cfr_sections
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44 rows where part_number = 2004 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 15:15:4.2.1.9.5.1.43.1 | 15 | Commerce and Foreign Trade | XX | 2004 | PART 2004—DISCLOSURE OF RECORDS AND INFORMATION | A | Subpart A—Definitions | § 2004.0 Definitions. | NIST | [81 FR 89846, Dec. 13, 2016, as amended at 82 FR 18985, Apr. 25, 2017] | For purposes of this part: Days, unless otherwise indicated, means working days, and does not include Saturdays, Sundays, and legal public holidays. If the last day of a specified period falls on a Saturday, Sunday, or legal public holiday, the period will be extended until the next working day. FOIA means the Freedom of Information Act, as amended, 5 U.S.C. 552. Privacy Act means the Privacy Act of 1974, as amended, 5 U.S.C. 552a. OGIS means the Office of Government Information Services of the National Archives and Records Administration. OGIS offers FOIA dispute resolution services, which is a voluntary process. If USTR agrees to participate in the dispute resolution services provided by OGIS, USTR will actively engage as a partner to the process in an attempt to resolve the dispute. USTR means the Office of the United States Trade Representative. | ||||
| 15:15:4.2.1.9.5.2.43.1 | 15 | Commerce and Foreign Trade | XX | 2004 | PART 2004—DISCLOSURE OF RECORDS AND INFORMATION | B | Subpart B—Freedom of Information Act Policies and Procedures | § 2004.1 Purpose and scope. | NIST | (a) This subpart contains the rules we follow when processing requests for records under the FOIA, a Federal law that provides a right of access to certain records and information Federal agencies maintain and control. You should read this subpart in conjunction with the text of the FOIA and the Uniform Freedom of Information Act Fee Schedule and Guidelines published by the Office of Management and Budget (OMB Guidelines). Additionally, our FOIA Reference Guide, which is available on our Web site at http://www.ustr.gov, contains information about the specific procedures for making FOIA requests and descriptions of the types of records we maintain. (b) To maximize the amount of information we can provide to you, we may process requests you make for records about yourself under both this subpart and subpart C to part 2004, our rules implementing the Privacy Act. (c) We administer the FOIA with a presumption of openness. | |||||
| 15:15:4.2.1.9.5.2.43.2 | 15 | Commerce and Foreign Trade | XX | 2004 | PART 2004—DISCLOSURE OF RECORDS AND INFORMATION | B | Subpart B—Freedom of Information Act Policies and Procedures | § 2004.2 Proactive disclosures. | NIST | You can access records that the FOIA requires us to make available for public inspection and copying in an electronic format through our Web site: http://www.ustr.gov. You also can find press releases, links to Federal Register notices and comments, fact sheets, speeches and remarks, reports, information about current initiatives, and historical information about U.S. trade issues. If you need assistance to locate a particular record, you can contact the Office of Public and Media Affairs at MEDIA@ustr.eop.gov or the FOIA Office at FOIA@ustr.eop.gov. | |||||
| 15:15:4.2.1.9.5.2.43.3 | 15 | Commerce and Foreign Trade | XX | 2004 | PART 2004—DISCLOSURE OF RECORDS AND INFORMATION | B | Subpart B—Freedom of Information Act Policies and Procedures | § 2004.3 How do I make a request for records under the FOIA? | NIST | (a) General information —(1) Where do I send my written request? To make a request for records, you should write directly to the FOIA Office. Heightened security delays mail delivery. To avoid mail delivery delays, we strongly suggest that you email your request to FOIA@ustr.eop.gov. Our mailing address is: FOIA Office, Office of the United States Trade Representative, Anacostia Naval Annex, Building 410/Door 123, 250 Murray Lane SW., Washington, DC 20509. To ensure that the FOIA Office receives your request without delay, you should include the notation “FOIA Request” in the subject line of your email or on the front of your envelope and also at the beginning of your request. (2) Security concerns. To protect our computer systems, we will not open attachments to emailed requests—you must include your request within the body of the email. We will not process email attachments. (3) Verifying your identity. (i) If you are making a request for records about yourself or about another individual, you may receive greater access by verifying your identity if the records are about you, or the other individual's identity if the records are about them. To verify identity, you must provide an unsworn declaration under 28 U.S.C. 1746, a law that permits statements to be made under penalty of perjury. To fulfill this requirement, you must include the following statement just before the signature on your request letter: “I declare under penalty of perjury that the foregoing is true and correct. Executed on [date].” (ii) If the other individual is deceased, you should submit proof of death such as a copy of a death certificate or an obituary. As an exercise of administrative discretion, we may require that you provide additional information if necessary in order to verify that a particular individual has consented to disclosure. (b) How do I describe the records I want? (1) You must describe the records you seek in sufficient detail to enable USTR personnel to locate them with a reasonable amount of effort. To s… | |||||
| 15:15:4.2.1.9.5.2.43.4 | 15 | Commerce and Foreign Trade | XX | 2004 | PART 2004—DISCLOSURE OF RECORDS AND INFORMATION | B | Subpart B—Freedom of Information Act Policies and Procedures | § 2004.4 How will we handle confidential commercial information? | NIST | (a) Definitions. For purposes of this section: (1) Confidential commercial information means commercial or financial information that we obtain from a submitter that may be protected from disclosure under exemption 4 of the FOIA, 5 U.S.C. 552(b)(4). (2) Submitter means any person or entity, including a corporation or a State or foreign government, but not including another Federal Government entity, which provides information, either directly or indirectly to the Federal Government. (b) How does a submitter designate confidential commercial information? At the time of submission, the submitter of confidential commercial information must use good faith efforts to designate by appropriate markings any portion of its submission that it considers to be protected from disclosure under exemption 4 of the FOIA, 5 U.S.C. 552(b)(4). These designations expire ten years after the date of the submission unless the submitter requests and provides justification for a longer designation period. (c) When will we notify a submitter? (1) We promptly will notify the submitter of confidential commercial information in writing whenever we receive a FOIA request or appeal for records containing such information if we determine that we may have to disclose the records, provided: (i) The requested information has been designated in good faith by the submitter as information considered protected from disclosure under exemption 4 of the FOIA, 5 U.S.C. 552(b)(4); or (ii) We have reason to believe that the requested information may be protected from disclosure exemption 4 of the FOIA, 5 U.S.C. 552(b)(4), but have not yet determined whether the information is protected from disclosure under that exemption or any other applicable FOIA exemption. (2) Our notice either will describe the commercial information requested or include a copy of the requested records or portions of records containing the information. In cases involving a voluminous number of submitters, we may post or publish a notice in a place or manner reasonably … | |||||
