The rules in this part are promulgated pursuant to the provisions of the Act of July 4, 1966, P.L. 89-487, 80 Stat. 250, 5 U.S.C. 1002, which amended section 3 of the Administrative Procedure Act (60 Stat. 238) so as to clarify and protect the right of the public to information. The following sections describe the organization of the Board; the places where, and methods whereby information may be secured or submittals or requests made; the general course and method by which the Board's functions are channeled and determined; and, the procedures governing the availability of the opinions, orders, and records of the Board. § 202.2 Organization and functions.

(a) The Board is an independent agency composed of five members appointed by the President and confirmed by the Senate for terms of 5 years. The Chairman of the Board is designated by the President. The Board is assisted by a staff which includes attorneys, clerks, and stenographers. In addition, the Board uses hearing examiners appointed in accordance with the provisions of 5 U.S.C. 3105 to conduct hearings in assigned cases. The organization and functions of the Board are prescribed in sections 12, 13 (c) and (d), and 16 of the Subversive Activities Control Act of 1950, as amended. 64 Stat. 987, 68 Stat. 775, 50 U.S.C. 781 et seq.

(b) (1) The Board, on petition of the Attorney General, conducts hearings and determines whether any organization is a "Communist-action organization" or a

"Communist-front organization” or a "Communist-infiltrated organization" as those terms are defined in the Subversive Activities Control Act of 1950, as amended, and whether any individual is a member of any Communist-action organization. Any organization or individual once having come within the provisions of the Act may, pursuant to prescribed statutory conditions, file with the Board a petition for appropriate relief. The Board does not conduct investigations nor initiate proceedings itself.

(2) Following hearings the Board issues written findings of fact (designated as the "Report of the Board") and its findings are accompanied by an appropriate order. Decisions and orders of the Board may be taken by the parties aggrieved to the U.S. Court of Appeals for the District of Columbia for judicial review and, upon certiorari, to the Supreme Court of the United States. When an appeal is taken the order of the Board does not become final unless affirmed by the courts or the appeal is dismissed by the courts.

(3) All pleadings and other papers in proceedings before the Board may be "filed" by mail addressed to the Board or by delivery in person. (See § 202.3.) Proceedings are governed by the Board's published rules of procedure. (See § 202.5(a).) The Board maintains a docket giving the chronology of each proceeding. The dockets are available for inspection at the office of the Board. § 202.3

Offices.

The office of the Board is located in the Lafayette Building, 811 Vermont Avenue NW., Washington, D.C. 20445. The office is open to the public from 9 a.m. to 5 p.m., Mondays through Fridays with the exception of holidays. The Board does not maintain any field offices. The Board provides a reading room or reading area where records covered by this part will be made available. In addition, there are available in the public reading room copies of the Subversive Activities Control Act of 1950 and of the various amendments thereof, a copy of Title 50 of the United States Code, and a copy of this Title 28 of the Code of Federal Regulations.

§ 202.4 Requests, generally.

Requests for inspection or copying of records may be made in person or by mail to the clerk of the Board. Those visiting the Board in person should go to the Reception Room which is appropriately marked. Telephone inquiries or requests may be made by calling Washington, D.C., number 382-6224 (Area Code 202). Collect calls cannot be accepted. Written requests for information should be addressed to the Clerk, Subversive Activities Control Board at the address given in § 202.3. Where a request is for materials of which copies are not otherwise available and reproductions must be made or where a search is necessary to locate records, the person making the request must pay the costs thereof in advance. The Board maintains a schedule of current costs for reproductions and record searching, and copies of the schedule may be obtained on request. An additional charge as set forth in the schedule is made for certified copies.

§ 202.5

Generally available material.

(a) Rules of procedure: The Board's rules of procedure, which govern proceedings before the Board, are published in the FEDERAL REGISTER and in this Title 28, Chapter II, of the Code of Federal Regulations. Copies may be obtained from the Board on request. Copies are free to parties and their representatives in proceedings in the Board. A charge as set forth in the schedule referred to in § 202.4 is payable by others.

