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Subtitle A-Department of Health,

Education, and Welfare

General Administration

Service of process.

Availability of information to the public pursuant to Public Law 90–23.

Inventions and patents (general).

Part

4

5

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Employee inventions.

8

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02

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

Use of HEW research facilities by academic scientists, engineers, and students.
Departmental Fellowship Review Panel.

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

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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.

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

Interchange of personnel with States.

Volunteer services.

60 Federal financial assistance for noncommercial educational radio and tele

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vision broadcast facilities.

Standards for a merit system of personnel administration.

Federal interagency day care requirements.

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.

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

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

PART 4-SERVICE OF PROCESS § 4.1 Service of process required to be served on or delivered to Secretary. (a) Summons, complaints, subpoenas, and other process which are required to be served on or delivered to the Secretary of Health, Education, and Welfare shall be delivered to the Deputy General Counsel, the Secretary to the Deputy General Counsel, or the Secretary to the General Counsel, Office of the General Counsel, 330 Independence Avenue SW., Washington, D.C. 20201. The persons above designated are authorized to accept service of such process.

(5 U.S.C. 301) [34 F.R. 555, Jan. 15, 1969]

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Sec. 5.70 5.71

Subpart F-Exemptions

Exemptions.
Records specifically required by Execu-
tive order to be kept secret in the
interest of the national defense or
foreign policy.

5.72 Records relating solely to the internal personnel rules and practices of the Department.

5.73 Records specifically exempted from disclosure by statute.

5.74 Trade secrets and commercial or fi

nancial information obtained from any person and privileged or confidential. 5.75 Interagency or intraagency memorandums or letters which would not be available by law to a private party in litigation with the agency. 5.76 Personnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy. 5.77 Investigatory files compiled for law enforcement purposes except to the extent available by law to a private party. 5.78 Records contained in or related to examination, operating, or condition reports prepared by, on behalf of, or for the use of the Department or any operating agency responsible for the regulation or supervision of filnancial institutions.

5.79 Geological and geophysical information and data (including maps) concerning wells.

Subpart G-Administrative Review

Review of denial of a record.

5.12

General policy.

5.13

Records available.

5.14

5.15 Creation of records.

5.80

5.16 Deletion of identifying details.

5.81

5.17 Records in record centers.

Time for initiation of request for review.

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By whom review is made.

Contents of request for review.

Consideration on review.

Decisions on review.

Appendix A-Examples of kinds of exempt records.

AUTHORITY: The provisions of this Part 5 issued under 81 Stat. 54; 7 U.S.C. 2243, 5 U.S.C. 552.

SOURCE: The provisions of this Part 5 appear at 32 F.R. 9315, June 30, 1967, unless otherwise noted.

Subpart A-Definitions

§ 5.1 Act.

As used in this part, "Act" means section 552 of Title 5, United States Code, as amended by Public Law 90-23, codifying the Act of July 4, 1966, sometimes referred to as the "Public Information Act".

§ 5.2 Department.

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 Consumer Protection and Environmental Health Services, the Health Services and Mental Health Administration, the National Institutes of Health, the Office of Education, the Social Security Administration, and the Social and Rehabilitation Service. Three operating agencies, the Consumer Protection and Environmental Health Services, the Health Services and Mental Health Administration, and the National Institutes of Health, constitute the Public Health Service. [33 F.R. 18030, Dec. 4, 1968]

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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

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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 the Public Health Service, of the operating agencies or of subsidiaries of operating agencies:

Public Health Service-42 CFR Part 1.
Food and Drug Administration, CP&EHS,
PHS 21 CFR Part 4.

St. Elizabeths Hospital, NIMH, PHS-42 CFR
Part 300.

Social Security Administration-20 CFR Part 401.

Bureau of Federal Credit Unions, SSA-45 CFR Part 320.

[33 F.R. 18030, Dec. 4, 1968] § 5.12 General policy.

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 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,

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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.

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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, and Welfare Records Management Manual).

§ 5.19 Records of other departments and agencies.

Requests for records which originated in or concern matters which originated in another Department or Government agency may be forwarded to the Department or agency primarily concerned and the requester so notified.

Subpart C-Where Information
Centers Are Located

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Health Services, Public Health Service (for the Food and Drug Administration).

Health Services and Mental Health Administration, Public Health Service.

have as its primary goal the provision, as far as practicable, of information service covering the programs and activities of the Department.

(b) The Department maintains an Information Center or information facilities in each of its Regional Offices as follows:

Region I-John F. Kennedy Federal Building, Boston, Mass. 02203.

Region II-42 Broadway, New York, N.Y. 10004.

Region III-220 Seventh Street NE., Charlottesville, Va. 22901.

Region IV-50 Seventh Street NE., Atlanta, Ga. 30323.

Region V-New Post Office Building, 433 West Van Buren Street, Chicago, Ill. 60607.

Region VI-601 East 12th Street, Kansas City, Mo. 64106.

Region VII-1114 Commerce Street, Dallas, Tex. 75202.

Region VIII-Federal Office Building, 19th and Stout Streets, Denver, Colo. 80202. Region IX-Federal Office Building, 50 Fulton Street, San Francisco, Calif. 94102.

(c) Centers are maintained for the Office of the Secretary and the operating agencies, or subsidiaries thereof, at the following locations:

HEW North Building, 330 Independence Ave-
nue SW., Washington, D.C. 20201.
Federal Office Building No. 8, 200 C Street
SW., Washington, D.C. 20204.

HEW South Building, 330 C Street SW., Washington, D.C. 20201.

St. Elizabeths Hospital, National Institute of Administration Building, St. Elizabeths Hos

Mental Health, Public Health Service.

Office of Education___.

Social Security Administration_...

Social and Rehabilitation Services___

(d) The operating agencies may establish such other information centers as they may hereafter determine. Upon the establishment of such additional center(s) the operating agency shall publish in the FEDERAL REGISTER a notice thereof, containing the address thereof, materials to be maintained therein, and the official who has a like responsibility to that of the Information Center Offcers provided for in § 5.32 or § 5.53.

[32 FR. 9315, June 30, 1967, as amended at 32 F.R. 14895, Oct. 27, 1967; 33 F.R. 18030, Dec. 4, 1968]

pital, Nichols Avenue beyond Anacostia
Avenue SE., Washington, D.C. 20032.
Federal Office Building No. 6, 400 Maryland
Avenue SW., Washington, D.C. 20202.

Social Security Building, 6401 Security Boule-
vard, Baltimore, Md. 21235 (as set forth in
20 CFR Part 401).

HEW North Building, 330 Independence Avenue SW., Washington, D.C. 20201.

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