(3) Disclose or disclosure means making information available, on request, for examining and copying, or furnishing a copy of the information.

(4) Personnel record means a record listed in chapter 293, subchapter 1.

(5) Parties concerned means the Government employee or former Government employee involved in a proceeding, his representative designated in writing, and the representative of the agency involved in the proceeding.

(6) Information controlled by the Commission means information which is established and regulated under authority of the Commission.

1-3. POLICY AND SCOPE

a. General policy. Subject to the provisions in this chapter, the Commission and other Federal agencies shall make information available to the public unless its disclosure would constitute a clearly unwarranted invasion of personal privacy or is prohibited under law or Executive order or the information is in the form of internal memoranda, letters, or manuals and its disclosure would interfere with the performance of the functions of the Commission. The Commission reserves the right to make exceptions to the general policy in a particular instance giving due weight to the right of the public to know and the particular governmental or individual interest involved.

b. Scope. This chapter provides general policy and guidelines on the disclosure of information.

1-4. GENERAL RESPONSIBLITY FOR DISCLOSING INFORMATION

a. Commission responsibility. The Civil Service Commission is responsible for disclosing or withholding information that is in its physical custody or under its control. The physical custody of some of the Commission's personnel information (its own records) such as the Official Personnel Folder, retirement files, and medical records has been delegated to agencies until an employee separates from the Federal service. Also by other statutes and Executive orders the Commission has the authority and the responsibility to establish and regulate other personnel records which are in the physical custody of other Federal agencies. These records are under the control of the Commission. These authorities and records are listed in chapter 293, subchapter 1, along with those records owned by the Commission. b. Agency responsibility. An agency is responsible for disclosing or withholding information in its possession (its own records) and, in addition, under the provisions in this chapter, shall disclose or withhold information that is owned or controlled by the Commission, but is in the physical custody of the agency. An agency that has physical custody of information is considered to have paramount interest in it. Therefore an agency has paramount interest in a personnel record as long as the person identified in the record is employed by that agency. Accordingly, an agency with paramount interest should initially respond to any request for information from a personnel record, and no action on the request will be taken in the Commission until that agency's views are known.

c. Dual responsibility for safeguarding information. The Commission and other Government agencies share the responsibility for safeguarding information whether it is maintained manually or by a computer. Each agency must be sure that unauthorized persons do not get to the information either accidentally or intentionally, to disclose it, amend it, or to just look at it. In addition, many items that are private information about an employee are needed to satisfy the Federal Manpower Information System which is built around the computer; therefore, proper systems design, special programming techniques, and communications security devices will be essential to protect this information.

1-5. TIME AND PLACE WHERE INFORMATION MAY BE OBTAINED

Each agency shall have instructions for its personnel and the public governing the availability of information in an agency's possession. These instructions must state the time and place where information will be available for disclosure, and set up procedures to be followed in event of a complaint or appeal regarding the disclosing or withholding of information. An employee of the Commission or other Government agency who withholds information has the responsibility of justifying the withholding. This can be done, if necessary, by showing that the information is exempted under this chapter and the Commission's regulations as authorized by section 552 of title 5, United States Code. If the information is to be obtained by a subpena, the procedures in section 1-8 of this subchapter shall apply.

a. Obtaining information from agencies other than the Commission. (1) Time and place. A request for information from an agency may be made in writing or orally and at the time and places specified in each individual agency's regulations. (2) Advisory opinion from the Commission. An agency may refer a request for information to the Civil Service Commission for advice, if the request is from a source not covered by the guides in this chapter or if the proper course of action is not clear. A request for advice from the Commission should be directed to the appropriate bureau or staff office as indicated in appendix A to this chapter.

b. Obtaining information from the Commission. (1) Time for obtaining. A request for information from the Civil Service Commission in accordance with this chapter may be made in writing or orally during business hours on a regular business day to the appropriate bureau or staff office of the Commission. Appendix A contains a list of the Commission offices for this purpose and the subject-matter covered. (2) Place for examining information in the Commission. The Commission's bureau or staff office concerned with the specific information will advise an inquirer where he may examine and copy, or where he may obtain copies of, information that may be disclosed to him or, when necessary, advise him of the nonavailability of the information and the reason that it is not available. A request for information in the Commission on a subject not specifically covered in this chapter should be directed to the Office of Public Affairs, United States Civil Service Commission, Washington, D.C. 20415. That office will assist an inquirer in obtaining the information requested, or advise him where or to whom he should go to get the information or, when necessary, advise him of the nonavailability of the information and the reason that it is not available.

