The following definitions apply to this part.
(a) Terms defined in part 5 of this title. The terms HUD, Secretary, and Organizational unit are defined in part 5 of this title.
(b) Other terms used in this part. As used in this part:
Appropriate Associate General Counsel means the Associate General Counsel for Litigation or the Associate General Counsel for HUD Headquarters employees in those programs for which the Associate provides legal advice.
Appropriate Regional Counsel means the Regional Counsel for the Regional Office having delegated authority over the project or activity with respect to which the information is sought. For assistance in identifying the Appropriate Regional Counsel, see appendix A to this part.
Authorized Approving Official means the Secretary, General Counsel, Appropriate Associate General Counsel, or Appropriate Regional Counsel.
Business information means commercial or financial information provided to HUD by a submitter that arguably is protected from disclosure under Exemption 4 (42 U.S.C. 552(b)(4)) of FOIA.
Demand means a subpoena, order, or other demand of a court or other authority that is issued in a legal proceeding and any accompanying submissions.
Duplication means the process of making a copy of a document necessary to respond to a FOIA request. Such copies can take the form of paper copy, microfilm, audio-visual materials, or machine readable documentation (e.g., magnetic tape or disk), among others.
Educational institution means:
(1) A preschool;
(2) A public or private elementary or secondary school;
(3) An institution of graduate higher education;
(4) An institution of undergraduate higher education;
(5) An institution of professional education; or
(6) An institution of vocational education, that primarily (or solely) operates a program or programs of scholarly research.
Employee of the Department means a current or former officer or employee of the United States appointed by or subject to the supervision of the Secretary, but does not include an officer or employee covered by part 2004 of this title.
FOIA means the Freedom of Information Act (5 U.S.C. 552).
Good cause means necessary to prevent a miscarriage of justice or to promote a significant interest of the Department.
Legal proceeding includes any proceeding before a court of law or other authority, i.e., administrative board or commission, hearing officer, arbitrator or other body conducting a quasi-judicial or legislative proceeding.
Legal proceeding among private litigants means any legal proceeding in which the United States is not a party.
Legal proceeding in which the United States is a party means any legal proceeding including as a named party the United States, the Department of Housing and Urban Development, or any other Federal executive or administrative agency or department, or any official thereof in his official capacity.
Material means either documents or information contained in, or relating to contents of, the files of the Department or documents or information acquired by any person while such person was an employee of the Department as a part of the performance of his or her official duties or because of his or her official status.
News means information that is about current events or that would be of current interest to the public.
Person means person as defined in 5 U.S.C. 551(2). It includes corporations and organizations as well as individuals.
Production refers to the provision of material by any means other than through the provision of oral testimony.
Review means the process of examining a document located in response to a request to determine whether any portion of it may be withheld, excising portions to be withheld, and otherwise preparing the document for release. Review time includes time HUD spends considering any formal objection to disclosure made by a submitter under Sec. 15.108. Review does not include time spent resolving general legal or policy issues regarding the application of exemptions.
Search includes all time spent looking manually or by automated means for material that is responsive to a request, including page-by-page or line-by-line identification of material within documents.
Submitter means any person or entity who provides business information, directly or indirectly, to HUD. The term includes, but is not limited to, corporations, State governments, and foreign governments.
Testimony refers to any oral or written statements made in litigation under oath or penalty of perjury.
United States refers to the Federal Government of the United States (including the Department), the Secretary, and any employees of the Department in their official capacities. [66 FR 6967, Jan. 22, 2001, as amended at 72 FR 8581, Feb. 26, 2007; 73 FR 72205, Nov. 26, 2008]