Office of Administration FOIA Regulations

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[Code of Federal Regulations]
[Title 5, Volume 3, Parts 1200 to end]
[Revised as of January 1, 1997]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR2502]

[Page 385]
 
                   TITLE 5--ADMINISTRATIVE PERSONNEL
 
 CHAPTER XV--OFFICE OF ADMINISTRATION, EXECUTIVE OFFICE OF THE
PRESIDENT
 
PART 2502--AVAILABILITY OF RECORDS--Table of Contents


  Subpart A--Production or Disclosure of Records Under the Freedom of 
                      Information Act, 5 U.S.C. 552

Sec.

2502.1   Definitions.
2502.2   Purpose and scope.
2502.3   Organization and functions.
2502.4   Public reference facilities and current index.
2502.5   Records of other Agencies.
2502.6   How to request records--form and content.
2502.7   Initial determination.
2502.8   Prompt response.
2502.9   Responses--form and content.
2502.10  Appeals to the Deputy Director from initial denials.

                   Charges for Search and Reproduction

2502.11  Definitions.
2502.12  Fees to be charged--general.
2502.13  Fees to be charged--categories of requestors.
2502.14  Miscellaneous fee provisions.
2502.15  Waiver or reduction of charges.
2502.16  Information to be disclosed.
2502.17  Exemptions.
2502.18  Deletion of exempted information.
2502.19  Annual report.

 Subpart B--Production in Response to Subpoenas or Demands of Courts or 
                            Other Authorities

2502.30  Purpose and scope.
2502.31  Production prohibited unless approved by Deputy Director.
2502.32  Procedure in the event of a demand for disclosure.
2502.33  Procedure in the event of an adverse ruling.

    Authority: 5 U.S.C. 552, as amended by Pub. L. 93-502 and Pub. L. 
99-570.

    Source: 45 FR 47112, July 14, 1980, unless otherwise noted.

[Code of Federal Regulations]
[Title 5, Volume 3, Parts 1200 to end]
[Revised as of January 1, 1997]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR2502]

[Page 385-394]
 
                  TITLE 5--ADMINISTRATIVE PERSONNEL
 
 CHAPTER XV--OFFICE OF ADMINISTRATION, EXECUTIVE OFFICE OF THE
PRESIDENT
 
PART 2502--AVAILABILITY OF RECORDS--Table of Contents
 
Subpart A--Production or Disclosure of Records Under the Freedom of Information Act, 5
U.S.C. 552

Sec. 2502.1  Definitions.

    (a) Office or OA means the Office of Administration, Executive 
Office of the President;
    (b) Agency means agency as defined in 5 U.S.C. 552(e);
    (c) Workday means those days when the Office is open for the conduct 
of government business, and does not include Saturdays, Sundays and 
legal public holidays;
    (d) FOIA means Freedom of Information Act, 5 U.S.C. 552, as amended.

[45 FR 47112, July 14, 1980, as amended at 49 FR 28233, July 11, 1984]

Sec. 2502.2  Purpose and scope.

    This subpart contains the regulations of the Office of 
Administration, Executive Office of the President, implementing 5 U.S.C. 
552. The regulations of this subpart describe the procedures by which 
records may be obtained from all organizational units within the Office 
of Administration. Official records of the Office made available 
pursuant to the requirements of 5 U.S.C. 552 shall be furnished to 
members of the public only as prescribed by this subpart. To the extent 
that it is not prohibited by other laws the Office also will make 
available records which it is authorized to withhold under 5 U.S.C. 552 
whenever it determines that such disclosure is in the public interest.

[45 FR 47112, July 14, 1980. Redesignated at 49 FR 28233, July 11, 1984]

Sec. 2502.3  Organization and functions.

    (a) The Office of Administration (OA) was created by Reorganization 
Plan No. 1 of 1977 and Executive Order 12028. Its primary function is to 
provide common administrative and support services for the various 
agencies and offices of the Executive Office of the President. It 
consists of:

    (1) Office of the Director
    (2) Office of the Deputy Director
    (3) Office of the Executive Secretary
    (4) Office of the General Counsel
    (5) Six Directors and their staffs, who are responsible for the 
following divisions:
    (i) Administrative Operations
    (ii) Facilities Management
    (iii) Financial Management
    (iv) Information Resources Management
    (v) Library and Information Services
    (vi) Personnel Management
    (b) The Office has no field organization. Offices are presently 
located in the Old Executive Office Building, 17th

[[Page 386]]

and Pennsylvania Avenue NW., 20500, and in the New Executive Office 
Building, 725 17th Street NW., Washington, DC 20503. Regular office 
hours are from 9:00 a.m. to 5:30 p.m., Monday through Friday. Both 
buildings are under security control. Persons desiring access are 
encourged to make advance arrangements by telephone with the office they 
plan to visit.

