[Federal Register Volume 81, Number 135 (Thursday, July 14, 2016)]
[Notices]
[Pages 45539-45541]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-16670]
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
[CPCLO Order No. 06-2016]
Privacy Act of 1974; Systems of Records
AGENCY: Criminal Division, United States Department of Justice.
ACTION: Notice of a new system of records.
-----------------------------------------------------------------------
SUMMARY: Pursuant to the Privacy Act of 1974, 5 U.S.C. 552a, and Office
of Management and Budget (OMB) Circular No. A-130, notice is hereby
given that the Criminal Division (CRM), a component within the United
States Department of Justice (Department or DOJ), is establishing a new
system of records as noted below to process applications filed by
individuals seeking compensation from the United States Victims of
State Sponsored Terrorism Fund.
DATES: In accordance with 5 U.S.C. 552a(e)(4) and (11), this system of
records notice will become effective upon publication, subject to a 30-
day comment period for the routine uses claimed in the ``ROUTINE USES
OF RECORDS MAINTAINED IN THE SYSTEM'' section of this systems of
records notice. Therefore, please submit any comments regarding the
described routine uses by August 15, 2016.
ADDRESSES: The public, OMB, and Congress are invited to submit any
comments to the Department of Justice, ATTN: Privacy Analyst, Office of
Privacy and Civil Liberties, Department of Justice, National Place
Building, 1331 Pennsylvania Avenue NW., Suite 1000, Washington, DC
20530, or by facsimile at 202-307-0693. To ensure proper handling,
please reference the above-listed CPCLO Order No. on your
correspondence.
FOR FURTHER INFORMATION CONTACT: Amanda Marchand Jones, Chief, FOIA/PA
Unit, Criminal Division, Suite 1127 Keeney Building, NW., Washington,
DC 20530, or by facsimile at 202-514-6117.
SUPPLEMENTARY INFORMATION: The Justice for United States Victims of
State Sponsored Terrorism Act (Act), passed as part of the Consolidated
Appropriations Act of 2016, Public Law 114-113, mandated the
establishment of the United States Victims of State Sponsored Terrorism
Fund (Fund). Pursuant to the Act, the Fund may
[[Page 45540]]
compensate eligible United States persons who (1) hold a final judgment
issued by a United States district court awarding the applicant
compensatory damages arising from acts of international terrorism for
which a foreign state sponsor of terrorism was found not immune from
the jurisdiction of the courts of the United States under the Foreign
Sovereign Immunities Act; or (2) were taken and held hostage from the
United States Embassy in Tehran, Iran, during the period beginning
November 4, 1979, and ending January 20, 1981, or are spouses and
children of these hostages, if also identified as a member of the
proposed class in case number 1:00-CV-03110 (EGS) of the United States
District Court for the District of Columbia. In order to establish
eligibility for compensation, claimants must provide sufficient
information for a determination by the Special Master for the USVSST
Fund, of whether they are eligible, and if so, what amount of
compensation. The Act also mandates collection of information regarding
other sources of compensation related to the judgment which may modify
the amount of compensation. This system of records is being established
to enable the prompt adjudication of these claims.
Elsewhere in the Federal Register, the Department has provided the
eligibility requirements and procedures for the submission and
consideration of applications to the Fund. More detailed information
regarding the Fund, including answers to frequently asked questions, is
available on the U.S. Victims of State Sponsored Terrorism Web site at
www.usvsst.com.
In accordance with 5 U.S.C. 552a(r), the Department is providing a
report to OMB and Congress on the new systems of records.
Dated: July 8, 2016.
Erika Brown Lee,
Chief Privacy and Civil Liberties Officer, United States Department of
Justice.
Justice/CRM-029
SYSTEM NAME:
United States Victims of State Sponsored Terrorism Fund (USVSSTF)
File System.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Records in this system are located at: U.S. Department of Justice,
Criminal Division, 950 Pennsylvania Avenue NW., Washington, DC 20530;
Federal Records Center, Suitland, MD 20409, 5151 Blazer Parkway, Suite
A, Dublin, OH 43017; and 1985 Marcus Avenue, Suite 200, Lake Success,
NY 11042.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
The system covers: Those individuals claiming eligibility for
compensation from the United States Victims of State Sponsored
Terrorism Fund, including the personal representative of any decedent's
estate, or legal counsel representing the claimant; and those DOJ
employees, including contractors, that are administering, assessing,
and adjudicating the claims.
CATEGORIES OF RECORDS IN THE SYSTEM:
Application forms filed by or on behalf of claimants seeking
benefits under the Fund; documentation submitted in support of claims;
legal, personal, financial, insurance, tax, and other records obtained
or generated to assess, adjudicate, and pay claims.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Justice for United States Victims of State Sponsored Terrorism Act,
enacted into law as Title IV, Division O, section 404 of the
Consolidated Appropriations Act, 2016, Public Law 114-113, codified at
42 U.S.C. 10609 (2015).
PURPOSE(S):
These records are collected or generated for the purpose of
determining eligibility of and compensation to claimants under the
United States Victims of State Sponsored Terrorism Act.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
A record maintained in this system of records may be disseminated
as a routine use of records as follows:
(a) To the Department of Treasury to ensure that any recipients of
federal payments who also owe delinquent federal debts have their
payment offset or withheld or reduced to satisfy the debt.
