[Federal Register Volume 67, Number 235 (Friday, December 6, 2002)]
[Notices]
[Pages 72633-72635]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-30742]


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DEPARTMENT OF AGRICULTURE

Office of the Secretary


Privacy Act of 1974; Revision of Systems of Records

AGENCY: Office of the Secretary, USDA.

ACTION: Notice to amend Privacy Act system of records.

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SUMMARY: Notice is hereby given that the United States Department of 
Agriculture (USDA) proposes to amend the Privacy Act system of records 
FCIC-7, entitled Accounts Receivable. The system of records is 
maintained by the Federal Crop Insurance Corporation (FCIC), a wholly-
owned Government Corporation administered by the Risk Management Agency 
(RMA), an agency of USDA. The accounts receivable system of records is 
being revised to reflect changes in the administration and management 
of the Federal crop insurance program and to reflect more completely 
the types of information collected and maintained in this system of 
records.

EFFECTIVE DATE: This notice will be effective without further notice on 
January 6, 2003, unless modified by a subsequent notice to incorporate 
comments received from the public. Although the Privacy Act requires 
only that the portion of the system which describes the routine uses of 
the system be published for comment, USDA invites comment on all 
portions of this notice. Comments must be received by the contact 
person listed below on or before January 6, 2003.

FOR FURTHER INFORMATION CONTACT: Chief, Fiscal Operations Branch, Risk 
Management Agency, Federal Crop Insurance Corporation, 6501 Beacon 
Drive, Stop 0814, Kansas City, MO 64133-4676, telephone (816) 926-7033.

SUPPLEMENTARY INFORMATION: RMA is responsible for the administration of 
FCIC programs that affect agricultural producers in the United States. 
Programs are administered through the Washington D.C. Headquarters 
Office, Kansas City Office, ten regional offices and six compliance 
offices. At all of the above locations, RMA collects information about 
individuals and other legal entities; and retains, utilizes, and 
distributes information from the Privacy Act Systems of Records.
    Information contained in the system will include name, address, tax 
identification numbers, and information relating to debt 
identification, such as policy number and basis for establishing debt. 
Debtors identified are indebted to FCIC or private insurance companies 
reinsured by FCIC. Information captured will be used to facilitate 
collection and tracking of delinquent debtors until such time as debts 
are satisfied. Revisions to the existing system of records are being 
made in the following areas:
    The system location has been revised to reflect government 
reorganization and downsizing. In addition to the Kansas City Office, 
the system is now located in regional offices, and compliance offices 
of the Risk Management Agency. Addresses for these offices are now 
available from the Deputy Administrator, Insurance Services, Risk 
Management Agency, Room 6709, Mail Stop 0805, 1400 Independence Avenue, 
SW., Washington, DC 20250-0805. All references to addresses have been 
revised to reflect these changes. Categories of individuals have been 
expanded to include other legal entities. Categories of records have 
been revised and expanded to reflect more completely the types of 
information collected and maintained. This information includes 
individual identifying information, indebtedness information, and 
collection action by FCIC.
    The current routine uses are revised as follows: Routine use number 
(1) has been revised to include agencies that regulate. Routine use 
number (2) has been revised to permit disclosure to any judicial or 
administrative tribunal if the record sought is relevant. Routine uses 
number (3) and number (5) have been revised to update the authority for 
reporting debts to credit reporting and collection agencies. Routine 
use number (7) has been deleted. Routine use number (8) has been 
combined with

[[Page 72634]]