| 15:15:4.2.1.9.5.2.43.5 | 15 | Commerce and Foreign Trade | XX | 2004 | PART 2004—DISCLOSURE OF RECORDS AND INFORMATION | B | Subpart B—Freedom of Information Act Policies and Procedures | § 2004.5 Who is responsible for responding to your FOIA request? | NIST | (a) In general. The FOIA Office is authorized to grant or to deny any requests for agency records that USTR maintains. In determining which records are responsive to a request, we ordinarily will include only the agency records in our possession as of the date that we begin our search. We will notify you if we use any other date. (b) Consultation, referral and coordination. If we believe that another Federal agency is better able to determine whether a record we locate in response to your request is exempt from disclosure under the FOIA, then we will proceed in one of the following ways: (1) Consultation. When records originated with USTR but contain within them information of significance to another Federal agency or office, we typically consult with that other entity prior to making a release determination. (2) Referral. If we believe that a different Federal agency is best able to determine whether to disclose the record, we typically refer responsibility for responding to the request regarding that record to that agency. Ordinarily, the agency that originated the record is presumed to be the best agency to make the disclosure determination. Whenever we refer any part of the responsibility for responding to a request to another agency, we will notify you of the referral, including the name of the agency and that agency's FOIA contact information. (3) Coordination. The standard referral procedure is not appropriate where disclosure of the identity of the Federal agency to which the referral would be made could harm an interest protected by an applicable exemption, such as the exemptions that protect personal privacy or national security interests. For example, if a non-law enforcement agency responding to a request for records on a living third party locates within its files records originating with a law enforcement agency, and if the existence of that law enforcement interest in the third party was not publicly known, then to disclose that law enforcement interest could cause an unwarranted inva… | |||||
| 15:15:4.2.1.9.5.2.43.6 | 15 | Commerce and Foreign Trade | XX | 2004 | PART 2004—DISCLOSURE OF RECORDS AND INFORMATION | B | Subpart B—Freedom of Information Act Policies and Procedures | § 2004.6 When will we respond to your FOIA request? | NIST | [81 FR 90717, Dec. 15, 2016, as amended at 88 FR 47772, July 25, 2023] | (a) In general. We ordinarily will respond to a request within twenty working days based on the order in which we receive the request. We may toll the twenty-day period if we need additional information from you in order to process the request or need to clarify fee assessment issues. (b) Multitrack processing. We use a multitrack processing system that distinguishes between simple and more complex requests based on the estimated amount of work or time we need to process the request. Among the factors we consider are the number of records requested, the number of pages involved in processing the request, and the need for consultations or referrals. We will tell you if we place your request into other than the simple track, and if appropriate, we will offer you an opportunity to narrow or modify your request so that it can be placed in a different processing track. (c) Unusual circumstances —(1) What is an unusual circumstance? We will notify you if we extend the twenty-day period for processing your request. The notice will include the unusual circumstances—the need to search for and collect the requested records from separate offices or facilities, a request that involves a voluminous amount of separate and distinct records, or the need for consultation, and the date by which we estimate we will complete processing your request. If the extension exceeds ten days, we will give you the opportunity to modify your request or arrange an alternative time period for processing the original or modified request. If you need assistance, you can contact our FOIA Public Liaison at FOIA@ustr.eop.gov, or OGIS at OGIS@nara.gov. (2) Aggregating requests. We may aggregate requests if it reasonably appears that multiple requests submitted either by a single requester or by a group of requesters acting in concert, involve related matters and constitute a single request that otherwise would involve unusual circumstances. For example, we may aggregate multiple requests for similar information filed within a short peri… | ||||
| 15:15:4.2.1.9.5.2.43.7 | 15 | Commerce and Foreign Trade | XX | 2004 | PART 2004—DISCLOSURE OF RECORDS AND INFORMATION | B | Subpart B—Freedom of Information Act Policies and Procedures | § 2004.7 What will our response to your FOIA request include? | NIST | [81 FR 89846, Dec. 13, 2016, as amended at 82 FR 18985, Apr. 25, 2017] | (a) In general. We will notify you in writing of our determination regarding your request. To the extent practicable, we will communicate with you electronically. (b) Acknowledgement of requests. We will acknowledge your request in writing, including a brief description of the records you are seeking, and assign an individualized tracking number. If we think that we will be unable to make a determination on your request within twenty days, we will send an acknowledgment within ten days and we may ask you to clarify your request or arrange for a longer period for processing. (c) Granting requests. If we decide to grant your request in full or in part, our response will include the records we are disclosing unless we have assessed fees under § 2004.9. If your request involves a voluminous amount of material or searches in multiple locations, we may provide interim responses, releasing the records on a rolling basis. If we assessed fees, we will disclose the records promptly upon payment. If you need assistance, you can contact our FOIA Public Liaison at FOIA@ustr.eop.gov, or OGIS at OGIS@nara.gov. (d) Adverse determinations of requests —(1) What is an adverse determination? Adverse determinations, or denials of requests, include decisions that: the requested record is exempt in whole or in part; the request does not reasonably describe the records sought; the information requested is not a record subject to the FOIA; the requested record does not exist, cannot be located, or has been destroyed; or the requested record is not readily reproducible in the form or format sought by the requester. Adverse determinations also include denials involving fees or fee waiver matters or denials of requests for expedited processing. (2) Our response. If we make an adverse determination denying your request in any respect, our response will include: (i) The name and title or position of the person responsible for the determination; (ii) A brief statement of the reasons for the denial, including any FOIA exempt… | ||||
| 15:15:4.2.1.9.5.2.43.8 | 15 | Commerce and Foreign Trade | XX | 2004 | PART 2004—DISCLOSURE OF RECORDS AND INFORMATION | B | Subpart B—Freedom of Information Act Policies and Procedures | § 2004.8 What can I do if I am dissatisfied with USTR's response to my FOIA request? | NIST | [81 FR 89846, Dec. 13, 2016, as amended at 82 FR 18985, Apr. 25, 2017] | (a) How do I make an appeal? —(1) What can I appeal? You can appeal any adverse determination in writing to our FOIA Appeals Committee within ninety calendar days after the date of our response. Examples of adverse determinations are provided in § 2004.7(d). You should specify the records that are the subject of your appeal and explain why the Committee should sustain the appeal. (2) Where do I send my appeal? To avoid mail delivery delays caused by heighted security, we strongly suggest that you email any appeal to FOIA@ustr.eop.gov. Our mailing address is: FOIA Office, Office of the United States Trade Representative, Anacostia Naval Annex, Building 410/Door 123, 250 Murray Lane SW., Washington DC 20509. To make sure that the FOIA Office receives your appeal without delay, you should include the notation “Freedom of Information Act Appeal” and the individualized tracking number in the subject line of your email or on the front of your envelope and also at the beginning of your appeal. (b) Who will decide your appeal? (1) The FOIA Appeals Committee or designee will act on all appeals under this section. (2) We ordinarily will not adjudicate an appeal if the request becomes a matter of FOIA litigation. (3) On receipt of any appeal involving classified information, the FOIA Appeals Committee must take appropriate action to ensure compliance with applicable classification rules. (c) Decisions on appeals. The FOIA Appeals Committee will notify you of its appeal decision in writing within twenty days from the date it receives the appeal. A decision that upholds the FOIA Office's determination in whole or in part will identify the reasons for the affirmance, including any FOIA exemptions applied, and notify you of your statutory right to seek judicial review. The notice also will inform you of the dispute resolution services offered by OGIS as a non-exclusive alternative to litigation. If the FOIA Appeals Committee remands or modifies the original response, the FOIA Office will further process the requ… | ||||
