§ 1700.2 - Definitions.

§ 1700.2 Definitions.

For purposes of this Partpart, the following terms have the meanings indicateddefinitions apply:

(a) Days means calendar days when ODNI is operating and specifically excludes Saturdays, Sundays, and legal public holidays;

(b)

Direct costs

means

are those expenditures which ODNI actually incurs in the processing of a FOIA request

; it

. It includes, but is not limited to, the salary of the employee performing the work and costs associated with duplication. It does not include overhead factors such as space

;

.

(

c) Pages means paper copies of standard office size or the dollar value equivalent in other media;

(d) Reproduction means generation of a copy of a requested record in a form appropriate for release;

(e) Review means all time expended in examining a record to determine whether any portion must be withheld pursuant to law and in effecting any required deletions but excludes personnel hours expended in resolving general legal or policy issues; it also means personnel hours of professional time;

(f) Search means all time expended in looking for and retrieving material that may be responsive to a request utilizing available paper and electronic indices and finding aids; it also means personnel hours of professional time or the dollar value equivalent in computer searches;

(g) Expression of interest means a written or electronic communication submitted by any person requesting information on or concerning the FOIA program, the availability of documents from ODNI, or both;

(h) Fees means

b) Fees are those direct costs which may be assessed

a requester

considering the categories established by the FOIA

; requesters

. Requesters should submit information to assist

the

ODNI in determining the proper fee category

and the

. ODNI may draw reasonable inferences from the identity and activities of the requester in making

such

fee determinations

; the

. The fee categories include:

(1) Commercial use request

:

. A request

in which the disclosure sought is primarily in the commercial interest of the requester and which furthers such

seeking information for a use or purpose that furthers the requester's commercial, trade,

income

or profit interests

;

, including pursuit of those interests through litigation.

(2) Educational institution

: A preschool, a public or private elementary or secondary school, an institution of undergraduate higher education, an institution of graduate higher education, an institution of professional education, or an institution of vocational education,

. Any institution that operates a program or programs of scholarly research. To be in this category, a requester must show that the request is authorized by and is made under the auspices of a qualifying institution and that the records are not sought for a commercial use but are sought to further scholarly research. ODNI may seek assurance from the requester that the request is in furtherance of scholarly research and will advise requesters of their placement in this category.

(3)

Noncommercial

Non-commercial scientific institution

:

. An institution that is not operated on a commercial basis

, as that term is defined in paragraph (h)(1) of this section,

and that is operated solely for the purpose of conducting scientific research, the results of which are not intended to promote any particular product or industry. To be in this category, a requester must show that the request is authorized by and is made under the auspices of a qualifying institution and that the records are not sought for a commercial use but are sought to further scientific research.

(4) Representative of the news media

: An individual actively gathering news for an entity that is organized and operated to publish and broadcast news to the public and pursuant to the entity's news dissemination function and not its commercial interests; the term “news” means information which concerns current events, would be of current interest to the general public, would enhance the public understanding of the operations or activities of the U.S. Government, and is in fact disseminated to a significant element of the public at minimal cost; freelance journalists are included in this definition if they provide sufficient evidence to justify an expectation of publication through such an organization, even though not actually employed by it; a publication contract or prior publication record is relevant to such status;

(5) All other: A request from an individual not within paragraphs (h)(1), (2), (3), or (4) of this section;

(i) Freedom of Information Act , “FOIA,” or “the Act” means the

. Any person or entity that actively gathers information of potential interest to a segment of the public, uses editorial skills to turn the raw materials into a distinct work, and distributes that work to an audience. The term “news” means information that concerns current events or that would be of interest to the public.

(c) Freedom of Information Act, FOIA, or the Act is the statute as codified at 5 U.S.C. 552

; (j) ODNI means the Office

, as amended.

(d) FOIA Public Liaison is the individual designated by the Chief FOIA Officer to assist FOIA requesters with concerns about ODNI's processing of their FOIA requests, including assistance in resolving disputes.

(e) Information Review & Release Group (“IRRG”) Chief is the ODNI employee to whom the Chief of the ODNI Information Management Office (IMO) has delegated their responsibility for processing FOIA requests.

(f) ODNI is the Office of the Director of National Intelligence and its component organizations.

It

This does not include other members of the Intelligence Community as defined in 50 U.S.C.

401a

3003, or other federal entities subsequently designated in accordance with this authority, unless specifically designated

as

and included in this part or in the notice of a system of records

; (k) Potential requester means a

.

(g) OGIS is the Office of Government Information Services within the National Archives and Records Administration.

(h) Pages are paper copies of standard office size or the dollar value equivalent in other media.

(i) Person is an individual, partnership, corporation, association, or public or private organization other than an agency.

(j) Record is any document, irrespective of physical or electronic form, made or received by ODNI in pursuance of federal law or in connection with the transaction of public business and appropriate for preservation by ODNI as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of ODNI or because of the informational value of the data contained therein.

(k) Reproduction is the generation of a copy of a requested record in a form appropriate for release.

(l) Requester is a person, organization, or other entity who submits

an expression of interest.

a written or electronic communication requesting information on or concerning the FOIA program, the availability of records from ODNI, or both.

(m) Review means all time expended in examining a record to determine whether any portion must be withheld pursuant to law and in effecting any required deletions. This does not include personnel hours expended in resolving general legal or policy issues.

(n) Search means all time expended in looking for and retrieving material that may be responsive to a request.