[49 FR 28233, July 11, 1984; 49 FR 29769, July 24, 1984, as amended at 
56 FR 5741 and 5742, Feb. 13, 1991]

Sec. 2502.4  Public reference facilities and current index.

    (a) The Office maintains a public reading area located in the 
Executive Office of the President Library, Room G-102, New Executive 
Office Building, 725 17th Street NW., Washington, DC, and makes 
available for public inspection and copying a copy of all material 
required by 5 U.S.C. 552(a)(2), including all documents published by OA 
in the Federal Register and currently in effect.
    (b) The FOIA Officer or his or her designee shall maintain files 
containing all materials required to be retained by or furnished to the 
FOIA Officer under this subpart. The material shall be filed by 
chronological number of request within each calendar year, indexed 
according to the exceptions asserted, and, to the extent feasible, 
indexed according to the type of records requested.
    (c) The FOIA Officer shall also maintain a file open to the public, 
which shall contain copies of all grants or denials of appeals by the 
Office.

[49 FR 28233, July 11, 1984, as amended at 56 FR 5742, Feb. 13, 1991]

Sec. 2502.5  Records of other Agencies.

    Requests for records that originated in another Agency and are in 
the custody of the Office of Administration, will be referred to that 
Agency for processing, and the person submitting the request shall be so 
notified. The decision made by that Agency with respect to such records 
will be honored by the Office of Administration.

[45 FR 47112, July 14, 1980. Redesignated at 49 FR 28233, July 11, 1984]

Sec. 2502.6  How to request records--form and content.

    (a) A request made under the FOIA must be submitted in writing, 
addressed to: FOIA Officer, Office of Administration, 725 17th Street 
NW., Washington, DC 20503. The words ``FOIA REQUEST'' should be clearly 
marked on both the letter and the envelope. Due to security measures at 
the Old and New Executive Office Buildings, requests made in person 
should be delivered to Room G-1, at the above address.
    (b) Any Office employee or official who receives a FOIA Request 
shall promptly forward it to the FOIA Officer, at the above address. Any 
Office employee or official who receives an oral request made under the 
FOIA shall inform the person making the request of the provisions of 
this subpart requiring a written request according to the procedures set 
out herein.
    (c) Each request must reasonably describe the record(s) sought, 
including when known: Agency/individual originating the record, date, 
subject matter, type of document, location, and any other pertinent 
information which would assist in promptly locating the record(s).
    (d) When a request is not considered reasonably descriptive, or 
requires the production of voluminous records, or places an 
extraordinary burden on the Office of Administration, seriously 
interfering with its normal functioning to the detriment of the business 
of the Government, the Office may require the person or agent making the 
FOIA request to confer with an Office representative in order to attempt 
to verify, and, if possible, narrow the scope of the request.
    (e) Upon receipt of the FOIA request, the FOIA Officer will make an 
initial determination of which officials and offices may be involved in 
the search and reviewing procedures. The FOIA Officer will circulate the 
request to all offices so identified and any others the FOIA Officer 
later determines should be notified.

[49 FR 28233, July 11, 1984, as amended at 56 FR 5742, Feb. 13, 1991]

[[Page 387]]

Sec. 2502.7  Initial determination.

    The General Counsel or his or her designee shall have the authority 
to approve or deny requests received pursuant to these regulations. The 
decision of the General Counsel shall be final, subject only to 
administrative review as provided in Sec. 2502.10.

[45 FR 47112, July 14, 1980. Redesignated and amended at 49 FR 28234, 
July 11, 1984; 56 FR 5742, Feb. 13, 1991]

Sec. 2502.8  Prompt response.

    (a) The General Counsel or his or her designee shall either approve 
or deny a request for records within 10 working days after receipt of 
the request unless additional time is required for one of the following 
reasons:
    (1) It is necessary to search for, collect, and appropriately 
examine a voluminous amount of separate and distinct records which are 
demanded in a single request; or
    (2) It is necessary to consult with another agency having a 
substantial interest in the determination of the request or among two or 
more components of the agency having substantial subject matter interest 
therein.
    (b) When additional time is required for one of the reasons stated 
in paragraph (a) of this section, the General Counsel or his or her 
designee shall acknowledge receipt of the request within the 10 workday 
period and include a brief explanation of the reason for the delay, 
indicating the date by which a determination will be forthcoming. An 
extended deadline adopted for one of the reasons set forth above may not 
exceed 10 additional workdays.

