propriate in the circumstances. The decision of the Executive Director or the General Counsel, as the case may be, as to the availability of the record is administratively final.

(d) The decision by the Executive Director, or the General Counsel, as the case may be, not to disclose a record under this part is considered to be a withholding for the purposes of section 552(a)(3) of Title 5, U.S.C.

(e) Any final decision by the Executive Director or his delegee not to disclose a record under this part is subject to concurrence by the General Counsel.

§ 503.12 Exemptions.

In the event any document or record requested hereunder shall contain material which is exempt from disclosure under this section, any reasonably segregable portion of such record shall, notwithstanding such fact, and to the extent feasible, be provided to any person requesting same, after deletion of the portions which are exempt under this section. Documents or records determined to be exempt from disclosure hereunder may nonetheless be provided upon request in the event it is determined that the provision of such document would not violate the public interest or the right of any person to whom such information may pertain, and the disclosure is not prohibited by law or Executive Order. The following categories of records are exempt from disclosure under the provisions of 5 U.S.C. 552(b):

(a) Records specifically required by Executive Order to be kept secret in the interest of the national defense or foreign policy and are in fact properly classified pursuant to such executive order. This exception may apply to records in the custody of the Commission which have been transmitted to the Commission by another agency which has designated the record as nonpublic under Executive Order.

(b) Records related solely to the internal personnel rules and practices of the Commission.

(c) Records specifically exempted from disclosure by statute.

(d) Information given in confidence. This includes information obtained by or given to the Commission which con

stitutes confidential commercial or financial information, privileged information, or other information which was given to the Commission in confidence or would not customarily be released by the person from whom it was obtained.

(e) Interagency or intraagency memoranda or letters which would not be available by law to a private party in litigation with the Commission. Such communications include interagency memoranda, drafts, staff memoranda transmitted to the Commission, written communications between the Commission, the Executive Director, and the General Counsel, regarding the preparation of Commission decisions, other documents received or generated in the process of issuing a decision, or regulation, and reports and other work papers of staff attorneys, accountants, and investigators.

(f) Personnel and medical files and similar files, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

(g) Investigatory files compiled for law enforcement purposes but only to the extent that the production of such records would (1) interfere with enforcement proceedings; (2) deprive a person of a right to a fair trial or an impartial adjudication; (3) constitute an unwarranted invasion of personal privacy; (4) disclose the identity of a confidential source and, in the case of a record compiled by a criminal law enforcement authority in the course of a criminal investigation, or by an agency conducting a lawful security intelligence investigation, confidential information furnished only by the confidential source; (5) disclose investigative techniques and procedure; or (6) endanger the life or physical safety of law enforcement personnel.

§ 503.14 Fees for services.

Unless otherwise waived by paragraphs (d) and (e) of this section, the following fees shall be imposed for the reproduction of any record disclosed pursuant to this part.

(a) Copying of records and documents. Twelve cents per copy for each page.

(b) Search fees. (1) Clerical searches. $1.25 for each quarter hour spent by clerical personnel searching for and producing a requested record or document, including time spent copying any record. (2) $3 for each one quarter hour spent by professional or supervisory personnel searching for and producing a requested record, including time spent copying any record.

(c) Certification and validation of records. $1 per certification or authentication.

(d) The Executive Director may reduce or waive payment of fees in whole or in part when he determines that such reduction or waiver is in the public interest because furnishing the information can be considered as primarily benefiting the general public, or unless the requester is a government agency or indigent.

(e) No fees will be charged (1) for time spent in examining the requested records for the purpose of determining whether an exemption can and should be asserted, (2) for time spent in deleting exempt matters being withheld from records to furnish, (3) for time spent in monitoring a requester's inspection of agency records made available to him in this manner, or (4) for records not found or determined to be totally exempt from disclosure.

(f) Payment of fees under this part should be made by check or money order payable to the Treasury of the United States.

(g) Unless the request for services where fees are chargeable under this part, specifically states that whatever cost is involved will be acceptable, or acceptable up to a specified limit that covers anticipated costs, a request that is expected to involve assessed fees in excess of $50 will not be deemed to have been received until the requester is advised promptly at the time of receipt of the request of the anticipated cost and agrees to bear it. When the anticipated fees exceed $50, a deposit of $25 must be made within 5 days of advising the requester of such costs.

