[Federal Register: December 6, 2002 (Volume 67, Number 235)]
[Notices]
[Page 72633-72635]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06de02-26]
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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