| 15:15:4.2.1.9.5.2.43.9 | 15 | Commerce and Foreign Trade | XX | 2004 | PART 2004—DISCLOSURE OF RECORDS AND INFORMATION | B | Subpart B—Freedom of Information Act Policies and Procedures | § 2004.9 Fees. | NIST | [81 FR 89846, Dec. 13, 2016, as amended at 82 FR 18986, Apr. 25, 2017] | (a) In general. We will assess a fee to process your FOIA request in accordance with the provisions of this section and the OMB Guidelines. For purposes of assessing fees, the FOIA establishes three categories of requesters: Commercial use requesters, non-commercial scientific or educational institutions or news media requesters, and all other requesters. Different fees are assessed depending on the category. You can seek a fee waiver, which we will consider in accordance with the requirements in paragraph (h) of this section. We will contact you to resolve any fee issues that arise under this section. We will conduct searches, review and duplication in the most efficient and least expensive manner. We ordinarily will collect all applicable fees before sending copies of records to you. You must pay fees by check or money order made payable to the Treasury of the United States. (b) Definitions. For purposes of this section: (1) Commercial use request is a request that asks for information for a use or a purpose that furthers a commercial, trade or profit interest, which can include furthering those interests through litigation. Our decision to place you in the commercial use category will be made on a case-by-case basis based on your intended use of the information. We will notify you of your placement in this category. (2) Direct costs are the expenses we incur in searching for and duplicating (and, in the case of commercial use requests, reviewing) records in order to respond to your FOIA request. For example, direct costs include the salary of the employee performing the work ( i.e., the basic rate of pay for the employee plus 16 percent of that rate to cover benefits) and the cost of operating computers and other electronic equipment, such as photocopiers and scanners. Direct costs do not include overhead expenses such as the costs of space and of heating or lighting a facility. (3) Duplication is reproducing a copy of a record, or the information contained in it, necessary to respond to a FOIA … | ||||
| 15:15:4.2.1.9.5.3.43.1 | 15 | Commerce and Foreign Trade | XX | 2004 | PART 2004—DISCLOSURE OF RECORDS AND INFORMATION | C | Subpart C—Privacy Act Policies and Procedures | § 2004.20 Definitions. | NIST | For purposes of this subpart: Access means making a record available to a subject individual. Amendment means any correction, addition to or deletion of information in a record. Individual means a natural person who either is a citizen of the United States or an alien lawfully admitted to the United States for permanent residence. Maintain means to keep or hold and preserve in an existing state, and includes the terms collect, use, disseminate and control. Privacy Act Office means the USTR officials who are authorized to respond to requests and to process requests for amendment of records USTR maintains under the Privacy Act. Record means any item, collection or grouping of information about an individual that USTR maintains within a system of records and contains the individual's name or the identifying number, symbol or other identifying particular assigned to the individual, such as a finger or voice print or photograph. System of records means a group of records USTR maintains or controls from which information is retrieved by the name of an individual or by some identifying number, symbol or other identifying particular assigned to the individual. USTR publishes notices in the Federal Register announcing the creation, deletion or amendment of its systems of records. You can find a description of our systems of records on the USTR Web site: www.ustr.gov . | |||||
| 15:15:4.2.1.9.5.3.43.10 | 15 | Commerce and Foreign Trade | XX | 2004 | PART 2004—DISCLOSURE OF RECORDS AND INFORMATION | C | Subpart C—Privacy Act Policies and Procedures | § 2004.29 Employee responsibilities under the Privacy Act. | NIST | At least annually, the Privacy Act Office will inform employees about the provisions of the Privacy Act, including the Act's civil liability and criminal penalty provisions. Unless otherwise permitted by law, a USTR employee must: (a) Collect from individuals only information that is relevant and necessary to discharge USTR's responsibilities. (b) Collect information about an individual directly from that individual whenever practicable. (c) Inform each individual from whom information is collected of: (1) The legal authority to collect the information and whether providing it is mandatory or voluntary; (2) The principal purpose for which USTR intends to use the information; (3) The routine uses, i.e., disclosures of records and information contained in a system of records without the consent of the subject of the record, USTR may make; and (4) The effects on the individual, if any, of not providing the information. (d) Ensure that the employee's office does not maintain a system of records without public notice and notify appropriate officials of the existence or development of any system of records that is not the subject of a current or planned public notice. (e) Maintain all records that are used in making any determination about an individual with such accuracy, relevance, timeliness and completeness as is reasonably necessary to ensure fairness to the individual in the determination. (f) Except for disclosures made to an agency or under the FOIA, make reasonable efforts, prior to disseminating any record about an individual, to ensure that the record is accurate, relevant, timely and complete. (g) When required by the Privacy Act, maintain an accounting in the specified form of all disclosures of records by USTR to persons, organizations or agencies. (h) Maintain and use records with care to prevent the unauthorized or inadvertent disclosure of a record to anyone. (i) Notify the appropriate official of any record that contains information that the Privacy Act does not permit USTR to maintain. | |||||
| 15:15:4.2.1.9.5.3.43.2 | 15 | Commerce and Foreign Trade | XX | 2004 | PART 2004—DISCLOSURE OF RECORDS AND INFORMATION | C | Subpart C—Privacy Act Policies and Procedures | § 2004.21 Purpose and scope. | NIST | (a) This subpart implements the Privacy Act, 5 U.S.C. 552a, a Federal law that requires Federal agencies to protect private information about individuals that the agencies collect or maintain. It establishes USTR's rules for access to records in systems of records we maintain that are retrieved by an individual's name or another personal identifier. It describes the procedures by which individuals may request access to records, request amendment or correction of those records, and request an accounting of disclosures of those records by USTR. Whenever it is appropriate to do so, USTR automatically processes a Privacy Act request for access to records under both the Privacy Act and the FOIA, following the rules contained in this subpart and subpart B of part 2004. USTR processes a request under both the Privacy Act and the FOIA so you will receive the maximum amount of information available to you by law. (b) This subpart does not entitle you to any service or to the disclosure of any record to which you are not entitled under the Privacy Act. It also does not, and may not be relied upon to create any substantive or procedural right or benefit enforceable against USTR. | |||||
| 15:15:4.2.1.9.5.3.43.3 | 15 | Commerce and Foreign Trade | XX | 2004 | PART 2004—DISCLOSURE OF RECORDS AND INFORMATION | C | Subpart C—Privacy Act Policies and Procedures | § 2004.22 How do I make a Privacy Act request? | NIST | (a) In general . You can make a Privacy Act request on your own behalf for records or information about you. You also can make a request on behalf of another individual as the parent or guardian of a minor, or as the guardian of someone determined by a court to be incompetent. You may request access to another individual's record or information if you have that individual's written consent, unless other conditions of disclosure apply. (b) How do I make a request? —(1) Where do I send my written request? To make a request for access to a record, you should write directly to our Privacy Act Office. Heightened security delays mail delivery. To avoid mail delivery delays, we strongly suggest that you email your request to PRIVACY@ustr.eop.gov . Our mailing address is: Privacy Act Office, Office of the US Trade Representative, Anacostia Naval Annex, Building 410/Door 123, 250 Murray Lane SW., Washington, DC 20509. To make sure that the Privacy Act Office receives your request without delay, you should include the notation `Privacy Act Request' in the subject line of your email or on the front of your envelope and also at the beginning of your request. (2) Security concerns . To protect our computer systems, we will not open attachments to emailed requests—you must include your request within the body of the email. We will not process email attachments. (c) What should my request include? You must describe the record that you seek in enough detail to enable the Privacy Act Office to locate the system of records containing the record with a reasonable amount of effort. Include specific information about each record sought, such as the time period in which you believe it was compiled, the name or identifying number of each system of records in which you believe it is kept, and the date, title or name, author, recipient, or subject matter of the record. As a general rule, the more specific you are about the record that you seek, the more likely we will be able to locate it in response to your request. (d) How… | |||||