(3) Procedure for complaints in the Civil Service Commission. In the event of a difference between an employee of the Commission and a member of the public concerning the availability or disclosure of information, the head of the Commission bureau or staff office concerned with the subject information will refer the matter through the Director, Office of Public Affairs, to the Executive Director. The decision of the Executive Director shall be in writing and shall state the reasons for his decision. The Executive Director's decision is the final administrative action of the Commission.

1-6. CHARGES FOR INFORMATION

a. Agency authority. The head of each agency has the authority under section 483a of title 31, United States Code, to establish any fee, price, or charge for information furnished a member of the public which he determines to be fair and equitable, taking into consideration the direct and indirect cost to the Government, value to the recipient, public policy or interest served, and other pertinent facts. Guidance for setting fees for making information available to those who request it is in Bureau of the Budget Circular No. A-25, and in part 294 of the Commission's regulations. The Commission's guides on user charges to the public are as stated in paragraph b of this section.

b. Commission policy. (1) Upon request from a member of the public, the Commission will furnish free of charge:

(a) A reasonable quantity of information that has been printed, or is otherwise available, for free public consumption.

(b) Other information available for disclosure to the public which can be furnished either free or at a nominal cost.

(2) When information other than that in paragraphs b(1)(a) and (b) of this section is requested and is available to the public, the Commission furnishes a copy of it at a fair and equitable fee. In determining the fair and equitable fee, the Commission considers the full cost of research, reproduction, assembly, and authentication. The Commission collects the fee before it furnishes any copies, except when the fee cannot be set in advance. In the latter case the requester pays an estimated fee in advance and an appropriate adjustment is made at the time the information is delivered to him.

1-7. IDENTIFICATION OF INFORMATION REQUESTED

a. Identifiable record. A member of the public who requests information in accordance with this chapter shall provide a reasonably specific description of the information sought so that it may be located without undue search or inquiry. Information that is requested but is not identified by a reasonably specific description by the requester is not an identifiable record, and the agency may deny the request. For example, a member of the public who requests information

from an Official Personnel Folder under subchapter 7, or from an appeal or complaint file under subchapter 8 of this chapter must identify the folder or file by the person's name. The burden of identification is with the person requesting the information as Congress, in enacting the Freedom of Information Act, did not intend to authorize fishing expeditions.

b. Responsibility for identifying information. While the person who requests information is responsible for identifying it, Government employees who work closely with and have superior knowledge of the contents of their records, files, and other types of information should use this knowledge to facilitate rather than to hinder the handling of requests for information.

1-8. OFFICIAL CUSTODIAN OF INFORMATION

a. Subpena. (1) Official responsible for replying to a subpena. A court may request information in an agency's possession including that specified in section 1-4a of this subchapter, and it may order the production of information withheld from a person. Therefore, for this purpose and for the reasons stated in section 1-5 of this subchapter concerning procedures for appeals and complaints, an agency should name one of its employees as official custodian of its official records. The employee should be one who can make the final agency decision if a person files a complaint with the agency or a court because of the agency's refusal to disclose to him certain information, or if the information is subpenaed or sought through other judicial order; that is, any instrument enforceable by law.

