Federal Claims Collection Methods for SNAP Recipient Claims

Content

ACTION:

Notice.

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 collection is a reinstatement with revision of a currently expired information
collection. This information collection announces the intent of the Food and Nutrition Service (FNS) to revise the burden
hours and continue the requirements associated with initiating and conducting federal collection actions against debtors with
delinquent Supplemental Nutrition Assistance Program (SNAP) recipient debts.

DATES:

Written comments must be submitted on or before June 8, 2026 to be considered.

ADDRESSES:

Comments may be sent to Maribelle Balbes, Food and Nutrition Service, U.S. Department of Agriculture, 1320 Braddock Place,
5th Floor, Alexandria, VA 22314 or (703) 605-4272. 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 (OMB) approval.
All comments will become a matter of public record.

FOR FURTHER INFORMATION CONTACT:

Requests for additional information or copies of this information collection should be directed to Dr. Casey Lowe at (703)
659-7361 or snapsab@usda.gov.

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.

Form Number: N/A.

OMB Number: 0584-0446.

Expiration Date: 09/30/2025.

Type of Request: Reinstatement of an expired information collection.

Abstract: Section 13(b) of the Food and Nutrition Act of 2008 (the Act). (1) as amended (7 U.S.C. 2022(b)), and SNAP regulations at 7 CFR 273.18 (2) require State agencies to refer delinquent SNAP debts to the U.S. Department of the Treasury (Treasury) for collection and
notify debtors. The Debt Collection Improvement Act of 1996 (3) (Pub. L. 104-134) (DCIA), as amended by the Digital Accountability and Transparency Act of 2014 (4) (Pub. L. 113-101), requires these debts be referred to Treasury for collection when they are 120 days or more delinquent.
While SNAP regulations at 7 CFR 273.18(n) still reflect the older standard of 180 days, States must follow the 120-day timeframe
required by DCIA as amended by Public Law 113-101. The Treasury Offset Program (TOP), 31 CFR part 285, (5) intercepts and offsets eligible federal payments, such as federal income tax refunds and federal salaries, to pay these delinquent
SNAP debts. The requirement to use TOP to collect delinquent debts places a reporting, recordkeeping, and public disclosure
burden on State agencies, debtors, or third-party support solutions. The State agency notifies debtors of their impending
referral to TOP, submits the debts into TOP to initiate interception of federal payments, and conducts Automated Data Processing
(ADP) or third-party support solutions. The debtor reads the notice, makes formal, informal, and phone inquiries to the State
agency, and in some cases, submits an appeal.

For the burden estimates included in this information collection, FNS is using the TOP referral data from calendar years 2018-2020,
which was also used in the previous ICR for this form. The 2018-2020 data were prior to the COVID-19 Public Health Emergency
(PHE) and were not impacted by the flexibilities offered to States to suspend claims and TOP collections during the PHE. Specifically,
during the PHE, State agencies were provided the flexibility to suspend collection of active recoupments of SNAP overpayments,
delay collection on newly established overpayments, not consider any payments delayed due to this suspension to be delinquent
and suspend TOP collections.

While FNS used the TOP referral data from the prior submission, the updated time estimates for individual activities are based
on consultations with State

  agencies. The burden associated with the information collection involves both debtors and State agencies. The total inquiry
  and response burden for the TOP notices between State agencies and debtors is 547,650 responses (272,161 debtor responses
  + 275,489 State agency responses) per year resulting in an annual reporting burden of 46,490 hours. Since the data from the
  last submission is being used, there is no change in the number of responses for this ICR. The burden hours stayed the same,
  with the exception of the ADP reporting burden hours, which decreased based on updated estimates received from stakeholder
  consultations. Please see the section titled Automated Data Processing (ADP) or Third-Party Support Solutions for more information.

Individual/Household Reporting

The TOP notice notifies the debtors of the proposed referral to TOP and provides the right for review and appeal. The debtors
receive and read the TOP notice and may make a phone inquiry or informally appeal the impending action. Based on an average
of the number of records for claims for calendar years 2018, 2019, and 2020, FNS estimates that debtors will read 249,953
TOP notices. FNS estimates that the debtors will submit about 17,497 informal inquiries. Debtors will file an estimated 1,499
formal appeals.

