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Federal Register / Vol. 86, No. 109 / Wednesday, June 9, 2021 / Proposed Rules
Electronic record is any information that is recorded in a form that only a computer can process and that satisfies the definition of a Federal record per the Federal Records Act. Federal electronic records are not necessarily kept in a recordkeeping system but may reside in a generic electronic information system or are produced by an application such as word processing or electronic mail.
Exemptions are nine categories of information that are not required to be released in response to a FOIA request because release would be harmful to a government or private interest. These categories are called exemptions from disclosures.
Expedited processing is the FOIA
response track granted in certain limited situations, specifically when a FOIA
request is processed ahead of other pending requests.
Freedom of Information Act or FOIA
is a United States federal law that grants the public access to information possessed by government agencies.
Upon written request, U.S. government agencies are required to release information unless it falls under one of nine exemptions listed in the Act.
Frequently requested records are records that have been requested three 3 or more times from the components FOIA office.
Multi-track processing is a system that divides in-coming FOIA requests according to their complexity so that simple requests requiring relatively minimal review are placed in one processing track and more complex requests are placed in one or more other tracks. Requests granted expedited processing are placed in yet another track. Requests in each track are processed on a first in/first out basis.
Office of Government Information Services OGIS offers mediation services to resolve disputes between FOIA requesters and agencies as an alternative to litigation. OGIS also reviews agency FOIA compliance, policies, and procedures and makes recommendations for improvement. The Office is a part of the National Archives and Records Administration, and was created by Congress as part of the OPEN
Government Act of 2007, which amended the FOIA.
Proactive disclosures are records made publicly available by agencies without waiting for a specific FOIA
request. Agencies now post on their websites material concerning their functions and mission. The FOIA itself requires agencies to make available certain categories of information, including final opinions and orders, specific policy statements, certain
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administrative staff manuals and frequently requested records.
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 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.
Referral occurs when an agency locates a record that originated with, or is of otherwise primary interest to another Department, agency, or component. It will forward that record to the other agency to process the record and to provide the final determination directly to the requester.
Simple request is a FOIA request that a components FOIA office anticipates will involve a small volume of material or which will be able to be processed relatively quickly.
Subpart LOther Rights and Services 212.17 Rights and services qualified by the FOIA statute.

Nothing in this subpart shall be construed to entitle any person, as a right, to any service or to the disclosure of any record to which such person is not entitled under the FOIA.
Subpart MPrivacy Act Provisions 212.18

Purpose and scope.

This subpart contains the rules that the USAID follows under the Privacy Act of 1974 PA, 5 U.S.C. 552a, as amended. These rules should be read together with the text of the statute, which provides additional information about records maintained on individuals. The rules in this subpart apply to all records in systems of records maintained by the agency that are retrieved by an individuals name or personal identifier. They describe the procedures by which individuals may request access to records about themselves, request amendment or correction of those records, and request an accounting of disclosures of those records by the agency. If any records retrieved pursuant to an access request under the PA are found to be exempt
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from access under that Act, they will be processed for possible disclosure under the FOIA, as amended. No fees shall be charged for access to or amendment of PA records.
212.19

Privacy definitions.

As used in this subpart, the following definitions shall apply:
a Individual means a citizen or a legal permanent resident alien LPR of the United States.
b Maintain includes maintain, collect, use, or disseminate.
c Record means any item, collection, or grouping of information about an individual that is maintained by the agency and that contains the individuals name or the identifying number, symbol, or other identifying particular assigned to the individual, such as a finger or voice print or photograph.
d System of records means a group of any records under the control of the agency from which information is retrieved by the name of an individual or by some identifying number, symbol, or other identifying particular assigned to an individual.
212.20

Request for access to records.

a In general. Requests for access to records other than OIG records under the PA must be made in writing and mailed to the Bureau for Management Services, Information and Records Division at the address given in 212.5.
Requests for access to OIG records under the PA must be made in writing and mailed to the Office of General Counsel for the OIG at the address given in 212.5.
b Description of records sought.
Requests for access should describe the requested records in sufficient detail to permit identification of the records. At a minimum, requests should include the individuals full name including maiden name, if appropriate and any other names used, current complete mailing address, city, state and country. Helpful data includes the approximate time period of the record and the circumstances that give the individual reason to believe that the agency maintains a record under the individuals name or personal identifier, and, if known, the system of records in which the record is maintained. In certain instances, it may be necessary for the components FOIA office to request additional information from the requester, either to ensure a full search, or to ensure that a record retrieved does in fact pertain to the individual.
c Verification of personal identity.
The components FOIA office will require reasonable identification of
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