Privacy Act of 1974; System of Records, 44709-44711 [E6-12741]

Agencies

• Department of Justice
• Office of Justice Programs
• Justice Programs Office

[Federal Register Volume 71, Number 151 (Monday, August 7, 2006)]
[Notices]
[Pages 44709-44711]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-12741]


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DEPARTMENT OF JUSTICE

Office of Justice Programs

[AAG/A Order No. 012-2006]


Privacy Act of 1974; System of Records

AGENCY: Department of Justice (DOJ), Office of Justice Programs (OJP).

ACTION: Modification of a system of records.

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SUMMARY: This is a notice of minor modifications to a system of records 
originally published in the Federal Register on September 4, 2002 (67 
FR 56584), entitled ``Victims of International Terrorism Compensation 
and Assistance Program, OJP-014.'' The system is being re-named as 
``Victims of International Terrorism Expense Reimbursement Program, 
OJP-014.'' Minor changes are made to reflect the nature of the program 
as an ``expense reimbursement'' program and to update routine uses as 
necessary.

DATES: In accordance with the requirements of 5 U.S.C. 552a(e)(4) and 
(11), the public is given a 30-day period in which to comment. The 
Office of Management and Budget (OMB), which has oversight 
responsibility under the Act, has 40 days in which to conclude its 
review of the system. Therefore, please submit any comments by 
September 18, 2006. If no comments are received, the revised system 
notice will be implemented without further notice in the Federal 
Register.

ADDRESSES: The public, OMB, and the Congress are invited to submit any 
comments to Mary E. Cahill, Management and Planning Staff, Justice 
Management Division, Department of Justice, Washington, DC 20530 (Room 
1400 National Place Building), Facsimile number 202-307-1853.

FOR FURTHER INFORMATION CONTACT: Mary E. Cahill, 202-307-1823.
    In accordance with 5 U.S.C. 552a (r), the DOJ has provided a report 
to OMB and the Congress on the modifications to this system of records.

    Dated: July 31, 2006.
Lee J. Lofthus,
Acting Assistant Attorney General, for Administration.
JUSTICE/OJP--014

System Name:
    Victims of International Terrorism Expense Reimbursement Program.

Security Classification:
    Unclassified.

System Location:
    Original records will be kept at the Office of Justice Programs 
(OJP), 810 Seventh Street, NW., Washington, DC 20531. Copies of records 
may be kept at locations of authorized contractors. The Office for 
Victims of Crimes (OVC) will have access to any/all data base(s) 
established by an OVC contractor and the data base(s) will be 
maintained internally or placed on the OJP/OVC server.

Categories of Individuals Covered by the System:
    Claimants seeking expense reimbursement under the program,

[[Page 44710]]

individuals filing claims on behalf of claimants, and individuals 
referenced in claims or related documents.

Categories of Records in the System:
    Records in the system include: Claim forms filed by or on behalf of 
claimants seeking expense reimbursement under the program; records from 
telephone contacts or inquiries; documents submitted in support of the 
claims; medical, personal, employment, financial, and other records 
obtained or generated to process claims.

Authority for Maintenance of the System:
    Authority for maintaining this system exists under the Victims of 
Crime Act (``VOCA''), 42 U.S.C. 10601 et seq.; 10604 (Administrative 
provisions).

Purpose of Records Maintained in the System:
    Information contained in this system may be used to determine and 
record eligibility of claimants under the Victims of Crime Act, as 
amended, and any reimbursement provided under the Act, and to track 
claim status. For individuals who are eligible, see 42 U.S.C. 
10603c(3)(A): The term ``victim'' means ``a person who--(i) suffered 
direct physical or emotional injury or death as a result of 
international terrorism occurring on or after December 21, 1988 with 
respect to which an investigation or prosecution was ongoing after 
April 24, 1996; and (ii) as of the date on which the international 
terrorism occurred, was a national of the United States or an officer 
or employee of the United States Government.'' [42 U.S.C. 10603c(3)(A) 
(i) and (ii)].

