[Code of Federal Regulations]
[Title 5, Volume 3]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR2604.302]

[Page 458-459]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
                CHAPTER XVI--OFFICE OF GOVERNMENT ETHICS
 
PART 2604_FREEDOM OF INFORMATION ACT RULES AND SCHEDULE OF FEES FOR THE 
 
        Subpart C_Production and Disclosure of Records Under FOIA
 
Sec.  2604.302  Response to requests.

    (a) Response to initial request. The FOIA Officer is authorized to 
grant or deny any request for a record and to determine appropriate 
fees.
    (b) Referral to, or consultation with, another agency. When a 
requester seeks access to records that originated in another Government 
agency, OGE will normally refer the request to the other agency for 
response; alternatively, OGE may consult with the other agency in the 
course of deciding itself whether to grant or deny a request for access 
to such records. If OGE refers the request to another agency, it will 
notify the requester of the referral. If release of certain records may 
adversely affect United States relations with foreign governments, the 
Office will usually consult with the Department of State. A request for 
any records classified by some other agency will be referred to that 
agency for response.
    (c) Honoring form or format requests. In making any record available 
to a requester, OGE will provide the record in the form or format 
requested, if the record already exists or is readily reproducible by 
OGE in that form or format. If a form or format request cannot be 
honored, OGE will so inform the requester and provide a copy of a 
nonexempt record in its existing form or format or another convenient 
form or format which is readily reproducible.

[[Page 459]]

OGE will not, however, generally develop a completely new record (as 
opposed to providing a copy of an existing record in a readily 
reproducible new form or format, as requested) of information in order 
to satisfy a request.
    (d) Record cannot be located. If a requested record cannot be 
located from the information supplied, the FOIA Officer will so notify 
the requester in writing.

[60 FR 10007, Feb. 23, 1995, as amended at 64 FR 28090, May 25, 1999]