[Federal Register Volume 82, Number 86 (Friday, May 5, 2017)]
[Notices]
[Pages 21264-21266]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-09157]
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DEPARTMENT OF JUSTICE
Foreign Claims Settlement Commission of the United States
Privacy Act of 1974; System of Records
AGENCY: Foreign Claims Settlement Commission Of The United States,
Department of Justice.
ACTION: Notice of a new system of records.
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SUMMARY: Pursuant to the Privacy Act of 1974, the Foreign Claims
Settlement Commission of the United States (Commission), Department of
Justice, proposes to establish a new system of records to enable the
Commission to carry out its statutory responsibility to
[[Page 21265]]
receive, examine, adjudicate and render final decisions with respect to
claims for compensation of individuals pursuant to the Guam World War
II Loyalty Recognition Act. The claims will include documentation
provided by the claimants as well as background material that will
assist the Commission in the processing of their claims. The system
will also include the final decision of the Commission regarding each
claim.
DATES: In accordance with 5 U.S.C. 552a(e)(4) and (11), this notice is
effective upon publication, subject to a 30-day period in which to
comment on the routine uses, described below. Therefore, please submit
any comments by June 5, 2017. Following the 30-day comment period, the
routine uses, described below, will be effective.
ADDRESSES: The public, the Office of Management and Budget (OMB), and
Congress are invited to submit any comments to the Foreign Claims
Settlement Commission, 600 E Street NW., Suite 6002, Washington, DC
20579.
FOR FURTHER INFORMATION CONTACT: Jeremy LaFrancois, Chief
Administrative Counsel, Foreign Claims Settlement Commission, U.S.
Department of Justice, 600 E Street NW., Suite 6002, Washington, DC
20579, or by telephone at (202) 616-6975.
SUPPLEMENTARY INFORMATION: On December 23, 2016, President Obama signed
into law the Guam World War II Loyalty Recognition Act, Title XVII,
Public Law 114-328, 130 Stat. 2000, 2641-2647 (2016) (the ``Guam
Loyalty Recognition Act'' or ``Act''). The Act authorizes the Foreign
Claims Settlement Commission of the United States (Commission) to
adjudicate claims and determine the eligibility of individuals for
payments under the Act, in recognition of harms suffered by residents
of Guam as a result of the occupation of Guam by Imperial Japanese
military forces during World War II.
The system of records covered by this notice is necessary for the
Commission's adjudication of claims under the Act. These records shall
form the basis upon which the Commission will determine an individual's
eligibility for and amount of payments under the Act. This system will
not have any effect on any other systems of records.
In accordance with 5 U.S.C. 552a(r), the Commission has provided a
report to OMB and the Congress on the new system of records.
Brian M. Simkin,
Chief Counsel.
JUSTICE/FCSC-32
SYSTEM NAME AND NUMBER:
Claims Arising under the Guam World War II Loyalty Recognition Act,
JUSTICE/FCSC-32.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Offices of the Foreign Claims Settlement Commission, 600 E Street
NW., Suite 6002, Washington, DC 20579.
SYSTEM MANAGER(S) AND ADDRESS:
Foreign Claims Settlement Commission, 600 E Street NW., Suite 6002,
Washington, DC 20579. Telephone: (202) 616-6975. Fax: (202) 616-6993.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Authority to establish and maintain this system is contained in 5
U.S.C, 301 and 44 U.S.C. 3101, which authorize the Chairman of the
Commission to create and maintain federal records of agency activities,
and is further described in 22 U.S.C. 1622e, which vests all non-
adjudicatory functions, powers and duties in the Chairman of the
Commission.
PURPOSE OF THE SYSTEM:
To enable the Commission to carry out its statutory responsibility
to determine the validity and amount of claims arising under the Guam
World War II Loyalty Recognition Act.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Persons who file claims pursuant to the Guam World War II Loyalty
Recognition Act.
CATEGORIES OF RECORDS IN THE SYSTEM:
Claim information, including name and address of claimant and
representative, if any; date and place of birth, naturalization, or
residency; nature of claim; description of loss or injury, including
medical records; and other evidence establishing entitlement to
payments under the Act.
RECORD SOURCE CATEGORIES:
Claimant on whom the record is maintained.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
In addition to those disclosures generally permitted under 5 U.S.C.
552a(b), all or a portion of the records or information contained in
this system of records may be disclosed as a routine use pursuant to 5
U.S.C. 552a(b)(3) under the circumstances or for the purposes described
below, to the extent such disclosures are compatible with the purposes
for which the information was collected.
