[Federal Register Volume 66, Number 190 (Monday, October 1, 2001)]
[Rules and Regulations]
[Pages 49844-49860]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-24399]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE

Foreign Claims Settlement Commission

45 CFR CH. V


Commission's Structures, Functions, Rules of Procedure, and 
Responsibilities

AGENCY: Foreign Claims Settlement Commission of the United States.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This rule revises and republishes the regulations of the 
Foreign Claims Settlement Commission of the United States (Commission), 
which describe the Commission's structure, functions, rules of 
procedure, and responsibilities under its authorizing statutes.

EFFECTIVE DATE: October 1, 2001.

FOR FURTHER INFORMATION CONTACT: David E. Bradley, Chief Counsel, 
Foreign Claims Settlement Commission, U.S. Department of Justice, 
Washington, DC 20579, (202) 616-6975.

SUPPLEMENTARY INFORMATION: The regulations of the Foreign Claims 
Settlement Commission of the United States are being revised and 
republished in order to improve their readability, update some of the 
information in them, and remove portions that are redundant or 
outdated.

Administrative Procedure Act

    This rule relates to matters of agency management and personnel 
and, therefore, is exempt from the usual requirements of prior notice 
and comment and a 30-day delay in effective date. See 5 U.S.C. 
553(a)(2).

Regulatory Flexibility Act

    The Chairman of the Commission, in accordance with the Regulatory 
Flexibility Act, 5 U.S.C. 605(b), has reviewed this rule and, by 
approving it, certifies that it will not have a significant economic 
impact on a substantial number of small entities because it pertains to 
personnel and administrative matters affecting the Commission. Further, 
a Regulatory Flexibility Analysis was not required to be prepared for 
this final rule because the Commission was not required to publish a 
general notice of proposed rulemaking for this matter.

Executive Order 12866

    This rule has been drafted and reviewed in accordance with 
Executive Order 12866, Regulatory Planning and Review, section 1(b), 
Principles of Regulation. This rule is limited to agency organization, 
management and personnel as described by Executive Order 12866 section 
(3)(d)(3) and, therefore, is not a ``regulation'' or ``rule'' as 
defined by that Executive Order. Accordingly, this rule has not been 
reviewed by the Office of Management and Budget.

Executive Order 13132

    This rule will not have substantial direct effects on the States, 
on the relationship between the national government and the States, or 
on the distribution of power and responsibilities among the various 
levels of government. Therefore, in accordance with Executive Order 
13132, Federalism, the Commission has determined that this rule does 
not have sufficient federalism implications to warrant the preparation 
of a federalism summary impact statement.

Executive Order 12988

    This regulation meets the applicable standards set forth in 
sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice 
Reform.

Unfunded Mandates Reform Act of 1995

    This rule will not result in the expenditure by State, local, and 
tribal governments, in the aggregate, or by the private sector, of $100 
million or more in any one year, and it will not significantly or 
uniquely affect small governments. Therefore, no actions were deemed 
necessary under the provisions of the Unfunded Mandates Reform Act of 
1995, 2 U.S.C. 1501.

Small Business Regulatory Enforcement Fairness Act of 1996

    This rule is not a major rule as defined by section 251 of the 
Small Business Regulatory Enforcement Fairness Act of 1996, 5 U.S.C. 
804. This rule will not result in an annual effect on the economy of 
$100 million or more; a major increase in costs or prices; or 
significant adverse effects on competition, employment, investment, 
productivity, innovation, or the ability of United States-based 
companies to compete with foreign-based companies in domestic and 
export markets.
    This action pertains to agency management, personnel, and 
organization and does not substantially affect the rights or 
obligations of non-agency parties. Accordingly, it is not a ``rule'' 
for purposes of the reporting requirement of 5 U.S.C. 801.

Plain Language Instructions

    We try to write clearly. If you can suggest how to improve the 
clarity of these regulations, call or write Commission Chief Counsel 
David E. Bradley at the address and telephone number listed above.

List of Subjects in 45 CFR Ch. V (Parts 500-509)

    Administrative practice and procedure, Conflict of interests, 
Foreign claims, Freedom of information, Lawyers, Organization and 
functions (Government agencies), Prisoners of war, Privacy, Sunshine 
Act, Vietnam, War claims.

    Accordingly, by virtue of the authority vested in me as Chairman of 
the Commission under 22 U.S.C. 1622e, Chapter V, consisting of parts 
500-509, of Title 45 of the Code of Federal Regulations is revised to 
read as follows:

Subchapter A--Rules of Practice

PART 500--APPEARANCE AND PRACTICE

Sec.
500.1   Appearance and representation.
500.2   Notice of entry or withdrawal of counsel in claims.
500.3   Fees.
500.4   Suspension of attorneys.
500.5   Standards of Conduct.
500.6   Disqualification of former employees.

    Authority: Sec. 2, Pub. L. 896, 80th Cong., 62 Stat. 1240, as 
amended (50 U.S.C. App. 2001); sec. 3, Pub. L. 455, 81st Cong., 64 
Stat. 12, as amended (22 U.S.C. 1622); 18 U.S.C. 207.


Sec. 500.1  Appearance and representation.

    (a) An individual may appear in his or her own behalf, or may be 
represented by an attorney at law admitted to practice in any State or 
Territory of the United States, or the District of Columbia.
    (b) A member of a partnership may represent the partnership.
    (c) A bona fide officer of a corporation, trust or association may 
represent the corporation, trust or association.
    (d) An officer or employee of the United States Department of 
Justice, when designated by the Attorney General of the United States, 
may represent the United States in a claim proceeding.

[[Page 49845]]

    (e) In cases falling within the purview of subchapter B of this 
chapter, persons designated by veterans', service, and other 
organizations to appear before the Commission in a representative 
capacity on behalf of claimants will be deemed duly authorized to 
practice before the Commission if the designating organization has 
received a letter of accreditation from the Commission. Petitions for 
accreditation must be in writing, executed by duly authorized officer 
or officers, and addressed to the Foreign Claims Settlement Commission 
of the United States, Washington, DC 20579. Upon receipt of a petition 
setting forth pertinent facts as to the organization's history, 
purpose, number of posts or chapters and their locations, approximate 
number of paid-up memberships, statements that the organization will 
not charge any fee for services rendered by its designees in behalf of 
claimants and that it will not refuse on the grounds of non-membership 
to represent any claimant who applies for representation if the 
claimant has an apparently valid claim, accompanied by a copy of the 
organization's constitution, or charter, by-laws, and its latest 
financial statement, the Commission in its discretion will consider and 
in appropriate cases issue or deny letters of accreditation.
    (f) A claimant may not be represented before the Commission except 
as authorized in paragraphs (a) through (e) of this section.


Sec. 500.2  Notice of entry or withdrawal of counsel in claims.

    (a) Counsel entering an appearance in a claim originally filed by a 
claimant in the claimant's own behalf, or upon request for a 
substitution of attorneys, will be required to file an authorization 
signed by the claimant.
    (b) When counsel seeks to withdraw from the prosecution of a claim, 
he or she will be required to demonstrate that the client (claimant) 
has been duly notified.
    (c) When a claimant advises the Commission that counsel no longer 
represents that claimant, a copy of the Commission's acknowledgment 
will be forwarded to that counsel.


Sec. 500.3  Fees.

    (a) The amount of attorney's fees that may be charged in connection 
with claims falling within the purview of title I of the International 
Claims Settlement Act of 1949, as amended (22 U.S.C. Sec. 1621-1627), 
is governed by the provisions of 22 U.S.C.1623(f).
    (b) The amount of attorney's fees that may be charged in connection 
with claims falling within the purview of subchapter B of this chapter 
is governed by the provisions of section 10 of the War Claims Act of 
1948, as amended (50 U.S.C. App. 2009).


Sec. 500.4  Suspension of attorneys.

    (a) The Commission may disqualify, or deny, temporarily or 
permanently, the privilege of appearing or practicing before it in any 
way to any person who is found after a hearing in the matter--
    (1) Not to possess the requisite qualifications to represent others 
before the Commission; or
    (2) To be lacking in character or integrity or to have engaged in 
unethical or improper professional conduct; or
    (3) To have violated sections 10 and 214 of the War Claims Act of 
1948, as amended, or section 4(f) of the International Claims 
Settlement Act of 1949, as amended.
    (b) Contemptuous or contumacious conduct at any hearing will be 
ground for exclusion from that hearing and for summary suspension 
without a hearing for the duration of the hearing.


Sec. 500.5  Standards of Conduct.

    The conduct of the members, officers and employees of the 
Commission, including its special Government employees, is governed by 
the Standards of Ethical Conduct for Employees of the Executive Branch 
set forth in 5 CFR part 2635 and the Supplemental Standards of Conduct 
for Employees of the Department of Justice set forth in 5 CFR part 
3801.


Sec. 500.6  Disqualification of former employees.

    The provisions of 18 U.S.C. 207 shall govern the post-employment 
appearance of former Commission members, officers, and employees, 
including special Government employees, in the capacity of agent, 
attorney or representative on behalf of claimants before the 
Commission.

PART 501--SUBPOENAS, DEPOSITIONS, AND OATHS

Sec.
501.1  Extent of authority.
501.2  Subpoenas.
501.3  Service of process.
501.4  Witnesses.
501.5  Depositions.
501.6  Documentary evidence.
501.7  Time.

    Authority: Sec. 2, Pub. L. 896, 80th Cong., 62 Stat. 1240, as 
amended (50 U.S.C. App. 2001); sec. 3, Pub. L. 455, 81st Cong., 64 
Stat. 12, as amended (22 U.S.C. 1622).


Sec. 501.1  Extent of authority.

    (a) Subpoenas, oaths and affirmations. The issuance of subpoenas, 
the administration of oaths and affirmations, the taking of affidavits, 
the conduct of investigations, and the examination of witnesses by the 
Commission and its members, officers and employees is governed by the 
provisions of 22 U.S.C. 1623(c) and 50 U.S.C. App. 2001(c).
    (b) Certification. The Commission or any member thereof may, for 
the purpose of a hearing, examination, or investigation, certify the 
correctness of any papers, documents, and other matters pertaining to 
the administration of any laws relating to the functions of the 
Commission.


Sec. 501.2  Subpoenas.

