[Code of Federal Regulations]

[Title 24, Volume 1]

[Revised as of April 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 24CFR15.2]



[Page 178-179]

 

                 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 to HUD by a submitter that arguably is



[[Page 179]]



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.