[Federal Register Volume 59, Number 26 (Tuesday, February 8, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-2708]
[[Page Unknown]]
[Federal Register: February 8, 1994]
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UNITED STATES INFORMATION AGENCY
22 CFR Part 503
Freedom of Information Act Regulations
AGENCY: United States Information Agency.
ACTION: Notice of final rule.
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SUMMARY: This regulation revises the Agency's current regulation
implementing the Freedom of Information Act (FOIA). Other regulatory
provisions regarding law enforcement records, fees for processing
requests, and Executive Order No. 12600, concerning predisclosure
notification for business records, were already printed and are
unaffected by this rule as they already conform to the amendments
enacted by the Freedom of Information Reform Act of 1986 (Final Rule
published June 26, 1989).
EFFECTIVE DATE: February 8, 1994.
ADDRESSES: Freedom of Information Office, United States Information
Agency, room M-29, 301 4th Street SW., Washington, DC 20547, telephone
(202) 619-5499.
FOR FURTHER INFORMATION CONTACT:Lola L. Secora, Freedom of Information
Officer (202) 619-5499.
SUPPLEMENTARY INFORMATION: The United States Information Agency
published a Notice of Proposed Rulemaking to revise its FOIA
regulations on November 16, 1993 (FR/Vol. 58, No. 219). Pursuant to
that notice, USIA received only one comment from the public, and it was
commendatory.
The final rule is based on the proposed rule.
List of Subjects in 22 CFR Part 503
Freedom of Information.
Accordingly, 22 CFR part 503 is amended as set forth below:
PART 503--FREEDOM OF INFORMATION ACT REGULATION
The authority citation for part 503 is revised to read as follows:
Authority: 5 U.S.C. 552 Reform Act of 1986 as amended by Pub. L.
99-570; Sec. 1801-1804; 22 U.S.C. 2658; 5 U.S.C. 301; 13 U.S.C. 8;
E.O. 10477, as amended; 47 FR 9320, Apr. 2, 1982, E.O. 12356. 5
U.S.C. Sec. 552 (1988 & Supp. III 1991) as amended by Freedom of
Information Reform Act of 1986, Pub. L. No. 99-570, title I,
Sections 1801-1804, 100 Stat. 3207, 3207-48-50 (1986) (codified at 5
U.S.C. Sec. 552 (1988)); 22 U.S.C. Sec. 2658 (1988); 5 U.S.C. Sec.
301 (1988); 13 U.S.C. Sec. 8 (1988); Executive Order No. 10477, 3
CFR 958 (1949-1953) as amended by Executive Order No. 10822, 3 CFR
355 (1959-1963), Executive Order No. 12292, 3 CFR 134 (1982),
reprinted in 22 U.S.C. Sec. 1472 (1988); Executive Order No. 12356,
3 CFR 166 (1983), reprinted in 50 U.S.C. Sec. 401 (1988).
2. Sections 503.1 through 503.6 are revised to read as follows:
Sec. 503.1 Introduction and definitions.
(a) Introduction. The FOIA and this part apply to all records of
the United States Information Agency, including all of its foreign
posts. As a general policy, USIA follows a balanced approach in
administering the FOIA. We recognize the right of public access to
information in the possession of the Agency, but we also protect the
integrity of the Agency's internal processes. This policy calls for the
fullest possible disclosure of records consistent with those
requirements of administrative necessity and confidentiality which are
recognized by the Freedom of Information Act.
(b) Definitions--Access Appeal Committee or Committee, means the
Committee delegated by the Agency Director for making final Agency
determinations regarding appeals from the initial denial of records
under the FOIA. This Committee also reviews final appeal denials of
documents made by the National Endowment for Democracy (NED) for its
records.
Agency or USIA means the United States Information Agency. It
includes all components of USIA in the U.S. and all foreign posts
abroad (known as the U.S. Information Service or USIS). (See 22 CFR
part 504, chapter V--Organization.)
Commercial use, when referring to a request, means that the request
is from or on behalf of one who seeks information for a use or purpose
that furthers the commercial, trade, or profit interests of the
requester or of a person on whose behalf the request is made. Whether a
request is for a commercial use depends on the purpose of the request
and the use to which the records will be put. The identity of the
requester (individual, non-profit corporation, for-profit corporation),
or the nature of the records, while in some cases indicative of that
purpose or use, is not necessarily determinative. When a request is
from a representative of the news media, the request shall be deemed
not to be for commercial use.
Department means any executive department, military department,
government corporation, government controlled corporation, any
independent regulatory agency, or other establishment in the executive
branch of the Federal Government. A private organization is not a
department even if it is performing work under contract with the
Government or is receiving Federal financial assistance. Grantee and
contractor records are not subject to the FOIA unless they are in the
possession and control of USIA.
Duplication means the process making a copy of a record and sending
it to the requester, to the extent necessary to respond to the request.
Such copies include paper copy, microform, audiovisual materials, and
magnetic tapes, cards and discs.
Educational institution means a preschool, elementary or secondary
school, institution of undergraduate or graduate higher education, or
institution of professional or vocational education.
FOIA means section 552 of title 5, United States Code, as amended.
