Household members subject to an administrative disqualification hearing

must receive written notice of a guilty or not guilty finding by the

hearing official. The notice also explains, among other things, the

reason for the decision and the date program disqualification, if

appropriate, will take effect. Data contained in the FCS-366B report

indicates that, State agencies generate this notice for .002 percent of

the caseload annually at a rate of 9.996 minutes (or .1666 hrs.) per

notice.

Recordkeeping Burden

Case records: Local agencies are required to maintain client case

records for three years and to perform duplicate participation checks

on individual household members to reduce the possibility of duplicate

participation. The burden estimates for casefile maintenance are based

on an estimated number of casefiles, the number of records in the

casefiles and assumes one recordkeeper per State (53 State welfare

agencies). Using this methodology, average burden per recordkeeper is

estimated to be 685,466.038 hours (36,329,700 hours/53 recordkeepers).

Monitoring Duplicate Participation: The estimated annual

recordkeeping burden to perform duplicate participation checks is based

on the average number of persons (2.442) in each food stamp household.

The estimated number of applications is 18,300,000. The estimated

average number of persons who must be checked is 44,688,600

(18,300,000 x 2.442). Burden is estimated to be 15 seconds or (or.0042

hours) per eligibility worker, which results in an estimated annual

recordkeeping burden of hours of 187,692.120 (44,688,600 x .0042). The

average burden hours per recordkeeper is estimated to be 9,947,682.360

(187,692.120 hours x 53 recordkeepers).

Affected Public: State and local governments; potential program

applicants and currently participating households.

Estimated Number of Respondents: 18,305,000.

Estimated Number of Responses per Respondent: 5.9461573.

Estimated Total Annual Burden on Respondents: 22,681.621 hours.

----------------------------------------------------------------------------------------------------------------

Average Annual burden hours

Annual Annual burden per (Calculations may not

number of frequency response be exact due to

respondents (hours) rounding)

----------------------------------------------------------------------------------------------------------------

7 CFR 273.1, 273.3, 273.5, 273.6, 273.7 Food Stamp Application

----------------------------------------------------------------------------------------------------------------

Existing........................................ 18,700,000 1.00 .2290 4,282,923

Proposed........................................ 18,300,000 1.00 .2290 4,191,310

Difference.................................. ........... ........... ........... -992,223

----------------------------------------------------------------------------------------------------------------

7 CFR 273.2, 273.10, 273.11 Application Worksheet

----------------------------------------------------------------------------------------------------------------

Existing........................................ 11,100,000 1.798 .4640 9,258,122

Proposed........................................ 10,900,000 1.793 .4640 9,067,903

Difference.................................. ........... ........... ........... -19,022

----------------------------------------------------------------------------------------------------------------

7 CFR 273.12, 273.21 Monthly Reporting

----------------------------------------------------------------------------------------------------------------

Existing........................................ 11,100,000 1.920 .1617 3,446,150

Proposed........................................ 10,900,000 1.920 .1617 3,384,058

Difference.................................. ........... ........... ........... -62,093

----------------------------------------------------------------------------------------------------------------

7 CFR 273.12, 273.12 Explaining Monthly Reporting to Households

----------------------------------------------------------------------------------------------------------------

Existing........................................ 11,100,000 .160 .0833 147,941

Proposed........................................ 10,900,000 .160 .0833 145,275

Difference.................................. ........... ........... ........... -2,666

----------------------------------------------------------------------------------------------------------------

[[Page 5383]]

7 CFR 273.21 Notice of Late/Incomplete Report to Monthly Reporting Households

----------------------------------------------------------------------------------------------------------------

Existing........................................ 11,100,000 .096 .1115 118,816

Proposed........................................ 10,900,000 .096 .1115 116,674

Difference.................................. ........... ........... ........... -2,141

----------------------------------------------------------------------------------------------------------------

7 CFR 273.2 Informing Households about Action Taken on Food Stamp Case

----------------------------------------------------------------------------------------------------------------

Existing........................................ 18,700,000 1.00 .1115 2,085,050

Proposed........................................ 18,300,000 1.00 .1115 2,040,450

Difference.................................. ........... ........... ........... -44,600

----------------------------------------------------------------------------------------------------------------

7 CFR 273.2 Notifying Household that Certification Period Will End

----------------------------------------------------------------------------------------------------------------

Existing........................................ 11,100,000 .745 .0833 688,849

Proposed........................................ 10,900,000 .745 .0833 676,438

Difference.................................. ........... ........... ........... -12,412

----------------------------------------------------------------------------------------------------------------

7 CFR 273.12, 273.21 Households Reporting Changes

----------------------------------------------------------------------------------------------------------------

Existing........................................ 11,100,000 .840 .1617 1,507,691

Proposed........................................ 10,900,000 .840 .1617 1,480,525

Difference.................................. ........... ........... ........... -21,166

----------------------------------------------------------------------------------------------------------------

7 CFR 273.13 Notifying Household about a Reduction in Food Stamps

----------------------------------------------------------------------------------------------------------------

Existing........................................ 11,100,000 .420 .1666 776,689

Proposed........................................ 10,900,000 .420 .1666 762,695

Difference.................................. ........... ........... ........... -13,994

----------------------------------------------------------------------------------------------------------------

7 CFR 273.21 Adequate Notice to Monthly Reporting Households

----------------------------------------------------------------------------------------------------------------

Existing........................................ 11,100,000 .576 .1115 712,886

Proposed........................................ 10,900,000 .576 .1115 700,042

Difference.................................. ........... ........... ........... -12,844

----------------------------------------------------------------------------------------------------------------

7 CFR 273.11 Sponsored Aliens

----------------------------------------------------------------------------------------------------------------

Existing........................................ 5,000 1 .5000 2,500

Proposed........................................ 5,000 1 .5000 2,500

----------------------------------------------------------------------------------------------------------------

7 CFR 273.18 Demand Letter for Overissuance

----------------------------------------------------------------------------------------------------------------

Existing........................................ 11,100,000 .069 .1283 98,880

Proposed........................................ 10,900,000 .071 .1283 99,291

Difference.................................. ........... ........... ........... +557

----------------------------------------------------------------------------------------------------------------

7 CFR 273.17 Advance Notice of Administrative Disqualification Hearing

----------------------------------------------------------------------------------------------------------------

Existing........................................ 11,100,000 .004 .2500 11,095

Proposed........................................ 10,900,000 .004 .2500 11,163

Difference.................................. ........... ........... ........... +68

----------------------------------------------------------------------------------------------------------------

7 CFR 273.16 Action Taken on Administrative Disqualification Hearing

----------------------------------------------------------------------------------------------------------------

Existing........................................ 11,100,000 .002 .1666 4,234

Proposed........................................ 10,900,000 .002 .1666 2,724

Difference.................................. ........... ........... ........... -1,510

----------------------------------------------------------------------------------------------------------------

[[Page 5384]]

Dated: January 27, 1997.

William E. Ludwig,

Adminstrator, Food and Consumer Service.

[FR Doc. 97-2832 Filed 2-4-97; 8:45 am]

BILLING CODE 3410-30-M