Routine Uses of Records Maintained in the System, Including Categories 
of Users and the Purposes of Such Uses:
    Records, or any information derived therefrom, may be disclosed as 
follows:
    A. To appropriate Federal, State and local agencies to coordinate 
expense reimbursements paid under similar programs;
    B. To Federal, State and local agencies to verify and certify 
eligibility for expense reimbursements;
    C. In an appropriate proceeding before a court, 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 the National Archives and Records Administration for purposes 
of records management inspections conducted under the authority of 44 
U.S.C. 2904 and 2906.
    E. 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.
    F. Limited information may be disclosed to relief organizations/
agencies, as appropriate for acts of international terrorism.
    G. To foreign compensation programs and/or foreign governments to 
coordinate payment of expense reimbursements and/or to ensure no 
duplication of payments.
    H. 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.
    I. Where a record, either on its face 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, foreign, or tribal, 
law enforcement authority or other appropriate agency charged with the 
responsibility of investigating or prosecuting such a violation or 
enforcing or implementing such law.
    J. To appropriate officials and employees of a Federal agency or 
entity which requires information relevant to a decision concerning the 
hiring, appointment, or retention of an employee; the issuance, 
renewal, suspension, or revocation of a security clearance; the 
execution of a security or suitability investigation; the letting of a 
contract, or the issuance of a grant or benefit.
    K. To the White House (the President, Vice President, their staffs, 
and other entities of the Executive Office of the President (EOP)) for 
Executive Branch coordination of activities which relate to or have an 
effect upon the carrying out of the constitutional, statutory, or other 
official or ceremonial duties of the President or Vice-President.
    L. To such recipients and under such circumstances and procedures 
as are mandated by Federal statute or treaty.
    M. To the news media and the public 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.
    N. The Department of Justice may disclose relevant and necessary 
information 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.

Policies and Practices for Storing, Retrieving, Accessing, Retaining, 
and Disposing of Records in the System:
Storage:
    Information in this system is maintained on a master index, in 
folders, and in an automated system.

Retrievability:
    Data is retrieved by name and address of claimant, name and address 
of deceased or injured victim, by terrorism incident, by type of 
service provider/service rendered to victim, by nationality (Foreign 
Service National (FSN) vs. U.S. National), by social security number, 
by date of birth, and individual case file number.

Safeguards:
    Computerized information is safeguarded and protected by computer 
password key and limited access. Electronic record retention is also 
protected by ``firewalls.'' Operational access to information 
maintained on a dedicated computer system, is controlled by levels of 
security provided by password keys to prevent unauthorized entry, and 
audit trail of accessed information. Access to manual files is limited 
to personnel who have a need for files to perform official duties and 
is safeguarded in locked file cabinets. All files are maintained in a 
secure building.

Retention and Disposal:
    Files are retained on hard copy and on a computer database. All 
claim files and automated data pertaining to a claim are destroyed 10 
years after the date the claim has been fully processed and/or payment 
made, as approved by the National Archives and Records Administration 
(NARA). Automated data is retained in its most current form only, 
however, and as information is updated, outdated information is 
deleted. The schedule was approved and signed by the NARA Archivist on 
September 30, 2004.

[[Page 44711]]

System Manager(S) and Address:
    Terrorism and International Victim Assistance Services Division, 
Office for Victims of Crime, Office of Justice Programs, 810 7th 
Street, NW., Washington, DC 20531.

Notification Procedure:
    Inquiries concerning this system should be addressed to the system 
manager listed above c/o FOI/PA Personnel.

Record Access Procedures:
    Request for access to a record from this system shall be made in 
writing with the envelope and the letter clearly marked ``Freedom of 
Information/Privacy Act 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.

Contesting Record Procedures:
    Individuals desiring to contest or amend information maintained in 
the system should direct their request to the System Manager listed 
above, state clearly and concisely what information is being contested, 
the reason for contesting it, and the proposed amendment to the 
information sought.

Record Source Categories:
    Public agencies including investigating agency, employing agency, 
claimants, educational institutions, physicians, hospitals, official 
State and Federal documents.

Exemptions Claimed For The System:
    None.

[FR Doc. E6-12741 Filed 8-4-06; 8:45 am]
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