dent of the United States. The request should specifically identify the document requested. An index identifying all records available to any person shall be kept on file at the Information Center. Copies of this index may be obtained by writing to the Chief, Reference Information Center.

(b) The Act applies only to residents of the United States. Pursuant to its organic statute, ACDA has made arrangements with the U.S. Information Agency to provide official U.S. positions and policy on arms control and disarmament matters for dissemination abroad.

(c) Except as otherwise provided in specific instances by the Agency, a fee shall be levied for all searches for, or copies of, records. These fees shall be so computed as to obtain full cost recovery of searching and copying. To the extent that printed copies of reports or other written works are available, a charge shall also be made. Where written works have been published by the Government Printing Office or other Government printing activity, the Agency will direct any petitioner to the appropriate sales office.

§ 602.3

Records of other Departments and Agencies.

Requests for records that have been originated by or are primarily the concern of another U.S. Department or Agency shall be forwarded to the particular Department or Agency involved, and the petitioner notified.

§ 602.4 Types of copying processes and standard of quality of copies.

The Agency will provide copies of the requested records of the same type and quality which it would provide in the course of official business to personnel of another U.S. Department or Agency. It will not accept requests for special types of copying processes or for special standards of quality of reproduction.

the schedule set forth in Subpart B of this part. The Chief, Reference Information Center, is authorized to limit petitioners to one copy of each requested record when he finds that there exists an extraordinary demand for the number of available copies or for the Center's copying services.

§ 602.6 Written requests.

In order to facilitate the processing of written requests, every petitioner

should:

(a) Address his request to:

Chief, Reference Information Center, U.S. Arms Control and Disarmament Agency, Washington, D.C. 20451.

(b) Identify the desired record by name or brief description, or number, and date, as applicable. The identification should be specific enough so that a record can be readily identified and found;

(c) Include a check or money order (stamps will not be accepted) covering the appropriate search and copying fees, or request a determination of fee;

(d) Unless otherwise specified in applicable regulations, draw the check or money order on a financial institution within the United States, or on the U.S. Post Office, and make payable to "U.S. Arms Control and Disarmament Agency";

(e) The Agency will be responsible for cash only if sent by registered mail;

(f) Allow a reasonable amount of time for obtaining reply. Furnishing the requested information will involve search and retrieval of records, copying and mailing;

(g) Blanket requests or requests for "the entire file of" or "all matters relating to" a specified subject will not be accepted.

§ 602.7 Inability to comply with request.

Where a request cannot be fulfilled, the reason will be given to the petitioner, and the petitioner's fee will be returned. Such reasons may include but are not

§ 602.10

Records in the Agency's Reference Information Center.

The Reference Information Center shall contain, or shall have available, to the extent not authorized to be withheld, the following works or classes of information:

(a) A copy of the Agency regulations, including a copy of Title 22 of the Code of Federal Regulations, or of any other title of the Code in which Agency regulations may have been published;

(b) Final unclassified Research Reports;

(c) Copies of Arms Control and Disarmament Treaties or agreements in force.

(d) Personnel information affecting the public;

(e) Procurement information affecting the public;

(f) Contracts;

§ 602.23

Printed research reports.

(a) $2 per copy of each report up to 300 pages.

(b) $4 per copy of each report over 300 pages.

(c) Printer research reports which are not published by the Government Printing Office are available in limited supply. The schedule of fees for such printed research reports will remain in effect until the supply of copies in stock is exhausted; thereafter reports will be copied at the expense of the petitioner in accordance with the fee schedule established for copying services.

§ 602.24 Publications for sale by the Government Printing Office.

The index of records will list the sales offices of records published by the Gov

ernment Printing Office. The Agency will refer each petitioner to the appropriate sales office and refund any fee payments accompanying the request. Published records out of print may be copied at the expense of the petitioner in accordance with the fee schedule established for copying service.

§ 602.25 Records printed by contractors. Charges, if any, for records printed by contractors or grantees will be set forth on the fee schedule of any index of available records, or will be determined by the Chief, Reference Information Center, in response to a request.

§ 602.27

Publications and records available without charge.

The Agency makes some publications or other records available to the public without charge pursuant to its organic statute. These regulations will neither change the practice nor require a search fee or any other fee of a petitioner unless the original stock has been exhausted and copying services are necessary to satisfy a request.

Subpart C-Denial of Records § 602.35 Denial.

(a) Requests for inspection or for copies may be denied where the information or record is exempt from disclosure under appropriate provisions of the Act or by order from a court of competent jurisdiction.

(b) Denials shall be in writing for those requests received in writing.

Subpart D-List of Exemptions

§ 602.40 Exemptions.

No record shall be withheld from inspection or copying unless it may be withheld by the Agency under the authority of the Act, or is specifically authorized to be withheld under an order issued by a court of competent jurisdic

tion. The following list contains examples of records which may be withheld from the public by the Chief, Refererence Information Center.

(a) Records specifically required by Executive Order to be kept secret in the interest of the national defense or foreign policy. No Agency record required to be withheld by applicable Executive Order shall be available to the public under other provisions of the Act.

(b) Records related solely to the internal personnel rules and practices of the Agency. This exemption covers those internal rules or instructions to Agency personnel concerning the manner in which such personnel carry out their assigned functions and activities for which the Agency has responsibility. However, the exemption does not cover those matters of internal management such as employee relations, working conditions, duty hours, or leave and promotion policies, whose disclosure would not prejudice the proper and efficient functioning of the Agency.