| 15:15:4.2.1.9.5.3.43.4 | 15 | Commerce and Foreign Trade | XX | 2004 | PART 2004—DISCLOSURE OF RECORDS AND INFORMATION | C | Subpart C—Privacy Act Policies and Procedures | § 2004.23 How will USTR respond to my Privacy Act request? | NIST | (a) When will we respond to your request? We will search to determine if the requested records exist in a system of records USTR owns or controls. The Privacy Act Office will respond to you in writing within twenty days after we receive your request, if it meets the requirements of this subpart. We may extend the response time in unusual circumstances, such as the need to consult with another agency about a record or to retrieve a record shipped offsite for storage. (b) What will our response include? Our written response will include our determination whether to grant or deny your request in whole or in part, a brief explanation of the reasons for the determination, and the amount of the fee charged, if any, under § 2004.25. If you requested access to records, we will make the records, if any, available to you. If you requested amendment or correction of a record, the response will describe any amendments or corrections made and advise you of your right to obtain a copy of the amended or corrected record. (c) Adverse determinations —(1) What is an adverse determination? An adverse determination is a response to a Privacy Act request that: (i) Withholds any requested record in whole or in part; (ii) Denies a request to amend or correct a record in whole or in part; (iii) Declines to provide an accounting of disclosures; (iv) Advises that a requested record does not exist or cannot be located; (v) Finds that what you requested is not a record subject to the Privacy Act; or (vi) Advises on any disputed fee matter. (2) Responses that include an adverse determination . If the Privacy Act Office makes an adverse determination with respect to your request, our written response will identify the person responsible for the adverse determination, that the adverse determination is not a final agency action, and that you may appeal the adverse determination under § 2004.24. | |||||
| 15:15:4.2.1.9.5.3.43.5 | 15 | Commerce and Foreign Trade | XX | 2004 | PART 2004—DISCLOSURE OF RECORDS AND INFORMATION | C | Subpart C—Privacy Act Policies and Procedures | § 2004.24 What can I do if I am dissatisfied with USTR's response to my Privacy Act request? | NIST | (a) What can I appeal? You can appeal any adverse determination in writing to our Privacy Act Appeals Committee within thirty calendar days after the date of our response. We provide a list of adverse determinations in § 2004.23(c). (b) How do I make an appeal? —(1) What should I include? You may appeal by submitting a written statement giving the reasons why you believe the Committee should overturn the adverse determination. Your written appeal may include as much or as little related information as you wish to provide, as long as it clearly identifies the determination (including the request number, if known) that you are appealing. (2) Where do I send my appeal? You should mark both your letter and the envelope, or the subject of your email, “Privacy Act Appeal”. To avoid mail delivery delays caused by heightened security, we strongly suggest that you email any appeal to PRIVACY@ustr.eop.gov . Our mailing address is: Privacy Office, Office of the US Trade Representative, Anacostia Naval Annex, Building 410/Door 123, 250 Murray Lane SW., Washington, DC 20509. (c) Who will decide your appeal? (1) The Privacy Act Appeals Committee or designee will act on all appeals under this section. (2) We ordinarily will not adjudicate an appeal if the request becomes a matter of litigation. (3) On receipt of any appeal involving classified information, the Privacy Act Appeals Committee must take appropriate action to ensure compliance with applicable classification rules. (d) When will we respond to your appeal? The Privacy Act Appeals Committee will notify you of its appeal decision in writing within thirty days from the date it receives an appeal that meets the requirements of paragraph (b) of this section. We may extend the response time in unusual circumstances, such as the need to consult with another agency about a record or to retrieve a record shipped offsite for storage. (e) What will our response include? The written response will include the Committee's determination whether to grant or deny … | |||||
| 15:15:4.2.1.9.5.3.43.6 | 15 | Commerce and Foreign Trade | XX | 2004 | PART 2004—DISCLOSURE OF RECORDS AND INFORMATION | C | Subpart C—Privacy Act Policies and Procedures | § 2004.25 What does it cost to get records under the Privacy Act? | NIST | (a) Your request is an agreement to pay fees . We consider your Privacy Act request as your agreement to pay all applicable fees unless you specify a limit on the amount of fees you agree to pay. We will not exceed the specified limit without your written agreement. (b) How do we calculate fees? We will charge a fee for duplication of a record under the Privacy Act in the same way we charge for duplication of records under the FOIA in § 2004.9. There are no fees to search for or review records requested under the Privacy Act. | |||||
| 15:15:4.2.1.9.5.3.43.7 | 15 | Commerce and Foreign Trade | XX | 2004 | PART 2004—DISCLOSURE OF RECORDS AND INFORMATION | C | Subpart C—Privacy Act Policies and Procedures | § 2004.26 Are there any exemptions from the Privacy Act? | NIST | (a) What is a Privacy Act exemption? The Privacy Act authorizes USTR to exempt records or information in a system of records from some of the Privacy Act requirements, if we determine that the exemption is necessary. With the exception of certain law enforcement records, we will not provide you with an accounting of disclosures or make available to you records that are exempt. (b) How do I know if the records or information I want are exempt? Each USTR system of records notice will advise you if we have determined that records or information in records are exempt from Privacy Act requirements. If we have claimed an exemption for a system of records, the system of records notice will identify the exemption and the provisions of the Privacy Act from which the system is exempt. | |||||
| 15:15:4.2.1.9.5.3.43.8 | 15 | Commerce and Foreign Trade | XX | 2004 | PART 2004—DISCLOSURE OF RECORDS AND INFORMATION | C | Subpart C—Privacy Act Policies and Procedures | § 2004.27 How are records secured? | NIST | (a) Controls . USTR must establish administrative and physical controls to prevent unauthorized access to its systems of records, unauthorized or inadvertent disclosure of records, and physical damage to or destruction of records. The stringency of these controls corresponds to the sensitivity of the records that the controls protect. At a minimum, the administrative and physical controls must ensure that: (1) Records are protected from public view; (2) The area in which records are kept is supervised during business hours to prevent unauthorized persons from having access to them; (3) Records are inaccessible to unauthorized persons outside of business hours; and (4) Records are not disclosed to unauthorized persons or under unauthorized circumstances in either oral or written form. (b) Limited access . Access to records is restricted only to individuals who require access in order to perform their official duties. | |||||
| 15:15:4.2.1.9.5.3.43.9 | 15 | Commerce and Foreign Trade | XX | 2004 | PART 2004—DISCLOSURE OF RECORDS AND INFORMATION | C | Subpart C—Privacy Act Policies and Procedures | § 2004.28 Use and collection of Social Security numbers. | NIST | We will collect Social Security numbers only when it is necessary and we are authorized to do so. At least annually, the Privacy Act Office will inform employees who are authorized to collect information that: (a) Individuals may not be denied any right, benefit or privilege as a result of refusing to provide their Social Security numbers, unless the collection is authorized either by a statute or by a regulation issued prior to 1975; and (b) They must inform individuals who are asked to provide their Social Security numbers: (1) If providing a Social Security number is mandatory or voluntary; (2) If any statutory or regulatory authority authorizes collection of a Social Security number; and (3) The uses that will be made of the Social Security number. | |||||