[45 FR 47112, July 14, 1980. Redesignated and amended at 49 FR 28234, 
July 11, 1984]

Sec. 2502.9  Responses--form and content.

    (a) When a requested record has been identified and is available, 
the General Counsel or his or her designee shall notify the person 
making the request as to where and when the record is available for 
inspection or the copies will be available. The notification shall also 
advise the person making the request of any fees assessed under 
Sec. 2502.13 hereof.
    (b) A denial or partial denial of a request for a record shall be in 
writing signed by the General Counsel or his or her designee and shall 
include:
    (1) The name and title of the person making the determination;
    (2) A reference to the specific exemption under the Freedom of 
Information Act authorizing the withholding of the record, and a brief 
explanation of how the exemption applies to the record withheld; or
    (3) A statement that, after diligent effort, the requested records 
have not been found or have not been adequately examined during the time 
allowed by Sec. 2502.9, and that the denial will be reconsidered as soon 
as the search or examination is complete;
    (4) A statement that no agency records are responsive to the 
request.
    (5) A statement that the denial may be appealed to the Deputy 
Director within 30 days of receipt of the denial or partial denial.

If a requested record cannot be located from the information supplied, 
or is known to have been destroyed or otherwise disposed of, the person 
making the request shall be so notified and the legal authority for 
disposition shall be cited.

[45 FR 47112, July 14, 1980. Redesignated and amended at 49 FR 28234, 
July 11, 1984; 56 FR 5742, Feb. 13, 1991]

Sec. 2502.10  Appeals to the Deputy Director from initial denials.

    (a) When the General Counsel or his or her designee had denied a 
request for records in whole or in part, the person making the request 
may, within 30 days of its receipt, appeal the denial to the Deputy 
Director. The appeal must be in writing, addressed to the Deputy 
Director, Office of Administration, 725 17th Street NW., Washington, DC 
20503 and clearly labeled as a ``Freedom of Information Act Appeal''.
    (b) The Deputy Director will act upon the appeal within 20 workdays 
of its receipt. The Deputy Director may extend the 20 day period of time 
by any number of workdays which could have been claimed and consumed by 
the General Counsel or his or her designee under Sec. 2502.9 but which 
were not claimed and consumed in making the initial determination. The 
Office of Administration's action on an appeal shall be in

[[Page 388]]

writing, signed by the Deputy Director of the Office.
    (c) If the decision is in favor of the person making the request, 
the Deputy Director shall order records promptly made available to the 
person making the request.
    (d) A denial in whole or in part of a request on appeal shall set 
forth the exemption relied on and a brief explanation of how the 
exemption applied to the records withheld and the reasons for asserting 
it, if different from that described by the General Counsel or his or 
her designee under Sec. 2502.10. The denial shall state that the person 
making the request may, if dissatisfied with the decision on appeal, 
file a civil action in the district in which the person resides or has 
his principal place of business, in the district where the records are 
located, or in the District of Columbia.
    (e) No personal appearance, oral argument or hearing will ordinarily 
be permitted in connection with an appeal to the Office of 
Administration.
    (f) On appeal, the Office may reduce any fees previously assessed.

[45 FR 47112, July 14, 1980. Redesignated and amended at 49 FR 28234, 
July 11, 1984; 56 FR 5742, Feb. 13, 1991]

                   Charges for Search and Reproduction

Sec. 2502.11  Definitions.

    For the purpose of this part:
    (a) All the terms defined in the Freedom of Information Act apply.
    (b) A statute specifically providing for setting the level of fees 
for particular types of records (5 U.S.C. 552(a)(4)(vi)) means any 
statute that specifically requires a government agency, such as the 
Government Printing Office (GPO) or the National Technical Information 
Service (NTIS), to set the level of fees for particular types of 
agencies in order to:
    (1) Serve both the general public and private sector organizations 
by conveniently making available government information;
    (2) Ensure that groups and individuals pay the cost of publications 
and other services that are for their special use so that these costs 
are not borne by the general taxpaying public;
    (3) Operate an information dissemination activity on a self-
sustaining basis to the maximum extent possible; or
    (4) Return overdue revenue to the Treasury for defraying, wholly or 
in part, appropriated funds used to pay the cost of disseminating 
government information.

