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.

For the purpose of this part: (a) The term "agency" includes any executive department, military department, government corporation, government controlled corporation, or 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

Commission pursuant to statutory time limitations.

§ 504.8 Appeals from denial of request for amendment to records.

(a) An individual whose request to amendment of a record pertaining to him is denied, may further request a review of such determination in accordance with paragraph (b) of this section.

(b) Not later than 30 days (excluding Saturdays, Sundays, and legal public holidays) from the date on which the individual requests such review, the Chairman of the Commission or an officer designated by the Chairman to act in his absence shall complete such review and make a final determination unless, for good cause shown, the Chairman of the Commission or an officer designated by the Chairman to act in his absence extends such 30-day period.

(c) Such request shall be addressed to the Chairman, Foreign Claims Settlement Commission, 1111 20th Street, NW., Washington, D.C. 20579, and shall specify the reasons for which the refusal to amend is challenged.

(d) Upon appeal from a denial to amend a record, the Chairman of the Commission or the officer designated by the Chairman to act in his absence, shall make a determination whether or not to amend the record and shall notify the individual of that determination by certified mail return receipt requested not later than 30 days (excluding Saturdays, Sundays, and legal holidays) after receipt of such appeal, unless extended pursuant to paragraph (g) of this section.

(e) The Chairman or the officer designated by the Chairman to act in his absence shall also notify the individual of the provisions of 5 U.S.C. 552a(g)(1)(A) regarding judicial review of the Chairman's or the officer's determination.

(f) If on appeal the refusal to amend the record is upheld, the Commission shall permit the individual to file a statement setting forth the reasons for his disagreement with the Chairman's or the officer's determination.

(g) The Chairman or the officer acting in his absence may extend up to 30 days the time prescribed in para

graph (d) of this section within which to make a determination on an appeal from refusal to amend a record for the reason that a fair and equitable review cannot be completed within the prescribed period.

§ 504.9 Fees.

(a) Fees to be charged, if any, to any individual for making copies of such individual's record, excluding the cost of any search for and review of the record will be as follows:

(1) Photocopy reproductions, each copy $0.05.

(2) Where the Commission undertakes to perform for a requestor for any other person services which are very clearly not required to be performed under the Privacy Act, either voluntarily or because such services are required by some other law, the question of charging fees for such services will be determined by the official or designee authorized to release the information, under the Federal user charge statute 31 U.S.C. 483a, any other applicable law, and the provisions of § 503.14 of Part 503 of the Commission's regulations.

§ 504.10 Exemptions.

No system of records maintained by the Foreign Claims Settlement Commission are exempt from the provisions of 5 U.S.C. 552a as permitted under certain conditions by 5 U.S.C. 552a (j) and (k). However the Chairman of the Commission reserves the right to promulgate rules in accordance with the requirements of 5 U.S.C. 553(b) (1), (2) and (3), (c) and (e) to exempt any system of records maintained by the Commission in accordance with the provisions of 5 U.S.C. 552a(k).

(a) The Commission shall publish in the FEDERAL REGISTER at least annually a notice of the existence and character of the system or systems of records which it maintains. Such notice shall include:

(1) The name and location of the system;

(2) The categories of individuals on whom records are maintained in the system;

(3) The categories of records maintained in the system;

(4) Each routine use of the records contained in the system including the categories of users and the purpose of each use;

(5) The policies and practices of the Commission regarding storage, retrievability, access controls, retention, and disposal of the records;

(6) The title and business address of the agency official who is responsible for the system of records;

(7) Commission procedures whereby an individual can be notified if the system of records contains a record pertaining to him.

(8) Commission procedures whereby an individual can be notified at his request how he can gain access to any record pertaining to him contained in the systems of records, and how he can contest its contents, and

(9) The categories of sources of records in the system.

or

Settlement Commission, headed by a collegial body composed of two more individual members, a majority of whom are appointed by the President with the advice and consent of the Senate, and any subdivision thereof authorized to act on behalf of the agency;

(b) The term "Commission" means the Foreign Claims Settlement Commission, which is a collegial body that functions as a unit composed of three individual members, appointed by the President with the advice and consent of the Senate;

(c) The term "member" means any one of the three members of the Commission;

(d) The term "meeting" means the deliberations of at least two (quorum) members of the Commission where such deliberations determine or result in joint conduct or disposition of official Commission business;

(e) The terms "closed meeting" and "closed portion of a meeting" mean, respectively, a meeting or that part of a meeting designated as provided in § 504.26 as closed to the public by reason of one or more of the closure provisions listed in § 504.24;

(f) The term "open" meeting means a meeting or portion of a meeting which is not a closed meeting or a closed portion of a meeting; and

(g) The term "public observation” means the right of any member of the public to attend and observe, but not participate or interfere in any way in an open meeting of the Commission within the limits of reasonable and comfortable accommodations made available for such purpose by the Foreign Claims Settlement Commission.

§ 504.21 Notice of public observation.

(a) A member of the public is not required to give advance notice to the Commission of an intention to exercise the right of public observation of an open meeting of the Commission. However, in order to permit the Commission to determine the amount of space and number of seats which must be made available to accommodate individuals who desire to exercise the right of public observation, such individuals are requested to give notice to