    (a) Issuance. A member of the Commission or a designated employee 
may, on the member or employee's own volition or upon written 
application by any party and upon a showing of general relevance and 
reasonable scope of the evidence sought, issue subpoenas requiring 
persons to appear and testify or to appear and produce documents. 
Applications for issuance of subpoenas for production of documents 
shall specify the books, records, correspondence, or other documents 
sought. The subpoena will show on its face the name and address of the 
party at whose request the subpoena was issued.
    (b) Deposit for costs. The Commission or designated employee, 
before issuing any subpoena in response to any application by an 
interested party, may require a deposit in an amount adequate to cover 
fees and mileage involved.
    (c) Motion to quash. If any person subpoenaed does not intend to 
comply with the subpoena, that person must, within 15 days after the 
date of service of the subpoena, petition in writing to quash the 
subpoena. The basis for the motion must be stated in detail. Any party 
desiring to file an answer to a motion to quash must file the answer 
not later than 15 days after the filing of the motion. The Commission 
will rule on the motion to quash, duly recognizing any answer thereto 
filed. The motion, answer, and any ruling thereon will become part of 
the official record.
    (d) Appeal from interlocutory order. An appeal may be taken to the 
Commission by the interested parties from the denial of a motion to 
quash or from the refusal to issue a subpoena for the production of 
documentary evidence.
    (e) Order of court upon failure to comply. Upon the failure or 
refusal of any person to comply with a subpoena, the Commission may 
invoke the aid of the United States District Court within

[[Page 49846]]

the jurisdiction of which the hearing, examination or investigation is 
being conducted, or wherein that person resides or transacts business, 
as provided in 22 U.S.C. 1623(c).


Sec. 501.3  Service of process.

    (a) By whom served. The Commission will serve all orders, notices 
and other papers issued by it, together with any other papers which it 
is required by law to serve.
    (b) Kinds of service. Subpoenas, orders, rulings, and other 
processes of the Commission may be served by delivering in person, by 
registered or certified mail, by overnight express delivery service, by 
first class mail, by telegraph, or by publication.
    (c) Personal service. Service by delivering in person may be 
accomplished by:
    (1) Delivering a copy of the document to the person to be served, 
to a member of the partnership to be served, to an executive officer or 
a director of the corporation to be served, or to a person competent to 
accept service; or
    (2) By leaving a copy thereof at the residence, principal office or 
place of business of the person, partnership, or corporation.
    (3) Proof of service. The return receipt for the order, other 
process or supporting papers, or the verification by the person 
serving, setting forth the manner of service, will be proof of the 
service of the document.
    (4) Service upon attorney or agent. When any party has appeared by 
an authorized attorney or agent, service upon the party's attorney or 
agent will be deemed service upon the party.
    (d) Service by registered mail or certified mail. Service by 
registered mail or certified mail will be regarded as complete on the 
date the return post office receipt for the orders, notices and other 
papers is received by the Commission.
    (e) Service by overnight express delivery service or by first class 
mail. Service by overnight express delivery service or first class mail 
will be regarded as complete upon deposit, respectively, in the 
delivery service's package receptacle or in the United States mail 
properly stamped and addressed.
    (f) Service by telegraph. Service by telegraph will be regarded as 
complete when deposited with a telegraph company properly addressed and 
with charges prepaid.
    (g) Service by publication. Service by publication is completed 
when due notice has been given in the publication for the time and in 
the manner provided by law or rule.
    (h) Date of service. The date of service is the day upon which the 
document is deposited in the United States mail or delivered in person, 
as the case may be.
    (i) Filing with Commission. Papers required to be filed with the 
Commission will be deemed filed upon actual receipt by the Commission 
accompanied by proof of service upon parties required to be served. 
Upon the actual receipt, the filing will be deemed complete as of the 
date of deposit in the mail or with the telegraph company as provided 
in paragraphs (e) and (f) of this section.


Sec. 501.4  Witnesses.

    (a) Examination of witnesses. Witnesses must appear in person and 
be examined orally under oath, except that for good cause shown, 
testimony may be taken by deposition.
    (b) Witness fees and mileage. Witnesses summoned by the Commission 
on its own behalf or on behalf of a claimant or interested party will 
be paid the same fees and mileage that are allowed and paid witnesses 
in the District Courts of the United States. Witness fees and mileage 
will be paid by the Commission or by the party at whose request the 
witness appears.
    (c) Transcript of testimony. Every person required to attend and 
testify will be entitled, upon payment of prescribed costs, to receive 
a copy of the recording of the testimony or a transcript of the 
recording. Every person required to submit documents or other evidence 
will be entitled to retain a copy thereof.


Sec. 501.5  Depositions.

    (a) Application to take. (1) An application to take a deposition 
must be in writing setting forth the reason why the deposition should 
be taken, the name and address of the witness, the matters concerning 
which it is expected the witness will testify, and the time and place 
proposed for the taking of the deposition, together with the name and 
address of the person before whom it is desired that the deposition be 
taken. If the deposition is being offered in connection with a hearing 
or examination, the application for deposition must be made to the 
Commission at least 15 days prior to the proposed date of such hearing 
or examination.
    (2) Application to take a deposition may be made during a hearing 
or examination, or subsequent to a hearing or examination, only where 
it is shown for good cause that the facts as set forth in the 
application to take the deposition were not within the knowledge of the 
person signing the application prior to the time of the hearing or 
examination.
    (3) The Commission or its representative will, upon receipt of the 
application and a showing of good cause, make and cause to be served 
upon the parties an order which will specify the name of the witness 
whose deposition is to be taken, the time, the place, and where 
practicable the designation of the officer before whom the witness is 
to testify. The officer may or may not be the one specified in the 
application. The order will be served upon all parties at least 10 days 
prior to the date of the taking of the deposition.
    (b) Who may take. The deposition may be taken before the designated 
officer or, if none is designated, before any officer authorized to 
administer oaths by the laws of the United States. If the examination 
is held in a foreign country, it may be taken before a secretary of an 
embassy or legation, consul-general, consul, vice consul, or consular 
agent of the United States.
    (c) Examination and certification of testimony. At the time and 
place specified in the Commission's order, the officer taking the 
deposition will permit the witness to be examined and cross-examined 
under oath by all parties appearing, and the testimony will be reduced 
to writing by, or under the direction of, the presiding officer. All 
objections to questions or evidence will be deemed waived unless made 
in accordance with paragraph (d) of this section. The officer will not 
have power to rule upon any objections but will note them upon the 
deposition. The testimony must be subscribed by the witness in the 
presence of the officer who will attach a certificate stating that the 
witness was duly sworn, that the deposition is a true record of the 
testimony and exhibits given by the witness and that the officer is not 
counsel or attorney to any of the interested parties. The officer will 
immediately seal and deliver an original and two copies of the 
transcript, together with the officer's certificate, by registered mail 
to the Foreign Claims Settlement Commission, Washington, DC 20579 or, 
if applicable, to the designated Commission field office.
    (d) Admissibility in evidence. The deposition will be admissible in 
evidence, subject to such objections to the questions and answers as 
were noted at the time of taking the deposition, or within ten (10) 
days after the return thereof, and would be valid were the witness 
personally present at the hearing.
    (e) Errors and irregularities. All errors or irregularities 
occurring will be deemed waived unless a motion to

[[Page 49847]]

suppress the deposition or some part thereof is made with reasonable 
promptness after the defect is, or with due diligence might have been, 
ascertained.
    (f) Scope of use. The deposition of a witness, if relevant, may be 
used if the Commission finds:
    (1) That the witness has died since the deposition was taken; or
    (2) That the witness is at a distance greater than 100 miles radius 
of Washington, DC, the designated field office or the designated place 
of the hearing; or
    (3) That the witness is unable to attend because of other good 
cause shown.
    (g) Interrogatories and cross-interrogatories. Depositions may also 
be taken and submitted on written interrogatories in substantially the 
same manner as depositions taken by oral examination. When a deposition 
is taken upon interrogatories and cross-interrogatories, none of the 
parties may be present or represented, and no person, other than the 
witness, the person's representative or attorney, a stenographic 
reporter and the presiding officer, may be present at the examination 
of the witness, which fact will be certified by the officer, who will 
read the interrogatories and cross-interrogatories to the witness in 
their order and reduce the testimony to writing in the witness's own 
words.
    (h) Fees. A witness whose deposition is taken pursuant to the 
regulations in this part, and the officer taking the deposition, will 
be entitled to the same fees and mileage allowed and paid for like 
service in the United States District Court for the district in which 
the deposition is taken. Such fees will be paid by the Commission or by 
the party at whose request the deposition is being taken.


Sec. 501.6  Documentary evidence.

    Documentary evidence may consist of books, records, correspondence 
or other documents pertinent to any hearing, examination, or 
investigation within the jurisdiction of the Commission. The 
application for the issuance of subpoenas for production of documents 
must specify the books, records, correspondence or other documents 
sought. The production of documentary evidence will not be required at 
any place other than the witness's place of business. The production of 
such documents will not be required at any place if, prior to the 
return date specified in the subpoena, the person either has furnished 
the issuer of the subpoena with a properly certified copy of the 
documents or has entered into a stipulation as to the information 
contained in the documents.


Sec. 501.7  Time.

    (a) Computation. In computing any period of time prescribed or 
allowed by the regulations, by order of the Commission, or by any 
applicable statute, the day of the act, event, or default after which 
the designated period of time begins to run is not to be included. The 
last day of the period so computed is to be included, unless it is a 
Saturday, Sunday or legal holiday, in which event the period runs until 
the end of the next day that is neither a Saturday, Sunday nor a 
holiday. When the period of time prescribed or allowed is less than 7 
days, intermediate Saturdays, Sundays and holidays will be excluded in 
the computation.
    (b) Enlargement. When by the regulations in this chapter, or by a 
notice given thereunder or by order of the Commission, an act is 
required or allowed to be done at or within a specific time, the 
Commission for good cause shown may, at any time in its discretion:
    (1) With or without motion, notice, or previous order or
    (2) Upon motion, permit the act to be done after the expiration of 
the specified period.

PART 502--PUBLIC INFORMATION-FREEDOM OF INFORMATION ACT

Sec.
502.1   Organization and authority--Foreign Claims Settlement 
Commission.
502.2   Material to be published in the Federal Register pursuant to 
the Freedom of Information Act.
502.3   Effect of nonpublication.
502.4   Incorporation by reference.
502.5   Records generally available.
502.6   Current index.
502.7   Additional documents and records generally available for 
inspection and copying.
502.8   Documents on-line.
502.9   Effect of noncompliance.
502.10   Availability of records.
502.11   Actions on requests.
502.12   Appeals.
502.13   Exemptions.
502.14   Fees for services.

    Authority: 5 U.S.C. 552.


Sec. 502.1  Organization and authority--Foreign Claims Settlement 
Commission.

