Privacy of Claims Information

(a)Information provided by the United States government to the Government of Guam concerning the identity of war survivors, decedents, and their application for war claims shall be protected and shall not be part of the public record. An application for war claims shall include, but not be limited to, any Statement of Claim, material(s), document(s), form(s), photograph(s), recording(s), written testimony(s), and information submitted relating to or in support of a claim.

(b)Information concerning the identity of war survivors, decedents and their application for war claims shall be protected and shall not be part of the public record unless waived by the compensable Guam victim or spouse of a compensable Guam decedent. An application for war claims shall include, but not be limited to, any Statement of Claim, material(s), document(s), form(s), photograph(s), recording(s), written testimony(s), and information submitted relating to or in support of a claim. In the case of a compensable Guam decedent whose spouse is not living as of the date of enactment of this Act, and who had one

(1)or more living children, such child or children may elect to waive confidentiality by unanimous vote under this Section.

(c)The Adjudication Committee is authorized to collect the information requested in Exhibit A, Statement of Claim form; Exhibit B, Beneficiary Designation form; and Exhibit D, Electronic Fund Transfer form or information requested at any other time regarding a claim, under U.S. Public Law 114328, Public Law 36-062, or Article 13.3 of Chapter 1, Title 5, Guam Code Annotated. The information collected shall be used to enable the Committee to carry out its statutory responsibility to determine the validity and amount of the claims submitted to it under Public Law 36-062 or Article 13.3 of Chapter 1, Title 5, Guam Code Annotated. Furnishing the requested information to the Committee is voluntary; however, failure to provide such information may result in either a delay in adjudication or denial of the claim. Information collected may be disclosed only:

(1)to the Department of Administration Division of Accounting in connection with the payment of claims;

(2)to contractors, grantees, experts, consultants, students, and others performing or working on a contract, service, grant, cooperative agreement, or other assignment for the Government of Guam, when necessary to accomplish an agency function related to their system of records;

(3)to a Member of I Liheslatura or staff acting upon the Member's behalf, when the Member is requesting information on behalf of the individual who is the subject of the information requested; CH. 1 OFFICE OF I MAGA’HÅGA/MAGA’LÅHI [THE GOVERNOR]

(4)where a record, either alone or in conjunction with other information, indicates a violation or potential violation of law that is 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;

(5)in an appropriate proceeding before the Committee, or before a court, grand jury, or administrative or adjudicative body, when the Committee 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; or

(6)to the Office of Public Accountability for auditing purposes.

(d)All agents implementing this Chapter shall undergo disclosure and confidentiality training and shall be in compliance with Guam law.