[Federal Register: November 8, 2002 (Volume 67, Number 217)]
[Notices]               
[Page 68086-68087]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08no02-24]                         

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Notices
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains documents other than rules 
or proposed rules that are applicable to the public. Notices of hearings 
and investigations, committee meetings, agency decisions and rulings, 
delegations of authority, filing of petitions and applications and agency 
statements of organization and functions are examples of documents 
appearing in this section.

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[[Page 68086]]



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-10, entitled ``Policyholder.'' 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 the policyholder 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 December 9, 2002 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 December 9, 2002.

FOR FURTHER INFORMATION CONTACT: Director, Actuarial Division, Risk 
Management Agency, Federal Crop Insurance Corporation, 6501 Beacon 
Drive, Stop 0814, Kansas City, Missouri 64133-4676. 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-10, entitled 
``Policyholder'' 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.
    The policyholder system contains records of insured producers' and 
their policy information. Included in this information is: Name and tax 
identification numbers (including social security numbers) of the 
insured and all persons with a substantial beneficial interest in the 
insured, the crops insured, coverage levels, price elections, 
production and yield history; acreage report information including 
acres, farming practices, planting dates, premium and liability data; a 
legal description and identification of insured's land; and, if 
applicable, associated loss data on the insured's land as submitted to 
RMA by private insurance companies.
    The purpose of the policyholder system is to administer the Federal 
crop insurance program; identify and support compliance and agency 
oversight efforts to mitigate fraud, waste and abuse; evaluate and 
analyze program performance as an element of determining actuarial 
soundness; support data reconciliation with the Farm Service Agency; 
assemble data for the purpose of establishing sound actuarial bases for 
insurance on agricultural commodities; research and develop new crop 
and risk management programs; analyze, evaluate or modify existing 
programs, internal controls and program performance; perform cost 
benefit analysis to support program rules, changes and modifications; 
provide historical records of program performance for research and 
development related to rating and coverage; and provide insured 
producers' policy information to private insurance companies as 
required by the Standard Reinsurance Agreement between the FCIC and the 
private insurance companies.
    The policyholder system is maintained by the Actuarial Division, 
Research and Development, located in the RMA Kansas City office.
    A report on a new system, as required by 5 U.S.C. 552a(r) and 
implemented by OMB Circular A-130, was sent to the Chairman, Committee 
on Governmental Affairs, United States Senate; the Chairman, Committee 
on Government Reform, U.S. House of Representatives; and the 
Administrator, Office of Information and Regulatory Affairs, Office of 
Management and Budget, on November 4, 2002.

    Signed at Washington, DC, on November 4, 2002.
Ann M. Veneman,
Secretary of Agriculture.
USDA/FCIC-10

System name:
    Policyholder.

Security classification:
    None.

System location:
    Kansas City Office, Federal Crop Insurance Corporation, Risk 
Management Agency, 501 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 or other legal 
entity that has, or has had in the past, insurance with the Federal 
Crop Insurance Corporation (FCIC) or a private insurance company 
reinsured by the FCIC.

Categories of records in the system:
    The system consists of standardized records containing identifying 
information on individuals or other legal entities such as name, 
address, tax identification number (social security number or employer 
identification number) of the insured and any person with a substantial 
beneficial interest in the insured. The system also contains crops 
insured by crop years, the amount of premium paid by the insured, the 
amount of indemnity paid to the insured, the cause of loss, loss ratio 
of each crop insured under the policy, the number of years of no loss, 
the total number of years a premium discount was earned, the number of 
years an indemnity was paid, insured acreage, acreage location, crop 
yield history, and other individual information related to the 
operation of the crop insurance program. The system consists of a

[[Page 68087]]

complete file containing information from all basic insurance 
documents: i.e., the application for insurance, the annual acreage 
report, inspection reports, claim forms, etc.

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 including the Department of Justice, 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 that 
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) Disclosure to a congressional office in response to any inquiry 
from the congressional office made at the request of that individual.
    (4) Disclosure to private insurance companies for any purpose 
relating to the sale, service, and administration of the Federal crop 
insurance program and the policies insured under the authority of the 
Federal Crop Insurance Act (Act).
    (5) Disclosure to other Federal agencies and contractors, 
cooperators, and partners of FCIC for the purpose of conducting 
research, development, analyses, and evaluation into all aspects 
relating to new and existing crop insurance programs and other risk 
management tools.
    (6) 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.
    (7) 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.
    (8) Disclosure to private insurance companies, contractors, 
cooperators, partners of FCIC, and other Federal agencies for any 
purpose relating to the sale, service, administration, analysis and 
evaluation 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, and 
in the file folders at the Kansas City Office.

Retrievability:
    Records are indexed by State, county and policy number. Records may 
be indexed and retrieved by name of individual, tax identification 
number (social security number or employer identification number), or 
policy number.

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

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:
    Director, 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; tax 
identification number (social security number or employer 
identification number); State(s) and county(ies) where such individual 
farms; and individual crop insurance policy numbers, if known. Before 
information about any record is released, the System Manager requires 
the individual to provide proof of identity or requires the requester 
to furnish a notarized written 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 20250-0821. The 
envelope and letters should be marked ``Privacy Act Request.'' A 
request for information should contain: name, address, ZIP code, tax 
identification number (social security number or employer 
identification 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, or from other Federal agencies.

Exemptions claimed for the system:
    None.

[FR Doc. 02-28475 Filed 11-7-02; 8:45 am]

BILLING CODE 3410-08-P