An additional 2,458 TOP notices will be sent directly from FNS to federal employees concerning the potential offset of their
federal salary. These debtors will make about 738 phone inquiries and informal appeals, as well as 16 formal appeals in response
to the FNS letter.

The total number of household responses for the TOP notices, including all inquiries and appeals, is an estimated 272,161
responses per year, resulting in an estimated total annual burden of 26,392 hours. Since previous years' data is being used,
there is no change in the number of records or burden hours for the individual/household reporting portion of this ICR.

Individual/Household Reporting

Affected Public: Debtors (respondent type—Debtors).

Estimated Number of Respondents: 272,161.

Estimated Number of Responses per Respondent: 1.

Estimated Total Number of Annual Responses: 272,161.

Estimated Hours per Response: 0.097.

Estimated Total Annual Burden: 26,392.

State Agency Reporting

The State agency prepares and mails the TOP notices to debtors and responds to all inquiries and appeals. Based on an average
number of records for claims the States sent to TOP for calendar years 2018, 2019, and 2020, FNS estimates that State agencies
will produce and send 249,953 TOP notices. FNS estimates that State agencies will respond to about 17,497 informal inquiries.
State agencies will respond to an estimated 1,499 formal appeals. State agencies will receive an estimated 738 phone inquiries
and informal appeals, as well as 16 formal appeals in response to the FNS notice to federal employees concerning potential
offset to their federal salaries. The total number of responses for the TOP notice, including all inquiries and appeals, is
an estimated 275,489 State agency responses per year, resulting in an estimated total annual burden of 20,097 hours. Previous
years' data is being used and stakeholder consultations did not result in any changes to the estimated time per task; therefore,
there is no change in the number of records or burden hours for the State agency reporting portion of this ICR.

State agencies must submit an annual certification letter to FNS stating that all 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 08/31/2027, and 0584-0594,
expiration date 09/30/2026, respectively) and therefore not duplicated in this request.

State Agency Reporting

Affected Public: State, Local or Tribal government.

Estimated Number of Respondents: 53.

Estimated Number of Responses per Respondent: 5,197.

Estimated Total Number of Annual Responses: 275,489.

Estimated Hours per Response: 0.073.

Estimated Total Annual Burden: 20,097.

Automated Data Processing (ADP) or Third-Party Support Solutions

The burden for ADP or third-party support solutions includes weekly file processing, monthly address requests and system maintenance.
Weekly and monthly file processing includes requesting debtor addresses to mail TOP 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 the system compatibility file
will take 549.88 hours. The address file is estimated to take 578.76 hours, and the collections file is estimated to take
a total of 2,239.23 hours. The State agency profile is estimated at 13.25 hours, and State agencies are estimated to spend
35 hours per year testing new systems. Weekly files account for a total of 3,368.38 burden hours and weekly files, posting
TOP data is a total of 3,980.77 hours per year. FNS estimates that the total annual reporting burden for ADP or third-party
support solution activities is 10,765.27 hours. Since previous years' data is being used, there is no change in the number
of records for this information collection, however, the amount of time per task has decreased slightly based on feedback
from stakeholder consultations. The FY23 ADP total burden hours were 12,374.82 hours, which is a decrease of 1,609.56 hours
(12,374.82 hours−10,765.26 hours = 1,609.56 hours).

ADP or Third-Party Support Solutions

Affected Public: State, Local or Tribal government.

Estimated Number of Respondents: 53.

Estimated Number of Responses per Respondent: 122.

Estimated Total Number of Annual Responses: 6,471.

Estimated Hours per Response: 1.6636.

Estimated Total Annual Burden: 10,765.26.

Recordkeeping

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
0.25 hours per week, or 689 recordkeeping burden hours. These burden estimates have not changed with this revision.

Recordkeeping

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: 0.25.

Estimated Total Annual Burden: 689.

The total annual burden for this information collection is 47,179 hours (46,490 total reporting hours + 689 total recordkeeping
hours = 47,179 total burden hours).

