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Subtitle A-Department of Health,
Education, and Welfare
Part 4 5 6 7 8
9 10 12
30 35 40
Service of process.
and public health purposes.
lic health, and civil defense purposes.
Department of Health, Education, and Welfare.
Health, Education, and Welfare-effectuation of Title VI of the Civil
Rights Act of 1964.
70 73 80
PART 4-SERVICE OF PROCESS
Title II of the Social Security Act.
Subpart - Procedures for Requesting Access to
tive order to be kept secret in the
personnel rules and practices of the
disclosure by statute.
nancial information obtained from
randums or letters which would not
party in litigation with the agency.
llar files the disclosure of which
ranted invasion of personal privacy.
forcement purposes except to the
examination, operating, or condition
tion and data (including maps) con-
Subpart G—Administrative Review
AUTHORITY: The provisions of this Part 5
SOURCE: The provisions of this part 5 ap-
PART 5-AVAILABILITY OF INFOR-
MATION TO THE PUBLIC PURSUANT
Subpart BWhat Records Are Available
models, equipment, or processing mate
rials; or formulae, designs, drawings, or $ 5.1 Act.
other items of valuable property; books, As used in this part, "Act" means magazines, pamphlets, or other refersection 552 of Title 5, United States ence material in formally organized and Code, as amended by Public Law 90-23, officially designated libraries of the Decodifying the Act of July 4, 1966, some- partment, which are available under the times referred to as the "Public Infor- rules of the particular library concerned. mation Act".
Subpart B-What Records Are $ 5.2 Department.
Available As used in this part, "Department"
$ 5.11 Purpose and scope. means the Department of Health, Education, and Welfare, which consists of This part constitutes the regulation of the Office of the Secretary and the
the Department respecting the availabilseveral operating agencies.
ity to the public, pursuant to the Act,
of records of the Department. It informs $ 5.3 Operating agency.
the public about what records are availAs used in this part, “operating able and where and how they may be agency" means the constituent operating obtained. It does not revoke, modify, or agencies of the Department, i.e., the Pub- supersede the following regulations of lic Health Service, the Office of Educa- operating agencies: tion, the Social Security Administration,
Social Security Administration-20 CFR Part the Social and Rehabilitation Service
401. and the Food and Drug Administration. Food and Drug Administration-21 CFR Part (32 F.R. 14895, Oct. 27, 1967]
Public Health Service-42 CFR Part 1, and $ 5.4 Heads of Office of Secretary and Saint Elizabeths Hospital, NIMH, PHS-42 operating agencies.
CFR Part 301. The heads of the Office of the Secre
(32 F.R. 9315, June 30, 1967, as amended at tary and the operating agencies are the
32 F.R. 14895, Oct. 27, 1967) following:
$ 5.12 General policy. Office of the Secretary-Secretary of Health, The Department's policy is one of the Education, and Welfare.
fullest responsible disclosure limited only Public Health Service-Surgeon General. Office of Education Commissioner of Edu
by the obligations of confidentiality and cation.
the administrative necessities recognized Social Security Administration-Commis
by the Act. Unless otherwise exempted sioner of Social Security.
from disclosure pursuant to law, records Social and Rehabilitation Service-Admin- of the Department shall be available for
istrator, Social and Rehabilitation Service. inspection and copying in accordance Food and Drug Administration Commis- with this part. The establishment of recsioner of Food and Drugs.
ords search and copying services in (32 F.R. 14895, Oct. 27, 1967)
especially designated centers shall sup8 5.5 Records.
plement, and in no way curtail, the free
access of public inquirers throughout the As used in this part: (a) "Record" includes books, bro
Department. chures, punch cards, magnetic tapes,
§ 5.13 Records available. paper tapes, sound recordings, maps, (a) Publication in the Federal Regpamphlets, photographs, slides, motion ister. The following shall be published in pictures, or other documentary mate- the FEDERAL REGISTER: rials, regardless of physical form or (1) Descriptions of the Department's characteristics, made or received by the central and field organization and the Department in pursuant of Federal law established places at which, the officers or in connection with the transaction of from whom, and the methods whereby, public business and preserved by the the public may secure information, make Department as evidence of the organiza- submittals or requests, or obtain decition, functions, policies, decisions, pro- sions; cedures, operations, programs, or other (2) Statements of the general course activities.
and method by which the Department's (b) "Record” does not include: Ob- functions are channeled and determined, jects or articles such as tangible exhibits, including the nature and requirements
of all formal and informal procedures 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 unger subsection (b) of the Act and Subpart F of this part.
§ 5.14 Published documents.
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 identifying details have 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,