| 15:15:4.2.1.9.5.4.43.1 | 15 | Commerce and Foreign Trade | XX | 2004 | PART 2004—DISCLOSURE OF RECORDS AND INFORMATION | D | Subpart D—Production or Disclosure of USTR Records, Information and Employee Testimony in Legal Proceedings | § 2004.30 Purpose and scope. | NIST | (a) Why are we issuing this rule? This subpart establishes the procedures USTR will follow when any federal, state or local government court or other authority seeks production of USTR records or information, or testimony relating to an employee's official duties, in the context of a legal proceeding. Parties seeking records, information or testimony must comply with these requirements when submitting demands or requests to USTR. (b) What does this rule cover? This subpart applies to demands or requests for records, information or testimony in legal proceedings in which USTR is not a named party. It does not apply to: Demands or requests for a USTR employee to testify as to facts or events that are unrelated to his or her official duties or to USTR's functions; FOIA or Privacy Act requests; or Congressional demands or requests for records or testimony. (c) Not a waiver. (1) By providing these policies and procedures, USTR does not waive the sovereign immunity of the United States. (2) The production of records, information or testimony pursuant to this subpart does not constitute a waiver by USTR of any privilege. (d) This subpart provides guidance for USTR's internal operations and does not create any right or benefit, substantive or procedural, that a party may rely upon in any legal proceeding against USTR or the United States. | |||||
| 15:15:4.2.1.9.5.4.43.10 | 15 | Commerce and Foreign Trade | XX | 2004 | PART 2004—DISCLOSURE OF RECORDS AND INFORMATION | D | Subpart D—Production or Disclosure of USTR Records, Information and Employee Testimony in Legal Proceedings | § 2004.39 Fees. | NIST | (a) USTR may condition the production of records, information or an employee's appearance on advance payment of reasonable costs, which may include but are not limited to those associated with employee search time, copying, computer usage, and certifications. (b) Witness fees will include fees, expenses and allowances prescribed by the rules applicable to the particular legal proceeding. If no fees are prescribed, USTR will base fees on the rule of the federal district court closest to the location where the witness will appear. Such fees may include but are not limited to time for preparation, travel and attendance at the legal proceeding. | |||||
| 15:15:4.2.1.9.5.4.43.2 | 15 | Commerce and Foreign Trade | XX | 2004 | PART 2004—DISCLOSURE OF RECORDS AND INFORMATION | D | Subpart D—Production or Disclosure of USTR Records, Information and Employee Testimony in Legal Proceedings | § 2004.31 Definitions. | NIST | For purposes of this subpart: Demand means a request, order, subpoena or other demand of a federal, state or local court or other authority for records, information or employee testimony in a legal proceeding in which USTR is not a named party. Employee means any current or former employee or officer of USTR, including contractors, detailees, interns, and any individual who has served or is serving in any consulting or advisory capacity to USTR, whether formal or informal. General Counsel means USTR's General Counsel or a person within USTR's Office of General Counsel to whom the General Counsel has delegated authority to act under this subpart. Legal proceeding means any matter, including all phases of litigation, before a court of law, administrative board or tribunal, commission, administrative law judge, hearing officer, or other body that conducts a legal or administrative proceeding. Records or information means all documents and materials that are USTR agency records under the FOIA; any original or copy of a record or other property, no matter what media, contained in USTR files; and any other information or materials acquired by a USTR employee in the performance of his or her official duties or because of his or her official status. Request means any informal request, by whatever method, in connection with a legal proceeding, seeking production of records, information or testimony that has not been ordered by a court or other competent authority. Testimony means any written or oral statements, including depositions, answers to interrogatories, affidavits, declarations and recorded interviews made by an individual about USTR information in connection with a legal proceeding. | |||||
| 15:15:4.2.1.9.5.4.43.3 | 15 | Commerce and Foreign Trade | XX | 2004 | PART 2004—DISCLOSURE OF RECORDS AND INFORMATION | D | Subpart D—Production or Disclosure of USTR Records, Information and Employee Testimony in Legal Proceedings | § 2004.32 Production prohibited unless approved. | NIST | (a) Approval required. An employee or any other person or entity in possession of records or information may not produce those records or information, or provide any testimony related to the records or information, in response to any demand or request without prior written approval from the General Counsel. (b) Penalties. Any person or entity that fails to comply with this subpart may be subject to the penalties provided in 18 U.S.C. 641 and other applicable laws. A current employee also may be subject to administrative or disciplinary proceedings. | |||||
| 15:15:4.2.1.9.5.4.43.4 | 15 | Commerce and Foreign Trade | XX | 2004 | PART 2004—DISCLOSURE OF RECORDS AND INFORMATION | D | Subpart D—Production or Disclosure of USTR Records, Information and Employee Testimony in Legal Proceedings | § 2004.33 Factors the General Counsel may consider. | NIST | The General Counsel may grant an employee permission to testify regarding USTR matters and to produce records and information in response to a demand or request. Among the relevant factors the General Counsel may consider in making this determination are whether: (a) The requested records, information or testimony are reasonable in scope, relevant and material to the pending action, and unavailable from other sources such as a non-USTR employee, or a USTR employee other than the employee named. (b) Production of the records, information or testimony might result in USTR appearing to favor one litigant over another. (c) USTR has an interest in the decision that may be rendered in the legal proceeding. (d) Approving the demand or request would assist or hinder USTR in performing statutory duties or unduly burden USTR resources. (e) The demand or request is unduly burdensome or otherwise inappropriate under the rules of discovery or procedure governing the case or matter in which the demand or request arose. (f) Production of the records, information or testimony might violate or be inconsistent with a statute, Executive Order, regulation or other legal authority. (g) Disclosure, including release in camera, is appropriate or necessary under the relevant substantive law concerning privilege. (h) Disclosure, except when in camera and necessary to assert a claim of privilege, would reveal information properly classified or other matters exempt from unrestricted disclosure. (i) Disclosure would interfere with ongoing enforcement proceedings, compromise constitutional rights, reveal the identity of an intelligence source or confidential informant, or disclose trade secrets or similarly confidential commercial or financial information. (j) Any other appropriate factor. | |||||
| 15:15:4.2.1.9.5.4.43.5 | 15 | Commerce and Foreign Trade | XX | 2004 | PART 2004—DISCLOSURE OF RECORDS AND INFORMATION | D | Subpart D—Production or Disclosure of USTR Records, Information and Employee Testimony in Legal Proceedings | § 2004.34 Submitting demands and requests. | NIST | (a) Where do I send a demand or request? To make a demand or request for records, information or testimony you should write directly to the General Counsel. Heightened security delays mail delivery. To avoid mail delivery delays, we strongly suggest that you email your demand or request to TOUHY@ustr.eop.gov. The mailing address is General Counsel, Office of the United States Trade Representative, Anacostia Naval Annex, Building 410/Door 123, 250 Murray Lane SW., Washington, DC 20509. To ensure delivery, you should mark the subject line of your email or your envelope and letter “Touhy Request.” (b) When should I submit it? You should submit your demand or request at least 45 calendar days in advance of the date on which the records, information or testimony is needed. (c) What must be included? (1) A demand or request must include an affidavit or, if that is not feasible, a clear and concise statement by the party or his or her counsel summarizing the legal and factual issues in the proceeding and explaining how the records, information or testimony will contribute substantially to the resolution of one or more specifically identified issues. (2) A demand or request for testimony also must include an estimate of the amount of time that the employee will need to devote to the process of testifying (including anticipated travel time and anticipated duration of round trip travel), plus a showing that no document or the testimony of non-USTR persons, including retained experts, could suffice in lieu of the employee's testimony. (d) Limits. The General Counsel will limit any authorization for testimony to the scope of the demand, and the scope of permissible production of records and information to that set forth in the written authorization. (e) Failure to meet requirements and exceptions. USTR may oppose any demand or request that does not meet the requirements set forth in this subpart. The General Counsel may grant exceptions to the requirements in this subpart upon a showing of compelling need, t… | |||||
