Privacy Act of 1974; System of Records, 74878-74879 [2012-30425]

Agencies

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

[Federal Register Volume 77, Number 243 (Tuesday, December 18, 2012)]
[Notices]
[Pages 74878-74879]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-30425]



[[Page 74878]]

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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, 
Justice.

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 
Iraq (``Claims Against Iraq System''). The Claims Against Iraq System 
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 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. Accordingly, please submit 
any comments by January 22, 2013. 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.

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.

Timothy J. Feighery,
Chairman.
JUSTICE/FCSC-30

SYSTEM NAME:
    Iraq, 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 Iraq covered by the September 2, 2010, 
Claims Settlement Agreement Between the Government of the United States 
of America and the Government of the Republic of Iraq 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 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 Iraq.

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 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 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 electronic records located on the Commission's Server.

[[Page 74879]]

RETRIEVABILITY:
    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.

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 5:00 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 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 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. 2012-30425 Filed 12-17-12; 8:45 am]
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