and regulations as may be promulgated by that office, provided that the claimant qualifies under section 202(a) of the War Claims Act of 1948, as amended.

§ 580.6 Claims by corporation in excess of $10,000.

A statement under oath is required from corporations filing claims in excess of $10,000, disclosing the aggregate amount of Federal tax benefits derived by such corporation in any prior tax year or years resulting from any deduction or deductions claimed for the loss or losses with respect to which such claim is filed. Pursuant to the Act, such Federal tax benefits shall be the aggregate of the amounts by which the claimants' taxes for such year or years under chapters 1, 2A, 2B, 2D, and 2E of the Internal Revenue Code of 1939 (53 Stat. 4), or subtitle A of the Internal Revenue Code of 1954 (68A Stat. 4, 26 U.S.C. 1 et seq.) were decreased by reason of such loss or losses.

§ 580.7 Procedure for determination of claims.

The procedures set forth under § 531.5, Subchapter C of this chapter, shall be applicable to claims filed pursuant to Title II of the War Claims Act of 1948, as amended by Pub. L. 87846.

[30 FR 13870, Nov. 2, 1965]

§ 580.8 Hearings.

Hearings procedures as provided for under § 531.6, Subchapter C of this chapter, shall be applicable to claims under this subchapter.

PART 581-FILING OF PROTESTS AND PROCEDURES THEREFOR

Sec.

581.1 Time for filing.

581.2 Information required for filing protests.

581.3 Hearings.

AUTHORITY: Pub. L. 94-542.

SOURCE: 41 FR 49094, Nov. 8, 1976, unless otherwise noted.

§ 581.1 Time for filing.

Protests of United States nationals relating to awards made by the Commission during the 10 calendar days immediately preceding the May 17, 1967, expiration date of the Commission's authority to grant awards for war damage losses which occurred during World War II under the provisions of Pub. L. 87-846, approved October 22, 1962, which amended the War Claims Act of 1948, as amended, authorized by section 615 of Pub. L. 94542, approved October 18, 1976, shall be filed with the Commission on or before February 7, 1977.

§ 581.2 Information required for filing protests.

(a) No official form is required for filing a protest. Protests shall be filed, in writing, signed by the claimant or his legal representative. The protest shall include: (1) The name of the claimant as set forth in the Commission's decision issued on the claim under Pub. L. 87-846; (2) the claim number previously assigned by the Commission; (3) the grounds for the protest, amount of increase in the award requested, together with all documentation and legal argument which the claimant wishes the Commission to consider in determining the merits of the protest; (4) a specific request for a hearing, if desired.

(b) Notice to the Foreign Claims Settlement Commission, the Department of State, or any other governmental office or agency, prior to the enactment of the statute authorizing the protests referred to herein shall not be considered as a timely filing of a protest under Pub. L. 94-542.

§ 581.3 Hearings.

(a) Upon specific written request, made at the time of filing the protest, the Commission may grant the claimant a hearing for the presentation of oral testimony and argumentation in support of the protest.

(b) Hearings shall be held upon not less than seven days notice.

(c) Hearing procedures as provided for under § 531.6(b)-(d), Subchapter C of this chapter shall be applicable to protests under this subchapter.

(d) Hearings may be stenographically reported either at the request of the claimant or upon the discretion of the Commission. Claimants making such a request shall notify the Commission at the time of filing the protest. When a stenographic record of a hearing is ordered at the claimant's request, the

cost of such reporting and transcription is his responsibility.

(e) Subsequent to the hearing, if any, the Commission will issue a final determination on the protest within the remaining 30 days from the date of filing of the protest, and no appeal from such determination shall be granted.

§ 601.2 Classification authority.

Executive Order 12065 removed the Foundation's prior authority for original classification of national security information as "SECRET" and "CONFIDENTIAL". In any instance where a Foundation employee develops information that appears to warrant classification because of its national security character, the material will be afforded protection and sent to the Administrative Services Branch (ASB). Upon determination that classification is warranted, ASB will submit such material to the agency that has appropriate subject matter interest and classification authority.

§ 601.3 Security program.

The Chief, Administrative Services Branch, is responsible for conducting a security program that ensures effective implementation of Executive Order 12065, to include:

(a) Maintaining active training and orientation programs for employees

concerned with classified information or material.

(b) Encouraging Foundation personnel to challenge those classification decisions they believe to be improper.

(c) Issuing directives that ensure classified information is used, processed, stored, reproduced and transmitted only under conditions that will provide adequate protection and prevent access by unauthorized persons.

(d) Recommending to the Director appropriate administrative action to correct abuse or violation of any provision of these regulations, including notification by warning letters, formal reprimand, and to the extent permitted by law, suspension without pay and removal.

§ 601.4 Classification Review Committee.

The Security Officer (Information) chairs the Foundations's Classification Review Committee which has authority to act on all suggestions and complaints with respect to the Foundation's administration of the regulations. The Assistant Directors and the Heads of other offices reporting to the Director serve as members of the Committee. All suggestions and complaints including those regarding overclassification, failure to classify, or delay in declassifying not otherwise resolved, shall be referred to the Committee for resolution. The Committee shall establish procedures to review and act within 30 days upon all appeals regarding requests for declassification. The Committee is authorized to overrule previous determinations in whole or in part when in its judgement, continued protection is no longer required. If the Committee determines that continued classification is required under the criteria of the Executive Order, it shall promptly so notify the requester and advise him that he may file an application for review with the Foundation. In addition, the Committee shall review all appeals of requests for records under section 552 of Title 5 U.S.C. (Freedom of Information Act) when the proposed denial is based on their continued classification under Executive Order 12065.