(b) Where a record, either alone or in conjunction with other
information, indicates a violation or potential violation of law--
criminal, civil, or regulatory in nature--the relevant records may be
referred to the appropriate federal, state, local, territorial, tribal,
or foreign law enforcement authority or other appropriate entity
charged with the responsibility for investigating or prosecuting such
violation or charged with enforcing or implementing such law.
(c) In an appropriate proceeding before a court, grand jury, or
administrative or adjudicative body, when the Department of Justice
determines that the records are arguably relevant to the proceeding; or
in an appropriate proceeding before an administrative or adjudicative
body when the adjudicator determines the records to be relevant to the
proceeding.
(d) To an actual or potential party to litigation or the party's
authorized representative for the purpose of negotiation or discussion
of such matters as settlement, plea bargaining, or in informal
discovery proceedings.
(e) To the news media and the public, including disclosures
pursuant to 28 CFR 50.2, unless it is determined that release of the
specific information in the context of a particular case would
constitute an unwarranted invasion of personal privacy.
(f) To contractors, grantees, experts, consultants, students, and
others performing or working on a contract, service, grant, cooperative
agreement, or other assignment for the federal government, when
necessary to accomplish an agency function related to this system of
records.
(g) To a former employee of the Department for purposes of:
Responding to an official inquiry by a federal, state, or local
government entity or professional licensing authority, in accordance
with applicable Department regulations; or facilitating communications
with a former employee that may be necessary for personnel-related or
other official purposes where the Department requires information and/
or consultation assistance from the former employee regarding a matter
within that person's former area of responsibility.
(h) To a Member of Congress or staff acting upon the Member's
behalf when the Member or staff requests the information on behalf of,
and at the request of, the individual who is the subject of the record.
(i) To appropriate agencies, entities, and persons when (1) the
Department suspects or has confirmed that the security or
confidentiality of information in the system of records has been
compromised; (2) the Department has determined that as a result of the
suspected or confirmed compromise there is a risk of harm to economic
or property interests, identity theft or fraud, or harm to the security
or integrity of this system or other systems or programs (whether
maintained by the Department or another agency or entity) that rely
upon the compromised information; and (3) the disclosure made to such
agencies, entities, and persons is reasonably necessary to assist in
connection with the Department's efforts to respond to the suspected or
[[Page 45541]]
confirmed compromise and prevent, minimize, or remedy such harm.
(j) To the National Archives and Records Administration for
purposes of records management inspections conducted under the
authority of 44 U.S.C. 2904 and 2906.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
None.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Records are maintained in a hard-copy, paper format in filing
cabinets in a secure room. Electronic data is stored in electronic
media via a configuration of client/servers and personal computers.
Records are stored in accordance with applicable executive orders,
statutes, and agency implementing regulations.
RETRIEVABILITY:
Files and automated data are retrieved by name of a claimant, the
personal representative, or legal counsel of a claimant, claim number,
Social Security Number and/or Tax Identification Number.
SAFEGUARDS:
Information in this system is maintained in accordance with
applicable laws, rules, and policies on protecting individual privacy.
Access to the servers storing electronic data and the backup tapes is
controlled by a card-key security system with access provided only to
appropriate personnel. Backup tapes stored offsite are maintained in
accordance with a government contract that requires adherence to
applicable laws, rules, and policies on protecting individual privacy.
Internet connections are protected by multiple firewalls. Security
personnel conduct periodic vulnerability scans to ensure security
compliance and access reviews are conducted on a regular basis. User
access requires two factor RSA authentication and user access is
determined by the minimal amount of user authorization necessary to
complete their job. Paper records are maintained in a secure room.
RETENTION AND DISPOSAL:
Records are to be retained and disposed of in accordance with
agency retention plans.
SYSTEM MANAGER(S) AND ADDRESS:
Assistant Attorney General, Criminal Division, U.S. Department of
Justice, 950 Pennsylvania Avenue NW., Washington, DC 20503-0001.
NOTIFICATION PROCEDURE:
Same as ``RECORD ACCESS PROCEDURES,'' below.
RECORD ACCESS PROCEDURES:
All requests for access must be in writing and should be addressed
to: Chief, FOIA/PA Unit, Criminal Division, Department of Justice, 950
Pennsylvania Avenue NW., Washington, DC 20530-0001 or
[email protected]. The communication should be clearly marked
``Privacy Act Access Request.'' The request should include a general
description of the records sought and must include the requester's full
name, current address, and date and place of birth. The request must be
signed and either notarized or submitted under penalty of perjury.
Although no specific form is required, you may obtain forms for
this purpose from the FOIA/Privacy Act Mail Referral Unit, Justice
Management Division, United States Department of Justice, 950
Pennsylvania Avenue NW., Washington, DC 20530-0001, or on the
Department of Justice Web site at http://www.justice.gov/oip/oip-request.html.
CONTESTING RECORD PROCEDURES:
Individuals seeking to contest or amend information maintained in
the system should direct their requests to the address indicated in the
``RECORD ACCESS PROCEDURES'' section, above, stating clearly and
concisely what information is being contested, the reasons for
contesting it, and the proposed amendment to the information sought.
The communication should be clearly marked ``Privacy Act Amendment
Request.''
RECORD SOURCE CATEGORIES:
Individuals or entities having information pertinent to the
adjudication of compensation claims, including but not limited to:
Injured individuals; personal representatives of deceased individuals;
eligible claimants; family members; physicians and other medical
professionals, hospitals, and clinics; insurers, employers, and their
agents and representatives.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
[FR Doc. 2016-16670 Filed 7-13-16; 8:45 am]
BILLING CODE 4410-14-P