    (a) The Foreign Claims Settlement Commission of the United States 
(``the Commission'') is an independent agency of the Federal Government 
created by Reorganization Plan No. 1 of 1954 (68 Stat. 1279) effective 
July 1, 1954. The Commission was transferred to the Department of 
Justice as an independent agency within that department as of October 
1, 1980, under the terms of Public Law 96-209, approved March 14, 1980 
(94 Stat. 96, 22 U.S.C. 1622a). Its duties and authority are defined in 
the International Claims Settlement Act of 1949, as amended (64 Stat. 
12, 22 U.S.C. 1621-1645o) and the War Claims Act of 1948 (62 Stat. 
1240, 50 U.S.C. App. 2001-2017p).
    (b) The Commission has jurisdiction to determine the validity and 
amount of claims of United States nationals against foreign governments 
for compensation for losses and injuries sustained by those nationals, 
pursuant to programs authorized under either of the cited Acts. Funds 
for payment of claims are derived from international settlement 
agreements or through liquidation of foreign assets in the United 
States by the Department of Justice or Treasury, or from public funds 
when provided by the Congress.
    (c) The Chair and the two part-time members of the Commission are 
appointed by the President with the advice and consent of the Senate to 
serve for 3-year terms of office as provided in 22 U.S.C. 1622c(c).
    (d) All functions of the Commission are vested in the Chair with 
respect to the internal management of the affairs of the Commission, 
including but not limited to:
    (1) The appointment of Commission employees;
    (2) The direction of Commission employees and the supervision of 
their official duties;
    (3) The distribution of business among employees and organizational 
units within the Commission;
    (4) The preparation of budget estimates; and
    (5) The use and expenditures of Commission funds appropriated for 
expenses of administration.
    (e) Requests for records must be made in writing by mail or 
presented in person to the Administrative Officer, Foreign Claims 
Settlement Commission, Washington, DC 20579.
    (f) The offices of the Commission are located at 600 E Street NW 
(Bicentennial Building), Room 6002, Washington, DC.


Sec. 502.2  Material to be published in the Federal Register pursuant 
to the Freedom of Information Act.

    The Commission will separately state and concurrently publish the 
following materials in the Federal Register for the guidance of the 
public:
    (a) Descriptions of its central and field organization and the 
established places at which, the officers from whom, and the methods 
whereby, the public may secure information, make submittals or 
requests, or obtain decisions.

[[Page 49848]]

    (b) Statements of the general course and method by which its 
functions are channeled and determined, including the nature and 
requirements of all formal and informal procedures available.
    (c) Rules of procedure, descriptions of forms available or the 
places at which forms may be obtained, and instructions as to the scope 
and contents of all papers, reports, or examinations.
    (d) Substantive rules of general applicability adopted as 
authorized by law, and statements of general policy or interpretations 
of general applicability formulated and adopted by the agency.
    (e) Every amendment, revision, or repeal of the foregoing.


Sec. 502.3  Effect of nonpublication.

    Except to the extent that a person has actual and timely notice of 
the terms thereof, no person will in any manner be required to resort 
to, or be adversely affected by, any matter required to be published in 
the Federal Register and not so published.


Sec. 502.4  Incorporation by reference.

    For purposes of this part, matter which is reasonably available to 
the class of persons affected thereby will be deemed published in the 
Federal Register when incorporated by reference therein with the 
approval of the Director of the Federal Register.


Sec. 502.5  Records generally available.

    The Commission will make promptly available to any member of the 
public the following documents:
    (a) Proposed and Final Decisions (including dissenting opinions) 
and all orders made with respect thereto, except when exempted from 
public disclosure by statute;
    (b) Statements of policy and interpretations which have been 
adopted by the Commission which have not been published in the Federal 
Register; and
    (c) A current index, which will be updated at least quarterly, 
covering the foregoing material adopted, issued or promulgated after 
July 4, 1967. Publication of an index is deemed both unnecessary and 
impractical. However, copies of the index are available upon request 
for a fee of the direct cost of duplication.


Sec. 502.6  Current index.

    The Commission will maintain and make available for public 
inspection and copying, current indexes providing identifying 
information for the public as to any matter issued, adopted, or 
promulgated after July 4, 1967, as required by 5 U.S.C. 552(a)(2).


Sec. 502.7  Additional documents and records generally available for 
inspection and copying.

    The following types of documents are also available for inspection 
and copying in the offices of the Commission:
    (a) Rules of practice and procedure.
    (b) Annual report of the Commission to the Congress of the United 
States.
    (c) Bound volumes of Commission decisions.
    (d) International Claims Settlement Act of 1949, with amendments; 
the War Claims Act of 1948, with amendments; and related Acts.
    (e) Claims agreements with foreign governments effecting the 
settlement of claims under the jurisdiction of the Commission.
    (f) Press releases and other miscellaneous material concerning 
Commission operations.
    (g) Indexes of claims filed in the various claims programs 
administered by the Commission.


Sec. 502.8  Documents on-line.

    Commission documents available in electronic format may be accessed 
via the Commission's World Wide Web site, the address of which is 
http://www.usdoj.gov/fcsc.


Sec. 502.9  Effect of non-compliance.

    No decision, statement of policy, interpretation, or staff manual 
or instruction that affects any member of the public will be relied 
upon, used, or cited as precedent by the Commission against any private 
party unless it has been indexed and either made available or published 
as provided by this part, or unless that private party has actual and 
timely notice of the terms thereof.


Sec. 502.10  Availability of records.

    (a) Each person desiring access to a record covered by this part 
must comply with the following provisions:
    (1) A written request must be made for the record.
    (2) Such request must indicate that it is being made under the 
Freedom of Information Act.
    (3) The envelope in which the request is sent must be prominently 
marked with the letters ``FOIA.''
    (4) The request must be addressed to the appropriate official or 
employee of the Commission as set forth in paragraph (c) of this 
section.
    (5) The foregoing requirements must be complied with whether the 
request is mailed or hand-delivered to the Commission.
    (b) If the requirements of paragraph (a) of this section are not 
met, the twenty-day time limit described in Sec. 502.10(a) will not 
begin to run until the request has been identified by an official or 
employee of the Commission as a request under the Freedom of 
Information Act and has been received by the appropriate official or 
employee of the Commission.
    (c) Each person desiring access to a record covered in this part 
that is located in the Commission, or to obtain a copy of such a 
record, must make a written request to the Administrative Officer, 
Foreign Claims Settlement Commission, 600 E Street NW, Room 6002, 
Washington, DC 20579.
    (d) Each request should reasonably describe the particular record 
requested. The request should specify the subject matter, the date when 
it was made and the person or office that made it. If the description 
is insufficient, the official or employee handling the request may 
notify the person making the request and, to the extent possible, 
indicate the additional data required.
    (e) Each record made available under this section is available for 
inspection and copying during regular working hours. Original documents 
may be copied but may not be released from custody.
    (f) Authority to administer this part in connection with Commission 
records is delegated to the Administrative Officer or the Commission 
employee acting in that official's capacity.


Sec. 502.11  Actions on requests.

    (a) The Administrative Officer or any employee acting in that 
official's capacity will determine within twenty days (excepting 
Saturdays, Sundays, and legal public holidays) after the receipt of any 
a request whether to comply with the request. Upon receipt of a request 
for a Commission record which is available, the Administrative Officer 
or other employee will notify the requester as to the time the record 
is available, and will promptly make the record available after 
advising the requester of the applicable fees under Sec. 502.13. The 
person making the request will be notified immediately after any 
adverse determination, the reasons for making the adverse determination 
and the right of the person to appeal.
    (b) Any denial of a request for a record will be written and signed 
by the Administrative Officer or other employee, including a statement 
of the reason for denial. That statement will contain, as applicable:
    (1) A reference to the specific exemption under the Freedom of 
Information Act authorizing the withholding of a record, and to the 
extent consistent with the purpose of the exemption, an explanation of 
how

[[Page 49849]]

the exemption applies to the record withheld.
    (2) If a record requested does not exist, or has been legally 
disposed of, the requester will be so notified.
    (c) In unusual circumstances, the time limit prescribed in 
paragraph (a) of this section may be extended by written notice to the 
person making the request setting forth the reasons for the extension 
and the date on which a determination is expected to be dispatched. No 
extension notice will specify a date that would result in an extension 
for more than twenty working days. As used in this paragraph, ``unusual 
circumstances'' means, but only to the extent reasonably necessary to 
the proper processing of the particular request--
    (1) The need to search for and collect the requested records from 
other establishments that are separate from the office processing the 
request;
    (2) The need to search for, collect, and appropriately examine a 
voluminous amount of separate and distinct records which are demanded 
in a single request; or
    (3) The need for consultation, which will be conducted with all 
practicable speed, with another agency having a substantial interest in 
the determination of the request or among two or more components of the 
agency having substantial subject-matter interest therein.


Sec. 502.12  Appeals.

    (a) Any person to whom a record has not been made available within 
the time limits established by paragraph (b) of Sec. 502.11, and any 
person who has been given an adverse determination pursuant to 
paragraph (b) of Sec. 503.10 of this chapter, that a requested record 
will not be disclosed, may apply to the Office of Information and 
Privacy, U.S. Department of Justice, Washington, DC 20530, for 
reconsideration of the request. The person making such a request will 
also be notified of the provisions for judicial review provided in 5 
U.S.C. 552(a)(4).
    (b) Each application for reconsideration must be made in writing 
within sixty days from the date of receipt of the original denial and 
must include all information and arguments relied upon by the person 
making the request. The application must indicate that it is an appeal 
from a denial of a request made under the Freedom of Information Act. 
The envelope in which the application is sent must be prominently 
marked with the letters ``FOIA.'' If these requirements are not met, 
the twenty day limit described in Sec. 502.10 will not begin to run 
until the application has been identified as an application under the 
Freedom of Information Act and has been received by the Office of 
Information and Privacy of the Department of Justice.
    (c) Whenever it is to be determined necessary, the person making 
the request may be required to furnish additional information, or proof 
of factual allegations and other proceedings appropriate in the 
circumstances may be ordered.
    (d) The decision not to disclose a record under this part is 
considered to be a withholding for the purposes of 5 U.S.C. 552(a)(3).


Sec. 502.13  Exemptions.

    In the event any document or record requested hereunder should 
contain material which is exempt from disclosure under this section, 
any reasonably segregable portion of the record will, notwithstanding 
that fact, and to the extent feasible, be provided to any person 
requesting it, 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 the document would not 
violate the public interest or the right of any person to whom the 
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 inter-agency memoranda, drafts, 
staff memoranda transmitted to the Commission, 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 investigators.
    (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 furnished 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.


Sec. 502.14  Fees for services.