Statutes, such as the User Fee Statute, which only provide a general 
discussion of fees without explicitly requiring that an agency set and 
collect fees for particular documents do not supersede the Freedom of 
Information Act under section (a)(4)(A)(vi) of that statute.
    (c) The term direct costs means those expenditures that OA incurs in 
searching for and duplicating (and in the case of commercial requestors, 
reviewing) documents to respond to a FOIA request. Direct costs include, 
for example, the salary of the employee performing the work (the basic 
rate of pay for the employee plus 16 percent of that rate to cover 
benefits) and the cost of operating duplicating machinery. Not included 
in direct costs are overhead expenses such as costs of space, and 
heating or lighting the facility in which the records are stored.
    (d) The term search includes all time spent looking for material 
that is responsive to a request, including page-by-page or line-by-line 
identification of material within documents. OA employees should ensure 
that searching for material is done in the most efficient and least 
expensive manner so as to minimize costs for both the agency and the 
requestor. For example, employees should not engage in a line-by-line 
search when merely duplicating an entire document would prove the least 
expensive and quicker method of complying with a request. Search should 
be distinguished, moreover, from review of material in order to 
determine whether the material is exempt from disclosure (see paragraph 
(f) of this section). Searches may be done manually or by computer using 
existing programming.
    (e) The term duplication refers to the process of making a copy of a 
document necessary to respond to a FOIA request. Such copies can take 
the form of paper copy, microform, audio-visual materials, or machine 
readable (e.g. magnetic tape or disk), among others.

[[Page 389]]

The copy provided must be in a form that is reasonably usable by the 
requestors.
    (f) The term review refers to the process of examining documents 
located in response to a request that is for a commercial use (see 
paragraph (g) of this section) to determine whether any portion of any 
document located is permitted to be withheld. It also includes 
processing any documents for disclosure, (e.g., doing all that is 
necessary to excise them and otherwise prepare them for release). Review 
does not include time spent resolving general legal or policy issues 
regarding the application of exemptions.
    (g) The term `commercial use' request refers to a request from or on 
behalf of one who seeks information for a use or purpose that furthers 
the commercial, trade, or profit interests of the requestor or the 
person on whose behalf the request is made. In determining whether the 
requestor properly belongs in this category, OA must determine the use 
to which a requestor will put the documents requested. Moreover, where 
an OA employee has reasonable cause to doubt the use to which a 
requestor will put the records sought, or where that use is not clear 
from the request itself, the employee should seek additional 
clarification before assigning the request to a specific category.
    (h) The term educational institution refers to a preschool, a public 
or private elementary or secondary school, an institution of graduate 
higher education, an institution of undergraduate higher education, an 
institution of professional education, or an institution of vocational 
education, that operates a program or programs of scholarly research.
    (i) The term non-commercial scientific institution refers to an 
institution that is not operated on a commercial basis (as that term is 
referenced in paragraph (g) of this section) and that is operated solely 
for the purpose of conducting scientific research, the results of which 
are not intended to promote any particular product or industry.
    (j) The term representative of the news media refers to any person 
actively gathering news for an entity that is organized and operated to 
publish or broadcast news to the public. The term news means information 
that is about current events or that would be of current interest to the 
public. Examples of news media entities include television or radio 
stations broadcasting to the public at large, and publishers of 
periodicals (but only in those instances when they can qualify as 
disseminators of news) who make their products available for purchase 
and subscription by the general public. These examples are not intended 
to be all-inclusive. Moreover, as traditional methods of news delivery 
evolve (e.g., electronic dissemination of newspapers through 
telecommunications services), such alternative media would be included 
in this category. In the case of free lance journalists, they may be 
regarded as working for a news organization, if they can demonstrate a 
solid basis for expecting publication through that organization, even 
though not actually employed by it. A publication contract would be the 
clearest proof, but OA may also look to the past publication record of a 
requestor in making this determination.

[56 FR 5742, Feb. 13, 1991]

Sec. 2502.12  Fees to be charged--general.

    OA should charge fees that recoup the full allowable direct costs it 
incurs. Moreover, it shall use the most efficient and least costly 
methods to comply with requests for documents made under the FOIA. When 
documents that would be responsive to a request are maintained for 
distribution by agencies operating statutory-based fee schedule programs 
(see definition in Sec. 2502.11(b)), such as the NTIS, OA should inform 
requestors of the steps necessary to obtain records from those sources.
    (a) Manual searches for records. OA will charge at the salary 
rate(s) (i.e., basic pay plus 16 percent) of the employee(s) making the 
search.
    (b) Computer searches for records. OA will charge at the actual 
direct cost of providing this service. This will include the cost of 
operating the central processing unit for that portion of operating time 
that is directly attributable to searching for records responsive to a 
FOIA request and operator/programmer salary apportionable to the search.

