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Federal Register / Vol. 86, No. 109 / Wednesday, June 9, 2021 / Proposed Rules under the Freedom of Information Act FOIA and the Privacy Act. The Agency is revising its regulations to update several procedural provisions, including methods for submitting requests under the FOIA, and initial appeals of denials of requests, for records of the Office of the USAID Inspector General OIG. The Inspector General Act of 1978, as amended 5 U.S.C. App. 3 was enacted to, create independent and objective units, to perform investigative and monitoring functions within Executive Departments and Agencies of the Federal Government, including USAID.
These revisions will further the OIGs independence and streamline the processing of requests that seek OIG
records.
List of Subjects in 22 CFR Part 212
Freedom of information.
For the reasons stated in the preamble, USAID proposes to revise 22
CFR part 212 to read as follows:
PART 212PUBLIC INFORMATION
Subpart AGeneral Provisions Sec.
212.1 Purpose and scope.
212.2 Policy.
212.3 Records available on the Agencys website.

Subpart CRequirements for Making Requests 212.5 How to make a request for records.
Subpart DResponsibility for Responding to Requests 212.6 Designation of authorized officials.
212.7 Processing of request.

Subpart FResponses to Requests 212.9 Responsibility for responding to requests.
Subpart GConfidential Commercial Information 212.10 Policy and procedures.

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Subpart HAdministrative Appeals 212.11 Appeal procedures.
212.12 Mediation and dispute services.
Subpart IPreservation of Records 212.13 Policy and procedures.
Subpart JFees 212.14 Fees to be chargedgeneral.
212.15 Fees to be chargedrequester categories.
Subpart KFOIA Definitions 212.16 Glossary.

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Subpart MPrivacy Act Provisions 212.18 Purpose and scope.
212.19 Privacy definitions.
212.20 Request for access to records.
212.21 Request to amend or correct records.
212.22 Request for accounting of record disclosures.
212.23 Appeals from denials of PA
amendment requests.
212.24 Specific exemptions.
Authority: Pub. L. 114185, 130 Stat. 538.

Subpart AGeneral Provisions 212.1

Purpose and scope.

This subpart contains the rules that the United States Agency for International Development hereinafter USAID or the Agency follows in processing requests for records under the Freedom of Information Act FOIA, 5 U.S.C. 552. The rules in this subpart should be read in conjunction with the text of the FOIA. Requests made by individuals for records about themselves under the Privacy Act of 1974, are processed under subpart O.
Definitions of FOIA terms are referenced in subpart L.
212.2

Subpart BProactive Disclosures of Agency Records 212.4 Materials available for public inspection and copying.

Subpart ETiming of Responses to Requests 212.8 Time limits.

Subpart LOther Rights and Services 212.17 Rights and services qualified by the FOIA statute.

Policy.

a General policy. As a general policy, USAID follows a balanced approach in administering the FOIA.
USAID recognizes the right of the public to access information in the possession of the Agency. USAID also recognizes the legitimate interests of organizations or persons who have submitted records to the Agency or who would otherwise be affected by release of records. USAID
has no discretion to release certain records, such as trade secrets and confidential commercial information, prohibited from release by law. USAIDs policy calls for the fullest responsible disclosure consistent with those requirements of administrative necessity and confidentiality which are recognized under the FOIA.
b Definitions. For purposes of subparts A through K, M, and O of this part, record means information regardless of its physical form or characteristics including information created, stored, and retrievable by electronic means that is created or obtained by the Agency and under the control of the Agency at the time of the request, including information maintained for the Agency by an entity under Government contract for records management purposes. It does not include records that are not already in existence and that would have to be created specifically to respond to a
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request. Information available in electronic form shall be searched and compiled in response to a request unless such search and compilation would significantly interfere with the operation of the Agencys automated information systems.
212.3 Records available on the Agencys website.

Information that is required to be published in the Federal Register under 5 U.S.C. 552a1 is regularly updated by the Agency and found on its public website: https www.usaid.gov/foiarequests, or for records of the Office of the USAID Inspector General OIG, on the FOIA page of OIGs public website:
https oig.usaid.gov/FOIA. Records required by FOIA to be made available for public inspection in an electronic format under 5 U.S.C. 552a2 are available on the Agencys and OIGs public websites.
Subpart BProactive Disclosures of Agency Records 212.4 Materials available for public inspection and copying.

In accordance with this subpart, the Agency shall make the following materials available for public inspection in an electronic format:
a Operational policy in USAIDs Automated Directives System ADS
which have been adopted by the Agency and are not published in the Federal Register;
b Administrative staff manuals and instructions to staff that affect any member of the public; and c Copies of all records, regardless of form or format, which have been released pursuant to a FOIA request, and which have been requested three 3
or more times, or because of the nature of their subject matter, have become or are likely to become the subject of subsequent requests for substantially the same records. The Agency shall decide on a case by case basis whether records fall into this category, based on the following factors:
1 Previous experience with similar records;
2 The particular characteristics of the records involved, including their nature and the type of information contained in them; and 3 The identity and number of requesters and whether there is widespread media, historical, academic, or commercial interest in the records.

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