81 FR 45539 - Privacy Act of 1974; Systems of Records

DEPARTMENT OF JUSTICE

Federal Register Volume 81, Issue 135 (July 14, 2016)

Pursuant to the Privacy Act of 1974, 5 U.S.C. 552a, and Office of Management and Budget (OMB) Circular No. A-130, notice is hereby given that the Criminal Division (CRM), a component within the United States Department of Justice (Department or DOJ), is establishing a new system of records as noted below to process applications filed by individuals seeking compensation from the United States Victims of State Sponsored Terrorism Fund.

[Federal Register Volume 81, Number 135 (Thursday, July 14, 2016)]
[Notices]
[Pages 45539-45541]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-16670]


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DEPARTMENT OF JUSTICE

[CPCLO Order No. 06-2016]


Privacy Act of 1974; Systems of Records

AGENCY: Criminal Division, 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, 5 U.S.C. 552a, and Office 
of Management and Budget (OMB) Circular No. A-130, notice is hereby 
given that the Criminal Division (CRM), a component within the United 
States Department of Justice (Department or DOJ), is establishing a new 
system of records as noted below to process applications filed by 
individuals seeking compensation from the United States Victims of 
State Sponsored Terrorism Fund.

DATES: In accordance with 5 U.S.C. 552a(e)(4) and (11), this system of 
records notice will become effective upon publication, subject to a 30-
day comment period for the routine uses claimed in the ``ROUTINE USES 
OF RECORDS MAINTAINED IN THE SYSTEM'' section of this systems of 
records notice. Therefore, please submit any comments regarding the 
described routine uses by August 15, 2016.

ADDRESSES: The public, OMB, and Congress are invited to submit any 
comments to the Department of Justice, ATTN: Privacy Analyst, Office of 
Privacy and Civil Liberties, Department of Justice, National Place 
Building, 1331 Pennsylvania Avenue NW., Suite 1000, Washington, DC 
20530, or by facsimile at 202-307-0693. To ensure proper handling, 
please reference the above-listed CPCLO Order No. on your 
correspondence.

FOR FURTHER INFORMATION CONTACT: Amanda Marchand Jones, Chief, FOIA/PA 
Unit, Criminal Division, Suite 1127 Keeney Building, NW., Washington, 
DC 20530, or by facsimile at 202-514-6117.

SUPPLEMENTARY INFORMATION: The Justice for United States Victims of 
State Sponsored Terrorism Act (Act), passed as part of the Consolidated 
Appropriations Act of 2016, Public Law 114-113, mandated the 
establishment of the United States Victims of State Sponsored Terrorism 
Fund (Fund). Pursuant to the Act, the Fund may

[[Page 45540]]

compensate eligible United States persons who (1) hold a final judgment 
issued by a United States district court awarding the applicant 
compensatory damages arising from acts of international terrorism for 
which a foreign state sponsor of terrorism was found not immune from 
the jurisdiction of the courts of the United States under the Foreign 
Sovereign Immunities Act; or (2) were taken and held hostage from the 
United States Embassy in Tehran, Iran, during the period beginning 
November 4, 1979, and ending January 20, 1981, or are spouses and 
children of these hostages, if also identified as a member of the 
proposed class in case number 1:00-CV-03110 (EGS) of the United States 
District Court for the District of Columbia. In order to establish 
eligibility for compensation, claimants must provide sufficient 
information for a determination by the Special Master for the USVSST 
Fund, of whether they are eligible, and if so, what amount of 
compensation. The Act also mandates collection of information regarding 
other sources of compensation related to the judgment which may modify 
the amount of compensation. This system of records is being established 
to enable the prompt adjudication of these claims.
    Elsewhere in the Federal Register, the Department has provided the 
eligibility requirements and procedures for the submission and 
consideration of applications to the Fund. More detailed information 
regarding the Fund, including answers to frequently asked questions, is 
available on the U.S. Victims of State Sponsored Terrorism Web site at 
www.usvsst.com.
    In accordance with 5 U.S.C. 552a(r), the Department is providing a 
report to OMB and Congress on the new systems of records.

    Dated: July 8, 2016.
Erika Brown Lee,
Chief Privacy and Civil Liberties Officer, United States Department of 
Justice.
Justice/CRM-029

SYSTEM NAME:
    United States Victims of State Sponsored Terrorism Fund (USVSSTF) 
File System.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    Records in this system are located at: U.S. Department of Justice, 
Criminal Division, 950 Pennsylvania Avenue NW., Washington, DC 20530; 
Federal Records Center, Suitland, MD 20409, 5151 Blazer Parkway, Suite 
A, Dublin, OH 43017; and 1985 Marcus Avenue, Suite 200, Lake Success, 
NY 11042.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    The system covers: Those individuals claiming eligibility for 
compensation from the United States Victims of State Sponsored 
Terrorism Fund, including the personal representative of any decedent's 
estate, or legal counsel representing the claimant; and those DOJ 
employees, including contractors, that are administering, assessing, 
and adjudicating the claims.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Application forms filed by or on behalf of claimants seeking 
benefits under the Fund; documentation submitted in support of claims; 
legal, personal, financial, insurance, tax, and other records obtained 
or generated to assess, adjudicate, and pay claims.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Justice for United States Victims of State Sponsored Terrorism Act, 
enacted into law as Title IV, Division O, section 404 of the 
Consolidated Appropriations Act, 2016, Public Law 114-113, codified at 
42 U.S.C. 10609 (2015).