(h) Transcripts of testimony and of oral argument taken by a private firm may be purchased directly from the reporting firm.

§ 504.1 General policies—Privacy Act.

The Foreign Claims Settlement Commission will protect the privacy of an individual identified in any information or record systems which it maintains. Accordingly, its officials and employees, except as otherwise provided by law or regulation, will:

(a) Permit an individual to determine what records pertaining to such individual are collected, maintained, used or disseminated by the Foreign Claims Settlement Commission.

(b) Permit an individual to prevent records pertaining to such individual obtained by the Foreign Claims Settlement Commission for a particular pur

pose from being used or made available for another purpose from being used or made available for another purpose without the individual's consent.

(c) Permit an individual to gain access to information pertaining to such individual in Foreign Claims Settlement Commission records, to have a copy made of all or any portion thereof, and to correct or amend such records.

(d) Collect, maintain, use, or disseminate any record of identifiable personal information in a manner that assures that such action is for a necessary and lawful purpose, that the information is current and accurate for its intended use, and that adequate safeguards are provided to prevent misuse of such information.

(e) Permit exemptions from record requirements provided under the Privacy Act only where an important public policy used for such exemption has been determinated in accordance with specific statutory authority.

[41 FR 19641, May 13, 1976, as amended at 42 FR 11010, Feb. 25, 1977]

§ 504.2 Definitions-Privacy Act.

or

For the purpose of this part: (a) The term “agency” includes any executive department, military department, government corporation, government controlled corporation, other establishments in the executive branch of the government (including the Executive Office of the President) or any independent regulatory agency. The Foreign Claims Settlement Commission (FCSC) is an "agency" within the meaning of the term.

(b) The Micronesian Claims Commission, created under the provisions of the Micronesian Claims Act of 1971, Pub. L. 92-39, 85 Stat. 92, under the control and direction of the Chairman of the Foreign Claims Settlement Commission, is deemed a component part of the FCSC, an "agency" defined under paragraph (a) of this section for the purposes of the Privacy Act.

(c) The term "individual" means a citizen of the United States or an alien lawfully admitted for permanent residence.

(d) The term "maintain" includes maintain, collect, use, or disseminate.

(e) The term "record" means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, an individual's education, financial transactions, medical history, and criminal or employment history, and that contains an individual's name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a finger or voice print or a photograph.

(f) The term "statistical record" means a record in a system of records maintained for statistical research or reporting purposes only and not used in whole or in part in making any determination about an identifiable individual except as provided by section 8 of Title 13, United States Code.

(g) The term "system of records" means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual.

(h) The term "routine use" means, with respect to the disclosure of a record, the use of such record for a purpose which is compatible with the purpose for which it was collected.

[41 FR 19641, May 13, 1976, as amended at 42 FR 11010, Feb. 25, 1977]

§ 504.3

Conditions of disclosure.

The Commission will not disclose any record contained in a system of records by any means of communication to any person or any other agency except by written request of or prior written consent of the individual to whom the record pertains unless such disclosure is:

(a) To those officers and employees of the Commission which maintains the record and who have a need for the record in the performance of their duties;

(b) Required under the Freedom of Information Act, 5 U.S.C. 552;

(c) For a routine use;

(d) To the Bureau of Census for purposes of planning or carrying out a census or survey or related activity under the provisions of Title 13 of the United States Code;

(e) To a recipient who has provided the Commission with adequate advance assurance that the record will be used solely as a statistical research or reporting record, and the record is to be transferred in a form that is not individually identifiable;

(f) To the National Archives of the United States as a record which has sufficient historical or other value to warrant its continued preservation by the United States Government or for evaluation by the Administrator of General Services or his designee to determine whether the record has such value;

(g) To another agency or to an instrumentality of any government jurisdiction within or under control of the United States for a civil or criminal law enforcement activity authorized by law, provided the head of the agency or instrumentality has made a prior written request to the Commission, specifying the particular record and the law enforcement activity for which it is sought;

(h) To a person pursuant to a showing of compelling circumstances affecting the health or safety of an individual if upon such disclosure notification is transmitted to the last known address of such individual;

(i) To either House of Congress, or, to the extent of matter within its jurisdiction, any committee or subcommittee thereof, any joint committee of Congress or subcommittee of any such joint committee;

(j) To the Comptroller General, or any of his authorized representatives, in the course of the performance of the duties of the General Accounting Office;

(k) Pursuant to the order of a court of competent jurisdiction.

