CFR Part 51-8
PART 51-8PUBLIC AVAILABILITY OF AGENCY MATERIALS
§ 51-8.1 Purpose.
§ 51-8.2 Scope.
§ 51-8.3 Definitions.
§ 51-8.4 Availability
of materials.
§ 51-8.5 Requests for records.
§ 51-8.6 Aggregating requests.
§ 51-8.7 Committee response to requests for
records.
§ 51-8.8 Business information.
§ 51-8.9 Records of other agencies.
§ 51-8.10 Appeals.
§ 51-8.11 Extensions of time.
§ 51-8.12 Fee schedule.
§ 51-8.13 Fees charged by category of requester.
§ 51-8.14 Fee waivers and reductions.
§ 51-8.15 Collection of fees and charges.
§ 51-8.16 Preservation of records.
§ 51-8.1 Purpose.
These regulations implement the provisions of the "Freedom of Information
Act," 5 U.S.C. 552. They establish procedures under which the public
may inspect and obtain copies of material maintained by the Committee,
provide for administrative appeal of initial determinations to deny
requests for material, and prescribe fees to be charged by the Committee
to recover search, review, and duplication costs
§ 51-8.2 Scope.
(a) These regulations shall apply to all final determinations
made by the Committee, including all objections; and to any other
Committee records reasonably described and requested by a person
in accordance with these regulations--except to the extent that
such material is exempt in accordance with paragraph (b) of this
section. Where a request does not reasonably describe the requested
information, the requester will be asked to provide more specific
information.
(b) Requests for inspection and copies shall not be granted with
respect to matters that are:
(1) Related to records:
(i) Specifically authorized under criteria established by an Executive
Order to be kept secret in the interest of national defense or foreign
policy, and
(ii) In fact properly classified pursuant to such Executive Order;
(2) Related solely to the internal personnel rules and practices
of the Committee;
(3) Specifically exempted from disclosure by statute;
(4) Trade secrets and commercial or financial information obtained
from a person and privileged or confidential;
(5) Inter-agency or intra-agency memoranda or letters which would
not be available by law to a party other than an agency in litigation
with the Committee;
(6) Personnel, medical files and similar files, the disclosure of
which would constitute a clearly unwarranted invasion of personal
privacy;
(7) Records or information compiled for law enforcement purposes,
but only to the extent that the production of such law enforcement
records or information:
(i) Could reasonably be expected to interfere with enforcement proceedings,
(ii) Would deprive a person of a right to a fair trial or an impartial
adjudication,
(iii) Could reasonably be expected to constitute an unwarranted
invasion of personal privacy,
(iv) Could reasonably be expected to disclose the identity of a
confidential source, including a State, local, or foreign agency
or authority or any private institution, which furnished information
on a confidential basis and, in the case of a record or information
compiled by a criminal law enforcement authority in the course of
a criminal investigation, or by an agency conducting a lawful national
security intelligence investigation, information furnished by a
confidential source,
(v) Would disclose techniques and procedures for law enforcement
investigations or prosecutions, or would disclose guidelines for
law enforcement investigations or prosecutions if such disclosure
could reasonably be expected to risk circumvention of the law, or
(vi) Could reasonably be expected to endanger the life or physical
safety of any individual;
(8) Contained in or related to examination, operation, or condition
of reports prepared by, on behalf of, or for the use of an agency
responsible for the regulation or supervision of financial institutions;
or
(9) Geological and geophysical information and data, including maps
concerning wells.
(c) Whenever a request is made which involves access to records
described in paragraph (b)(7)(i) of this section and:
(1) The investigation or proceeding involves a possible violation
of criminal law; and
(2) There is reason to believe that:
(i) The subject of the investigation or proceeding is not aware
of its pendency, and
(ii) Disclosure of the existence of the records could reasonably
be expected to interfere with enforcement proceedings, then the
agency may, during only such time as that circumstance continues,
treat the records as not subject to the requirements of this section.
(d) Whenever informant records maintained by a criminal law enforcement
agency under an informant's name or personal identifier are requested
by a third party according to the informant's name or personal identifier,
the agency may treat the records as not subject to the requirements
of this section unless the informant's status as an informant has
been officially confirmed.
(e) Whenever a request is made which involves access to records
maintained by the Federal Bureau of Investigation pertaining to
foreign intelligence or counterintelligence, or international terrorism,
and the existence of the records is classified information as provided
in paragraph (b)(1) of this section, the Bureau may, as long as
the existence of the records remains classified information, treat
the records as not subject to the requirements of this section.