[[Page 390]]

    (c) Review of records. Only requestors who are seeking documents for 
commercial use may be charged for time spent reviewing records to 
determine whether they are exempt from mandatory disclosure. Charges may 
be assessed only for the initial review; i.e., the review undertaken the 
first time OA analyzes the applicability of a specific exemption to a 
particular record or portion of a record. Records or portions of records 
withheld in full under an exemption that is subsequently determined not 
to apply may be reviewed again to determine the applicability of other 
exemptions not previously considered. The costs for such a subsequent 
review are assessable.
    (d) Duplication of records. Records will be duplicated at a rate of 
$.15 per page. For copies prepared by computer such as tapes or 
printouts, OA shall charge the actual cost, including operator time, of 
production of the tape or printout. For other methods of reproduction or 
duplication, OA will charge the actual direct costs of producing the 
document(s). If OA estimates that duplication charges are likely to 
exceed $25.00, it shall notify the requestor of the estimated amount of 
fees, unless the requestor has indicated in advance his willingness to 
pay fees as high as those anticipated. Such a notice shall offer a 
requestor the opportunity to confer with agency personnel with the 
object of reformulating the request to meet his or her needs at a lower 
cost.
    (e) Other charges. OA will recover the full costs of providing 
services such as those enumerated below when it elects to provide them:
    (1) Certifying that records are true copies;
    (2) Sending records by special methods such as express mail.
    (f) Remittances shall be in the form of a personal check or bank 
draft drawn on a bank in the United States, or a postal money order. 
Remittances shall be made payable to the order of the Treasury of the 
United States and mailed or delivered to the FOIA Officer, Office of 
Administration, 725 17th Street, NW., Washington, DC 20503.
    (g) A receipt for fees paid will be given upon request. Refund of 
fees paid for services actually rendered will not be made.
    (h) Restrictions on assessing fees. With the exception of requestors 
seeking documents for a commercial use, OA will provide the first 100 
pages of duplication and the first two hours of search time without 
charge. Moreover, OA will not charge fees to any requestor, including 
commercial use requestors, if the cost of collecting a fee would be 
equal to or greater than the fee itself.
    (1) The elements to be considered in determining whether the ``cost 
of collecting a fee'' are the administrative costs of receiving and 
recording a requestor's remittance, and processing the fee for deposit 
in the Treasury Department's special account.
    (2) For purposes of these restrictions on assessment of fees, the 
word ``pages'' refers to copies of ``8\1/2\  x  11'' or ``11  x  14.'' 
Thus, requestors are not entitled to 100 microfiche or 100 computer 
disks, for example. A microfiche containing the equivalent of 100 pages 
or 100 pages of computer printout does meet the terms of the 
restriction.
    (3) Similarly, the term ``search time'' in this context has as its 
basis, manual search. To apply this term to searches made by computer, 
OA will determine the hourly cost of operating the central processing 
unit and the operator's hourly salary plus 16 percent. When the cost of 
a search (including the operator time and the cost of operating the 
computer to process the request) equals the equivalent dollar amount of 
two hours of the salary of the person performing the search, i.e., the 
operator, OA will begin assessing charges for a computer search.

[56 FR 5742, Feb. 13, 1991]

Sec. 2502.13  Fees to be charged--categories of requestors.

    There are four categories of FOIA requestors: commercial use 
requestors educational and non-commercial scientific institutions; 
representatives of the news media; and all other requestors. The 
specific levels of fees for each of these categories are:
    (a) Commercial use requestors. When OA receives a request for 
documents for commercial use, it will assess charges that recover the 
full direct costs of searching for, reviewing for release, and 
duplicating the record sought. Requestors must reasonably

[[Page 391]]

describe the records sought. Commercial use requestors are not entitled 
to two hours of free search time nor 100 free pages of reproduction of 
documents. OA may recover the cost of searching for and reviewing 
records even if there is ultimately no disclosure of records (see 
Sec. 2502.14).
    (b) Educational and non-commercial scientific institution 
requestors. OA shall provide documents to requestors in this category 
for the cost of reproduction alone, excluding charges for the first 100 
pages. To be eligible for inclusion in this category, requestors must 
show that the request is being made as authorized by and under the 
auspices of a qualifying institution and that the records are not sought 
for a commercial use, but are sought in furtherance of scholarly if the 
request is from an education institution) or scientific (if the request 
is from a non-commercial scientific institution) research. Requestors 
must reasonably describe the records sought.
    (c) Requestors who are representatives of the news media. OA shall 
provide documents to requestors in this category for the cost of 
reproduction alone, excluding charges for the first 100 pages. To be 
eligible for inclusion in this category, a requestor must meet the 
criteria in Sec. 2502.11(j), and his or her request must not be made for 
commercial use. In reference to this class of requestors a request for 
records supporting the news dissemination function of the requestor 
shall not be considered to be a request that is for a commercial use. 
Requestors must reasonably describe the records sought.
    (d) All other requestors. OA shall charge requestors who do not fit 
into any of the categories above fees that recover the full, reasonable, 
direct cost of searching for and reproducing the records that are 
responsive to the request, except that the first 100 pages and the first 
two hours of search time shall be furnished without charge. Moreover, 
requests for records about the requestors filed in OA's system of 
records will continue to be treated under the fee provisions of the 
Privacy Act of 1974 which permit fees only for reproduction. Requestors 
must reasonably describe the records sought.

