lic Information" section of the Administrative Procedure Act (5 U.S.C. 552). In compliance with the Act, the Agency will make the fullest possible disclosure of its information and identifiable records consistent with the provisions of the Act and the regulations in this part. [34 F.R. 20429, Dec. 31, 1969]

§ 503.3

§ 503.2 Description of central and field organization, established places at which, officers from whom, and methods whereby the public may obtain information.

The description of the organization of the U.S. Information Agency is contained in Part 504 of this chapter.

[34 F.R. 20429, Dec. 31, 1969]

§ 503.4

Substantive rules of general applicability adopted as authorized by law, and statements of general policy or interpretation of general applicability formulated and adopted by the Agency.

(a) Restriction on domestic availability of agency media products. The Agency is prohibited from making general distribution of its foreign informational materials within the United States, but all media materials are available through the Office of Public Information (I/R), at reasonable times following release, to representatives of the press and, on request, to Members of Congress. This policy is based on the provisions of section 501 of the Agency's basic legislation (22 U.S.C. 1461) and Reorganization Plan No. 8 of 1953 which limits the Agency's mission to the dissemination of information about the United States to the peoples in other countries.

(b) Agency regulations previously published—(1) Procurement. The Agency's implementation of the Federal Procurement Regulations (41 CFR) is published in 41 CFR Ch. 19.

(2) Visual and auditory educational materials. The Agency's regulations governing the facilitation of circulation abroad of American-made visual and auditory educational materials are published in 22 CFR, Ch. V, Part 502.

(3) Tort claims. The Agency's regulations governing procedure under the

Federal Tort Claims Act are published in 22 CFR, Ch. V, Part 511.

[32 F.R. 9657, July 4, 1967, as amended at 34 F.R. 20429, Dec. 31, 1969]

§ 503.5 Availability of policies, interpretations, manuals, and instructions.

The Agency will, in accordance with the rules in this section and in § 503.7, make available for public inspection and copying those statements of policy and interpretation that have been adopted by the Agency and are not published in the FEDERAL REGISTER, and administrative staff manuals and instructions to staff that affect any member of the public.

(a) Deletion to protect privacy. To the extent required to prevent a clearly unwarranted invasion of personal privacy, the Agency may delete identifying details when it makes available or publishes a statement of policy, interpretation, or staff manual or instruction. Whenever the Agency finds any such deletion necessary, the responsible officer or employee must fully explain the justification therefor in writing.

(b) Current Index. The Management Division of the Agency's Office of Administration, 1750 Pennsylvania Avenue NW., Washington, D.C., will maintain and make available on Agency premises for public inspection and copying a current index adequately identifying for the public any administrative staff manuals

36-045-70-24

and instructions to staff that affect any member of the public issued, adopted, or promulgated on or after July 5, 1967 and which is required by this section to be made available or published.

§ 503.6 Availability of Agency records.

This section pertains to Agency records not covered by §§ 503.3, 503.4, and 503.5. With respect to records covered by this section only, and not exempt under any of the provisions of § 503.7, the Act provides a possible remedy in a United States District Court for any person who complains that the Agency has improperly withheld such records from him. The Agency will, upon request for identifiable records made in accordance with the requirements of this section, make such records promptly available to any person. This includes not only availability for inspection on Agency premises but the availability of copies of designated records if requested.

(a) Time. Requests either in person or by telephone for access to Agency records may be made from 10 a.m. through 4 p.m. Monday through Friday, except on official holidays. Outside the United States, such requests may be made during prevailing daytime hours of business.

(b) Place. Requests for access to Agency records should be made to the Office of Public Information, U.S.I.A., 1750 Pennsylvania Avenue NW., Washington, D.C. 20547. If that office is not in a position to make the requested records promptly available, it may either refer the person making the request to the Agency element possessing such information or may initiate its own inquiry within the Agency. If request is made for copies of any record, the Office of Public Information will assist the person making such request in seeing that such copies are provided according to the rules in this section.