| 15:15:4.2.1.9.5.4.43.6 | 15 | Commerce and Foreign Trade | XX | 2004 | PART 2004—DISCLOSURE OF RECORDS AND INFORMATION | D | Subpart D—Production or Disclosure of USTR Records, Information and Employee Testimony in Legal Proceedings | § 2004.35 Processing demands and requests. | NIST | (a) The General Counsel will review a request or demand to produce or disclose records, information or testimony and determine whether, or under what conditions, to authorize the employee to testify regarding USTR matters or produce records and information. The General Counsel will notify the requester of the final determination, the reasons for the grant or denial of the demand or request, and any conditions on disclosure. (b) When necessary, the General Counsel will coordinate with the U.S. Department of Justice to file appropriate motions, including motions to remove the matter to Federal court, to quash, or to obtain a protective order. (c) The General Counsel will process demands and requests in the order in which they are received. Absent unusual circumstances and depending on the scope of the demand or request, the General Counsel will respond within 45 calendar days of the date USTR receives all information necessary to evaluate the demand or request. | |||||
| 15:15:4.2.1.9.5.4.43.7 | 15 | Commerce and Foreign Trade | XX | 2004 | PART 2004—DISCLOSURE OF RECORDS AND INFORMATION | D | Subpart D—Production or Disclosure of USTR Records, Information and Employee Testimony in Legal Proceedings | § 2004.36 Restrictions that apply to testimony. | NIST | (a) The General Counsel may impose conditions or restrictions on the testimony of USTR employees including, for example, limiting the scope of testimony or requiring the requester and other parties to the legal proceeding to agree that the testimony transcript will be kept under seal or will only be used or made available in the particular legal proceeding for which testimony was requested. The General Counsel also may require a copy of the testimony transcript at the requester's expense. (b) USTR may offer the employee's written declaration in lieu of testimony. (c) If authorized to testify pursuant to this subpart, an employee may testify as to relevant facts within his or her personal knowledge, but, unless specifically authorized to do so by the General Counsel, the employee must not: (1) Disclose classified, confidential or privileged information; or (2) For a current USTR employee, testify as an expert or opinion witness with regard to any matter arising out of the employee's official duties or USTR's mission or functions, unless testimony is provided on behalf of the United States. A former employee can provide expert or opinion testimony where the testimony involves only general expertise gained while employed as a USTR employee. | |||||
| 15:15:4.2.1.9.5.4.43.8 | 15 | Commerce and Foreign Trade | XX | 2004 | PART 2004—DISCLOSURE OF RECORDS AND INFORMATION | D | Subpart D—Production or Disclosure of USTR Records, Information and Employee Testimony in Legal Proceedings | § 2004.37 Restrictions that apply to released records and information. | NIST | (a) The General Counsel may impose conditions or restrictions on the release of records and information, including requiring the parties to the legal proceeding to obtain a protective order or to execute a confidentiality agreement to limit access and further disclosure. The terms of a protective order or confidentiality agreement must be acceptable to the General Counsel. In cases where protective orders or confidentiality agreements already have been executed, USTR may condition the release of records and information on an amendment to the existing protective order or confidentiality agreement. (b) If the General Counsel so determines, USTR may present original records for examination in response to a demand or request, but the records cannot be marked or altered or presented as evidence or otherwise used in a manner by which they could lose their status as original records. In lieu of original records, certified copies will be presented for evidentiary purposes. ( See 28 U.S.C. 1733). | |||||
| 15:15:4.2.1.9.5.4.43.9 | 15 | Commerce and Foreign Trade | XX | 2004 | PART 2004—DISCLOSURE OF RECORDS AND INFORMATION | D | Subpart D—Production or Disclosure of USTR Records, Information and Employee Testimony in Legal Proceedings | § 2004.38 In the event of an adverse ruling. | NIST | (a) Notwithstanding USTR's rejection of a demand or request for records, information or testimony, if a court or other competent authority orders a USTR employee to comply with the demand, the employee promptly must notify the General Counsel of the order, and must respectfully decline to comply, citing United States ex rel. Touhy v. Ragen, 340 U.S. 462 (1951). (b) To seek reconsideration of USTR's rejection of a demand or request, or of any restrictions on receiving records, information or testimony, a requester must send a petition for reconsideration in accordance with § 2004.34(a) within 10 days of the date of the determination. The petition must contain a clear and concise statement of the basis for the reconsideration with supporting authorities. Determinations about petitions for reconsideration are within the discretion of the United States Trade Representative or his/her designee, and are final. (c) Pursuant to section 704 of the Administrative Procedure Act, 5 U.S.C. 704, a petition for reconsideration of a final determination under this section is a prerequisite to judicial review. | |||||
| 24:24:5.1.1.1.4.1.1.1 | 24 | Housing and Urban Development | XII | 2004 | PART 2004—SUBPOENAS AND PRODUCTION IN RESPONSE TO SUBPOENAS OR DEMANDS OF COURTS OR OTHER AUTHORITIES | A | Subpart A—General Requirements | § 2004.1 Scope and purpose. | HUD | (a) This part sets forth the policy for service of a subpoena issued by the Office of Inspector General (OIG), and policies and procedures that you must follow when you submit a demand or request to an employee of the OIG to produce official records and information, or provide testimony relating to official information, in connection with a legal proceeding. You must comply with these requirements when you request the release or disclosure of official records and information. (b) The OIG intends these provisions to: (1) Promote economy and efficiency in its programs and operations; (2) Minimize the possibility of involving OIG in controversial issues not related to OIG's functions; (3) Maintain OIG's impartiality among private litigants where OIG is not a named party; and (4) Protect sensitive, confidential information and the deliberative processes of OIG. (c) In providing for these requirements, OIG does not waive the sovereign immunity of the United States. (d) This part provides guidance for the internal operations of OIG. This part does not create any right or benefit, substantive or procedural, that a party may rely upon in any legal proceeding against the United States. | |||||
| 24:24:5.1.1.1.4.1.1.2 | 24 | Housing and Urban Development | XII | 2004 | PART 2004—SUBPOENAS AND PRODUCTION IN RESPONSE TO SUBPOENAS OR DEMANDS OF COURTS OR OTHER AUTHORITIES | A | Subpart A—General Requirements | § 2004.2 Applicability. | HUD | This subpart applies to demands and requests to employees for factual or expert testimony relating to official information, or for production of official records or information, in legal proceedings in which HUD or OIG is not a named party. However, this subpart does not apply to: (a) Demands upon or requests for an OIG employee to testify as to facts or events that are unrelated to his or her official duties or that are unrelated to the functions of OIG; (b) Requests for the release of records under the Freedom of Information Act, 5 U.S.C. 552, or the Privacy Act, 5 U.S.C. 552a; and (c) Congressional demands and Congressional requests for testimony or records. | |||||