[56 FR 5742, Feb. 13, 1991]

Sec. 2502.14  Miscellaneous fee provisions.

    (a) Charging interest--notice and rate. OA may begin assessing 
interest on an unpaid bill starting on the 31st day of the month 
following the date on which billing was sent. The fact that the fee has 
been received by OA within the thirty day grace period, even if not 
processed, will suffice to stay the accrual of interest. Interest will 
be at the rate prescribed in section 3717 of title 31 of the United 
States Code and will accrue from the date of billing.
    (b) Charges for an unsuccessful search. OA may assess charges for 
time spent searching, even if it fails to locate the records or if 
records located are determined to be exempt from disclosure. If OA 
estimates that search charges are likely to exceed $25.00, it shall 
notify the requestor of the estimated amount of fees, unless the 
requestor has indicated in advance his willingness to pay fees as high 
as those anticipated. Such a notice shall offer the requestor the 
opportunity to confer with agency personnel with the object of 
reformulating the request to meet his or her needs at a lower cost.
    (c) Aggregation results. A requestor may not file multiple requests 
at the same time, each seeking portions of a document or documents 
solely in order to avoid payment of fees. When OA reasonably believes 
that a requestor, or on rare occasions, a group of requestors acting in 
concert is attempting to break a request down into a series of requests 
for the purpose of evading the assessment of fees, OA may aggregate any 
such request and charge accordingly. One element to be considered in 
determining whether a belief would be reasonable is the time period over 
which the requests have occurred.
    (d) Advance payments. OA may not require a requestor to make an 
advance payment, i.e., payment before work is commenced or continued on 
a request unless:
    (1) OA estimates or determines that allowable charges that a 
requestor may be required to pay are likely to exceed $250.00. Then, OA 
will notify the requestor of the likely cost and obtain satisfactory 
assurance of full payment where the requestor has a history of prompt 
payment of FOIA fees, or require an advance payment of an

[[Page 392]]

amount up to the full estimated charges in the case of requestors with 
no history of payment; or
    (2) A requestor has previously failed to pay a fee charged in a 
timely fashion (i.e., within thirty days of the date of the billing). OA 
may require the requestor to pay the full amount owed plus any 
applicable interest as provided above or demonstate that he or she has 
in fact paid the fee, and to make an advance payment of the full amount 
of the estimated fee before the agency begins to process a new request, 
or a pending request from that requestor.

When OA acts under paragraph (d) (1) or (2) of this section, the 
administrative time limits prescribed in the FOIA, 5 U.S.C. 552(a)(6) 
(i.e., ten working days from receipt of initial request and 20 working 
days from receipt of appeals from initial denial, plus permissible 
extensions of these time limits) will begin only after OA has received 
fee payments described above.
    (e) Effect of the Debt Collection Act of 1982 (Pub. L. 97-365). OA 
should comply with the provisions of the Debt Collection Act, including 
disclosure to consumer reporting agencies and use of collection 
agencies, where appropriate, to encourage repayment.

[56 FR 5744, Feb. 13, 1991]

Sec. 2502.15  Waiver or reduction of charges.

    Fees otherwise chargeable in connection with a request for 
disclosure of a record shall be waived or reduced where it is determined 
that disclosure is in the public interest because it is likely to 
contribute significantly to public understanding of the operations or 
activities of the Government and is not primarily in the commercial 
interest of the requestor.


[56 FR 5744, Feb. 13, 1991]

Sec. 2502.16  Information to be disclosed.