(c) Fees. The Act authorizes the Agency to require payment of a fee with certain requests for records. This authority is consistent with the Government's policy on user charges expressed in 31 U.S.C. 483a and in Bureau of the Budget Circular No. A-25 which provides that "where a service (or privilege) provides special benefits to an identifiable recipient above and beyond those which accrue to the public at large, a charge should be imposed to recover the full cost to the Federal Government of rendering that service."

(1) Advance payment and deposits. When the amount of a fee can be readily computed (as for example, when a specified number of copy pages are requested, an advance payment should be required of the person making the request. When the amount cannot be readily computed (as for example, when an unknown amount of staff time must be used in complying with a request), the officer or employee responsible for assembling the requested records may, when necesary to assure that the fee will be paid, require payment of a reasonable deposit before undertaking to collect the requested records. (Requests for identifiable records should be reasonably specific and thus should not impose on Agency personnel a burden of speculating and inquiring about what a person making a request might desire access to.) At the earliest practicable time, the responsible officer or employee should determine the full amount of the fee and, before complying fully with the request, should require payment of any balance due or should refund any overpayment.

(2) Schedule of fees. The following specific fees shall apply with respect to services rendered to the public:

(1) Searching for records and collateral assistance, per hour or fraction thereof_

(2) Making of copies (Xerox or comparable) per page..

$5.00

40

No fee.

(3) For signed statement of nonavailability of record_____ Should a situation arise which is not appropriately covered by the above schedule of fees, the charge applied will include all direct and indirect costs of the service, including but not limited to materials, labor, machine time, significant supervisory time, and the like.

(d) Review (1) Review by Director. If a request for records under this section is denied by an Agency subordinate, the person making the request is entitled to have the denial reviewed by the Agency Director as promptly as circumstances permit. If the Director determines that the withholding is improper, he will direct in writing that the requested records be made available in accordance with this section. If he determines that the withholding is proper, he will so notify the person making the request in writing, and his determination constitutes the final Agency decision.

(2) Coordination with Office of the General Counsel. Requests for review by the Director under this section are to be

The Act authorizes exemption from disclosure of the following classes of records and information concerning matters that are:

(a) Specifically required by Executive order to be kept secret in the interest of the national defense or foreign policy;

(b) Related solely to the internal personnel rules and practices of the Agency; (c) Specifically exempted from disclosure by statute;

(d) Trade secrets and commercial or financial information obtained from a person and privileged or confidential;

(e) Interagency or intraagency memorandums or letters which would not be available by law to a party other than an agency in litigation with the Agency;

(f) Personnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy; and

(g) Investigatory files compiled for law enforcement purposes except to the extent available by law to a party other than an agency.

§ 503.8 Limitation of exemptions.

The Act declares that it does not authorize withholding of information or limit the availability of Agency records to the public, nor is authority granted to withhold information from Congress.

Sec. 504.1 Introduction. 504.2 Description of central and field organization, established places at which, officers from whom, and methods whereby the public may obtain information.

AUTHORITY: The provisions of this Part 504 issued under sec. 4, 63 Stat. 111, as amended, sec. 501, 65 Stat. 290; 22 U.S.C. 2658, 31 U.S.C. 483a, 5 U.S.C. 301, 552, E.O. 10477, as amended; 3 CFR, 1949-1953 Comp., E.O. 10501, as amended; 3 CFR, 1949-1953 Comp.

SOURCE: The provisions of this Part 504 appear at 34 F.R. 20427, Dec. 31, 1969, unless otherwise noted.

1 Appears as Part 501, correction noted at 35 F.R. 807, Jan. 21, 1970.

§ 504.2

Description of central and field organization, established places at which, officers from whom, and methods whereby the public may obtain information.

