« PreviousContinue »
dure in paragraph (b) of this section ex within 30 days of receipt of the denial. cept those records described under The statement shall be included in the paragraph (d) of this section.
system of records in which the disputed (b) After inspection by an individual record is maintained and shall be of a record pertaining to such individ marked so as to indicate (1) that a ual, he or she may file a written re statement of disagreement has been quest, presented in person or by mail, filed, and (2) where in the system of with the Administrative Officer, for an records the statement may be found. amendment to a record. Such request shall specify the particular portions of $504.9 Fees. the record to be amended, the desired Fees to be charged, if any, to any inamendments and the reasons therefor. dividual for making copies of such indi
(c) Not later than 10 days (excluding vidual's record excluding the cost of Saturdays, Sundays, and legal holi- any search for and review of the record days) after the receipt of a request shall be as follows: made in accordance with this section (a) Photocopy reproductions, each to amend a record in whole or in part, copy $0.15. the Administrative Officer shall:
(b) Where the Commission under(1) Make any correction of any por takes to perform for a requester, or tion of the record which the individual any other person, services which are believes is not accurate, relevant, clearly not required to be performed timely or complete and thereafter in under the Privacy Act, either volunform the individual of such correction; tarily or because such services are reor
quired by some other law, the question (2) Inform the individual, by certified of charging fees for such services shall mail return receipt requested, of the be determined by the official or desrefusal to amend such record, setting ignee authorized to release the inforforth the reasons therefor, and notify mation, under the Federal user charge the individual of the right to appeal statute, 31 U.S.C. 583a, any other applithat determination as provided under cable law, and the provisions of $503.13 8504.8 of this part.
of part 503 of the Commission's regula(d) The provisions for amending tions. records do not permit the alteration of evidence presented in the course of
8504.10 Exemptions. Commission proceedings in the adju- No system of records maintained by dication of claims, nor do they permit the Foreign Claims Settlement Comcollateral attack upon what has al mission is exempt from the provisions ready been subject to final agency ac- of 5 U.S.C. 552a as permitted under certion in the adjudication of claims in tain conditions by 5 U.S.C. 552a (j) and programs previously completed by the (k). However, the Chairman of the Commission pursuant to statutory Commission reserves the right to protime limitations.
mulgate rules in accordance with the
requirements of 5 U.S.C. 553(b) (1), (2) 8504.8 Appeals from denial of requests
and (3), (c) and (e) to exempt any sysfor amendment to records.
tem of records maintained by the Com(a) An individual whose request for mission in accordance with the proviamendment of a record pertaining to sions of 5 U.S.C. 552a(k). such individual is denied may request a review of such determination. Such re- 8504.11 Reports. quest shall be addressed to the Chair (a) The Administrative Officer or desman of the Commission, and shall ignee shall provide adequate advance specify the reasons for which the re notice to Congress and the Office of fusal to amend is challenged.
Management and Budget of any pro(b) If on appeal the refusal to amend posal to establish or alter any Commisthe record is upheld, the Commission sion system of records, as required by 5 shall permit the individual to file a U.S.C. 552a(o). statement setting forth the reasons for (b) If at any time a system of records disagreement with the determination. maintained by the Commission is deThe statement must also be submitted termined to be exempt from the appli
cation of 5 U.S.C. 552a in accordance thereof authorized to act on behalf of with the provisions of 5 U.S.C. 552a (j) the agency; and (k), the number of records con Closed meeting and closed portion of a tained in such system shall be sepa- meeting mean, respectively, a meeting rately listed and reported to the Office or that part of a meeting designated as of Management and Budget.
provided in $504,27 as closed to the pub
lic by reason of one or more of the clo8504.12 Notices.
sure provisions listed in $504.24. The Commission shall publish in the Commission means the Foreign Claims FEDERAL REGISTER at least annually a Settlement Commission, which is a notice of the existence and character of collegial body that functions as a unit the systems of records which it main composed of three individual members, tains. Such notice shall include:
appointed by the President with the (a) The name and location of each advice and consent of the Senate. system;
Meeting means the deliberations of at (b) The categories of individuals on least two (quorum) members of the whom the records are maintained in Commission where such deliberations each system;
determine or result in joint conduct or (c) The categories of records main disposition of official Commission busitained in each system;
ness. (d) Each routine use of the records Member means any one of the three contained in each system including the members of the Commission. categories of users and the purpose of Open meeting means a meeting or poreach use;
tion of a meeting which is not a closed (e) The policies and practices of the meeting or a closed portion of a meetCommission regarding storage, retrievability, access controls, reten Public observation means the right of tion, and disposal of the records;
any member of the public to attend and (1) The title and business address of observe, but not participate or interthe agency official who is responsible fere in any way, in an open meeting of for each system of records;
the Commission within the limits of (8) Commission procedures whereby reasonable and comfortable accoman individual can be notified if a sys modations made available for such purtem of records contains a record per pose by the Commission. taining to such individual;
(h) Commission procedures whereby 8504.21 Notice of public observation. an individual can be notified how to (a) A member of the public is not regain access to any record pertaining to quired to give advance notice of an insuch individual contained in a system tention to exercise the right of public of records, and how to contest its con observation of an open meeting of the tent, and
Commission. However, in order to per(i) The categories of sources of mit the Commission to determine the records in each system.