| 24:24:5.1.1.1.4.1.1.3 | 24 | Housing and Urban Development | XII | 2004 | PART 2004—SUBPOENAS AND PRODUCTION IN RESPONSE TO SUBPOENAS OR DEMANDS OF COURTS OR OTHER AUTHORITIES | A | Subpart A—General Requirements | § 2004.3 Definitions. | HUD | Counsel means the Counsel to the Inspector General. Demand means a subpoena, or an order or other command of a court or other competent authority, for the production, disclosure, or release of records or for the appearance and testimony of an OIG employee that is issued in a legal proceeding. Legal proceeding means any matter before a court of law, administrative board or tribunal, commission, administrative law judge, hearing officer, or other body that conducts a legal or administrative proceeding. Legal proceeding includes all phases of litigation. OIG means the Office of Inspector General, U.S. Department of Housing and Urban Development. OIG employee or employee means: (1) Any current or former officer or employee of OIG; (2) Any other individual hired through contractual agreement by or on behalf of OIG or who has performed or is performing services under such an agreement for OIG; and (3) Any individual who served or is serving in any consulting or advisory capacity to OIG, whether formal or informal. Records or official records or information means: (1) All documents and materials that are OIG agency records under the Freedom of Information Act, 5 U.S.C. 552; (2) All other documents and materials contained in OIG files; and (3) All other information or materials acquired by an OIG employee in the performance of his or her official duties or because of his or her official status. Request means any informal request, by whatever method, for the production of records and information or for testimony that has not been ordered by a court or other competent authority. Testimony means any written or oral statements, including depositions, answers to interrogatories, affidavits, declarations, recorded interviews, and statements made by an individual in connection with a legal proceeding. | |||||
| 24:24:5.1.1.1.4.2.1.1 | 24 | Housing and Urban Development | XII | 2004 | PART 2004—SUBPOENAS AND PRODUCTION IN RESPONSE TO SUBPOENAS OR DEMANDS OF COURTS OR OTHER AUTHORITIES | B | Subpart B—Office of Inspector General Subpoenas | § 2004.10 Service of an Office of Inspector General subpoena. | HUD | Service of a subpoena issued by OIG may be accomplished as follows: (a) Personal service. Service may be made by delivering the subpoena to the person to whom it is addressed. If the subpoena is addressed to a corporation or other business entity, it may be served upon an employee of the corporation or entity. Service made to an employee, agent, or legal representative of the addressee shall constitute service upon the addressee. (b) Service by mail. Service may also be made by mailing the subpoena, certified mail—return receipt requested, to the addressee at his or her last known business or personal address. | |||||
| 24:24:5.1.1.1.4.3.1.1 | 24 | Housing and Urban Development | XII | 2004 | PART 2004—SUBPOENAS AND PRODUCTION IN RESPONSE TO SUBPOENAS OR DEMANDS OF COURTS OR OTHER AUTHORITIES | C | Subpart C—Requests for Testimony and Production of Documents | § 2004.20 General prohibition. | HUD | No employee may produce official records and information or provide any testimony relating to official information in response to a demand or request without the prior, written approval of the Inspector General or the Counsel. | |||||
| 24:24:5.1.1.1.4.3.1.10 | 24 | Housing and Urban Development | XII | 2004 | PART 2004—SUBPOENAS AND PRODUCTION IN RESPONSE TO SUBPOENAS OR DEMANDS OF COURTS OR OTHER AUTHORITIES | C | Subpart C—Requests for Testimony and Production of Documents | § 2004.29 Fees. | HUD | (a) Generally. The Counsel may condition the production of records or appearance for testimony upon advance payment of a reasonable estimate of the costs to OIG. (b) Fees for records. Fees for producing records will include fees for searching, reviewing, and duplicating records, costs of attorney time spent in reviewing the demand or request, and expenses generated by materials and equipment used to search for, produce, and copy the responsive information. Costs for employee time will be calculated on the basis of the hourly pay of the employee (including all pay, allowance, and benefits). Fees for duplication will be the same as those charged by OIG in its Freedom of Information Act Regulations at 24 CFR part 2002. (c) Witness fees. Fees for attendance by a witness will include fees, expenses, and allowances prescribed by the court's rules. If no such fees are prescribed, witness fees will be determined based upon the rule of the federal district court closest to the location where the witness will appear. Such fees will include cost of time spent by the witness to prepare for testimony, in travel, and for attendance in the legal proceeding. (d) Payment of fees. You must pay any applicable witness fees for current OIG employees and any records certification fees by submitting to the Counsel a check or money order for the appropriate amount made payable to the Treasury of the United States. In the case of testimony by former OIG employees, you must pay applicable fees directly to the former employee in accordance with applicable statutes. (e) Waiver or reduction of fees. The Counsel, in his or her sole discretion, may, upon a showing of reasonable cause, waive or reduce any fees in connection with the testimony or production of records. Additionally, fees will not be assessed if the total charge would be $10.00 or less. | |||||
| 24:24:5.1.1.1.4.3.1.2 | 24 | Housing and Urban Development | XII | 2004 | PART 2004—SUBPOENAS AND PRODUCTION IN RESPONSE TO SUBPOENAS OR DEMANDS OF COURTS OR OTHER AUTHORITIES | C | Subpart C—Requests for Testimony and Production of Documents | § 2004.21 Factors OIG will consider. | HUD | The Counsel or Inspector General, in their discretion, may grant an employee permission to testify on matters relating to official information, or produce official records and information, in response to a demand or request. Among the relevant factors that the Inspector General or the Counsel may consider in making this decision are whether: (a) The purposes of this part are met; (b) OIG has an interest in the decision that may be rendered in the legal proceeding; (c) Allowing such testimony or production of records would assist or hinder OIG in performing its statutory duties or use OIG resources where responding to the request will interfere with the ability of OIG employees to do their work; (d) The records or testimony can be obtained from other sources; (e) The demand or request is unduly burdensome or otherwise inappropriate under the applicable rules of discovery or the rules of procedure governing the case or matter in which the demand or request arose; (f) Disclosure would violate or be inconsistent with a statute, Executive Order, or regulation; (g) Disclosure would reveal confidential or privileged information, trade secrets, or similar, confidential commercial, or financial information; (h) Disclosure would impede or interfere with an ongoing law enforcement investigation or proceedings, or compromise constitutional rights; (i) Disclosure would result in OIG appearing to favor one litigant over another; (j) Disclosure relates to documents that were produced by another agency; (k) The demand or request is in conformance with all other applicable rules; (l) The demand or request is sufficiently specific to be answered; and (m) For any other good cause. | |||||
| 24:24:5.1.1.1.4.3.1.3 | 24 | Housing and Urban Development | XII | 2004 | PART 2004—SUBPOENAS AND PRODUCTION IN RESPONSE TO SUBPOENAS OR DEMANDS OF COURTS OR OTHER AUTHORITIES | C | Subpart C—Requests for Testimony and Production of Documents | § 2004.22 Filing requirements for demands or requests for documents or testimony. | HUD | You must comply with the following requirements whenever you issue demands or requests to an OIG employee for official records and information or testimony. (a) Your request must be in writing and must be submitted to the Counsel. If you serve a subpoena on OIG or on an OIG employee before submitting a written request and receiving a final determination from the Counsel, OIG will oppose the subpoena on grounds that your request was not submitted in accordance with this subpart. (b) Your written request must contain the following information: (1) The caption of the legal proceeding, docket number, and name and address of the court or other authority involved; (2) A copy of the complaint or equivalent document setting forth the assertions in the case and any other pleading or document sufficient to show relevance; (3) A list of categories of records sought, a detailed description of how the information sought is relevant to the issues in the legal proceeding, and a specific description of the substance of the testimony or records sought; (4) A statement as to how the need for the information outweighs the need to maintain any confidentiality of the information and outweighs the burden on OIG to produce the records or provide testimony; (5) A statement indicating that the information sought is not available from another source, from other persons or entities, or from the testimony of someone other than an OIG employee, such as a retained expert; (6) If testimony is requested, the intended use of the testimony, a general summary of the desired testimony, and a showing that no document could be provided and used in lieu of testimony; (7) A description of all prior decisions, orders, or pending motions in the case that bear upon the relevance of the requested records or testimony; (8) The name, address, and telephone number of counsel to each party in the case; and (9) An estimate of the amount of time that the requester and other parties will require with each OIG employee for time spent by the employee to … | |||||