    The following provisions shall apply in the assessment and 
collection of fees for services rendered in processing requests for 
disclosure of Commission records under this part.
    (a) Fee for duplication of records: $0.15 per page.
    (b) Search and review fees:
    (1) Searches for records by clerical personnel--$3.00 per quarter 
hour, including time spent searching for and copying any record.
    (2) Search for and review of records by professional and 
supervisory personnel--$6.00 per quarter hour spent searching for any 
record or reviewing a record to determine whether it may be

[[Page 49850]]

disclosed, including time spent in copying any record.
    (c) Certification and validation fee: $1.00 for each certification, 
validation or authentication of a copy of any record.
    (d) Imposition of fees:
    (1) Commercial use requests--Where a request appears to seek 
disclosure of records for a commercial use, the requester shall be 
charged for the time spent by Commission personnel in searching for the 
requested record and in reviewing the record to determine whether it 
should be disclosed, and for the cost of each page of duplication. 
Commercial use is defined as a use or purpose that furthers the 
commercial, trade or profit interests of the requester or the person on 
whose behalf the request is made. The request also must reasonably 
identify the records sought.
    (2) Requests from representatives of news media--Where a request 
seeks disclosure of records to a representative of the news media, the 
requester shall be charged only for the actual duplication cost of the 
records and only to the extent that the number of duplications exceeds 
100 pages; provided, however, that the request must reasonably describe 
the records sought, and it must appear that the records are for use by 
the requester in such person's capacity as a news media representative. 
``Representative of the news media'' refers to any person actively 
gathering news for an entity that is organized and operated to publish 
or broadcast news to the public. The term news means information that 
is about current events or that would be of current interest to the 
public. A ``freelance'' journalist not actually employed by a news 
organization shall be eligible for inclusion under this category if the 
person can demonstrate a solid basis for expecting publication by a 
news organization.
    (3) Requests from educational and non-commercial scientific 
institutions--Where a request seeks disclosure of records to an 
educational or non-commercial scientific institution, the requester 
shall be charged only for the actual duplication cost of the records 
and only to the extent that the number of duplications exceeds 100 
pages; provided, however, that the request must reasonably describe the 
records sought and it must appear that the records are to be used by 
the requester in furtherance of its educational or non-commercial 
scientific research programs. ``Educational institution'' refers to a 
preschool, a public or private elementary or secondary school, or an 
institution of undergraduate, graduate, professional or vocational 
education, which operates a program or programs of scholarly research. 
``Non-commercial scientific institution'' refers to an institution that 
is not operated on a ``commercial'' basis, within the meaning of 
paragraph (d)(1) of this section and which is operated solely for the 
purpose of conducting scientific research, the results of which are not 
intended to promote any particular product or industry.
    (4) All other requests--Where a request seeks disclosure of records 
to a person or entity other than one coming within paragraphs (d) (1), 
(2) and (3) of this section, the requester shall be charged the full 
cost of search and duplication. However, the first two hours of search 
time and the first 100 pages of duplication shall be furnished without 
charge.
    (e) Aggregating of requests. If there exists a solid basis for 
concluding that a requester or group of requesters has submitted a 
series of partial requests for disclosure of records in an attempt to 
evade assessment of fees, the requests may be aggregated so as to 
constitute a single request, with fees charged accordingly.
    (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 the 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 those fees were billed, interest on the fees may be 
assessed beginning on the 31st day after the billing date, to be 
calculated at the rate prescribed in 31 U.S.C. 3717.
    (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 the 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 those 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 the 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 
Secs. 502.11 and 502.12 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 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 those fees. No charges shall be assessed if the 
fees amount to $8.00 or less.

PART 503--PRIVACY ACT AND GOVERNMENT IN THE SUNSHINE REGULATIONS

Subpart A--Privacy Act Regulations
Sec.
503.1  Definitions--Privacy Act.
503.2  General policies--Privacy Act.
503.3  Conditions of disclosure.
503.4  Accounting of certain disclosures.
503.5  Access to records or information.
503.6  Determination of requests for access to records.
503.7  Amendment of a record.
503.8  Appeals from denial of requests for amendment to records.
503.9  Fees.
503.10  Exemptions.
503.11  Reports.
503.12  Notices.
Subpart B--Government in the Sunshine Regulations
Sec.
503.20  Definitions.
503.21  Notice of public observation.
503.22  Scope of application.
503.23  Open meetings.
503.24  Grounds for closing a meeting.
503.25  Announcement of meetings.
503.26  Procedures for closing of meetings.
503.27  Reconsideration of opening or closing, or rescheduling a 
meeting.
503.28  Record of closed meetings, or closed portion of a meeting.
503.29  Requests for information.

Subpart A--Privacy Act Regulations

    Authority: 5 U.S.C. 552a(f).


Sec. 503.1  Definitions--Privacy Act.

    For the purpose of this part:
    Agency includes any executive department, military department, 
government corporation, government

[[Page 49851]]

controlled corporation, or other establishment in the executive branch 
of the government (including the Executive Office of the President) or 
any independent 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 that 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 13 U.S.C. 8.
    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.


Sec. 503.2  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 
that individual are collected, maintained, used or disseminated by the 
Commission.
    (b) Permit an individual to prevent a record pertaining to that 
individual obtained by the Commission for a particular 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 that individual in Commission records, to have a copy made of all or 
any portion thereof, and to correct or amend those records.
    (d) Collect, maintain, use, or disseminate any record of 
identifiable personal information in a manner that assures that the 
Commission's 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 the information.
    (e) Permit exemptions from record requirements provided under the 
Privacy Act only where an important public policy use for the exemption 
has been determined in accordance with specific statutory authority.


Sec. 503.3  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 the 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 evaluation to 
determine whether the record has that 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 disclosure, 
notification is transmitted to the last known address of the 
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 the 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.


Sec. 503.4  Accounting of certain disclosures.

    (a) Except for disclosures under Sec. 503.3(a) and (b) of this 
part, the Administrative Officer will keep an accurate accounting of 
each disclosure of a record to any person or to another agency made 
under Sec. 503.3(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 Sec. 503.3(g) of 
this part, the Administrative Officer will make the accounting as 
required under paragraph (a) of this section available to any 
individual upon written request made in accordance with Sec. 503.5.
    (c) The Administrative Officer will inform any person or other 
agency about any correction or notation of dispute made in accordance 
with Sec. 503.7 of this part 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 
will 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) This 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.


Sec. 503.5  Access to records or information.

    (a) Upon request in person or by mail, any individual will be 
informed whether or not a system of records maintained by the 
Commission contains a record or information pertaining to that 
individual.
    (b) Any individual requesting access to a record or information in 
person must appear in person at the offices of the Foreign Claims 
Settlement Commission, 600 E Street, NW., Room 6002, Washington, DC, 
between the hours of 9 a.m. and 5:30 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.;

[[Page 49852]]

    (2) Provide identification sufficient to verify the individual's 
identity, e.g., driver's license, identification or Medicare card; and
    (3) Any individual requesting access to records or information 
pertaining to himself or herself may be accompanied by a person of the 
individual's own choosing while reviewing the records or information. 
If an individual elects to be so accompanied, advance notification of 
the election will 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 himself or herself by mail must address the 
request to the Administrative Officer (Privacy Officer), Foreign Claims 
Settlement Commission, 600 E Street, NW., Room 6002, Washington, DC 
20579, and must provide information acceptable to the Administrative 
Officer to verify the individual's identity.
    (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 
that period, an acknowledgment will be sent to the individual within 
ten (10) days of receipt of the request (excluding Saturdays, Sundays, 
and legal holidays).


Sec. 503.6  Determination of requests for access to records.

    (a) Upon request made in accordance with Sec. 503.5, the 
Administrative Officer will:
    (1) Determine whether or not the request will be granted;
    (2) Make that determination and provide notification within a 
reasonable period of time after receipt of the 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 Administrative Officer will notify 
the individual of that determination and the reason therefor.
    (c) If access to the record is granted, the individual making the 
request must notify the Administrative Officer whether the record 
requested is to be copied and mailed to the individual.
    (d) If a record is to be made available for personal inspection, 
the individual must arrange with the Administrative Officer a mutually 
agreeable time and place for inspection of the record.


Sec. 503.7  Amendment of a record.

    (a) Any individual may request amendment of a record pertaining to 
himself or herself according to the procedure in paragraph (b) of this 
section, except in the case of records described under paragraph (d) of 
this section.
    (b) After inspection by an individual of a record pertaining to 
himself or herself, the individual may file a written request, 
presented in person or by mail, with the Administrative Officer, for an 
amendment to a record. The request must specify the particular portions 
of the record to be amended, the desired amendments and the reasons 
therefor.
    (c) Not later than ten (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 Administrative 
Officer will:
    (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 the record, setting forth the 
reasons therefor, and notify the individual of the right to appeal that 
determination as provided under Sec. 503.8 of this part.
    (d) The provisions for amending records do not apply to 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.


Sec. 503.8  Appeals from denial of requests for amendment to records.

    (a) An individual whose request for amendment of a record 
pertaining to the individual is denied may request a review of that 
determination. The request must be addressed to the Chair of the 
Commission, and must specify the reasons for which the refusal to amend 
is challenged.
    (b) If on appeal the refusal to amend the record is upheld, the 
Commission will permit the individual to file a statement setting forth 
the reasons for disagreement with the determination. The statement must 
also be submitted within 30 days of receipt of the denial. The 
statement will be included in the system of records in which the 
disputed record is maintained and will be marked so as to indicate:
    (1) That a statement of disagreement has been filed, and
    (2) Where in the system of records the statement may be found.


Sec. 503.9  Fees.

    Fees to be charged, if any, to any individual for making copies of 
that individual's record excluding the cost of any search for and 
review of the record will be as follows:
    (a) Photocopy reproductions: each copy $0.15.
    (b) Where the Commission undertakes to perform for a requester, or 
any other person, services which are clearly not required to be 
performed under the Privacy Act, either voluntarily or because those 
services are required by some other law, the question of charging fees 
for those services will be determined by the official or designee 
authorized to release the information, under the Federal user charge 
statute, 31 U.S.C. 583a, any other applicable law, and the provisions 
of Sec. 502.13 of part 502 of this chapter.


Sec. 503.10  Exemptions.

    No system of records maintained by the Foreign Claims Settlement 
Commission is 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 
Chair 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), 
and 5 U.S.C. 553(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).


Sec. 503.11  Reports.

    (a) The Administrative Officer or designee will provide adequate 
advance notice to Congress and the Office of Management and Budget of 
any proposal to establish or alter any Commission system of records, as 
required by 5 U.S.C. 552a(o).
    (b) If at any time a system of records maintained by the Commission 
is determined to be exempt from the application of 5 U.S.C. 552a in 
accordance with the provisions of 5 U.S.C. 552a(j) and (k), the number 
of records contained in such system will be separately listed and 
reported to the Office of Management and Budget.


Sec. 503.12  Notices.

    The Commission will publish in the Federal Register at least 
annually a notice of the existence and character of the systems of 
records which it maintains. Such notice will include:
    (a) The name and location of each system;

[[Page 49853]]

    (b) The categories of individuals on whom the records are 
maintained in each system;
    (c) The categories of records maintained in each system;
    (d) Each routine use of the records contained in each system 
including the categories of users and the purpose of each use;
    (e) The policies and practices of the Commission regarding storage, 
retrievability, access controls, retention, and disposal of the 
records;
    (f) The title and business address of the agency official who is 
responsible for each system of records;
    (g) Commission procedures whereby an individual can be notified if 
a system of records contains a record pertaining to that individual;
    (h) Commission procedures whereby an individual can be notified how 
to gain access to any record pertaining to that individual contained in 
a system of records, and how to contest its content, and
    (i) The categories of sources of records in each system.

Subpart B--Government in the Sunshine Regulations

    Authority: 5 U.S.C. 552b.


Sec. 503.20  Definitions.