(2) Custodian of official records in the Commission. In the Civil Service Commission the Executive Assistant to the Commissioners has official custody of the official records of the Commission. A subpena or other judicial order for an official record of the Commission, except as provided in paragraph b of this section, should be served on the Executive Assistant to the Commissioners. If a subpena or other judicial order for an official record is served on an employee of the Commission other than the Executive Assistant to the Commissioners, the employee shall immediately inform the General Counsel of the Commission who shall advise the employee what he should do.

b. Agency responding to subpena. (1) Production of all employment records. An official in an agency responding to a subpena for the production of all employment records (payroll, leave, medical examination, or other personnel records) should first remove any documents in the files that are restricted against release by this chapter and part 294 of the Commission's regulations. The remainder of the files may be taken to court to satisfy the subpena, and the official responsible should be prepared to explain his lack of authority to disclose the removed documents in accordance with these instructions and the Commission's regulations. A United States Attorney will assist an agency in defending the withholding of restricted information and when restricted information is subpenaed, arrangements with the appropriate United States Attorney's office should be made before the Government official appears in court.

(2) Subpena for a specific document. Response to a subpena for production of a particular document or a specific portion of a file is not a complicated matter, because once the document has been identified, an agency can readily determine whether it may be disclosed under the Commission's regulations.

(3) Subpena for deposition. When a Government official responds to a subpena for deposition, he should remove any restricted documents in the file which has been subpenaed and leave them in his office. This procedure is recommended because the deposition is not before a judge who can consider a plea of nondisclosure, and no Assistant United States Attorney is present to assist in withholding any documents. If a Government employee is asked whether the entire file has been produced, he should explain for the record why certain documents have been omitted. The employee may also give a general description of the documents that are withheld. If the attorney who issued the subpena decides that the documents that have been omitted should be produced, he must take the matter to the court where the Government can defend the withholding. This procedure applies regardless of the source of the subpena: Local, State, or Federal court.

(4) Subpena for the Official Personnel Folder. If a subpena or other judicial order for an Official Personnel Folder is served on a Federal employee in an agency, he shall disclose only the information that is allowed under the Commission's regulations and the instructions in this chapter. The responsible official of the agency may reply to the subpena as indicated in paragraph b of this section without submitting the subpena or the Official Personnel Folder to the Civil Serv

ice Commission, except as indicated in paragraph b(5) of this section. All papers and documents in the Official Personnel Folder are covered by the exemptions in section 552(b) of title 5, United States Code, and may be considered as being excluded from unrestricted release in the same manner as those documents specifically designated as restricted in their release by the Commission's regulations. The facts in each individual case would control the release.

(5) Submission of subpena to the Commission.

(a) When to submit. In an unusual situation in which the subpena is for information prohibited from disclosure under part 294, such as medical examinations, records or information obtained under a pledge of confidence, or records relating to loyalty or security, the responsible official who receives the subpena shall immediately forward it and the Official Personnel Folder containing the information subpenaed to the General Counsel, United States Civil Service Commission, Washington, D.C. 20415.

(b) Request for postponement of appearance in court. The Government official who receives a subpena for information of the type described in paragraph b(5) (a) of this section shall inform the person who applied for the subpena that the subpena and the information sought have been sent to the Civil Service Commission pursuant to this instruction. If necessary, the employee should request a postponement of the scheduled appearance.

1-9. INFORMATION FROM RECORDS OF DECEASED EMPLOYEES

a. Right to disclose. An employee, former employee, applicant, or annuitant has a right to control the disclosure of certain personal information in his Official Personnel Folder. On the death of the employee (former employee, applicant, or annuitant), this right passes to the executor or administrator of his estate, or, in the absence of an executor or administrator, to his next of kin.

b. Agency responding to request. Normally, a request for information from the Official Personnel Folder of a deceased employee would be received and responded to by the Federal Personnel Records Center in St. Louis, Missouri. However, any Federal agency that has a deceased employee's Official Personnel Folder may release information from it in response to a request, provided evidence is submitted to establish that the requester has the right under this section to receive the information requested.

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SUBCHAPTER 4. MEDICAL INFORMATION

4-1. DISCLOSURE OF MEDICAL INFORMATION

a. Disclosure of medical information by the Commission. The Commission discloses medical information as provided in this subchapter and chapter 339, and the disclosure is made to the same sources and under the same conditions as specified for other Government agencies in paragraph b below.

b. Disclosure of medical information by other Government agency. The Commission has delegated authority to the agencies to disclose information from those medical records which belong to the Civil Service Commission (medical records about entrance qualification, fitness for duty, or those otherwise filed in the Official Personnel Folder). Medical information shall be disclosed in accordance with this section and section 1-4, chapter 339.

