[Federal Register Volume 82, Number 22 (Friday, February 3, 2017)]
[Rules and Regulations]
[Pages 9129-9131]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-02239]



22 CFR Part 1502

RIN 3005-AA01

Availability of Records

AGENCY: U.S. African Development Foundation.

ACTION: Final rule.


SUMMARY: The U.S. African Development Foundation (USADF) is revising 
its regulations on the availability of records in accordance with the 
FOIA Improvement Act of 2016, Public Law 114-185, and to make minor 
technical amendments and corrections.

DATES: This final rule is effective April 4, 2017.



I. Background

    The U.S. African Development Foundation (USADF) is revising its 
regulations on the availability of records under the Freedom of 
Information Act (FOIA), 5 U.S.C. 552, to conform to requirements of the 
FOIA Improvement Act of 2016, Public Law 114-185, and to make minor 
technical amendments and corrections to the regulations.

II. Section-by-Section Analysis

Section 1502.1

    In Sec.  1502.1(a) the rule adds ``United States'' before ``African 
Development Foundation'', adds ``(FOIA)'' after ``Freedom of 
Information Act'', and otherwise revises the section to read as set 
forth in the regulatory text.
    In Sec.  1502.1(c) the rule removes ``Director of Administration 
and Finance (A&F)'' and adds in its place ``Chief FOIA Officer''.

Section 1502.2

    In Sec.  1502.2(b) the rule adds ``United States'' before ``African 
Development Foundation''.

Section 1502.3

    The rule revises Sec.  1502.3 to read as set forth in the 
regulatory text.

Section 1502.4

    In Sec.  1502.4 the rule revises paragraphs (a) and (c), and in 
paragraph (b) removes the sentence: ``Blanket requests or requests for 
`the entire file of' or `all matters relating to' a specified subject 
will not be accepted.''

Section 1502.5

    Section Sec.  1502.5 is revised as set forth in the regulatory 

Section 1502.6

    The rule revises the first sentence of Sec.  1502.6 to read as set 
forth in the regulatory text.

Section 1502.7

    The rule amends Sec.  1502.7 to add a new paragraph (a), to remove 
paragraph (c), to redesignate paragraphs (a) and (b) as paragraphs (b) 
and (c), and to revise paragraphs (b), (c)(2), (c)(3) and (c)(4) set 
forth in the regulatory text.

Section 1502.8

    The rule revises Sec.  1502.8 to read as set forth in the 
regulatory text.

Section 1502.9

    The rule amends Sec.  1502.9 to revise paragraphs (a), (b), and 
(c), and to add paragraphs (d) and (e) to read as set forth in the 
regulatory text.

III. Matters of Regulatory Procedure

Executive Order 12866

    The regulations have been determined to be non-significant within 
the meaning of Executive Order 12866.

Regulatory Flexibility Act

    The USADF President, in accordance with the Regulatory Flexibility 
Act, 5 U.S.C. 605(b), has reviewed the regulations and by approving 
them certifies that they will not have a significant economic impact on 
a substantial number of small entities. The regulations pertain to the 
availability of USADF records under the Freedom of Information Act.

Unfunded Mandates Reform Act of 1995

    These regulations will not result in the expenditure by State, 
local, and tribal governments, in the aggregate, or by the private 
sector, of $100,000,000 or more in any one year, and they will not 
significantly or uniquely affect small governments. Therefore, no 
actions were deemed necessary under the provisions of the Unfunded 
Mandates Reform Act of 1995.

List of Subjects in 22 CFR Part 1502

    Freedom of information.

[[Page 9130]]

    Approved: January 30, 2017.
June B. Brown,
Interim General Counsel, U.S. African Development Foundation.

For the reasons set forth in the preamble, USADF revises 22 CFR part 
1502 to read as follows:


1502.1 Introduction.
1502.2 Definitions.
1502.3 Access to Foundation records.
1502.4 Written requests.
1502.5 Records available at the Foundation.
1502.6 Records of other departments and agencies.
1502.7 Fees.
1502.8 Exemptions.
1502.9 Processing of requests.
1502.10 Judicial review.

    Authority:  Title V of the International Security and 
Development Cooperation Act of 1980, 22 U.S.C. 290h; 5 U.S.C. 552; 
FOIA Improvement Act of 2016, Public Law 114-185.