a. To the Department of the Treasury in connection with the
negotiation, adjudication, settlement and payment of claims;
b. 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 a Commission function related to this system of
records;
c. 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;
d. 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;
e. In an appropriate proceeding before the Commission, or before a
court, grand jury, or administrative or adjudicative body, when the
Department of Justice and/or the Commission 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;
f. To a former employee of the Commission for purposes of:
Responding to an official inquiry by a federal, state, or local
government entity or professional licensing authority, in accordance
with applicable Commission regulations; or facilitating communications
with a former employee that may be necessary for personnel-related or
other official purposes where the Commission requires information and/
or consultation from the former employee regarding a matter within that
person's former area of responsibility;
g. To the National Archives and Records Administration for purposes
of
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records management inspections conducted under the authority of 44
U.S.C. 2904 and 2906;
h. To appropriate agencies, entities, and persons when (1) the
Commission suspects or has confirmed that there has been a breach of
the system of records; (2) the Commission has determined that as a
result of the suspected or confirmed breach there is a risk of harm to
the individuals, the Commission (including its information systems,
programs, and operations), the Federal Government, or national
security; and (3) the disclosure made to such agencies, entities, and
persons is reasonably necessary to assist in connection with the
Commission's efforts to respond to the suspected or confirmed breach or
to prevent, minimize, or remedy such harm;
i. To another Federal agency or Federal entity, when the Commission
determines that information from this system of records is reasonably
necessary to assist the recipient agency or entity in (1) responding to
a suspected or confirmed breach or (2) preventing, minimizing, or
remedying the risk of harm to individuals, the recipient agency or
entity (including its information systems, programs, and operations),
the Federal Government, or national security, resulting from a
suspected or confirmed breach;
j. To such recipients and under such circumstances and procedures
as are mandated by federal statute or treaty.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Paper records maintained in file folders at the Commission's office
and electronic records located on the Commission's Server.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Information from this system of records will be retrieved by claim
number and/or decision number. An alphabetical index may be used by the
Commission for identification of a claim by claimants' name.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Records are maintained under 5 U.S.C. 301. Disposal of records will
be in accordance with the determination by the National Archives and
Records Administration.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
Paper records are under security safeguards at the Commission's
office. Such safeguards include storage in a central location within a
limited access building and a further limited access suite.
Accordingly, access is limited to Commission employees and contractors
with appropriate security clearances. The electronic records are
safeguarded by the DOJ JCON security procedures. Access to the
Commission's data requires a password and is limited to Commission
employees and contractors with appropriate security clearances.
RECORD ACCESS PROCEDURE:
(a) Upon request in person or by mail, any individual will be
informed whether or not a system of records maintained by the
Commission contains a record or information pertaining to that
individual. (b) Any individual requesting access to a record or
information on himself or herself must appear in person at the offices
of the Foreign Claims Settlement Commission, 600 E Street NW., Room
6002, Washington, DC, between the hours of 9 a.m. and 5:00 p.m., Monday
through Friday, and (1) Provide information sufficient to identify the
record, e.g., the individual's own name, claim and decision number,
date and place of birth, etc.; (2) Provide identification sufficient to
verify the individual's identity, e.g., driver's license, Medicare
card, or other government issued identification; and (3) Any individual
requesting access to records or information pertaining to himself or
herself may be accompanied by a person of the individual's own choosing
while reviewing the records or information. If an individual elects to
be so accompanied, advance notification of the election will be
required along with a written statement authorizing disclosure and
discussion of the record in the presence of the accompanying person at
any time, including the time access is granted. (c) Any individual
making a request for access to records or information pertaining to
himself or herself by mail must address the request to the Privacy
Officer, Foreign Claims Settlement Commission, 600 E Street NW., Room
6002, Washington, DC 20579, and must provide information acceptable to
the Commission to verify the individual's identity. (d) Responses to
requests under this section normally will be made within ten (10) days
of receipt (excluding Saturdays, Sundays, and legal holidays). If it is
not possible to respond to requests within that period, an
acknowledgment will be sent to the individual within ten (10) days of
receipt of the request (excluding Saturdays, Sundays, and legal
holidays).
CONTESTING RECORD PROCEDURES:
(a) Any individual may request amendment of a record pertaining to
himself or herself according to the procedure in paragraph (b) of this
section, except in the case of records described under paragraph (d) of
this section. (b) After inspection by an individual of a record
pertaining to himself or herself, the individual may file a written
request, presented in person or by mail, with the Administrative
Officer, for an amendment to a record. The request must specify the
particular portions of the record to be amended, the desired amendments
and the reasons therefor. (c) Not later than ten (10) days (excluding
Saturdays, Sundays, and legal holidays) after the receipt of a request
made in accordance with this section to amend a record in whole or in
part, the Administrative Officer will: (1) Make any correction of any
portion of the record which the individual believes is not accurate,
relevant, timely or complete and thereafter inform the individual of
such correction; or (2) Inform the individual, by certified mail return
receipt requested, of the refusal to amend the record, setting forth
the reasons therefor, and notify the individual of the right to appeal
that determination as provided under 45 CFR 503.8. (d) The provisions
for amending records do not apply to evidence presented in the course
of Commission proceedings in the adjudication of claims, nor do they
permit collateral attack upon what has already been subject to final
agency action in the adjudication of claims in programs previously
completed by the Commission pursuant to statutory time limitations.
NOTIFICATION PROCEDURE:
The Administrative Officer will inform any person or other agency
about any correction or notation of dispute made in accordance with
title 45 CFR 503.7 of any record that has been disclosed to the person
or agency if an accounting of the disclosure was made.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
[FR Doc. 2017-09157 Filed 5-4-17; 8:45 am]
BILLING CODE 4410-BA-P