[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: 5CFR2604.102]

[Page 455]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
                CHAPTER XVI--OFFICE OF GOVERNMENT ETHICS
 
PART 2604_FREEDOM OF INFORMATION ACT RULES AND SCHEDULE OF FEES FOR THE 
 
                      Subpart A_General Provisions
 
Sec.  2604.102  Applicability.

    (a) General. The FOIA and this rule apply to all OGE records. 
However, if another law sets forth procedures for the disclosure of 
specific types of records, such as section 105 of the Ethics in 
Government Act of 1978, 5 U.S.C. appendix, OGE will process a request 
for those records in accordance with the procedures that apply to those 
specific records. See 5 CFR 2634.603 and subpart G of this part. If 
there is any record which is not required to be released under those 
provisions, OGE will consider the request under the FOIA and this rule, 
provided that the special Ethics Act access procedures cited must be 
complied with as to any record within the scope thereof.
    (b) The relationship between the FOIA and the Privacy Act of 1974. 
The Privacy Act of 1974, 5 U.S.C. 552a, applies to records that are 
about individuals, but only if the records are in a system of records as 
defined in the Privacy Act. Requests from individuals for records about 
themselves which are contained in an OGE system of records will be 
processed under the provisions of the Privacy Act as well as the FOIA. 
OGE will not deny access by a first party to a record under the FOIA or 
the Privacy Act unless the record is not available to that individual 
under both the Privacy Act and the FOIA.
    (c) Records available through routine distribution procedures. When 
the record requested includes material published and offered for sale 
(e.g., by the Superintendent of Documents, Government Printing Office) 
or which is available to the public through an established distribution 
system (such as that of the National Technical Information Service of 
the Department of Commerce), OGE will explain how the record may be 
obtained through those channels. If the requester, after having been 
advised of such alternative access, asks for regular FOIA processing 
instead, OGE will provide the record in accordance with its usual FOIA 
procedures under this part.