amount of space and number of seats
which must be made available to acSubpart B-Government in the commodate individuals who desire to Sunshine Regulations
exercise the right of public observa
tion, such individuals are requested to AUTHORITY: 5 U.S.C. 552b.
give notice to the Commission at least
two business days before the start of 8504.20 Definitions.
the open meeting of the intention to For purposes of this part: Agency exercise such right. means any agency, as defined in 5 (b) Notice of intention to exercise the U.S.C. 552b(e), which includes the For right of public observation may be eign Claims Settlement Commission, given in writing, in person, or by teleheaded by a collegial body composed of phone to the official designated in two or more individual members, a ma- 8504.29 jority of whom are appointed by the (c) Individuals who have not given President with the advice and consent advance notice of intention to exercise of the Senate, and any subdivision the right of public observation will not
be permitted to attend and observe the (6) Disclose information of a personal open meeting of the Commission if the nature where disclosure would conavailable space and seating are nec- stitute a clearly unwarranted invasion essary to accommodate individuals of personal privacy; who gave advance notice of such inten (7) Disclose investigatory records tion.
compiled for law enforcement purposes,
or information which if written would 8504.22 Scope of application.
be contained in such records, but only The provisions of this part 504, to the extent that the production of $8504.20 through 504.29, apply to meet- such records or information would (i) ings of the Commission, and do not interfere with enforcement proceedapply to conferences or other gather- ings, (ii) deprive a person of a right to ings of employees of the Commission a fair trial or an impartial adjudicawho meet or join with others, except at tion, (iii) constitute an unwarranted meetings of the Commission to delib- invasion of personal privacy, (iv) diserate on or conduct official agency close the identity of a confidential business.
source and, in the case of a record com
piled by a criminal law enforcement 8504.23 Open meetings.
authority in the course of a criminal Every meeting of the Commission investigation, or by an agency conductshall be open to public observation ex ing a lawful national security intelcept as provided in $ 504.24.
ligence investigation, confidential in
formation furnished only by the con8504.24 Grounds for closing a meeting. fidential source, (v) disclose investiga(a) Except in a case where the Com
tive techniques and procedures, or (vi) mission determines otherwise, a meet
endanger the life or physical safety of ing or portion of a meeting may be la
law enforcement personnel; closed to public observation where the (8) Disclose information contained in Commission determines that the meet
or related to exa.
or related to examination, operating, ing or portion of the meeting is likely or condition reports prepared by, on beto:
half of, or for the use of the Commis(1) Disclose matters that are (i) spe
sion; cifically authorized under criteria es- (9) Disclose information the pretablished by an Executive order to be mature disclosure of which would be kept secret in the interests of national likely to significantly frustrate impledefense or foreign policy and (ii) in fact mentation of a proposed action of the properly classified pursuant to such Commission, provided the Commission Executive order;
has not already disclosed to the public (2) Relate solely to the internal per the content or nature of its proposed sonnel rules and practices of the Com action, or is not required by law to mission;
make such disclosure on its own initia(3) Disclose matters specifically ex
tive prior to taking final action on empted from disclosure by statute such proposal; or (other than 5 U.S.C. 552) provided that (10) Specifically concern the Commissuch statute (i) requires that the mat- sion's issuance of a subpoena or the ters be withheld from the public in Commission's participation in a civil such a manner as to leave no discretion action or proceeding, an action in a on the issue, or (ii) establishes particu foreign court or international tribunal, lar criteria for withholding or refers to or an arbitration, or the initiation, particular types of matters to be with conduct, or disposition by the Commisheld;
sion of a particular case of formal (4) Disclose trade secrets and com agency adjudication pursuant to the mercial or financial information ob- procedures in section 554 of Title 5, tained from a person and privileged or United States Code, or otherwise inconfidential;
volve a determination on the record (5) Involve accusing any person of a after opportunity for a hearing. crime, or formally censuring any per- (b) If the Commission determines son;
that the public interest would require that a meeting to be open, it may nev (b) Within one day of any vote taken, ertheless so hold.
