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Subtitle A-Department of Health,

Education, and Welfare
General Administration

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Service of process.

Availability of information to the public pursuant to Public Law 90-23.
Inventions and patents (general).

Employee inventions.

Inventions resulting from research grants, fellowship awards, and contracts
for research.

Use of facilities by students and other qualified individuals.
Departmental Fellowship Review Panel.

Disposal and utilization of surplus real property for educational purposes
and public health purposes.

Allocation and utilization of surplus personal property for educational, public health, and civil defense purposes.

Minimum standards of operation for State agencies for surplus property.

Vending stands for the blind on Federal property in the custody of the
Department of Health, Education, and Welfare.

Claims collection.

Tort claims against the Government.

Reimbursement for damage or destruction of personal belongings of officers and employees.

U.S. exchange visitor program-requests for waiver of foreign residence requirements.

Interchange of personnel with states.

Federal financial assistance for noncommercial educational television broadcast facilities.

Standards for a merit system of personnel administration.

Standards of conduct.

Nondiscrimination in Federally-assisted programs of the Department of
Health, Education, and Welfare-effectuation of Title VI of the Civil
Rights Act of 1964.

81 Practice and procedure for hearings under Part 80 of this Title.

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Control of air pollution from new motor vehicles and new motor vehicle engines.

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As used in this part, "Department" means the Department of Health, Education, and Welfare, which consists of the Office of the Secretary and the several operating agencies.

§ 5.3 Operating agency.

As used in this part, "operating agency" means the constituent operating agencies of the Department, i.e., the Public Health Service, the Office of Education, the Social Security Administration, the Social and Rehabilitation Service and the Food and Drug Administration. [32 F.R. 14895, Oct. 27, 1967]

§ 5.4 Heads of Office of Secretary and operating agencies.

The heads of the Office of the Secretary and the operating agencies are the following:

Office of the Secretary-Secretary of Health, Education, and Welfare.

Public Health Service-Surgeon General. Office of Education-Commissioner of Education.

Social Security Administration-Commissioner of Social Security.

Social and Rehabilitation Service-Administrator, Social and Rehabilitation Service. Food and Drug Administration-Commissioner of Food and Drugs.

[32 F.R. 14895, Oct. 27, 1967] § 5.5 Records.

As used in this part:

(a) "Record" includes books, brochures, punch cards, magnetic tapes, paper tapes, sound recordings, maps, pamphlets, photographs, slides, motion pictures, or other documentary materials, regardless of physical form or characteristics, made or received by the Department in pursuant of Federal law or in connection with the transaction of public business and preserved by the Department as evidence of the organization, functions, policies, decisions, procedures, operations, programs, or other activities.

(b) "Record" does not include: Objects or articles such as tangible exhibits,

models, equipment, or processing materials; or formulae, designs, drawings, or other items of valuable property; books, magazines, pamphlets, or other reference material in formally organized and officially designated libraries of the Department, which are available under the rules of the particular library concerned. Subpart B-What Records Are Available

§ 5.11 Purpose and scope.

This part constitutes the regulation of the Department respecting the availability to the public, pursuant to the Act, of records of the Department. It informs the public about what records are available and where and how they may be obtained. It does not revoke, modify, or supersede the following regulations of operating agencies:

Social Security Administration-20 CFR Part 401.

Food and Drug Administration-21 CFR Part 4.

Public Health Service 42 CFR Part 1, and Saint Elizabeths Hospital, NIMH, PHS 42 CFR Part 301.

[32 F.R. 9315, June 30, 1967, as amended at 32 F.R. 14895, Oct. 27, 1967]

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The Department's policy is one of the fullest responsible disclosure limited only by the obligations of confidentiality and the administrative necessities recognized by the Act. Unless otherwise exempted from disclosure pursuant to law, records of the Department shall be available for inspection and copying in accordance with this part. The establishment of records search and copying services in especially designated centers shall supplement, and in no way curtail, the free access of public inquirers throughout the Department.

§ 5.13 Records available.

(a) Publication in the Federal Register. The following shall be published in the FEDERAL REGISTER:

(1) Descriptions of the Department's 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;

(2) Statements of the general course and method by which the Department's functions are channeled and determined, including the nature and requirements

of all formal and informal procedures § 5.14 Published documents. available;

(3) Rules of procedures, 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;

(4) 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 Department;

(5) Every amendment, revision, or repeal of the foregoing.

(b) Agency opinions and orders. The Department shall, in accordance with this part and applicable regulations, make available for public inspection and copying:

(1) All final opinions (including concurring and dissenting opinions) and all orders made in the adjudication of cases (initial decisions and reconsiderations thereof in matters that are not the result of administrative proceedings such as hearings or formal appeals-for example, initial decisions and reconsiderations on claims for benefits-are not "opinions and orders in the adjudication of cases");

(2) Those statements of policy and interpretations which have been adopted by the agency and are not published in the FEDERAL REGISTER;

(3) Administrative staff manuals and instructions to staff that affect any member of the public;

unless such materials are promptly published and copies offered for sale.

The Department shall maintain and make available for public inspection and copying current indexes providing identifying information for the public as to any matter which is issued, adopted, or promulgated after July 4, 1967, and which is required by this paragraph (b) to be published or made available.

(c) Availability of records on request. In addition to the records made available pursuant to paragraphs (a) and (b) of this section, the Department shall, upon request for identifiable records made in accordance with this part, make such records available to any person, unless it is determined that such records must be withheld from disclosure and are exempt under subsection (b) of the Act and Subpart F of this part.

Published records of the Department, whether or not available for purchase, shall be made available for examination in or through the appropriate Information Centers.

§ 5.15 Creation of records.

Records are not required to be created by compiling selected items from the files, and records are not required to be created to provide the requester with such data as ratios, proportions, percentages, per capitas, frequency distributions, trends, correlations, and comparisons. If such data have been compiled and are available in the form of a record, the record shall be made available as provided in this part.

§ 5.16 Deletion of identifying details.

Whenever any final opinion, order, or other materials required to be made available pursuant to subsection (a) (2) of the Act relates to a private party or parties and the release of the name or names or other identifying details will constitute a clearly unwarranted invasion of personal privacy, the record shall be published or made available with such identifying details left blank, or shall be published or made available with obviously fictitious substitutes and with a notification such as the following as a preamble:

Names of parties and certain other identihave fying details been removed [and fictitious names substituted] in order to prevent a clearly unwarranted invasion of the personal privacy of the individuals involved.

§ 5.17 Records in record centers.

When a request is made for identifiable records of the Department which have been stored in the National Archives or other record centers of the General Services Administration, but would otherwise be available under this Act, such records shall be requested by the Department for the requester.

§ 5.18

Destroyed records.

Records of specified form or character are destroyed after the lapse of time specified in the Records Disposal Act of 1943 (44 U.S.C. 366-380), the Federal Property Management Regulations (41 CFR Part 101-111), and the Records Control Schedules (Appendices A and B of the Department of Health, Education,

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