    For purposes of this part: Closed meeting and closed portion of a 
meeting mean, respectively, a meeting or that part of a meeting 
designated as provided in Sec. 503.27 as closed to the public by reason 
of one or more of the closure provisions listed in Sec. 503.24.
    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.
    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.
    Member means any one of the three members of the Commission.
    Open meeting means a meeting or portion of a meeting which is not a 
closed meeting or a closed portion of a meeting.
    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 
Commission.


Sec. 503.21  Notice of public observation.

    (a) A member of the public is not required to give advance notice 
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, those individuals are requested to give notice 
to the Commission at least two business days before the start of the 
open meeting of the intention to exercise that right.
    (b) Notice of intention to exercise the right of public observation 
may be given in writing, in person, or by telephone to the official 
designated in Sec. 503.29.
    (c) Individuals who have not given advance notice of intention to 
exercise the right of public observation will not be permitted to 
attend and observe the open meeting of the Commission if the available 
space and seating are necessary to accommodate individuals who gave 
advance notice of such intention.


Sec. 503.22  Scope of application.

    The provisions of this part 503, Secs. 503.20 through 503.29, apply 
to meetings of the Commission, and do not apply to conferences or other 
gatherings of employees of the Commission who meet or join with others, 
except at meetings of the Commission to deliberate on or conduct 
official agency business.


Sec. 503.23  Open meetings.

    Every meeting of the Commission will be open to public observation 
except as provided in Sec. 503.24.


Sec. 503.24  Grounds for closing a meeting.

    (a) Except in a case where the Commission determines otherwise, a 
meeting or portion of a meeting may be closed to public observation 
where the Commission determines that the meeting or portion of the 
meeting is likely to:
    (1) Disclose matters that are:
    (i) Specifically authorized under criteria established by an 
Executive Order to be kept secret in the interests of national defense 
or foreign policy and
    (ii) In fact properly classified pursuant to such Executive order;
    (2) Relate solely to the internal personnel rules and practices of 
the Commission;
    (3) Disclose matters specifically exempted from disclosure by 
statute (other than 5 U.S.C. 552) provided that such statute:
    (i) Requires that the matters be withheld from the public in such a 
manner as to leave no discretion on the issue, or
    (ii) Establishes particular criteria for withholding or refers to 
particular types of matters to be withheld;
    (4) Disclose trade secrets and commercial or financial information 
obtained from a person and privileged or confidential;
    (5) Involve accusing any person of a crime, or formally censuring 
any person;
    (6) Disclose information of a personal nature where disclosure 
would constitute a clearly unwarranted invasion of personal privacy;
    (7) Disclose investigatory records compiled for law enforcement 
purposes, or information which if written would be contained in such 
records, but only to the extent that the production of the records or 
information would:
    (i) Interfere with enforcement proceedings,
    (ii) Deprive a person of a right to a fair trial or an impartial 
adjudication,
    (iii) Constitute an unwarranted invasion of personal privacy,
    (iv) Disclose the identity of a confidential source and, in the 
case of a record compiled by a criminal law enforcement authority in 
the course of a criminal investigation, or by an agency conducting a 
lawful national security intelligence investigation, confidential 
information furnished only by the confidential source,
    (v) Disclose investigative techniques and procedures, or
    (vi) Endanger the life or physical safety of law enforcement 
personnel;
    (8) Disclose information contained in or related to examination, 
operating, or condition reports prepared by, on behalf of, or for the 
use of the Commission;
    (9) Disclose information the premature disclosure of which would be 
likely to significantly frustrate implementation of a proposed action 
of the Commission, provided the Commission has not already disclosed to 
the public the content or nature of its proposed action, or is not 
required by law to make the disclosure on its own initiative prior to 
taking final action on the proposal; or
    (10) Specifically concern the Commission's issuance of a subpoena 
or the Commission's participation in a civil action or proceeding, an 
action in a foreign court or international tribunal, or an arbitration, 
or the initiation, conduct, or disposition by the Commission of a 
particular case of formal agency adjudication pursuant to the 
procedures in 5 U.S.C. 554, or otherwise involve a determination on the 
record after opportunity for a hearing.

[[Page 49854]]

    (b) If the Commission determines that the public interest would 
require that a meeting to be open, it may nevertheless so hold.


Sec. 503.25  Announcement of meetings.

    (a) The Commission meets in its offices at 600 E Street, NW, 
Washington, DC, from time to time as announced by timely notice 
published in the Federal Register.
    (b) At the earliest practicable time, which is estimated to be not 
later than eight days before the beginning of a meeting of the 
Commission, the Commission will make available for public inspection in 
its offices, and, if requested, will furnish by telephone or in 
writing, a notice of the subject matter of the meeting, except to the 
extent that the information is exempt from disclosure under the 
provisions of Sec. 503.24.


Sec. 503.26  Procedures for closing of meetings.

    (a) The closing of a meeting will occur when:
    (1) A majority of the membership of the Commission votes to take 
that action. A separate vote of the Commission members will be taken 
with respect to each Commission meeting, a portion or portions of which 
are proposed to be closed to the public pursuant to Sec. 503.24, or 
with respect to any information which is proposed withheld under 
Sec. 503.24. A single vote may be taken with respect to a series of 
meetings, a portion or portions of which are proposed to be closed to 
the public, or with respect to any information concerning that series 
of meetings, so long as each meeting in the series involves the same 
particular matters and is scheduled to be held no more than thirty days 
after the initial meeting in the series. The vote of each Commission 
member participating in the voting will be recorded and no proxies will 
be allowed.
    (2) Whenever any person whose interests may be directly affected by 
a portion of a meeting requests that the Commission close that portion 
to the public for any of the reasons referred to in Sec. 503.24(e), 
(f), or (g), the Commission, upon request of any one of its Commission 
members, will take a recorded vote, whether to close that portion of 
the meeting.
    (b) Within one day of any vote taken, the Commission will make 
publicly available a written copy of the voting reflecting the vote of 
each member on the question and a full written explanation of its 
action closing the entire or portion of the meeting together with a 
list of all persons expected to attend the meeting and their 
affiliation.
    (c) The Commission will announce the time, place and subject matter 
of the meeting at least eight days before the meeting.
    (d) For every closed meeting, before the meeting is closed, the 
Commission's Chair will publicly certify that the meeting may be closed 
to the public, and will state each relevant closure provision. A copy 
of the certification, together with a statement setting forth the time 
and place of the meeting, and the persons present, will be retained by 
the Commission.


Sec. 503.27  Reconsideration of opening or closing, or rescheduling a 
meeting.

    The time or place of a Commission meeting may be changed following 
the public announcement only if the Commission publicly announces such 
changes at the earliest practicable time. The subject matter of a 
meeting, or the determination of the Commission to open or close a 
meeting, or portion of a meeting, to the public, may be changed 
following the public announcement only if a majority of the Commission 
members determines by a recorded vote that Commission business so 
requires and that no earlier announcement of the changes was possible, 
and the Commission publicly announces the changes and the vote of each 
member upon the changes at the earliest practicable time.


Sec. 503.28  Record of closed meetings, or closed portion of a meeting.

    (a) The Commission will maintain a complete transcript or 
electronic recording adequate to record fully the proceedings of each 
closed meeting or closed portion of a meeting, except that in the case 
of a meeting or portion of a meeting closed to the public pursuant to 
Sec. 503.24(d), (h), or (j), the Commission will maintain either a 
transcript or recording, or a detailed set of minutes.
    (b) Any minutes so maintained will 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 will be 
identified in the minutes.
    (c) The Commission will 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 the item or items of discussion which 
the Commission determines to contain information which may be withheld 
under Sec. 503.24. Copies of the transcript or minutes, or a 
transcription of the recording, disclosing the identity of each 
speaker, will be furnished to any person at the actual cost of 
duplication or transcription.
    (d) The Commission will maintain a complete verbatim copy of the 
transcript, 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 the closed meeting or closed 
portion of a meeting.
    (e) All actions required or permitted by this section to be 
undertaken by the Commission will be by or under the authority of the 
Chair of the Commission.


Sec. 503.29  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 Sec. 503.24, must be addressed to the 
Administrative Officer, Foreign Claims Settlement Commission, 600 E 
Street, NW, Room 6002, Washington, DC 20579, telephone (202) 616-6975.

SUBCHAPTER B--RECEIPT, ADMINISTRATION, AND PAYMENT OF CLAIMS UNDER 
TITLE I OF THE WAR CLAIMS ACT OF 1948, AS AMENDED

PART 504--FILING OF CLAIMS AND PROCEDURES THEREFOR

Sec.
504.1  Claim defined.
504.2  Time within which claims may be filed.
504.3  Official claim forms.
504.4  Place of filing claims.
504.5  Documents to accompany forms.
504.6  Receipt of claims.

    Authority: Sec. 2, Pub. L. 896, 80th Cong., as amended (50 
U.S.C. App. 2001).


Sec. 504.1  Claim defined.

    (a) This subchapter is included solely in order to provide for the 
adjudication of any additional claims that may arise on behalf of 
survivors of deceased civilians and military veterans who had been 
listed as missing during the Vietnam conflict but were subsequently 
determined to have been interned, in hiding, or captured by a hostile 
force in Southeast Asia (see Sec. 504.2(a)(3) and (b)(3)). The 
Commission no longer has authority to receive or consider any

[[Page 49855]]

other types of claims based on the internment of civilians or the 
maltreatment of military servicemen held as prisoners of war by forces 
hostile to the United States.
    (b) A properly completed and executed application made on an 
official form provided by the Foreign Claims Settlement Commission for 
such purpose constitutes a claim and will be processed under the laws 
administered by the Commission.
    (c) Any communication, letter, note, or memorandum from a claimant, 
or the claimant's duly authorized representative, or a person acting as 
next friend of a claimant who is not legally competent, setting forth 
sufficient facts to apprise the Commission of an interest to apply 
under the provisions of sections 5(i) and 6(f) of the Act, will be 
deemed to be an informal claim. Where an informal claim is received and 
an official form is forwarded for completion and execution by the 
applicant, that official form will be considered as evidence necessary 
to complete the initial claim, and unless that official form is 
received within thirty (30) days from the date it was transmitted for 
execution, if the claimant resides in the continental United States, or 
forty-five (45) days if outside the continental United States, the 
claim may be disallowed.


Sec. 504.2  Time within which claims may be filed.

