Privacy Act of 1974; System of Records, 21264-21266 [2017-09157]

Agencies

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

[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

[[Page 21266]]

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