Privacy Act of 1974; System of Records, 2133-2135 [E9-629]

Agencies

• Department of Justice
• Foreign Claims Settlement Commission of the United States
• Foreign Claims Settlement Commission

[Federal Register Volume 74, Number 9 (Wednesday, January 14, 2009)]
[Notices]
[Pages 2133-2135]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-629]


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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.

ACTION: Notice of a New System of Records.

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SUMMARY: Pursuant to the Privacy Act of 1974 (5 U.S.C. 552a), the 
Foreign Claims Settlement Commission (Commission), Department of 
Justice, proposes to establish a new system of records to enable the 
Commission to carry out its statutory responsibility to determine the 
validity and amount of the claims submitted to the Commission against 
Libya. The Claims Against Libya System will include documentation 
provided by the claimant 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 the 
claim.

DATES: In accordance with 5 U.S.C. 552a(e)(4) and (11), the public is 
given a 30-day period in which to comment; and the Office of Management 
and Budget (OMB), which has oversight responsibility under the Act, 
requires a 40-day period in which to conclude its review of the system. 
Accordingly, please submit any comments by February 17, 2009.

ADDRESSES: The public, OMB, and Congress are invited to submit any 
comments to the Foreign Claims Settlement Commission of the United 
States, 600 E Street, NW., Suite 6002, Washington, DC 20579.

FOR FURTHER INFORMATION CONTACT: The Administrative Office, 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. 
In accordance with 5 U.S.C. 552a(r), the Department has provided a 
report to OMB and the Congress on the new system of records.

    Dated: January 9, 2009.
Mauricio Tamargo,
Chairman.
JUSTICE/FCSC-29

SYSTEM NAME:
    Libya, Claims Against.

SYSTEM LOCATION:
    Offices of the Foreign Claims Settlement Commission, 600 E Street, 
NW., Suite 6002, Washington, DC 20579.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Persons with claims against Libya covered by the August 14, 2008 
Claims Settlement Agreement Between the United States of America and 
the Great Socialist People's Libyan Arab Jamahiriya and referred by the 
Department of State to the Foreign Claims Settlement Commission.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Claim information, including name and address of claimant and 
representative, if any; date and place of birth or naturalization; 
nature of claim; description of loss or injury including medical 
records; and other evidence establishing entitlement to compensation.

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

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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:
    To enable the Commission to carry out its statutory responsibility 
to determine the validity and amount of certain claims of U.S. 
nationals against Libya.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    The information contained in this system of records will be 
disclosed by the Commission under the following circumstances:
    a. To the Department of State and 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 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 appropriate agencies, entities, and persons when (1) it is 
suspected or confirmed that the security or confidentiality of 
information in the system of records has been compromised; (2) the 
Commission 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 Commission 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 Commission's efforts to respond to the suspected or 
confirmed compromise and prevent, minimize, or remedy such harm.

STORAGE:
    Paper records maintained in file folders at the Commission's office 
and an electronic Microsoft Access database located on the Commission's 
Server.

RETRIEVABILITY:
    Information from this system of records will be retrieved by 
claimant name, claim number and/or decision number. An alphabetical 
index is used for identification of a claim by claimants' name (see 
system ``Justice/FCSC-1'' originally published in the Federal Register, 
June 10, 1999, 64 FR 31296).

SAFEGUARDS:
    Paper records are under security safeguards at the Commission's 
office. 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.

RETENTION AND DISPOSAL:
    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 with regard to the Commission's request for 
Records Disposition Authority dated November 26, 2008.

SYSTEM MANAGER(S) AND ADDRESS:
    Administrative Office, Foreign Claims Settlement Commission, 600 E 
Street, NW., Suite 6002, Washington, DC 20579. Telephone: 202/616-6975. 
Fax: 202/616-6993.

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 Sec. 503.7 of any record that has been disclosed to the 
person or agency if an accounting of the disclosure was made.

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 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, 
identification or Medicare card; 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 Administrative Officer 
(Privacy Officer), Foreign Claims Settlement Commission, 600 E Street, 
NW., Room 6002, Washington, DC 20579, and must provide information 
acceptable to the Administrative Officer 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

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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 Sec. 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.

RECORD SOURCE CATEGORIES:
    Claimant on whom the record is maintained.

[FR Doc. E9-629 Filed 1-13-09; 8:45 am]
BILLING CODE 4410-01-P