Reporting and Recordkeeping Burden Estimates

The burden chart below depicts the burden estimates for this information collection.

| Section of Reg | Description | Number of
respondents | Number of
responses perrespondent | Total
annualresponses | Hours per
response | Total annual
burden hours |
| --- | --- | --- | --- | --- | --- | --- |
| Debtors | | | | | | |
| A. Due-Process Notice Requirements | | | | | | |
| 273.18(n)(2) | Reading TOP Notice | 249,953 | 1.00 | 249,953 | 0.0835 | 20,871.10 |
| | Informal inquiries to State Agency | 17,497 | 1.00 | 17,497 | 0.2500 | 4,374.19 |
| | Formal appeals to State Agency | 1,499 | 1.00 | 1,499 | 0.5000 | 749.29 |
| | Reading FNS issued letter to federal employees | 2,458 | 1.00 | 2,458 | 0.0835 | 205.28 |
| | Phone inquiries and informal appeals in response to the FNS issued letter | 738 | 1.00 | 738 | 0.2500 | 184.38 |
| | Formal appeals to FNS in response to the FNS issued letter | 16 | 1.00 | 16 | 0.5000 | 8.19 |
| | Totals | 272,161 | 1.00 | 272,161 | 0.0970 | 26,392.43 |
| State Agencies | | | | | | |
| A. Due-Process Notice Requirements | | | | | | |
| 273.18(n)(2) | TOP Notice production | 53 | 4,716.10 | 249,953 | 0.0167 | 4,174.22 |
| | Responding to phone/informal inquiries | 53 | 330.13 | 17,497 | 0.2500 | 4,374.19 |
| | Responding to formal appeals | 53 | 28.28 | 1,499 | 0.5000 | 749.29 |
| | Providing formal appeal documents to FNS | 53 | 0.31 | 16 | 0.5000 | 8.19 |
| B. State Agency Reporting | | | | | | |
| 273.18(n)(1)(ii) | Certification letter | 53 | 1.00 | 53 | 0.5000 | 26.50 |
| | State Agency Total | 53 | 5,075.81 | 269,018 | 0.03 | 9,332.39 |
| C. TOP Automated Data Processing | | | | | | |
| 273.18(n)(1), 273.18(n)(4) | System compatibility file
Address file | 53
53 | 1.00
8.00 | 53
424 | 10.3750
1.3650 | 549.88
578.76 |
| | Collections file | 53 | 8.00 | 424 | 5.2812 | 2,239.23 |
| | State Agency profile | 53 | 1.00 | 53 | 0.2500 | 13.25 |
| | Testing new system | 5 | 1.00 | 5 | 7.0000 | 35.00 |
| | Weekly files | 53 | 52.00 | 2,756 | 1.2222 | 3,368.38 |
| | Weekly files—post TOP data | 53 | 52.00 | 2,756 | 1.4444 | 3,980.77 |
| | Total Automated Data Processing | 53 | 122 | 6,471 | 1.6636 | 10,765.26 |
| | Totals | 53 | 5,197.91 | 275,489 | 0.0730 | 20,097.66 |
| | Overall Totals | 272,214 | 2.01 | 547,650 | 0.0849 | 46,490.09 |

| Recordkeeping | | | | | | | |
| --- | | | | | | | |
| Number of
record keepers | Number of
records annually per record keeper | Total of all
recordsannually | Hours per
record | Total
recordkeepinghours | Base
hourlywage rate | Fully
loadedwage rate | Total
annualizedcost ofrespondentburden |
| 53 | 52 | 2,756 | 0.25 | 689.00 | $12.98 | $17.26 | $11,894.48 |
Patrick A. Penn, Deputy Undersecretary, Food, Nutrition and Consumer Services, U.S. Department of Agriculture. [FR Doc. 2026-06748 Filed 4-7-26; 8:45 am] BILLING CODE 3410-30-P

Footnotes

(1) https://www.govinfo.gov/content/pkg/COMPS-10331/pdf/COMPS-10331.pdf.

(2) https://www.ecfr.gov/current/title-7/subtitle-B/chapter-II/subchapter-C/part-273/subpart-F/section-273.18.

(3) https://www.govinfo.gov/content/pkg/FR-1996-10-21/pdf/96-26495.pdf.

(4) https://www.congress.gov/113/plaws/publ101/PLAW-113publ101.pdf.

(5) https://www.ecfr.gov/current/title-31/subtitle-B/chapter-II/subchapter-A/part-285.

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