§ 51-8.3 Definitions.
As used in this part:
(a) The term Act means the Freedom of Information Act (5
U.S.C. 552), as amended.
(b) The term Chairperson means the Chairperson of the Committee
for Purchase From People Who Are Blind or Severely Disabled.
(c) The term Executive Director means the Executive Director
of the Committee for Purchase From People Who Are Blind or Severely
Disabled.
(d) The term exempt materials means those materials described
in § 51-8.2(b).
(e) The term non-exempt materials refers to all materials
described in § 51-8.2(a), except exempt materials included
in § 51-8.2(b).
(f) The term duplication refers to the process of making
a copy of a document necessary to respond to a request. Such copies
can take the form of paper copy, audio-visual materials, or machine
readable materials (e.g., magnetic tape or disk), among others.
(g) The term search includes all time spent looking for
material that is responsive to a request, including page-by-page
or line-by-line identification of material within documents.
(h) The term review refers to the process of examining
documents located in response to a request that is for a commercial
use to determine whether any portion of any document located is
permitted to be withheld. It also includes processing any documents
for disclosure, e.g., doing all that is necessary to excise them
and otherwise prepare them for release. Review does not include
time spent resolving general legal or policy issues regarding the
application of exemptions.
§ 51-8.4 Availability of materials.
Material described in 5 U.S.C. 552(a)(2) shall be available for
inspection during normal business hours at the Committee's offices,
Jefferson Plaza 2, Suite 10800, 1421 Jefferson Davis Highway, Arlington,
Virginia 22202-3259. An individual who intends to visit the Committee
offices to inspect this material shall make an appointment with
the Executive Director at least one week in advance, except when
the Committee has provided notification to the individual that the
material is available for inspection in the Committee offices, in
which case an appointment must be made at least 24 hours in advance.
§ 51-8.5 Requests for records.
(a) Requests to obtain copies of any material maintained by the
Committee must be submitted in writing to the Executive Director
at the Committee's offices, Jefferson Plaza 2, Suite 10800, 1421
Jefferson Davis Highway, Arlington, Virginia 22202-3259. The requester
may in his or her petition ask for a fee waiver if there is likely
to be a charge for the requested information. All requests for records
shall be deemed to have been made pursuant to the FOIA, regardless
of whether the Act is specifically mentioned. Failure to submit
a request in accordance with these procedures may delay the processing
of the request.
(b) A request must reasonably describe the records to enable agency
personnel to locate them with reasonable effort. Where possible,
a requester should supply specific information regarding dates,
titles, and other identification which will help to identify the
records.
(c) If the Committee determines that a request does not reasonably
describe the records, it shall inform the requester of this fact
and extend to the requester an opportunity to clarify the request
or to confer promptly with knowledgeable agency personnel to attempt
to identify the records he or she is seeking. The "date of receipt"
in such instances shall be the date of receipt of the amended or
clarified request.
(d) Nothing in this part shall be interpreted to preclude the
Committee from honoring an oral request for information, but, if
the requester is dissatisfied with the response, the Committee official
involved shall advise the requester to submit a written request
in accordance with paragraph (a) of this section. The "date of receipt"
of such a request shall be the date of receipt of the written request.
For recordkeeping purposes, the Committee in responding to an oral
request for information may ask the requester to confirm the oral
request in writing.
§ 51-8.6 Aggregating requests.
When the Committee reasonably believes that a requester, or a group
of requesters acting in concert, is attempting to break a request
down into a series of requests for the purpose of evading the assessment
of fees, the Committee may aggregate any such requests and charge
accordingly. Elements to be considered in determining whether a
belief would be reasonable include the time period in which the
requests have occurred and the subject matter involved.
§ 51-8.7 Committee response to requests
for records.
(a) An initial determination whether, and to what extent, to grant
each request for records or a fee waiver shall be made by the Executive
Director within 10 days (excepting Saturdays, Sundays, and legal
public holidays) after receipt of that request. The person making
the request shall be notified as soon as the determination is made.
(b) In making an initial determination whether and to what extent
requested information will be released, the Committee shall first
consider whether the material requested is of a type described in
§ 51-8.2(a); if it is, the request shall be granted unless the material
is exempted by § 51-8.2(b). If the material requested is not a type
described in § 51-8.2(a), or is the subject of one or more exemptions,
the request may be denied.
(c) If a determination is made to grant a request, the relevant
material shall be furnished as soon as possible following the determination
to grant the request, and after payment of the fee specified in
§ 51-8.12 when required, except that copies of less than 10 pages
of material requested in person ordinarily will be furnished immediately
following the determination to grant the request.
