[Federal Register Volume 68, Number 186 (Thursday, September 25, 2003)]
[Notices]
[Pages 55362-55363]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-24180]


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 Notices
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 This section of the FEDERAL REGISTER contains documents other than rules 
 or proposed rules that are applicable to the public. Notices of hearings 
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  Federal Register / Vol. 68, No. 186 / Thursday, September 25, 2003 / 
Notices  

[[Page 55362]]



DEPARTMENT OF AGRICULTURE

Office of the Secretary


Privacy Act of 1974; Report of a New System of Records

AGENCY: Office of the Secretary, USDA.

ACTION: Notice of new Privacy Act system of records.

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SUMMARY: Notice is hereby given that the United States Department of 
Agriculture (USDA) proposes to create a new Privacy Act system of 
records, FCIC-9, entitled ``Agent.'' The system will be 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 primary purpose of the Agent system is to 
aid in the administration and management of the Federal crop insurance 
program.

EFFECTIVE DATE: This notice will be adopted without further publication 
on November 24, 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 October 27, 2003.

FOR FURTHER INFORMATION CONTACT: Director, Actuarial Division, Risk 
Management Agency, 6501 Beacon Drive, Kansas City, Missouri 64133. 
Telephone: (816) 926-6487.

SUPPLEMENTARY INFORMATION: Pursuant to the Privacy Act, 5 U.S.C. 552a, 
USDA is creating a new system of records, FCIC-9 entitled ``Agent'' to 
be maintained by the Federal Crop Insurance Corporation (FCIC), a 
wholly-owned Government Corporation administered by the Risk Management 
Agency (RMA), an agency of USDA.
    RMA promotes and regulates sound risk management solutions to 
improve the economic stability of American agriculture. The Agency is 
responsible for supervision of the Federal Crop Insurance Corporation 
(FCIC) and the administration and oversight of programs authorized 
under the Federal Crop Insurance Act. As an example, the Federal crop 
insurance program covers production losses due to unavoidable causes 
such as drought, excessive moisture, hail, and wind. Risk management 
tools are available to producers through commercial insurance companies 
that have entered into a financial arrangement with FCIC. Under this 
agreement, the company agrees to deliver a product to eligible buyers.
    The purpose of the agent system is to administer the Federal crop 
insurance program; identify agents engaged in the sales and service of 
insurance coverage; detect disparate or inconsistent performance among 
all agents; capture data that contains the social security account 
number of agents for actuarial purposes in determining risk 
classification to analyze and evaluate general program performance at 
various phases of program delivery; facilitate procedures requiring 
annual reviews by private insurance companies of the performance of 
each agent used by the private insurance company; provide an agent 
directory for sales related activities; and analyze and evaluate 
general program performance at various phases of program delivery. The 
agent system is maintained by the Actuarial Division, Research and 
Development, located in the RMA Kansas City office.
    The system contains records of identification for an agent to 
include the name, social security number, agent code, State, county, 
and private insurance company that insures the policy for which sales 
and service activities are performed by the agent, the individual 
policy number, State, and county, private insurance company, amount of 
premium collected, and amount of indemnity paid for all losses for 
policies that are sold and serviced by the agent, and any information 
relating to any disqualification, suspension, debarment or other 
ineligibility.
    A ``Report on New System,'' required by 5 U.S.C. 552a(r), as 
implemented by OMB Circular A-130, was sent 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 September 16, 2003.

    Signed at Washington, DC, on September 16, 2003.
Ann M. Veneman,
Secretary of Agriculture.
USDA/FCIC-9

System Name:
    Agent.

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 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 who is under 
contract with or employed by a private insurance company to solicit and 
service crop insurance contracts, and who meets the licensing 
requirements set by individual States and FCIC for such activities.

Categories of Records in the System:
    The system consists of standardized records containing identifying 
information on individuals such as name, social security number, agent 
code, the State, county, and private insurance company that insures the 
policy for which the agent sells or services, and the individual policy 
number, State and county, private insurance company, amount of premium 
collected, and amount of indemnity paid for all applicable losses for 
each policy sold and serviced by the agent, and any information 
relating to State licensing and any disqualification, suspension, 
debarment, and any other ineligibility.

[[Page 55363]]

Authority for Maintenance of the System:
    7 U.S.C. 1501 et seq.

Routine uses of records maintained in the system, including categories 
of uses and 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 or adjudicative body in a proceeding 
when: (a) The agency or any component thereof; or (b) any employee of 
the agency in his or her official capacity; or (c) any employee of the 
agency in his or her individual capacity where the agency has agreed to 
represent the employee; or (d) the United States Government is a party 
to litigation or has an interest in such litigation, and by careful 
review, the agency determines that the records are both relevant and 
necessary to the litigation and the use of such records is therefore 
deemed by the agency to be for a purpose that is compatible with the 
purpose for which the agency collected the records.
    (3) Disclosure 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.
    (4) Disclosure to private insurance companies to monitor agent 
activity, performance, and loss histories and take such corrective 
action as necessary.
    (5) 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.
    (6) Disclosure to private insurance companies, contractors, and 
other applicable Federal agencies to determine whether information has 
been accurately provided to FCIC and the private insurance companies 
and to determine compliance with program requirements.
    (7) Disclosure to private insurance companies, contractors, 
cooperators, partners of FCIC, and other Federal agencies for any 
purpose relating to the sale, service, administration, analysis, or 
evaluation of the Federal crop insurance program.
    (8) Disclosure to the public of an Agent Directory through RMA 
Website to assist producers or other interested individuals in locating 
agents in a particular area.
    (8) Disclosure to the National Archives and Records Administration 
or to the General Services Administration for records management 
inspections conducted under 44 U.S.C. 2904 and 2906.

Policies and Practices for Storing, Retrieving, Accessing, Retaining, 
and Disposing of Records in the System:
Storage:
    Records are maintained electronically, on computer printouts, 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), and agent 
code.

Safeguards:
    Records are accessible only to authorized personnel, on computer 
printouts and in the file folders at the Kansas City office. The 
electronic records are controlled by password protection and the 
computer network is protected by means of a firewall.

Retention and Disposal:
    Electronic records are maintained indefinitely. Hard copy records 
are maintained until expiration of the records retention period 
established by the National Archivist.

System Manager/s/ and Address:
    Actuarial Division, Risk Management Agency, Federal Crop Insurance 
Corporation, 6501 Beacon Drive, Stop 0814, Kansas City, Missouri 64133-
4676. Telephone: (816) 926-6487.

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, 
social security number, and State/s/ where such individual is licensed, 
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, which 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 20250-0807. The 
envelope and letters should be marked ``Privacy Act Request.'' A 
request for information should contain: name, address, ZIP code, 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 due to a financial arrangement with FCIC, or from other Federal 
agencies. The financial agreements with the insurance company are 
referred to as Reinsurance Agreements. These agreements are considered 
cooperative financial assistance agreements between FCIC and the 
insurance company named in the agreement. Each reinsurance agreement 
establishes the terms and conditions under which the FCIC will provide 
subsidies and reinsurance on eligible crop insurance contracts sold or 
reinsured by the insurance company named on the agreement. The agent is 
an individual under contract with or employed by an insurance company 
to solicit, and service crop insurance contracts, and who meets the 
licensing requirements set by individual States and FCIC for such 
activities. FCIC facilitates the data source through its financial 
agreement with the insurance company.

Exemptions claimed for the system:
    None.

[FR Doc. 03-24180 Filed 9-24-03; 8:45 am]
BILLING CODE 3410-08-P