The U.S. Information Agency is organized to help achieve U.S. foreign policy objectives by making understandable to the people of other countries U.S. actions and policies, as well as the traditions, values, and culture from which they flow. The Agency advises the President, his representatives abroad, and the various departments and agencies on the implications of foreign opinion for present and contemplated U.S. policies, programs, and official statements. To achieve these purposes the Agency is directed from Washington, D.C. It operates field posts in over 100 foreign countries. The chief executive of the Agency is the Director, assisted by the Deputy Director and the Deputy Director (Policy and Plans). The Director is advised by the Advisory Commission on Information, a body of five private citizens appointed by the President and confirmed by the Senate.

(a) Closely attached to the Office of the Director are the Office of Policy and Plans; the Office of Research and Assessment; the Office of the U.S. Commissioner General, Japan World Exposition; and the Office of Public Information.

(1) Office of Policy and Plans (IOP). IOP formulates basic information policies for the Agency and assures that they are reflected in the Agency's output. It prepares guidance on information policy for operating elements of the Agency, based on briefings and background information received through liaison with the White House, the Departments of State and Defense, other Government agencies and private organizations. It issues guidelines for the preparation of planning documents by Agency elements and by overseas posts and reviews the plans to assure that overseas operations

are consistent with established policy objectives and that resources are allocated in accordance with Agency priorities.

(2) Office of Research and Assessment (IOR). (i) IOR systematically evaluates Agency operations to ensure that they serve program objectives with maximum efficiency. It provides the agency with a single element responsible for the assessment of products and operations. It supervises and coordinates the work of the Inspections and Audit Staff, the Research Service, the Special Studies Staff, the Agency Library, and the Historian.

(ii) The Inspection and Audit Staff appraises on behalf of the Associate Director for the Director the operation and administration of both overseas and domestic offices and the individual performance of Agency Foreign Service personnel. It uses full-time inspection and audit personnel as well as qualified officers borrowed from other elements for this purpose. Its responsibilities include establishing program inspection and audit criteria; planning inspection and audit schedules; processing report materials; developing followup procedures; and maintaining liaison with other agencies, such as the Department of State, on inspection and audit matters of common interest.

(iii) Through sample surveys and other methods of empirical research, the Research Service provides information on foreign opinion relevant to U.S. foreign policy and to the Agency's mandate; describes the channels of communication most likely to reach influential audiences abroad; and assesses the reach and impact of specific USIA programs. It keeps the Director abreast of foreign press reactions to U.S. actions and policies, and advises him on the activities of foreign information services.

(iv) The Library provides books, periodicals, documents, and a clipping file for staff use. Its reference service supports both domestic and overseas needs. (v) The Special Studies Staff continuously reviews Agency activities in terms of present and future program needs. Utilizing ad hoc task forces, inspection reports, research findings and other sources, it recommends priorities in the allocation of resources to meet Agency objectives.

(vi) The Historian's primary responsibility is to provide the Agency with a corporate memory of its past experience.

(3) The Office of the Commissioner General for the Japan World Exposition (I/E). I/E, as the title suggests, is not a permanent Agency office. The Office is responsible for all aspects of U.S. Government participation relative to the Japan World Exposition being held in Osaka in 1970. It supervises and coordinates the planning, design, and fabrication of the U.S. Pavilion and its related exhibits as well as their operation during the course of the Exposition.

(4) Office of Public Information (I/R). I/R is responsible for the Agency's domestic media relations and contacts with the public. It responds to questions from the American public concerning the purposes and operations of the Agency, and prepares and issues news releases on appropriate activities, policies, and personnel actions. This Office also arranges for public appearances by Agency officials; prepares the semiannual report to the Congress; publishes the monthly house organ, "USIA WORLD"; conducts public tours of the Agency exhibit at the Voice of America and of VOA studios; and helps to coordinate affiliations between American and foreign cities.

(b) Staff support is provided by the Office of Personnel and Training, the Office of Administration, the Office of the General Counsel, and the Office of Security.

(1) Office of Personnel and Training (IPT). IPT plans and carries out recruiting, examining, selecting, and placing employees, developing careers, and classifying positions; and plans and conducts orientation and training programs for domestic and foreign service employees.