(d) Where portions of the requested material are exempt under
§ 51-8.2(b), and are reasonably segregable from the remainder of
the material, those portions shall be excised from the materials
disclosed.
(e) If a determination is made to deny a request, or a portion
thereof, the notification shall include a statement of the reasons
for such action, shall set forth the name and position of the person
responsible for the denial, and shall advise the requester of the
right, and the procedures required under § 51-8.10 to appeal the
denial to the Chairperson.
(f) The Committee will require prepayment of fees for search,
review, and reproduction which are likely to exceed $250.00. When
the anticipated total fee exceeds $250.00, the requester will receive
notice to prepay and at the same time will be given an opportunity
to modify his or her request to reduce the fee. The Committee will
also inform the requester that fees for search time will be charged
even if the search proves unsuccessful. The Committee will not start
processing a request until payment is received.
(g) Whenever duplication fees or search fees are anticipated to
exceed $25.00, but not more than $250.00 and the requester has not
indicated, in advance, a willingness to pay fees as high as those
anticipated, the Committee will notify the requester of the amount
of the anticipated fee. Similarly, where an extensive and therefore
costly successful search is anticipated, the Committee will notify
requesters of the anticipated fees. The Committee will not start
processing the request until assurance of payment is received.
(h) Photocopies and directives furnished to the public are restricted
to one copy of each page.
§ 51-8.8 Business information.
(a) When, in responding to an FOIA request, the Committee cannot
readily determine whether the information obtained from a person
is privileged or confidential business information or when a submitter
has labeled information as proprietary at the time of submission,
it shall:
(1) Obtain and consider the views of the submitter of the information
and provide the submitter at least 10 working days to object to
any decision to disclose the information and to provide reasons
for the objection;
(2) Provide business information submitters with notice of any determination
to disclose such records, to which the submitter has objected to
disclosure, 10 working days prior to the disclosure date, and the
reasons for which its disclosure objection is not sustained;
(3) Notify business information submitters promptly of all instances
in which FOIA requesters are bringing suit seeking to compel disclosure
of submitted information.
(b) The submitter, in responding to a request under paragraph (a)(1)
of this section, must explain fully all grounds upon which disclosure
is opposed. For example, if the submitter maintains that disclosure
is likely to cause substantial harm to its competitive position,
the submitter must explain how disclosure would cause such harm.
(c) When a central nonprofit agency has submitted business information
on behalf of a workshop, the workshop shall be considered to be
the "business information submitter" for the purposes of this section.
§ 51-8.9 Records of other agencies.
(a) When the Committee receives a request to make available current
records that are the primary responsibility of another agency, the
Committee will refer the request to the agency concerned for appropriate
action.
(b) The Committee will notify the requestor of the referral in
paragraph (a) of this section and include the name and address of
the office to which the request was referred.
§ 51-8.10 Appeals.
(a) An appeal to the Chairperson of any denial, in whole or in
part, of a request for access to and copies of material may be made
by submission of a written request for reconsideration. Such requests
shall state the specific reasons for reconsideration that address
directly the grounds upon which the denial was based. Requests must
be addressed to the Chairperson at the Committee offices and must
be received within 30 calendar days of the requester's receipt of
the Committee's initial denial.
(b) The Chairperson shall make a determination with respect to
any appeal within 20 days (excepting Saturdays, Sundays, and legal
public holidays) after receipt of the request for reconsideration.
The person making such a request shall immediately be notified by
mail of the determination.
(c) If the initial denial is reversed by the Chairperson, any
material with which the reversal is concerned shall be made available
in accordance with § 51-8.7(b).
(d) If the denial is upheld, in whole or in part, the Chairperson
shall include in the notification a statement of the requester's
right of judicial review under 5 U.S.C. 552(a)(4), and the name
and position of the person responsible for the denial.
§ 51-8.11 Extensions of time.
(a) Whenever unusual circumstances exist, such as those set forth
in paragraph (b) of this section, the times within which determinations
must be made by the Executive Director on requests for access (10
working days), and by the Chairperson on requests for reconsideration
(20 working days), may be extended by written notice to the requester
for a time not to exceed an aggregate of 30 working days. The notice
shall set forth the reasons for such extension, and the date on
which a determination is expected to be made. Extensions of time
shall be utilized only to the extent reasonably necessary to the
proper processing of the particular request.