(c) Records specifically exempted from disclosure by statute. This exemption continues in force the many statutes barring the disclosure of certain information by Government personnel.

(d) Trade secrets and commercial or financial information obtained from any person and privileged or confidential. This exemption will assure the protection of information furnished to the Government on the understanding that it will not be made public but will be protected as a confidential communication. The exemption includes certain business sales statistics; and manufacturing or performance costs, inventories, and customer lists; scientific or manufacturing processes, techniques, developments, and designs; certain chemical formulas; and other privileged communications such as those between a doctor and his patient, an attorney and his client, or the Government and an informer. The cost features, secrets of manufacturer (if any), and other specific types of information requiring protection, furnished as part of contract or grant proposals by private parties will not be disclosed.

(e) Interagency or intraagency memoranda or letters which would not be available by law to a private party in litigation with the Agency. This exemp

tion would preserve the existing freedom of Government officials to engage in full and frank communication with each other whether the communication concerns pending legislation, the selection of a contractor, the preparation of the Agency budget, or a discussion of certain unclassified areas of foreign policy. Records sought to be inspected because they would be available under applicable discovery procedures to a litigant must still be identified with some specificity and with a general showing of good cause. Records concerning an incomplete transaction to which they relate are not available for inspection since premature disclosure could have adverse effects upon both public and private interests.

(f) Personnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy. Records are to be withheld that contain information, whether personal, private, financial, legal, or business, the disclosure of which could harm an individual. The exemption covers information submitted by unsuccessful applicants for employment as well as other data which could invade personal privacy. It covers information given to the Agency in confidence and obtained from members of the public through questionnaires, surveys and other inquiries. It also covers the identity of experts, consultants, or other persons from whom opinions, judgments, evaluations, or other data were obtained, if such data would not have been provided without the assurance, express or tacit, of nondisclosure of the identity of the source. The names and duty stations of Federal employees are public information; but the routine public disclosure of employee home addresses and telephone numbers is not authorized.

(g) Investigatory files compiled for law enforcement purposes except to the extent available by law to a private party. Law enforcement is used in its broadest sense to include not only the enforcement of criminal statutes but all kinds of laws. Thus security investigation files or files containing information concerning the conduct of employees are exempt from disclosure; since the former case involves the application of security laws, and the latter case may involve disciplinary proceedings or litigation.

(h) Records contained in or related to examination, operating, or condition reports prepared by, on behalf of, or for

the use of any Agency responsible for the regulation or supervision of financial institutions.

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

Subpart E-Administrative Review of Denials of Records

§ 602.45 Review of decision to withhold a record.

an (a) This subpart provides for administrative review from a decision to withhold a record.

(b) Written denial of a record by the Chief, Reference Information Center, shall be considered a denial upon which administrative review may be requested. § 602.46 Time for requesting review.

Review shall be initiated by filing a written request for review within 30 days of the date of denial of a request. The 30 day limitation may be waived, in the discretion of the Director or the Deputy Director, for good cause shown.

§ 602.47 Reviewing official.

Review shall be made by the Director or the Deputy Director. Requests for review by the Director or the Deputy Director shall be addressed to: The Director, U.S. Arms Control and Disarmament Agency, Washington, D.C. 20451.

Review shall be made on the submitted record. No personal appearance, oral argument, or hearing shall be permitted. § 602.50 Decision on review.

(a) Decisions on review shall be in writing, shall briefly state the reasons for the decision, and shall be promptly communicated in writing to the petitioner.

(b) Where the decision is in favor of the petitioner, the decision shall order that the records be made available to the petitioner upon payment of the appropriate fee.

(c) All decisions shall be indexed and available for inspection and copying in the same manner as other Agency final orders and opinions, if any, under section (a) (2) of the act.

Assistant Director. Assistant Director means an Assistant Director of the Arms Control and Disarmament Agency.

Deputy Director. Deputy Director means the Deputy Director of the U.S. Arms Control and Disarmament Agency.

Director. Director means the Director of the U.S. Arms Control and Disarmament Agency.

Freedom of Information Act. Freedom of Information Act means the Act of June 5, 1967, sometimes referred to as the "Public Information Section" of the Administrative Procedure Act, as amended by P.L. 90-23, 81 Stat. 54, and codified at 5 U.S.C. 552.

§ 603.2 Purpose and scope.

(a) The principal purposes of the Agency are to advise the President, the Secretary of State, other officials of the Executive Branch, and the Congress, giving recommendations and advice concerning U.S. arms control and disarmament policy. The primary functions of the Agency are:

(1) The conduct, support, and coordination of research for arms control and disarmament policy formulation;

(2) The preparation for and management of U.S. participation in international negotiations in the arms control and disarmament field;

(3) The dissemination and coordination of public information concerning arms control and disarmament; and

(4) The preparation for, operation of, or as appropriate, direction of U.S. participation in such control systems as may become part of U.S. arms control and disarmament activities.

(b) The Agency works at the highest level of the U.S. Government, and under the direction of the Secretary of State, conducts U.S. particiaption in international arms control and disarmament negotiations. It does not normally hand down decisions or engage in regulations affecting the general public, since its functions are principally in the advisory or diplomatic areas, as noted above. A significant body of the research conducted in the Agency or by contract or interagency agreement is unclassified and will be made available to the public pursuant to the Freedom of Information Act. The reports embodying such research as well as those agency publications which may affect the general public will be made available in the Agency's Reference Information Center. Members of the public will be afforded the oppor