    (a) Claims of individuals entitled to benefits under section 5(i) 
of the War Claims Act of 1948, as added by Public Law 91-289, will be 
accepted by the Commission during the period beginning June 24, 1970, 
and ending:
    (1) June 24, 1973, inclusive;
    (2) 3 years from the date the civilian American citizen by whom the 
claim is filed returned to the jurisdiction of the United States; or
    (3) 3 years from the date upon which the Commission, at the request 
of a potentially eligible survivor, makes a determination that the 
civilian American citizen has actually died or may be presumed to be 
dead, in the case of any civilian American citizen who has not returned 
to the jurisdiction of the United States, whichever of the preceding 
dates last occurs.
    (b) Claims of individuals entitled to benefits under section 6(f) 
of the War Claims Act of 1948, as added by Public Law 91-289, will be 
accepted by the Commission during the period beginning June 24, 1970, 
and ending:
    (1) June 24, 1973, inclusive;
    (2) 3 years from the date the prisoner of war by whom the claim is 
filed returned to the jurisdiction of the Armed Forces of the United 
States; or
    (3) 3 years from the date the Department of Defense makes a 
determination that the prisoner of war has actually died or is presumed 
to be dead, in the case of any prisoner of war who has not returned to 
the jurisdiction of the Armed Forces of the United States, whichever of 
the preceding dates last occurs.


Sec. 504.3  Official claim forms.

    Official forms are provided for use in the preparation of claims 
for submission to the Commission for processing. Claim forms are 
available at the Washington offices of the Commission and through other 
offices as the Commission may designate. The official claim form for 
all claims under section 5(i) and 6(f) has been designated FCSC Form 
289, ``Application for Compensation for Members of the Armed Forces of 
the United States Held as Prisoner of War in Vietnam; for Persons 
Assigned to Duty on board the `U.S.S. Pueblo' Captured by Military 
Forces of North Korea; for Civilian American Citizens Captured or Who 
Went into Hiding to Avoid Capture or Internment in Southeast Asia 
During the Vietnam Conflict and, in Case of Death of any Such Person, 
for Their Survivors.''


Sec. 504.4  Place of filing claims.

    Claims must be mailed or delivered in person to the Foreign Claims 
Settlement Commission, 600 E Street, NW, Room 6002, Washington, DC 
20579.


Sec. 504.5  Documents to accompany forms.

    All claims filed pursuant to sections 5(a) and 6(f) of the Act must 
be accompanied by evidentiary documents, instruments, and records as 
outlined in the instruction sheet attached to the claim form.


Sec. 504.6  Receipt of claims.

    (a) Claims deemed received. A claim will be deemed to have been 
received by the Commission on the date postmarked, if mailed, or if 
delivery is made in person, on the date of delivery at the offices of 
the Commission in Washington, DC.
    (b) Claims developed. In the event that a claim has been 
insufficiently prepared so as to preclude processing thereof, the 
Commission may request the claimant to furnish whatever supplemental 
evidence, including the completion and execution of an official claim 
form, as may be essential to the processing of the claim. In case the 
evidence or official claim form requested is not returned within the 
time which may be designated by the Commission, the claim may be deemed 
to have been abandoned and may be disallowed.

PART 505--PROVISIONS OF GENERAL APPLICATION

Sec.
505.1  Persons eligible to file claims.
505.2  Persons under legal disability.
505.3  Definitions applicable under the Act.

    Authority: Sec. 2, Pub. L. 896, 80th Cong., as amended (50 
U.S.C. App. 2001).


Sec. 505.1  Persons eligible to file claims.

    Persons eligible to file claims with the Commission under the 
provisions of sections 5(i) and 6(f) of the War Claims Act of 1948, as 
amended, are:
    (a) Civilian American citizens captured and held in Southeast Asia 
or their eligible survivors, under the provisions of section 5(i) of 
the Act; and
    (b) Members of the Armed Forces of the United States held as 
prisoners of war during the Vietnam conflict or their eligible 
survivors, under section 6(f) of the Act.


Sec. 505.2  Persons under legal disability.

    (a) Claims may be submitted on behalf of persons who, being 
otherwise eligible to make claims under the provisions of sections 5(i) 
and 6(f), are incompetent or otherwise under any legal disability, by 
the natural or legal guardian, committee, conservator, curator, or any 
other person, including the spouse of the claimant, whom the Commission 
determines is charged with the care of the claimant.
    (b) Upon the death of any individual for whom an award has been 
made, the Commission may consider the initial application filed by or 
in behalf of the decedent as a formal claim for the purpose of 
reissuing the award to the next eligible survivor in the order of 
preference as set forth under sections 5(i) and 6(d)(4) of the Act.


Sec. 505.3  Definitions applicable under the Act.

    Child means:
    (1) A natural or adopted son or daughter of a deceased prisoner of 
war or a deceased civilian prisoner of war or a deceased American 
citizen including any posthumous son or daughter of such deceased 
person.
    (2) Any son or daughter of a deceased person born out of wedlock 
will be deemed to be a child of the deceased for the purpose of this 
Act, if:
    (i) Legitimated by a subsequent marriage of the parents,
    (ii) Recognized as a child of the deceased by his or her admission, 
or
    (iii) So declared by an order or decree of any court of competent 
jurisdiction.

[[Page 49856]]

    Husband means the surviving male spouse of a deceased prisoner of 
war or of a deceased civilian American citizen who was married to the 
deceased at the time of her death by a marriage valid under the 
applicable law of the place entered into.
    Natural guardian means father and mother who shall be deemed to be 
the natural guardians of the person of their minor children. If either 
dies or is incapable of action, the natural guardianship of the person 
shall devolve upon the other. In the event of death or incapacity of 
both parents, then the blood relative, paternal or maternal, standing 
in loco parentis to the minor shall be deemed the natural guardian.
    Parent means:
    (1)(i) The natural or adoptive father or mother of a deceased 
prisoner of war, or any other individual standing in loco parentis to 
the deceased person for a period of not less than 1 year immediately 
preceding the date of that person's entry into active service and 
during at least 1 year of the person's minority. Not more than one 
mother or one father as defined shall be recognized in any case. An 
individual will not be recognized as standing in loco parentis if the 
natural parents or adoptive parents are living, unless there is 
affirmative evidence of abandonment and renunciation of parental duties 
and obligations by the natural or adoptive parent or parents prior to 
entry into active service by the deceased prisoner or war;
    (ii) An award in the full amount allowable had the deceased 
prisoner of war survived may be made to only one parent when it is 
shown that the other parent has died or if there is affirmative 
evidence of abandonment and renunciation of parental duties and 
obligations by the other parent.
    (2) The father of an illegitimate child will not be recognized as 
such for purposes of the Act unless evidence establishes that:
    (i) He has legitimated the child by subsequent marriage with the 
mother;
    (ii) Recognized the child as his by written admission prior to 
enlistment of the deceased in the armed forces or entry into an 
overseas duty status; or
    (iii) Prior to death of the child he has been declared by decree of 
a court of competent jurisdiction to be the father.
    Widow means the surviving female spouse of a deceased prisoner of 
war or a deceased civilian American citizen who was married to the 
deceased at the time of his death by marriage valid under the 
applicable law of the place where entered into.

PART 506--ELIGIBILITY REQUIREMENTS FOR COMPENSATION

Subpart A--Civilian American Citizens
Sec.
506.1  ``Civilian American citizen'' defined.
506.2  Other definitions.
506.3  Rate of benefits payable.
506.4  Survivors entitled to award of detention benefits.
506.5  Persons not eligible to award of civilian detention benefits.
Subpart B--Prisoners of War
506.10  ``Vietnam conflict'' defined.
506.11  ``Prisoner of war'' defined.
506.12  Membership in the Armed Forces of the United States; 
establishment of.
506.13  ``Armed Forces of the United States'' defined.
506.14  ``Force hostile to the United States'' defined.
506.15  Geneva Convention of August 12, 1949.
506.16  Failure to meet the conditions and requirements prescribed 
under the Geneva Convention of August 12, 1949.
506.17  Rate of and basis for award of compensation.
506.18  Entitlement of survivors to award in case of death of 
prisoner of war.
506.19  Members of the Armed Forces of the United States precluded 
from receiving award of compensation.

    Authority: Sec. 2, Pub. L. 896, 80th Cong., as amended (50 
U.S.C. App. 2001).

Subpart A--Civilian American Citizens


Sec. 506.1  ``Civilian American citizen'' defined.

    Civilian American citizen means any person who, being then a 
citizen of the United States, was captured in Southeast Asia during the 
Vietnam conflict by any force hostile to the United States, or who went 
into hiding in Southeast Asia in order to avoid capture or internment 
by any such hostile force.


Sec. 506.2  Other definitions.

    Calendar month means the period of time between a designated day of 
any given month and the date preceding a similarly designated day of 
the following month.
    Citizen of the United States means a person who under applicable 
law acquired citizenship of the United States by birth, by 
naturalization, or by derivation.
    Dependent husband means the surviving male spouse of a deceased 
civilian American citizen who was married to the deceased at the time 
of her death by a marriage valid under the applicable law of the place 
where entered into.
    Force hostile to the United States means any organization or force 
in Southeast Asia, or any agent or employee thereof, engaged in any 
military or civil activities designed to further the prosecution of its 
armed conflict against the Armed Forces of the United States during the 
Vietnam conflict.
    Southeast Asia means, but is not necessarily restricted to, the 
areas of Vietnam, Laos, and Cambodia.
    Went into hiding means the action taken by a civilian American 
citizen when that person initiated a course of conduct consistent with 
an intention to evade capture or detention by a hostile force in 
Southeast Asia.


Sec. 506.3  Rate of benefits payable.

    Detention benefits awarded to a civilian American citizen will be 
paid at the rate of $150 for each calendar month of internment or 
during the period in which that civilian American citizen went into 
hiding to avoid capture and internment by a hostile force. Awards shall 
take account of fractional parts of a calendar month.


Sec. 506.4  Survivors entitled to award of detention benefits.

    In case of death of a civilian American citizen who would have been 
entitled to detention benefits under the War Claims Act of 1948, as 
amended, benefits will be awarded, if claim is made, only to the 
following persons:
    (a) Widow or husband if there is no child or children of the 
deceased;
    (b) Widow or dependent husband and child or children of the 
deceased, one-half to the widow or dependent husband and the other half 
to the child or children in equal shares;
    (c) The child or children of the deceased in equal shares if there 
is no widow or dependent husband, if otherwise qualified.


Sec. 506.5  Persons not eligible to award of civilian detention 
benefits.

    An individual is disqualified as a ``civilian American citizen'' 
under the Act, and thus is precluded from receiving an award of 
detention benefits, if that person:
    (a) Voluntarily, knowingly, and without duress, gave aid to or 
collaborated with or in any manner served the detaining hostile force; 
or
    (b) While detained, was a regularly appointed, enrolled, enlisted, 
or inducted member of the Armed Forces of the United States.

Subpart B--Prisoners of War


Sec. 506.10  ``Vietnam conflict'' defined.

    Vietnam conflict refers to the period beginning February 28, 1961, 
and ending on a date to be determined by

[[Page 49857]]

Presidential proclamation or concurrent resolution of the Congress. 
(For purposes of determining eligibility for certain veterans' 
benefits, the President has proclaimed the date of May 7, 1975, to be 
the ending date of the ``Vietnam era'' (Presidential Proclamation No. 
4373, 38 U.S.C. 101 note). In addition, Congress has set May 7, 1975, 
as the ending date of the ``Vietnam conflict'' for purposes of payment 
of interest on missing military service members' deposits in the United 
States Treasury under 10 U.S.C. 1035. However, neither the President 
nor the Congress has set an ending date for the Vietnam conflict for 
purposes of determining eligibility for compensation under 50 U.S.C. 
App. 2004 and 2005.)


