Supporting Statement ICB 0584-0293 - FDPIR Income Eligibility Rule 082613

SUPPORTING STATEMENT for

Revision to OMB No. 0584-0293: Food Distribution Programs

Final Rule: Food Distribution Program on Indian Reservations: Income Deductions and Resource Eligibility (RIN 0584-AE05)

Erica Antonson

Project Manager

Food Distribution Programs

7 CFR Parts 240, 247, 250, 251, 253, 254

Food and Nutrition Service/USDA

3101 Park Center Drive, Room 500

Alexandria, Virginia 22302

Office Phone: 703-305-2662 Fax: 703-305-1410

Email: Erica.Antonson@fns.usda.gov

Justification

This ICR is for Final Rule: Food Distribution Program on Indian Reservations: Income Deductions and Resource Eligibility (RIN: 0584-AE05). Due to competing priorities at FNS, an ICR for the proposed rule was not previously submitted for clearance.

A1. Explain the circumstances that make the collection of information necessary.

Identify any legal or administrative requirements that necessitate the collection. Attach a copy of the appropriate section of each statute and regulation mandating or authorizing the collection of information.

This is a revision of an existing information collection based on a final rule titled Food Distribution Program on Indian Reservations: Income Deductions and Resource Eligibility. This final rule amends regulations for the Food Distribution Program on Indian Reservations (FDPIR) to simplify and improve administration of and expand access to FDPIR, and to promote conformity with the Supplemental Nutrition Assistance Program (SNAP).

The Food Distribution Programs of the Department of Agriculture (USDA) assist American farmers and needy people by purchasing commodities and delivering them to State agencies that, in turn, distribute them to organizations for use in providing food assistance to those in need. The commodities help to meet the nutritional needs of: (a) children from preschool age through high school in USDA Child Nutrition Programs and in nonprofit summer camps, (b) needy persons in households on Indian reservations participating in the Food Distribution Program on Indian Reservations, (c) needy households in the nuclear affected islands, (d) needy persons served by charitable institutions, (e) pregnant and breastfeeding women, infants, children, and elderly persons, participating in the Commodity Supplemental Food Program, (f) low-income, unemployed or homeless people provided foods through household distributions or meals through soup kitchens under the Emergency Food Assistance Program, (g) pre-school and school-age children, elderly, and functionally impaired adults enrolled in child and adult day care centers, participating in the Child and Adult Care Food Program, and (h) victims of Presidentially-declared disasters and other situations of distress.

Authorizing legislation allows the Secretary broad authority to establish regulatory provisions promoting accountability in the use of USDA commodities by Federal, State and private agencies. Below are the primary legal authorities:

• Section 4(b) of the Food and Nutrition Act of 2008, as amended (7 U.S.C. 2013(b))

• Sections 6, 14, and 17 of the National School Lunch Act, as amended (42 U.S.C. 1755, 1762a, and 1766)

• Section 4 of the Child Nutrition Act of 1966, as amended (42 U.S.C. 1733)

  • The Emergency Food Assistance Act of 1983, as amended (7. U.S.C. 7501 et. seq.)

  • Sections 4(a) and 5 of the Agriculture and Consumer Protection Act of 1973, as amended (7 U.S.C. 612c note).

Effective administration of Food Distribution Programs is dependent on the collection and submission to FNS, of information from State and local agencies. This information includes, for example, the number of households or meals served in the programs, the kinds of commodities most acceptable to recipients, the quantities of foods ordered and where the food is to be delivered, verification of the receipt of a food order, and the amounts of commodities in inventory.

A2. Purpose and Use of the Information.

Indicate how, by whom, and for what pur­pose the information is to be used. Except for a new collec­tion, indicate how the agency has actually used the infor­ma­tion received from the current collec­tion.

The information reported and the records kept for purposes of review under 7 CFR Parts 240, 247, 250, 251, 253, and 254 are used by State and local agencies and FNS regional and headquarters offices for the purpose of administering USDA Food Distribution Programs.

See Attachment 1 for a breakdown of the reporting and recordkeeping requirements contained in each of the relevant parts of Federal regulations (note that the forms associated with this ICR are also discussed in attachment 1). Each part is broken down into sections, with a description of the reporting or recordkeeping burden attached to each section.

A3. Use of information technology and burden reduction.

Describe whether, and to what extent, the collection of information involves the use of automated, elec­tronic, mechani­cal, or other techno­log­ical collection techniques or other forms of information technol­o­gy, e.g., permit­ting elec­tronic sub­mission of respons­es, and the basis for the decision for adopting this means of collection. Also describe any con­sideration of using information technolo­gy to re­duce bur­den.

