« PreviousContinue »
ability of the record is administratively final.
(d) The decision 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, United States Code.
8 503.12 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 which are specifically required by Executive Order to be kept secret in the interest of 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 constitutes 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) Inter-agency or intra-agency 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 Com. mission, written communications between the Commission and its staff 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 investiga. tors.
(f) Personnel and medical files and similar files, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.
(g) Records or information compiled for law enforcement purposes, but only to the extent that the production of such law enforcement records or information:
(1) Could reasonably be expected to interfere with enforcement proceedings;
(2) Would deprive a person of a right to a fair trial or an impartial adjudication;
(3) Could reasonably be expected to constitute an unwarranted invasion of personal privacy;
(4) Could reasonably be expected to disclose the identity of a confidential source, including a state, local or foreign agency or authority or any private institution which furnished information on a confidential basis and, in the case of a record or information compiled by a criminal law enforcement authority in the course of a criminal investigation, or by an agency conducting a lawful security intelligence investigation, information fur. nished by a confidential source;
(5) Would disclose techniques and procedures for law enforcement investigations or prosecutions if such disclosure could reasonably be expected to risk circumvention of the law; or
(6) Could reasonably be expected to endanger the life or physical safety of any individual.
8 503.13 Fees for services.
that is about current events or that The following provisions shall apply
would be of current interest to the in the assessment and collection of
public. A "freelance" journalist not ac- · fees for services rendered in processing
tually employed by a news organizarequests for disclosure of Commission
tion shall be eligible for inclusion records under this part.
under this category if such person can (a) Fee for duplication of records. demonstrate a solid basis for expecting $0.15 per page.
publication by a news organization. (b) Search and review fees. (1)
(3) Requests from educational and Searches for records by clerical per
non-commercial scientific institusonnel-$2.00 per quarter hour, includ tions-Where a request seeks discloing time spent searching for and copy
sure of records to an educational or ing any record.
non-commercial scientific institution, (2) Search for and review of records the requester shall be charged only for by professional and supervisory per the actual duplication cost of the sonnel-$5.50 per quarter hour spent records and only to the extent that searching for any record or reviewing the number of duplications exceeds a record to determine whether it may 100 pages; provided, however, that the be disclosed, including time spent in request must reasonably describe the copying any record.
records sought and it must appear (c) Certification and validation fee. that the records are to be used by the $1.00 for each certification, validation requester in furtherance of its educaor authentication of a copy of any tional or non-commercial scientific rerecord.
search programs. “Educational institu(d) Imposition of fees. (1) Commer tion” refers to a preschool, a public or cial use requests—Where a request ap private elementary or secondary pears to seek disclosure of records for school, or an institution of undergrada commercial use, the requester shall uate, graduate, professional or vocabe ch ed for the time spent by Com tional ed cation, which operates a promission personnel in searching for the gram or programs of scholarly rerequested record and in reviewing the search. “Non-commercial scientific inrecord to determine whether it should stitution” refers to an institution that be disclosed, and for the cost of each is not operated on a “commercial” page of duplication. “Commercial use" basis, within the meaning of parais defined as a use or purpose that fur graph (d)(1) of this section and which thers the commercial, trade or profit is operated solely for the purpose of interests of the requester or the conducting scientific research, the reperson on whose behalf the request is sults of which are not intended to promade. The request also must reason mote any particular product or indusably identify the records sought.
try. (2) Requests from representatives of (4) All other requests—Where a renews media-Where a request seeks quest seeks disclosure of records to a disclosure of records to a representa person or entity other than one tive of the news media, the requester coming within paragraphs (d) (1), (2) shall be charged only for the actual and (3) of this section, the requester duplication cost of the records and shall be charged the full cost of search only to the extent that the number of and duplication. However, the first duplications exceeds 100 pages; provid two hours of search time and the first ed, however, that the request must 100 pages of duplication shall be furreasonably describe the records nished without charge. sought, and it must appear that the (e) Aggregating of requests. If there records are for use by the requester in exists a solid basis for concluding that such person's capacity as a news media a requester or group of requesters has representative. “Representative of the submitted a series of partial requests news media” refers to any person ac for disclosure of records in an attempt tively gathering news for an entity to evade assessment of fees, the rethat is organized and operated to pub- quests may be aggregated so as to conlish or broadcast news to the public. stitute a single request, with fees The term "news" means information charged accordingly.
or activities of the government and is not primarily in the commercial interest of the requester; or
(2) It is determined that the cost of collection would be equal to or exceed the amount of such fees. No charges shall be assessed if such fees amount to $8.00 or less.
PART 504—PRIVACY ACT AND GOV.