Sec.  1502.1  Introduction.

    (a) The United States African Development Foundation makes 
information about its operations, procedures, and records freely 
available to the public in accordance with the provisions of the 
Freedom of Information Act (FOIA).
    (b) The Foundation will make the fullest possible disclosure of its 
information and identifiable records consistent with the provisions of 
the Act and the regulations in this part.
    (c) The Chief FOIA Officer shall be responsible for the 
Foundation's compliance with the processing requirements of the Freedom 
of Information Act.

Sec.  1502.2  Definitions.

    As used in this part, the following words have the meanings set 
forth below:
    (a) Act means the Act of June 5, 1967, sometimes referred to as the 
``Freedom of Information Act'' or the Public Information Section of the 
Administrative Procedure Act, as amended, Public Law 90-23, 81 Stat. 
54, codified at 5 U.S.C. 552.
    (b) Foundation means the United States African Development 
    (c) President means the President of the Foundation.
    (d) Record(s) includes all books, papers, or other documentary 
materials made or received by the Foundation in connection with the 
transaction of its business which have been preserved or are 
appropriate for preservation by the Foundation as evidence of its 
organization, functions, policies, decisions, procedures, operations, 
or other activities, or because of the informational value of the data 
contained therein. Library or other material acquired and preserved 
solely for reference or exhibition purposes, and stocks of publications 
and other documents provided by the Foundation to the public in the 
normal course of doing business are not included within the definition 
of the word ``records.'' The latter will continue to be made available 
to the public without charge.

Sec.  1502.3  Access to Foundation records.

    Any person desiring to have access to Foundation records may call 
or apply in person between the hours of 10 a.m. and 4 p.m. on weekdays 
(holidays excluded) at the Foundation offices or mail a request to the 
Foundation at 1400 I Street NW., Suite 1000, Washington, DC 20005, or 
submit a request by email to ``[email protected]'' on the Foundation's Web 
site, www.usadf.gov. Requests for access under the Freedom of 
Information Act should be made to the Chief FOIA Officer at the 
Foundation offices. If a request is made for copies of any record, the 
Chief FOIA Officer will assist the person making such request in seeing 
that such copies are provided according to the rules in this part.

Sec.  1502.4  Written requests.

    In order to facilitate the processing of written requests, every 
petitioner should:
    (a) Address his or her request to: Chief FOIA Officer, United 
States African Development Foundation, 1400 I Street NW., Suite 1000, 
Washington, DC 20005.
    Both the envelope and the request itself, or the email, should be 
clearly marked: ``Freedom of Information Act Request.''
    (b) Identify the desired record by name, title, author, a brief 
description, or number, and date, as applicable. The identification 
should be specific enough so that a record can be identified and found 
without unreasonably burdening or disrupting the operations of the 
Foundation. If the Foundation determines that a request does not 
reasonably describe the records sought, the requestor shall be advised 
what additional information is needed or informed why the request is 
    (c) Include a check or money order to the order of the ``United 
States African Development Foundation'' covering the appropriate search 
and copying fees, or a request for determination of the fee, or a 
specified amount that the requestor is willing to pay in connection 
with the FOIA request.

Sec.  1502.5  Records available at the Foundation.

    Records that the FOIA requires be made available for public 
inspection in an electronic format may be accessed through the 
Foundation's Web site.

Sec.  1502.6  Records of other departments and agencies.

    Responsive records located by the Foundation which have been 
originated by, or are primarily the concerns of, another U.S. 
department or agency will be forwarded to the particular department or 
agency involved, and the requestor so notified. In response to requests 
for records or publications published by the Government Printing Office 
or other government printing activity, the Foundation will refer the 
petitioner to the appropriate sales office and refund any fee payments 
which accompanied the request.

Sec.  1502.7  Fees.