The Food and Nutrition Service makes every effort to comply with E-Government 2002. FNS encourages its State agency partners to offer electronic submission to participants whenever it is feasible. Currently all State agencies that provide commodities to schools and other FNS nutrition programs are using the Web Based Supply Chain Management System (WBSCM). Approximately 255 State and local agencies submit data to USDA electronically using WBSCM. The link for WBSCM is http://www.usda.gov/wps/portal/usda/usdahome?navid=WBSCM.

A4. Describe efforts to identify duplication.

Describe efforts to identify duplica­tion. Show specifically why any sim­ilar in­for­mation already avail­able cannot be used or modified for use for the purpos­es de­scri­bed in Question 2.

There is no similar data collection effort available.

A5. Impacts on small businesses or other small entities.

If the collection of information im­pacts small businesses or other small entities (Item 5 of OMB Form 83-I), describe any methods used to mini­mize burden.

The information being requested or required has been held to the minimum required for the intended use. Although smaller businesses or entities are involved in this data collection effort, they delivered the same program benefits and perform the same function as any other entity or business. Thus, they maintain the same kinds of information on file. FNS estimates that one percent, approximately 4,690 respondents, of our business or small entity respondents are small entities.

A6. Consequences of collecting the information less frequently.

Describe the consequence to Federal program or policy activities if the collection is not conducted, or is con­ducted less fre­quent­ly, as well as any technical or legal obstacles to reducing burden.

The principal consequences of less frequent collection would be the loss of management control. The data relates to statutory and regulatory terms and conditions of the grant. Its collection assists the Agency in being a good steward in monitoring Federal funds and detecting or correcting problems that result from a State agency's failure to satisfy statutory and regulatory requirements.

A7. Special circumstances relating to the Guidelines of 5 CFR 1320.5.

Explain any special circumstances that would cause an information collecti­on to be con­ducted in a manner:

• Requiring respondents to report informa­tion to the agency more often than quarterly;

Forms FNS-52, Food Requisition; FNS-53, Multi-Food Requisition; FNS-152, Monthly Distribution of Donated Foods to Family Units; and FNS-153, Monthly Report of the Commodity Supplemental Food Program and Quarterly Administrative Financial Status Report, are collected electronically monthly to ensure efficient management of the Food Distribution programs. Timely ordering, receipt, inventory control, and accounting of commodities and funds are necessary to ensure the programs continue operating and the funds are spent during the appropriate time periods.

• Requiring respondents to prepare a writ­ten response to a collection of infor­ma­tion in fewer than 30 days after receipt of it;

• Requiring respondents to submit more than an original and two copies of any docu­ment;

• Requiring respondents to retain re­cords, other than health, medical, governm­ent contract, grant-in-aid, or tax records for more than three years

• In connection with a statisti­cal survey, that is not de­signed to produce valid and reli­able results that can be general­ized to the uni­verse of study;

• Requiring the use of a statis­tical data classi­fication that has not been re­vie­wed and approved by OMB

• That includes a pledge of confiden­tiali­ty that is not supported by au­thority estab­lished in statute or regu­la­tion, that is not sup­ported by dis­closure and data security policies that are consistent with the pledge, or which unneces­sarily impedes shar­ing of data with other agencies for com­patible confiden­tial use; or

• Requiring respondents to submit propri­etary trade secret, or other confidential information unless the agency can demon­strate that it has instituted procedures to protect the information's confidentiality to the extent permit­ted by law.

There are no other special circumstances. The collection of information is conducted in a manner consistent with the guidelines in 5 CFR 1320.5.

A8. Comments in response to the Federal Register Notice and efforts to consult outside agencies.

If applicable, provide a copy and identify the date and page number of publication in the Federal Register of the agency's notice, required by 5 CFR 1320.8 (d), soliciting comments on the information collection prior to submission to OMB. Summarize public comments received in response to that notice and describe actions taken by the agency in response to these comments. Specifically address comments received on cost and hour burden.

Describe efforts to consult with persons outside the agency to obtain their views on the availability of data, frequency of collection, the clarity of instructions and recordkeeping, disclosure, or reporting format (if any), and on the data elements to be recorded, disclosed, or reported.

Consultation with representatives of those from whom information is to be obtained or those who must compile records should occur at least once every 3 years even if the collection of information activity is the same as in prior years. There may be circumstances that may preclude consultation in a specific situation. These circumstances should be explained.