routine use number (3). Routine use number (9) has been renumbered as 
use number (7) and revised to refer to those programs conducting 
computer matching.
    New routine uses have been added as follows: A new routine use 
number (8) permits referral of delinquent debts to the Department of 
Treasury, Financial Management Service, through participation in the 
Treasury Offset Program, and to other Federal agencies for 
administrative offset of eligible Federal payments, and for cross-
servicing of debtor accounts. A new routine use number (9) allows 
delinquent debt to be disclosed to employers for wage garnishment. New 
routine use (10) permits information to be disclosed to private 
insurance companies reinsured by FCIC for tracking of delinquent 
debtors. New routine use number (11) permits information to be 
disclosed for research and analysis to identify potential areas of 
fraud, waste or abuse. A new routine use number (12) permits 
information to be disclosed for use in the administration, analysis, 
and evaluation of the Federal crop insurance program.
    In compliance with Federal regulations, retention and disposal of 
records has been revised to include shredding of records supplied by 
other Federal agencies.
    The source of information in these records has been expanded to 
include identification of delinquent debtors and debts certified to 
FCIC from private insurance companies reinsured by FCIC.
    In conformance with 5 U.S.C. 552a(r), as implemented by OMB 
Circular A-130, the Department of Agriculture sent a report describing 
the proposed changes to the Chairman, Committee on Governmental 
Affairs, United States Senate; the Chairman, Committee on Government 
Reform, United States House of Representatives; and the Administrator, 
Office of Information and Regulatory Affairs, Office of Management and 
Budget on November 27, 2002.

    Signed at Washington, DC, on November 27, 2002.
Ann M. Veneman,
Secretary of Agriculture.
USDA/FCIC-7

System name:
    Accounts Receivable.

Security classification:
    None.

System location:
    Kansas City Office, Federal Crop Insurance Corporation, Risk 
Management Agency, 6501 Beacon Drive, Stop 0814, Kansas City, Missouri 
64133-4676 and regional and compliance offices for the Federal Crop 
Insurance Corporation. Addresses of the regional offices may be 
obtained from the Deputy Administrator, Insurance Services, Risk 
Management Agency, United States Department of Agriculture, 1400 
Independence Avenue, SW., Stop 0805, Room 6709-S, Washington, DC 20250-
0803.

Categories of individuals covered by the system:
    The system consists of information on any individual or other legal 
entity that is indebted to the Federal Crop Insurance Corporation 
(FCIC) or a private insurance company.

Categories of records in the system:
    The system consists of standardized records containing identifying 
information on individuals or other legal entities such as the name of 
individuals legally responsible for the debt, address, tax 
identification number (social security number or employer 
identification number); information relating to debt identification, 
such as policy number; codes identifying the type of debt and the basis 
for establishing the debt; date the debt arose; principal debt amount; 
interest rate and date interest accrues on the debt; information 
related to changes in debt amount and debt status; and brief remarks 
that identify or clarify actions being taken by FCIC.

Authority for maintenance of the system:
    7 U.S.C. 1501 et seq.

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    Records contained in this system may be used as follows:
    (1) Referral to the appropriate agency, whether Federal, State, 
local or foreign, charged with the responsibility of investigating or 
prosecuting a violation of law, or of enforcing or implementing a 
statute, rule, regulation or order issued pursuant thereto, of any 
record within this system when information available indicates a 
violation or potential violation of law, whether civil, criminal, or 
regulatory in nature, and whether arising by general statute or 
particular program statute or by rule, regulation or order issued 
pursuant thereto.
    (2) Disclosure to a court, magistrate or administrative tribunal or 
to opposing counsel in a proceeding before a court, magistrate, or 
administrative tribunal, of any record within the system which 
constitutes evidence in that proceeding, or which is sought in the 
course of discovery, to the extent that FCIC determines that the 
records sought are relevant to the proceeding.
    (3) Disclosures may be made from this system with respect to debts 
to a credit reporting agency in accordance with 31 U.S.C. 3701, 
3711(f), 3720B, 4 CFR 102.3, 4 CFR 3.35 and 7 CFR part 400, subpart K 
in order to assist in collecting delinquent debts.
    (4) Referral of past due legally enforceable debts to the 
Department of the Treasury, Internal Revenue Service (IRS), to be 
offset against any tax refund that may become due the debtor for the 
tax year in which the referral is made in accordance with 31 U.S.C. 
3720 A, and 26 CFR 301.6402-6T.
    (5) Referral to a collection agency, when FCIC determines such 
referral is appropriate for collecting the debtor's account in 
accordance with 31 U.S.C. 3711, 3718; 7 CFR part 400, subpart K; 7 CFR 
3.36.
    (6) Disclosure may be made to a congressional office from the 
record of an individual in response to any inquiry from the 
congressional office made at the request of that individual.
    (7) Referral of information regarding indebtedness to the 
Department of Defense, and the United States Postal Service, for the 
purpose of conducting computer matching programs to identify and locate 
individuals receiving Federal salary or benefit payments and who are 
delinquent in their repayment of debts owed to the U.S. Government 
under certain programs administered by the FCIC in order to collect 
debts in accordance with the Debt Collection Act of 1982 (Pub. L. 97-
365) by voluntary repayment, administrative or salary offset 
procedures, or through the use of collection agencies.
    (8) Referral of delinquent debts to the Department of Treasury, 
Financial Management Service, and other Federal agencies for 
administrative offset of eligible Federal payments and for cross-
servicing of debtor accounts in accordance with 31 U.S.C. 3716; 7 CFR 
part 3, subpart B.
    (9) Referral of delinquent debts to the debtor's employer for wage 
garnishment in accordance with 31 U.S.C. 3720D.
    (10) Disclosure may be made to private insurance companies 
delivering the FCIC program as authorized by the Federal Crop Insurance 
Act.
    (11) Disclosure to contractors or other Federal agencies to conduct 
research and analysis to identify patterns, trends, anomalies, 
instances and relationships of private insurance companies, agents, 
loss adjusters and policyholders that may be indicative of fraud, 
waste, and abuse.

