Federal Register - June 9, 2021
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Source: Federal Register
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Federal Register / Vol. 86, No. 109 / Wednesday, June 9, 2021 / Proposed Rules
Subpart CRequirements for Making Requests
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212.5
How to make a request for records.
a General information. USAID has a de-centralized system for responding to FOIA requests for all USAID records.
The USAID FOIA operations are broken down into two component FOIA
Offices: The Bureau for Management, Office of Management Services, Information and Records Division M/
MS/IRD and the Office of the USAID
Inspector General OIG.
b The Bureau for Management, Office of Management Services, Information and Records Division M/
MS/IRD is the central processing point for requests for USAID records contained in Washington, DC and its overseas missions. All FOIA requests for USAID records other than OIG records must be submitted to this office. To make a request for the Agencys records, a requester may send request via one of the following mediums:
1 By Email: foia@usaid.gov. Please include your mailing address, email address, phone number, and fee category with your request. While our FOIA Specialists are happy to answer questions about the FOIA Program and/
or help you formulate your request over the phone, please be advised that FOIA
requests cannot be accepted by phone.
2 Online Portal: To submit your request online, please click the subsequent link: https
foiarequest.usaid.gov/index.aspx.
3 By U.S. Postal Mail: United States Agency for International Development Bureau for Management, Office of Management Services Services, Information and Records Division, USAID Annex, Room 2.4.0A, Washington, DC 20523, 202 9164661.
4 By Fax: 202 9164990.
c OIG records. The Inspector General has received delegated authority from USAIDs Administrator to process requests and issue determinations with respect to requests, and appeals of initial denials of requests, for the OIGs records. To make a request for OIG
records, a requester may send a request via one of the following mediums:
1 By email: foiaoig@usaid.gov.
Please include your mailing address, email address, phone number, and fee category with your request.
2 Online Portal: Please submit a request online via the OIG website at https oig.usaid.gov/FOIA.
3 By U.S. Postal Mail: United States Agency of International Development, Office of Inspector General, Office of General Counsel, 1300 Pennsylvania Avenue NW, Suite 6.06D, Washington, DC 20523, 202 7121150.
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d Third party requests. Where a request for records pertains to a third party, a requester may receive greater access by submitting either a notarized consent form signed by the person who is the subject of the records, or a signed declaration by that person, made under penalty of perjury pursuant to 28 U.S.C.
1746, authorizing disclosure of the records to the requester, or by submitting proof that the individual is deceased e.g., a copy of a death certificate or an obituary. In addition, requesters may present an argument that there exists an overriding public interest in disclosure of the information related to official misconduct by producing evidence that alleged Government impropriety occurred. As an exercise of administrative discretion, the components FOIA office can require a requester to supply additional information if necessary in order to verify that a particular individual has consented to disclosure.
e Description of records sought.
Requesters must describe the records sought in sufficient detail to enable the components FOIA office personnel to locate them with a reasonable amount of effort. To the extent possible, requesters should include specific information that may assist in identifying the requested records, such as the date, title or name, author, recipient, subject matter of the record, case number, file designation, or reference number. In general, requesters should include as much detail as possible about the specific records or the types of records that they are seeking. Before submitting their requests, requesters may contact the component FOIA offices FOIA contact or FOIA Public Liaison to discuss the records they are seeking and to receive assistance in describing the records. If, after receiving a request, the components FOIA office determines that it does not reasonably describe the records sought, the components FOIA
office shall inform the requester what additional information is needed or why the request is otherwise insufficient.
Requesters who are attempting to reformulate or modify such a request may discuss their request with the component FOIA offices designated FOIA Specialist or its FOIA Public Liaison, each of whom is available to assist the requester in reasonably describing the records sought. If a request does not reasonably describe the records sought, the component FOIA
offices response to the request may be delayed or denied.
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Subpart DResponsibility for Responding to Requests 212.6
Designation of authorized officials.
a The Assistant Administrator for the Bureau for Management M serves as the USAID Chief FOIA Officer. The Chief FOIA Officer has overall responsibility for USAID compliance with the FOIA. The Chief FOIA Officer provides high level oversight and support to USAIDs FOIA programs, and recommends adjustments to agency practices, personnel, and funding as may be necessary to improve FOIA
administration, including through an annual Chief FOIA Officers Report submitted to the U.S. Department of Justice. The Chief FOIA Officer is responsible for offering training to agency staff regarding their FOIA
responsibilities; serves as the primary liaison with the Office of Government Information Services and the Office of Information Policy; and reviews, not less frequently than annually, all aspects of the Agencys administration of the FOIA to ensure compliance with the FOIAs requirements.
b The Bureau for Management, Office of Management Services, Information and Records Division M/
MS/IRD is the component FOIA office that receives, tracks, and processes all of USAIDs FOIA requests, other than requests for OIG records, to ensure transparency within the Agency.
c The Deputy Director, Bureau for Management, Office of Management Services M/MS/OD serves as the USAID FOIA Appeals Officer for requests for all USAID records other than OIG records. The FOIA Appeals Officer is responsible for receiving and acting upon appeals from requesters whose initial FOIA requests for USAID
records other than OIG records have been denied, in whole or in part.
d The Deputy Inspector General serves as the USAID OIG FOIA Appeals Officer for appeals of requests for OIG
records.
e The Chief, Bureau for Management, Office of Management Services, Information and Records Division M/MS/IRD serves as USAIDs FOIA Officer and USAIDs FOIA Public Liaison. The FOIA Officer is responsible for program direction, original denials, and policy decisions required for effective implementation of USAIDs FOIA program. The FOIA Public Liaison serves as a supervisory official to whom a FOIA requester can raise concerns about the services received, following an initial response from the FOIA staff.
In addition, the FOIA Public Liaison assists, as appropriate, in reducing delays, increasing transparency and
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