ERNMENT IN THE SUNSHINE REGULATIONS
Subpart A-Privacy Act Regulations 504.1 Definitions Privacy Act. 504.2 General policies—Privacy Act. 504.3 Conditions of disclosure. 504.4 Accounting of certain disclosures. 504.5 Access to records or information 504.6 Determination of requests for access
to records. 504.7 Amendment of a record. 504.8 Appeals from denial of requests for
amendment to records. 504.9 Fees. 504.10 Exemptions. 504.11 Reports. 504.12 Notices.
(f) Unsuccessful searches. Except as provided in paragraph (d) of this section, the cost of searching for a requested record shall be charged even if the search fails to locate such record or it is determined that the record is exempt from disclosure.
(g) Interest. In the event a requester fails to remit payment of fees charged for processing a request under this part within 30 days from the date such fees were billed, interest on such fees may be assessed beginning on the 31st day after the billing date, to be calculated at the rate prescribed in section 3717 of Title 31, United States Code.
(h) Advance payments. (1) If, but only if, it is estimated or determined that processing of a request for disclosure of records will result in a charge of fees of more than $250.00, the requester may be required to pay the fees in advance in order to obtain completion of such processing.
(2) If a requester has previously failed to make timely payment (i.e., within 30 days of billing date) of fees charged under this part, the requester may be required to pay such fees and interest accrued thereon, and to make an advance payment of the full amount of estimated fees chargeable in connection with any pending or new request, in order to obtain processing of such pending or new request.
(3) With regard to any request coming within paragraphs (h) (1) and (2) of this section, the administrative time limits set forth in $$ 503.10 and 503.11 of this part will begin to run only after the requisite fee payments have been received.
(i) Non-payment. In the event of non-payment of billed charges for disclosure of records, the provisions of the Debt Collection Act of 1982 (Pub. L. 97-365), including disclosure to consumer credit reporting agencies and referral to collection agencies, may be utilized to obtain payment.
(j) Waiver or reduction of charges. Fees otherwise chargeable in connection with a request for disclosure of a record shall be waived or reduced where
(1) It is determined that disclosure is in the public interest because it is likely to contribute significantly to public understanding of the operations
Subpart B-Government in the Sunshine
504.20 Definitions. 504.21 Notice of public observation. 504.22 Scope of application. 504.23 Open meetings. 504.24 Grounds for closing a meeting. 504.25 Announcement of meetings. 504.26 Procedures for closing of meetings. 504.27 Reconsideration of opening or clos
ing, or rescheduling a meeting. 504.28 Record of closed meetings, or closed
portion of a meeting. 504.29 Requests for information.
SOURCE: 52 FR 17565, May 11, 1987, unless otherwise noted.
Subpart A-Privacy Act Regulations
AUTHORITY: 5 U.S.C. 552a(f).
8 504.1 Definitions Privacy Act.
For the purpose of this part:
“Agency” includes any executive department, military department, government corporation, government controlled corporation, or other establishment in the executive branch of the government (including the Executive Office of the President) or any inde
pendent regulatory agency. The Foreign Claims Settlement Commission (“Commission") is an "agency” within the meaning of the term.
"Individual” means a citizen of the United States or an alien lawfully admitted for permanent residence.
"Maintain" includes maintain, collect, use or disseminate.
“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.
"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.
“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.
"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.
made available for another purpose without the individual's consent.
(c) Permit an individual to gain access to information pertaining to such individual in 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 use for such exemption has been determined in accordance with specific statutory authority.
8 504.3 Conditions of disclosure.
The Commission will not disclose any record contained in a system of records by any means com unication 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 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, 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
8 504.2 General policies—Privacy Act.
The 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 Commission.
(b) Permit an individual to prevent & record pertaining to such individual obtained by the Commission for a particular purpose from being used or
(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.
evaluation 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 ciminal 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 that official's authorized representatives, in the course of the performance of the duties of the General Accounting Office; or
(k) Pursuant to the order of a court of competent jurisdiction.
8 504.5 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 information in person shall appear in person at the offices of the Foreign Claims Settlement Commission, 1111 20th Street, NW., Room 400, Washington, DC., between the hours of 8:30 a.m. and 5 p.m., Monday through Friday, and
(1) Provide information sufficient to identify the record, e.g., the individual's own name, claim and decision number, date and place of birth, etc.;
(2) Provide identification to verify the individual's identity, e.g., driver's license, identification Medicare card; and
(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, advance notification of the election shall be required along with 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 Administrative Officer (Privacy Officer), Foreign Claims Settlement Commission, 1111 20th Street, NW., Washington, DC 20579, and shall provide infor
8 504.4 Accounting of certain disclosures.
(a) Except for disclosures under $ 504.3 (a) and (b) of this part, the Administrative Officer shall keep an accurate accounting of each disclosure of 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 jursidiction under $ 504.3(g) of this part, the Administrative Officer 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 Administrative Officer shall inform any person or other agency about any correction or notation of dispute made in accordance with $ 504.7 of this part of any record that has been disclosed to the person or agency if an accounting of the disclosure was made.