A 90-day notice was published in the proposed rule, Food Distribution Program on Indian Reservations: Income Deductions and Resource Eligibility in the Federal Register on January 11, 2012 (77 FR 1642). Two commenters expressed concern with the proposal to require households to report changes in income exceeding $100, and a third identified this provision as a “con,” without specifying reasons. The two commenters who expressed concerns wrote that the provision would create additional paperwork burdens for staff. The current provision, at 7 CFR 253.7(c)(1), requires households to report changes in income that would necessitate a change in the eligibility determination. The Department believes the current methodology is impractical because households cannot be expected to know when their income eligibility changes based on a net monthly income calculation. Because the provision will provide households with a more effective guideline for determining when changes in income must be reported, it was retained without change in the final rule.

There were no further comments in response to this notice. Regional, State, and local public and private organizations involved in various areas of commodity distribution have an opportunity to raise concerns at annual meetings of the American Commodity Distribution Association, the School Nutrition Association, the National Association of Food Distribution Programs on Indian Reservations, and the National Association of Commodity Supplemental Food Programs.  FNS also consults on an annual basis with the Education Information Advisory Committee (EIAC), one of several committees of the Council of Chief State School Officers.  One of EIAC’s subcommittees, which is comprised of State and local program directors, is responsible for making recommendations on reducing the paperwork burden for nutrition assistance programs.

A9. Explain any decisions to provide any payment or gift to respondents.

Explain any decision to provide any payment or gift to respondents, other than remuneration of contractors or grantees.

Respondents are not paid or provided with any gifts.

A10. Assurances of confidentiality provided to respondents.

Describe any assurance of confidentiality provided to respondents and the basis for the assurance in statute, regulation, or agency policy.

The information collected as part of this package may contain personal identifying information on individuals doing business with Food and Nutrition Service (Persons Doing Business with the Food and Nutrition Service USDA/FNS-10). Therefore, the Food and Nutrition Service published a Privacy Act notice (system of records) March 31, 2000 in the Federal Register Volume 65 pages 17251-52 to specify the uses to be made of the information in this collection. 

The privacy of applicants and recipients of Food Distribution Programs is maintained by not divulging names, addresses, or telephone numbers, or any other information to the public, except as required by the Freedom of Information Act, or through appropriate legal procedures.

A11. Justification for any questions of a sensitive nature.

Provide additional justification for any questions of a sensitive nature, such as sexual behavior or attitudes, religious beliefs, and other matters that are commonly considered private. This justification should include the reasons why the agency considers the questions necessary, the specific uses to be made of the information, the explanation to be given to persons from whom the information is requested, and any steps to be taken to obtain their consent.

There are no sensitive questions involved in this information collection.

A12. Estimates of the hour burden of the collection of information.

Provide estimates of the hour burden of the collection of information. Indicate the number of respondents, frequency of response, annual hour burden, and an explanation of how the burden was estimated.

A. Indicate the number of respondents, frequency of response, annual hour burden, and an explanation of how the burden was estimated. If this request for approval covers more than one form, provide separate hour burden estimates for each form and aggregate the hour burdens in Item 13 of OMB Form 83-I.

The estimated reporting burden for this information collection including the number of respondents, frequency of response, average time to respond and annual hour burden are shown in the attached Burden Narrative (Attachment 1) and Burden Table (Attachment 2). A summary of the burden appears below.

Reporting

Affected Public	Est. No. of Respondents	No. of Responses per Respondent	Total Annual Responses	Est. total Hours per Response	Est. total Burden
State, Local, and Tribal Governments	330.00	542.37	178,980.93	0.12	21,935.87
Private For Profit	500.00	9.12	4,560.00	1.04	4,740.00
Private Not for Profit	11,211.00	1.48	16,542.26	1.67	27,630.46
Individual	457,000.00	2.22	1,016,257.00	0.28	280,337.00
Total Burden Estimates	469,041.00	2.59	1,216,340.19	0.28	334,643.32

Record Keeping

Affected Public	Est. No. of Respondents	No. of Responses per Respondent	Total Annual Responses	Est. total Hours per Response	Est. total Burden
State, Local, and Tribal Governments	330.00	0.00	8,188.05	1.09	8,917.39
Private For Profit	500.00	0.00	182,576.00	0.25	45,536.25
Private Not for Profit	11,211.00	0.00	251,035.00	2.89	691,974.80
Individual	0	0.00	0.00	0.00	0.00
Total Burden Estimates	11,211.00	39.41	441,799.05	1.69	746,428.44