(b) Precedent decisions and rulings: All final opinions (including concurring and dissenting opinions) and all orders made in the adjudication of cases, and all intermediate or other rulings which may have precedential value are published periodically in bound volumes entitled "Reports of the Subversive Activities Control Board." Volumes I through IV cover the period from the inception of the Board to June 30, 1966. A separate volume entitled "Reports of the SACB, Index-Digest, Vols. I-IV" contains digests under appropriate topical headings of all rulings enunciated by the Board in the cases contained in the four volumes of the printed reports. These volumes and the index-digest may be purchased from the Superintendent of Documents, U.S. Government Printing Office, Wash

ington, D.C. 20402. They may be read at the office of the Board. Opinions, orders, and precedential rulings not yet contained in printed volumes, and a cumulative index, are available for inspection and copying at the Board's office.

(c) The pleadings, transcript of testimony, exhibits, and all other papers received in evidence or made a part of the record in Board proceedings (except material exempted under sec. 5 U.S.C. 552(b) and received in camera and sealed) are available at the office of the Board for inspection and copying. Copies of the transcripts of testimony when available from the official reporter must be purchased from the reporter at currently prevailing prices. Copies of other documents of record and of the transcripts of testimony when not available from the official reporter may be obtained subject to § 202.4. Where the Board has filed in a court a certified list of the record in a proceeding and the Board has retained the record as custodian for the court, no part of such record will be made available unless the person making the request first obtains the permission of the court for the Board to make such documents available.

(d) Annual report: The Board at the close of each fiscal year makes a report to the President and the Congress stating in detail the cases it has heard, the decisions it has rendered, and other information. The annual reports are available for inspection at the Board. Copies may be purchased from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402.

(e) Statements of policy, interpretations, manuals, instructions to the staff: The Board being a quasi-court and not having investigatory or enforcement functions has not made statements of policy or interpretations other than as are contained in the rulings, opinions, and orders covered by paragraph (b) of this section, nor has the Board issued any manuals or instructions to the staff that affect the public. If any statements of policy, interpretations, manuals, or instructions to the staff that affect the public should be issued subsequent to July 4, 1967, and are not part of the material described in paragraph (b) of this section, such will be made available with an accompanying index for inspection and copying at the office of the Board.

Criminal action suspends payment of accident compensation; does not bar payment to dependents.

Basis of computation.

Making claim.

301.8 Medical attention required subsequent to discharge. Beneficiaries.

301.9

301.10 Employment of attorneys.

AUTHORITY: The provisions of this Part 301 issued under sec. 1, 62 Stat. 852; 18 U.S.C. 4126.

SOURCE: The provisions of this Part 301 contained in authority, policies, and information regarding accident compensation to be paid inmates of Federal penal institutions for injuries sustained while employed by the Federal Prison Industries, Inc., Board of Directors, Jan. 1, 1937. Redesignated at 24 F.R. 4366, May 30, 1959.

§ 301.1 Inmate's regular wage paid in lieu of accident compensation while incarcerated.

No accident compensation will be paid to an inmate when injured while such inmate remains in the institution. However, except in special cases, the inmate's regular compensation will be paid to him and charged to the operations of the industry in which the injury was sustained. § 301.2

When paid to inmate.

Accident compensation will be paid to such injured inmates as are totally, or partially disabled at the time of their discharge from the institution, beginning the first of the following month succeed

ing the date of their discharge, or approval of claim.

§ 301.3 Method of payment.

Accident compensation will be paid only in monthly installments and will not be paid in a lump sum except in exceptional cases, where it is shown clearly that such payment will furnish the means of self support of the inmate and his family.

§ 301.4

Negligence estops.

No accident compensation will be paid when the injury was sustained willfully, or with intent to injure someone else, or by willful disregard of, or failure to use safety devices provided and available. § 301.5 Criminal action suspends payment of accident compensation; does not bar payment to dependents. Such accident compensation shall be paid only so long as the claimant shall conduct himself, or herself, in a lawful manner, and shall immediately cease upon conviction of any crime against the Federal Government, or any subdivision thereof, except the corporation may upon recommendation of the president of the corporation and approval of the Attorney General pay such compensation or any part of it to worthy dependents of such inmates, where it is deemed to be in the public interest.

§ 301.6 Basis of computation.

The per capita cost of operation of the institution in which the inmate is confined shall be the value of subsistence and quarters which shall be added to the cash compensation paid inmates to arrive at the monthly compensation as a base for the computation of the amount of accident compensation payable.