[Code of Federal Regulations] [Title 24, Volume 1] [Revised as of April 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 24CFR15.2] [Page 176-177] TITLE 24--HOUSING AND URBAN DEVELOPMENT PART 15--PUBLIC ACCESS TO HUD RECORDS UNDER THE FREEDOM OF INFORMATION ACT AND TESTIMONY AND PRODUCTION OF INFORMATION BY HUD EMPLOYEES--Table of Contents Subpart A--Purpose and Policy Sec. 15.2 What definitions apply to this part? The following definitions apply to this part. (a) Terms defined in part 5 of this title. The terms HUD, Secretary, and Organizational unit are defined in part 5 of this title. (b) Other terms used in this part. As used in this part: Business information means commercial or financial information provided [[Page 177]] to HUD by a submitter that arguably is protected from disclosure under Exemption 4 (42 U.S.C. 552(b)(4)) of FOIA. Duplication means the process of making a copy of a document necessary to respond to a FOIA request. Such copies can take the form of paper copy, microfilm, audio-visual materials, or machine readable documentation (e.g., magnetic tape or disk), among others. Educational institution means: (1) A preschool; (2) A public or private elementary or secondary school; (3) An institution of graduate higher education; (4) An institution of undergraduate higher education; (5) An institution of professional education; or (6) An institution of vocational education, that primarily (or solely) operates a program or programs of scholarly research. Employee of the Department means a current or former officer or employee of the United States appointed by or subject to the supervision of the Secretary, but does not include an officer or employee covered by part 2004 of this title. FOIA means the Freedom of Information Act (5 U.S.C. 552). Legal proceeding includes any proceeding before a court of law or other authority, i.e., administrative board or commission, hearing officer, arbitrator or other body conducting a quasi-judicial or legislative proceeding. Legal proceeding among private litigants means any legal proceeding in which the United States is not a party. Legal proceeding in which the United States is a party means any legal proceeding including as a named party the United States, the Department of Housing and Urban Development, or any other Federal executive or administrative agency or department, or any official thereof in his official capacity. News means information that is about current events or that would be of current interest to the public. Person means person as defined in 5 U.S.C. 551(2). It includes corporations and organizations as well as individuals. Review means the process of examining a document located in response to a request to determine whether any portion of it may be withheld, excising portions to be withheld, and otherwise preparing the document for release. Review time includes time HUD spends considering any formal objection to disclosure made by a submitter under Sec. 15.108. Review does not include time spent resolving general legal or policy issues regarding the application of exemptions. Search includes all time spent looking manually or by automated means for material that is responsive to a request, including page-by- page or line-by-line identification of material within documents. Submitter means any person or entity who provides business information, directly or indirectly, to HUD. The term includes, but is not limited to, corporations, State governments, and foreign governments.