Summary	Est. No. of Respondents	No. of Responses per Respondent	Total Annual Responses	Est. total Hours per Response	Est. total Burden
Reporting	469,041.00	2.59	1,216,340.19	0.28	334,643.32
Recordkeeping	-	0.03	441,799.05	1.69	746,428.44
TOTAL	469,041.00	3.54	1,658,139.24	0.65	1,081,071.76

	Responses	Time Burden
Current OMB Inventory	1,655,721.00	1,079,173.00
Burden Revision Requested	1,658,139.24	1,081,071.76
Difference	2,418	1,899

B. Provide estimates of annualized cost to respondents for the hour burdens for collections of information, identifying and using appropriate wage rate categories.

We estimate the total cost to respondents to be $14,994,465.31per year for reporting and recordkeeping combined for all Food Distribution Programs as detailed in the following chart:

Affected Public	Est. No. of Respondents	Total Annual Responses	Est. total Burden	Hourly Wage Rate1	Respondent Cost
State, Local, and Tribal Governments	330.00	187,168.98	30,853.25	$ 13.87	$ 427,934.61
Private For Profit	500.00	187,136.00	50,276.25	$ 13.87	$ 697,331.59
Private Not for Profit	11,211.00	267,577.26	719,605.26	$ 13.87	$ 9,980,924.96
Individual	457,000.00	1,016,257.00	280,337.00	$ 13.87	$ 3,888,274.19
	469,041.00	1,658,139.24	1,081,071.76		$ 14,994,465.31

^{Note the total cost to respondents has increased due to the prior calculation only including reporting.}

A13. Estimates of other total annual cost burden to Respondents or Record keepers.

Provide estimates of the total annual cost burden to respondents or record keepers resulting from the collection of information, (do not include the cost of any hour burden shown in questions 12 and 14). The cost estimates should be split into two components: (a) a total capital and start-up cost component annualized over its expected useful life; and (b) a total operation and maintenance and purchase of services component.

There are no capital, start-up, or annual maintenance costs to respondents of the food distribution programs.

A14. Provide estimates of annualized cost to the Federal government.

Provide estimates of annualized cost to the Federal government. Provide a description of the method used to estimate cost and any other expense that would not have been incurred without this collection of information.

The Federal cost equals the cost of Federal worker time (headquarters and regional) in providing guidance and assistance in the collection and submittal of information for all the Food Distribution Programs, and in reviewing and analyzing the collected information.

Headquarters Staff 2.00 staff years

Regional Staff 5.00 staff years

Total Staff Years 7.00 staff years

7 staff years or 14,560 hours at $40.79² per hour = $593,902

Cost of maintaining WBSCM Annually $5,000,000

Printing of Forms ($30.00 per thousand copies): $750

Distribution of Forms: $175

Warehousing of Forms: $600

Total Federal Cost: $5,595,427

A15. Explanation of program changes or adjustments.

Explain the reasons for any program changes or adjustments reported in Items 13 or 14 of the OMB Form 83-1.

This is a revision of a currently approved collection. Items with changes in burden, as indicated on the final column of the attached spreadsheet, correspond with the bold text on the attached separate narrative explaining the increases and decreases with this submission. The revision in burden hours under Sections 253 and 254 reflect a minor estimated increase in participation and changes to eligibility, verification, and household reporting requirements as the result of the implementation of the final rule: Food Distribution Program on Indian Reservations: Income Deductions and Resource Eligibility, there is a net increase of 1898.76 hours due to FDPIR eligibility, verification, and household reporting changes in this rule.

A16. Plans for tabulation, and publication and project time schedule.

For collections of information whose results are planned to be published, outline plans for tabulation and publication.

This submission does not involve the collection of information through statistical methods. Also, there are no plans to publish any of the information collected.

A17. Displaying the OMB Approval Expiration Date.

If seeking approval to not display the expiration date for OMB approval of the information collection, explain the reasons that display would be inappropriate.

The agency plans to display the expiration date for OMB approval of the information collection on all instruments.

A18. Explain each exception to the certification statement identified in Item 19.

Explain each exception to the certification statement identified in Item 19 of the OMB 83-I" Certification for Paperwork Reduction Act."

No exceptions are made to the certification statement.

1 http://www.bls.gov/oes/current/oes211093.htm, Community and Social Service Occupations. Social and Human Service Assistants.

2 Calendar Year 2013 Office of Personnel Management Salary Tables, for the locality pay of the Baltimore-Washington-Northern Virginia area. GS 12, Step 5 (estimate average grade and step).

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