| 24:24:5.1.1.1.4.3.1.4 | 24 | Housing and Urban Development | XII | 2004 | PART 2004—SUBPOENAS AND PRODUCTION IN RESPONSE TO SUBPOENAS OR DEMANDS OF COURTS OR OTHER AUTHORITIES | C | Subpart C—Requests for Testimony and Production of Documents | § 2004.23 Service of subpoenas or requests. | HUD | Subpoenas or requests for official records or information or testimony must be served on the Counsel to the Inspector General, Office of Inspector General, U.S. Department of Housing and Urban Development, 451 Seventh Street, SW, Room 8260, Washington, DC 20410-4500. | |||||
| 24:24:5.1.1.1.4.3.1.5 | 24 | Housing and Urban Development | XII | 2004 | PART 2004—SUBPOENAS AND PRODUCTION IN RESPONSE TO SUBPOENAS OR DEMANDS OF COURTS OR OTHER AUTHORITIES | C | Subpart C—Requests for Testimony and Production of Documents | § 2004.24 Processing demands or requests. | HUD | (a) After service of a demand or request to testify, the Counsel will review the demand or request and, in accordance with the provisions of this subpart, determine whether, or under what conditions, to authorize the employee to testify on matters relating to official information and/or to produce official records and information. (b) The OIG will process requests in the order in which they are received. Absent exigent or unusual circumstances, OIG will respond within 30 days from the date that we receive all information necessary to the evaluation of the demand or request. The time for response will depend upon the scope of the request. (c) The Counsel may grant a waiver of any procedure described in this subpart where a waiver is considered necessary to promote a significant interest of OIG, HUD, and the United States, or for other good cause. | |||||
| 24:24:5.1.1.1.4.3.1.6 | 24 | Housing and Urban Development | XII | 2004 | PART 2004—SUBPOENAS AND PRODUCTION IN RESPONSE TO SUBPOENAS OR DEMANDS OF COURTS OR OTHER AUTHORITIES | C | Subpart C—Requests for Testimony and Production of Documents | § 2004.25 Final determination. | HUD | The Counsel makes the final determination on demands and requests to employees for production of official records and information or testimony. All final determinations are within the sole discretion of the Counsel. The Counsel will notify the requester of the final determination, the reasons for the grant or denial of the demand or request, and any conditions that the Counsel may impose on the release of records or information, or on the testimony of an OIG employee. | |||||
| 24:24:5.1.1.1.4.3.1.7 | 24 | Housing and Urban Development | XII | 2004 | PART 2004—SUBPOENAS AND PRODUCTION IN RESPONSE TO SUBPOENAS OR DEMANDS OF COURTS OR OTHER AUTHORITIES | C | Subpart C—Requests for Testimony and Production of Documents | § 2004.26 Restrictions that apply to testimony. | HUD | (a) The Counsel may impose conditions or restrictions on the testimony of OIG employees including, for example, limiting the areas of testimony or requiring the requester and other parties to the legal proceeding to agree that the transcript of the testimony will be kept under seal or will only be used or made available in the particular legal proceeding for which testimony was requested. The Counsel may also require a copy of the transcript of testimony at the requester's expense. (b) The OIG may offer the employee's written declaration in lieu of testimony. (c) If authorized to testify pursuant to this part, an employee may testify as to facts within his or her personal knowledge, but, unless specifically authorized to do so by the Counsel, the employee shall not: (1) Disclose confidential or privileged information; (2) Testify as to facts when the Counsel determines such testimony would not be in the best interest of OIG, HUD and the United States; or (3) Testify as an expert or opinion witness with regard to any matter arising out of the employee's official duties or the functions of OIG. This provision does not apply to requests from the United States for expert or opinion testimony. | |||||
| 24:24:5.1.1.1.4.3.1.8 | 24 | Housing and Urban Development | XII | 2004 | PART 2004—SUBPOENAS AND PRODUCTION IN RESPONSE TO SUBPOENAS OR DEMANDS OF COURTS OR OTHER AUTHORITIES | C | Subpart C—Requests for Testimony and Production of Documents | § 2004.27 Restrictions that apply to released records. | HUD | (a) The Counsel may impose conditions or restrictions on the release of official records and information, including the requirement that parties to the proceeding obtain a protective order or execute a confidentiality agreement to limit access and any further disclosure. The terms of the protective order or of a confidentiality agreement must be acceptable to the Counsel. In cases where protective orders or confidentiality agreements have already been executed, OIG may condition the release of official records and information on an amendment to the existing protective order or confidentiality agreement. (b) If the Counsel so determines, original OIG records may be presented for examination in response to a demand or request, but they are not to be presented as evidence or otherwise used in a manner by which they could lose their identity as official OIG records, nor are they to be marked or altered. In lieu of the original records, certified copies will be presented for evidentiary purposes. | |||||
| 24:24:5.1.1.1.4.3.1.9 | 24 | Housing and Urban Development | XII | 2004 | PART 2004—SUBPOENAS AND PRODUCTION IN RESPONSE TO SUBPOENAS OR DEMANDS OF COURTS OR OTHER AUTHORITIES | C | Subpart C—Requests for Testimony and Production of Documents | § 2004.28 Procedure in the event of an adverse ruling. | HUD | [70 FR 36791, June 24, 2005] | (a) Opportunity to review adverse ruling. Any person aggrieved by a decision made by the Counsel under this part denying a request for documents or testimony, or restricting the release of documents or testimony, may seek review of that decision pursuant to paragraph (c) of this section. (b) Procedure in the event of conflicting court order. If the Inspector General or Counsel declines to approve a demand for records or testimony and a court or other authority rules that the demand must be complied with irrespective of the instructions from the OIG not to produce the material or disclose the information sought, the employee or former employee upon whom the demand has been made shall respectfully decline to comply with the demand, citing United States ex rel. Touhy v. Ragen, 340 U.S. 462 (1951). (c) Procedure —(1) Notice of intention to petition for review. A party or any person aggrieved by the decision made pursuant to this part denying or restricting the release of documents or testimony may seek review of the decision by filing a written Notice of Intention to Petition for Review (Notice) within five business days of the date of this decision. The Notice shall identify the petitioner, the adverse decision, and any dates (such as deposition, hearing, or court dates) that are significant to the party. The Notice shall be served in accordance with § 2004.23. (2) Petition for review. Within five business days of the filing of a Notice, the person or party seeking review shall file a Petition for Review (Petition) containing a clear and concise statement of the issues to be reviewed and the reasons why the review is appropriate. The petition shall include exceptions to any findings of fact or conclusions of law made, together with supporting reasons and arguments for such exceptions based on appropriate citations to such record or law as may exist. These reasons may be stated in summary form. Decisions on the Petition may be made by either the Inspector General or the Counsel and shall become the fi… |
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CREATE TABLE cfr_sections (
section_id TEXT PRIMARY KEY,
title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
part_number TEXT,
part_name TEXT,
subpart TEXT,
subpart_name TEXT,
section_number TEXT,
section_heading TEXT,
agency TEXT,
authority TEXT,
source_citation TEXT,
amendment_citations TEXT,
full_text TEXT
);
CREATE INDEX idx_cfr_title ON cfr_sections(title_number);
CREATE INDEX idx_cfr_part ON cfr_sections(part_number);
CREATE INDEX idx_cfr_agency ON cfr_sections(agency);