U.S. Department of Justice Updating Claims Filing System- Does This Foretell Increasing Activity?

AGENCY: Foreign Claims Settlement Commission of the United States, Department of Justice.
ACTION: Notice of a new system of records.

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.

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

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.Start Printed 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.

LINK To Notification: https://www.federalregister.gov/documents/2019/10/17/2019-22496/privacy-act-of-1974-system-of-records?utm_source=federalregister.gov&utm_medium=email&utm_campaign=subscription+mailing+list

LINK To Federal Register Notification In PDF Format.

About The FCSC From The United States Department of Justice:

“The Foreign Claims Settlement Commission of the United States is a quasi-judicial, independent agency within the Department of Justice which adjudicates claims of U.S. nationals against foreign governments, either under specific jurisdiction conferred by Congress or pursuant to international claims settlement agreements. The decisions of the Commission are final and are not reviewable under any standard by any court or other authority. Funds for payment of the Commission's awards are derived from congressional appropriations, international claims settlements, or the liquidation of foreign assets in the United States by the Departments of Justice and the Treasury.

The Commission also has authority to receive, determine the validity and amount, and provide for the payment of claims by members of the U.S. armed services and civilians held as prisoners of war or interned by a hostile force in Southeast Asia during the Vietnam conflict, or by the survivors of such service members and civilians.

The Commission is also responsible for maintaining records and responding to inquiries related to the various claims programs it has conducted against the Governments of Albania, Bulgaria, China, Cuba, Czechoslovakia, Egypt, Ethiopia, the Federal Republic of Germany, the German Democratic Republic, Hungary, Iran, Italy, Panama, Poland, Romania, the Soviet Union, Vietnam, and Yugoslavia, as well as those authorized under the War Claims Act of 1948 and other statutes.”

Agency URL: http://www.justice.gov/fcsc/
Parent Agency; Justice Department