525 Market Street, 23rd Floor, San Francisco, Califonia 94105.

Federal Office Building, 26th Floor 915 Second Avenue, Seattle, Washington 98174.

(d) If a request for information is made to an Office group or office that does not have possession of the information, that group or office will promptly forward the request to the appropriate group or office and will notify the requester that it has done so. However, for purposes of applying the time limits in section 552 of title 5, United States Code, the request will not be considered received until it arrives in the group or office having possession of the requested information.

(e) Information, and the office to be contacted for such information, published and offered for sale, or available to the public of examining and copying, for the convenience of the public or pursuant to section 552, title 5. United States Code, subsection (a), paragraph (2) is found in the Office's index required by that paragraph.

(f) A request for information on a subject matter not specifically referred to in this paragraph or in the index, should be directed to:

Management Support Division, Office of Management, Office of Personnel Management, 1900 E Street, N.W., Washington, D.C. 20415.

§ 294.106 Procedures for obtaining information.

(a) A request for information under section 552 of title 5, United States Code, may be made personally or in writing. Requests may be made by letter directed to the groups and offices of the office in § 294.105 or in person at the addresses listed in that section during business hours on a regular business day.

(b) Each request for information under section 552 of title 5, United States Code, should be clearly and prominently identified by means of a legend on the first page, such as "Freedom of Information Request." In addition, if sent by mail or otherwise submitted in an envelope or other cover, the outside should be clearly and prominently marked "FOI" or "Freedom of Information."

(c) A request under this part should reasonably describe the information being requested by including relevant data such as name, number, date, subject, title of publication or other identifying particulars sufficient to enable the information to be identified and located. Requests for information contained in personnel records from persons other than the individual to whom the record pertains will be processed subject to §§ 294.103(b)(6) and 831.106(a).

(1) Requests for information from Official Personnel Folders and similar files should contain such information as: name, date of birth, Social Security Account Number, agency where employed, and, if not presently employed, approximate dates of the most recent Federal employment. If presently employed, requests should be directed to the employing agency.

(2) Requests for information from investigatory files should contain: name, date and place of birth, and Social Security Account Number.

(3) Requests for information concerning the results of examinations should include name, date of birth, Social Security Account Number, and identification number together with date, place, and time of examination.

(d) If a request is for materials that have been published and are offered for sale, e.g., by the Superintendent of Documents, the requester will be advised of the appropriate group or office in the office where the materials may be reviewed and the location where the materials may be purchased.

(e) The Office will, except in unusual circumstances, make a determination to disclose or deny the requested information within ten working days after receipt of the request (excluding Saturdays, Sundays, and holidays) and shall notify the requester immediately of its determination and the fees required, if any, prescribed by § 294.107.

§ 294.107 Service charges for information.

(a) Reasonable quantities of information that have been printed or otherwise reproduced by the Office for the purpose of making it available to the public without charge, shall be

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furnished to a member of the public free of charge.

(b) Information made available to the public, other than that described in paragraph (a) of this section, may be furnished subject to exaction of a fair fee. The fee shall be paid by check or money order made payable to the Office of Personnel Management.

(c) Schedule of Fees. When a request is made for information under section 552 of title 5, United States Code, the Office will charge fees for searching and duplicating the information at the rates shown in the following schedule:

(d) Unless the request specifically states that whatever cost is involved will be acceptable, or acceptable up to a specified amount which is sufficient to cover anticipated costs, a request that can reasonably be expected to involve assessed fees in excess of $5 will be deemed not received until the requester, after prompt notification of the anticipated cost of the request, agrees to bear it.

(e) When the anticipated fees exceed $50, a deposit of 20 percent of the amount anticipated must be made within 30 days after the requester is advised of that fact. Requested information will not be released until the deposit is received.

(f) Charges will be assessed in cases of unproductive or unsuccessful searches unless waived by the appropriate Office official. Services performed that are not required under the Freedom of Information Act, such as formal certification of records as true copies, may be subject to charges under the Federal User Charge Statute (31 U.S.C. 483a) or other applicable statutes, depending upon the services performed.

[44 FR 33041, June 8, 1979, as amended at 45 FR 78999, Nov. 28, 1980]

§ 294.108 Appeal of a denial of information.

(a) In the event of a disagreement concerning the availability or disclosure of information between a member of the public and an employee of the Office or an employee of another agency having custody of information controlled by the Office and authority to deny disclosure of such information, the requester may ask for reconsideration of the denial. The request shall be addressed to the General Counsel, Office of Personnel Management, 1900 E Street, N.W., Washington, D.C. 20415, within ten working days after the requester receives notification of the denial. The General Counsel shall, except in unusual circumstances, notify the requester of the decision within 20 working days (excluding Saturdays, Sundays, and holidays) after receipt of the request for reconsideration. The request to the General Counsel is the only administrative appeal within the Office and the decision on appeal exhausts the administrative remedies within the Office. If the General Counsel upholds in whole or in part the denial of the request for records, the written notice shall inform the person making the request of the provisions for judicial review of that determination.

§ 294.109 Custody of information; subpenas.