Sec. 506.11  ``Prisoner of war'' defined.

    Prisoner of war means any regularly appointed, enrolled, enlisted 
or inducted member of the Armed Forces of the United States who was 
held by any force hostile to the United States for any period of time 
during the Vietnam conflict.


Sec. 506.12  Membership in the Armed Forces of the United States; 
establishment of.

    Regular appointment, enrollment, enlistment or induction in the 
Armed Forces of the United States must be established by certification 
obtained from the Department of Defense.


Sec. 506.13  ``Armed Forces of the United States'' defined.

    Armed Forces of the United States means the United States Air 
Force, Army, Navy, Marine Corps and Coast Guard, and commissioned 
officers of the U.S. Public Health Service who were detailed for active 
duty with the Armed Forces of the United States.


Sec. 506.14  ``Force hostile to the United States'' defined.

    Force hostile to the United States means any organization or force 
in Southeast Asia, or any agent or employee thereof, engaged in any 
military or civil activities designed to further the prosecution of its 
armed conflict against the Armed Forces of the United States during the 
Vietnam conflict.


Sec. 506.15  Geneva Convention of August 12, 1949.

    The Geneva Convention of August 12, 1949, as identified in section 
6(f) of the War Claims Act of 1948, as amended, is the ``Geneva 
Convention Relative to the Treatment of Prisoners of War of August 12, 
1949'' which is included under the ``Geneva Convention of August 12, 
1949, for the Protection of War Victims,'' entered into by the United 
States and other governments, including the former government in North 
Vietnam which acceded to it on June 28, 1957.


Sec. 506.16  Failure to meet the conditions and requirements prescribed 
under the Geneva Convention of August 12, 1949.

    For the purpose of this part, obligations under the Geneva 
Convention of August 12, 1949, consist of the responsibility assumed by 
the contracting parties thereto with respect to prisoners of war within 
the meaning of the Convention, to comply with and to fully observe the 
provisions of the Convention, and particularly those articles relating 
to food rations of prisoners of war, humane treatment, protection, and 
labor of prisoners of war, and the failure to abide by the conditions 
and requirements established in such Convention by any hostile force 
with which the Armed Forces of the United States were engaged in armed 
conflict.


Sec. 506.17  Rate of and basis for award of compensation.

    (a) Compensation allowed a prisoner of war during the Vietnam 
conflict under section 6(f)(2) of the War Claims Act of 1948, as 
amended, will be paid at the rate of $2 per day for each day on which 
that person was held as prisoner of war and on which the hostile force, 
or its agents, failed to furnish the quantity and quality of food 
prescribed for prisoners of war under the Geneva Convention of August 
12, 1949.
    (b) Compensation allowed a prisoner of war during the Vietnam 
conflict under section 6(f)(3) of the Act, will be paid at the rate of 
$3 per day for each day on which that person was held as a prisoner of 
war and on which the hostile force failed to meet the conditions and 
requirements under the provisions of the Geneva Convention of August 
12, 1949 relating to labor of prisoners of war or for inhumane 
treatment by the hostile force by which such person was held.
    (c) Compensation under paragraphs (a) and (b) of this section will 
be paid to the prisoner of war or qualified applicant on a lump-sum 
basis at a total rate of $5 per day for each day the prisoner of war 
was entitled to compensation. Sec. 506.18 Entitlement of survivors to 
award in case of death of prisoner of war.
    In case of death of a prisoner of war who would have been entitled 
to an award of compensation under section 6(f) (2) and (3) of the War 
Claims Act of 1948, as amended, the compensation will be awarded, if 
claim is made, only to the following persons:
    (a) Widow or husband if there is no child or children of the 
deceased;
    (b) Widow or husband and child or children of the deceased, one-
half to the widow or husband and the other half to the child or 
children of the deceased in equal shares;
    (c) Child or children of the deceased (in equal shares) if there is 
no widow or husband; and
    (d) Parents (in equal shares) if there is no widow, husband or 
child.


Sec. 506.19  Members of the Armed Forces of the United States precluded 
from receiving award of compensation.

    Any member of the Armed Forces of the United States, who at any 
time, voluntarily, knowingly, and without duress gave aid to or 
collaborated with, or in any manner served any force hostile to the 
United States, is precluded from receiving an award of compensation 
based on that member's capture and internment.

PART 507--PAYMENT

Sec.
507.1   Payments under the War Claims Act of 1948, as amended by 
Pub. L. 91-289.
507.2   Payments to persons under legal disability.
507.3   Reissuance of awards.

    Authority: Sec. 2, Pub. L. 80-896, as amended (50 U.S.C. App. 
2001).


Sec. 507.1  Payments under the War Claims Act of 1948, as amended by 
Public Law 91-289.

    (a) Upon a determination by the Commission as to the amount and 
validity of each claim filed pursuant to section 5(i) and 6(f) of the 
War Claims Act of 1948, as amended, any award made thereunder will be 
certified by the Commission to the Secretary of the Treasury for 
payment out of funds appropriated for this purpose, in favor of the 
civilian internee or prisoner of war found entitled thereto.
    (b) Awards made to survivors of deceased civilian internees or 
prisoners of war will be certified to the Secretary of the Treasury for 
payment to the individual member or members of the class or classes of 
survivors entitled to receive compensation in the full amount of the 
share to which each survivor is entitled, and if applicable, under the 
procedure set forth in Sec. 507.3, except that as to persons under 
legal disability, payment will be made as specified in Sec. 507.2.


Sec. 507.2  Payments to persons under legal disability.

    Any awards or any part of an award payable under sections 5(i) and 
6(f) of the Act to any person under legal disability may, in the 
discretion of the

[[Page 49858]]

Commission, be certified for payment for the use of the claimant, to 
the natural or legal guardian, committee, conservator or curator, or if 
there is no natural or legal guardian, committee, conservator or 
curator, then, in the discretion of the Commission, to any person, 
including the spouse of such person, or the Chief Officer of the 
hospital in which the claimant may be a patient, whom the Commission 
may determine is charged with the care of the claimant. In the case of 
a minor, any part of the amount payable may, in the discretion of the 
Commission, be certified for payment to that minor.


Sec. 507.3  Reissuance of awards.

    Upon the death of any claimant entitled to payment of an award, the 
Commission will cause the award to be canceled and the amount of the 
award will be redistributed to the survivors of the same class or to 
members of the next class of eligible survivors, if appropriate, in the 
order of preference as set forth under the Act.

PART 508--HEARINGS

Sec.
508.1   Basis for hearing.
508.2   Request for hearing.
508.3   Notification to claimant.
508.4   Failure to file request for hearing.
508.5   Purpose of hearing.
508.6   Resume of hearing, preparation of.
508.7   Action by the Commission.
508.8   Application of other regulations.

    Authority: Sec. 2, Pub. L. 896, 80th Cong., as amended (50 
U.S.C. App. 2001).


Sec. 508.1  Basis for hearing.

    Any claimant whose application is denied or is approved for less 
than the full allowable amount of his or her claim will be entitled to 
a hearing before the Commission or its representative with respect to 
that claim. Hearings may also be held on the Commission's own motion.


Sec. 508.2  Request for hearing.

    Within 30 days after the Commission's notice of denial of a claim, 
or approval for a lesser amount than claimed, has been posted by the 
Commission, the claimant, if a hearing is desired, must notify the 
Commission in writing, and must set forth in full the reasons for 
requesting the hearing, including any statement of law or facts upon 
which the claimant relies.


Sec. 508.3  Notification to claimant.

    Upon receipt of such a request, the Commission will schedule a 
hearing and notify the claimant as to the date and place the hearing is 
to be held. No later than 10 days prior to the scheduled hearing date, 
the claimant must submit all documents, briefs, or other additional 
evidence relevant to his or her appeal.


Sec. 508.4  Failure to file request for hearing.

    The failure to file a request for a hearing within the period 
specified in Sec. 509.2 of this chapter will be deemed to constitute a 
waiver of right to a hearing and the decision of the Commission will 
constitute a full and final disposition of the case.


Sec. 508.5  Purpose of hearing.

    (a) Hearings will be conducted by the Commission, its designee or 
designees. Oral testimony and documentary evidence, including 
depositions that may have been taken as provided by statute and the 
rules of practice, may be offered in evidence on claimant's behalf or 
by counsel for the Commission designated by it to represent the public 
interest opposed to the allowance of an unjust or unfounded claim or 
portion thereof, and either may cross-examine as to evidence offered 
through witnesses on behalf of the other. Objections to the admission 
of any such evidence will be ruled upon by the presiding officer.
    (b) Hearings may be stenographically recorded either at the request 
of the claimant or at the discretion of the Commission. A claimant 
making such a request must notify the Commission at least 10 days prior 
to the hearing date. When a stenographic record of a hearing is ordered 
at the claimant's request, the cost of such reporting and transcription 
may be charged to the claimant.
    (c) Such hearings will be open to the public.


Sec. 508.6  Resume of hearing, preparation of.

    Following each hearing, the hearing officer will prepare a resume 
of the hearing, specifying the issues on which the hearing was based, 
and including a list of documents and contents and other items relative 
to the issues that were introduced as evidence. A brief analysis of 
oral testimony will also be prepared and included in the resume of each 
hearing not stenographically reported.


Sec. 508.7  Action by the Commission.

    After the conclusion of the hearing and a review of the resume, the 
Commission may affirm, modify, or reverse its former action with 
respect to the claim, including a denial or reduction in the amount of 
the award theretofore approved. All findings of the Commission 
concerning the persons to whom compensation is payable, and the amounts 
thereof, are conclusive and not reviewable by any court.


Sec. 508.8  Application of other regulations.

    To the extent they are not inconsistent with the regulations set 
forth under provisions of this subchapter, the other regulations of the 
Commission will also be applicable to the claims filed hereunder.

SUBCHAPTER C--RECEIPT, ADMINISTRATION, AND PAYMENT OF CLAIMS UNDER THE 
INTERNATIONAL CLAIMS SETTLEMENT ACT OF 1949, AS AMENDED, AND RELATED 
ACTS

PART 509--FILING OF CLAIMS AND PROCEDURES THEREFOR

Sec.
509.1   Time for filing.
509.2   Form, content and filing of claims.
509.3   Exhibits and documents in support of claim.
509.4   Acknowledgment and numbering.
509.5   Procedure for determination of claims.
509.6   Hearings.
509.7   Presettlement conference.

    Authority: Sec. 3, Pub. L. 455, 81st Cong., as amended (22 
U.S.C. 1622).


Sec. 509.1  Time for filing.