(b) As used in this section, "unusual circumstances" may mean:
(1) The need to search for, collect, and appropriately examine a
voluminous amount of separate and distinct records which are the
subject of a single request;
(2) The need for consultation, which shall be conducted with all
practicable speed, with another agency having a substantial interest
in the determination of the request; or
(3) The need to obtain and consider the views of a business information
submitter under § 51-8.8.
§ 51-8.12 Fee schedule.
(a) This schedule sets forth fees to be charged for processing
requests for records under the FOIA. No higher fees or charges in
addition to those provided for in this schedule may be charged a
party requesting records under FOIA.
(b) Subject to the criteria set forth in § 51-8.13, fees may be
assessed under FOIA on all requests involving document search, duplication,
and review. Fees may also be charged in situations involving special
service to requests, such as certifying that records requested are
true copies, or sending records by special methods such as express
mail, etc.
(c) Instances in which fees may not be charged are as follows:
(1) No charge shall be made for the first 100 pages of duplicated
information (8 1/2" x 14" or smaller-size paper), or the first two
hours of manual search time, or the first two minutes of computer
search time, except on requests seeking documents for a commercial
use, as specified in § 51-8.13;
(2) Also, no charge shall be made--even to commercial use requesters--if
the cost of collecting a fee would be equal to or greater than the
fee itself;
(3) In addition, fees shall not be charged for time spent by an
agency employee in resolving legal or policy issues, or in monitoring
a requester's inspection of agency records;
(4) Documents shall also be furnished without charge when members
of the public provide their own copying equipment, in which case
no copying fee will be charged (although search and review fees
may still be assessed).
(d) Fees for records and related services are as follows:
(1) The fee for photocopies of pages 8 1/2" x 14" or smaller shall
be $0.20 for each page;
(2) The fee for photocopies larger than 8 1/2" x 14" shall be $0.50
per linear foot of the longest side of the copy;
(3) The fee for other forms of duplicated information, such as microfilm,
audio-visual materials, or machine-readable documentation (i.e.,
magnetic tape or disk) shall be the actual direct cost of producing
the document(s);
(4) Manual searches shall be charged at the salary rate of the employee
conducting the search, plus 16 percent of the employee's basic pay.
(e) Computer searches and services shall be charged at the rate
of $22.00 per minute. The $22.00-per-minute rate includes the cost
of operating the central processing unit (CPU), and the computer
operator's salary. When the services of a computer programmer or
a computer program analyst are required in connection with an FOIA
request, the fee for those services shall be $16.00 and $20.00 per
hour, respectively.
(f) Charges for unsuccessful searches, or searches which fail to
locate records or which locate records which are exempt from disclosure,
shall be assessed at the same fee rate as searches which result
in disclosure of records.
(g) The fee for providing review services shall be the hourly
salary rate (i.e., basic pay plus 16 percent) of the employee conducting
the review to determine whether any information is exempt from mandatory
disclosure.
§ 51-8.13 Fees charged by category of requester.
(a) Under the FOIA, as amended, there are four categories of FOIA
requesters: Commercial use requesters; educational and non-commercial
scientific institutions; representatives of the news media; and
all other requesters. The Act prescribes specific levels of fees
for each category.
(b) Commercial use requesters. For commercial use requesters,
the Committee shall assess charges which recover the full direct
costs of searching for, reviewing for release, and duplicating the
records sought. Commercial use requesters are not entitled to two
hours of free search time nor 100 free pages of reproduction of
documents referenced in § 51-8.12(c)(1). The Committee may charge
for the cost of searching for and reviewing records for commercial
use requesters even if there is ultimately no disclosure of records.
(1) A commercial use requester is defined as one who seeks information
for a use or purpose that furthers the commercial, trade, or profit
interests of the requester or the person on whose behalf the request
is made.
(2) In determining whether a requester properly belongs in this
category the Committee must determine whether the requester will
put the documents to a commercial use. Where the Committee has reasonable
cause to doubt the use to which a requester will put the records
sought, or where that use is not clear from the request itself,
the Committee may seek additional clarification from the requester.
(c) Educational and non-commercial scientific institution requesters.
Fees for this category of requesters shall be limited to the cost
of providing duplication service alone, minus the charge for the
first 100 reproduced pages. No charge shall be made for search or
review services. To qualify for this category, requesters must show
that the request is being made as authorized by and under the auspices
of an eligible institution and that the records are not sought for
a commercial use, but are sought in furtherance of scholarly research
(if the request is from a non-commercial scientific institution).