Freedom of Information Officer means the USIA official who has been
delegated the authority to release or withhold records and assess,
waive, or reduce fees in response to FOIA requests.
Non-commercial scientific institution means an institution that is
not operated substantially for purposes of furthering its own or
someone else's business, trade, or profit interests, and that is
operated for purposes of conducting scientific research whose results
are not intended to promote any particular product or industry.
Post or USIS means all overseas offices of the USIA.
Records means any handwritten, typed or printed documents (such as
memoranda, books, brochures, studies, writings, drafts, letters,
transcripts, and minutes) and documentary material in other forms (such
as punchcards; magnetic tapes, cards, or discs; paper tapes; audio or
video recordings; maps; photographs; slides, microfilm; and motion
pictures). It does not include objects or articles such as exhibits,
models, equipment, and duplication machines or audiovisual processing
materials. Nor does it include books, magazines, pamphlets, or other
reference material in formally organized and officially designated USIA
libraries, where such materials are available under the rules of the
particular library.
Representative of the news media means a person actively gathering
news for an entity organized and operated to publish or broadcast news
to the public.``News'' means information that is about current events
or that would be of current interest to the public. News media entities
include television and radio broadcasters, publishers of periodicals
(to the extent they publish ``news'') who make their products available
for purchase or subscription by the general public, and entities that
may disseminate news through other media (e.g., electronic
dissemination of text). Freelance journalists shall be considered
representatives of a news media entity if they can show a solid basis
for expecting publication through such an entity. A publication
contract or a requester's past publication record may show such a
basis.
Request means asking in writing for records whether or not the
request refers specifically to the Freedom of Information Act.
Review means examining the records to determine which portions, if
any, may be released, and any other processing that is necessary to
prepare the records for release. It includes only the first examination
and processing of the requested documents for purposes of determining
whether a specific exemption applies to a particular record or portion
of a record.
Search means looking for records or portions of records responsive
to a request. It includes reading and interpreting a request, and also
page-by-page and line-by-line examination to identify responsive
portions of a document. However, it does not include line-by-line
examination where merely duplicating the entire page would be a less
expensive and a quicker way to comply with the request.
Sec. 503.2 Making a request.
(a) How to request records. All requests for documents shall be
made in writing. Requests should be addressed to the United States
Information Agency, Freedom of Information Officer, GC/FOI, room M-301
4th Street SW., Washington, DC 20547. Write the words ``Freedom of
Information Act Request'' on the envelope and letter.
(b) Details in your letter. Your request for documents should
provide as many details as possible that will help us find the records
you are requesting. If there is insufficient information, we will ask
you for more. Include your telephone number(s) to help us reach you if
we have questions. If you are not sure how to write your request or
what details to include, you may call the FOIA Office. The more
specific the request for documents, the faster the Agency will be able
to respond to your requests.
(c) Requests not handled under FOIA. We will not provide documents
requested under the FOIA and this part if the records are currently
available in the National Archives, subject to release through the
Archives, or commonly sold to the public by it or another agency
pursuant to statutory authority (for example, records currently
available from the Government Printing Office or the National Technical
Information Service). Agency records that are normally freely available
to the general public, such as USIA World, are not covered by the FOIA.
Also requests from Federal departments and court orders for documents
are not FOIA requests, nor are requests from Chairmen of Congressional
committees or subcommittees.
(d) Referral of requests outside the agency. If you request records
that were created by or provided to us by another Federal department,
we may refer your request to or consult with that department. We may
also refer requests for classified records to the department that
classified them. In cases of referral, the other department is
responsible for processing and responding to your request under that
department's regulation. When possible, we will notify you when we
refer your request to another department.
(e) Responding to your request--(1) Retrieving records. The Agency
is required to furnish copies of records only when they are in our
possession and control. If we have stored the records you want in a
records retention center, we will retrieve and review them for possible
disclosure. However, the Federal Government destroys many old records,
so sometimes it is impossible to fill requests. The Agency's record
retention policies are set forth in the General Records Schedules of
the National Archives and Records Administration and in USIA's Records
Disposition Schedule, which establish time periods for keeping records
before they may be destroyed.
(2) Furnishing records. The Agency is only required to furnish
copies of records which we have or can retrieve; we are not compelled
to create new records. For example, if the requested information is
maintained in computerized form and we can, with minimal computer
instructions, produce the information on paper, we will do so--if this
is the only way to respond to a request. We are not, however, required
to write a new computer program in order to print documentary material
in a format you might prefer.
On the other hand, we may decide to conserve government resources
and at the same time supply the records you need by consolidating
information from various records rather than copying them all. The
Agency is required to furnish only one copy of a record. If we are
unable to make a legible copy of a record to be released, we will not
attempt to reconstruct it. Rather we will furnish the best copy
possible and note its poor quality in our reply or on the copy. If
material exists in different forms, we will provide the record in the
form that best conserves government resources. For example, if it
requires less time and expense to provide a computer record as a paper
printout rather than on tape, we will provide the printout.
Sec. 503.3 Availability of agency records.