    (a) In general, all records of the Office of Administration are 
available to the public, as required by the Freedom of Information Act. 
However, the Office claims the right, where it is applicable, to 
withhold material under the provisions specified in the Freedom of 
Information Act as amended (5 U.S.C. 552(b)).
    (b) Records from Non-U.S. Government Source. (1) Upon receipt of a 
request for a record that was obtained from a non-U.S. Government 
source, or for a record containing information clearly identified as 
having been provided by a non-U.S. Government source, including a 
contract proposal or contract material, the Office will contact the 
source of the requested record or information requesting advice as to 
whether release of the record would adversely affect the source's 
competitive position or invade anyone's privacy. Subsequent to receipt 
of such advice, the Office will independently examine the requested 
document and will notify the requester of the final decision.
    (2) OA personnel will generally consider two exemptions in the FOIA 
in deciding whether to withhold from disclosure material from a non-U.S. 
Government source. Exemption 4 permits withholding of ``trade secrets 
and commercial or financial information obtained from a person and 
privileged or confidential.'' Exemption 6 permits withholding certain 
information, the disclosure of which ``would constitute a clearly 
unwarranted invasion of personal privacy.'' The source whose material 
has been requested will be asked to supply convincing justification for 
any material it wishes withheld under the Act, in accordance with the 
following general guidelines.
    (i) For consideration under exemption 4, the supplier of the record 
or information should identify material that would be likely to cause 
substantial harm to its present or future competitive position if it 
were released. If a contractor, the provider should assume that the 
material will be released to a competitor, even if that is not always 
the case. A contractor must provide detailed information on why release 
would be harmful, e.g., the general custom or usage in the business; the 
number and situation of the persons who have access to the information; 
the type and degree of risk of financial injury that release would 
cause; and the length of time the information will need to be kept 
confidential.
    (A) In this respect, the Office of Administration will--as a general 
rule--look favorably upon recommendations for withholding information 
about

[[Page 393]]

ideas, methods, and processes that are unique; about equipment, 
materials, or systems that are potentially patentable; or about a unique 
use of equipment which is specifically outlined.
    (B) OA will not withhold information that is known through custom or 
usage in the relevant trade, business, or profession, or information 
that is generally known to any reasonably educated person. Self-evident 
statements or reviews of the general state of the art will not 
ordinarily be withheld.
    (C) OA will withhold all cost data submitted except the total 
estimated cost for each year of the contract. Where appropriate, OA will 
release unit pricing data except where that information would disclose 
confidential information such as profit margins. It will release these 
total estimated costs and ordinarily release explanatory material and 
headings associated with the cost data, withholding only the figures 
themselves. If a contractor believes some of the explanatory material 
should be withheld, that material must be identified and a justification 
be presented as to why it should not be released.
    (ii) Exemption 6 is not a blanket exemption for all personal 
information. The Office will balance the need to keep a person's private 
affairs from unnecessary public scrutiny with protection of the public's 
right to information on Government records.
    (A) As a general practice, the Office will release information about 
any person named in a contract itself or about any person who signed a 
contract as well as information given in a proposal about any officer of 
a corporation submitting that proposal. Except for names and other 
identifying details, the Office usually releases all information in 
resumes concerning employees, including education and experience. 
Efforts will be made to identify information that should be deleted and 
offerors are urged to point out such material for guidance. Any 
information in the proposal which might constitute an unwarranted 
invasion of personal privacy if released should be identified and a 
justification for non-release provided in order to receive proper 
consideration.
    (B) The Office can protect the names of and identifying details 
about other staff members who are described in a contract proposal if it 
is clear that identification of these employees would assist competitors 
in raiding and hiring them away. In this regard, names and other 
identifying details could be protected under Exemption 4 (harmful to 
competitive position) and also under Exemption 6 (it would be an 
unwarranted invasion of personal privacy to release them). In such a 
case, the Office would withhold names, home addresses, salaries, 
telephone numbers, social security numbers, marital status and, if these 
served to identify them, perhaps some details about past employment or 
professional activities of these persons.

[45 FR 47112, July 14, 1980. Redesignated and amended at 49 FR 28234, 
July 11, 1984. Redesignated and amended at 56 FR 5744, Feb. 13, 1991]

Sec. 2502.17  Exemptions.

    (a) 5 U.S.C. 552 exempts from all of its publication and disclosure 
requirements nine categories of records which are described in 552(b). 
These categories include such matters as national defense and foreign 
policy information, investigatory files, internal procedures and 
communications, materials exempted from disclosure by other statutes, 
information given in confidence and matters involving personal privacy.
    (b) Executive Order 12028 (December 4, 1977) provides that the 
Office of Administration shall upon request, assist the White House 
office in performing its role of providing those administrative services 
which are primarily in direct support of the President. Due to this role 
of providing direct support of the President, members of the public 
should presume that communications between the Director of the Office of 
Administration and the President (and their staffs) are confidential or 
ordinarily will not be released; they will usually fall, at a minimum, 
within Exemption 5 of the Act.
    (c) The records of the Office of Administration which are part of 
systems of records subject to the Privacy Act of 1974 are exempt from 
disclosure to the

[[Page 394]]

public except as provided by 5 CFR part 2504.