(a) The Chief, Management Support Division, Office of Management, has official custody of the official records of the Office. A subpena or other judicial order for an official record from the Office should be served on the: Chief, Management Support Division, Office of Management, Office of Personnel Management, 1900 E Street, N.W., Washington, D.C. 20415.

(b) If a subpena or other judicial order for an official record is served on an employee of the Office other than the Chief, Management Support Division, Office of Management, the employee shall immediately inform the General Counsel of the Office who shall advise the employee accordingly.

(c) (1) If a subpena or other judicial order for information contained in an

Official Personnel Folder in the physi. cal custody of a Government agency other than the Office is served on a Government employee responsible for the Folder, the employee shall disclose such information as is allowed under this part. After producing the original documents for inspection by the court or counsel, the employee must not leave them with the court, but must retain them, and obtain permission of the court to substitute certified or facsimile copies for the court record.

(2) In an unusual situation or a situation in which information not available under this part is sought, the Government employee who receives the subpena shall immediately forward it and the Official Personnel Folder containing the information sought to the: General Counsel, Office of Personnel Man agement, Washington, D.C. 20415.

The Government employee shall inform the person who applied for the subpena that the subpena and the information sought have been sent to the Office pursuant to this paragraph and, if necessary, request a postponement of the scheduled appearance.

§ 294.110 Deceased employees.

A right under this part to the disclosure of, and to control the disclosure of information personal to an employee, former employee, annuitant, or applicant passes after his death to the executor or administrator of his estate, or in the absence of an executor or administrator, to his next of kin.

Subpart B―The Public Information Function

§ 294.201 Public information policy.

(a) In addition to the basic policies of the Office relative to the disclosure of information when requested by a member of the public, the Office has an independent public information policy for bringing to the attention of the public through news releases, publications of the Office, or other methods, information concerning the functions of the Office as a Federal agency, and the programs administered by the Office.

(b) The Director. Office of Public Affairs, is responsible for the furtherance of the public information policy of the Office. In addition, each employee of the Office shall cooperate in carrying out this policy in accordance with the Administrative Manual.

Subpart C-Office Operations

§ 294.301 Policy and interpretations.

(a) Statements of Office policy and interpretations of the laws and regulations administered by the Office which have been adopted by the Office, whether or not published in the Federal Personnel Manual or the FEDERAL REGISTER, are information available to the public.

(b) Memoranda, correspondence, opinions, data, staff studies, information received in confidence, and similar documentary material, when prepared for the purpose of internal communication within the Office or between the Office and other agencies, organizations, or persons generally are not information available to the public.

(a) Medical information about an applicant, employee, or annuitant is not made available to the public by the Office or other Government agency.

(b) Medical information about an applicant, employee, or annuitant may be disclosed by the Office 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 individual or his designated representative.

(a) The Office makes information available to the public that will assist members of the public in understanding the purpose of, and in preparing for, civil service examinations. It makes information available to the public relative to the types of questions and the categories of knowledge or skill pertinent to a particular examination. The following materials are not available to the public: (1) Testing and examination materials used solely to determine individual qualifications; (2) test material, including test plans, item analysis data, criterion instruments, and other material the disclosure of which would compromise the objectivity of the testing process.

(b) Each employee entrusted with test material has a positive duty to protect the confidentiality of that material and to assure that it is released only as required to conduct an examination authorized by the Office.

(c) The applicant's answers in a written test may be reviewed by the applicant only in the presence of an employee of the Office in an appropriate office. The test booklet is not made available in connection with such review.

(d) Information concerning the results of examinations will be released only to the individual concerned, and to those parties explicitly designated by the individual.

(e) 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 are not information available to the public.

Subpart F-Investigations

§ 294.601 Investigative reports.

(a) The disclosure requirements of the Freedom of Information Act do not apply to matters that are specifically authorized under criteria established by an 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.

(b) Investigatory records compiled for law enforcement purposes are exempt, but only to the extent that the production of such records would (1) interfere with enforcement proceedings, (2) deprive a person of a right to a fair trial or impartial adjudiIcation, (3) constitute an unwarranted invasion of personal privacy, (4) 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, (5) disclose investigative techniques and procedures, or (6) endanger the life and physical safety of law enforcement personnel.

(c) All requests for investigative reports of investigations conducted by the Office of Personnel Management will be forwarded to the Deputy Associate Director for Personnel Investigations, Staffing Services, for processing. If the investigative file on the subject of investigation maintained by the Deputy Associate Director for Personnel Investigations contains investigatory information that originated in another agency, the Deputy Associate Director for Personnel Investigations will refer a copy of the subject's request to that agency for its decision concerning release of the investigatory information that originated in that agency. Copies of reports of investigation conducted by the Office of Personnel Management on the subject of investigation will be furnished upon request to the subject of investigation or to his or her representative designated in writing, with the exception of any material that is exempt from disclosure under paragraphs (a) and (b) of this section.

(d) The Office 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 the report is involved in a proceeding under Part 771 of this chapter except when the disclosure would violate the proscription against the disclosure of medical infor