(1) Information available to the public. Medical information about an applicant, employee, or annuitant is not made available to the public by the Commission or other Government agency. However, in response to a subpena or with written authorization from the person concerned, medical information may be made available to a member of the public under the conditions in section 1-4 of chapter 339.

(2) Disclosure to applicant, employee, or annuitant. Medical information about an applicant, employee, or annuitant may be disclosed by the Commission or other Government agency to the applicant, employee, or annuitant or a representative designated in writing, except that medical information concerning a mental or other condition of such a nature that a prudent physician would hesitate to inform a person suffering from it of its exact nature and probable outcome may be disclosed only to a licensed physician designated in writing for that purpose by the person or his designated representative.

(3) Information available to Federal agencies. There is no restriction on the exchange of medical information between Federal agencies. A request for medical information from another Federal agency that is interested in hiring an employee should be answered promptly with all available information. The information must be protected from improper disclosure while en route.

SUBCHAPTER 5. EXAMINATIONS AND RELATED MATERIALS

5-1. EXAMINATIONS

a. Information available to the public. The Commission makes information available to members of the public that will assist them in understanding the purpose of, and in preparing for, civil service examinations. The Commission discloses to the public the type of questions and the categories of knowledge or skill pertinent to a particular examination. Test material is not available to the public. The test papers of a competitor are disclosed to him only during the examination. Each Government employee entrusted with test material has a positive duty to protect the confidentiality of that material. (See subchapter S3 and S4, chapter 337.)

b. Release of names of applicants or eligibles. (1) The names of applicants for civil service positions or eligibles on civil service registers, certificates, employment lists, or other lists of eligibles, or their ratings or relative standings on registers are not information available to the public.

(2) The names, position titles, grades, salaries, and duty stations of persons selected from a register can be made available after they actually become Federal employees. The names of employees appointed from specific examination lists are not routinely compiled. The necessary investigation to verify that each person has actually entered on duty as an employee is too costly a process to be routinely undertaken.

5-2. EXAMINATION PAPERS AND RELATED MATERIALS

a. Examination papers in the Official Personnel Folder. Information about or in examination papers, qualifications questionnaires, and related material attached to the examination papers, which are filed in the Official Personnel Folder may not be released outside the agencies covered in part 293 of the Commission's regulations. The qualifications questionnaires obtained in the examining process are obtained on the Commission's assurance that the information furnished will be maintained in confidence; that it will be inspected only by the Commission, the agency to which the applicant's name may be certified, and personnel authorized to review the Commission's investigative material (see FPM chapters 332 and 337). SUBCHAPTER 6. INVESTIGATIONS

6-1. INVESTIGATIVE REPORTS

a. Disclosure of investigative information to parties concerned. (1) In appeal proceedings. The Commission or other Government agency will disclose to the parties concerned any report of investigation under its control, or an extract of the report, to the extent that the report is involved in a proceeding under part 352, 353, 771, or 772 of the Commission's regulations. Also, the Commission or an agency may disclose the report of investigation or a written summary of the investigation in a proceeding under part 713 of the regulations. No investigative report or extract thereof will be disclosed in an appeal proceeding when the disclosure would be a violation of the medical disclosure requirements of section 4–1 of this chapter.

(2) In adverse actions. One of the basic principles in adverse action proceedings is that there be no secrets. The investigative report or extract thereof that an agency relies on as a basis for an adverse action must be available to the appellant and his representative for review (see FPM chapter 752), except when the disclosure would violate the medical disclosure requirements of subchapter 4. In its own investigation of adverse actions appealed to the Commission, the Commission accepts testimony only on a nonconfidential basis, and shows the entire investigative record to the parties concerned in an appeal prior to the holding of a hearing.

(3) In suitability rating actions. The Commission, in suitability rating actions under part 731 of the regulations, will disclose to an applicant, eligible, or ap