[45 FR 47112, July 14, 1980. Redesignated at 49 FR 28235, July 11, 1984, 
and further redesignated at 56 FR 5744, Feb. 13, 1991]

Sec. 2502.18  Deletion of exempted information.

    Where requested records contain matters which are exempted under 5 
U.S.C. 552(b) but which matters are reasonably segregable from the 
remainder of the records, they shall be disclosed by the Office with 
deletions. To each such record, the Office shall attach a written 
justification for making deletions. A single such justification shall 
suffice for deletions made in a group of similar or related records.

[45 FR 47112, July 14, 1980. Redesignated at 49 FR 28235, July 11, 1984, 
and further redesignated 56 FR 5744, Feb. 13, 1991]

Sec. 2502.19  Annual report.

    The General Counsel or his or her designee shall annually on or 
before March 1, submit a Freedom of Information report covering the 
preceding calendar year to the Speaker of the House of Representatives 
and President of the Senate. The report shall include those matters 
required by 5 U.S.C. 552(d).

[45 FR 47112, July 14, 1980. Redesignated and amended at 49 FR 28235, 
July 11, 1984. Redesignated at 56 FR 5744, Feb. 13, 1991]




[Code of Federal Regulations]
[Title 5, Volume 3, Parts 1200 to end]
[Revised as of January 1, 1997]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR2502]

[Page 394-395]
 
                  TITLE 5--ADMINISTRATIVE PERSONNEL
 
 CHAPTER XV--OFFICE OF ADMINISTRATION, EXECUTIVE OFFICE OF THE
PRESIDENT
 
PART 2502--AVAILABILITY OF RECORDS--Table of Contents
 
Subpart B--Production in Response to Subpoenas or Demands of Courts or Other Authorities

Sec. 2502.30  Purpose and scope.

    This subpart contains the regulations of the Office concerning 
procedures to be followed when a subpoena, order or other demand 
(hereinafter in this subpart referred to as a ``demand'') of a court or 
other authority is issued for the production or disclosure of:
    (a) Any material contained in the files of the Office of 
Administration;
    (b) Any information relating to materials contained in the files of 
the Office; or
    (c) Any information or material acquired by any person while such 
person as an employee of the Office of Administration as a part of the 
performance of his official duties or because of his official status.

Sec. 2502.31  Production prohibited unless approved by the Deputy 
          Director.

    No employee or former employee of the Office of Administration 
shall, in response to a demand of a court or other authority, produce 
any material contained in the files of the Office of Administration or 
disclose any information or produce any material acquired as part of the 
performance of his official status without the prior approval of the 
Deputy Director.

[45 FR 47112, July 14, 1980, as amended at 56 FR 5744, Feb. 13, 1991]

Sec. 2502.32  Procedure in the event of a demand for disclosure.

    (a) Whenever a demand is made upon an employee or former employee of 
the Office of Administration for the production of material or the 
disclosure of information described in Sec. 2502.31, he shall 
immediately notify the Deputy Director. If possible, the Deputy Director 
shall be notified before the employee or former employee concerned 
replies to or appears before the court or other authority.
    (b) If response to the demand is required before instructions from 
the Deputy Director are received, an attorney designated for that 
purpose by the Office of Administration shall appear with the employee 
or former employee upon whom the demand has been made, and shall furnish 
the court or other authority with a copy of the regulations contained in 
this part and inform the court or other authority that the demand has 
been or is being, as the case may be, referred for prompt consideration 
by the Deputy Director. The court or other authority shall be requested 
respectfully to stay the demand pending receipt of the requested 
instructions from the Deputy Director.

[45 FR 47112, July 14, 1980, as amended at 56 FR 5744, Feb. 13, 1991]

Sec. 2502.33  Procedure in the event of an adverse ruling.

    If the court or other authority declines to stay the effect of the 
demand in response to a request made in accordance with Sec. 2502.32(b) 
pending receipt of instructions from the Deputy

[[Page 395]]

Director, or if the court or other authority rules that the demand must 
be complied with irrespective of the instructions from the Deputy 
Director not to produce the material or disclose the information sought, 
the employee or former employee upon whom the demand has been made shall 
respectfully decline to comply with the demand. (United States ex rel. 
Touhy v. Ragen, 340 U.S. 462 (1951)).

[45 FR 47112, July 14, 1980, as amended at 56 FR 5744, Feb. 13, 1991]