[Federal Register Volume 84, Number 201 (Thursday, October 17, 2019)]
[Notices]
[Pages 55587-55589]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-22496]


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DEPARTMENT OF JUSTICE

Foreign Claims Settlement Commission


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 receive, 
examine, adjudicate and render final decisions with respect to claims 
for compensation of individuals. The 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 each 
claim.

DATES: In accordance with 5 U.S.C. 552a(e)(4) and (11), this system of 
records notice is effective upon publication, with the exception of the 
routine uses that are subject to a 30-day period in which to comment, 
described below. Therefore, please submit any comments by November 18, 
2019.

ADDRESSES: The public is invited to submit any comments via email at 
[email protected] or by mail to the Foreign Claims Settlement 
Commission, 441 G Street NW, Room 6330, Washington, DC 20579.

FOR FURTHER INFORMATION CONTACT: Jeremy LaFrancois, Chief 
Administrative Counsel, Foreign Claims Settlement Commission, U.S. 
Department of Justice, 441 G Street NW, Room 6330, Washington, DC 
20579, or by telephone at (202) 616-6975.

SUPPLEMENTARY INFORMATION: The Foreign Claims Settlement Commission of 
the United States (Commission) is authorized, pursuant to 22 U.S.C. 
1621 et. seq., 50 U.S.C. 1701 note and 50 U.S.C. App. 2004 and 2005, to 
adjudicate claims to determine the eligibility of individuals for and 
the appropriate amount of compensation.
    The system of records covered by this notice is necessary for the 
Commission's adjudication of claims pursuant to its authority under the 
aforementioned statutes. These records shall form the basis upon which 
the Commission will determine an individual's eligibility for and 
amount of compensation.
    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.

    Dated: October 10, 2019.
Jeremy R. LaFrancois,
Chief Administrative Counsel.

SYSTEM NAME AND NUMBER:
    Claims Received and Adjudicated by the Foreign Claims Settlement 
Commission JUSTICE/FCSC-33.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    Offices of the Foreign Claims Settlement Commission, 441 G Street 
NW Room 6330, Washington, DC 20579 and Washington National Records 
Center, 4205 Suitland Road, Washington, DC 20409.

SYSTEM MANAGER(S):
    Chief Administrative Counsel, Foreign Claims Settlement Commission, 
441 G Street NW Room 6330, Washington, DC 20579. Telephone: (202) 616-
6975. Fax: (202) 616-6993. Email [email protected].

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(S) OF THE SYSTEM:
    This system shall consolidate the following Systems of Records: 
FCSC-1 Indexes of Claimants (Alphabetical); FCSC-3 Certifications of 
Awards; FCSC-4 China, Claims Against; FCSC-5 Civilian Internees 
(Vietnam); FCSC-8 Cuba, Claims Against; FCSC-17 Prisoners of War 
(Vietnam); FCSC-19 Soviet Union, Claims Against; FCSC-25 Egypt, Claims 
Against; FCSC-26 Albania, Claims Against; FCSC-27 Germany, Holocaust 
Survivors' Claims Against; FCSC-28 Iraq, Registration of Potential 
Claims Against; FCSC-29 Libya, Claims Against; FCSC-29 Claims of less 
than $250,000 Against Iran; FCSC-30 Iraq, Claims Against; FCSC-31 
Claims Referred by the Department of State; FCSC-32 Claims Arising 
under the Guam World War II Loyalty Recognition Act. This system will 
enable the Commission to carry out its statutory responsibility to 
determine the validity and amount of claims authorized to be 
adjudicated pursuant to pursuant to 22 U.S.C. 1621 et. seq., 50 U.S.C. 
1701 note and 50 U.S.C. App. 2004 and 2005.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Individuals who file claims pursuant to a duly authorized 
Commission claims program.

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.

RECORD SOURCE CATEGORIES:
    The primary document source is the claimant upon whom the record is 
maintained. The collection may also include documents obtained from 
legal databases (e.g., Westlaw and/or Lexis), Congressional records, 
and the records of other Federal agencies (e.g., the Social Security 
Agency, Department of State, etc.)

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND 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 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. Upon the issuance of a final decision awarding compensation, the 
Commission will certify its decision and other necessary personal 
information to the Department of the Treasury in order to process 
payment of the claim.

[[Page 55588]]

    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 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 the National Records Center. Electronic records are located on the 
Department of Justice Servers.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records maintained in 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. The Commission maintains 
record schedules with the National Archives and Records Administration 
for each authorized claims program.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    Paper records are under security safeguards at both the 
Commission's office and the National Records Center. 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 and Record Center 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 PROCEDURES:
    The Commission's record access procedures are set forth in 45 CFR 
503.5. That section provides that (a) Any individual requesting access 
to a record or information on himself or herself in person must appear 
at the offices of the Foreign Claims Settlement Commission, 441 G 
Street NW Room 6330, 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. (b) 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, 441 G Street NW Room 6330, Washington, DC 20579, and must 
provide information acceptable to the Commission to verify the 
individual's identity. (c) 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.

[[Page 55589]]

(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 PROCEDURES:
    The Commission's notification procedures are set forth in 45 CFR 
503.5. That section provides that (a) Any individual requesting access 
to a record or information on himself or herself in person must appear 
at the offices of the Foreign Claims Settlement Commission, 441 G 
Street NW Room 6330, 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. (b) 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, 441 G Street NW Room 6330, Washington, DC 20579, and must 
provide information acceptable to the Commission to verify the 
individual's identity. (c) 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).

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    None.

HISTORY:
    None.

[FR Doc. 2019-22496 Filed 10-16-19; 8:45 am]
 BILLING CODE 4410-BA-P