    Claims must be filed as specified by the Commission by duly 
promulgated notice published in the Federal Register, or as specified 
in legislation passed by Congress, as applicable.


Sec. 509.2  Form, content and filing of claims.

    (a) Unless otherwise specified by law, or by regulations published 
in the Federal Register, claims must be filed on official forms, which 
will be provided by the Commission upon request in writing addressed to 
the Commission at its office at 600 E Street, NW, Suite 6002, 
Washington, DC 20579. Each form must include all of the information 
called for in it and must be completed and signed in accordance with 
the instructions accompanying the form.
    (b) Notice to the Foreign Claims Settlement Commission, the 
Department of State, or any other governmental office or agency of an 
intention to file a claim against a foreign government, prior to the 
enactment of the statute authorizing a claims program, prior to a 
referral of claims to the Commission by the Secretary for pre-
adjudication, or prior to the effective date of a lump-sum claims 
settlement agreement, will not be considered as a timely filing of a 
claim under the statute, referral, or agreement.
    (c) Any initial written indication of an intention to file a claim 
received within 30 days prior to the expiration of the filing period 
thereof will be considered as a timely filing of a claim if formalized 
within 30 days after the expiration of the filing period.

[[Page 49859]]

Sec. 509.3  Exhibits and documents in support of claim.

    (a) Original documents. If available, all exhibits and documents 
must be filed with and at the same time as the claim, and must, 
wherever possible, be in the form of original documents, or copies or 
originals certified as such by their public or other official 
custodian.
    (b) Documents in a foreign language. Each copy of a document, 
exhibit or paper filed, which is written or printed in a language other 
than English, must be accompanied by an English translation thereof 
duly verified under oath by its translator to be a true and accurate 
translation thereof, together with the name and address of the 
translator.
    (c) Preparation of papers. All claims, briefs, and memoranda filed 
shall be typewritten or printed and, if typewritten, must be on 
business letter (8\1/2\"  x  11") size paper.


Sec. 509.4  Acknowledgment and numbering.

    The Commission will acknowledge the receipt of a claim in writing 
and will notify the claimant of the claim number assigned to it, which 
number must be used on all further correspondence and papers filed with 
regard to the claim.


Sec. 509.5  Procedure for determination of claims.

    (a) The Commission may on its own motion order a hearing upon any 
claim, specifying the questions to which the hearing shall be limited.
    (b) Without previous hearing, the Commission or a designated member 
of the staff may issue a Proposed Decision in determination of a claim. 
This Proposed Decision will set forth findings of fact and conclusions 
of law on the relevant elements of the claim, to the extent that 
evidence and information relevant to such elements is before the 
Commission. The claimant will have the burden of proof in submitting 
evidence and information sufficient to establish the elements necessary 
for a determination of the validity and amount of his or her claim.
    (c) The Proposed Decision will be delivered to the claimant or the 
claimant's attorney of record in person or by mail. Delivery by mail 
will be deemed completed 5 days after the mailing of the Proposed 
Decision addressed to the last known address of the claimant or the 
claimant's attorney of record. A copy of the Proposed Decision will be 
available for public inspection at the offices of the Commission, 
except in cases where public disclosure of the names of claimants is 
barred by statute.
    (d) It will be the policy of the Commission to post on a bulletin 
board and on its World Wide Web site (http://www.usdoj.gov/fcsc), any 
information of general interest to claimants before the Commission.
    (e) When the Proposed Decision denies a claim in whole or in part, 
the claimant may file notice of objection to the denial within 15 days 
of delivery of the decision. If the claimant wishes to appear at an 
oral hearing before the Commission to present his or her objection, the 
claimant must request the oral hearing at the time of submission of his 
or her objection, stating the reasons for objection, and may request a 
hearing on the claim, specifying whether for the taking of evidence or 
for oral argument on the legal issues which are the subject of the 
objection.
    (f) Copies of objections to or requests for hearings on Proposed 
Decisions will be available for public inspection at the Commission's 
offices.
    (g) Upon the expiration of 30 days after delivery to the claimant 
or claimant's attorney, if no objection under this section has in the 
meantime been filed, a staff Proposed Decision, upon approval by the 
Commission, will become the Commission's final determination and 
decision on the claim. A Proposed Decision issued by the Commission 
will become final 30 days after delivery to the claimant or the 
claimant's attorney without further order or decision by the 
Commission.
    (h) If an objection has in the meantime been filed, but no hearing 
requested, the Commission may, after due consideration thereof:
    (1) Issue a Final Decision affirming or modifying its Proposed 
Decision,
    (2) Issue an Amended Proposed Decision, or
    (3) On its own motion order hearing thereon, indicating whether for 
the taking of evidence on specified questions or for the hearing of 
oral arguments.
    (i) After the conclusion of a hearing, upon the expiration of any 
time allowed by the Commission for further submissions, the Commission 
may proceed to issue a Final Decision in determination of the claim.
    (j)(1) In case an individual claimant dies prior to the issuance of 
the Final Decision, that person's legal representative will be 
substituted as party claimant. However, upon failure of a 
representative to qualify for substitution, the Commission may issue 
its decision in the name of the estate of the deceased and, in case of 
an award, certify the award in the same manner to the Secretary of the 
Treasury for payment, if the payment of the award is provided for by 
statute.
    (2) Notice of the Commission's action under this paragraph will be 
forwarded to the claimant's attorney of record, or if the claimant is 
not represented by an attorney, the notice will be addressed to the 
estate of the claimant at the last known place of residence.
    (3) The term legal representative as applied in this paragraph 
means, in general, the administrator or executor, heir(s), next of kin, 
or descendant(s).
    (k) After the date of filing with the Commission no claim may be 
amended to reflect the assignment thereof by the claimant to any other 
person or entity except as otherwise provided by statute.
    (l) At any time after a final Decision has been issued on a claim, 
or a Proposed Decision has been entered as the Final Decision on a 
claim, but not later than 60 days before the completion date of the 
Commission's affairs in connection with the program under which such 
claim is filed, a petition to reopen on the ground of newly discovered 
evidence may be filed. No such petition will be entertained unless it 
appears therein that the newly discovered evidence came to the 
knowledge of the party filing the petition subsequent to the date of 
issuance of the Final Decision or the date on which the Proposed 
Decision was entered as the Final Decision; that it was not for want of 
due diligence that the evidence did not come sooner to the claimant's 
knowledge; and that the evidence is material, and not merely 
cumulative, and that reconsideration of the matter on the basis of that 
evidence would produce a different decision. The petition must include 
a statement of the facts which the petitioner expects to prove, the 
name and address of each witness, the identity of documents, and the 
reasons for failure to make earlier submission of the evidence.


Sec. 509.6  Hearings.

    (a) Hearings, whether upon the Commission's own motion or upon 
request of claimant, will be held upon not less than fifteen days' 
notice of the time and place thereof.
    (b) The hearings will be open to the public unless otherwise 
requested by claimant and ordered by the Commission, or when required 
by law.
    (c) The hearings will be conducted by the Commission, its designee 
or designees. Oral testimony and documentary evidence, including 
depositions that may have been taken as provided by statute and the 
rules of practices, may be offered in evidence on the claimant's behalf 
or by counsel for the Commission designated by it to

[[Page 49860]]

represent the public interest opposed to the allowance of any unjust or 
unfounded claim or portion thereof; and either may cross-examine as to 
evidence offered through witnesses on behalf of the other. Objections 
to the admission of any such evidence will be ruled upon by the 
presiding officer.
    (d) The hearings will be conducted as non-adversarial proceedings. 
However, the claimant will be the moving party, and will have the 
burden of proof on all issues involved in the determination of his or 
her claim.
    (e) Hearings may be stenographically reported or electronically 
recorded, either at the request of the claimant or upon the discretion 
of the Commission. A claimant making such a request must notify the 
Commission at least ten (10) days prior to the hearing date. When a 
stenographic record or transcript of a hearing is ordered at the 
claimant's request, the cost of the reporting and transcription will be 
charged to the claimant.
    (f) The following rules of procedure will apply in the conduct of 
hearings held by the Commission for presentation of objections to 
Proposed Decisions:
    (1) Presentation of Objections to Proposed Decisions
    (i) Objections should focus either on the presentation of new 
evidence, or on the presentation of arguments demonstrating that, in 
the claimant's view, the Commission erred in considering the evidence 
previously submitted. Restatements of facts, evidence or materials 
already established in the record should be avoided.
    (ii) The Chief Counsel of the Commission or designated staff 
attorney will first introduce the objecting claimant and any witnesses 
to the Commission, and will then present a brief summary of the case, 
together with reasons supporting the decision as issued.
    (iii) The objecting claimant and all witnesses will be sworn.
    (iv) The objecting claimant, or the claimant's attorney, will then 
present the claimant's objections to the Commission, specifically 
setting forth the basis for the claimant's disagreement with the 
Proposed Decision, and the reasons supporting the claimant's contention 
that a more favorable decision should be rendered. Claimants will 
normally be limited to fifteen (15) minutes for their presentation of 
objections, but may request additional time if needed.
    (v) Following presentation of the claimant's objection, the Chief 
Counsel or designated staff attorney will be allotted an equivalent 
amount of time to question the claimant and the claimant's witnesses 
with respect to the testimony and other evidence presented in support 
of the objection.
    (vi) The objecting claimant or the claimant's attorney, and the 
Chief Counsel or designated staff attorney, will then be allotted up to 
five (5) minutes each for follow-up or rebuttal.
    (vii) The Chair and Commissioners may direct questions to the 
objecting claimant and the claimant's attorney, and to the Chief 
Counsel or designated staff attorney, at any time during the 
proceedings described in the foregoing.
    (viii) The foregoing provisions may be modified at the discretion 
of the Chair as circumstances may require.
    (ix) At the conclusion, the Chair will inform the participants that 
the Commission will take the matter under advisement, and that a 
written Final Decision disposing of the objection will issue in due 
course.
    (2) Submission to Questioning/Conduct of Proceedings
    (i) Presentation of the claimant's objection by the objecting 
claimant or the claimant's attorney, and of follow-up and rebuttal by 
the claimant or the claimant's attorney and by the Chief Counsel or 
designated staff attorney, must be directed to the Commission. Verbal 
exchanges between the objecting claimant or the claimant's attorney, 
and the Chief Counsel or designated staff attorney, will be limited to 
questions and answers during the questioning phase of the proceeding 
described in paragraph (f)(1)(v) of this section, unless otherwise 
necessary for clarification or exchange of documents.
    (ii) Professional conduct and courtesies of the kind normally 
accorded in appellate judicial proceedings must be observed in all 
appearances and proceedings before the Commission.


Sec. 509.7  Presettlement conference.

    The Commission on its own motion or initiative, or upon the 
application of a claimant for good cause shown, may direct that a 
presettlement conference be held with respect to any issue involved in 
a claim.

John R. Lacey,
Chairman.
[FR Doc. 01-24399 Filed 9-28-01; 8:45 am]
BILLING CODE 4410-BA-P