PURPOSE(S):
    These records are collected or generated for the purpose of 
determining eligibility of and compensation to claimants under the 
United States Victims of State Sponsored Terrorism Act.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    A record maintained in this system of records may be disseminated 
as a routine use of records as follows:
    (a) To the Department of Treasury to ensure that any recipients of 
federal payments who also owe delinquent federal debts have their 
payment offset or withheld or reduced to satisfy the debt.
    (b) 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.
    (c) In an appropriate proceeding before a court, grand jury, or 
administrative or adjudicative body, when the Department of Justice 
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.
    (d) To an actual or potential party to litigation or the party's 
authorized representative for the purpose of negotiation or discussion 
of such matters as settlement, plea bargaining, or in informal 
discovery proceedings.
    (e) To the news media and the public, including disclosures 
pursuant to 28 CFR 50.2, unless it is determined that release of the 
specific information in the context of a particular case would 
constitute an unwarranted invasion of personal privacy.
    (f) 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 an agency function related to this system of 
records.
    (g) To a former employee of the Department for purposes of: 
Responding to an official inquiry by a federal, state, or local 
government entity or professional licensing authority, in accordance 
with applicable Department regulations; or facilitating communications 
with a former employee that may be necessary for personnel-related or 
other official purposes where the Department requires information and/
or consultation assistance from the former employee regarding a matter 
within that person's former area of responsibility.
    (h) 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.
    (i) To appropriate agencies, entities, and persons when (1) the 
Department suspects or has confirmed that the security or 
confidentiality of information in the system of records has been 
compromised; (2) the Department 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 Department 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 Department's efforts to respond to the suspected or

[[Page 45541]]

confirmed compromise and prevent, minimize, or remedy such harm.
    (j) 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.

DISCLOSURE TO CONSUMER REPORTING AGENCIES:
    None.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    Records are maintained in a hard-copy, paper format in filing 
cabinets in a secure room. Electronic data is stored in electronic 
media via a configuration of client/servers and personal computers. 
Records are stored in accordance with applicable executive orders, 
statutes, and agency implementing regulations.

RETRIEVABILITY:
    Files and automated data are retrieved by name of a claimant, the 
personal representative, or legal counsel of a claimant, claim number, 
Social Security Number and/or Tax Identification Number.

SAFEGUARDS:
    Information in this system is maintained in accordance with 
applicable laws, rules, and policies on protecting individual privacy. 
Access to the servers storing electronic data and the backup tapes is 
controlled by a card-key security system with access provided only to 
appropriate personnel. Backup tapes stored offsite are maintained in 
accordance with a government contract that requires adherence to 
applicable laws, rules, and policies on protecting individual privacy. 
Internet connections are protected by multiple firewalls. Security 
personnel conduct periodic vulnerability scans to ensure security 
compliance and access reviews are conducted on a regular basis. User 
access requires two factor RSA authentication and user access is 
determined by the minimal amount of user authorization necessary to 
complete their job. Paper records are maintained in a secure room.

RETENTION AND DISPOSAL:
    Records are to be retained and disposed of in accordance with 
agency retention plans.

SYSTEM MANAGER(S) AND ADDRESS:
    Assistant Attorney General, Criminal Division, U.S. Department of 
Justice, 950 Pennsylvania Avenue NW., Washington, DC 20503-0001.

NOTIFICATION PROCEDURE:
    Same as ``RECORD ACCESS PROCEDURES,'' below.

RECORD ACCESS PROCEDURES:
    All requests for access must be in writing and should be addressed 
to: Chief, FOIA/PA Unit, Criminal Division, Department of Justice, 950 
Pennsylvania Avenue NW., Washington, DC 20530-0001 or 
[email protected]. The communication should be clearly marked 
``Privacy Act Access Request.'' The request should include a general 
description of the records sought and must include the requester's full 
name, current address, and date and place of birth. The request must be 
signed and either notarized or submitted under penalty of perjury.
    Although no specific form is required, you may obtain forms for 
this purpose from the FOIA/Privacy Act Mail Referral Unit, Justice 
Management Division, United States Department of Justice, 950 
Pennsylvania Avenue NW., Washington, DC 20530-0001, or on the 
Department of Justice Web site at http://www.justice.gov/oip/oip-request.html.

CONTESTING RECORD PROCEDURES:
    Individuals seeking to contest or amend information maintained in 
the system should direct their requests to the address indicated in the 
``RECORD ACCESS PROCEDURES'' section, above, stating clearly and 
concisely what information is being contested, the reasons for 
contesting it, and the proposed amendment to the information sought. 
The communication should be clearly marked ``Privacy Act Amendment 
Request.''

RECORD SOURCE CATEGORIES:
    Individuals or entities having information pertinent to the 
adjudication of compensation claims, including but not limited to: 
Injured individuals; personal representatives of deceased individuals; 
eligible claimants; family members; physicians and other medical 
professionals, hospitals, and clinics; insurers, employers, and their 
agents and representatives.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    None.

[FR Doc. 2016-16670 Filed 7-13-16; 8:45 am]
BILLING CODE 4410-14-P