[Federal Register Volume 68, Number 61 (Monday, March 31, 2003)]
[Notices]
[Pages 15426-15427]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-7630]


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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. 61 / Monday, March 31, 2003 / 
Notices  

[[Page 15426]]



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-11, entitled ``Loss Adjuster.'' 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 loss adjuster 
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 April 30, 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 April 30, 2003.

FOR FURTHER INFORMATION CONTACT: Director, Actuarial Division, Risk 
Management Agency, 6501 Beacon Drive, Kansas City, Mo 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-11, entitled ``Loss 
Adjuster'' 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 loss adjuster system is to identify persons 
performing loss adjustment services (i.e., performing field 
inspections, verifying cause of loss, determining total production); 
detect disparate or inconsistent performance among all loss adjustors; 
capture data that contains the social security account number of loss 
adjusters for actuarial purposes in determining risk classification; 
and analyze and evaluate general program performance at various phases 
of program delivery. Routine uses include identifying loss adjusters 
who are ineligible for participation due to disqualification, 
suspension, debarment or other ineligibility and for other general 
administrative needs. The system contains records of identification for 
a loss adjustor to include the name, social security number, loss 
adjuster code, State, county and private insurance company that insures 
the policy for which the loss adjustment activities are performed, the 
individual policy number, state and county, private insurance company, 
amount of premium collected, and amount of indemnity paid for all 
applicable losses adjusted by the loss adjuster, and any information 
relating to any disqualification, suspension, debarment or other 
ineligibility.
    The loss adjuster system is maintained by the Actuarial Division, 
Research and Development, RMA, Kansas City, Missouri.
    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, U.S. House of Representatives, and the 
Administrator, Office of Information and Regulatory Affairs, Office of 
Management and Budget on March 21, 2003.

    Signed at Washington, DC, on March 21, 2003.
Ann M. Veneman,
Secretary of Agriculture.
USDA/FCIC-11

System Name:
    Loss Adjuster,

 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 reinsured by 
FCIC and who is authorized to perform loss adjustment and related 
activities under the laws of the State and the Standard Reinsurance 
Agreement.
    Categories of Records in the System:
    The system consists of standardized records containing identifying 
information on individuals such as name, social security number, loss 
adjuster code, the State, county and private insurance company that 
insures the policy for which the loss adjustment activities are 
performed, and the individual policy number, State and county, private 
insurance company, amount of premium collected, and amount of indemnity 
paid for all applicable losses adjusted by the loss adjuster and any 
information relating to disqualification, suspension, debarment, and 
any other ineligibility.

[[Page 15427]]

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 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 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 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 loss 
adjuster 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.

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, social security 
number, and loss adjuster 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 record 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, address and 
social security number. 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, 
The 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, 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 financial arrangement with FCIC (i.e. Standard 
Reinsurance Agreement), or from other Federal agencies.

Exemptions Claimed for the System:
    None.

[FR Doc. 03-7630 Filed 3-28-03; 8:45 am]
BILLING CODE 3410-08-P