[Code of Federal Regulations]
[Title 45, Volume 4]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 45CFR1602.2]

[Page 418-419]
 
                        TITLE 45--PUBLIC WELFARE
 
                 CHAPTER XVI--LEGAL SERVICES CORPORATION
 
PART 1602--PROCEDURES FOR DISCLOSURE OF INFORMATION UNDER THE FREEDOM OF INFORMATION ACT--Table of Contents
 
Sec. 1602.2  Definitions.

    As used in this part--
    (a) Commercial use request means a request 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 the person on whose 
behalf the request is made. In determining whether a requester properly 
belongs in this category, the Corporation will look to the use to which 
a requester will put the documents requested. When the Corporation has 
reasonable cause to doubt the requester's stated use of the records 
sought, or where the use is not clear from the request itself, it will 
seek additional clarification before assigning the request to a 
category.
    (b) Duplication means the process of making a copy of a requested 
record pursuant to this part. Such copies can take the form of paper 
copy, microform, audio-visual materials, or machine readable electronic 
documents, among others.
    (c) Educational institution means a preschool, a public or private 
elementary or secondary school, an institution of undergraduate or 
graduate higher education, or an institution of professional or 
vocational education which operates a program or programs of scholarly 
research.
    (d) FOIA means the Freedom of Information Act, 5 U.S.C. 552.
    (e) Non-commercial scientific institution means 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.
    (f) Office of Inspector General records means those records as 
defined generally in this section which are exclusively in the 
possession and control of the Office of Inspector General of the Legal 
Services Corporation.
    (g) Records means books, papers, maps, photographs, or other 
documentary materials, regardless of whether the format is physical or 
electronic, made or received by the Corporation in connection with the 
transaction of the Corporation's business and preserved by the 
Corporation as evidence of the organization, functions, policies, 
decisions, procedures, operations, or other activities of the 
Corporation, or because of the informational value of data in them. The 
term does not include, inter alia, books, magazines, or other materials 
acquired solely for library purposes.
    (h) Representative of the news media means any person actively 
gathering news for an entity that is organized and operated to publish 
or broadcast news to the public. The term ``news'' means information 
that is about current events or that would be of current interest to the 
public. Examples of news media entities include television or radio 
stations broadcasting to the public at large and publishers of 
periodicals (but only in those instances when they can qualify as 
disseminators of ``news'') who make their products available for 
purchase or subscription by the general public. These examples are not 
intended to be all-inclusive. Moreover, as traditional methods of news 
delivery evolve (e.g., electronic dissemination of newspapers through 
telecommunications services), such alternative media would be included 
in this category. In the case of ``freelance'' journalists, they will 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.
    (i) Review means the process of examining documents located in 
response to a request to determine whether any

[[Page 419]]

portion of any such document is exempt from disclosure. It also includes 
processing any such documents for disclosure. Review does not include 
time spent resolving general legal or policy issues regarding the 
application of exemptions.
    (j) Search means the process of looking for and retrieving records 
that are responsive to a request for records. It includes page-by-page 
or line-by-line identification of material within documents and also 
includes reasonable efforts to locate and retrieve information from 
records maintained in electronic form or format. Searches may be 
conducted manually or by automated means and will be conducted in the 
most efficient and least expensive manner.