    (a) Authority. USADF charges for processing FOIA requests in 
accordance with the Uniform Freedom of Information Act Fee Schedule and 
Guidelines of the Office of Management and Budget, 52 FR 10012-10020 
(March 17, 1987).
    (b) When charged. Fees shall be charged in accordance with the 
schedules contained in paragraph (c) of this section for services 
rendered in responding to requests for Foundation records under this 
subpart. Requestors may seek a waiver of fees by submitting a written 
application demonstrating how disclosure of the requested information 
is in the public interest because it is likely to contribute 
significantly to public understanding of the operations or activities 
of the government and is not primarily in the commercial interest of 
the requestor. Fees shall also not be charged where they would amount, 
in the aggregate, for a request or series of related requests, to $25 
or less.
    (c) Services charged for and amount charged. For the services 
listed below expended in locating or making available records or copies 
thereof, the following charges shall be assessed:
    (1) Copies. For copies, $.10 per copy of each page.
    (2) Clerical searches. For each one quarter hour spent by clerical 
personnel in excess of the first quarter hour in searching for and 
producing requested records, $4.75.
    (3) Non-routine, non-clerical searches. Where the task of 
determining which

[[Page 9131]]

records fall within a request and collecting them requires the time of 
professional or managerial personnel, and where the time required is 
substantial, for each one quarter hour spent in excess of the first 
quarter hour, $10.00. No charge shall be made for the time spent in 
resolving legal or policy issues affecting access to records of known 
    (4) Other charges. When a response to a request requires services 
or materials other than those described in paragraphs (c)(1) through 
(3) of this section, the direct cost of such services to the Foundation 
may be charged, providing the requestor has been given an estimate of 
such cost before it is incurred.

Sec.  1502.8  Exemptions.

    The categories of records maintained by the Foundation which may be 
exempted from disclosure are described in 5 U.S.C. 552(b).

Sec.  1502.9  Processing of requests.

    (a) Processing. A person who has made a written request for records 
which meets the requirements of Sec.  1502.4 shall be informed by the 
Chief FOIA Officer within 20 working days after receipt of the request 
of the Foundation's decision whether to deny or grant access to the 
records and the right of the requestor to seek assistance from the 
Foundation's Chief Public Liaison.
    (b) Denials. If the Chief FOIA Officer, with the concurrence of the 
General Counsel, denies a request for records, the requestor will be 
informed of the name and title of the official responsible for the 
denial, the reasons for it, and the right to appeal the decision to the 
President of the Foundation within 90 calendar days of receipt of the 
denial. The President shall determine any appeal within 20 days of 
receipt and notify the requestor within the time period of the 
decision. If the decision is to uphold the denial, the requestor will 
be informed of the reasons for the decision, of the right to a judicial 
review of the decision in the federal courts, and of the dispute 
resolution services offered by the FOIA Public Liaison of the 
Foundation or the Office of Government Information Services of the 
National Archives and Records Administration as a non-exclusive 
alternative to litigation.
    (c) Extension of time. In unusual circumstances, as defined by the 
FOIA, to the extent reasonably necessary to the proper processing of 
requests, the time required to respond to a FOIA request or an appeal 
may be extended for an additional 10 working days upon written 
notification to the requestor providing the reasons for the extension. 
If the extension goes beyond 10 working days, USADF will notify the 
requestor of services provided by the FOIA Public Liaison and the 
Office of Government Information Services.
    (d) Expedited processing. USADF shall process requests and appeals 
on an expedited basis where the requestor demonstrates a compelling 
need for the records, as defined in 5 U.S.C. 552(a)(6)(E)(v). USADF 
shall make a determination of whether to provide expedited processing, 
and shall notify the requestor of the determination, within 10 calendar 
days after the receipt of the request. USADF shall provide expeditious 
consideration of administrative appeals of determinations of whether to 
provide expedited processing.
    (e) Confidential commercial information. Whenever records 
containing confidential commercial information are requested under the 
FOIA and USADF determines that it may be required to disclose the 
records, USADF shall promptly provide written notice to the submitter 
of the confidential commercial information, in conformity with the 
procedures set forth in Executive Order 12600, Predisclosure 
Notification Procedures for Confidential Commercial Information, 3 CFR, 
1987 Comp., p. 235.

Sec.  1502.10  Judicial review.

    On complaint, the district court of the United States in the 
district in which the complainant resides, or has his/her principal 
place of business, or in which the agency records are situated, or in 
the District of Columbia, has jurisdiction to enjoin the Foundation 
from withholding Foundation records, and to order the production of any 
agency records improperly withheld from the complainant (5 U.S.C. 

[FR Doc. 2017-02239 Filed 2-2-17; 8:45 am]