is restricted to employees and other authorized persons who may be required to display Government credentials or other identification when requested by a law enforcement officer and may be required to sign a register.

§ 3.42 Nuisances and disturbances.

The following acts by a person are prohibited: any unwarranted loitering, disorderly conduct, littering, or disposal of rubbish in an unauthorized manner; the creation of any hazard to persons or property; the throwing of articles of any kind from or at a building; the climbing upon any part of a building for other than an authorized purpose; the loud playing of radios or other similar devices; and rollerskating, skateboarding, sledding or similar activities, except in officially designated areas.

§ 3.43 Other restricted activities.

A

(a) Explosives and weapons. person, other than a law enforcement officer, may not carry, transport, or otherwise possess, firearms, other dangerous or deadly weapons, explosives, or items intended to be used to fabricate an explosive or incendiary device, either openly or covertly. The Director may grant specific approval for the possession of firearms for collections or hunting, the delivery or removal of money, or the protection of display of valuable materials and similar purposes.

(b) Gambling. A person may not operate a gambling device, conduct a lottery or pool, sell or purchase a numbers ticket, or take or place a bet, except that participation in living quarters in games for money or otherwise for incidental recreational purposes is authorized. This prohibition shall not apply to the vending or exchange of chances in lotteries authorized under State law by licensed vendors and in accordance with approved State procedures.

(c) Hobbies and sports. Hobbies and - sports may be undertaken only in designated areas or as approved by the Director.

(d) Intoxicants and narcotics. A person may not sell, consume, or use intoxicating beverages, narcotics or other similar drugs, except in connec

tion with official duties, in the course of professional treatment, or, in the case of consumption or use of intoxicating beverages, in living quarters, or as otherwise authorized by the Director. A person may not operate a motor vehicle while under the influence of an intoxicating beverage or drug.

(e) Pets and other animals. A person may not bring on the enclave any cat, dog, or other animal except for authorized purposes. This prohibition does not apply to bringing on the enclave and the retention of domestic pets at living quarters or to the exercise of such pets under leash or other appropriate restraints. The use of a dog by a handicapped person to assist that person is authorized.

(f) Photography. Subject to the limitations provided in this paragraph, a person may take photographs for personal or news purposes without prior approval on the grounds of the enclave or in entrances, lobbies, foyers, corridors, and auditoriums of facilities when used for public meetings, except when contrary to security regulations, or where prohibited by appropriate signs. Photographs for advertising or commercial purposes are subject to the advance written permission of the Director. A person may take photographs of a patient only with the informed consent of the patient (or the natural or legal guardian) and of the Director, or, with respect to NIH, the Director of the Clinical Center.

§ 3.44 Removal of property.

A person may not remove Federal property from the enclave or any building on the enclave without a property pass, signed by an authorized property custodian, which specifically describes the items to be removed. In an emergency, when the property custodian is not available, a law enforcement officer may approve removal of Federal property if, after consulting with the administrative officer other appropriate official, the law enforcement officer is authorized by that official to do so. Privately-owned property, other than that ordinarily carried on one's person, may be removed only under this property pass procedure, or upon properly establishing

or

§ 4.1 Suits against the Department and its employees in their official capacities. Summonses and complaints to be served by mail on the Department of Health and Human Services, the Secretary of Health and Human Services, or other employees of the Department in their official capacities should be sent to the General Counsel, Department of Health and Human Services, 200 Independence Avenue, S.W., Washington, D.C. 20201.

§ 4.2 Other process directed to the Department or Secretary.

Subpoenas and other process (other than summonses and complaints) that are required to be served on the Department of Health and Human Services or the Secretary of Health and Human Services in his official capacity should be served as follows:

(a) If authorized by law to be served by mail, any mailed process should be sent to the General Counsel, Department of Health and Human Services,

200 Independence, S.W., Washington, D.C. 20201.

(b) If served by an individual, the process should be delivered to the staff of the correspondence control unit in the Office of the General Counsel, Room 711-E, 200 Independence Avenue, S.W., Washington, D.C., or, in the absence of that staff, to any Deputy General Counsel or secretary to any Deputy General Counsel of the Department.

§4.3 Process against Department officials in their individual capacities.

Process to be served on Department officials in their individual capacities must be served in compliance with the requirements for service of process on individuals who are not governmental officials. The Office of the General Counsel is authorized but not required to accept process to be served on Departmental officials in their individual capacities if the suit relates to an employee's official duties.

§ 4.4 Acknowledgement of mailed process.

The Department will not provide a receipt or other acknowledgement of process received, except for a return receipt associated with certified mail and, where required, the acknowledgement specified by Rule 4(c)(2)(C) of the Federal Rules of Civil Procedure.

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 9023, 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 and Human Services which consists of the Office of the Secretary and all components of the Department.

[40 FR 26512, June 24, 1975]

§ 5.3 Principal operating components.

(a) Principal operating components are those major program organizations which report to the Secretary. There are five principal operating components: The Public Health Service, the Office of Human Development, the Education Division, the Social and Rehabilitation Service, and the Social Security Administration.

(b) The Public Health Service is comprised of the Office of the Assistant Secretary for Health, the Alcohol, Drug Abuse, and Mental Health Administration, Center for Disease Control, the Food and Drug Administration, the Health Resources Administration, the Health Services Administration, and the National Institutes of Health.

(c) The Education Division is comprised of the Office of the Assistant Secretary for Education, the Office of Education and the National Institute of Education.

(d) The Social Security Administration includes intermediaries and carriers performing functions under agreements entered into pursuant to sections 1816 and 1842 of the Social Security Act.

[40 FR 26512, June 24, 1975]

§ 5.4 Heads of Office of the Secretary, Principal Operating Components, PHS Agencies and Education Agencies. The heads of the Office of the Secretary and principal operating components are as follows:

As used in this part:

(a) "Record" includes books, brochures, punch cards, magnetic tapes, paper tapes, sound recordings, maps, pamphlets, photographs, slides, motion pictures, or other documentary materials, regardless of physical form or characteristics, made or received by the Department in pursuant of Federal law or in connection with the transaction of public business and preserved by the 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

§ 5.11 Purpose and scope.

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 what records are generally available. The components of the Department may issue implementing regulations which are consist

ent with this part. To the extent that they are consistent, existing implementing regulations remain in full force and effect.

[40 FR 26512, June 24, 1975]

§ 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, upon request for identifiable records made in accordance with this part, make such records available to any person, unless it is determined that such records must be withheld from disclosure and are exempt under subsection (b) of the Act and Subpart F of this part.

§ 5.14 Published documents.

Published records of the Department, whether or not available for purchase, shall be made available for examination in or through the appropriate Information Centers.

§ 5.15 Creation of records.

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 identifying details have been removed [and fictitious names substituted] in order to prevent a clearly unwarranted invasion of the personal privacy of the individuals involved.

§ 5.17 Records in record centers.

When a request is made for identifiable records of the Department which have been stored in the National Archives or other record centers of the General Services Administration, but would otherwise be available under this Act, such records shall be requested by the Department for the request

er.

§ 5.18 Destroyed records.

Records of specified form or character are destroyed after the lapse of time specified in the Records Disposal Act of 1943 (44 U.S.C. 366-380), the Federal Property Management Regulations (41 CFR Parts 101-111), and the Records Control Schedules (Appendices A and B of the Department of Health and Human Services 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