(2) Office of Administration (IOA). IOA develops, interprets, and applies administrative and management policies and procedures necessary to assure effective operation of the Agency's programs. It provides central management, budget, fiscal, emergency planning, contract and procurement, information management, automatic data processing, and administrative services for the Agency.

(3) Office of the General Counsel (IGC). The General Counsel and his staff advise all elements of the Agency on the interpretation of all laws, regulations, and Executive orders that authorize the Agency's programs or relate to the Agency's activities. The Office assists in the drafting of proposed legislation, Executive orders, regulations, contracts, leases, and other legal documents. The

Office of the General Counsel also has the responsibility for conducting the Agency's relations with Congress. The Office represents the Agency in hearings arising on disputes on contracts, equal employment opportunity, and licensing. The Office secures the necessary rights clearances for the Agency's activities and advises on matters relating to ethical conduct and conflict of interest of Agency employees.

(4) Office of Security (IOS). IOS is responsible for developing, directing, and implementing plans, policies, and standards for personnel and physical security. As the Agency's investigative arm, it conducts all inquiries relating to security, personnel, administrative and operating matters. It makes recommendations in cases where an employee's activities are allegedly inconsistent with the interests of national security.

(c) Program materials are generated by the Agency's media services, the Broadcasting Service, the Information Center Service, the Motion Picture and Television Service, and the Press and Publications Service.

(1) Broadcasting Service (IBS). IBS (the Voice of America) produces and broadcasts radio programs in English and foreign languages and operates broadcasting and relay facilities to transmit these programs. It also furnishes technical services and materials to the Agency's overseas posts for broadcasting radio programs through local outlets, and its supplies packaged programs to the posts. Broadcasts originating in the United States are directed primarily at Communist bloc countries and secondarily at selected areas of the Free World.

(2) Information Center Service (ICS). ICS gives professional guidance and supplies materials to information centers and binational centers to assist them in program planning and execution. It promotes and assists the distribution of American books, in English and in translation, to selected individuals and institutions. It operates a worldwide exhibits program. It also operates a separately funded Special International Exhibition program which presents U.S. national exhibitions in the USSR and East Europe and at selected international fairs and expositions. It supports the English teaching activities of USIS, binational centers, and special English teaching institutes by providing teaching materials and professional consultative services. It operates a donated books pro

gram under which U.S. publishers make available selected current books for presentation to individuals and institutions abroad. It facilitates and promotes the use of American music, art, drama, etc. in overseas programming.

(3) Motion Picture and Television Service (IMV). IMV produces and/or contracts for the production of, or otherwise acquires, motion pictures in appropriate languages and prints for use abroad in commercial theaters or for showing by USIS posts. It produces or acquires television films and tapes for posts to place on local television stations and networks in countries overseas. It furnishes USIS posts with necessary equipment, supplies, technical services, and direction for motion picture and television programs. The International Communications Media Staff of the Motion Picture and Television Service monitors and facilitates the operation of certain international organizations and festivals including United States participation therein, and assists some domestic organizations active in this field. Also under authority delegated to the Agency by Executive Order 11311 of October 14, 1966, issued pursuant to Public Law 89634 the staff issues export certificates of educational, audiovisual materials and authenticates foreign certificates covering the import of such materials.

(4) Press and Publications Service (IPS). IPS produces a wide variety of editorial materials for placement by USIS posts overseas in local newspapers and periodicals and for use in post publications. It produces and operates the Wireless File, a radioteletype service to all areas offering program materials for local placement and background information for post and embassy personnel. It provides posts a general and regional feature service, photographs and picture stories, "paper show" exhibits, magazines, pamphlets, posters, magazine reprints, and cartoon booklets. It also manages printing plants at Regional Service Centers in Manila, Beirut, and Mexico City, furnishes posts with press and photo supplies and equipment, and offers them technical advice.

(d) The Assistant Directors of the Agency for the six geographic areas are the Director's principal advisers on all programs in or directed to countries in these areas. They help to formulate information policies and represent the Director in interagency groups. They spend a large part of their time in the countries