[[Page 72635]]

    (12) Disclosure to private insurance companies, contractors, 
cooperators, partners of FCIC, and other Federal agencies for any 
purpose relating to the sale, service, administration, analysis of the 
Federal crop insurance program.

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    Records are maintained electronically, on computer printouts, 
microfiche, and in the file folders at the Kansas City Office.

Retrievability:
    Records may be indexed and retrieved by name of individual, tax 
identification number (including social security number), or contract 
number.

Safeguards:
    Records are accessible only to authorized personnel and are 
maintained in offices that are locked during non-duty hours. File 
folders and other hard copy records are stored in locked file cabinets. 
The electronic records are controlled by password protection and the 
computer network is protected by means of a firewall.

Retention and disposal:
    Records are maintained until the indebtedness is paid. Unless 
shredding is required by Federal regulations, paper records are 
delivered to custodial services for disposal as waste paper. Electronic 
records may be erased after the debt is settled and upon the expiration 
of the records retention period established by the National Archivist.

System manager(s) and address:
    Fiscal Operations Branch, Risk Management Agency, Federal Crop 
Insurance Corporation, 6501 Beacon Drive, Stop 0814, Kansas City, 
Missouri 64133-4676. Telephone: (816) 926-7033.

Notification procedure:
    An individual may request information regarding this system of 
records or information as to whether the system contains records 
pertaining to such individual from the Kansas City Office. The request 
for information should contain the individual's name and address; tax 
identification number (including social security number); State(s) and 
county(ties) where such individual farms; and individual crop insurance 
policy number(s), if known. Before information about any record is 
released, the System Manager may require the individual to provide 
proof of identity or require the requester to furnish an authorization 
from the individual to permit release of information.

Record access procedures:
    An individual may obtain information as to the procedures for 
gaining access to a record in the system, that pertains to such 
individual, by submitting a written request to the Privacy Act Officer, 
Risk Management Agency, Program Support Staff, Room 6620-SB, AG Stop 
0821, 1400 Independence Avenue, SW., Washington, DC 20250-0821. The 
envelope and letters should be marked, Privacy Act Request. A request 
for information should contain: name, address, ZIP code, tax 
identification number (including social security number), name of the 
system of records, year of records in question, and any other pertinent 
information to help identify the file.

Contesting record procedures:
    Procedures for contesting records are the same as the procedures 
for record access. Include the reason for contesting the record and the 
proposed amendment to the information with supporting documentation to 
show how the record is inaccurate.

Record source categories:
    Information in this system comes primarily from the insurance 
company, individual debtor or from other Federal agencies.

[FR Doc. 02-30742 Filed 12-5-02; 8:45 am]
BILLING CODE 3410-08-P