the Commission shall make publicly
available a written copy of such vote 8504.25 Announcement of meetings.
reflecting the vote of each member on (a) The Commission meets in its of the question and a full written explafices at 1111 20th Street, NW., Washing nation of its action closing the entire ton, DC, from time to time as an or portion of the meeting together with nounced by timely notice published in a list of all persons expected to attend the FEDERAL REGISTER.
the meeting and their affiliation. (b) At the earliest practicable time, (c) The Commission shall announce which is estimated to be not later than the time, place and subject matter of eight days before the beginning of a the meeting at least 8 days before the meeting of the Commission, the Com- meeting. mission shall make available for public (d) For every closed meeting, before inspection in its offices, and, if re such meeting is closed, the Commisquested, shall furnish by telephone or sion's Chairman shall publicly certify in writing, a notice of the subject mat that, the meeting may be closed to the ter of the meeting, except to the extent public, and shall state each relevant that such information is exempt from closure provision. A copy of such cerdisclosure under the provisions of tification, together with a statement 8504.24.
setting forth the time and place of the
meeting, and the persons present, shall 8 504.26 Procedures for closing of be retained by the Commission.
meetings. (a) The closing of a meeting shall 8504.27 Reconsideration of opening or occur when:
closing, or rescheduling a meeting. (1) A majority of the membership of The time or place of a Commission the Commission votes to take such ac- meeting may be changed following the tion. A separate vote of the Commis- public announcement only if the Comsion members shall be taken with re- mission publicly announces such spect to each Commission meeting a changes at the earliest practicable portion or portions of which are pro- time. The subject matter of a meeting, posed to be closed to the public pursu- or the determination of the Commisant to $ 504.24, or with respect to any sion to open or close a meeting, or porinformation which is proposed withheld tion of a meeting, to the public, may be under $504.24. A single vote may be changed following the public announcetaken with respect to a series of meet ment only if a majority of the Commisings, a portion or portions of which are sion members determines by a recorded proposed to be closed to the public, or vote that Commission business so rewith respect to any information con- quires and that no earlier announcecerning such series of meetings, so long ment of the changes was possible, and as each meeting in such series involves the Commission publicly announces the same particular matters and is such changes and the vote of each scheduled to be held no more than thir member upon such change at the earlity days after the initial meeting in est practicable time. such series. The vote of each Commission member participating in such vote
8504.28 Record of closed meetings, or shall be recorded and no proxies shall
closed portion of a meeting. be allowed.
(a) The Commission shall maintain a (2) Whenever any person whose inter- complete transcript or electronic reests may be directly affected by a por cording adequate to record fully the tion of a meeting requests that the proceedings of each closed meeting or Commission close such portion to the closed portion of a meeting, except public for any of the reasons referred that in the case of a meeting or portion to in 8504.24 (e), (f) or (g), the Commis of a meeting closed to the public pursusion upon request of any one of its ant to $ 504.24 (d), (h), or (j), the ComCommission members, shall take a re mission shall maintain either such corded vote, whether to close such por transcript, recording, or a detailed set tion of the meeting.
(b) Any minutes so maintained shall fully and clearly describe all matters discussed and shall provide a full and accurate summary of any actions taken, and the reasons therefor, including a description of each of the views expressed on any item and the record of any rollcall vote. All documents considered in connection with any action shall be identified in the minutes.
(c) The Commission shall promptly make available to the public, in its offices, the transcript, electronic recording, or minutes, of the discussion of any item on the agenda of a closed meeting, or closed portion of a meeting, except for such item or items of discussion which the Commission determines to contain information which may be withheld under $504.24. Copies of such transcript or minutes, or a transcription of such recording disclosing the identity of each speaker, shall be furnished to any person at the actual cost of duplication or transcription.
(d) The Commission shall maintain a complete verbatim copy of the tran
script, a complete copy of the minutes, or a complete electronic recording of each closed meeting or closed portion of a meeting for a period of two years after the date of such closed meeting or closed portion of a meeting.
(e) All actions required or permitted by this section to be undertaken by the Commission shall be by or under the authority of the Chairman of the Commission.
8 504.29 Requests for information.
Requests to the Commission for information about the time, place, and subject matter of a meeting, whether it or any portions thereof are closed to the public, and any requests for copies of the transcript or minutes or of a transcript of an electronic recording of a closed meeting, or closed portion of a meeting to the extent not exempt from disclosure by the provisions of 8504.24, shall be addressed to the Administrative Officer, Foreign Claims Settlement Commission, 1111 20th Street, NW., Washington, DC 20579, telephone 2022 653-6155.