§ 504.4 Accounting of certain disclosures.

(a) Except for disclosures under § 504.3 (a) and (b) of this part, the Executive Director shall keep an accurate accounting of each disclosure or a record to any person or to another agency made under § 504.3 (c), (d), (e), (f), (g), (h), (i), (j), and (k) of this part. (b) Except for a disclosure made to another agency or to an instrumentality of any governmental jurisdiction under § 504.3(g) of this part, the Ex

ecutive Director shall make the accounting as required under paragraph (a) of this section available to any individual upon written request made in accordance with § 504.5.

(c) The Executive Director shall inform any person or other agency about any correction or notation of dispute in accordance with § 504.7(d) of any record that has been disclosed to the person or agency if an accounting of the disclosure was made.

(d) An accounting of disclosures of records within this section shall consist of the date, nature, the purpose of each disclosure of a record to any person or to another agency, and the name and address of the person or agency to whom the disclosure is made.

(e) Such accounting shall be retained for 5 years or the life of the record, whichever is longer, after the disclosure for which the accounting is made.

§ 504.5 Access to records or information.

(a) Upon request in person or by mail, any individual shall be informed whether or not a system of records maintained by the Commission contains a record or information pertaining to such individual.

(b) Any individual requesting access to such record or information in person shall present himself at the Office of the Executive Director, Foreign Claims Settlement Commission, Vanguard Building, 4th Floor, 1111 20th Street, NW, Washington, DC, between the hours of 8:30 a.m. and 5 p.m., Monday through Friday, and

(1) Provide information sufficient in the opinion of the Executive Director to identify the record, e.g., the individual's own name, claim and decision number, date and place of birth, etc.;

(2) Provide identification acceptable to the Executive Director to verify the individual's identity, e.g., driver's license, identification or medicare card;

(3) Any individual requesting access to records or information pertaining to such individual may be accompanied by a person of the individual's own choosing while reviewing the record thereof. If an individual elects to be so accompanied, he shall notify the Ex

ecutive Director of such election in his request, and shall provide 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 such individual by mail, shall address such request to the Executive Director (Privacy Officer) Foreign Claims Settlement Commission, 1111 20th Street, NW., Washington, DC 20579, and shall provide information acceptable to the Executive Director to verify the individual's identity, e.g., claim and decision number, description of property loss, etc.

(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 such period, an acknowledgement will be sent to the individual within ten (10) days of receipt of the request (excluding Saturdays, Sundays, and legal holidays).

§ 504.6 Determination

access to records.

of requests for

(a) Upon request made in accordance with § 504.5, the Executive Director shall:

(1) Determine whether or not such request will be granted;

(2) Make such determination and provide notification within a reasonable period of time after receipt of such request.

(b) If access to a record is denied because information has been compiled by the Commission in reasonable anticipation of a civil or criminal action or proceeding, the Executive Director shall notify the individual of such determination and that such individual shall be apprised of the reason(s) for denial, and his right to judicial appeal under 5 U.S.C. 552a(g).

(c) If access to the record is granted, the individual making such request shall notify the Executive Director whether the records requested are to be copied and mailed to the individual.

(d) If records are to be made available for personal inspection, the individual shall arrange with the Execu

tive Director a mutually agreeable time and place for inspection of the record.

§ 504.7 Amendment of a record.

(a) Any individual may request amendment of a record pertaining to him according to the procedure in paragraph (b) of this section except those records described under paragraph (e) of this section.

(b) After inspection by an individual of a record pertaining to such individual, such individual may file a written request, presented in person or by mail, with the Executive Director for an amendment to a record. Such request shall specify the particular portions of the record to be amended, the desired amendments and the reasons therefor.

(c) Not later than 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 Executive Director shall:

(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 such record setting forth the reasons therefor, and notify the individual of his right to appeal that determination to the Chairman of the Commission under § 504.8 of this part.

(d) The Executive Director shall inform any person or other agency to whom a record or notation of dispute made by the Executive Director with respect to such records in accordance with § 504.4 of this part, referring to amendment of a record, if an accounting of such disclosure has been made.

(e) The provisions for amending records do not permit the alteration of 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