(1) The term "educational institution" refers to a preschool, a
public or private elementary or secondary school, an institution
of graduate higher education, an institution of undergraduate higher
education, an institution of professional education, and an institution
of vocational education, which operates a program or programs of
scholarly research.
(2) The term "non-commercial scientific institution" refers to an
institution that is not operated on a "commercial" basis, and which
is operated solely for the purpose of conducting scientific research
the results of which are not intended to promote any particular
product or industry.
(d) Requesters who are representatives of the news media--Fees
for this category of requesters shall also be limited to the cost
of providing duplication service alone, minus the charge for the
first 100 reproduced pages. No charge shall be made for providing
search for review services. Requests in this category must not be
made for a commercial use.
(1) The term "representative of the news media" refers to any person
actively gathering news for an entity that is organized and operated
to publish or broadcast news to the public.
(2) The term "news" means information that is about current events
or that would be of current interest to the public.
(3) Examples of news media entities include television or radio
stations broadcasting to the public at large, and publishers of
periodicals which disseminate news and who make their products available
for purchase or subscription by the general public.
(4) "Freelance" journalists may be regarded as working for a news
organization if they can demonstrate a solid basis for expecting
publication through that organization, even though not actually
employed by it.
(e) All other requesters. Fees for requesters who do not fit into
any of the above categories shall be assessed for the full reasonable
direct cost of searching for and duplicating documents that are
responsive to a request, except that the first 100 pages of reproduction
and the first two hours of search time shall be furnished without
charge.
§ 51-8.14 Fee waivers and reductions.
The Committee will waive or reduce fees on requests for information
if disclosure of the information is deemed to be in the public interest
because it is likely to contribute significantly to public understanding
of the operations or activities of the Government, and is not primarily
in the commercial interest of the requester.
(a) In determining when fees shall be waived or reduced, the Committee
will consider the following six factors:
(1) The subject of the request, i.e., whether the subject of the
requested records concerns "the operations or activities of the
Government;"
(2) The informative value of the information to be disclosed, i.e.,
whether the disclosure is "likely to contribute" to an understanding
of Government operations or activities;
(3) The contribution to an understanding of the subject by the general
public likely to result from disclosure, i.e., whether disclosure
of the requested information will contribute to "public understanding;"
(4) The significance of the contribution to public understanding,
i.e., whether the disclosure is likely to contribute "significantly"
to public understanding of Government operations or activities;
(5) The existence and magnitude of a commercial interest, i.e.,
whether the requester has a commercial interest that would be furthered
by the requested disclosure; and, if so,
(6) The primary interest in disclosure, i.e., whether the magnitude
of the identified commercial interest of the requester is sufficiently
large, in comparison with the public interest in disclosure, that
disclosure is "primarily in the commercial interest of the requester."
(b) The Committee may waive or reduce fees associated with a request
for disclosure regardless of whether a waiver or reduction has been
requested if the Committee determines that disclosure will primarily
benefit the general public.
(c) Fees shall be waived in all circumstances where the amount
of the fee is $10 or less as the cost of collection would be greater
than the fee. This minimum shall be applied separately to each Committee
response when it is necessary for the Committee to make more than
one response to a request for records.
§ 51-8.15 Collection of fees and charges.
(a) Except when prepayment is required, payments shall be collected
to the fullest extent possible at the time the requested materials
are furnished. Payments shall be made by requesters within 30 days
of the date of the billing.
(b) Payments shall be made by check, draft, or money order made
payable to the Treasury of the United States.
(c) In instances where a requester has previously failed to pay
a fee, the Committee may require the requester to pay the full amount
owed, plus any applicable interest as provided below, as well as
the full estimated fee associated with any new request before it
begins to process the new or subsequent request.
(d) On requests that result in fees being assessed, interest will
be charged on an unpaid bill starting on the 31st day following
the day on which the billing was sent. Interest will be at the rate
prescribed in section 3717 of Title 31 United States Code, and will
accrue from the date of the billing.
(e) In attempting to collect fees levied under FOIA, the Committee
will abide by the provisions of the Debt Collection Act of 1982
(Pub. L. 97-365) in disclosing information to consumer reporting
agencies and in the use of collection agencies, where appropriate,
to encourage payment.
§ 51-8.16 Preservation of records.
The Committee shall preserve all correspondence relating to the
requests it receives under this part, and all records processed
pursuant to such requests, until such time as the destruction of
such correspondence and records is authorized pursuant to Title
44 United States Code, and to the General Records schedule. Records
shall not be destroyed while they are the subject of a pending request,
appeal, or lawsuit under the Act.
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