(a) Release of records. If we have released a record or part of a
record to others in the past, we will ordinarily release it to you
also. This principle does not apply if the previous release was an
unauthorized disclosure. However, we will not release it to you if a
statute forbids this disclosure and we will not necessarily release it
to you if an exemption applies in your situation and did not apply or
applied differently in the previous situations.
(b) Denial of requests. All denials are in writing and describe in
general terms the material withheld and state the reasons for the
denial, including a reference to the specific exemption of the FOIA
authorizing the withholding or deletion. The denial also explains your
right to appeal the decision and it will identify the official to whom
you should send the appeal. Denial letters are signed by the person who
made the decision to deny all or part of the request, unless otherwise
noted.
(c) Unproductive searches. We make a diligent search for records to
satisfy your request. Nevertheless, we may not be able always to find
the records you want using the information you provided, or they may
not exist. If we advise you that we have been unable to find the
records despite a diligent search, you will nevertheless be provided
the opportunity to appeal the adequacy of the Agency's search. However,
if your request is for records that are obviously not connected with
this Agency or your request has been provided to us in error, a ``no
records'' response will not be considered an adverse action and you
will not be provided an opportunity to appeal.
(d) Appeal of denials. You have the right to appeal a partial of
full denial of your FOIA request. To do so, you must put your appeal in
writing and address it to the official identified in the denial letter.
Your appeal letter must be dated and postmarked within 30 calendar days
from the date of the Agency's denial letter. Because we have some
discretionary authority in deciding whether to release or withhold
records, you may strengthen your appeal by explaining your reasons for
wanting the records. However, you are not required to give any
explanation. Your appeal will be reviewed by the Agency's Access Appeal
Committee which consists of senior Agency officials. When the Committee
responds to your appeal, that constitutes the Agency's final action on
the request. If the Access Appeal Committee grants your appeal in part
or in full, we will send the records to you promptly or set up an
appointment for you to inspect them. If the decision is to deny your
appeal in part or in full, the final letter will state the reasons for
the decision, name the officials responsible for the decision, and
inform you of the FOIA provisions for judicial review.
Sec. 503.4 Time limits.
(a) General. The FOIA sets certain time limits for us to decide
whether to disclose the records you requested, and to decide appeals.
If we fail to meet the deadlines, you may proceed as if we had denied
your request or your appeal. Since requests may be misaddressed or
misrouted, you should call or write to confirm that we have the request
and to learn its status if you have not heard from us in a reasonable
time.
(b) Time allowed. (1) We will decide whether to release records
within 10 working days after your request reaches the appropriate area
office that maintains the records you are requesting. When we decide to
release records, we will actually provide the records at that time, or
as soon as possible after that decision, or let you inspect them as
soon as possible thereafter.
(2) We will decide an appeal within 20 working days after the
appeal reaches the appropriate reviewing official.
(3) The FOI Officer or appeal official may extend the time limits
in unusual circumstances for initial requests or appeals, up to 10
working days. We will notify you in writing of any extensions.
``Unusual circumstances'' include situations where we: Search for and
collect records from field facilities, records centers or locations
other than the office processing the records; search for, collect, or
examine a great many records in response to a single request; consult
with another office or department that has substantial interest in the
determination of the request; and/or conduct negotiations with
submitters and requesters of information to determine the nature and
extent of non-disclosable proprietary materials.
Sec. 503.5 Records available for public inspection.
(a) To the extent that they exist, we will make the following
records of general interest available for your inspection and copying:
(1) Orders and final opinions, including concurring and dissenting
opinions in adjudications. (See Sec. 503.8(e) of this part for
availability of internal memoranda, including attorney opinions and
advice.)
(2) Statements of policy and interpretations that we have adopted
but have not published in the Federal Register.
(3) Administrative staff manuals and instructions to staff that
affect the public. (We will not make available, however, manuals or
instructions that reveal investigative or audit procedures as described
in Sec. 503.8 (b) and (g) of this part.)
(4) In addition to such records as those described in paragraph (a)
of this section, we will make available to any person a copy of all
other Agency records, unless we determine that such records should be
withheld from disclosure under subsection (b) of the Act and
Secs. 503.8 and 503.9 of this part.
(b) Before releasing these records, however, we may delete the
names of people, or information that would identify them, if release
would invade their personal privacy to a clearly unwarranted degree.
(See Sec. 503.8(f).)
(c) This Agency does not publish an FOIA index because it is
impracticable to do so.
Sec. 503.6 Restriction on some agency records.
Under the U.S. Information and Educational Exchange Act of 1948 (22
U.S.C. 1461, as amended), the USIA is prohibited from disseminating
within the United States information about the U.S., its people, and
its policies when such materials have been prepared by the Agency for
audiences abroad. This includes films, radio scripts and tapes, video
tapes, books, and similar materials produced by the Agency. However,
this law does provide that upon request, such information shall be made
available at USIA for examination only by representatives of the press,
magazines, radio systems and stations, research students or scholars
and available for examination only to Members of Congress.
Sec. 503.9 [Reserved]
3. Section 503.9 is removed and reserved.
Les Jin,
General Counsel.
[FR Doc. 94-2708 Filed 2-7-94; 8:45 am]
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